In case any vacancy occurs in said Board for any case or cause, the
Town Council shall appoint a member to said Board to fill said vacancy
for the remainder of the term of the member who has vacated his office.
The Zoning Board of Review shall consist of five members, each to
hold office for the term of five years; provided, however, that the
original appointments shall be made for terms of one, two, three,
four, and five years, respectively. The Zoning Board of Review shall
also include two alternates to be designated as the first and second
alternate members, their terms to be set by ordinance, but not to
exceed five years.
Members of zoning boards of review serving on the effective date
of adoption of a zoning ordinance under the Zoning Chapter shall be
exempt from provisions of this section respecting terms of originally
appointed members until the expiration of their current terms.
Alternates. Alternate members shall sit and may actively participate
in hearings. The first and second alternates shall be designated by
the Chairperson on a case-by-case basis. 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 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.
Organization of the Board. The Zoning Board of Review shall annually
elect a Chairperson, a Vice Chairperson and a Secretary. The Chairperson,
or in his or her absence, the Vice Chairperson, shall preside over
all meetings of the Board.
The Zoning Board of Review shall adopt and maintain written rules
of procedure, which shall be available to any applicant or the general
public at the office of the Zoning Enforcement Officer. Said rules
of procedure shall include, at a minimum, a mailing address to which
appeals and correspondence to the Zoning Board of Review shall be
sent and an office where records and decisions shall be filed.
The Chairperson, or in his or her absence, the Vice Chairperson,
may administer oaths and compel the attendance of witnesses by the
issuance of subpoenas.
No member or alternate may vote on any matter before the Board unless
he or she has attended all hearings concerning that matter.
Any petition for a variance or a special use permit to the Zoning
Board of Review of the said Town shall be accompanied by a fee as
prescribed by the Town of Portsmouth ordinance pertaining to fees.[1]