Procedure[s] for appeals, special use permits and variances
Procedures for appeals, special use permits and variances are as follows:
A. Appeals to the zoning board may be taken by any person aggrieved or by any officer, department, board or bureau affected by any decision of the zoning enforcement officer in the enforcement of this chapter. Such appeal shall be taken within 30 days as provided by the rules of the zoning board by filing with the zoning enforcement officer and with the board a notice of appeal specifying the grounds thereof. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning enforcement officer certifies to the zoning board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would in his opinion, cause imminent peril to life or property. In such cases, proceedings shall be stayed only by a restraining order which may be granted by the zoning board or by a court of competent jurisdiction on application thereof and upon notice to the officer from whom the appeal is taken and on due cause shown.
B. Applications for special use permits or variances shall be filed directly with the town clerk as provided by the rules of the zoning board.
C. The zoning board shall fix a reasonable time for the hearing of the application; shall publish notice thereof in a newspaper of local circulation in the Town of Jamestown at least once each week for three successive weeks prior to the date of such hearing; shall give due notice to the applicant and the owners of property surrounding the property in question by registered or certified mail at least seven days prior to the date set for the hearing. The cost of any notice required for the hearing shall be borne by the appellant.
1) In all zoning districts, a list of the owners of property within 200 feet of the property in question shall be determined from public record and submitted by the applicant. The board shall hear and decide the appeal, special use permit, or variance within 65 days of the date of the filing of the application or appeal. Any party may appear at the hearing in person, by agent or by attorney.
D. The zoning board shall render a decision within 15 days after the close of a public hearing. The board shall include in its decision all 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 zoning board within 30 days from the date when the decision was rendered and shall be a public record. The zoning 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 zoning board 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 zoning board shall have the minutes taken either by a competent stenographer or recorded by a sound recording device. Any decision by the zoning board, including any special conditions attached thereto, shall be mailed to the applicant, the zoning enforcement officer, and 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 Town of Jamestown.
E. The zoning board shall establish written rules of procedure, a mailing address to which appeals and correspondence to the zoning board shall be sent, and an office where records and decisions shall be filed. The zoning board shall also establish appropriate forms and submission and resubmission requirements, which shall be reviewed not less than once every five years and amended, if necessary.
(Ord. of 2-3-2025(1), § 1(Exh. A))