Zoning board of review
A. Membership. A zoning board of review, hereinafter called the board is hereby created. The board shall be appointed by the town council and shall consist of five (5) regular members and three (3) auxiliary members. Each regular member shall be appointed for a term of five (5) years, except for members who are appointed to fill unexpired terms. The auxiliary members shall be appointed for a term of one (1) year. If a vacancy occurs in the board, the town council shall appoint a new member for the unexpired term. All members of the board shall be residents of the Town of Scituate and no member shall be an elected official or salaried employee of the town.
B. Organization. At its first meeting and at intervals of one (1) year thereafter the zoning board of review shall organize by electing from its membership a chairman and a vice-chairman. The board may engage the services of a secretary within the limit of the funds available to it or may appoint one of its membership as secretary.
Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the vice-chairman, may administer oaths and compel the attendance of witnesses and the submission of data. An auxiliary member of the board shall sit as an active member upon the request of the chairman when and if a member of the board is unable to serve at any hearing. All hearings of the board shall be open to the public. In conducting hearings and arriving at its decisions the board shall consist of five (5) participating members.
The board shall make a record of all its proceedings and actions, indicating its reasons for its decisions, the vote of each member participating therein, and the absence of a member or his failure to vote. This record shall be filed immediately in the office of the town clerk and shall be available for review by the public.
C. Powers of the zoning board of review. The board shall have the powers set forth in section 45-24-27 of the General Laws as follows:
(1) Pursuant to section 45-24-16 of the General Laws to hear and decide appeals where it is alleged there is error in any order, requirement, decision, determination made by the zoning inspector or building inspector in the enforcement of this ordinance. Appeals must be taken within thirty (30) days by filing with the officer from whom the appeal is taken and with the zoning board of review a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. In using this power the board may reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the zoning inspector from whom the appeal was taken.
(2) To hear and decide appeals from a party aggrieved by a decision of an historic district commission, pursuant to sections 45-24.1-7.1 and 45-24.1-7.2 of the General Laws.
(3) To hear and decide appeals where the zoning board of review is appointed as the board of appeals for airport zoning regulations pursuant to section 1-3-19 of the General Laws.
(4) To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to section 45-24-41 of the General Laws.
(5) To authorize, upon application, in specific cases, special use permits, pursuant to section 45-24-42(A) of the General Laws.
(6) To refer matters to the planning board or commission, or to other boards or agencies of the town as the zoning board of review may deem appropriate, for findings and recommendations.
(7) To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved, except that one (1) or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period.
(8) To hear and decide other matters, according to the terms of the ordinance or other statutes, and upon which the board may be authorized to pass under the ordinance or other statutes; and
(9) An appeal from a decision of the zoning board may be taken by an aggrieved party to the Superior Court for Providence County.
(10) To hear and decide special use permits to the terms of this ordinance, according to the provisions set forth as follows:
A use designated as special use in article II or elsewhere in this ordinance shall be permitted by the board following a public hearing if such use meets the following requirements:
A. It will be compatible with the neighboring land uses.
B. It will not create a nuisance in the neighborhood.
C. It will not hinder the future development of the town.
D. It will be in conformance with the purposes and intent of the comprehensive plan and the zoning ordinance.
In granting a special use permit, the board may impose such additional safeguards and conditions on the proposed use as are deemed necessary in order to conform to these requirements. The disregarding of any such condition or safeguard shall be considered as a violation. Following its establishment, any use which is listed as a "Special Use" in the district in which it is located, shall be considered as a permitted use.
(11) To authorize upon application in specific cases such variance to the application of the terms of this ordinance according to the provisions set forth as follows:
The applicant for a variance from the provisions of this ordinance shall show to the satisfaction of the board that such relief will not be contrary to the public interest and that owing to special or peculiar conditions[,] enforcement of the provisions of this ordinance would result in unnecessary hardship to the applicant.
The unnecessary hardship which an applicant seeks to avoid shall not have been imposed by any prior action of the applicant or his predecessors in title. Such hardships shall arise only from special or peculiar site conditions or features of the land or structure in question rather than from physical infirmities of the applicant or merely from the desire to realize greater monetary gain.
In granting relief from the provisions of this ordinance, the zoning board of review shall grant the least variance from the provisions needed to remove the unnecessary hardship and may impose any condition or safeguard as may be deemed in the public interest.
(12) To authorize upon application in specific cases deviations (dimensional variances) from district dimensional regulations where a literal enforcement of the provisions of article III would result in an unnecessarily harsh restriction. The applicant must show that there would be adverse effect from literal enforcement amounting to more than mere inconvenience. The applicant for a deviation shall show to the satisfaction of the board that such relief will not be contrary to the public interest.
(13) In granting a variance, the zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
(a) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant;
(b) That the hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain;
(c) That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan upon which the ordinance is based; and
(d) That the relief to be granted is the least relief necessary.
(14) The zoning board of review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
(a) In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and
(b) In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, which shall mean that there is not other reasonable alternative to enjoy a legally permitted beneficial use of one's property. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
(15) In granting a variance or in making any determination upon which it is required to pass after a public hearing under a zoning ordinance, the zoning board of review may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan and the zoning ordinance of the town. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:
(1) Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;
(2) Controlling the sequence of development, including when it must be commenced and completed;
(3) Controlling the duration of use or development and the time within which any temporary structure must be removed;
(4) Assuring satisfactory installation and maintenance of required public improvements;
(5) Designating the exact location and nature of development; and
(6) Establishing detailed records by submission of drawings, maps, plats or specifications.
(16) Expiration of a special exception or variance. Any authorized special exception or variance which is not implemented within a period of one (1) year from the date of action by the board shall be void unless, upon written request of the applicant or appellant, the board grants an extension, provided that not more than one (1) such extension for a period of six (6) months may be granted.
D. Procedure for appeals, special use permits, variances or deviations. Appeals to the board may be taken by any party aggrieved or by an officer, board or bureau affected by any order or decision of the zoning inspector or building inspector concerning the provisions of this ordinance. Such appeal shall be taken within thirty (30) days of such order or decision by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings pursuant to section 45-24-70 of the General Laws.
An application for a special use permit, variance or deviation shall be filed directly with the board specifying the grounds for the application.
In filing for an appeal, variance, deviation or special use permit, the applicant, in addition to filing plans and specifications supporting the request, shall accompany the request with a list of property owners within three hundred (300) feet of the perimeter of the property in question and a[n] application filing fee of one hundred fifty dollars ($150.00) payable to the Town of Scituate.
The board shall fix a reasonable time for the hearing of an appeal or an application for a special use permit, deviation or variance. It shall publish notice of the hearing at least fourteen (14) days prior to the date of such hearing in a newspaper of general circulation in the town; shall give notice (which such notice shall include the street address of the property) by regular mail at least fourteen (14) days prior to the date of such hearing to the applicant, owners of property within three hundred (300) feet of the perimeter of the property in question, and other parties in interest; and shall hear and decide the appeal within a reasonable time. Any party may appear at the hearing in person, by agent or by attorney.
Appeals from decisions of the zoning board of review shall be in the manner provided by statute.
E. [Requirements of the board to vote]. The board shall be required to vote as follows:
(1) Five (5) active members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself, shall not sit as an active member, and take no part in the conduct of the hearing. Only five (5) active members shall be entitled to vote on any issue;
(2) The concurring vote of three (3) of the five (5) members of the zoning board of review sitting at a hearing shall be necessary to reverse any order, requirement, decision or determination of any zoning administrative officer from whom an appeal was taken; and
(3) The concurring vote of four (4) of the five (5) members of the zoning board of review sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the board upon which it is required to pass under the ordinance, including variances and special use permits.
(Ord. of 4-10-97; Ord. of 4-9-98; Ord. of 1-8-04)