Notice and public hearing
A. The zoning board of review shall conduct a public hearing on the variance application or special use permit application in a timely manner.
The zoning board of review shall hear and decided appeals within 65 days of the date of filing of the appeal where is it alleged there is an error in any order, requirement, decision, or determination made by an administrative officer or agency in the enforcement or interpretation of this chapter, or of any ordinance adopted pursuant to R.I.G.L. 45-24.
The board shall advertise the public hearing at least fourteen (14) days in advance in a newspaper of general circulation in Richmond.
B. The clerk of the zoning board of review shall send notice of the public hearing on an applicant for a variance, special use permit, or appeal to the applicant and to:
(Ord. dated 5-21-24)
1. The owners of property within two hundred (200) feet of the property that is the subject of the application, whether located in Richmond or an adjacent town.
2. The town council of any town adjacent to Richmond, if the subject property is located within two hundred (200) feet of the boundary of that town.
3. The town council of Richmond or any other town, if there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within that town and within two thousand (2,000) feet of the subject property.
4. The governing body of any state or municipal water department or agency, special water district, or private water company, or any private property owner, that has riparian rights to a surface water resource or surface watershed that is used or is suitable for use as a public water source and that is within two thousand (2,000) feet of the property that is the subject of the application, provided that the governing body of the state or municipal water department or agency, special water district, or private water company, or the private property owner, has filed with the Richmond building official a map survey, which shall be kept as a public record, showing the areas of surface water resources, watersheds, and parcels of land within two thousand (2,000) of the property that is the subject of the application.
(Ord. dated 5-21-24)
5. Any individual or entity holding a recorded conservation or preservation restriction on the property.
C. The notice shall include the applicant’s name and address and the street address and plat and lot number of the subject property, and shall describe the relief sought. The notice shall state the date, time, and location of the public hearing. The notice shall be sent by first class mail, postage prepaid, at least fourteen (14) days before the date of the hearing. The applicant shall pay the cost of the postage.
(Ord. dated 5-21-24)
D. At least 14 days before the date of the public hearing, the clerk of the zoning board of review shall advertise the public hearing notice in a newspaper that circulates in Richmond, and shall post the notice in the town clerk’s office, in the police station, and on the home page of the town’s website. The applicant shall pay the cost of the advertisement.
(Ord. dated 5-21-24)
E. Participation in a zoning board of review hearing by a party is not a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.
(Ord. dated 4-1-14; ord. dated 11-3-15)