§ 45-24-57. Administration — Powers and duties of zoning board of review.
A zoning ordinance adopted pursuant to this chapter shall provide that the zoning
board of review shall:
(1) Have the following powers and duties:
(i) To hear and decide appeals within sixty-five (65) days of the date of the filing of
the appeal where it is alleged there is an error in any order, requirement, decision,
or determination made by an administrative officer or agency in the enforcement or
interpretation of this chapter, or of any ordinance adopted pursuant hereto;
(ii) To hear and decide appeals from a party aggrieved by a decision 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 of review is appointed as the board
of appeals for airport zoning regulations, pursuant to § 1-3-19;
(iv) To authorize, upon application, in specific cases of hardship, 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 of review is designated as a permit authority for special-use
permits;
(vi) To refer matters to the planning board or commission, or to other boards or agencies
of the city or town as the zoning board of review may deem appropriate, for findings
and recommendations;
(vii) To provide for the issuance of conditional zoning approvals where a proposed application
would otherwise be approved except that one or more state or federal agency approvals
that 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
(viii) 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; and
(2) Be required to vote as follows:
(i) Four (4) active members, which may include alternates, are 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 shall take no part in the conduct
of the hearing. A maximum of five (5) active members, which may include alternates,
are entitled to vote on any issue;
(ii) The concurring vote of a majority of members of the zoning board of review sitting
at a hearing is necessary to reverse any order, requirement, decision, or determination
of any zoning administrative officer from whom an appeal was taken; and
(iii) The concurring vote of a majority of members of the zoning board of review sitting
at a hearing is 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.
(3) All members, including alternate members, of any zoning board shall be required to
participate in continuing education courses promulgated pursuant to chapter 70 of
this title entitled "Continuing education for local planning and zoning boards and
historic district commissions.�