Zoning board of review hearing and decision

A.  Notice shall be given and the appeal shall be heard in the same manner as applications for variances and special use permits are heard pursuant to chapter 18.52 of this Title. Any party may appear in person or by agent or attorney.

B.  The zoning board of review may reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from, and may make any orders, requirements, decisions, or determinations that ought to be made, and to that end has the powers of the zoning enforcement officer. The concurring votes of three (3) of the five (5) voting members are required to reverse any order, requirement, decision, or determination by the zoning enforcement officer.

C.  The zoning board of review decision shall be issued in the same manner as decisions on  variances and special use permits pursuant to Chapter 18.52 of this Title. 

D.  An aggrieved party may appeal the decision of the zoning board of review to the superior court in the same manner that appeals are taken from other zoning board of review decisions under Chapter 18.52 of this Title.

(Ord. dated 4-1-14)

18.060.040  Violations – penalties – injunctive relief.

A.  Any violation of the provisions of this Title, or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer, shall be punishable by a fine of not more than five hundred dollars ($500). Each day of violation shall constitute a separate offense.

B. The town may bring suit in the district court, the superior court, or a duly authorized municipal court to impose a fine for violation of this title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer; to compel compliance this Title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer; or to restrain violation of this Title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer. An action for the imposition of a fine may be consolidated with an action for injunctive relief in the superior court. The suit may seek:

1. To restrain the erection, alteration, or use of any building, structure, sign, or land erected, altered, or used in violation of the provisions of this Title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer, and to order its removal or abatement; and

2. To compel compliance with the provisions of this Title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer; and

  3. To order the removal by the property owner of any building, structure, sign, or improvement existing in violation of this Title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer, and to authorize the zoning enforcement officer, in the case of default by the property owner, to remove it at the property owner’s expense; and

  4. To order reimbursement to the town for any work or materials done or furnished by or at the cost of the town; and

5. To order restoration by the property owner, where practicable; and

6. To impose fines and other penalties for violation of this title or any terms or conditions imposed by any decision of the zoning board of review or the zoning enforcement officer.

(Ord. dated 4-1-14)

REFERENCES: R.I. Gen. Laws §§ 45-24-31(65), 54, 60, 62, 63, 64, 65, 68; Zoning Board of Review Rules of Procedure for the Submission and Consideration of Petitions, as amended.