The Town Council of the Town of Richmond hereby ordains that Ch. 18.52 of the Code of Ordinances is amended to read as follows:
Chapter 18.52
ZONING BOARD OF REVIEW
18.52.010 Zoning board of review – organization and membership.
18.52.020 Zoning board of review – authority and duties.
18.52.030 Application.
18.52.040 Notice and public hearing.
18.52.050 Variances.
18.52.060 Special use permits.
18.52.070 Decisions.
18.52.080 Appeal to superior court.
18.52.090 Board of appeal.
18.52.010 – Zoning board of review – organization and membership.
A. The town council shall appoint a zoning board of review consisting of five 5 regular members and two alternate members. All members shall be Richmond residents, and no member shall be an employee of the town. If a vacancy occurs in any seat, the town council shall appoint a new member to serve the remainder of the term. The town council shall have the authority to remove a member for cause after a hearing.
B. The regular members shall be appointed to staggered five-year terms. The alternate members, who shall be designated as first alternate and second alternate, shall be appointed to one-year terms. The alternate members shall be present at and may participate in public hearings. The first alternate shall vote if a regular member is unable to vote, and the second alternate shall vote if two 2 regular members are unable to vote. In the absence of the first alternate, the second alternate shall serve as the first alternate. No regular or alternate member shall vote on an application unless the member has attended the entire public hearing on that application.
C. Four regular or alternate members shall constitute a quorum for the purpose of conducting a public hearing, provided, however, that no more than five regular or alternate members shall vote to approve or disapprove an application or appeal.
D. The board may retain legal, technical, or clerical assistance to aid in the discharge of its duties with the approval of the town council.
E. The chairperson or acting chairperson shall have the authority to administer oaths and compel the attendance of witnesses by issuing subpoenas.
F. The board shall adopt written rules of procedure.
(Ord. dated 4-1-14; Ord. dated 1-3-23)
18.52.020 Zoning board of review – authority and duties.
A. The zoning board of review shall have the following authority and duties:
1. To grant variances in the application of the terms of this Title.
2. To approve special use permits.
3. To hear and decide appeals from decisions of the zoning enforcement officer or any other town official charged with the enforcement or interpretation of this Title.
4. To issue conditional approvals of variances and special use permits when a proposed use also requires an approval from a state or federal agency and that approval has not yet been issued. A decision granting a conditional zoning approval shall include the date on which the approval will expire if the state or federal approval has not been issued.
5. To refer matters to the town planner, the planning board, the conservation commission, or any other town official, department or body for findings and recommendations.
B. When granting a variance or special use permit or making any other determination within its authority, the zoning board of review may impose conditions necessary to promote the intent of the comprehensive plan and this Title. The conditions shall be based on competent credible evidence in the record and shall be included in the written decision. Failure to abide by any condition shall be considered a violation of this Title. The conditions may include provisions concerning:
1. The type, intensity, design, and performance of uses in order to minimize an adverse impact of the use on other land;
2. The sequence of development, including dates for commencement and completion;
3. The duration of a use or development, including the time within which a temporary structure must be removed;
4. Satisfactory installation and maintenance of required public improvements;
5. The exact location and nature of the use or development; and
6. Submission of drawings, maps, plans, or specifications, including as-built drawings, to establish a detailed record of the development.
C. The zoning board of review shall be required to vote as follows:
1. Four members must hear and vote on each application or appeal. No more than five members shall vote. If a member cannot hear and vote on an application or appeal because of a conflict of interest, that member shall recuse himself or herself and shall not participate in the hearing or vote.
2. The concurring votes of a majority of the voting members is required to reverse any order, requirement, decision, or determination by the zoning enforcement officer or any other town official.
3. The concurring votes of a majority of the voting members is required to approve an application for a variance or a special use permit.
(Ord. dated 4-1-14; Ord. dated 1-3-23)
18.52.030 Application. Applications to the zoning board of review shall be submitted, and notice shall be given, in the following manner:
A. Applicants for variances and special use permits, and persons appealing an order, requirements, decision, or determination of the zoning enforcement officer or any other town official charged with the enforcement or interpretation of this Title, shall complete a form provided by the clerk of the zoning board of review. The applicant shall submit the following to the clerk of the zoning board of review:
1. The completed application form.
2. The fee required by Ch. 3.06 of the Richmond Code of Ordinances.
3. Any supplemental material required by this Title, by the zoning board of review rules of procedure for the submission and consideration of petitions, or by the instructions on the form.
4. A map showing the property that is the subject of the application and all property within two hundred (200) feet of the subject property.
(Ord. dated 5-21-24)
5. A list of the last known names and addresses of the owners of all property within two hundred (200) feet of the subject property, as shown on the current real estate tax assessment records.
(Ord. dated 4-1-14)
18.52.040 Notice and public hearing.
A. The zoning board of review shall conduct a public hearing on the variance application or special use permit application in a timely manner.
The zoning board of review shall hear and decided appeals within 65 days of the date of filing of the appeal where is it alleged there is an error in any order, requirement, decision, or determination made by an administrative officer or agency in the enforcement or interpretation of this chapter, or of any ordinance adopted pursuant to R.I.G.L. 45-24.
The board shall advertise the public hearing at least fourteen (14) days in advance in a newspaper of general circulation in Richmond.
B. The clerk of the zoning board of review shall send notice of the public hearing on an applicant for a variance, special use permit, or appeal to the applicant and to:
(Ord. dated 5-21-24)
1. The owners of property within two hundred (200) feet of the property that is the subject of the application, whether located in Richmond or an adjacent town.
2. The town council of any town adjacent to Richmond, if the subject property is located within two hundred (200) feet of the boundary of that town.
3. The town council of Richmond or any other town, if there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within that town and within two thousand (2,000) feet of the subject property.
4. The governing body of any state or municipal water department or agency, special water district, or private water company, or any private property owner, that has riparian rights to a surface water resource or surface watershed that is used or is suitable for use as a public water source and that is within two thousand (2,000) feet of the property that is the subject of the application, provided that the governing body of the state or municipal water department or agency, special water district, or private water company, or the private property owner, has filed with the Richmond building official a map survey, which shall be kept as a public record, showing the areas of surface water resources, watersheds, and parcels of land within two thousand (2,000) of the property that is the subject of the application.
(Ord. dated 5-21-24)
5. Any individual or entity holding a recorded conservation or preservation restriction on the property.
C. The notice shall include the applicant’s name and address and the street address and plat and lot number of the subject property, and shall describe the relief sought. The notice shall state the date, time, and location of the public hearing. The notice shall be sent by first class mail, postage prepaid, at least fourteen (14) days before the date of the hearing. The applicant shall pay the cost of the postage.
(Ord. dated 5-21-24)
D. At least 14 days before the date of the public hearing, the clerk of the zoning board of review shall advertise the public hearing notice in a newspaper that circulates in Richmond, and shall post the notice in the town clerk’s office, in the police station, and on the home page of the town’s website. The applicant shall pay the cost of the advertisement.
(Ord. dated 5-21-24)
E. Participation in a zoning board of review hearing by a party is not a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.
(Ord. dated 4-1-14; ord. dated 11-3-15)
18.52.050 Variances. The zoning board of review shall have the authority to grant a variance when literal enforcement of this Title would create unnecessary hardship.
A. An applicant for a variance must demonstrate to the satisfaction of the zoning board of review that:
1. The hardship is due to the unique characteristics of the land or structure and not to the general characteristics of the surrounding area;
2. The hardship is not due to a physical or economic disability of the applicant except for those disabilities covered by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq.;
3. The hardship is not the result of any prior action by the applicant;
4. Granting the variance will not alter the general character of the surrounding area or impair the intent or purpose of this Title.
(Ord. dated 5-21-24)
B. Use variance: In addition to the requirements of subsection A, an applicant for a use variance must demonstrate that the property or structure cannot yield any beneficial use if it is required to conform to the provisions of this Title. 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.
C. Dimensional variance: In addition to the requirements of subsection A, an applicant for a dimensional variance must demonstrate that if the property is required to conform to the provisions of this Title, the hardship suffered by the owner of the property will amount to more than a mere inconvenience, meaning that the relief sought is minimal to a reasonable enjoyment of the use to which the property will be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted is not grounds for relief.
(Ord. dated 5-21-24)
D. The zoning board of review may impose any additional conditions or safeguards it deems necessary to protect the public health, safety and welfare. The conditions or safeguards must be based on competent, credible evidence in the record and shall be included in the written decision.
(Ord. dated 4-1-14)
18.52.060 Special use permits. The zoning board of review shall have the authority to grant special use permits that are specifically authorized by this Title.
A. Unless other criteria are specified elsewhere in this Title, an applicant for a special use permit must demonstrate to the satisfaction of the zoning board of review that:
(Ord. dated 5-21-24)
1. The proposed use will not substantially or permanently affect the appropriate use of surrounding property;
(Ord. dated 5-21-24)
2. Neither the proposed use nor its location on the site will result in conditions that will harm the public health, safety, and welfare;
3. The proposed use will be in harmony with the general purpose and intent of this Title, and
(Ord. dated 5-21-24)
4. The use be constructed or established at a location in the zoning district where it will be consistent with the character and appearance of nearby uses.
(Ord. dated 5-21-24)
B. In determining whether the proposed use will satisfy the criteria in subsection A., the zoning board of review may consider:
1. The potential environmental effects of the proposed use on surrounding property and on the town;
2. The potential impact of the proposed use on traffic circulation and safety;
3. Whether the proposed use will generate noise, odor, or other effects that cannot be mitigated by the imposition of conditions or safeguards.
C. A use established by special use permit shall not be altered, expanded, or enlarged without zoning board of review approval of a special use permit for the alteration, expansion, or enlargement.
D. A dimensional variance may be granted for a special permit use.
(Ord. dated 4-1-14; Ord. dated 5-21-24)
18.52.070 Decisions.
A. The zoning board of review shall render a decision on each application within fifteen (15) days of the day the public hearing is closed. The written decision shall be posted in the planning, zoning and building department and in the town clerk’s office, in a location visible to the public, within thirty (30) days of the day the decision was rendered. The date of posting shall be noted on the document. A decision granting a variance or special use permit also shall be recorded in the land evidence records.
B. The written decision shall include findings of fact, conclusions of law, and any conditions imposed. It shall include the names of the members present and absent, the names of members who participated in the public hearing, the names of the members who voted, and the vote of each voting member.
C. The zoning board of review clerk shall mail a copy of the written decision to the applicant and to any other party who participated in the public hearing and who provided the clerk with his or her name and address, by any method that provides confirmation of receipt, within one day of the day the decision was posted. The clerk also shall provide a copy of the written decision to the zoning enforcement officer.
D. The zoning board of review shall keep minutes of each meeting. The minutes shall include the date, time, and place of the meeting; the members present or absent; a record of votes taken, the names of members voting and how each member voted, and the names of applicants and witnesses. A record of all votes taken and how each member voted shall be available to the public at the planning, zoning and building department within two 2 weeks of the date of the meeting. Minutes of the meeting shall be available to the public at the planning, zoning and building department within thirty-five (35) days of the meeting. A competent stenographer shall take the minutes of each public hearing.
(Ord. dated 4-1-14; Ord. dated 11-3-15; Ord. dated 1-2-18)
18.52.080 Appeal to superior court.
A. An aggrieved party may appeal a decision of the zoning board of review to the superior court pursuant to R.I. Gen. Laws §§ 45-24-69 and 45-24-69.1.
(Ord. dated 5-21-24)
B. The clerk of the zoning board of review shall keep a record of each application filed, and the action taken on that application at every stage of review, that is sufficient to enable judicial review of the record. For each application filed:
(Ord. dated 5-21-24)
1. A record shall be made of the description of each document or item submitted by or on behalf of the applicant, and the date it was received.
(Ord. dated 5-21-24)
2. A separate file shall be maintained that contains all documents related to the application, with the source and date of receipt noted.
(Ord. dated 5-21-24)
3. A docket shall be kept showing every action taken on the application and the date it was taken.
(Ord. dated 5-21-24)
When a decision by the zoning board of review is appealed to the Superior Court, the record of the application shall be assembled and indexed and each page shall be consecutively numbered.
(Ord. dated 4-1-14; Ord. dated 5-21-24)
18.52.090 Board of appeal.
A. The zoning board of review shall sit as the board of appeal to hear appeals of decisions of the administrative officer on matters other than review and approval of minor land development projects, subdivisions, administrative subdivisions, and development plans. The appeal shall be heard according to the procedure in Article 12 of the land development and subdivision regulations.
B. A hearing by the board of appeal may be held on the same date and at the same place as a meeting of the zoning board of review, but the board of appeal meeting must be conducted as a separate meeting. A separate agenda shall be posted, separate minutes shall be prepared and a separate record shall be kept.
(Ord. dated 4-1-14; Ord. dated 5-21-24)
REFERENCES: R.I. Gen. Laws §§ 45-23-57, 66, 67, 68, 69, 70, 71, §§ 45-24-41, 42, 43, 45, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 69.1, 70; Land Development and Subdivision Regulations Art. 12.