Appeals to Zoning Board

A. An appeal may be taken by an aggrieved party to the Zoning Board from a decision of any other zoning enforcement agency or officer. The appeal shall be taken within 30 days of the date 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, a notice of appeal specifying the ground thereof. The officer or agency from whom the appeal is taken shall forthwith transmit to the Zoning Board all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the Planning Board.
B. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency or Zoning Enforcement Officer from whom the appeal is taken certifies to the Zoning Board, after an appeal shall have been duly filed, that by reason of facts stated in the certificate a stay would in the officer's or agency's opinion cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer or agency from whom the appeal is taken on due cause shown.
C. The Zoning Board shall fix a reasonable time for the hearing of the appeal within 45 days after the filing of an application for appeal, give public notice thereof, as well as due notice to the parties of interest, and decide the matter within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The cost of any notice required for the hearing shall be borne by the appellant.
D. Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation or law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.
E. In exercising its powers the Zoning Board may, in conformity with the provisions of R.I.G.L. § 45-24-27 et seq., reverse or affirm wholly or partly 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. All decisions and records of the Zoning Board respecting appeals shall conform to the provisions of R.I.G.L. § 45-24-61 and § 340-127 of this chapter.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).