A.
A Zoning Board of Review, hereinafter referred to
as the Board, is hereby created. The Board shall consist of five members
appointed by the Town Council. The membership of the Board at the
time of enactment of this chapter shall be continued for the remainder
of their respective terms, at which time successors shall be appointed.
Each member of the Board shall be appointed for a term of five years;
provided, however, that the original appointments shall be made for
terms of one, two, three, four and five years, respectively. The Zoning
Board of Review shall also include three alternates to be designated
as the first, second and third alternate members, appointed by the
Town Council for a term not to exceed five years.
[Amended 9-14-2020 by Ord. No. 2020-16]
B.
All members shall serve until their successors are
duly appointed and qualified. Members shall be legal residents of
the Town of Barrington, and no member shall be an official of the
Town elected in a general election or a salaried employee of the Town
of Barrington. If any vacancy occurs in the membership of the Board,
the Town Council shall fill such vacancy for the remainder of the
unexpired term. The Town Council may also remove any member for cause
shown.
The Zoning Board of Review shall organize annually
by electing a Chair from its own membership. The Board may engage
the services of a Secretary within the limitation of the funds appropriated
to it for that purpose, or may elect one of the membership as Secretary.
The Board shall, from time to time, adopt such rules as it may deem
necessary to carry out the duties assigned to it by this chapter.
A.
Meetings of the Board shall be held at the call of
the Chair, or at such time as the Board may vote. The Chair may administer
oaths and compel the attendance of witnesses and the submission of
data pertinent to the subject of the meeting.
B.
The Board shall, at all times, consist of four or
five active members when conducting hearings and arriving at a decision.
The alternate members may sit and actively participate in hearings.
The first alternate shall vote in the absence or disqualification
of one regular member, and the second shall vote in the absence or
disqualification of two regular members. In the absence of the first
alternate member, the second alternate member shall serve in the position
of the first alternate. No member or alternate may vote on any matter
before the Board unless they have attended all hearings concerning
that matter.
[Amended 12-4-2023 by Ord. No. 2023-12]
The Zoning Board of Review shall have the powers
and duties as described below:
A.
To hear and decide appeals where it is alleged that
there is error in any order, requirement or determination of the Building
Official/Zoning Enforcement Officer in the enforcement of this chapter,
with the exception of modifications denials, which shall be reviewed
as dimensional variance requests. In exercising this power, the Board
may affirm, reverse or modify the order, requirement or determination
appealed from, and may make such order, requirement or determination
as ought to be made, and to that end shall have all of the powers
of the Building Official/Zoning Enforcement Officer from whom the
appeal was taken.
[Amended 12-4-2023 by Ord. No. 2023-12]
B.
To hear and decide applications for variances under the provisions of Article XIII of this chapter, to provide relief from the following:
(2)
The dimensional requirements of Article VI[1] relating to lot area, frontage, building coverage, setback and building height, including that for nonconforming structures under the provisions of Article IX. This includes requests for modifications (outlined in § 185-40) that receive written objection.
[Amended 12-4-2023 by Ord. No. 2023-12]
[1]
Editor's Note: The Dimensional Regulations
Table is now located at the end of this chapter.
D.
To refer matters to the Planning Board, or to other
boards and commissions of the Town, as the Zoning Board of Review
may deem appropriate, for findings and recommendations.
E.
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 in the
instance where any necessary state or federal agency approvals are
not received within a specified time period.
F.
To hear and decide other matters, according to the
terms of this chapter or other statutes, and upon which the Board
may be authorized to pass under the ordinance or other statutes.
G.
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 12-4-2023 by Ord. No. 2023-12]
A.
Appeals to the Board may be taken by any person aggrieved or by any officer, department, board, corporation or other entity affected by any decision of the Building Official/Zoning Enforcement Officer concerning the provisions of this chapter, with the exception of modifications denials, which shall be reviewed as dimensional variance requests. Such appeal shall be taken within a reasonable period of time after such decision by filing with the Building Official/Zoning Enforcement Officer and with the Zoning Board of Review a notice of appeal specifying the grounds for the appeal. Upon notification of an appeal, the Zoning Board Clerk shall immediately transmit all records of the decision which has been appealed to the Board, who shall hold a public hearing under the provisions of § 185-62.
[Amended 12-4-2023 by Ord. No. 2023-12]
B.
Any appeal must be made on forms provided for that
purpose and must be accompanied by a filing fee of such amount as
may be set by the Town Council from time to time,[1] payable to the Town of Barrington and returnable only
in the event that the appeal is withdrawn prior to the publication
of official notice of the public hearing.
C.
The Board shall hear and decide appeals within 65 days of the date
of a completed application for an appeal.
[Added 1-5-2015 by Ord.
No. 2014-6]
D.
Cost of
the appeal shall be borne by the aggrieved party.
[Added 12-4-2023 by Ord. No. 2023-12]
An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Building Official certifies
to the Board that a stay, in their opinion, would cause imminent peril
to life and property. In such case, proceedings shall be stayed only
by a restraining order which may be granted by the Board or by a court
of competent jurisdiction on application therefor and upon notice
to the Building Official and for due cause shown.
[Amended 12-4-2023 by Ord. No. 2023-12]
A.
An application for a variance or special use permit
shall be filed on forms provided for that purpose in the office of
the Building Official/Zoning Enforcement Officer. Upon receipt of
an application, the Zoning Board Clerk shall immediately transmit
such application to the Zoning Board of Review, who shall hold a public
hearing under the provisions of § 85-62.
B.
Where an application for a variance or special use permit also requires review by the Planning Board under the provisions of Article XXIV of this chapter, relating to design and site plan review or the Land Development and Subdivision Regulations, Chapter 200, the application shall be submitted as part of the application materials to the Planning Board under unified development review process as defined in § 185-5.
C.
An application for a variance or special use permit
shall be accompanied by a filing fee as set by the Town Council from
time to time, payable to the Town of Barrington and returnable only
in the event that the application is withdrawn prior to publication
of notice of public hearing.
Applications for variances or special use permits
shall be accompanied by a site plan for the proposed development.
Such site plan shall be drawn to scale and shall show all existing
and proposed structures, parking spaces, driveways and driveway openings,
outside storage areas and signs. It shall also show all water bodies
and all landscape features such as fences, walls, planting areas,
walks and buffer strips, and such other information as may be required
by the Board. In appropriate circumstances, strict compliance with
some of the requirements of this provision may be excused or waived
by the Board where strict compliance is unnecessary given the size
or scope of the project involved. In every case, however, the site
plan with all structural improvements or additions shall be drawn
to scale in relation to lot lines.
A.
Upon receipt of an appeal or an application for a
variance or special use permit, the Board shall schedule a public
hearing thereon within a reasonable time. Notice of such hearing shall
be published in a newspaper of local circulation in the Town of Barrington
at least 14 days in advance of the date of the public hearing. The
same notice shall be posted in the Town Clerk's office and one other
municipal building in the Town, and the Town must make the notice
accessible on the website homepage at least 14 days prior to the hearing.
Notice of such hearing shall also be mailed to the applicant and to
owners of land within 200 feet of the property involved, including
the owner, applicant, and property owners in any adjacent community
by first-class mail. The cost of the newspaper and mailing notification
shall be borne by the applicant.
[Amended 12-4-2023 by Ord. No. 2023-12]
B.
In addition, notice shall be forwarded to the Town
or City Council of any adjacent community where there is a public,
quasi-public or private water source lying within 2,000 feet of any
area affected by the proposed action, and to any other party or agency
deemed by the Board to be affected by action on the application. Any
party may appear and be heard at the public hearing in person, or
by agent or attorney.
C.
For any proceedings in which the right of appeal lies
to the Superior Court in the State of Rhode Island, the Board shall
have the minutes taken by either a competent stenographer or recorded
by a sound-recording device.
[Amended 12-4-2023 by Ord. No. 2023-12]
Following a public hearing, the Zoning Board
of Review shall issue findings and conclusions supporting its decision
irrespective of whether the decision is to grant or deny the application
or appeal before the Board. In granting a variance or special use
permit, the Board may apply such special conditions that may, in the
opinion of the Board, be required to promote the intent and purposes
of this chapter and the Comprehensive Plan. Failure to abide by any
special conditions attached to an approval shall constitute a zoning
violation. Such 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 the following:
A.
Physical amenities such as screening, setbacks, buffer
zones and others, to prevent nuisance to and promote harmony with
the use of nearby property.
B.
Minimizing adverse impact of the development upon
other land, including the type, intensity, design and performance
of activities.
C.
Designating the exact location and nature of development.
D.
Controlling the sequence of development, including
when it must be commenced and completed.
E.
Controlling the duration of use or development; this
includes but is not limited to the time within which any temporary
structure must be removed.
F.
Assuring satisfactory installation and maintenance
of required public improvements.
G.
Establishing detailed records by submission of drawings,
maps, plats or specifications.
A.
The Board shall render a decision on any matter before
it within 15 days after the public hearing is closed. The concurring
vote of three members of the Board shall be required to decide in
favor of an applicant. The decision shall be posted in the Barrington
Town Hall for a period of 20 days following the recording of the decision.
[Amended 1-5-2015 by Ord.
No. 2014-6; 12-4-2023 by Ord. No. 2023-12]
B.
The Board shall make a record of its proceedings,
findings and actions, showing the vote of each member participating
thereon and the absence of a member or their failure to vote. This
record shall be completed and be filed in the office of the Town Clerk
within 30 working days from the date when the decision was rendered
and shall be available for review by the public. In addition, notice
of the decision shall be transmitted to the applicant, the Building
Official, the Planning Board and the Town Council.
[Amended 12-4-2023 by Ord. No. 2023-12]
C.
Any decision evidencing the granting of a variance
or special use permit shall also be recorded in the land evidence
records of the Town of Barrington.
The Zoning Board of Review may not accept another
application for the same variance or special use permit, with respect
to the same parcel, for a period of one year after the denial of an
application therefor to the Board. This period of time may be waived
if the subsequent application is accompanied by an affidavit presenting
facts, to the satisfaction of the Board, showing that a substantial
change in the factual circumstances exists, justifying a rehearing
or hearing, as the case may be.
[Amended 1-13-1997 by Ord. No. 96-14]
A variance or special use permit shall expire one year from the date of granting by the Zoning Board of Review unless the applicant exercises the permission granted, or received a zoning permit to do so, and commences substantial construction or use and diligently prosecutes the same until completion, except, however, that such expiration shall not apply to a special use permit granted under the provisions of § 185-29 relating to the unmerger of substandard lots of record. The Board may, upon application therefor and for cause shown, grant an extension. No more than one extension for an additional period of one year may be granted, except where the applicant has experienced delay in obtaining state or federal agency approval and has otherwise diligently pursued the permission granted.
Any person or persons jointly or severally aggrieved
by any action of the Zoning Board of Review, or any officer, department
or board of the Town of Barrington, may file an appeal with the Superior
Court in the State of Rhode Island, as provided by Section 45-24-69
of the General Laws of Rhode Island, 1956, as amended. The appeal
shall set forth that such decision is illegal in whole or in part
and specify the grounds of the illegality. Such appeal shall be filed
with the court within 20 days after the decision has been recorded
and posted in the office of the Town Clerk.
