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East Greenwich
Town of East Greenwich Zoning Ordinance
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§ 260-90

Review of appeals

[Amended 9-22-2014 by Ord. No. 838]

  • A. Appeals to Zoning Board of Review. An appeal to the Zoning Board of Review from a decision, order, requirement or determination made by an administrative officer or agency such as the Historic District Commission or Planning Board may be taken by an aggrieved party. The appeal shall be taken within 30 days of the recording of the decision by the 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 grounds of the appeal. Said appeal shall be accompanied by a radius map showing all real property within 200 feet of the subject property and a list of all real property owners therein for purposes of notification consistent with § 260-89C of this chapter. The officer or agency from whom the appeal is taken shall promptly 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 officer, agency or board from whom the appeal is taken.
  • B. Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action being appealed.
  • C. Public hearing by Zoning Board of Review. The Zoning Board of Review shall hear the appeal within 45 days of the receipt of the appeal. Public notice is to be provided, at least 14 days prior to the date of the hearing in a newspaper of general circulation. Notice of the hearing, which shall include the street address of the subject property, shall be sent by first-class mail, postage prepaid, to the appellant and to those requiring notice under § 260-89C of this chapter. The cost of any notice required for the hearing shall be borne by the appellant.
  • D. Procedure for zoning hearing. The hearing of any appeal shall be at a separate meeting, distinct from the hearing of any variance or special use permit, although such hearings may be held on the same day or night. At the hearing, any party may appear in person or by agent or attorney. The officer or a designated individual of the agency, commission or board from whom the appeal is taken shall appear before the Zoning Board at the hearing to represent such agency, commission or board. The Board shall render a decision within 10 days of the close of the public hearing.
  • E. Decisions; standards of review.
    • (1) Review of Planning Board or Historic District Commission decisions.
      • (a) In instances of the Board of Appeal's review of a Planning Board or Historic District Commission decision, the Board of Appeal shall not substitute its own judgment for that of the Planning Board or Historic District Commission but must consider the issue upon the findings and record of the Planning Board or Historic District Commission. The Board of Appeal shall not reverse a decision except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.
      • (b) The concurring vote of three of the five members of the Board of Appeal sitting at a hearing is necessary to reverse any decision of the Planning Board or Historic District Commission.
      • (c) In the instance where the Board of Appeal overturns a decision of the Planning Board or Historic District Commission, the proposed project application is remanded to the Planning Board or Historic District Commission, at the stage of processing from which the appeal was taken, for further proceedings and/or for the final disposition, which shall be consistent with the Board of Appeal's decision.
      • (d) The Board of Appeal shall keep complete records of all proceedings, including a record of all votes taken, and shall put all decisions on appeals in writing. The Board of Appeal shall include in the written record and the reasons for each decision.
    • (2) In exercising its powers with respect to all other appeals, the Zoning Board of Appeal may reverse or affirm wholly or partly and may modify the order, requirement, decision or determination appealed from and may make any orders, requirements, decisions or determinations that ought to be made, and to that end has the powers of the officer from whom the appeal was taken.