Powers
(a) The zoning board of review shall have the following powers and duties:
(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 in the enforcement or interpretation of this chapter, or of any ordinance adopted pursuant to this chapter, as per R.I.G.L. 2023 § 45-23-67.
(2) To hear and decide appeals from any decision or determination made by an administrative officer in accordance with R.I.G.L. 2023 § 45-23-67.
(3) To authorize upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to the state statutes and section 19-40, with the exception of variances issued by the planning board through the unified development review process.
(4) To authorize upon application, in specific cases special use permits, pursuant to the general laws of state and section 19-39, with the exception of special use permits issued by the planning board through the unified development review process.
(5) To refer matters to the planning board or to other boards or agencies of the city as the zoning board of review may deem appropriate, for findings and recommendations.
(6) 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.
(7) To hear and decide such other matters, according to the terms of this article or other statutes, and upon which such board may be authorized to pass under this chapter or other statutes.
(b) Appeals of zoning board of review decisions shall be as follows:
(1) An aggrieved party may appeal a decision of the zoning board of review to the superior court for the county by filing a complaint setting forth the reasons of appeal within 20 days after such decision has been recorded and posted in the office of the city clerk. The decision shall be posted in a location visible to the public in the city hall for a period of 20 days following the recording of the decision. The zoning board of review shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant such original applicant or appellant and the members of the zoning board shall be made parties to such proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.
(2) When an appeal results in a decision by a court of competent jurisdiction, which overturns a decision of the zoning board of review recorded in the city land evidence records, the city solicitor's office shall record notice of the court's decision in the city land evidence records.
(Rev. Ords. 1987, § 19-38; Ch. 914, § I(Att.), 12-19-23)
State Law reference— Powers and duties of zoning board of review, R.I.G.L. 1956, § 45-24-57 et seq.