Procedure and adoption of rules
903.1. Chair. Immediately after any appointment of a member to the zoning board of review, the board shall elect a chairperson, vice-chairperson and secretary from its membership. The chairperson, or in his/her absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.
903.2. Submission requirements. The board's administrative rules shall, at a minimum, include application forms for each of the three types of appeals: applications for relief from a decision by the building official, application for variances and applications for special use permits. The following submission requirements shall accompany said applications: seven copies of a site plan drawn by a registered engineer, architect or surveyor at a scale of no more than 100 feet to the inch indicating:
(A) The parcel or parcels in question, showing existing zoning and use, including existing and proposed location and dimensions of principal and accessory buildings and structures on the site and any other pertinent information to enable the board to understand the nature of the request.
(B) Neighboring properties within a 200-foot radius, showing existing zoning, uses and ownership.
(C) Location of existing and proposed roads and sidewalks and the location, dimensions and number of off-street parking and loading spaces including guest parking spaces, if applicable.
(D) Location, dimensions, and design of existing and proposed signs and exterior illumination of the site, if applicable.
(E) Location of existing and proposed recreation facilities, open space, easements and/or rights-of-way, and utilities including water supply, sewage disposal, storm drainage, and electrical or gas service, if applicable.
(F) Soil types and, where regrading is proposed, existing and proposed grade contours at five-foot intervals (to be shown separately if necessary), if applicable.
(G) Location and type of existing and proposed major tree and shrub areas, flood hazard areas as defined by subsection 302.5 of this ordinance, and location and area of coastal or freshwater wetlands, as defined in section 200, if any.
(H) Location, dimensions and type of existing and proposed screening, fences, or walls, if appropriate.
(I) Proposed density, number of bedrooms per dwelling unit, and percentage of lot coverage as defined in section 200 of this ordinance, if applicable.
(J) General exterior architectural plans and elevations of all proposed structures indicating proposed style and materials, if applicable.
(K) Title block in the lower righthand corner of the site plan showing names of the property owner and developer, date of original plan and revisions, if any, north arrow, and a blank for the signature of the chairperson of the zoning board of review.
(L) The zoning board of review may waive any of the above, by majority vote, submittal requirements ([subsections] (A) through (K)) if it determines such are unnecessary.
903.3. Voting. The board shall be required to vote as follows:
(A) Four active members, which may include alternates, are 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 shall take no part in the conduct of the hearing. A maximum of five active members, which may include alternates, are entitled to vote on any issue.
(B) The concurring vote of a majority of members of the zoning board of review sitting at a hearing is necessary to reverse any order, requirement, decision, or determination of any zoning administrative officer from whom an appeal was taken.
(C) The concurring vote of a majority of members of the zoning board of review sitting at a hearing is 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.
903.4. Fees. Reasonable fees may be required, in an amount to be established by the city council, to be paid by the appellant or applicant for the adequate review and hearing of applications, issuance of zoning certificates and the recording of the decisions thereon.
903.5. Decisions and records of the zoning board of review.
(A) Following a public hearing, the board shall render a decision within 20 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.
(B) Decisions shall be recorded and filed in the office of the building official within 30 working days from the date when the decision was rendered, and shall be a public record. A copy of the decision shall be delivered to the city clerk for posting for 20 days, pursuant to section 908.
(C) 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 building official in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the board shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.
(D) Any decision by the board, including any special conditions attached thereto, shall be mailed to the applicant, to the planning board, 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 city.
(Ord. No. O-23-24, § I, 12-20-23)