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)