(a) Establishment and procedures

A Zoning Board of Review, herein called the "Board," is hereby created. Board members may be remunerated in the performance of official duties, at an amount to be established by the Town Council. The Board, with the approval of the Town Council may engage technical assistance to aid in the discharge of its duties. The Building Official shall serve as staff to the Board. The Town Solicitor or Assistant Town Solicitor shall serve as legal counsel to the Board. The Board shall establish written rules of procedure within six (6) months of the adoption of this Ordinance. Appeals and correspondence to the Board shall be sent to the Board in care of the Building Official. The Building Official shall file all records and decisions of the Board.

(b) Membership

The zoning board of review shall consist of five (5) members who are residents of Cumberland, appointed by the Town Council, each to hold office for the 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 Board shall also include two (2) alternates, to be appointed by the Town Council, to be designated as the first (1st) and second (2nd) alternate members, for terms of five (5) years. These alternate members shall sit and may actively participate in hearings. The first (1st) alternate shall vote if a member of the Board is unable to serve at a hearing and the second (2nd) shall vote if two (2) members of the Board are unable to serve at a hearing. In the absence of the first (1st) alternate member, the second (2nd) alternate member shall serve in the position of the first (1st) alternate. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning such matter. No member or alternate may participate in any way whatsoever on any matter for which they would have a conflict of interest as defined by the Rhode Island law and the Rhode Island Ethics Commission. Vacancies in unexpired terms of Board members shall be filled by the Town Council no more than ninety (90) days following the vacancy. Members may be removed by the Town Council for due cause and for not attending three (3) consecutive meetings.

(c) Prior Members

Members of the Board serving on the effective date of adoption of this Ordinance shall be exempt from provisions of this Article respecting terms of originally appointed members until the expiration of their current terms.

(d) Chair

The Board shall, at its first meeting following the adoption of this Ordinance, and in January of each year thereafter, elect a chairperson, vice-chairperson and secretary from its membership. The chairperson, or in his/her absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.

(e) Powers and Duties

The Board shall have the following powers and duties:

(1) To 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 of interpretation of this Ordinance.

(2) To hear and decide appeals from a party aggrieved by a decision of the HDC, pursuant to Section 6-1.

(3) To authorize upon application, in specific cases of hardship, variances in the application of the terms of this Ordinance.

(4) To authorize upon application, where specified in this Ordinance, special use permits.

(5) To refer matters to the Planning Board, Planning Department, or to other boards or agencies of the Town as the Board 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 (1) or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked, upon motion of the Board, after a public hearing with due notice, in the instance where any necessary state or federal agency approvals are not received within a specified time period.

(7) To hear and decide such other matters, according to the terms of this Ordinance or other statutes, and upon which the Board may be authorized to pass under this Ordinance or other statutes.

(f) Voting

The Board shall be required to vote as follows:

(1) Five (5) active members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself/herself, and shall not sit as an active member and shall take no part in the conduct of the hearing. Only five (5) active members shall be entitled to vote on any issue.

(2) The concurring vote of three (3) of the five (5) members of the Board sitting at a hearing shall be necessary to reverse any order, requirement, decision or determination of the HDC or any zoning administrative officer from whom an appeal was taken.

(3) The concurring vote of four (4) of the five (5) members of the 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 this Ordinance, including variances and special use permits.

(g) Application Procedure

Application procedures for the filing of appeals, request for variances, special use permits, development plan review, site plan review and such other applications as may be specified in this Ordinance, shall be prepared by the Building Official and published.

(h) Fees

Reasonable fees may be required, in an amount to be established by the Town Council, to be paid by the appellant or applicant for the adequate review and hearing of applications, issuance of zoning certificates and the recording of the decisions thereon.

(i) Decisions and Records of the Zoning Board of Review

Following a public hearing, the Board shall render a decision within twenty (20) days. 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 Building Official within ten (IO) working days from the date when the decision was rendered, and shall be a public record. The 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 Building Official 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 Board shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.

Any decision by the Board, including any special conditions attached thereto, shall be mailed to the applicant, to the Planning Board, and to the Associate Director of the Division of Planning of the Rhode Island Department of Administration. Any decision evidencing the granting of a variance or special use permit shall also be recorded in the land evidence records of the Town.