Rhode Island General Laws
Chapter 45-24 - Zoning Ordinances
Section 45-24-57. - Administration — Powers and duties of zoning board of review. [Effective until January 1, 2023.]

§ 45-24-57. Administration — Powers and duties of zoning board of review. [Effective until January 1, 2023.]
A zoning ordinance adopted pursuant to this chapter shall provide that the zoning board of review shall:
(1) Have the following powers and duties:
(i) To hear and decide appeals within sixty-five (65) days of the date of the filing of the appeal where it is alleged there is an 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;
(ii) To hear and decide appeals from a party aggrieved by a decision of an historic district commission, pursuant to §§ 45-24.1-7.1 and 45-24.1-7.2;
(iii) To hear and decide appeals where the zoning board of review is appointed as the board of appeals for airport zoning regulations, pursuant to § 1-3-19;
(iv) To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to § 45-24-41;
(v) To authorize, upon application, in specific cases, special-use permits, pursuant to § 45-24-42, where the zoning board of review is designated as a permit authority for special-use permits;
(vi) 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;
(vii) To provide for the issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals that 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
(viii) 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
(2) Be required to vote as follows:
(i) Five (5) active members are 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 shall take no part in the conduct of the hearing. Only five (5) active members are entitled to vote on any issue;
(ii) The concurring vote of three (3) of the five (5) members of the zoning board of review sitting at a hearing are necessary to reverse any order, requirement, decision, or determination of any zoning administrative officer from whom an appeal was taken; and
(iii) The concurring vote of four (4) of the five (5) members of the zoning board of review sitting at a hearing is 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, including variances and special-use permits.
History of Section.P.L. 1991, ch. 307, § 1; P.L. 2014, ch. 198, § 1; P.L. 2014, ch. 217, § 1.
§ 45-24-57. Administration — Powers and duties of zoning board of review. [Effective January 1, 2023.]
A zoning ordinance adopted pursuant to this chapter shall provide that the zoning board of review shall:
(1) Have the following powers and duties:
(i) To hear and decide appeals within sixty-five (65) days of the date of the filing of the appeal where it is alleged there is an 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;
(ii) To hear and decide appeals from a party aggrieved by a decision of an historic district commission, pursuant to §§ 45-24.1-7.1 and 45-24.1-7.2;
(iii) To hear and decide appeals where the zoning board of review is appointed as the board of appeals for airport zoning regulations, pursuant to § 1-3-19;
(iv) To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to § 45-24-41;
(v) To authorize, upon application, in specific cases, special-use permits, pursuant to § 45-24-42, where the zoning board of review is designated as a permit authority for special-use permits;
(vi) 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;
(vii) To provide for the issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals that 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
(viii) 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
(2) Be required to vote as follows:
(i) Four (4) active members, which may include alternates, are 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 shall take no part in the conduct of the hearing. A maximum of five (5) active members, which may include alternates, are entitled to vote on any issue;
(ii) The concurring vote of a majority of members of the zoning board of review sitting at a hearing is necessary to reverse any order, requirement, decision, or determination of any zoning administrative officer from whom an appeal was taken; and
(iii) The concurring vote of a majority of members of the zoning board of review sitting at a hearing is 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, including variances and special-use permits.
(3) 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.”
History of Section.P.L. 1991, ch. 307, § 1; P.L. 2014, ch. 198, § 1; P.L. 2014, ch. 217, § 1; P.L. 2022, ch. 142, § 2, effective January 1, 2023; P.L. 2022, ch. 143, § 2, effective January 1, 2023; P.L. 2022, ch. 208, § 2, effective January 1, 2023; P.L. 2022, ch. 209, § 2, effective January 1, 2023.

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