There is hereby created a Zoning Board of Review, hereafter called the "Board." The Board 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 Board shall also include two alternates to be designated as the first and second alternate members, each for one-year terms. Alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a 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 they have attended all hearings concerning that matter.

Members and alternates of the Board shall be legal residents of the Town of Coventry.

The Board shall, in May of each year, elect a Chairman, Vice-Chairman and a Secretary from its membership and may adopt rules to be used in the conduct of its business.

The Board as constituted at the time of the adoption of this chapter shall be continued, and all members shall hold office for the remainder of their respective terms.

Members of the Board serving on the effective date of adoption of this chapter shall be exempt from provisions of this chapter respecting terms of originally appointed members until the expiration of their current terms.

If a vacancy occurs on the Board, for whatever reason at any time, the Town Council shall appoint a new member for the unexpired term. The following shall constitute termination of membership: voluntary resignation; nonreappointment; or failure to maintain qualifications of membership.

Members of the Board may be removed from office for cause by a majority vote of the Town Council upon written charges and after a public hearing, if requested.

The Board shall have the following powers and duties:

An appeal to the Board from a decision of the Building Inspector or the Zoning Enforcement Officer in the enforcement of this chapter may be taken by any person, officer, department or board of the Town or state aggrieved or affected by such decision or other action. Such appeal shall be taken within 30 days of the recording of the decision or action by the Building Inspector or the Zoning Enforcement Officer by filing a notice of appeal with the Zoning Board of Review Clerk specifying the grounds therefor. The Building Inspector or the Zoning Enforcement Officer shall transmit to the Board all the records upon which the decision or action was based. An appeal shall stay all proceedings in furtherance of the decision or action appealed from, unless the Building Inspector or Zoning Enforcement Officer certifies to the Board that a stay would cause imminent peril to life or property. In such a case, proceedings shall not be stayed other than by a restraining order granted by a court of competent jurisdiction.

In exercising its powers the Board may reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken. All decisions and records of the Board respecting appeals shall conform to the provisions of § 255-420E.

Meetings of the Board shall be held at the call of the chairperson, by vote of the membership, or by written request signed by three members of the Board and filed with the Town Clerk. The Chairperson or in his absence, the Vice-Chairperson, may administer oaths and compel the attendance of witnesses.

When transacting business, conducting a public hearing, or arriving at a decision, the Board shall at all times consist of at least five participating members. As soon as a conflict of interest occurs for a member, that member shall recuse himself or herself, shall not sit as an active member, and take no part in the conduct of the hearing. Only five active members shall be entitled to vote on any issue. The concurring vote of three of the five members of the Board shall be necessary to reverse or modify any order, requirement, decision or determination of the Building Inspector or the Zoning Enforcement Officer and the concurring vote of four of the five members of the Board sitting at a hearing shall be required to decide in favor of the applicant on the matter of a variance, special use permit, or any other matter upon which the Board is authorized to pass.

The Board shall hold a public hearing on all appeals and on applications for special use permits. Such hearing shall not be held later than 45 days after receipt, in proper form, of an appeal or application. Public notice thereof shall be given at least 21 days prior to the date of hearing in a newspaper of general circulation in the Town. In addition, the appellant or applicant shall give written notice by certified mail at least 21 days before such hearing to all property owners of record within the notice radii specified below (excluding road rights-of-way). The requirement for notice by certified mail shall apply even where properties within the notice radii are located in an adjacent municipality. Where the notification radius includes properties in an adjacent municipality, notice by certified mail shall also be sent to the Clerk of the adjacent city or town. A list of the names and addresses of these persons shall be determined from current public records within the appropriate municipality. Proof of such mailing shall be established by the applicant's filing an affidavit of such notice with the Town Clerk. The Board shall render a decision on any matters before it within 45 days after the termination of the public hearing.

The Board 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 Board within 30 working days from the date when the decision was rendered and shall be a public record. The Board 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 Town Clerk in an expeditious manner upon completion of the proceeding. A copy of the Board's decision shall also be recorded in the land evidence records of the Town. For any proceeding in which the right of appeal lies to the superior or supreme court, the Board shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device. All costs for stenographic services shall be paid by the applicant.

Any decision by the Board, including any special conditions attached thereto, shall be mailed to the appellant or applicant, the Town Clerk, the Building Inspector or the Zoning Enforcement Officer, the Town Planner and the Commission, and to the Associate Director of the Division of Planning of the Rhode Island Department of Administration. Any decision evidencing the granting of a variance, modification, or special use shall also be recorded in the land evidence records of the Town.

Where the Board denies a request for variance or special use permit, an application requesting an identical action may not be considered for a period of one year from the date of such denial unless the Board in its discretion votes affirmatively to reconsider the request.

Copies of all applications to the Board shall be forwarded to the Planning Commission for advisory review and recommendation.

The Board shall have the power to grant a special use permit for the uses so designated in Article VI.

In granting any special use permit, the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

The Board shall hold a public hearing an any application for a special use permit in an expeditious manner, after receipt, in proper form, of an application, and shall give notice thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town. Notice of hearing shall be sent by certified mail to the applicant and to at least all those who would require notice under § 255-420C of this chapter. The notice shall also include the street address of the subject property. The posting shall be for informational purposes only and shall not constitute required notice of a public hearing. The cost of notification shall be borne by the applicant.

Approval of an application for a special use permit shall expire one year from the date recorded in the Town Clerk's Office unless the applicant exercises the permission granted or receives a building permit to do so and begins the construction and diligently pursues it until completed. The disregarding of any conditions made part of the special use permit shall be deemed a violation of this chapter and shall negate the granted special use permit. The Board may grant a six-month extension of the special use permit if the applicant can show just cause.

The Board shall have the power to:

An application for relief from the literal requirements of this chapter because of hardship may be made by any person by filing with the Zoning Board of Review Clerk an application in accordance with § 255-470. The Zoning Board of Review Clerk shall immediately transmit each application received to the Board and shall transmit a copy of each application to the Planning Commission.

The Board, immediately upon receipt of an application for a variance in the application of the literal terms of this chapter, may request that the Commission and/or planning staff shall report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan, in writing, to the Board within 30 days of receipt of the application from that Board. The Board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application. Public notice thereof shall be given at least 21 days prior to the date of hearing in a newspaper of general circulation in the Town. In addition, the applicant shall give written notice by certified mail at least 21 days before such hearing to all property owners of record within 200 feet of the perimeter of the subject property (excluding road rights-of-way). The requirement for notice by certified mail shall apply where properties within 200 feet are located in an adjacent municipality. Where the notification radius includes properties in an adjacent municipality, notice by certified mail shall also be sent to the Clerk of the adjacent city or town. A list of the names and addresses of these persons shall be determined from public record. Proof of such mailing shall be established by the applicant's filing an affidavit of such notice with the Town Clerk. The Board shall render a decision on any matters before it within 45 days after the termination of the public hearing. The notice shall also include the street address of the subject property. The cost of notification shall be borne by the applicant.

In granting a variance, the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

The Board shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

The Board shall consider any application for variance in the light of the Comprehensive Plan and shall consider the effect of the variance on the future development of the Town.

In granting or denying an application for any variance, the Board shall set forth specific reasons for its decision in writing.

Approval of the application for a variance shall expire one year from the date recorded in the Town Clerk's Office unless the applicant exercise the permission granted by obtaining a building permit and begins construction and diligently pursues it until completed. The Board may grant a six-month extension of the variance upon a showing of just cause by the applicant.

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

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

Controlling the duration of use or development and the time within which any temporary structure must be removed;

Assuring satisfactory installation and maintenance of required public improvements;

Designating the exact location and nature of development; and

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

An application for a special use permit or variance may be made by any person desiring such action by filing with the Zoning Board of Review Clerk the prescribed application which shall describe the request and contain such information as may be required by this chapter and by the rules of the Board. All applications shall be accompanied at the time of filing by a plot plan drawn to scale showing the location of all lot and street lines, existing and proposed structures, utilities, wells, sewage disposal systems of the property which is the subject of the appeal or application. Additional application requirements may be found in Article XVI (Development Plan Review). All applications shall be accompanied by a plat map showing lot and street lines and approximate location of structures on premises adjacent to the property which is the subject of the application. All applications shall be filed with the Zoning Board of Review Clerk at least 20 days prior to the next scheduled public hearing date, and shall be accompanied by the fees required.

An application for a special use permit, variance or appeal from a decision of the Building Inspector, shall require a filing fee as exhibited in Table 3-1.

Public hearing. All land development and subdivision applications, and development plan review applications, which include requests for variances and/or special use permits submitted pursuant to this section, shall be heard in a public hearing that meets the requirements of the Land Development and Subdivision Regulations and R.I.G.L. § 45-23-42(b).

In granting requests for dimensional and use variances, the Planning Commission shall be bound to the requirements as set forth in Article IV and specifically relative to entering evidence into the record in satisfaction of the applicable standards.

In reviewing requests for special use permits, the Planning Commission shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as set forth in Article IV and specifically relative to entering evidence into the record in satisfaction of the applicable standards.

Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to R.I.G.L. § 45-23-71.

Any decision for a variance or special use permit rendered by the Planning Commission through unified development review shall be required to provide for the recording of findings of fact and a written decision. Such decision shall be made part of the record and recorded in the land evidence records.