Town of Charlestown, RI Article IV Zoning Board of Review

§ 218-18 Establishment/membership.

A Zoning Board of Review, hereinafter called the "Board," is hereby created. The Board shall be appointed by the Town Council and shall consist of five regular members and three alternate members. Each regular member shall be appointed for a term of five years, except that the original appointments shall be made for terms of one, two, three, four and five years respectively. The alternate members shall be appointed for terms of one year. If a vacancy on the Board should occur, the Council shall appoint one of the alternates as a member for the unexpired term. All members of the Board shall be legal residents of the Town, and no member shall be an elected official or salaried employee of the Town.

§ 218-19 Organization.

Once each year, the Board shall organize by electing from its regular membership a Chairman, Vice Chairman and a Secretary.

§ 218-20 Meetings and hearings.

Meetings of the Board shall be held as the Board may determine. The Chairman or, in his absence, the Vice Chairman may administer oaths, compel the attendance of witnesses and the submission of explanatory data. 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. Without 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. All hearings of the Board shall be open to the public. Following a public hearing, the Board shall render a decision within forty-five days. The Board shall include in its decision all findings of facts, conditions, the vote of each member participating thereon, the absence of a member or failures to vote. All decisions shall be filed in the Building Inspector's Office within twenty working days, and shall be a public record.

§ 218-21 Records of proceedings.

Records shall be available for review at the Building Inspector's Office. Any decision by the Board, including any special conditions attached thereto, shall be mailed to the applicant and to the Associate Director of the Rhode Island Division of Planning. Any decision granting a variance, or special use shall also be recorded at the applicant's expense in the land evidence records of the Town.

§ 218-22 Powers and duties.

The Board shall have the following powers and duties:

A. To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by an officer or commission in the enforcement or interpretation of this Ordinance, or of any section adopted pursuant hereto;

B. To hear and decide appeals from a party aggrieved by a decision of an historic district commission, pursuant to R.I. Gen. Laws §§ 45-24.1-7.1 and 45-24.1-7.2;

C. To hear and decide appeals where the Board of review is appointed as the board of appeals for airport zoning regulations pursuant to R.I. Gen. Laws § 1-3-19;

D. To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to R.I. Gen. Laws § 45-24-41;

E. To authorize, upon application, special use permits: and to authorize by special use permit relief from the dimensional and intensity regulations of the ordinance for any use the board authorizes by special use permit. See ARTICLE VI § 218-35 and § 218-36, Land Use Table.

F. To refer applications or matters to the Planning Commission, or to other boards of the Town as the Board may deem appropriate, for advisory findings and recommendations;

G. To provide for issuance of conditional zoning approvals where a proposed application requires one or more state or federal agency approvals that 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; and

H. To hear and decide other matters, according to this Ordinance upon which the Board may be authorized to pass.

I. In granting a variance, special use permit or in making any determination upon which it is required to pass, the Board and other enforcement officials as identified in this ordinance may apply such special conditions that may be required to promote the intent and purposes of this Ordinance. Failure to abide by any special conditions attached shall constitute a zoning violation. The 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:

(1) Minimizing adverse impact of the development upon abutting land, including the type, intensity, design, and performance of activities;

(2) Controlling the sequence of development, including when it must be commenced and completed;

(3) Controlling the duration of use of development and the time within which any temporary structure must be removed;

(4) Assuring satisfactory installation and maintenance of required public improvements;

(5) Designating the exact location and nature of development and;

(6) Establishing detailed records by submission of drawings, maps, plats, or specifications.

J. The Board shall be required to vote as follows:

[Amended 2-12-2024 by Ord. No. 409]

(1) Four active members, which may include alternates, shall be necessary to conduct a hearing. When a conflict of interest occurs, that member shall recuse themselves, and take no part in the conduct of the hearing. A maximum of five active members, including alternates, shall be entitled to vote on any issue;

(2) The concurring vote of a majority of members of the Board sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of any officer from whom an appeal was taken; and

(3) The concurring vote of a majority of 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 the ordinance, including variances and special use permits.

K. Applications. All applications for variances, special use permits and appeals shall be submitted in writing on a form supplied by the Building Inspector accompanied by the appropriate fee as prescribed in § 218-26, Fees. The Board may deny an application for incomplete information or improper fee having been submitted. Any person filing an application for review by the Board shall be responsible for the cost of preparing the transcript of the public hearings on said decision.

L. Appeals from Planning Commission. To take actions on appeals of the Planning Commission according to the provisions of R.I. Gen. Laws § 45-23, as may be amended from time to time, and to hear appeals on any determination of the Planning Commission in the enforcement of this Ordinance. The concurring vote of four members of the Board shall be necessary to reverse any decision or determination of the Planning Commission. Notice of an appeal under R.I. Gen. Laws § 45-23 shall also be transmitted by certified mail to the Planning Commission by the applicant.

M. Assistance. The Board may engage legal, technical, clerical assistance or other technical experts to discharge its duties within the limit of funds available to it and additional expenses shall be borne by the applicants who appear before it.

N. Rules. The Board, in order to conduct its responsibilities in an orderly, effective fashion, may adopt additional procedures, guidelines and regulations consistent with the intent of this Ordinance. The Board may enact application requirements and procedures to assure compliance with this Ordinance.

O. All members, including alternate members, of the zoning board shall be required to participate in continuing education courses promulgated pursuant to § 45-70-3 of the General Laws entitled "Continuing education for local planning and zoning boards and historic district commissions."

[Added 2-12-2024 by Ord. No. 409]

§ 218-23 Special use permits.

[Amended 2-12-2024 by Ord. No. 409]

A. A special use permit may be approved by the Board or under unified development review pursuant to R.I. Gen. Laws § 45-24-46.4, the Planning Commission, following a public hearing if, in the opinion of the Board or the Planning Commission pursuant to unified development review, that evidence to the satisfaction of the following standards has been entered into the record of the proceedings:

(1) The public convenience and welfare will be substantially served;

(2) It will not result in adverse impacts or create conditions that will be inimical to the public health, safety, morals and general welfare of the community;

(3) The requested special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this Zoning Ordinance;

(4) That the granting of a special use permit will not pose a threat to drinking water supplies;

(5) That the use will not disrupt the neighborhood or the privacy of abutting landowners by excessive noise, light, glare, or air pollutants;

(6) That the sewage and waste disposal into the ground and the surface water drainage from the proposed use will be adequately handled on site;

(7) That the traffic generated by the proposed use will not cause undue congestion or introduce a traffic hazard to the circulation pattern of the area.

B. In addition to the findings preceding, the Board or authorized permitting authority shall find that the application for a special use permit meets the performance standards for the specific category of use as contained in § 218-37I.

C. A proposed land use which is not specifically listed in § 218-36, Land Use Table, may be presented by the property owner in the form of a written request to the zoning enforcement officer for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special use permit. Upon such determination the proposed use may be considered to be a use requiring a special use permit.

D. The Board shall hold a public hearing on any application for special use permit within forty-five days after receipt, of a complete application. A public notice thereof shall be given at least fourteen days before the date of the hearing in a newspaper of local circulation in the Town. Notice of the hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under R.I. General Laws § 45-24-53. The notice shall include the street address of the such property, and the address and phone number of the applicant and/or property owner. A supplemental notice shall be posted as to be clearly visible from a public right-of-way at the location in question.

This supplemental posting is for information purposes only and does not constitute the required notice of a 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 home page of the Town’s website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant.

E. A special use permit shall expire twelve months from the date of approval unless the applicant receives a building permit and commences construction and works diligently to complete the project. If application is made prior to the expiration of the initial one-year period, the Board may, upon written request and for cause shown, renew the special use permit for a second one-year period. Said request for an extension shall be advertised and noticed. Where a state or federal permit is required, the twelve month time period shall commence upon the issuance of the state or federal approval provided that the applicant has filed a copy of the state or federal application with the Building Official, actively pursues obtaining the approval and files the final approval with the Building Official as part of his building permit application.

F. An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use permit, if the special use could not exist without the dimensional variance. The Zoning Board of Review or, where unified development review is enabled pursuant to § 45-24-46.4, the Planning Commission shall consider the special-use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.

§ 218-24 Variances.

[Amended 2-12-2024 by Ord. No. 409]

Relief from the literal requirements of this Ordinance because of hardship may be made by any person, group, agency or corporation by filing an application with the Building Official.

A. The Board shall hold a public hearing on any complete application for variance within forty-five days after receipt. Public notice shall be given at least fourteen (14) days before the date of the hearing in a newspaper of local circulation in the Town. Notice of such hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under R.I. Gen. Laws § 45-24-53. The notice shall include the street address of the subject property, the address of the applicant and/or property owner and the phone number. A supplemental notice shall be posted as to be clearly visible from a public right-of-way at the location in question.

This supplemental posting is for information purposes only and does not constitute the required notice of a 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 home page of the Town’s website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant.

B. In granting a variance or under unified development review pursuant to § 45-24-46.4, the Planning Commission, the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings;

(1) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant;

(2) That said hardship is not the result of any prior action of the applicant; and

(3) That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this Ordinance;

C. The Board, or under unified development review pursuant to § 45-24-46.4, the Planning Commission, shall, besides the above standards, require that evidence be entered into the record of the proceedings showing that:

(1) In granting a use variance, that the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this Ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance.

(2) In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, meaning that the relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief. The zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4, the Planning Commission has the power to grant dimensional variances where the use is permitted by special-use permit.

D. A variance from the provisions of this ordinance shall expire twelve months from the date of approval unless the applicant receives a building permit, commences construction and works diligently to complete the project. If application is made prior to the expiration of the initial one-year period, the Board may, upon written request and for cause shown, renew the variance for a second one-year period. Said request for an extension shall be advertised and noticed. Where a state or federal permit is required, the twelve month time period shall commence upon the issuance of the state or federal approval provided that the applicant has filed a copy of the state or federal application with the Building Inspector, actively pursues obtaining the approval and files the final approval with the Building Inspector as part of his building permit application.

§ 218-25 Appeals.

Appeals to the Board may be taken by any aggrieved party affected by a decision of an official charged with enforcement of this ordinance. Any such appeal shall be taken within ten days of the decision that is the subject of said appeal. The official or agency from whom the appeal is taken shall transmit to the Board the record upon which the appeal was taken.

A. Applications. An application for appeal shall be filed directly with the Board specifying the grounds for the application. An appeal shall stay all proceedings in furtherance of the action appealed, unless the official or agency from whom the appeal is taken certifies to the Board that by reason of facts stated in the officer's or agency's opinion an appeal would 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 officer or agency from whom the appeal is taken on due cause shown.

B. Procedure. The Board shall hold a public hearing within forty-five days of receipt of a completed application on an appeal and shall publish notice of the hearing in a newspaper of general circulation in the Town at least fourteen days prior to the date of the hearing. The applicant shall give due notice by certified mail at least fourteen days prior to the date of the hearing to property owners within two hundred feet of the subject of the application, the Board and other parties in interest. The Board shall render a decision on the application within fifteen days of said hearing. Any party may appear at the hearing in person or by representative.

C. Review. The Board may reverse, affirm wholly or partly or may modify the decision or determinations appealed from and make such order, requirements, decision or determination as necessary. The Board shall have all the powers of the official or agency from whom the appeal was taken. All decisions and records of the Board respecting appeals shall conform to the provision of R.I. Gen. Laws § 45-24-61.

D. Appeal of Board Decision. Any person or persons aggrieved by a decision of the Board may appeal such decision as provided by R.I. Gen. Laws, § 45-24-61.

§ 218-26 Fees.

[Amended 2-12-2024 by Ord. No. 409]

Any person filing an application for a modification, zoning certificate, special use permit, variance or filing an appeal to the Board, shall, at the time of said filing, pay to the Town the following fees as applicable:

A. Modification: 5 percent or less $75; 6 percent to 15 percent $150.

B. Single-family residential and accessory use: $225.

C. Two-family residential: $300.

D. Multifamily: $400 plus $10 for each additional unit in excess of three units.

E. All other uses and any supplementary regulation thereto: $300, plus $0.10 per square foot over 2,000 of affected area added, modified or changed in use.

F. Appeals from the decision of the Building Official or Zoning Enforcement Officer shall pay a fee of $225.

G. Any person filing an appeal shall be responsible for the cost of preparing the transcript of the public hearing on said decision.

H. Zoning Certificates. Applications for a zoning certificate shall be submitted to the Building Official on a form he prescribes and shall pay a $50 application fee. Certificates that require research outside the Building Official's Office for more than one hour of time shall be charged at twenty dollars per hour in addition to the $50 application fee.