§ 260-24

Zoning Board of Review

A. Constitution of Zoning Board of Review. The Zoning Board of Review shall be constituted in accordance with the following:
- (1) Establishment. There is hereby created a Zoning Board of Review.
- (2) Membership and terms.
  [Amended 3-10-2014 by Ch. No. 1813; 10-20-2014 by Ch. No. 1831]
  - (a) The Zoning Board of Review shall be appointed by the Town Council and shall consist of five members, each to hold office for the term of five years; provided, however, that the original appointments shall be made for terms of one, two, three, four, and five years, respectively. The Zoning Board of Review shall also include two alternates, to be designated as the first and second alternate members, their terms to be for five years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if one member of the Board is unable to serve at a hearing and the second shall vote if two members of the Board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the Board unless he or she has attended all hearings concerning that matter. Members of the Zoning Board of Review, at the time of their appointment and for the duration of their term, shall be residents and qualified to vote in the Town of Westerly.
  - (b) No member of the Zoning Board of Review shall serve more than two consecutive terms, to be followed by a one-year hiatus, after which the member may be appointed to this Board or another appointed Board.
- (3) Removal. The Town Council is hereby empowered to remove persons from the Zoning Board of Review if, by virtue of their absence at meetings of the Board or otherwise, they have failed to reasonably fulfill their duties, such action by the Council to be taken only upon written notice by the Council to the persons involved and the right to appear and speak at the Council's deliberations. The Council shall also fill vacancies for the remainder of any unexpired terms which may occur on the Zoning Board of Review.
- (4) Original terms. Members of the Zoning Board of Review serving on the effective date of adoption of this Zoning Ordinance shall be exempt from provisions of this chapter respecting terms of originally appointed members until the expiration of their current terms.
- (5) Chairperson. The Zoning Board of Review shall annually elect by majority vote a Chairperson, who shall preside over meetings of the Board. At hearings of the Board, the Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.
- (6) Meetings/hearings. Meetings of the Board shall be held at the call of the Chairperson or at the request of three members of the Board, and at such other times as the Board may determine. All hearings of the Board shall be open to the public.
B. Powers and duties. The Zoning Board of Review, in regard to the administration of this chapter, shall have the following powers and duties:
- (1) To hear and decide appeals within 65 days of the date of the filing of the appeal where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Official, the Town Planner or Planning Board.
  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- (2) To hear and decide appeals from a decision of the Planning Board pursuant to Article IX of Chapter A261, Land Development and Subdivision Regulations, adopted November 30, 1995, as amended.
- (3) To hear and decide requests for variance.
- (4) To hear and decide applications for special use permit.
- (5) To provide for issuance of conditional approval of any special permit or variance application under this chapter which would otherwise be approved except that one or more state or federal agency approvals are required and are pending. A conditional zoning approval shall expire within one year of issuance if the necessary state and federal approvals have not been issued; provided, however, that the Board may extend a conditional zoning approval for successive periods of one year if the applicant demonstrates that he is actively pursuing the necessary approvals and that a final decision has not been rendered.
- (6) To refer matters to the Planning Board or to other municipal or state boards or agencies as the Zoning Board of Review may deem appropriate, for review, findings and recommendations.
- (7) To hear and decide such other matters as authorized by and in accordance with the terms of this chapter or state statutes.
C. Voting. 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 of interest occurs for a member, that member shall recuse himself or herself. A recused member shall take no part in the hearing as a Board member, but may participate in the hearing as a citizen. Only five active members shall be entitled to vote on any issue; all active members not recused shall vote on any matter before the Board;
- (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 official or agency 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 approve any application before the Board.
D. Minutes of proceedings. 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, and 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. For any proceeding in which the right of appeal lies to the Superior or Supreme Court of the state, the Zoning Board of Review shall have the proceeding recorded either by a competent stenographer or by a sound-recording device.