A.
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 City Council.
B.
The Board, with the approval of the City Council,
may engage technical assistance to aid in the discharge of its duties.
The Director shall serve as staff to the Board. The City Solicitor
or Assistant City Solicitor shall serve as legal counsel to the Board.
C.
The Board shall establish written rules of procedure
within six months of the adoption of this chapter.
D.
Appeals and correspondence to the Board shall be sent
to the Board in care of the Director. The Director shall file all
records and decisions of the Board.
A.
The Zoning Board of Review shall consist of five members
who are residents of the City, appointed by the Mayor subject to approval
of the City Council, each to hold office for the term of five years;
provided, however, that the original appointments shall be made for
terms of one, two, three, four and five years, respectively.
B.
The Board shall also include two alternates to be
designated as the "first" and "second" alternate members for terms
of five 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 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.
C.
No member or alternate may vote on any matter before
the Board unless they have attended all hearings concerning such matter.
D.
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.
E.
Vacancies in unexpired terms of Board members shall
be filled by the Mayor no more than 90 days following the vacancy.
F.
Members may be removed upon recommendation of the
Mayor by the City Council for due cause.
Members of the Board serving on the effective
date of adoption of this chapter shall be exempt from provisions of
this Article respecting terms of originally appointed members until
the expiration of their current terms.
The Board shall, at its first meeting of each
calendar year, 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.
The Board shall have the following powers and
duties:
A.
To hear and decide appeals within 65 days of the date
of the filing of the appeal where it is alleged there is error in
any order, requirement, decision or determination made by an administrative
officer or agency in the enforcement of interpretation of this chapter.
[Amended 12-20-2023 by Ch. No. 3287]
B.
To hear and decide appeals from a party aggrieved by a decision of the Historic District Commission (HDC), pursuant to Article V.
C.
To authorize upon application, in specific cases of
hardship, variances in the application of the terms of this chapter.
D.
To authorize upon application, where specified in
this chapter, where the Board is designated as a permitting authority,
special use permits.
[Amended 12-20-2023 by Ch. No. 3287]
E.
To refer matters to the City Planning Commission,
Planning Department or to other boards or agencies of the City as
the Board may deem appropriate for findings and recommendations.
F.
To provide for issuance of conditional zoning approvals
where a proposed application would otherwise be approved except that
one or more state or federal agency approvals which are necessary
are pending. A conditional zoning approval shall be revoked, upon
motion of the Board, after a public hearing with due notice, in the
instance where any necessary state or federal agency approvals are
not received within a specified time period.
G.
To hear and decide such other matters according to
the terms of this chapter or other statutes and upon which the Board
may be authorized to pass under this chapter or other statutes.
H.
All members,
including alternate members, of the Zoning Board of Review shall be
required to participate in continuing education courses promulgated
pursuant to R.I.G.L. Title 45, Chapter 70, as amended, entitled "Continuing
education for local planning and zoning boards and historic district
commissions."
[Added 12-20-2023 by Ch. No. 3287]
[Amended 12-20-2023 by Ch. No. 3287]
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 excuse himself/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 the members of the Board sitting
at a hearing is necessary to reverse any order, requirement, decision
or determination of the HDC or any zoning administrative officer from
whom an appeal was taken.
C.
The concurring vote of a majority of the 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 chapter, including variances and special
use permits.
Application procedures for the filing of appeals,
request for variances, special use permits, development plan review,
site plan review and such other applications as may be specified in
this chapter shall be prepared by the Director and published.
[Added 10-23-1997 by Ch. No. 2470]
No application for a variance or special use
permit shall be accepted by the Secretary of the Board if an application
praying for the variance or special use permit has been denied or
the petitioner granted leave to withdraw within the preceding 12 months,
provided that such a petition or application may be accepted at any
time after 12 months with the consent of the majority of the members
of the Board, if it shall include an affidavit which, in the opinion
of said Board, sets forth facts indicating a substantial material
change of circumstances justifying a new hearing on said application
for variance or special use permit. A mere change of ownership shall
not constitute a substantial change of circumstances.
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.
A.
Following a public hearing, the Board shall render
a decision within 30 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
City Clerk within 30 working days from the date when the decision
was rendered and shall be a public record.
B.
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 Director 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.
C.
Any decision by the Board, including any special conditions
attached thereto, shall be mailed to the applicant and to the City
Planning Commission. Any decision evidencing the granting of a variance
or special use permit shall also be recorded in the land evidence
records of the City.
[Amended 12-20-2023 by Ch. No. 3287]
