| Chapter 029 |
| 2022 -- H 7315 Enacted 05/25/2022 |
| A N A C T |
| RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES--ZONING BOARD OF REVIEW |
Introduced By: Representatives McEntee, Fogarty, and Filippi |
| Date Introduced: February 02, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 45-24-56 of the General Laws in Chapter 45-24 entitled "Zoning |
| Ordinances" is hereby amended to read as follows: |
| 45-24-56. Administration -- Zoning board of review -- Establishment and procedures. |
| (a) A zoning ordinance adopted pursuant to this chapter shall provide for the creation of a |
| zoning board of review and for the appointment of members, including alternate members, and for |
| the organization of the board, as specified in the zoning ordinance, or, in cities and towns with |
| home rule or legislative charters, as provided in the charter. A zoning ordinance may provide for |
| remuneration to the zoning board of review members and for reimbursement for expenses incurred |
| in the performance of official duties. A zoning board of review may engage legal, technical, or |
| clerical assistance to aid in the discharge of its duties. The board shall establish written rules of |
| procedure; a mailing address to which appeals and correspondence to the zoning board of review |
| are sent; and an office where records and decisions are filed. |
| (b) The zoning board of review consists of five (5) members, each to hold office for the |
| term of five (5) years; provided, that the original appointments are made for terms of one, two (2), |
| three (3), four (4), and five (5) years, respectively. The zoning board of review also includes two |
| (2) alternates to be designated as the first and second alternate members, their terms to be set by |
| the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively |
| participate in hearings. The first alternate shall vote if a member of the board is unable to serve at |
| a hearing and the second shall vote if two (2) members of the board are unable to serve at a hearing. |
| In the absence of the first alternate member, the second alternate member shall serve in the position |
| of the first alternate. No member or alternate may vote on any matter before the board unless they |
| have attended all hearings concerning that matter. Where not provided for in the city or town |
| charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of |
| zoning board members, and for removal of members for due cause. |
| (c) Notwithstanding the provisions of subsection (b), the zoning board of review of the |
| town of Jamestown consists of five (5) members, each to hold office for the term of five (5) years; |
| provided, that the original appointments are made for terms of one, two (2), three (3), four (4), and |
| five (5) years respectively. The zoning board of review of the town of Jamestown also includes |
| three (3) alternates to be designated as the first, second, and third alternate members, their terms to |
| be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may |
| actively participate in hearings. The first alternate shall vote if a member of the board is unable to |
| serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a |
| hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. |
| In the absence of the first alternate member, the second alternate member shall serve in the position |
| of the first alternate. No member or alternate may vote on any matter before the board unless they |
| have attended all hearings concerning that matter. Where not provided for in the town charter, the |
| zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board |
| members, and for removal of members for due cause. |
| (d) Members of zoning boards of review serving on the effective date of adoption of a |
| zoning ordinance under this chapter are exempt from the provisions of this chapter respecting terms |
| of originally appointed members until the expiration of their current terms. |
| (e) The chairperson, or in his or her absence, the acting chairperson, may administer oaths |
| and compel the attendance of witnesses by the issuance of subpoenas. |
| (f) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
| review for the town of Little Compton shall consist of five (5) members, each to hold office for the |
| term of five (5) years. The zoning board of review for the town of Little Compton shall also include |
| three (3) alternates to be designated as the first, second and third alternate members, their terms to |
| be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may |
| actively participate in the hearings. The first alternate shall vote if a member of the board is unable |
| to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a |
| hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. |
| In the absence of the first alternate member, the second alternate member shall serve in the position |
| of the first alternate. No member or alternate may vote on any matter before the board unless they |
| have attended all hearings concerning that matter. Where not provided for in the town charter, the |
| zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board |
| members, and for removal of members for due cause. |
| (g) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
| review for the town of Charlestown shall consist of five (5) members, each to hold office for the |
| term of five (5) years. The zoning board of review for the town of Charlestown shall also include |
| three (3) alternates to be designated as the first, second, and third alternate members, their terms to |
| be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may |
| actively participate in the hearings. The first alternate shall vote if a member of the board is unable |
| to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a |
| hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. |
| In the absence of the first alternate member, the second alternate member shall serve in the position |
| of the first alternate. No member or alternate may vote on any matter before the board unless they |
| have attended all hearings concerning that matter. Where not provided for in the town charter, the |
| zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board |
| members, and for removal of members for due cause. |
| (h) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
| review for the town of Scituate shall consist of five (5) members, each to hold office for the term |
| of five (5) years. The zoning board of review for the town of Scituate shall also include three (3) |
| alternates to be designated as the first, second, and third alternate members, their terms to be set by |
| the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively |
| participate in the hearings. The first alternate shall vote if a member of the board is unable to serve |
| at a hearing; the second shall vote if two (2) members of the board are unable to serve at a hearing; |
| and the third shall vote if three (3) members of the board are unable to serve at a hearing. In the |
| absence of the first alternate member, the second alternate member shall serve in the position of |
| the first alternate. No member or alternate may vote on any matter before the board unless they |
| have attended all hearings concerning that matter. Where not provided for in the town charter, the |
| zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board |
| members, and for removal of members for due cause. |
| (i) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
| review of the town of Middletown shall consist of five (5) members, each to hold office for a term |
| of five (5) years. The zoning board of review of the town of Middletown shall also include three |
| (3) alternates to be designated as the first (1st), second, (2nd) and third (3rd) alternate members, |
| their terms to be set by ordinance but not to exceed (5) years. These alternate members shall sit and |
| may actively participate in the hearing. The first alternate shall vote if a member of the board is |
| unable to serve at the hearing; the second alternate shall vote if two (2) members of the board are |
| unable to serve at the hearing; and the third alternate shall vote if three (3) members of the board |
| are unable to serve at the hearing. In the absence of the first alternate member, the second alternate |
| member shall serve in the position of the first alternate. No member or alternate may vote on any |
| matter before the board unless they have attended all hearings concerning that matter. Where not |
| provided for in the town charter the zoning ordinance shall specify procedures for filling vacancies |
| in unexpired terms of zoning board members and for removal of members for due cause. |
| (j) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
| review of the city of Cranston shall consist of five (5) members, each to hold office for a term of |
| five (5) years. The zoning board of review of the city of Cranston shall also include four (4) |
| alternates to be designated as the first (1st), second (2nd), third (3rd), and fourth (4th), alternate |
| members, to be appointed for a term of one year. These alternate members shall sit and may actively |
| participate in all zoning hearings. The first alternate shall vote if a member of the board is unable |
| to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable |
| to serve at the hearing; the third alternate shall vote if three (3) members of the board are unable to |
| serve at the hearing; and the fourth alternate shall vote if four (4) members of the board are unable |
| to serve at the hearing. In the absence of the first alternate member, the second alternate member |
| shall serve in the position of the first alternate. No member or alternate may vote on any matter |
| before the board unless they have attended all hearings concerning that matter. Where not provided |
| for in the city charter, the zoning ordinance shall specify procedures for filling vacancies during |
| the unexpired terms of zoning board members and for removal of members for due cause. |
| (k) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
| review for the town of Barrington shall consist of five (5) members, each to hold office for a term |
| of five (5) years. The zoning board of review for the town of Barrington shall also include three (3) |
| alternates to be designated as the first, second, and third alternate members, their terms are to be |
| set by ordinance but not to exceed five (5) years. These alternate members shall sit and may actively |
| participate in the hearing. The first alternate member shall vote if a member of the board is unable |
| to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable |
| to serve at the hearing; and the third alternate member shall vote if three (3) members of the board |
| are unable to serve at the hearing. In the absence of the first alternate member, the second alternate |
| member shall serve in the position of the first alternate. No member or alternate may vote on any |
| matter before the board unless they have attended all the hearings concerning that matter. Where |
| not provided for in the town charter, the zoning ordinance shall specify procedures for filling |
| vacancies in unexpired terms of zoning board members, and for removal of members for due cause. |
| (l) Notwithstanding the provisions of subsection (b) of this section, the zoning board of |
| review for the town of South Kingstown shall consist of five (5) members, each to hold office for |
| a term of five (5) years. The zoning board of review for the town of South Kingstown shall also |
| include three (3) alternates to be designated as the first, second, and third alternate members, their |
| terms to be set by ordinance but not to exceed five (5) years. These alternate members shall sit and |
| may actively participate in the hearing. The first alternate shall vote if a member of the board is |
| unable to serve at the hearing; the second alternate shall vote if two (2) members of the board are |
| unable to serve at the hearing; and the third alternate shall vote if three (3) members of the board |
| are unable to serve at the hearing. In the absence of the first alternate member, the second alternate |
| member shall serve in the position of the first alternate. No member or alternate may vote on any |
| matter before the board unless they have attended all hearings concerning that matter. Where not |
| provided for in the town charter, the zoning ordinance shall specify procedures for filling vacancies |
| in unexpired terms of zoning board members, and for removal of members for due cause. |
| SECTION 2. This act shall take effect upon passage. |
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| LC004393 |
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