A zoning board of review, hereinafter called the board, is hereby created. Said board shall consist of five (5) regular members, and two (2) alternate members to be designated as the first and second alternate members, appointed by the town council. The membership of the board at the time of passage of this ordinance shall be continued for the remainder of their respective terms, at which time successors shall be appointed. Each regular member of the board shall be appointed for a term of five (5) years provided however, that the original appointments shall be made for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively. The alternate members shall be appointed for a term of five (5) years. All members shall serve until their successors are duly appointed and qualified.

Members of the board shall be legal residents of the Town of Warren and no member shall be an elected official or a salaried employee of the Town of Warren. If any vacancy occurs in the membership of the board, the town council shall fill the vacancy for the remainder of the unexpired term. The town council may remove a member for due cause.

The board shall organize annually by electing, from its membership, a chairman and a vice-chairman. The board may engage the services of a secretary within the limitation of funds made available to it or may appoint one (1) of its members as secretary.

The board shall adopt, from time to time, such rules of procedure as it may deem necessary to perform the duties assigned to it. Meetings of the board shall be held at the call of the chairman, or in his absence the vice chairman, or at such times as the board may determine. The chairman, or in his absence the vice chairman, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas, and the submission of data pertinent to the subject of the meeting. The board shall, at all times, consist of five (5) active members when conducting a hearing and arriving at a decision. The 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 (2) 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. Only five (5) active members shall be entitled to vote on any issue.

Notices of all meetings shall be posted in accordance with the Open Meetings Law of the State of Rhode Island.

The zoning board of review shall have the powers and duties described as follows:

A.

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination of the zoning officer in the enforcement of this ordinance. In using this power, the board may affirm or reverse, 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 officer from whom the appeal was taken.

B.

To authorize upon application in specific cases of hardship, either a use or a dimensional variance in the application of the terms of this ordinance, in accordance with the provisions of article IV of this ordinance.

C.

To hear and decide special use permits to the terms of this ordinance, in accordance with the provisions of article V of this ordinance.

D.

To refer matters to the planning board, or to other boards or agencies of the Town of Warren as the zoning board of review may deem appropriate, for findings and recommendations.

E.

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.

F.

To hear and decide other matters, according to the terms of this ordinance or other regulations, ordinances or statutes, and upon which the Board may be authorized to pass under this ordinance or other statutes.

A.

Appeals. Appeals to the board may be taken by any person aggrieved, or by any officer, department, board or bureau affected by any decision of the zoning officer concerning the provisions of this ordinance. Such appeal shall be taken within a reasonable time as provided by rules of the board by filing with the zoning officer and with the board, a notice of appeal, specifying the grounds for appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning officer certifies to the board that a stay, in his opinion, would cause imminent peril to life and property. In such case, proceedings shall be stayed only by a restraining order granted by a court of competent jurisdiction on application therefore and upon notice to the zoning officer and on due cause shown.

Immediately upon notification of an appeal, the zoning officer shall transmit all records of the decision which has been appealed to the zoning board of review, and to the planning board of the Town of Warren. Any appeal must be accompanied by a regular filing fee of an amount as established in the current fee schedule adopted by the Warren Town Council. Such filing fee shall be returnable only in the event that the appeal is withdrawn prior to the official notice of public hearing.

B.

Variances and special use permits. An application for a variance or special use permit shall be filed directly with the board as provided by the rules of the board. Such application shall be accompanied by a regular filing fee of an amount as established in the current fee schedule adopted by the Warren Town Council. Such filing fee shall be returnable only in the event that the appeal is withdrawn prior to the official notice of public hearing.

Immediately upon receipt of an application for a use variance, the zoning board of review or its designee shall transmit said application to the planning board, and may request that the planning board 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 zoning board within thirty (30) days of receipt of the application from the zoning board.

C.

The applicant shall be responsible for providing the board with an accurate and up to date listing of abutters and all entities entitled to notice under section 32-20 below.

D.

The board may not accept another application for the same variance or special use permit for a period of one (1) year after the denial of an application by the board.

Upon receipt of an appeal, or application for a variance or special use permit, the board shall schedule a public hearing thereon, within a reasonable time. Notice of such hearing shall be published in a newspaper of general circulation in the Town of Warren at least fourteen (14) days prior to the date of the public hearing and at the same time, notice of such hearing shall be mailed to the applicant, owners of land within two hundred (200) feet of the property involved, the Warren Planning Board and to other persons deemed by the board to be affected by the action on said application. The cost of notification shall be borne by the applicant. Any party may appear and be heard at the public hearing in person or by agent or attorney.

The board shall render a decision on any matter before it within a reasonable time after the public hearing. The concurring vote of three (3) members of the board shall be required to decide in favor of the applicant in a matter involving an appeal and the concurring vote of four (4) members of the board shall be required to decide in favor of an applicant in a matter involving a variance or special use permit, upon which it is authorized to pass under the terms of this ordinance.

The board shall make a record of its proceedings and actions, precisely showing its reasons for its decision, the vote of each member participating therein, and the absence of a member or his failure to vote. Decisions shall be recorded and filed in the office of the zoning board of review within thirty (30) working days from the date when the decision was rendered, and shall be a public record. The decision shall be posted in a location visible to the public in the town hall for a period of twenty (20) days following the recording of the decision. In addition, notice of the decision of the board shall be transmitted to the applicant, the zoning officer, the Warren Planning Board and to the Associate Director of the Division of Planning of the Rhode Island Department of Administration.

For any proceeding in which the right of appeal lies to the superior or supreme court, the zoning board of review shall have the minutes either taken by a competent stenographer, the cost of which shall be borne by the applicant, or recorded by a sound-recording device. Any decision evidencing the granting of a special use permit or variance shall also be recorded in the land evidence records of the Town of Warren.

In granting a variance or special use permit, or in making any determination upon which it is required to pass after a public hearing, the zoning board of review may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan and this zoning ordinance. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. The special conditions shall be based on competent credible evidence on the record, be incorporated into the decision and may include, but are not limited to, provisions for:

A.

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

B.

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

C.

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

D.

Assuring satisfactory installation and maintenance of required public improvements;

E.

Designating the exact location and nature of development; and

F.

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

A variance or special use permit shall expire one (1) year from the date of granting by the board unless the applicant exercises the permission granted or receives a zoning permit to do so and commences construction or use and diligently prosecutes the construction or use until completed. The board may, upon application therefore and for cause shown, grant an extension, provided that no more than one (1) extension for a period of six (6) months be granted. Provided, however, where subsequent approval is required by the planning board the time shall not commence until final planning board approval, provided the applicant diligently pursues the application before the planning board and provided, further, that the process before the planning board shall be completed within two (2) years of zoning board approval.

Any person or persons, jointly or severally aggrieved by any decision of the board, or any officer, department, board or bureau of the Town of Warren may present an appeal to the Superior Court of the State of Rhode Island as provided by the General Laws of Rhode Island 1956, Title 45, Chapter 24, Section 20. The aggrieved party must file a complaint setting forth the reasons of appeal within twenty (20) days after the decision has been recorded and posted in the town hall. 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, including the transcript if possible, together with such other facts as may be pertinent, with the clerk of the court within thirty (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.