Zoning Board of Review

§ 603 Zoning Board of Review

[Amended November 1, 2004; added November 1, 2004; 3-5-2018 by Ord. No. 2018-05; 5-3-2022 by Ord. No. 2022-04]

A. General.

1. The Board acts as a legally constituted quasi-judicial decision-making body and shall take no action except in accordance with state law.

2. The Zoning Board of Review shall be appointed by the Town Council and shall consist of five regular members and two auxiliary members.

3. If a vacancy occurs on the Board, for whatever reason at any time, the Town Council shall appoint a new member for the remainder of the unexpired term.

4. The Town Council may remove any regular or auxiliary member for cause, including excessive absenteeism, after written notice to the member and a hearing. The notice shall be sent by regular and certified mail to the members' last known mailing address.

B. Powers and Duties. The Zoning Board of Review shall:

1. Have the following powers and duties:

a. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative officer of the Town in the enforcement or interpretation of this Ordinance, or of any Ordinance adopted pursuant hereto; [Amended 3-5-2018 by Ord. No. 2018-05]

b. To hear and decide appeals from a party aggrieved by a decision of the Historic District Commission;

c. To hear and decide appeals from a party aggrieved by a decision of the Minimum Housing Inspector, and serving as the Housing Board of Review;

d. To hear and decide appeals for Airport Zoning Regulations;

e. To authorize, upon application, in specific cases of hardship, variances in the application of the terms of this Ordinance, pursuant to § 706. Variance;

f. To authorize, upon application, in specific cases, Special Use Permits, pursuant to § 704, Development Plan Review;

g. To refer matters to the Planning Board, or to other boards or agencies of the Town, as the Zoning Board may deem appropriate, for findings and recommendations;

h. 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 approval shall specify the time period in which all state or federal agency approvals must be received. 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;

i. To act as the Local Review Board on comprehensive permits for the Town; and

j. To hear and decide other matters, according to the terms of the Ordinance or other statutes, and upon which the Board may be authorized to pass under the Ordinance or other statutes; and

2. Be 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;

c. The concurring vote of four of the five 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 Zoning Board of Review, upon which it is required to pass under the Ordinance, including Variances and Special Use Permits; and

d. No member or auxiliary member may vote on any matter before the Zoning Board of Review unless he or she has attended all hearings concerning that matter.

C. Decisions and Records.

1. The Zoning Board of Review 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 or her failure to vote.

2. A written copy of the decision shall be filed in the office of the Zoning Board of Review within thirty (30) days of the date the decision was rendered, and shall be a public record. A decision granting a Variance or a Special Use Permit shall be recorded in the Land Evidence Records. [Amended 3-5-2018 by Ord. No. 2018-05]

3. The Zoning Board of Review 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.

4. The Zoning Board of Review 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 Zoning Board of Review in an expeditious manner upon completion of the proceeding.

5. For any proceeding in which the right of appeal lies to the Superior or Supreme Court, the Zoning Board of Review shall either have the minutes taken by a competent court stenographer or record the meeting with a sound-recording device.

6. Within one business day of the day a written Zoning Board of Review decision is filed, a copy shall be mailed by any method that provides confirmation of receipt to the applicant and to any objector who has filed a written request for notification with the Zoning Officer. A copy shall also be delivered to the zoning enforcement officer. If the decision was recorded in the Land Evidence Records, a copy of the recorded decision shall be mailed. [Amended 3-5-2018 by Ord. No. 2018-05; 5-3-2022 by Ord. No. 2022-04]