§ 340-120
Powers and duties of Zoning Board of Review
The Johnston Zoning Board of Review shall:
- A. 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 the Zoning Enforcement Officer or other administrative officer or agency in the enforcement or interpretation of this chapter, or of any ordinance adopted pursuant hereto;
- (2) To hear and decide appeals from a party aggrieved by a decision of a historic district commission, pursuant to R.I.G.L. §§ 45-24.1-7.1 and 45-24.1-7.2;
- (3) To hear and decide appeals where the Zoning Board is appointed as the board of appeals for airport zoning regulations pursuant to R.I.G.L. § 1-3-19;
- (4) To authorize, upon application, in specific cases of hardship, variances in the application of the terms of this chapter, pursuant to R.I.G.L. § 45-24-41 and § 340-74 of this chapter;
- (5) To authorize, upon application, in specific cases, special use permits, pursuant to R.I.G.L. § 45-24-42 and § 340-75 of this chapter;
- (6) To refer matters to the Planning Board, or to other boards or agencies of the Town of Johnston as the Zoning Board may deem appropriate, for findings and recommendations;
- (7) To 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;
- (8) To hear and decide other matters, according to the terms of this chapter or other statutes, and upon which the Zoning Board may be authorized to pass under the chapter or other statutes.
- B. Be required to vote as follows:
- (1) Five active members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself or herself, shall not sit as an active member, and take no part in the conduct of the hearing. Only five active members shall be entitled to vote on any issue.
- (2) The concurring vote of three of the five members of the Zoning Board sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Enforcement Officer from whom an appeal was taken.
- (3) The concurring vote of four of the five 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 Zoning Board upon which it is required to pass under this chapter, including variances and special use permits.