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H 551A
Approved

April 23, 1923.

State aid to

cities and towns

for extermina

ting mosquitoes; notice to

be given by city

or town mak

ing appropria

tion.

City or town not giving notice, not to receive state aid.

State aid may

be applied to ing city or

town, when.

CHAPTER 429.

[2314]

AN ACT PROVIDING STATE AID FOR THE EXTERMINA-
TION OF MOSQUITOES.

It is enacted by the General Assembly as follows:

SECTION 1. Any city or town making an appropriation for work in such town for the purpose of exterminating mosquitoes and giving notice to the state auditor on or before the fifteenth day of May in the year 1923 and on or before the first day of March in any year thereafter that an appropriation has been made and is available for expenditure for such purpose, shall be entitled to state aid to an amount equal to one-half the sum expended by such city or town in any such year previous to the tenth day of November for material, labor and other expenses for work actually performed excluding pay for advice, supervision, services of engineers and surveyors and clerical assistance.

SEC. 2. Any city or town failing to make an appropriation and to give notice thereof as provided in section 1 of this act shall not be entitled to such state aid.

SEC. 3. If any city or town fails to make any use of adjoin- appropriation or an appropriation for work in such city or town sufficient to entitle it to the full amount of state aid as provided for by this act, or fails to give the required notice to the state auditor, any adjoining city or town making an appropriation for work to be performed in the city or town which fails to appropriate as aforesaid, and giving notice thereof

to the state auditor on or before the first day of June in the year 1923, and on or before the fifteenth day of March in any year thereafter, shall be entitled to receive, in addition to the state aid provided for in section 1 of this act, state aid at the same rate as provided for in said section in the place and stead of such city or town failing as aforesaid, but only to the extent that such city or town fails to avail itself of such state aid.

SEC. 4. When the treasurer of any city or town entitled to state aid under the provisions of this act shall certify to the state auditor the amount expended for such material, labor and expenses, the state auditor shall draw his orders on the general treasurer in favor of such city or town for the amount to which such city or town is entitled: Provided, however, that such certification shall have been made previous to November 15th in the year in which such state aid is payable, and provided, further, that not more than five thousand dollars in state aid shall be paid for such work performed in any one city or town.

SEC. 5. The general assembly shall annually appropriate such sum as it may deem necessary for the purposes of this act.

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for fiscal year

of 1923.

SEC. 6. For the purpose of providing the necessary Appropriation state aid under the provisions of this act during the fiscal year ending on the 30th day of November, A. D. 1923, the sum of thirty thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated; and the state auditor is hereby authorized and directed to draw his orders upon the general treasurer for the payment of said sum or so much thereof as may be from time to time required, in accordance with the provisions of this act.

City and town clerks to receive attested copies of this act.

This act effective, when and how long.

SEC. 7. The secretary of state, within ten days from and after the passage of this act, shall send a true and attested copy of the same to the city clerk of every city and town clerk of every town within the state.

SEC. 8. This act shall take effect upon its passage, and shall remain in full force and effect until the first day of December, A. D. 1924, when it shall stand repealed.

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CHAPTER 430.

[2315]

AN ACT IN AMENDMENT OF AND IN ADDITION TO

CHAPTER 57 OF THE GENERAL LAWS, ENTITLED“ OF

THE AUTHORIZING OF CITIES TO ENACT ZONING ORDI-
NANCES."

It is enacted by the General Assembly as follows:

SECTION 1. Section 1 of chapter 57 of the general laws, entitled "Of the authorizing of cities to enact zoning ordinances," is hereby amended to read as follows:

"Section 1. For the purpose of promoting health, safety, morals or general welfare, the city council of any city and the representative council of the city of Newport shall have power in accordance with the provisions of this chapter within the limits of such city by ordinance to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes.

municipalities into districts;

regulations for

"For any and all of said purposes said city council May divide or representative council may divide the munici- make uniform pality into districts of such number, shape and area buildings. as it may deem best suited to carry out the purposes of this chapter; and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings throughout each district but the regulations in one district may differ from those in other districts.

Regulations,

"Such regulations shall be made in accordance purpose of. with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality."

SEC. 2. Said chapter 57 is hereby further amended by adding thereto the following section:

"Sec. 8. The city council of any city and the representative council of the city of Newport may provide for the selection and organization of a board of review, and in the regulations and restrictions adopted pursuant to the authority of this chapter may provide that said board of review may, in appropriate cases and subject to appropriate conditions and

Board of

review.

Board of review, how

safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained, or where such exception is reasonably necessary for the convenience or welfare of the public.

"The board of review shall consist of five members, composed, etc. each to hold office for the term of five years; provided, however, that the original selections shall be made for terms of one, two, three, four and five years Chairman may respectively. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of such board shall be open to the public.

administer oaths, etc.

Hearings.

Minutes and records of board.

Appeals to the board of review.

Stay of proceedings by appeal.

"The board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be a public record.

"Appeals to the board of review may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board of review a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

"An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board

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