Cranston City Zoning Code

An administrative body is established which shall be known as the zoning board of review, and which shall have all the powers and shall be subject to all the duties as prescribed in the General Laws of Rhode Island, Sections 45-24-27 to 45-24-72 and all amendments and additions thereto.

Annually, in the month of March, the board shall elect one of its members chairperson for the ensuing year.

The deputy inspector of buildings shall act as clerk and as secretary to the board and shall perform such administrative duties as may be required of such clerk as well as other duties prescribed by law.

The inspector of buildings and the planning director may attend meetings of the board at the request of the chairperson and may advise the board upon its affairs, but shall not vote. It is intended that the planning director shall convey to the board the advisory opinions of the planning commission.

Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson or in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be open to the public. Such public hearings shall be conducted not earlier in the day than 6:00 p.m.

All votes of the board adopting a decision or taking other official action shall be taken at a public meeting.

No action shall be taken by the board until after a public hearing has been held upon the proposed action before the board, which shall first give written notice of the time and place of such public hearing and the nature and purpose thereof, to the petitioner and to all owners of any real property within 400 feet of the perimeter of the real property which is the subject matter of the petition, by ordinary mail at least 14 days before the date of such hearing and by publication of such notice in a newspaper of local circulation within the city at least 14 days prior to the date of such hearing. The same notice shall be posted in the city clerk's office and one other municipal building within the city and the city shall make the notice accessible on the home page of its website at least 14 days prior to the hearing.

The notice required by this section indicating the time and place for such public hearing and the nature and purpose thereof, shall also contain a statement that the recipient of such notice shall be allowed to address the zoning board on the subject matter of the notice and if he or she so desires, he or she may be represented by an attorney and have expert witnesses testify on his or her behalf. Should the decision of the zoning board be unfavorable, the petitioner may appeal same to the Providence County Superior Court within a period of 20 days following the recording of the zoning board decision, in accordance with RIGL §§ 45-24-69, 45-24-70 and 45-24-71.

Within one business day of recording a decision, the board shall mail, by any method that provides confirmation of receipt to the applicant, a copy of the decision to the owners and applicant of the property that is the subject matter of the application, and to any other person or entity requesting said decision from the zoning official.

In filing for an appeal, variance, special exception or special permit, the applicant shall file with the board, the plans and specifications in such detail as is required in subsection 17.04.070(B). The zoning board of review shall determine rules of procedure that are not inconsistent with the provisions of this chapter and existing state and local laws.

The board shall keep minutes of its proceedings showing the vote of each member upon each question or if such member be absent or fails to vote indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be a public record. The board in its decision on any matter coming before it under this chapter shall record in its minutes the pertinent and material facts and the reasons upon which its decision is based.

A minimum of four members, which may include any alternates, shall form a duly constituted quorum. The concurring vote of three members shall be necessary to reverse any requirement, order, decision, or determination of the building official. The concurring vote of three members shall be required to decide in favor of an applicant on any matter concerning special exceptions, special use permits, or variances, upon which it is required to pass under this chapter.

Pursuant to Chapter 17.112, the chairperson of the board of review shall appoint one member of the board to serve, from time to time, as a member of the industrial performance commission. In addition, the chairperson may appoint such other subcommittees as seem desirable to aid the functioning of the board.

Participation in a zoning hearing or other proceeding by a party shall not be 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.

In exercising its powers, the zoning board of review 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 orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken. All decisions and records of the zoning board of review respecting appeals shall conform to the provisions of Rhode Island General Laws Section 45-24-61.

Any special use permit or variance granted by the zoning board of review under this chapter or under the prior zoning ordinance, shall expire by limitation at the end of one year unless affirmative action to take advantage of such grant shall have been taken within such period.

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been actually begun within ninety (90) days of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within one year of the date of such permit, and which entire building shall be completed according to such plans as filed within two years from the date of the passage of the original ordinance comprising this chapter. If any area is hereafter transferred to another district by a change in the district boundaries by amendment, the provisions of this chapter with regard to buildings or premises or building permits issued at the time of the passage of the original ordinance comprising this chapter shall apply to buildings or premises existing or building permits issued in such transferred area at the time of the passage of such amendment.

The fee to be paid to the city clerk for a petition to the city council for an amendment to this chapter or the zoning map shall be four hundred dollars ($400.00).

The fees to be paid to the zoning board of review for an application or petition for variance shall be as follows:

The fees to be paid to the zoning board of review for each appeal pursuant to Section 17. l l6.040(A) of this title shall be five hundred dollars ($500.00).

The city and the Cranston school committee shall be exempt from payment of all fees otherwise imposed under Section 17.108.160.