Powers and duties of zoning board of review

The zoning board of review shall:

• • A. Have the following powers and duties [to]:

    • 1) 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 in the enforcement or interpretation of the act, or this chapter hereto;

    • 2) Hear and decide appeals from a party aggrieved by a decision of an [a] historic district commission, pursuant to G.L. 1956, §§ 45-24.1-7.1 and 45-24.1-7.2;

    • 3) Authorize, upon application, in specific cases of hardship, variances in the application of the terms of this chapter, pursuant to G.L. 1956, § 45-24-41;

    • 4) Authorize, upon application, in specific cases, special use permits, pursuant to G.L. 1956, § 45-24-42(A), where the zoning board is designated as a permit authority for special use permits;

    • 5) Refer matters to the planning commission, or to other boards or agencies of the town as the zoning board may deem appropriate, for findings and recommendations;

    • 6) Provide for issuance of conditional zoning approvals 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 in the instance where any necessary state or federal agency approvals are not received within a specified time period; and

    • 7) Hear and decide other matters, according to the terms of the ordinance from which this chapter is derived or other statutes, and upon which the zoning board may be authorized to pass under the ordinance from which this chapter is derived or other statutes; and

  • B. 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 recuse himself or herself, shall not sit as an active member, and 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 zoning board sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of any zoning enforcement officer from whom an appeal was taken; and

    • 3) The concurring vote of a majority of members of the zoning 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 the ordinance from which this chapter is derived, including variances and special-use permits.

(Ord. of 2-3-2025(1), § 1(Exh. A))