Pawtucket City Zoning Code
ARTICLE XII
Zoning Board of Review
§ 410-102 Establishment and procedures.
A.
A Zoning Board of Review, herein called the "Board," is hereby created. Board members may be remunerated in the performance of official duties at an amount to be established by the City Council.
B.
The Board, with the approval of the City Council, may engage technical assistance to aid in the discharge of its duties. The Director shall serve as staff to the Board. The City Solicitor or Assistant City Solicitor shall serve as legal counsel to the Board.
C.
The Board shall establish written rules of procedure within six months of the adoption of this chapter.
D.
Appeals and correspondence to the Board shall be sent to the Board in care of the Director. The Director shall file all records and decisions of the Board.
§ 410-103 Membership.
A.
The Zoning Board of Review shall consist of five members who are residents of the City, appointed by the Mayor subject to approval of the City Council, each to hold office for the term of five years; provided, however, that the original appointments shall be made for terms of one, two, three, four and five years, respectively.
B.
The Board shall also include two alternates to be designated as the "first" and "second" alternate members for terms of five years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the Board is unable to serve at a hearing, and the second shall vote if two members of the Board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate.
C.
No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning such matter.
D.
No member or alternate may participate in any way whatsoever on any matter for which they would have a conflict of interest as defined by the Rhode Island law and the Rhode Island Ethics Commission.
E.
Vacancies in unexpired terms of Board members shall be filled by the Mayor no more than 90 days following the vacancy.
F.
Members may be removed upon recommendation of the Mayor by the City Council for due cause.
§ 410-104 Prior members.
Members of the Board serving on the effective date of adoption of this chapter shall be exempt from provisions of this Article respecting terms of originally appointed members until the expiration of their current terms.
§ 410-105 Chair.
The Board shall, at its first meeting of each calendar year, elect a Chairperson, Vice Chairperson and Secretary from its membership. The Chairperson, or in his/her absence, the Vice Chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.
§ 410-106 Powers and duties.
The Board shall have the following powers and duties:
A.
To hear and decide appeals within 65 days of the date of the filing of the appeal where it is alleged there is error in any order, requirement, decision or determination made by an administrative officer or agency in the enforcement of interpretation of this chapter.
[Amended 12-20-2023 by Ch. No. 3287]
B.
To hear and decide appeals from a party aggrieved by a decision of the Historic District Commission (HDC), pursuant to Article V.
C.
To authorize upon application, in specific cases of hardship, variances in the application of the terms of this chapter.
D.
To authorize upon application, where specified in this chapter, where the Board is designated as a permitting authority, special use permits.
[Amended 12-20-2023 by Ch. No. 3287]
E.
To refer matters to the City Planning Commission, Planning Department or to other boards or agencies of the City as the Board may deem appropriate for findings and recommendations.
F.
To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked, upon motion of the Board, after a public hearing with due notice, in the instance where any necessary state or federal agency approvals are not received within a specified time period.
G.
To hear and decide such other matters according to the terms of this chapter or other statutes and upon which the Board may be authorized to pass under this chapter or other statutes.
H.
All members, including alternate members, of the Zoning Board of Review shall be required to participate in continuing education courses promulgated pursuant to R.I.G.L. Title 45, Chapter 70, as amended, entitled "Continuing education for local planning and zoning boards and historic district commissions."
[Added 12-20-2023 by Ch. No. 3287]
§ 410-107 Voting.
[Amended 12-20-2023 by Ch. No. 3287]
The Board shall be required to vote as follows:
A.
Four active members, which may include alternates, are necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself/herself, shall not sit as an active member and shall take no part in the conduct of the hearing. A maximum of five active members, which may include alternates, are entitled to vote on any issue.
B.
The concurring vote of a majority of the members of the Board sitting at a hearing is necessary to reverse any order, requirement, decision or determination of the HDC or any zoning administrative officer from whom an appeal was taken.
C.
The concurring vote of a majority of the members of the Board sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the Board upon which it is required to pass under this chapter, including variances and special use permits.
§ 410-108 Application procedure.
Application procedures for the filing of appeals, request for variances, special use permits, development plan review, site plan review and such other applications as may be specified in this chapter shall be prepared by the Director and published.
§ 410-108.1 Limitations upon successive petitions.
[Added 10-23-1997 by Ch. No. 2470]
No application for a variance or special use permit shall be accepted by the Secretary of the Board if an application praying for the variance or special use permit has been denied or the petitioner granted leave to withdraw within the preceding 12 months, provided that such a petition or application may be accepted at any time after 12 months with the consent of the majority of the members of the Board, if it shall include an affidavit which, in the opinion of said Board, sets forth facts indicating a substantial material change of circumstances justifying a new hearing on said application for variance or special use permit. A mere change of ownership shall not constitute a substantial change of circumstances.
§ 410-109 Fees.
Reasonable fees may be required, in an amount to be established by the City Council, to be paid by the appellant or applicant for the adequate review and hearing of applications, issuance of zoning certificates and the recording of the decisions thereon.
§ 410-110 Decisions and records of the Zoning Board of Review.
A.
Following a public hearing, the Board shall render a decision within 30 days. The Board shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the City Clerk within 30 working days from the date when the decision was rendered and shall be a public record.
B.
The Board shall keep written minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, findings of fact and other official actions, all of which shall be recorded and filed in the office of the Director in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the Superior or Supreme Court, the Board shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.
C.
Any decision by the Board, including any special conditions attached thereto, shall be mailed to the applicant and to the City Planning Commission. Any decision evidencing the granting of a variance or special use permit shall also be recorded in the land evidence records of the City.
[Amended 12-20-2023 by Ch. No. 3287]