Appeals

7.A. Appeal from a decision of the zoning inspector or administrative officer.

• • 1. An aggrieved party may appeal a decision by any official charged with enforcement or application of the zoning ordinance, including the administrative officer or the zoning inspector, to the zoning board of review.

  • 2. The appeal shall be taken within 15 days of the date of the decision or determination, or within 15 days of the date the appellant knew or should have known of the decision or determination. The appeal shall specify the grounds for the appeal and shall include a copy of the decision or determination appealed from.

  • 3. The appeal shall be filed with the clerk of the zoning board. The official shall immediately deliver to the clerk of the zoning board all of the documents constituting the record of the decision or determination appealed from. An appeal shall stay all proceedings in furtherance of the decision or determination appealed from unless the official certifies to the zoning board of review that a stay would cause imminent peril to life or property. In that case, the proceedings shall be stayed only by a restraining order issued by a court of competent jurisdiction.

  • 4. The zoning board of review shall conduct a public hearing on the appeal within 65 days of the date the appeal was filed, and shall give notice of the public hearing in the manner required by section 1.3.E of this ordinance.

  • 5. In exercising its powers the zoning board of review may reverse or affirm wholly or part and may modify the order, requirement, decision or determination appealed from and may make such orders, requirements, decisions or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken.

7.G. Appeal of a decision by the zoning board of review.

• • 1. A party aggrieved by a decision of the zoning board of review may file an appeal pursuant to R.I. Gen. Laws §§ 45-24-69 and 45-24-69.1 in the Washington County Superior Court with 20 days of the date the written decision was posted in the town clerk's office.

  • 2. The clerk of 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, the original applicant or appellant and the members of the zoning board shall be made parties to the proceedings.

  • 3. An aggrieved party who files an appeal in the Superior Court shall give notice of the appeal to those persons who were entitled to notice of the hearing before the zoning board of review. The notice shall be sent by first class mail within ten business days of the date the appeal was filed. The notice shall contain the date of the notice; the caption and civil action number of the case; the county in which the case was filed; the date the case was filed; the name, address, and telephone number of the attorney filing the appeal or of the aggrieved party. The notice shall state in boldface type that an appeal has been filed in the superior court, that the aggrieved party willl serve the complain on the named defendants; that persons receiving the notice may retain counsel and participate in the appeal so far as the law allows; and that the appeal is governed by R.I. Gen. Laws §§ 45-24-69 and 45-24-69.1. Within 20 days after the notices are sent, the aggrieved party shall file an affidavit in the court containing the names and addresses of the person to whom the notice was sent; the date the notice was sent; an affirmation that the notices were sent by first class mail, postage prepaid, in envelopes containing a return address; and the return address; and a list of the notices that were returned to the sender. A copy of the notice shall be attached to the affidavit.

7.H. Appeal of enactment of or amendment of the zoning ordinance.

• • 1. An appeal of an enactment of or an amendment to a zoning ordinance may be taken pursuant to R.I. Gen. Laws § 45-24-71 by filing a complaint in the Washington County Superior Court within 30 days after the enactment or amendment has become effective.

  • 2. The appeal may be filed by an aggrieved party, by a legal resident of Exeter, by an owner of real property in Exeter, or by an association of residents or property owners in Exeter.

  • 3. The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan or the manner in which it constitutes a taking of private property without just compensation.

  • 4. The appeal shall not stay the enforcement of the zoning ordinance, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.

(Ord. of 12-4-2023(1))