Zoning board of review
(a) Creation. A zoning board of review, hereinafter called the board, is hereby created. The board shall have a membership, organization and powers as provided below.
(1) Membership. The board shall be appointed by the town council and shall consist of five regular members and two alternate members. Each regular member shall be appointed for a term of five years. The alternate members shall be appointed for a term of one year. If a vacancy occurs in the board, the town council shall appoint a new member for the unexpired term. All members of the board shall be legal residents of the town and no member shall be an elected official or salaried employee of the town. The alternate members shall be designated as the first and second alternate members. These alternates 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 members of the board are unable to serve at a hearing. A minimum of four members, which may include alternates, shall form a duly constituted quorum.
(2) Establishment of rules. The board shall establish written rules of procedure, minimum submission requirements and designate the building inspection office as the address to which appeals and/or correspondence to the board shall be mailed. All records of the board shall be filed with the zoning enforcement officer in the building department.
(3) Engaging services or experts. The board may designate a secretary and engage the services of a recorder and such other technical services or assistance it deems necessary to carry out its responsibilities subject to the provisions of the town charter and ordinances.
(4) Organization. Once each year, the board shall organize by electing from its membership a chair, a vice-chair and a secretary. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chair, or in his/her absence the vice-chair, may administer oaths and compel the attendance of witnesses and the submission of data by the issuance of subpoenas.
a. All meetings of the board shall be open to the public;
b. Four active members, which may include alternates, shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself and shall not sit as an active member, nor take part in the conduct of the hearing. A maximum of five active members, which may include alternates, shall be entitled to vote on any issue;
c. The concurring vote of a majority of members of the zoning board of review sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of any administrative officer or agency from whom an appeal was taken;
d. The concurring vote of a majority of members of the zoning board of review 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 chapter, including variances and special use permits.
(b) General powers. The board shall have all of the powers specified in G.L. 1956, § 45-24-57, as specified below:
(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 or interpretation of this chapter, or of any ordinance adopted pursuant hereto;
(2) To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning chapter, pursuant to subsection (d) of this section;
(3) To authorize, upon application, in specific cases, special use permits, pursuant to subsection (e) of this section;
(4) To refer matters to the planning board or commission, or to other boards or agencies of the town as the zoning board of review may deem appropriate, for findings and recommendations;
(5) 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; and
(6) To hear and decide appeals from a party aggrieved by a decision of an historic district commission, pursuant to G.L. 1956, § 45-24.1-7.1, and G.L. 1956, § 45-24.1-7.2;
(7) To hear and decide appeals where the zoning board of review is appointed as the board of appeals for airport zoning regulations pursuant to G.L. 1956, § 1-3-19;
(8) To hear and decide other matters, according to the terms of this chapter or other statutes, and upon which the board may be authorized to pass under this chapter or other statutes.
(c) Appeals. An appeal to the zoning board of review from a decision of any other zoning enforcement agency or officer may be taken by an aggrieved party. The appeal shall be taken within a reasonable time of the date of the recording of the decision by the zoning enforcement officer or agency by filing with the officer or agency from whom the appeal is taken and with the zoning board of review a notice of appeal specifying the ground thereof. The officer or agency from whom the appeal is taken shall forthwith transmit to the zoning board of review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board or commission.
(d) Variances.
(1) An application for relief from the literal requirements of this zoning chapter, because of hardship, may be made by any person, group, agency, or corporation by filing with the zoning enforcement officer. Such application must describe the relief request and be supported by such data and evidence as may be required by the zoning board of review or by the terms of this chapter. The zoning enforcement officer shall immediately transmit each such application received to the zoning board of review and shall transmit a copy of each application to the planning board.
(2) The zoning board of review, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning chapter, may request that the planning board and/or staff submit an advisory report or supplemental data. If so requested the planning board and/or staff shall report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan of the town, in writing to said zoning board of review within 30 days of receipt of the application from that board.
(3) The zoning board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice thereof at least 14 days prior to the date of the hearing in a newspaper of local circulation. Notice of hearing shall be sent by first class mail to the applicant, and to at least all those who would require notice under G.L. 1956, § 45-24-53, or subsection 30-35(c) of this chapter. The notice shall also include the street address of the subject property and utility pole numbers of poles along the property. In addition, a sign shall be posted on the subject property stating that an application has been made for a variance. Said sign shall be 24 inches on a side and shall contain the word "variance" in letters two inches tall. The posting shall be for information purposes only and shall not constitute required notice of a public hearing. At least 14 days prior to the hearing, the same notice shall be posted in the town clerk's office and one other municipal building in the town and the town shall make the notice accessible on the home page of its website. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant.
(4) In granting a variance, the zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
a. That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area, and is not due to a physical or economic disability of the applicant;
b. That the hardship is not the result of any prior action of the applicant or owner; and
c. That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the zoning chapter or the comprehensive plan upon which this chapter is based.
d. The zoning board of review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
1. In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning chapter. Any nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and
2. In granting a dimensional variance, that the hardship that was suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief. The zoning board may grant dimensional variances where the use is permitted by special use permit.
e. The zoning board shall set down a record of findings of fact and shall make its decision in writing. No decision shall be final until it is filed in the zoning enforcement office. All decisions shall be recorded in the land evidence records of the town.
f. A variance from the provisions of this chapter shall expire 12 months from the date of approval by the board, unless the applicant who has been granted relief obtains a building permit and is actively engaged in the project's construction, or in case of "use variance" has actually put the subject property to said use.
(e) Special use permit. The zoning board of review may only issue special use permits subject to the following terms and conditions.
(1) An application for a special use permit may be made by filing an application with the zoning enforcement officer for those uses specified in section 30-71 of this chapter as requiring such special use permit. Said application will contain a description of the property involved, the applicant's interest in the property and such other information as required under the specific section describing the special use (see article VI).
The zoning board shall evaluate the request in accordance with criteria and general standards set forth herein for a special use permit in addition to any other criteria and standards enumerated in this chapter which may be applicable to the relief being sought, and in accordance with the intent and purposes of the town's comprehensive plan and this chapter. They may require any special conditions, as described below, which they deem in the interests of the town and its citizens.
(2) The zoning board shall hold a public hearing on any application for a special use permit, after receipt, in proper form, of an application and shall give public notice thereof at least 14 days prior to the date of hearing in a newspaper of local circulation in Burrillville. Notice of hearing shall be sent first class mail to the applicant and to all of those who would be required [to be sent] notice under G.L. 1956, § 45-24-53, or subsection 30-35(c) of this chapter. The notice shall also include the street address of the subject property and utility pole numbers of poles along the property. In addition, a sign shall be posted on the subject property stating that an application has been made for a special use permit. Said sign shall be 24 inches on a side and shall contain the word "special use permit" in letters two inches tall. The posting shall be for information purposes only and shall not constitute required notice of a public hearing. At least 14 days prior to the hearing, the same notice shall be posted in the town clerk's office and one other municipal building in the town and the town shall make the notice accessible on the home page of its website. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of the newspaper and mailing notification shall be borne by the applicant.
(3) The zoning board shall set down a record of findings of fact and shall make its decision in writing. No decision shall be final until it is filed in the zoning enforcement office. All decisions shall be recorded in the land evidence records of the town.
(4) A use requiring a special use permit under the applicable provisions of this chapter may be permitted by the zoning board of review following a public hearing only if, in the opinion of the board, such proposed use and its location on the site meets each of the following requirements, in addition to any other applicable requirements, criteria and/or standards enumerated in this chapter which may be applicable to the relief being sought. The granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purposes of this chapter or the comprehensive plan of the town. In so doing, the board shall consider, where applicable, the following:
a. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
b. Off-street parking and loading areas where required.
c. Required yard setbacks and other open spaces.
d. Utilities with reference to location, availability, and compatibility.
e. Screening and buffering with reference to type, dimensions, and character.
f. Signs, if any, and proposed exterior lighting with reference to glare and traffic safety.
g. General compatibility, the pertinent traffic, economic, noise, glare or odor effects of the special use permit on adjoining properties and properties generally in the district.
h. Protection of sensitive features.
i. The use will not result in or create conditions that will exceed any applicable performance standards in this ordinance.
When a use is permitted by special use permit, the zoning board may grant dimensional relief in conjunction with said special use permit if the special use could not exist without the dimensional variance. The zoning board of review shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on each respective special use criterion and the dimensional variance evidentiary standards.
(5) Any proposed land use that is not specifically listed in section 30-71 may be presented by the applicant to the zoning board of review for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special use permit. Upon such determination, the proposed use may be considered to be a use requiring a special use permit.
(f) Special conditions. In granting a variance, a special use permit or in making any determination upon which it is required to pass after a public hearing under a zoning ordinance, the zoning board of review or other zoning enforcement agency may apply such special conditions that may, in the opinion of the board or agency, be required to promote the intent and purposes of the comprehensive plan and the zoning chapter of the town. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Those 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:
(1) Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;
(2) Controlling the sequence of development, including when it must be commenced and completed;
(3) Controlling the duration of use or development and the time within which any temporary structure must be removed;
(4) Assuring satisfactory installation and maintenance of required public improvements;
(5) Designating the exact location and nature of development; and
(6) Establishing detailed records by submission of drawings, maps, plats, or specifications.
(g) Procedures for appeals, special use permits or variances.
(1) An application for an appeal, a special use permit or variance shall be filed directly with the zoning officer specifying the grounds for the application.
(2) In filing for an appeal, variance or special use permit, the applicant shall file all plans, documents and specifications necessary to support the request in a format as may be required by the board's rules.
(3) In addition, the applicant shall accompany the request with a plan showing property owners along with a list thereof, including names and addresses of all parties requiring notice pursuant to G.L. 1956, § 45-24-41, or G.L. 1956, § 45-24-42, and subsection 30-35(a)(4) of this chapter.
(4) A filing fee, payable to the town, shall be submitted with and be a part of the application from which a recorder (device or person) shall be hired.
(5) The applicant for appeal, variance or special use permit shall pay the cost of all legal advertising and mailing associated with the said action in excess of the fee prior to the hearing and made payable to the town.
(6) The board shall hear an appeal or an application for a special use permit or variance within 65 days of the date of the filing of the application or appeal.
a. It shall publish notice of the hearing at least two weeks prior to the date of such hearing in a newspaper of general circulation in the town, and shall give notice to the planning board.
b. In addition, notice shall be sent by first class mail to the applicant and to all persons owning real property described in subsection (3) above.
(7) The board shall render a decision on the application within 15 days of said hearing. Any party may appear at the hearing in person, by agent, or by attorney.
(8) An aggrieved party may appeal a decision of the zoning board of review to the superior court for Providence County by filing a complaint setting forth the reasons of appeal within 20 days after the decision has been recorded and posted in the office of town clerk. The decision shall be posted in a location visible to the public in the town hall for a period of 20 days following the recording of the decision.
(9) No variance, special use permit or appeal shall become effective until it is recorded in the land evidence office of the town hall.
(10) Any person or persons jointly or severally aggrieved by any decision of the board, or any officer, department, board or bureau of the town, may appeal to the superior court, setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 20 days after the filing of the decision in the office of the board.
(Ord. of 4-12-2000; Ord. of 4-26-2000; Ord. of 5-28-2003(1); Ord. of 5-27-2009; Ord. of 03-22-2023 (2); Ord. No. 12-13-2023(2); Ord. of 2-26-2025(2))
State Law reference— Zoning board of review, G.L. 1956, § 45-24-56.