(a)

The zoning board of review shall have the power to hear and decide appeals, to grant special use permits, use variances and dimensional variances, in accordance with the following provisions. The zoning board of review shall have the following powers and duties:

(1)

To hear and decide appeals within 65 days of the date of the filing of the appeal 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;

(2)

To hear and decide appeals from a party aggrieved by a decision of an historic district commission, pursuant to section 5 of this ordinance (Reserved);

(3)

To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to section 11 of this ordinance.

(4)

To authorize, upon application, in specific cases, special use permits, pursuant to sections 4, 12, among other sections, where the zoning board of review is designated as a permit authority for special use permits;

(5)

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

(6)

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; and

(7)

To hear and decide other matters, according to the terms of the ordinance or other statutes, and upon which the board may be authorized to pass under the ordinance 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. Only five active members shall be entitled to vote on any issue;

(2)

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

(3)

The concurring vote of a majority of members of the zoning board of review 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 this ordinance, including variances and special use permits.

(c)

Shall establish rules of procedure and application forms in accordance with the requirements of section 18 and other applicable sections of this ordinance.

(d)

Except as otherwise provided for herein, a special use permit, use variance or dimensional variance shall expire two years from the date on which it is granted unless the applicant exercises the permission granted or receives a building permit to do so and commences construction and diligently prosecutes the construction until completed.

In the event that an approval is granted by the zoning board of review, which is conditioned upon or requires approval from a state or federal agency which would regulate the construction being approved, then the two-year approval period shall not commence until the applicant has received all of such approvals. In the event any of these subsequent approvals result in changes to the plans which were approved by the zoning board of review, then the applicant will be required to submit revised plans showing the proposed changes and receive approval for the changes from the zoning board of review or staff according to the provisions of this ordinance.

In the event that an applicant, as part of the approval process for a subdivision with the planning board, seeks and receives a special use permit, or variances for the individual lots within the subdivision for the zoning board of review, and the applicant receives a building permit or other appropriate approvals to initiate construction of the general subdivision improvements within two years from the date of the decision of the zoning board of review and completes construction within the time set by the planning board and/or subdivision regulations, then such special use permits or variances on the individual lots shall be considered to have been exercised within the two-year approval period. Provided, however, that in no case shall the special use permit or variance remain valid if a building permit for construction on the individual lot is not commenced within three years from the date of the decision of the zoning board of review.

In the event that an applicant, due to undue hardship or circumstances beyond his/her control, is unable to exercise the permission granted or apply for a building permit within two years from the date of the granting of the special use permit or variance, then said applicant may apply for an extension of time with the zoning board of review; provided, however, that said application for extension of time is submitted at least 30 days prior to the expiration date of the special use permit or variance. The zoning board of review may grant only one extension of time for an application for a period not exceeding one year from the expiration date of the special use permit or variance. The granting of such an extension is entirely within the discretion of the zoning board of review and the zoning board of review may require that an applicant demonstrate, through testimony or other evidence that undue hardship exists, that the effect of the special use permit or variance on neighboring properties has not substantially changed since the original application and that the granting of the extension of the time would not be inimical to the health, safety and welfare of the public generally.

Written notice of such application for extension shall be sent, at the applicant's expense, to all remonstrants of record as determined by the record of the original hearing on the original petition for a special use permit or variance. No other notice shall be required.

(e)

All members, including alternate members, of any zoning board shall be required to participate in continuing education courses promulgated pursuant to chapter 70 of this title entitled "Continuing education for local planning and zoning boards and historic district commissions."

(Ch. 1117, § 16, 12-18-2023)