A. 
An appeal to the Board from a decision of any other zoning enforcement agency or officer, the Administrative Officer or of the HDC pursuant to §§ 410-61 through 410-66 may be taken by an aggrieved party except as otherwise provided in this chapter. Such appeal shall be taken within 30 days of the date of the recording of the decision of the Director or agency, or within 30 days of the time when the aggrieved party knew or should have known of the action or decision of such Director or agency.
[Amended 12-20-2023 by Ch. No. 3287]
B. 
The appeal shall be commenced by filing an application with the Board, with a copy to the Director or agency from whom the appeal is taken, specifying the ground thereof. The Director or agency from whom the appeal is taken shall forthwith transmit to the Board all papers, including any transcript or audio tapes, constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the City Planning Commission.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after the appeal shall have been duly filed, that by reason of facts stated in the certificate, a stay would in the officer's opinion cause imminent peril to life or property. In such 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 officer from whom the appeal is taken on due cause shown.
The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof in the same manner as set forth in § 410-112 of this chapter, as well as due notice to the parties of interest, and decide the same within 30 days of the hearing. The hearing of any appeals shall be at a separate meeting from the hearing of any variance or special use permit applications, although such hearings may be held on the same day or night. At the hearing, any party may appear in person or by agent or by attorney. The officer or a designated individual of the agency, commission or board from whom the appeal is taken shall appear before the Zoning Board of Review at the hearing to represent such agency, commission or board. Other members of the agency, commission or board may appear and be heard, but shall not represent the agency, commission or board. The cost of any notice required for the hearing shall be borne by the appellant.
In exercising its powers in ruling, the Board may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly and 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 the powers of the officer or agency from whom the appeal was taken. All decisions and records of the Board respecting appeals shall conform to the provisions of §§ 410-107 and 410-110 of this chapter.
A. 
Any variance or special use permit shall expire one year after the date of the filing of the resolution with the City Clerk unless the applicant shall, within one year, obtain a legal building permit and proceed with the construction; or obtain a certificate of occupancy when no legal building permit is required. The Board may, upon written request and for cause shown prior to the expiration of the initial one-year period, renew the variance or special use permit for a second one-year period. Said request for an extension need not be advertised.
B. 
Should an applicant fail to begin construction with a legal building permit, or obtain a certificate of occupancy within the second one-year period, the Board may, upon written request prior to the expiration of the second one-year period, renew the variance or special use permit for a third one-year period, provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance or special use permit since the date of the filing of the resolution, and notice shall be given in accordance with § 410-112, and a hearing shall be held on the request.
C. 
None of the year periods shall run during the pendency of any Superior Court actions seeking to overturn the grant.
[Amended 12-20-2023 by Ch. No. 3287]
An aggrieved party may appeal a decision of the permitting authority to the Superior Court for Providence County by filing a complaint setting forth the reasons of appeal within 20 days after such decision has been filed and posted with the City Clerk. The decision shall be posted in a location visible to the public in the City Hall for a period of 20 days following the recording of the decision. The Board shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the Clerk of the Court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, such original applicant or appellant and the members of the Board shall be made parties to such proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the Court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.