A Zoning Board of Review, hereinafter referred to as the Board, is hereby created. The Board shall consist of five members appointed by the Town Council. The membership of the Board at the time of enactment of this chapter shall be continued for the remainder of their respective terms, at which time successors shall be appointed. Each member of the Board shall be appointed for a 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 three alternates to be designated as the first, second and third alternate members, appointed by the Town Council for a term not to exceed five years.

All members shall serve until their successors are duly appointed and qualified. Members shall be legal residents of the Town of Barrington, and no member shall be an official of the Town elected in a general election or a salaried employee of the Town of Barrington. If any vacancy occurs in the membership of the Board, the Town Council shall fill such vacancy for the remainder of the unexpired term. The Town Council may also remove any member for cause shown.

Meetings of the Board shall be held at the call of the Chair, or at such time as the Board may vote. The Chair may administer oaths and compel the attendance of witnesses and the submission of data pertinent to the subject of the meeting.

The Board shall, at all times, consist of four or five active members when conducting hearings and arriving at a decision. The alternate members may sit and actively participate in hearings. The first alternate shall vote in the absence or disqualification of one regular member, and the second shall vote in the absence or disqualification of two regular members. 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 they have attended all hearings concerning that matter.

To hear and decide appeals where it is alleged that there is error in any order, requirement or determination of the Building Official/Zoning Enforcement Officer in the enforcement of this chapter, with the exception of modifications denials, which shall be reviewed as dimensional variance requests. In exercising this power, the Board may affirm, reverse or modify the order, requirement or determination appealed from, and may make such order, requirement or determination as ought to be made, and to that end shall have all of the powers of the Building Official/Zoning Enforcement Officer from whom the appeal was taken.

To hear and decide applications for variances under the provisions of Article XIII of this chapter, to provide relief from the following:

To hear and decide applications for special use permits, under the provisions of Article XIV of this chapter, upon which the Board is authorized to pass in Article IV and other articles of this chapter.

To refer matters to the Planning Board, or to other boards and commissions of the Town, as the Zoning Board of Review may deem appropriate, for findings and recommendations.

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.

To hear and decide other matters, according to the terms of this chapter or other statutes, and upon which the Board may be authorized to pass under the ordinance or other statutes.

All members, including alternate members, of the Zoning Board of Review shall be required to participate in continuing education courses promulgated pursuant to R.I.G.L. Title 45, Chapter 70 , as amended, entitled "Continuing education for Local Planning and Zoning Boards and Historic District Commissions."

Appeals to the Board may be taken by any person aggrieved or by any officer, department, board, corporation or other entity affected by any decision of the Building Official/Zoning Enforcement Officer concerning the provisions of this chapter, with the exception of modifications denials, which shall be reviewed as dimensional variance requests. Such appeal shall be taken within a reasonable period of time after such decision by filing with the Building Official/Zoning Enforcement Officer and with the Zoning Board of Review a notice of appeal specifying the grounds for the appeal. Upon notification of an appeal, the Zoning Board Clerk shall immediately transmit all records of the decision which has been appealed to the Board, who shall hold a public hearing under the provisions of § 185-62.

Any appeal must be made on forms provided for that purpose and must be accompanied by a filing fee of such amount as may be set by the Town Council from time to time,[1] payable to the Town of Barrington and returnable only in the event that the appeal is withdrawn prior to the publication of official notice of the public hearing.

The Board shall hear and decide appeals within 65 days of the date of a completed application for an appeal.

Cost of the appeal shall be borne by the aggrieved party.

An application for a variance or special use permit shall be filed on forms provided for that purpose in the office of the Building Official/Zoning Enforcement Officer. Upon receipt of an application, the Zoning Board Clerk shall immediately transmit such application to the Zoning Board of Review, who shall hold a public hearing under the provisions of § 85-62.

Where an application for a variance or special use permit also requires review by the Planning Board under the provisions of Article XXIV of this chapter, relating to design and site plan review or the Land Development and Subdivision Regulations, Chapter 200, the application shall be submitted as part of the application materials to the Planning Board under unified development review process as defined in § 185-5.

An application for a variance or special use permit shall be accompanied by a filing fee as set by the Town Council from time to time, payable to the Town of Barrington and returnable only in the event that the application is withdrawn prior to publication of notice of public hearing.

Upon receipt of an appeal or an application for a variance or special use permit, the Board shall schedule a public hearing thereon within a reasonable time. Notice of such hearing shall be published in a newspaper of local circulation in the Town of Barrington at least 14 days in advance of the date of the public hearing. The same notice shall be posted in the Town Clerk's office and one other municipal building in the Town, and the Town must make the notice accessible on the website homepage at least 14 days prior to the hearing. Notice of such hearing shall also be mailed to the applicant and to owners of land within 200 feet of the property involved, including the owner, applicant, and property owners in any adjacent community by first-class mail. The cost of the newspaper and mailing notification shall be borne by the applicant.

In addition, notice shall be forwarded to the Town or City Council of any adjacent community where there is a public, quasi-public or private water source lying within 2,000 feet of any area affected by the proposed action, and to any other party or agency deemed by the Board to be affected by action on the application. Any party may appear and be heard at the public hearing in person, or by agent or attorney.

For any proceedings in which the right of appeal lies to the Superior Court in the State of Rhode Island, the Board shall have the minutes taken by either a competent stenographer or recorded by a sound-recording device.

Physical amenities such as screening, setbacks, buffer zones and others, to prevent nuisance to and promote harmony with the use of nearby property.

Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities.

Designating the exact location and nature of development.

Controlling the sequence of development, including when it must be commenced and completed.

Controlling the duration of use or development; this includes but is not limited to the time within which any temporary structure must be removed.

Assuring satisfactory installation and maintenance of required public improvements.

Establishing detailed records by submission of drawings, maps, plats or specifications.

The Board shall render a decision on any matter before it within 15 days after the public hearing is closed. The concurring vote of three members of the Board shall be required to decide in favor of an applicant. The decision shall be posted in the Barrington Town Hall for a period of 20 days following the recording of the decision.

The Board shall make a record of its proceedings, findings and actions, showing the vote of each member participating thereon and the absence of a member or their failure to vote. This record shall be completed and be filed in the office of the Town Clerk within 30 working days from the date when the decision was rendered and shall be available for review by the public. In addition, notice of the decision shall be transmitted to the applicant, the Building Official, the Planning Board and the Town Council.

Any decision evidencing the granting of a variance or special use permit shall also be recorded in the land evidence records of the Town of Barrington.