Zoning board of review
(a) Establishment and procedures. A zoning board of review, herein called the "board", is hereby created. The board, with the approval of the town council may engage technical assistance to aid in the discharge of its duties. The director of community development shall serve as staff to the board or designate the assistant planner to serve as such staff. The town solicitor or assistant town solicitor shall serve as legal counsel to the board. The board shall establish written rules of procedure within six months of the adoption of these zoning regulations. Appeals and correspondence to the board shall be sent to the board in care of the director of community development. The director of community development shall file all records and decisions of the board. The director shall also sponsor training sessions three times a year and members shall be required to have four hours of training a year.
(b) Membership. The zoning board of review shall consist of five members who are residents of the town, appointed by the town council, each to hold office for the term of five years; provided, however, that the original appointments shall be made for terms of one, two, three, four and five years respectively. The board shall also include two alternates to be designated as the first and second alternate members, for terms of two years. These alternate members shall sit and shall actively participate in all 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 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 such matter. Vacancies in unexpired terms of board members shall be filled by the town council no more than 90 days following the vacancy. Members may be removed by the town council for due cause, for not attending three consecutive meetings and/or for not fulfilling training requirements.
(c) Prior members. Members of the board serving on the effective date of amendment of this chapter shall be exempt from provisions of this chapter respecting terms of originally appointed members until the expiration of their current terms.
(d) Chair. The board shall, in April of each year, elect a chairperson and vice-chairperson and may elect a secretary from its membership. The chairperson, or in his/her absence, the vice-chairperson, may administer oaths and compel attendance of witnesses by the issuance of subpoenas. The board may also engage the services of a secretary or stenographer within the limit of the funds available to it.
(e) Powers and duties. The board shall have the following powers and duties:
(1) To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision or determination made by an administrative officer or agency, including the planning board, in the enforcement or interpretation of this chapter.
(2) To hear and decide appeals from a party aggrieved by a decision of the historic district commission, pursuant to section 28-281.
(3) To authorize upon application, in specific cases of hardship, variances in the application of the terms of this chapter.
(4) To authorize upon application, where specified in this chapter, special use permits.
(5) To refer matters to the planning board, community development department, or to other boards or agencies of the town as the board may deem appropriate, for findings and recommendations.
(6) To provide for issuance of conditional zoning approvals, either variance or special use permits, where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked, after a public hearing with due notice, in the instance where any necessary state or federal agency approvals are not received within a specified time period.
(7) To hear and decide such other matters, according to the terms of this chapter or other statutes, and upon which the board may be authorized to pass under this chapter or other statutes.
(f) Voting. The board shall be required to vote as follows:
(1) Four active members, which may include alternates, shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself, and shall not sit as an active member and shall take no part in the conduct of the hearing. A maximum of five active members, which may include alternates, shall be entitled to vote on any issue.
(2) The concurring vote of a majority of members of the board sitting at a hearing shall be necessary to reverse any order, requirement, decision or determination of the historic district commission, the planning board, or any administrative officer or agency from whom an appeal was taken.
(3) The concurring vote of a majority of members of the board sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the board upon which it is required to pass under this chapter, including variances and special use permits.
(g) Application procedure. Application procedures shall be adopted by the board for the filing of appeals, request for variances, special use permits, development plan review, site plan review and such other applications as may be specified in this chapter, and shall be prepared by the director of community development and published.
(h) Fees. Fees shall be required, in an amount established from time to time by the town council, to be paid by the appellant or applicant for the adequate review and hearing of applications, issuance of zoning certificates and the recording of the decisions thereon.
(i) Decisions and records of the zoning board of review. Following a public hearing, the board shall render a decision within 20 days. Every decision shall be based on findings of fact. The zoning board of review may not make any decisions that are inconsistent with the findings of other officials, unless the board makes their own findings, based on facts present in the record, that the findings of other officials are in clear error or clearly exceed their authority. The board shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his failure to vote. Decisions shall be recorded and filed in the office of the director of community development and posted in the town hall in a location visible to the public for a period of 20 days within 30 working days from the date when the decision was rendered, and shall be a public record. The board shall keep written 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, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the director of community development in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the board shall have the proceedings taken by a competent stenographer.
Any decision by the board, including any special conditions attached thereto, shall be mailed to the applicant, to the planning board and to the associate director of the division of planning of the state department of administration. Any decision evidencing the granting of a variance, modification or special use shall also be recorded and indexed according to the affected lots in the land evidence records of the town by the zoning enforcement officer. In no case shall a building permit be issued prior to recording.
(Ord. No. 2023-23, 12-6-23)
Cross reference— Boards, commissions and committees, § 2-91 et seq.