Powers and duties.
§ 218-22. 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 officer or commission in the enforcement or interpretation of this Ordinance, or of any section adopted pursuant hereto;
B. To hear and decide appeals from a party aggrieved by a decision of an historic district commission, pursuant to R.I. Gen. Laws §§ 45-24.1-7.1 and 45-24.1-7.2;
C. To hear and decide appeals where the Board of review is appointed as the board of appeals for airport zoning regulations pursuant to R.I. Gen. Laws § 1-3-19;
D. To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to R.I. Gen. Laws § 45-24-41;
E. To authorize, upon application, special use permits: and to authorize by special use permit relief from the dimensional and intensity regulations of the ordinance for any use the board authorizes by special use permit. See ARTICLE VI § 218-35 and § 218-36, Land Use Table.
F. To refer applications or matters to the Planning Commission, or to other boards of the Town as the Board may deem appropriate, for advisory findings and recommendations;
G. To provide for issuance of conditional zoning approvals where a proposed application requires one or more state or federal agency approvals that 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
H. To hear and decide other matters, according to this Ordinance upon which the Board may be authorized to pass.
I. In granting a variance, special use permit or in making any determination upon which it is required to pass, the Board and other enforcement officials as identified in this ordinance may apply such special conditions that may be required to promote the intent and purposes of this Ordinance. Failure to abide by any special conditions attached shall constitute a zoning violation. The 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 abutting 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 of 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.
J. The Board shall be required to vote as follows: [Amended 2-12-2024 by Ord. No. 409] (1) Four active members, which may include alternates, shall be necessary to conduct a hearing. When a conflict of interest occurs, that member shall recuse themselves, and take no part in the conduct of the hearing. A maximum of five active members, including alternates, shall be entitled to vote on any issue;
(2) The concurring vote of a majority of members of the Board sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of any officer from whom an appeal was taken; and (3) The concurring vote of a majority of 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 the ordinance, including variances and special use permits.
K. Applications. All applications for variances, special use permits and appeals shall be submitted in writing on a form supplied by the Building Inspector accompanied by the appropriate fee as prescribed in § 218-26, Fees. The Board may deny an application for incomplete information or improper fee having been submitted. Any person filing an application for review by the Board shall be responsible for the cost of preparing the transcript of the public hearings on said decision.
L. Appeals from Planning Commission. To take actions on appeals of the Planning Commission according to the provisions of R.I. Gen. Laws § 45-23, as may be amended from time to time, and to hear appeals on any determination of the Planning Commission in the enforcement of this Ordinance. The concurring vote of four members of the Board shall be necessary to reverse any decision or determination of the Planning Commission. Notice of an appeal under R.I. Gen. Laws § 45-23 shall also be transmitted by certified mail to the Planning Commission by the applicant.
M. Assistance. The Board may engage legal, technical, clerical assistance or other technical experts to discharge its duties within the limit of funds available to it and additional expenses shall be borne by the applicants who appear before it.
N. Rules. The Board, in order to conduct its responsibilities in an orderly, effective fashion, may adopt additional procedures, guidelines and regulations consistent with the intent of this Ordinance. The Board may enact application requirements and procedures to assure compliance with this Ordinance.
O. All members, including alternate members, of the zoning board shall be required to participate in continuing education courses promulgated pursuant to § 45-70-3 of the General Laws entitled "Continuing education for local planning and zoning boards and historic district commissions." [Added 2-12-2024 by Ord. No. 409]
P. Unified Development Review. Pursuant to the relevant requirements of the R.I. General Laws at § 45-24-46.4, as amended, unified development review is authorized on variances and special use permits for properties undergoing review which qualifies for unified development review by the Planning Commission, and which shall be conducted and decided by the Planning Commission. [Added 10-28-2024 by Ord. No. 426] (1) The Planning Commission, under the provisions of this section shall have the authority:
(a) To grant, grant with conditions, or deny zoning relief; and (b) In addition, any person, group, agency, or corporation that files an application for a project under this section shall also file specific requests for relief from the literal requirements of a zoning ordinance on the subject property, pursuant to § 45-24-41, and/or for the issuance of special-use permits for the subject property, pursuant to § 45-24-42, by including such within the application to the administrative officer with the other required application materials, pursuant to § 45-23-50.1.
(2) All land development and subdivision applications that include requests for variances and/or special-use permits submitted pursuant to this section shall require a public hearing that meets the requirements of § 45-23-50.1.
(3) In granting requests for dimensional and use variances, the Planning Commission shall be bound to the requirements of § 45-24-41 relative to entering evidence into the record in satisfaction of the applicable standards.
(4) In reviewing requests for special-use permits, the Planning Commission shall be bound to the conditions and procedures under which a special-use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance pursuant to § 45-24-42, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to § 45-24-42.
(5) An appeal from any decision made pursuant to this section may be taken pursuant to § 45-23-71.