§ 45-24-56 — § 45-24-56. Administration — Zoning board of review — Establishment and procedures.

§ 45-24-56. Administration — Zoning board of review — Establishment and procedures.

(a) Unless the zoning ordinance provides for a combined review board pursuant to §§ 45-24-56.1 and 45-22-1, 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 shall consist of five (5) members. A zoning ordinance shall provide for the length of term of each member, but shall not exceed five (5) years. The zoning board of review shall also include at least two (2) or up to four (4) alternates to be designated as each respective alternate, 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; if there is a third alternate, such alternate shall vote if three (3) members of the board are unable to serve at a hearing; and if there is a fourth alternate, such alternate shall vote if four (4) members of the board are unable to serve at a hearing. In the absence of an alternate member or members, the next numbered alternate member or members shall serve in the position of that alternate or alternates. A minimum of four (4) members, which may include alternates, shall form a duly constituted quorum. 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) [Deleted by P.L. 2024, ch. 288, § 2 and P.L. 2024, ch. 289, § 2.]

(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) — (l) [Deleted by P.L. 2024, ch. 288, § 2 and P.L. 2024, ch. 289, § 2.]

Legislative History

P.L. 1991, ch. 307, § 1; P.L. 1996, ch. 51, § 1; P.L. 1996, ch. 72, § 1; P.L. 1999, ch. 314, § 1; P.L. 2002, ch. 22, § 1; P.L. 2002, ch. 90, § 1; P.L. 2003, ch. 222, § 1; P.L. 2003, ch. 279, § 1; P.L. 2005, ch. 368, § 1; P.L. 2005, ch. 424, § 1; P.L. 2007, ch. 17, § 1; P.L. 2007, ch. 18, § 1; P.L. 2020, ch. 23, § 1; P.L. 2020, ch. 49, § 1; P.L. 2022, ch. 29, § 1, effective May 25, 2022; P.L. 2022, ch. 30, § 1, effective May 25, 2022; P.L. 2022, ch. 208, § 2, effective January 1, 2023; P.L. 2022, ch. 209, § 2, effective January 1, 2023; P.L. 2024, ch. 288, § 2, effective January 1, 2025; P.L. 2024, ch. 289, § 2, effective January 1, 2025.