Zoning Board of Review
When: Meetings are the fourth Tuesday of each month at 7:00 PM in the Council Chambers.
|Thomas Silveira||Vice Chairman||4/25|
|Thomas A. Heaney Jr.||Secretary||4/22|
|Olin Gambrell||1st Alternate||4/21|
|Andrew Bacon||2nd Alternate||4/21|
|David Huntoon||3rd Alternate||4/21|
Town Charter Article X Sec. 1009. Zoning board of review.
The town council may by ordinance, in accordance with state laws now or hereafter in effect, provide for the creation and selection of a zoning board of review, to perform the duties and exercise the powers of such a board under laws and ordinances relating to zoning now or hereafter in effect. No member shall serve for more than two consecutive terms without at least a one year interval before being appointed for an additional term. The council may, in accordance with laws now or hereafter in effect, provide for the appointment of alternate members of said zoning board of review. The town council shall, at least every five years, review the Zoning Ordinance and Map to determine whether any changes are necessary, or said review may be made by a committee or commission authorized by the council, in accordance with laws now or hereafter in effect, to investigate and make recommendations for any proposed amendments of said ordinance and map deemed necessary. (Amendment, November 5, 2002.)
Editor’s note. For state law as to creation, powers, and duties of municipal zoning boards of review, see R.I. Gen. Laws, ” 45Â]24Â]13 through 45Â]24Â]19. As to zoning generally, see R.I. Gen. Laws, ‘ 45Â]24Â]1 et seq. For state laws as to auxiliary member of municipal zoning board of review, see R.I. Gen. Laws, ‘ 45Â]24Â]14.
Town Code § 32.56 GENERAL AUTHORITY OF ZONING BOARD OF REVIEW.
The Zoning Board of Review, hereinafter referred to as the Board of Review, shall constitute and act as the Board of Review prescribed by R.I. Gen. Laws ‘ 45Â]23Â]14 and shall have all the power and authority and be subject to all duties provided for such Board of Review by R.I. Gen. Laws Title 45, Chapter 23.
(’73 Code, ‘ 22Â]2) (Ord. passed 2Â]17Â]69)
§ 32.57 APPELLATE POWERS OF BOARD OF REVIEW.
The Board of Review may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the rules and regulations of the Planning Board in harmony with the general purpose and intent of such rules and regulations, or where such exception is reasonably necessary for the convenience or welfare of the public; and shall have the following powers:
(A) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Planning Board in the enforcement of this chapter or of the rules and regulations adopted pursuant thereto.
(B) To hear and decide special exceptions to the terms of the rules and regulations upon which such Board is authorized to pass under this chapter.
(C) To authorize, upon appeal in specific cases, such variance in the application of the terms of the rules and regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of such rules and regulations will result in unnecessary hardship and so that the spirit of the rules and regulations shall be observed and substantial justice done.
(’73 Code, ‘ 22Â]3) (Ord. passed 2Â]17Â]69)
§ 32.58 APPEAL PROCEDURE.
(A) An appeal to the Board of Review may be taken by any person whose plat has been rejected by the Planning Board. The appellant shall file with the secretary of the Board of Review a statement of his appeal, a copy of his plat and copy of the list of the abutting owners furnished therewith and of the grounds of disapproval of the Planning Board, together with the names and addresses of any other persons who appeared before the Planning Board in opposition to his application for approval of his plat. Such appeal shall be filed with the secretary of the Board of Review within ten days after the final action of the Planning Board on such application.
(B) The Board of Review shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest including the applicant, abutting owners and any other persons who entered appearances before the Planning Board, and shall decide the appeal within a reasonable time. Upon the hearing, any party in
interest may appear in person or by agent or by attorney.
(’73 Code, ‘ 22Â]4) (Ord. passed 2Â]17Â]69)