Zoning board of review—Powers and duties

• A. The zoning board of review shall 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 officer or the planning board in the enforcement or interpretation of this zoning code, or of any zoning code adopted pursuant hereto;

  • 2. To hear and decide appeals from a party aggrieved by a decision of the historic district commission;

  • 3. To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning code;

  • 4. To authorize, upon application, in specific cases, special use permits;

  • 5. To refer matters to the planning board or to other boards and commissions of the city of Newport as the zoning board of review may deem appropriate, for findings and recommendations;

  • 6. 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 one year of the conditional zoning approval;

  • 7. To hear and decide other matters, according to the terms of this zoning code and upon which the zoning board of review may be authorized to pass under this zoning code.

• B. The zoning board of review shall be required to vote as follows for petitions filed prior to January 1, 2023:

  • 1. Five 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 member, and take no part in the conduct of the hearing. Only five members shall be entitled to vote on any issue;

  • 2. 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 the zoning officer from whom an appeal was taken; and

  • 3. 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 zoning code, including variances and special use permits.

• C. The zoning board of review shall be required to vote as follows for petitions filed after January 1, 2023:

  • 1. Four active members, which may include alternates, are 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 a member, and take no part in the conduct of the hearing. A maximum of five active members, which may include alternates, are entitled to vote on any issue;

  • 2. The concurring vote of a majority of members of the zoning board of review sitting at a hearing is necessary to reverse any order, requirement, decision, or determination of the zoning officer from whom an appeal was taken; and

  • 3. The concurring vote of a majority of 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 zoning code, including variances and special use permits.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1266.022)

(Ord. No. 2023-05, § 1, 3-8-2023)