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Hopkinton City Zoning Code

SECTION 20

- Zoning board of review, powers and duties.

(A)

The zoning board shall have the following powers and duties:

(1)

To hear and decide appeals of any order, requirement, decision, or determination made by the zoning enforcement officer or any other administrative official in the enforcement or interpretation of this ordinance.

(2)

To hear and decide appeals from a party aggrieved by a decision by the Hopkinton historic district commission, pursuant to R.I.G.L. §§ 45-24.1-7.1 and 45-24.1-7.2.

(3)

To approve variances pursuant to the terms of this ordinance.

(4)

To approve special-use permits pursuant to the terms of this ordinance.

(5)

To refer matters to the planning board or other town boards or agencies for findings and recommendations;

(6)

To issue conditional approvals of variances and special-use permits when a proposed use also requires an approval from a state or federal agency and that approval has not yet been issued. A decision granting a conditional zoning approval shall include the date on which the approval will expire if the state or federal approval has not been issued.

(7)

To hear and decide other matters upon which the board may be authorized to pass under this ordinance or other ordinances or statutes.

(B)

The zoning board of review shall be required to vote as follows:

(1)

Four (4) members shall be necessary to conduct a hearing. A member who has a conflict of interest in any matter shall recuse himself or herself, shall not sit as an active member, and shall take no part in the conduct of the hearing. No more than five (5) regular or alternate members shall be entitled to vote on any issue.

(2)

The affirmative votes of a majority of the sitting members is necessary to reverse any order, requirement, decision, or determination of an administrative officer or to decide in favor of an applicant on any matter within the board's jurisdiction, including applications for variances, special-use permits, and aquifer protection permits.

(Ch. 134, § 20, 12-17-94; Ch. 131, 3-22-04; Ch. 292, §(Exh. O), 12-4-23)