There is hereby created a zoning board of review, hereinafter called the zoning board, which 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 zoning board shall also include three alternates to be designated as the first and second and third alternate members, for a term of one year. These 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 and the third alternate shall vote if three 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. In the absence of the first and second alternate member, the third alternate shall serve in the position of the first and second. A minimum of four members, which may include alternates, shall form a duly constituted quorum. No member or alternate may vote on any matter before the zoning board unless they have attended all hearings concerning that matter.

The zoning board may engage legal, technical or clerical assistance to aid in the discharge of its duties.

Members of the zoning board of review serving on the effective date of adoption of the ordinance from which this chapter is derived shall be exempt from provisions of this chapter [article] respecting terms of originally appointed members until the expiration of their current terms. The town council may remove a member for cause based on a majority vote of the town council membership. The town council may fill any vacancy in the zoning board for an unexpired term.

The chairperson [chair], or in his or her absence, the acting chairperson [chair], may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The zoning board of review shall:

A.

Have the following powers and duties [to]:

1)

Hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision or determination made by an administrative officer or agency in the enforcement or interpretation of the act, or this chapter hereto;

2)

Hear and decide appeals from a party aggrieved by a decision of an [a] historic district commission, pursuant to G.L. 1956, §§ 45-24.1-7.1 and 45-24.1-7.2;

3)

Authorize, upon application, in specific cases of hardship, variances in the application of the terms of this chapter, pursuant to G.L. 1956, § 45-24-41;

4)

Authorize, upon application, in specific cases, special use permits, pursuant to G.L. 1956, § 45-24-42(A), where the zoning board is designated as a permit authority for special use permits;

5)

Refer matters to the planning commission, or to other boards or agencies of the town as the zoning board may deem appropriate, for findings and recommendations;

6)

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; and

7)

Hear and decide other matters, according to the terms of the ordinance from which this chapter is derived or other statutes, and upon which the zoning board may be authorized to pass under the ordinance from which this chapter is derived or other statutes; and

B.

Be required to vote as follows:

1)

Four active members, which may include alternates, shall be 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 take no part in the conduct of the hearing. A maximum of five active members, which may include alternates, shall be entitled to vote on any issue;

2)

The concurring vote of a majority of members of the zoning board sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of any zoning enforcement officer from whom an appeal was taken; and

3)

The concurring vote of a majority of members of the zoning board sitting at a hearing shall be 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 from which this chapter is derived, including variances and special-use permits.

(Ord. of 2-3-2025(1), § 1(Exh. A))

In using the powers listed in section 82-201, the zoning board, in conformance with the provisions of this chapter and in the proper exercise of its discretion, may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the zoning enforcement officer.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Procedures for appeals, special use permits and variances are as follows:

A.

Appeals to the zoning board may be taken by any person aggrieved or by any officer, department, board or bureau affected by any decision of the zoning enforcement officer in the enforcement of this chapter. Such appeal shall be taken within 30 days as provided by the rules of the zoning board by filing with the zoning enforcement officer and with the board a notice of appeal specifying the grounds thereof. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning enforcement officer certifies to the zoning board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would in his opinion, cause imminent peril to life or property. In such cases, proceedings shall be stayed only by a restraining order which may be granted by the zoning board or by a court of competent jurisdiction on application thereof and upon notice to the officer from whom the appeal is taken and on due cause shown.

B.

Applications for special use permits or variances shall be filed directly with the town clerk as provided by the rules of the zoning board.

C.

The zoning board shall fix a reasonable time for the hearing of the application; shall publish notice thereof in a newspaper of local circulation in the Town of Jamestown at least once each week for three successive weeks prior to the date of such hearing; shall give due notice to the applicant and the owners of property surrounding the property in question by registered or certified mail at least seven days prior to the date set for the hearing. The cost of any notice required for the hearing shall be borne by the appellant.

1)

In all zoning districts, a list of the owners of property within 200 feet of the property in question shall be determined from public record and submitted by the applicant. The board shall hear and decide the appeal, special use permit, or variance within 65 days of the date of the filing of the application or appeal. Any party may appear at the hearing in person, by agent or by attorney.

D.

The zoning board shall render a decision within 15 days after the close of a 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 zoning board within 30 days from the date when the decision was rendered and shall be a public record. The zoning 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 zoning board in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the zoning board shall have the minutes taken either by a competent stenographer or recorded by a sound recording device. Any decision by the zoning board, including any special conditions attached thereto, shall be mailed to the applicant, the zoning enforcement officer, and 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 of Jamestown.

E.

The zoning board shall establish written rules of procedure, a mailing address to which appeals and correspondence to the zoning board shall be sent, and an office where records and decisions shall be filed. The zoning board shall also establish appropriate forms and submission and resubmission requirements, which shall be reviewed not less than once every five years and amended, if necessary.

(Ord. of 2-3-2025(1), § 1(Exh. A))

After a decision has been made by the zoning board, the applicant may not file a similar application for at least 12 months after the date of the original decision.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton or willful misconduct.

(Ord. of 2-3-2025(1), § 1(Exh. A))

An aggrieved party may appeal a decision of the zoning board of review to the Superior Court for [of] Newport County by filing a complaint setting forth the reasons of appeal within 20 days after the decision has been recorded and posted in the office of the town clerk. The decision shall be posted in a location visible to the public in the town hall for a period of 20 days following the recording of the decision. The zoning board of review shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the zoning board shall be made parties to the proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.

(Ord. of 2-3-2025(1), § 1(Exh. A))