Browse another municipality →
Town of Smithfield
Town of Smithfield Zoning Ordinance
Read in full Download
§ 10.7

Zoning Board of Review

10.7 ZONING BOARD OF REVIEW

A. Establishment and Procedures

A Zoning Board of Review, herein called the Board, is hereby created. Board members may be remunerated in the performance of official duties, at an amount to be established by the Town Council. The Board, with the approval of the Town Council may engage technical assistance to aid in the discharge of its duties. The Town Solicitor or Assistant Town Solicitor shall serve as legal counsel to the Board. The Board shall establish written rules of procedure within six (6) months of the adoption of this Ordinance. Appeals and correspondence to the Board shall be sent to the Board in care of the Official. The Official shall file all records and decisions of the Board.

B. Membership

The Zoning Board shall consist of five (5) members, appointed by the Town Council, each to hold office for the term of five (5) years; provided, however, that the original appointments shall be made for terms of one (1), two (2), three (3), four (4), and five (5) years respectively. The Board shall also include two (2) alternates, to be appointed by each year by the Town Council, to be designated as the first (1st) and second (2nd) alternate members, for terms of one (1) year. These 172 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance alternate members shall sit and may actively participate in hearings. The first (1st) alternate shall vote if a member of the Board is unable to serve at a hearing and the second (2nd) shall vote if two (2) members of the Board are unable to serve at a hearing. In the absence of the first (1st) alternate member, the second (2nd) alternate member shall serve in the position of the first (1st) alternate. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning such matter. No member or alternate may participate in any way whatsoever on any matter for which they would have a conflict of interest as defined by the Rhode Island law and the Rhode Island Ethics Commission.

C. Qualifications of Members

All members of the Board shall be residents of the Town and no member shall be an elected official or salaried or otherwise paid employee of the Town. Appointees shall be reasonably expected to serve the full term.

D. Vacancies

If a vacancy occurs on the Board, for whatever reason at any time, the Town Council shall appoint a new member for the unexpired term. The following shall constitute termination of membership.

  1. Voluntary resignation
  2. Non-reappointment
  3. Failure to maintain qualifications of membership
  4. Removal

E. Removal

Members of the Board may be removed from office for cause by a majority vote of the Town Council upon written charges and after a public hearing.

F. Prior Members

Members of the Board serving on the effective date of adoption of this Ordinance shall be exempt from provisions of this Article respecting terms of originally appointed members until the expiration of their current terms.

G. Organization

Once a year, during the month of June, the Board shall organize by electing from its membership a Chair (hereinafter Chair) and Vice-Chairperson (hereinafter Vice-Chair). The Board may engage the services of a clerk and a stenographer within the limits of the funds available to it or may appoint one of its members as Secretary.

H. Procedures of the Board

  1. The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance. Meetings shall be held at the call of the Chair and at such times as the Board may determine.
  2. The Board shall prepare a schedule of its regular meetings, on a calendar year basis, and have such schedule published in January of each year in a 173 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance newspaper of general circulation in the Town. Special meetings of the Board may be called and public notice given when necessary at the discretion of the Chair. In addition, the Board shall post a copy of the Agenda for any scheduled regular or special meeting in the Town Hall and at any other location(s) deemed proper at least ten (10) days prior to said meeting.
  3. The Chair, or in his or her absence the Vice-Chair or other replacement, may administer oaths and compel the attendance of witnesses.

I. Powers and Duties

The Board 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 an administrative officer or agency in the enforcement of interpretation of this Ordinance.
  2. To hear and decide Appeals from a party aggrieved by a decision of an Historic District Commission, when and if historic district zoning is established in the Town.
  3. To authorize upon Application, in specific cases of hardship, Variances in the application of the terms of this Ordinance.
  4. To authorize upon application, where specified in this Ordinance, Special Use Permits.
  5. To refer matters to the Planning Board, Planning Department, Town Engineer, or to other boards or agencies of the Town as the Board 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 (1) or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked, upon motion of the Board, after a public hearing with due notice, in the instance where any necessary state or federal agency approvals are not received within a specified time period.
  7. To hear and decide such other matters, according to the terms of this Ordinance or other statutes, and upon which the Board may be authorized to pass under this Ordinance or other statutes.

J. Voting

The Board shall be required to vote as follows:

  1. Four (4) active members, which may include alternates, shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself/herself, and shall not sit as an active member and shall take no part in the conduct of the hearing. Only five (5) active members shall be entitled to vote on any issue.
  2. The concurring vote of a majority of members of the Board sitting at a hearing shall be necessary to reverse any order, requirement, decision or 174 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance determination of the Planning Board or any zoning administrative officer from whom an Appeal was taken.
  3. The concurring vote of a majority of members of the Board 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 Ordinance, including Variances and Special Use Permits.

K. Application Procedure