§ 45-24-57 - Administration – Powers and duties of zoning board of review.
SECTION 45-24-57
§ 45-24-57 Administration – Powersand duties of zoning board of review. – A zoning ordinance adopted pursuant to this chapter shall provide that thezoning board of review shall:
(1) Have the following powers and duties:
(i) To hear and decide appeals in a timely fashion where itis alleged there is an error in any order, requirement, decision, ordetermination made by an administrative officer or agency in the enforcement orinterpretation of this chapter, or of any ordinance adopted pursuant hereto;
(ii) To hear and decide appeals from a party aggrieved by adecision of an historic district commission, pursuant to §§45-24.1-7.1 and 45-24.1-7.2;
(iii) To hear and decide appeals where the zoning board ofreview is appointed as the board of appeals for airport zoning regulations,pursuant to § 1-3-19;
(iv) To authorize, upon application, in specific cases ofhardship, variances in the application of the terms of the zoning ordinance,pursuant to § 45-24-41;
(v) To authorize, upon application, in specific cases,special-use permits, pursuant to § 45-24-42, where the zoning board ofreview is designated as a permit authority for special-use permits;
(vi) To refer matters to the planning board or commission, orto other boards or agencies of the city or town as the zoning board of reviewmay deem appropriate, for findings and recommendations;
(vii) To provide for the issuance of conditional zoningapprovals where a proposed application would otherwise be approved except thatone or more state or federal agency approvals which are necessary are pending.A conditional zoning approval shall be revoked in the instance where anynecessary state or federal agency approvals are not received within a specifiedtime period; and
(viii) To hear and decide other matters, according to theterms of the ordinance or other statutes, and upon which the board may beauthorized to pass under the ordinance or other statutes; and
(2) Be required to vote as follows:
(i) Five (5) active members are necessary to conduct ahearing. As soon as a conflict occurs for a member, that member shall recusehimself or herself, shall not sit as an active member, and shall take no partin the conduct of the hearing. Only five (5) active members are entitled tovote on any issue;
(ii) The concurring vote of three (3) of the five (5) membersof the zoning board of review sitting at a hearing are necessary to reverse anyorder, requirement, decision, or determination of any zoning administrativeofficer from whom an appeal was taken; and
(iii) The concurring vote of four (4) of the five (5) membersof the zoning board of review sitting at a hearing are required to decide infavor of an applicant on any matter within the discretion of the board uponwhich it is required to pass under the ordinance, including variances andspecial-use permits.