Cranston City Zoning Code
Chapter
17.116 APPEALS
§ 17.116.010 Appeal powers.
The zoning board of review shall have the power to hear and
decide appeals where it is alleged there is any error in any order,
requirements, decision or determination made by the inspector of buildings
or any administrative officer in the enforcement of this chapter.
(Prior code § 30-45)
§ 17.116.020 Application procedure.
The zoning enforcement officer shall establish the various application
procedures necessary for the filing of appeals, requests for variances
and special use permits with the zoning board of review, consistent
with the provisions of this chapter.
(Prior code § 30-46)
§ 17.116.030 Limitation on successive petitions.
No petition for an amendment to this chapter including the zoning
map or no application for an exception or variance therefrom shall
be accepted by the city clerk or the secretary of the zoning board
of review if a petition or application praying from the same amendment,
exception or variance has been denied or the petitioner granted leave
to withdraw within the preceding twenty-four (24) months; provided,
that such petition or application may be accepted at any time with
the consent of the committee on ordinances or the zoning board of
review, respectively, if it shall include or be accompanied by an
affidavit which in the opinion of the committee on ordinances or the
zoning board of review sets forth facts indicating a substantial change
of circumstances justifying a hearing on the petition or application
for exception or variance. This section shall apply to all change
of zone applications.
(Prior code § 30-47)
§ 17.116.040 Aggrieved parties.
An appeal to the zoning board of review from a decision of any
other zoning enforcement agency or officer may be taken by an aggrieved
party subject to the following:
A.
When
the appeal is taken by a party aggrieved from an affirmative action
of the inspector of buildings such as the issuance of a building permit
or certificate of occupancy, said appeal shall be filed within twenty
(20) days of the date when the aggrieved party became aware or could
reasonably be expected to have been aware of the action.
B.
When
the appeal is taken by a party denied affirmative action by the inspector
of buildings, said appeal shall be taken within a reasonable period
of time, specifying the grounds thereof.
The officer or agency from whom the appeal is taken shall forthwith
transmit to the zoning board of review all the papers constituting
the record upon which the action appealed from was taken. Notice of
the appeal shall also be transmitted to the planning commission.
An appeal shall stay all proceedings in furtherance of the action
appealed from unless the officer from whom the appeal shall have been
filed that by reason of facts stated in his or her certificate a stay
would, in his or her opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by restraining
order which may be granted or by a court of competent jurisdiction
on application therefor and upon notice to the officer from whom the
appeal is taken and on due cause shown.
C.
In
exercising all of its above mentioned powers, the board may in conformity
with the provisions of this chapter, reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
appealed as ought to be made and to that end shall have all the power
of the officer from whom the appeal is taken.
D.
All appeals to the zoning board of review made pursuant to Chapter 17.112 or Section 17.116.030 shall follow the same procedural requirements as for the public hearing of the board including those provisions contained in Sections 17.108.070 through 17.108.100 and Section 17.108.160 of this title.
(Prior code § 30-48)