Zoning board of review
908.1 - 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 city council. The board may engage legal, technical or clerical assistance to aid in the discharge of its duties. The division of planning shall serve as planning staff to the board. The board shall establish written rules of procedure within six months of the adoption of this ordinance. Appeals and correspondence to the board shall be sent to the board in care of the division of planning. The division of planning shall file all records and decisions of the board.
908.2 - Membership. The zoning board of review shall consist of five members who are residents of Central Falls, appointed by the mayor and confirmed by the city council, 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 board shall also include two alternates to be designated as the first and second alternate members, for terms of five years. These alternate members 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. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning such matter. Vacancies in unexpired terms of board members shall be filled by the mayor no more than 90 days following the vacancy. Members may be removed by the city council, upon the recommendation of the mayor, for due cause and for not attending three consecutive meetings.
908.3 - Prior members. Members of zoning boards of review serving on the effective date of adoption of this ordinance shall be exempt from provisions of this chapter [this ordinance] respecting terms of originally appointed members until the expiration of their current terms.
908.4 - 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.
908.5 - Powers and duties. The board shall have the following powers and duties:
(A) 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 ordinance.
(B) To hear and decide appeals from a party aggrieved by a decision of the HDC, pursuant to article VI.
(C) To authorize, upon application, in specific cases of hardship, variances in the application of the terms of this ordinance.
(D) To authorize, upon application, in specific cases, special use permits.
(E) To refer matters to the planning commission, planning division, or to other boards or agencies of the city as the board may deem appropriate, for findings and recommendations.
(F) 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.
(G) 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.
State Law reference— Similar provisions, G.L. 1956, § 45-24-57(1).
908.6 - Voting. The board shall be required to vote as follows:
(A) Five 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 active members shall be entitled to vote on any issue.
(B) The concurring vote of three of the five 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.
(C) The concurring vote of four of the five 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.
State Law reference— Similar provisions, G.L. 1956, § 45-24-57(2).
908.7 - Application procedure. Application procedures may be required 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, and shall be prepared by the director and published.
908.8 - Fees. Reasonable fees are required, in an amount to be established by the city 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.
908.9 - Decisions and records of the zoning board of review. Following a public hearing, the board shall render a decision within 20 days. The board shall include in its decision a statement of 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 division of planning within ten 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 planning division 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 division, 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, modification or special use shall also be recorded in the land evidence records of the city.
State Law reference— Similar provisions, G.L. 1956, § 45-24-61.
908.10 - Expiration of variances and special use permits - Unless reviewed under a unified development application, any variance or special use permit shall expire one year after the date of filing of the decision with the city clerk unless the applicant shall, within one year, obtain a legal building permit and proceed with the construction; or obtain a certificate of occupancy when no building permit is required. The board may, upon written request and for cause shown prior to the expiration of the one year period, renew the variance or special use permit for a second period of up to one year. Said request for an extension need not be advertised.
Should an applicant fail to begin construction with a legal building permit, or obtain a certificate of occupancy within the extension period, the board may, upon written request prior to the expiration period, renew the variance or special use permit for a third period of up to one year, provided that the applicant can show due diligence in proceeding and substantial financial commitment in promoting the subject variance or special use permit since the date of the original filing of the decision, notice shall be given in accordance with section 908.2 and a hearing shall be held on the request.
None of the periods shall run during the pendency of any of any superior court actions seeking to over turn the grant.