Administration

A. Zoning Board of Review. A Zoning Board of Review, hereinafter called the "Board," is hereby created in accordance with Charter § 702. Reappointments or succeeding appointments shall be made at the regular meeting of the Town Council, in May of each year, to be effective on July 1 of each year. All members of the Board shall be legal residents of the Town of West Greenwich, and no member shall be an elected official or salaried employee of the Town of West Greenwich. Any member may be removed by the Town Council for due cause following a public hearing.
[Amended 7-11-2018]
B. Organization and operation of the Board.
- (1) Once each year, the Zoning Board of Review shall organize by electing from its membership a Chairman and Vice-Chairman. The Board may engage the services of a Clerk or Recorder within the limit of the funds available to it or may elect one of its members as Secretary.
- (2) 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. One alternate member of the Board shall sit as an active member 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.
  [Amended 7-11-2018]
- (3) In conducting hearings and arriving at its decisions, the Board shall consist of a minimum of four and a maximum of five participating members, which may include alternates. The concurring vote of a majority of members shall be necessary to reverse any order, requirements, decision or determination of the Zoning Inspector. The concurring vote of a majority of members shall be required to decide in favor of an applicant on any matter concerning a special use permit or variance, upon which the Board is required to act under this chapter.
  [Amended 12-13-2023]
- (4) The Board shall make a record of all its proceedings and actions, specifying the grounds for its decision, the vote of each member participating therein, and the absence of a member or his failure to vote. This record shall be available for review by the public at the office of the Town Clerk, and notice of the decision of the Board shall be sent to the Zoning Inspector.
C. Powers and duties of the Zoning Board of Review:
- (1) Appeals.
- (2) Special use permits.
- (3) Variances.
D. Appeals to the Zoning Board of Review. The Zoning Board of Review shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this chapter. 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.
- (1) Any such appeal shall be made in writing to the Town Clerk and the Zoning Board of Review within 15 days of the recording of the order or decision of the Zoning Inspector which is the subject of said appeal.
- (2) In the notice of appeal, the aggrieved party shall specify the grounds for said appeal.
- (3) Upon receipt of the notice of appeal, the Town Clerk shall transmit to the Zoning Board of Review all papers constituting the record upon which the appealed action was taken. Notice of the appeal shall also be transmitted to the Planning Board.
- (4) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Zoning Board of Review, after an appeal shall have been duly filed, that by reason of facts stated in the certificate a stay would, in the Inspector's opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application thereof and upon notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
- (5) The Zoning Board of Review shall hold a public hearing for the hearing of the appeal, give public notice thereof, as well as due notice to the parties of interest, and decide the matter within 65 days of the date of the filing of the appeal. Upon the hearing, any party may appear in person or by agent or by attorney. The cost of any notice required for the hearing shall be borne by the appellant.
  [Amended 7-11-2018]
E. Unified development review.
[Added 12-13-2023]
- (1) Unified development review established. There shall be unified development review for the issuance of variances and special use permits for properties undergoing review by development plan review and/or land development or subdivision review.
- (2) Public hearing. All land development and subdivision applications, and development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of R.I.G.L. § 45-23-50.1(d).
- (3) In granting requests for dimensional and use variances, the Planning Board shall be bound to the requirements of § 400-10 relative to entering evidence into the record in satisfaction of the applicable standards.
- (4) In reviewing requests for special use permits the Planning Board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance at § 400-9, and shall be required to provide for the recording of findings of fact and written decisions.
- (5) Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to R.I.G.L. § 45-23-71.