§ 45-24-56 - Administration – Zoning board of review – Establishment and procedures.
SECTION 45-24-56
§ 45-24-56 Administration – Zoningboard of review – Establishment and procedures. – (a) A zoning ordinance adopted pursuant to this chapter shall provide for thecreation of a zoning board of review and for the appointment of members,including alternate members, and for the organization of the board, asspecified in the zoning ordinance, or, in cities and towns with home rule orlegislative charters, as provided in the charter. A zoning ordinance mayprovide for remuneration to the zoning board of review members and forreimbursement for expenses incurred in the performance of official duties. Azoning board of review may engage legal, technical, or clerical assistance toaid in the discharge of its duties. The board shall establish written rules ofprocedure, a mailing address to which appeals and correspondence to the zoningboard 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 originalappointments 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, theirterms to be set by the ordinance, but not to exceed five (5) years. Thesealternate members shall sit and may actively participate in hearings. The firstalternate shall vote if a member of the board is unable to serve at a hearingand the second shall vote if two (2) members of the board are unable to serveat a hearing. In the absence of the first alternate member, the secondalternate member shall serve in the position of the first alternate. No memberor alternate may vote on any matter before the board unless they have attendedall hearings concerning that matter. Where not provided for in the city or towncharter, the zoning ordinance shall specify procedures for filling vacancies inunexpired terms of zoning board members, and for removal of members for duecause.
(c) Notwithstanding the provisions of subsection (b), thezoning 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 originalappointments 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 Jamestownalso includes three (3) alternates to be designated as the first, second, andthird alternate members, their terms to be set by the ordinance, but not toexceed five (5) years. These alternate members shall sit and may activelyparticipate in hearings. The first alternate shall vote if a member of theboard is unable to serve at a hearing; the second shall vote if two (2) membersof the board are unable to serve at a hearing; and the third shall vote ifthree (3) members of the board are unable to serve at a hearing. In the absenceof the first alternate member, the second alternate member shall serve in theposition of the first alternate. No member or alternate may vote on any matterbefore the board unless they have attended all hearings concerning that matter.Where not provided for in the town charter, the zoning ordinance shall specifyprocedures 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 theeffective date of adoption of a zoning ordinance under this chapter are exemptfrom the provisions of this chapter respecting terms of originally appointedmembers until the expiration of their current terms.
(e) The chairperson, or in his or her absence, the actingchairperson, may administer oaths and compel the attendance of witnesses by theissuance of subpoenas.
(f) Notwithstanding the provisions of subsection (b) of thissection, the zoning board of review for the town of Little Compton shallconsist 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 alsoinclude three (3) alternates to be designated as the first, second and thirdalternate members, their terms to be set by the ordinance, but not to exceedfive (5) years. These alternate members shall sit and may actively participatein the hearings. The first alternate shall vote if a member of the board isunable to serve at a hearing; the second shall vote if two (2) members of theboard 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 thefirst alternate member, the second alternate member shall serve in the positionof the first alternate. No member or alternate may vote on any matter beforethe board unless they have attended all hearings concerning that matter. Wherenot provided for in the town charter, the zoning ordinance shall specifyprocedures 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 thissection, the zoning board of review for the town of Charlestown shall consistof five (5) members, each to hold office for the term of five (5) years. Thezoning 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. Thesealternate members shall sit and may actively participate in the hearings. Thefirst alternate shall vote if a member of the board is unable to serve at ahearing; the second shall vote if two (2) members of the board are unable toserve at a hearing; and the third shall vote if three (3) members of the boardare 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 haveattended all hearings concerning that matter. Where not provided for in thetown charter, the zoning ordinance shall specify procedures for fillingvacancies in unexpired terms of zoning board members, and for removal ofmembers for due cause.
(h) Notwithstanding the provisions of subsection (b) of thissection, the zoning board of review for the town of Scituate shall consist offive (5) members, each to hold office for the term of five (5) years. Thezoning 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. Thesealternate members shall sit and may actively participate in the hearings. Thefirst alternate shall vote if a member of the board is unable to serve at ahearing; the second shall vote if two (2) members of the board are unable toserve at a hearing; and the third shall vote if three (3) members of the boardare 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 haveattended all hearings concerning that matter. Where not provided for in thetown charter, the zoning ordinance shall specify procedures for fillingvacancies in unexpired terms of zoning board members, and for removal ofmembers for due cause.
(i) Notwithstanding the provisions of subsection (b) of thissection, the zoning board of review of the town of Middletown shall consist offive (5) members, each to hold office for a term of five (5) years. The zoningboard 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 thehearing. The first alternate shall vote if a member of the board is unable toserve at the hearing; the second alternate shall vote if two (2) members of theboard are unable to serve at the hearing; and the third alternate shall vote ifthree (3) members of the board are unable to serve at the hearing. In theabsence of the first alternate member, the second alternate member shall servein the position of the first alternate. No member or alternate may vote on anymatter before the board unless they have attended all hearings concerning thatmatter. Where not provided for in the town charter the zoning ordinance shallspecify procedures for filling vacancies in unexpired terms of zoning boardmembers and for removal of members for due cause.
(j) Notwithstanding the provisions of subsection (b) of thissection, the zoning board of review of the city of Cranston shall consist offive (5) members, each to hold office for a term of five (5) years. The zoningboard of review of the city of Cranston shall also include four (4) alternatesto be designated as the first (1st), second (2nd), third (3rd), and fourth(4th), alternate members, to be appointed for a term of one year. Thesealternate members shall sit and may actively participate in all zoninghearings. The first alternate shall vote if a member of the board is unable toserve at the hearing; the second alternate shall vote if two (2) members of theboard are unable to serve at the hearing; the third alternate shall vote ifthree (3) members of the board are unable to serve at the hearing; and thefourth alternate shall vote if four (4) members of the board are unable toserve at the hearing. In the absence of the first alternate member, the secondalternate member shall serve in the position of the first alternate. No memberor alternate may vote on any matter before the board unless they have attendedall hearings concerning that matter. Where not provided for in the citycharter, the zoning ordinance shall specify procedures for filling vacanciesduring the unexpired terms of zoning board members and for removal of membersfor due cause.