Appeals

§ 709 Appeals

A. Appeals to the Zoning Board of Review. As required by Rhode Island law, an appeal shall stay all proceedings in furtherance of the action being appealed from unless the official, officer or agency from whom the appeal is taken certifies to the Zoning Board of Review, after an appeal has been duly filed, that by reason of facts stated in the certificate a stay would, in the official's, 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 official, officer or agency from whom the appeal is taken on due cause shown.

1. Appeal. Appeals to the Zoning Board of Review may be taken by any party aggrieved by any decision of any official, officer or agency charged in this Ordinance with the enforcement of any of its provisions.

2. Procedure. All appeals to the Zoning Board of Review shall be made in accordance with the following procedure:

a. Time for an Appeal. An appeal shall be brought within twenty (20) days of the date the appellant received the decision or the date on which the appellant knew or should have known of the decision. [Amended 3-5-2018 by Ord. No. 2018-09]

b. Submittal Requirements. An appeal shall be instituted by filing a notice of appeal which, at a minimum shall: identify the specific decision appealed from including the date of the decision, and shall include a copy of the decision; explain the applicant's standing to bring the appeal; describe the specific grounds for the appeal including a detailed explanation of the reason why the decision was in error; include a reference to the governing provisions of the Ordinance; include any plans, documents, reports or information supporting the appeal; include a radius map and list of the names and addresses of all property owners within 200 feet of all the property lines of the subject property.

c. Filing of a Notice of Appeal. A notice of appeal, with all the material constituting the appeal, shall be filed with the officer, official or agency from whom the appeal is taken and with the Zoning Board of Review.

d. Filing Fee. The filing fee for a notice of appeal shall be that set by the Town Council hereunder for any other application but shall include an additional fee sufficient to cover the cost of the required certified mail notices and the time incurred in mailing said notices.

e. Transmission of the Record. The officer or agency whose decision is being appealed shall immediately forward all records relevant to the appeal to the Zoning Board of Review.

f. Public Hearing. A public hearing on the appeal shall be scheduled by the clerk, or Zoning Official, for the very next scheduled meeting of the Zoning Board of Review for which the public notice requirements of § 702B Notice Requirements can be met.

g. Notice. Notice of the public hearing, as required by law and as set forth in § 702(B)(2) and (3) of this Ordinance shall be sent by the clerk of the Zoning Board, or Zoning Official.

3. Review and Disposition. The Zoning Board of Review may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or partly, and may modify the order, requirement, decision, or determination appealed from. The Zoning Board of Review may make such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken. Decisions of the Zoning Board of Review on appeals shall be rendered within 65 days of the date the appeal was filed. [Amended 3-5-2018 by Ord. No. 2018-09]

4. Decisions and Records. All decisions and records shall be rendered and maintained in accordance with Section 603(C). (Section Amended May 4, 1998) [Amended 3-5-2018 by Ord. No. 2018-09]