(A)   There is hereby created a Zoning Board of Review hereinafter called the Zoning Board, or Board, which shall consist of five active members and three alternate members, who shall have all of the authority and be subject to all of the duties provided by R.I. Gen. Laws § 45-24, as amended.

   (B)   All members shall be appointed by the Town Council. Each active member shall hold office for the term of five years; provided that the terms of each of the five active members shall be staggered so that in April of each year the Town Council shall appoint one member to the Zoning Board to succeed the member whose term expires. Alternate members shall be appointed for a term of one year. Members may serve no more than two consecutive terms but may be reappointed after an absence of one term. Each member shall hold office until his/her successor is duly appointed and qualified. In case any vacancy occurs on the Board, for any cause, the Town Council shall appoint a new member for the remainder of any unexpired term.

   (C)   An alternate member may participate in all business before the Zoning Board but may vote only when sitting as an active member at the request of the chairperson, if and when an active member is absent or disqualified or is unable to serve at any hearing. In the event that any matter before the Board is likely to be continued for more than one hearing, the chairperson may request that an alternate member participate at such hearings and the alternate member shall be authorized to vote on the matter when and if an active member becomes unable to serve at any such hearings.

   (D)   All members of the Board shall be legal residents of the Town of Middletown and no member shall be an elected official or salaried employee of the Town of Middletown.

   (E)   In April of each year, the Board shall organize by electing from its membership a chairperson, vice chairperson and secretary.

   (F)   The Zoning Board of Review, as constituted at the time of the adoption of this chapter, shall be continued and all members of the Board in office at the time of adoption of this chapter shall continue to hold office for the remainder of their respective terms.

   (G)   The Zoning Board shall adopt written rules and regulations for the conduct of public hearings, the requirements for applications, the order of procedure or other matters pertaining to the conduct of business; provided that rules and regulations are adopted following a public hearing thereon, and are available for general distribution to the public upon request.

   (H)   The chairperson or, in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.

(Ord. passed 10-30-06)

   (A)   In conducting hearings and arriving at its decisions, the Board shall at all times consist of five active members. As soon as a conflict occurs for a member, that member shall excuse 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.

   (B)   The concurring vote of three members of the Zoning Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrative Officer, Building Inspector or Planning Board. The concurring vote of four members shall be required to decide in favor of an applicant on the matter of a special use permit or variance or any other matter upon which the Zoning Board is authorized to pass.

(Ord. passed 10-30-06)

   Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. The chairperson or in his/her absence, the vice chairperson, may administer oaths and compel the attendance of witnesses and the submission of explanatory data. All hearings and meetings of the Board shall be open to the public.

(Ord. passed 10-30-06)

   The Board shall make a record of all its proceedings and actions, precisely showing the reasons for its decisions, the vote of each member participating therein and the absence of a member or his/her failure to vote. This record shall be filed immediately in the Office of the Board and Town Clerk and shall be available for review by the public.

(Ord. passed 10-30-06)

   (A)   Where the Zoning Board, in the case of a special use permit or variance, denies an application, the Board may not consider another application requesting the same special use permit or variance which it had previously denied, for a period of at least one year from the date of such denial or withdrawal.

   (B)   The Zoning Board may accept such a repeat application after six months; provided that the application is accompanied by an affidavit setting forth facts, to the satisfaction of the Zoning Officer, showing a substantial change of circumstances justifying a rehearing.

(Ord. passed 10-30-06)

   The Zoning Board of Review shall have the power to:

   (A)   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 this chapter or of any ordinance adopted pursuant hereto;

   (B)   Hear and decide appeals from a party aggrieved by a decision of an historic district commission pursuant to R.I. Gen. Laws §§ 45-24.1-7.1 and 45-24.1-7.2;

   (C)   Hear and decide appeals where the Zoning Board of Review is appointed as the board of appeals for airport zoning regulations;

   (D)   Authorize, upon application in specific cases of hardship, variances in the application of the terms of this chapter, pursuant to appeals, special use permits, and variances.

   (E)   Authorize, upon application, in specific cases, special use permits, pursuant to appeals, special use permits, and variances, where the Zoning Board of Review is designated as the permit authority for special use permits;

   (F)   Refer matters to the Planning Board, or to other boards or agencies of the town as may be deemed appropriate, for findings and recommendations;

   (G)   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

   (H)   Hear and decide such other matters according to the terms of this chapter or other statutes and upon which the Board may be authorized to pass under this chapter or other statutes.

(Ord. passed 10-30-06)