Power and duties of the zoning board of review

• 25.1 The zoning board of review shall have the following powers and duties:

  • 25.1.1 To hear and decide appeals within 65 days of the date of filing of the appeal 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 ordinance, or of any amendment adopted pursuant hereto;

  • 25.1.2 To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to section 45-24-41 of the act;

  • 25.1.3 To authorize, upon application, in specific cases, special use permits, pursuant to section 45-24-42(A) of the act, where the zoning board of review is designated as a permit authority for special use permits;

  • 25.1.4 To refer matters to the planning board, or to other boards or agencies of the city or town as the zoning board of review may deem appropriate, for findings and recommendations;

  • 25.1.5 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 a specified time period; and

  • 25.1.6 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.

• 25.2 The zoning board of review shall be required to vote as follows:

  • 25.2.1 Four 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 recuse himself or herself, shall not sit as an active member, and take no part in the conduct of the hearing. A maximum five active members, which may include alternates, shall be entitled to vote on any issue.

  • 25.2.2 The concurring vote of a majority of members of the zoning board of review sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of the building inspector from whom an appeal was taken; and

  • 25.2.3 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 board upon which it is required to pass under the ordinance, including variances and special use permits.

• 25.3 All members, including alternate members, of any zoning board shall be required to participate in continuing education courses promulgated pursuant to G.L. 1956, tit. 45. ch. 70 entitled "Continuing Education for Local Planning and Zoning Boards and Historic District Commissions", as provided for in Chapter 21, Planning Board and Zoning Board Education of the Code.

(Ord. No. 2024-5, 6-18-2024)