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Lincoln
Town of Lincoln Zoning Ordinance
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§ 260-79

Zoning Board of Review

[Amended 2-24-2025 by Ord. No. 2025-4]

  • A. Establishment.
    • (1) The Zoning Board of Review shall consist of five members, each to serve terms of five years. The Zoning Board of Review shall also include two alternates to be designated as the "first" and "second" alternate members, their terms to be one year. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the Board is unable to serve at a hearing and the second alternate shall vote if two members of the Board or the first alternate member 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 that matter. Refer to § C15-5 (Zoning Board of Review) of the Town Charter and § 260-78.
    • (2) All members shall be appointed by the Town Council. The membership term shall begin on August 1. If a vacancy occurs, the Town Council shall appoint a new member for the length of the unexpired term.
    • (3) The current members of the Zoning Board of Review may serve the rest of their term. However, in reappointing members, their terms shall be limited so that one appointment expires each year. This may result in an appointment for less than five years during the first five years after the effective date of this chapter.
    • (4) All members of the Zoning Board of Review shall be residents of Lincoln and no member shall be an elected official or an employee of the Town.
    • (5) On the first meeting in August, the Zoning Board of Review shall organize by electing from its membership a Chairman, Vice Chairman and Secretary.
    • (6) The Chairperson, or in his absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.
  • B. Procedures.
    • (1) Meetings shall be held at the call of the Chairman and at such other times as the Zoning Board of Review may determine.
    • (2) All hearings of the Zoning Board of Review shall be open to the public.
    • (3) The Secretary shall be responsible for keeping the minutes of the proceedings and actions, precisely showing the vote of each member upon each question. The minutes shall be filed immediately in the office of Zoning Board of Review and the Town Clerk's office, and shall be a public record.
  • C. Powers and duties.
    • (1) The Zoning Board of Review shall have the following powers and duties:
      • (a) 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 in the enforcement or interpretation of this chapter.
      • (b) To authorize, upon application, in specific cases of hardship, variances in the application of the terms of this Zoning Chapter.
      • (c) To authorize, upon application, in specific cases, special use permits.
      • (d) To refer matters to the Planning Board, or to other boards or agencies of the Town as the Zoning Board of Review may deem appropriate, for findings and recommendations.
      • (e) 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 shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period.
      • (f) To sit as the Board of Appeal, hearing appeals of decisions of the Administrative Officer on matters of enforcement of any provisions of this chapter under § 260-80.
      • (g) To hear and decide 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.
    • (2) The Zoning Board of Review is required to vote as follows:
      • (a) Five active members 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. Only five active members shall be entitled to vote on any issue;
      • (b) The concurring vote of three of the five members of the Zoning Board of Review sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of any zoning administrative officer from whom an appeal was taken; and
      • (c) The concurring vote of a majority of the members of the Zoning Board of Review 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.