§ 13.2

Zoning Board of Review

The zoning board of review is hereby created and shall undertake all duties assigned herein.

13.2-1 Membership. The zoning board of review shall consist of five (5) members appointed by the city 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 zoning board of review shall also include two (2) alternates, appointed by the mayor, to be designated as first (1st) and second (2nd) alternate members, each to hold office for the term of five (5) years. These alternate members shall sit and may actively participate in hearings.

Procedures for filling vacancies in unexpired terms of zoning board members, and for the removal of members for due cause, shall be as provided in city charter. The members of the zoning board of review as constituted at the effective date of this ordinance shall continue to serve for their remaining unexpired terms of office.

13.2-2 Organization. In the month of May of each year the zoning board of review shall organize by electing from its membership a chairman and a vice-chairman. The board may appoint a secretary and such other clerks as may be required to perform the duties required under this ordinance.

13.2-3 Meetings. Meetings of the zoning board of review shall be held at the call of the chairman or as may be fixed by the board. The chairman, or in his absence the vice-chairman, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas. All hearings and meetings of the zoning board of review shall be open to the public. All decisions shall be made and voted upon at a public hearing.

13.2-4 Rules of Procedure. The zoning board of review shall establish written rules of procedure within six (6) months of the enactment of this ordinance.

13.2-5 Office and Mailing Address. The zoning board of review shall establish an office where records and decisions shall be filed and a mailing address to which appeals and correspondence to the zoning board of review shall be sent.

13.2-6 Powers and Duties of the Board. 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 an error in any order, requirement, decision, or determination made by the zoning officer or authorized agency in the enforcement or interpretation of this ordinance.

(2) To hear and decide appeals from a party aggrieved by a decision of an historic district commission, pursuant to sections 45-24.1-7.1 and 45-24.1-7.2 of the General Laws of the State of Rhode Island.

(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, in specific cases, special use permits.

(5) To refer matters to the planning board, or to other boards or agencies of the city 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 (1) or more local, state or federal agency approvals which are necessary, are pending. A conditional approval shall be revoked in the instance where any necessary local, 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 and other statutes, and upon which the zoning board of review may be authorized to pass under this ordinance and other statutes.

13.2-7 Voting Requirements. The zoning board of review shall be required to vote as follows:

(1) Five (5) active members, which may include alternates, of the zoning board of review shall be necessary to conduct a hearing. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning such matter. A maximum of five (5) active members, which may include alternates, shall be entitled to vote on any issue.

(Ch. 8558, Sec. 9, 3-3-2025)

(2) The first alternate shall vote as an active member if a member of the board is unable to serve at a hearing. The second alternate shall also vote as an active member if two (2) 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.

(3) The concurring vote of a majority 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 or authorized agency from whom an appeal is taken.

(Ch. 8558, Sec. 9, 3-3-2025)

(4) The concurring vote of four (4) of the five (5) members of the zoning board of review 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.

13.2-8 Conflict of Interest. No member of the zoning board of review shall pass on any matter in which he has a business, professional or personal interest. As soon as a conflict occurs for a member, that member shall recuse himself, shall not sit as an active member, and shall take no part in the conduct of the hearing.

13.2-9 Decisions and Records of Proceedings. Following a public hearing, the zoning board of review shall render a decision within a reasonable period of time. The zoning board of review shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the zoning board of review within thirty (30) days from the date when the decision was rendered, and shall be a public record. 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 examination, 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 court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device. Any decision by the zoning board of review, including any special conditions attached thereto, shall be mailed to the applicant. Any decision evidencing the granting of a variance, modification or special use permit shall also be recorded in the land evidence records in the office of the city clerk.

(Ch. 8558, Sec. 10, 3-3-2025)

13.2-10 Engagement of Assistance. The zoning board of review may engage legal, technical or clerical assistance, as necessary, to aid in the discharge of its duties.

13.2-11. Continuing Education. All members, including alternate members, shall be required to participate in continuing education courses promulagated pursuant to RIGL Chapter 45-70.

(Ch. 8558, Sec. 10, 3-3-2025)