Procedure of the Board.

§ 255-420. Procedure of the Board.

• A. Meetings of the Board shall be held at the call of the chairperson, by vote of the membership, or by written request signed by three members of the Board and filed with the Town Clerk. The Chairperson or in his absence, the Vice-Chairperson, may administer oaths and compel the attendance of witnesses.

• B. When transacting business, conducting a public hearing, or arriving at a decision, the Board shall at all times consist of at least five participating members. As soon as a conflict of interest, as defined by R.I. Gen. Laws § 36-14-1 et seq. as well as the rules and regulations of the Rhode Island Ethics Commission, occurs for a member, that member shall recuse themself, shall not sit on the dais or in the meeting room, and otherwise take no part in the conduct of the hearing.

• C. Only five (5) active members shall be entitled to vote on any issue. The concurring vote of a majority of the members of the Board sitting at the hearing shall be necessary to reverse or modify any order, requirement, decision or determination of the ZEO from whom an appeal was taken and the concurring vote of a majority of the members of the Board sitting at a hearing shall be required to decide in favor of the applicant on the matter of a variance, special use permit, or any other matter upon which the Board is authorized to pass.

• D. When the Board denies a request for variance or special use permit, an application requesting an identical action may not be considered for a period of one year from the date of such denial unless the Board in its discretion votes affirmatively to reconsider the request.