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(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)