Zoning board of review
(a) Established, membership and procedures. A zoning board of review is established, which consists of five members and two alternates to be appointed by the town council. The board shall elect a chair from among its members.
(1) Alternates. The town council shall appoint two alternate members to the zoning board of review, who shall be designated alternate no. 1 and alternate no. 2. These alternate members shall sit and may actively participate in hearings. In the absence of any member of the board, alternate no. 1 shall act as a full member of the board. If a second member is absent, alternate no. 2 shall act as a full member of the board. In the absence of alternate no. 1, the second alternate member shall serve in the position of alternate no. 1. If any matter before the zoning board of review is likely to be continued for more than one hearing, the chair may request that alternate no. 1 and/or alternate no. 2 participate at such hearings, and the alternate shall be authorized to vote on the matter when and if an active member becomes unable to serve at such hearings. No member or alternate may vote on any matter before the board unless the member has attended all hearings concerning that matter.
(2) Term of office. Zoning board of review members shall be appointed for a term of three years. Any vacancy shall be filled by the town council for the unexpired term.
(3) Assistance. The zoning board of review may engage legal, technical or clerical assistance to aid in the discharge of its duties with the approval of the town council.
(4) Rules of procedure. The zoning board of review shall prepare and adopt rules of procedure.
(5) Records. All zoning board of review records shall be filed in the office of planning and development. All minutes and decisions shall be filed in the office of the town clerk.
(6) Correspondence. All correspondence and appeals shall be sent to the zoning board of review, at the current town hall address.
(7) Administration of oaths and witnesses. The chair or, in the absence of the chair, the acting chair may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.
(8) Reimbursement and compensation. Reimbursement to and compensation for expenses to the zoning board of review shall be provided.
(b) Powers and duties. The zoning board of review shall have the power and duty to:
(1) Hear and decide appeals in a timely manner 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.
(2) Hear and decide appeals from a party aggrieved by a decision of the historic district commission, pursuant to section 21-338.
(3) Hear and decide appeals where the zoning board of review is appointed as the board of appeals for airport zoning regulation pursuant to RIGL 1956, § 1-3-19.
(4) Authorize, upon application, in specific cases of hardship, variances in the application of the terms of this chapter pursuant to section 21-14.
(5) Authorize, upon application, in specific cases, special use permits, pursuant to section 21-15, where the zoning board of review is designated as a permit authority for special use permits.
(6) Refer matters to the planning commission, or other boards or agencies in the town, as the zoning board of review may deem appropriate, for findings and recommendations.
(7) Provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except when one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked when any necessary state or federal agency approvals are not received within a specified period of time.
(8) Hear and decide such 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.
(c) Voting procedures. The zoning board of review shall 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 be recused, shall not sit as an active member, and shall take no part in the conduct of the hearing. Only five active members shall be entitled to vote on any one 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 any zoning administration officer or agency from whom an appeal was taken.
(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 board upon which it is required to pass under this chapter, including variances, special permits and special use permits.
(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 06-05, § 1, 4-10-2006)
Charter reference— Zoning board of review, §§ 808—810.
Cross reference— Boards, commissions and committees, § 2-216 et seq.