Zoning Board of Review
A. Establishment. A zoning board of review, herein called the board, is hereby created. Board members may be remunerated in the performance of official duties, at an amount to be established by the town council. The board, with the approval of the town council may engage technical or clerical assistance to aid in the discharge of its duties. The town solicitor or special legal counsel shall serve as legal counsel to the board. Appeals and correspondence to the board shall be sent to the board in care of the officer. The officer shall file all records and decisions of the board.
B. Membership. The zoning board shall consist of five (5) members, appointed by the Town Council, each to hold office for the term of five (5) years; provided, however, that the original appointments shall be made for terms of one (1), two (2), three (3), four (4), and five (5) years respectively. The board shall also include three (3) alternates, to be appointed by the Town Council, to be designated as the first, second and third alternate members, for terms of five (5) years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the Board is unable to serve at a hearing and the second shall vote if two (2) members of the Board are unable to serve at a hearing and the third shall vote if three (3) members of the Board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. In the absence of the second alternate member, the third alternate shall serve in the position of the second alternate. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning such matter. No member or alternate may participate in any way whatsoever on any matter for which they would have a conflict of interest as defined by the Rhode Island law and the Rhode Island Ethics Commission.
C. Prior members. Members of the board serving on the effective date of adoption of this ordinance shall be exempt from provisions of this article respecting terms of originally appointed members until the expiration of their current terms.
D. Qualifications of members. All members of the board shall be residents of the town and no member shall be an elected official or salaried or otherwise paid employee of the town. Appointees shall be reasonably expected to serve the full term. Each member of the board shall be required to attend at least two (2) hours of training each year, provided that such training is arranged each year, either in-house or through outside agencies, by the officer.
E. Vacancies and removal. If a vacancy occurs on the board, for whatever reason at any time, the town council shall appoint a new member for the remainder of the unexpired term. Members of the board may be removed from office for cause, including failure to maintain qualifications of membership, by a majority vote of the town council upon written charges and after a public hearing.
F. Rules of procedure. The board shall establish written rules of procedure, in keeping with the provisions of this ordinance, within six (6) months of the adoption of this ordinance.
G. Organization. Once a year, during the month of June, the board shall organize by electing from its membership a chairman or chairwoman (hereinafter chair) and vice-chairman or vice-chairwoman (hereinafter vice-chair). The board may engage the services of a clerk and a stenographer within the limits of the funds available to it or may appoint one (1) of its members as secretary.
H. Meetings.
1. The board shall prepare a schedule of its regular meetings, on a calendar year basis, and have such schedule posted each year in the town hall. Special meetings of the board may be called and public notice given when necessary at the discretion of the chair. In addition, the board shall post a copy of the agenda for any scheduled regular or special meeting in the town hall and at any other location(s) deemed proper at least seventy-two (72) hours prior to said meeting.
2. The chair, or in his or her absence the vice-chair or other replacement, shall govern the meeting, decide the order in which applications or appeals are to be heard, and administer oaths.
3. The chair, or in his or her absence the vice-chair or other replacement, may compel the attendance of witnesses by subpoena.
I. Powers and duties. The board shall have the following powers and duties:
1. To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by an administrative officer or agency in the enforcement or interpretation of this ordinance.
2. To hear and decide appeals from a party aggrieved by a decision of the historic district commission or the planning board.
3. To authorize upon application, in specific cases of hardship, variances in the application of the terms of this ordinance.
4. To authorize upon application, where specified in this ordinance, special use permits.
5. To refer matters to the planning board, planning director, utilities director, director of public works, historic district commission, conservation commission, or to other officials, boards or agencies of the town as the board may deem appropriate, for findings and recommendations.
6. 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 may be revoked only pursuant to the requirements of section 908.
7. To hear and decide such other matters, according to the terms of this ordinance or other statutes, and upon which the board may be authorized to pass under this ordinance or other statutes.
J. Voting. The board shall be required to vote as follows:
1. Four (4) active members, which may include alternates, shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself/herself, and shall not sit as an active member and shall take no part in the conduct of the hearing. A maximum of five (5) active members shall be entitled to vote on any issue.
2. The concurring vote of a majority of members of the board sitting at a hearing shall be necessary to reverse any order, requirement, decision or determination of the historic district commission, planning board or any administrative officer from whom an appeal was taken.
3. The concurring vote of a majority of members of the board 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 this ordinance, including variances and special use permits.
1. Five (5) active members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself/herself, and shall not sit as an active member and shall 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 board sitting at a hearing shall be necessary to reverse any order, requirement, decision or determination of the historic district commission, planning board or any administrative officer from whom an appeal was taken.
3. The concurring vote of four (4) of the five (5) members of the board 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 this ordinance, including variances and special use permits.
K. Application procedure.
1. Application procedures for the filing of appeals and applications for variances and special use permits, shall be prepared by the officer and published.
2. An application may be made by any person, group, agency or corporation, provided that the owner or owners of the subject property must join in any application by signing the application. If the owner or an attorney representing the owner is not present at the hearing, then a notarized designation of authority from the owner must be provided to the board by the person or persons presenting the case. An application from a corporation must be signed by its attorney or duly authorized officer of the corporation.
3. The officer shall transmit a copy of the zoning board's agenda to the director of the department of planning, who may comment on any application, either in writing or by personal appearance by himself or designee. In addition, upon receipt of an application for a variance or special use permit, the zoning board may request that the planning board and/or the director of planning review such application and report its/his findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan, in writing to the zoning board within thirty (30) days.
4. All applications shall be accompanied at the time of filing by a plot plan, drawn to scale, showing the location of all lot and street lines, existing and proposed structures, utilities, wells, sewage disposal systems of the property which is the subject of the appeal or application. All applications shall also be accompanied by a radius map showing the two hundred-foot radius from the property, drawn to scale, showing lot and street lines and approximate location of structures of premises adjacent to the property which is the subject of the appeal or application, and any other information as may be required by the rules of the board.
5. Any person filing an application for a modification, special use permit, or variance, or filing an appeal from a decision of the officer or other appropriate town official, shall at the time of said filing pay to the town the appropriate filing fee. Said fees shall be established by resolution of the town council from time to time.
L. Hearing and notice. The board shall hold a public hearing on any application for variance or special use permit, or on any appeal, in an expeditious manner after receipt, in proper form, of a complete application, and shall give public notice thereof at least fourteen (14) days prior to the date of the hearing, which notice shall include the precise location of the subject property, including the street address, and a description of the relief sought or the action appealed from, as follows:
1. In a newspaper of general circulation in the town, and
2. By certified mail, return receipt required, to:
(a) All owners of the subject property in question; and
(b) All property owners of record of land within two hundred (200) feet of the property, which is the subject of the application, whether within the town or within an adjacent city or town; and
(c) The city or town council of any other city or town to which one (1) or more of the following pertain:
(1) Which is located within not less than two hundred (200) feet of the boundary of the subject property; or
(2) Where 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, within two thousand (2,000) feet of the subject property, regardless of municipal boundaries; and
(d) The governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/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 subject property, provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the Officer a map survey, which shall be kept as public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand (2,000) feet thereof.
3. A list of the names and addresses of parties to be sent notice shall be determined from public record. For property owners, the applicant or appellant shall use the last known address of the owners, as shown on the current real estate tax assessment records of the town in which the property is located. Proof of such mailing shall be established by the applicant or the appellant filing an affidavit of such notice and the return receipts with the clerk of the board.
M. Decisions and records of the Zoning Board of Review.
1. Following the close of a public hearing, the board shall render a decision within forty-five (45) calendar days. The board shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the officer within thirty (30) working days from the date when the decision was rendered, and shall be a public record.
2. The board shall keep written minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the officer in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the Superior Court or Supreme Court, the board shall have the minutes taken by a competent stenographer.
3. Any decision by the board, including any special conditions attached thereto, shall be mailed to the applicant or appellant, and to the Associate Director of the Division of Planning of the Rhode Island Department of Administration. Any decision evidencing the granting of a variance or special use permit shall also be recorded in the land evidence records of the town.
(Ord. of 7-25-22(1); Ord. of 12-11-23(2))