A.

Designation. The zoning enforcement officer shall be appointed by the town manager, and may also serve in any other administrative capacity for the town, such as building official. The zoning enforcement officer (hereafter the "ZEO" or the "officer") may be provided with the assistance of such other persons as the town manager may direct.

B.

Duties.

1.

It shall be the duty of the officer to interpret and enforce the provisions of this ordinance in the manner and form and with the powers provided in the laws of the state and in the charter and ordinances of the town.

2.

The officer shall refer all applications for variances, special use permits and all appeals to the zoning board of review, and shall grant or deny applications for modifications, as set forth in section 905.

3.

In order to provide guidance or clarification, the officer shall, upon written request, issue a zoning certificate or provide information to the requesting party within fifteen (15) days of the written request. Any determination of the officer may be appealed to the board in accordance with section 909 of this ordinance.

4.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may convey to the officer a complaint, which shall be in writing, stating fully the causes and basis thereof. The officer shall properly log such complaint, immediately investigate and take appropriate action thereon as provided by the ordinance. The officer shall make a determination in writing, within fifteen (15) days, to any written complaint received, regarding a violation of this ordinance. Any determination of the officer may be appealed to the board in accordance with section 909 of this ordinance.

5.

If the officer shall find that any of the provisions of this ordinance are being violated, the officer shall notify in writing the person responsible for such violation, indicate the nature of the violation and order the action necessary to correct it. The officer shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance or by state law or by policies or procedures adopted by town council to ensure compliance with or to prevent violation of their provisions.

6.

The officer shall serve as clerk of the zoning board of review, and authenticate minutes and all other records of the zoning board of review.

7.

The officer shall perform such other duties, and exercise such other powers as are authorized by this ordinance.

A.

Required. No building or other structure shall hereafter be erected, enlarged, relocated, demolished, or structurally altered until a permit authorizing the same shall have been issued by the building official.

B.

Conformity with other ordinances. No building permit shall be issued by the building official except in conformity with the provisions of this ordinance and other applicable ordinances.

C.

Curb cut. No building permit shall be issued until a permit to open a curb cut for access to said property is obtained from the director of public works or his agent if on a town accepted highway or from the State of Rhode Island Department of Transportation if on a state highway.

D.

Site plan. No building permit shall be issued unless a site plan shall be submitted to the zoning enforcement officer indicating the intended use and its conformity in all respects to the provisions of this ordinance. Such site plan shall be drawn to scale, showing the accurate dimensions of the lot; the building site; the location and size of existing buildings on the lot; all proposed construction; all front, side and rear yard dimensions; proposed parking areas; proposed soil erosion and sediment control measures in accordance with the Rhode Island Soil Erosion and Sediment Control Handbook, as revised (if applicable under subsection F., below); and such other information as may be necessary to enforce the provisions of this ordinance. A site plan shall not be required with an application for a permit involving the alteration of an existing building(s), where the use and exterior dimensions of the building are not changed or enlarged in any manner. If the zoning enforcement officer and the building official are not the same individual, it shall be the responsibility of the zoning enforcement officer to notify the building official in writing as to whether the proposed use and or structure comply with the provisions of this ordinance.

E.

Relation to other codes, regulations and ordinances. The issuance of a building permit shall not, in any way, relieve the applicant of the responsibilities of obtaining such other permits or approvals as may be required under the provisions of other codes, regulations and ordinances, whether federal, state or town, relating to the use, erection, alteration or modification of a building or structure or to the use or subdivision of land.

F.

Soil erosion and sediment control. A soil erosion and sediment control plan shall be required for all applications for a building permit for construction of any of the following:

1.

A new single-household detached structure regardless of ground coverage;

2.

A new two-household detached structure regardless of ground coverage;

3.

A new multi-household detached structure regardless of ground coverage;

4.

In addition to the above, any new principal or accessory structure or any expansion of any existing principal or accessory structure for any use which exceeds one thousand (1,000) square feet in ground coverage.

Plans shall be in accordance with the standards and procedures provided in the "Rhode Island Soil Erosion and Sediment Control Handbook," as revised. The building official or his/her designee shall review and approve all such plans and ensure that adequate soil erosion/sediment control measures are in place prior to any disturbance of the soil or vegetation. No building permit may be issued until such time as the applicant has complied with all applicable provisions of this ordinance relating to soil erosion and sediment control, has posted all necessary performance bonds and is otherwise in compliance with all other applicable town and state requirements.

G.

Expiration of building permit. If the work described in any building permit has not begun within six (6) months from the date of issuance thereof, said permit shall expire. It shall be canceled by the building official and written notice thereof shall be given to the persons affected.

Any occupancy, use or change of use shall not take place until a certificate of occupancy has been issued by the building official in accordance with the requirements for the issuance of a certificate of occupancy as stated in the Rhode Island Building Code. A certificate of occupancy as required by the Rhode Island Building Code shall be required for any of the following:

A.

Occupancy and use of a building hereafter erected or enlarged;

B.

Change in use of an existing building to a different use;

C.

Intensification of an existing use of either a building or land;

D.

Occupancy and use of vacant land except for the raising of crops;

E.

Change in the use of land to different use except for the raising of crops; or

F.

Any change in use of a nonconforming use.

A.

Violation defined. The erection, construction, enlargement, intensification, conversion, moving or maintenance of any building or structure and the use of any land or building or structure which is continued, operated or maintained, contrary to any of the provisions of this ordinance or contrary to any requirement attached to the granting of a special exception, special use permit, or variance by the zoning board of review, is hereby declared to be a violation of this ordinance and unlawful. Each day of the existence of any such violation shall be deemed to be a separate offense.

B.

Notice of violation. Upon finding that any of the provisions of this ordinance are being violated, the officer shall notify in writing the person responsible for such violation(s), indicating the nature of the violation, and ordering the action necessary to correct it. The notice shall be sent by certified mail, return receipt required, or delivered by hand. If the responsible person can not be located or refuses to accept such notice, it may be given by posting the notice prominently at the site of the violation. The date of the notice shall be deemed to be the date of actual receipt or of posting at the site.

C.

Date for compliance. Such notice of violation shall contain the date by which compliance with said order must be completed. The officer shall establish the compliance date based upon the amount of time reasonably required to so comply, subject to the following:

1.

The maximum time to be allowed shall be fifteen (15) days.

2.

The minimum time to be allowed shall be twenty-four (24) hours; unless the officer finds as a fact that the violation has been willful or constitutes an immediate hazard to the public health, safety, morals and welfare.

D.

Fines and enforcement. Any person or corporation, whether as principal, agent, employee or otherwise, who violates or is the owner of property in violation of any of the provisions of this ordinance may be fined not more than five hundred dollars ($500.00) for each violation, and each day that the violation exists shall be deemed to be a separate violation. If the violation concerns a sign or a dimensional requirement of this ordinance, the fine shall not exceed one hundred dollars ($100.00) for the first violation. If compliance has not been made within the time period set forth in the notice of violation, the officer may issue a citation setting forth the violation, the fine to be levied, and the date by which the fine shall be paid, which shall be at least ten (10) days following the date of the citation. The citation shall be sent by certified mail, return receipt required, or delivered by hand. If the responsible person can not be located or refuses to accept such citation, it may be given by posting the citation prominently at the site of the violation. Any such fine shall inure to the town. Every citation shall state on its face that such citation may be appealed to the appropriate Division of the Rhode Island District Court. If the fine is not paid or appealed within the specified time, the officer may file a lien against the property where the violation has occurred, in the amount of the fine, in the land evidence records of the town. The officer may also refer the matter to the town solicitor for further action as set forth below.

E.

Town Solicitor. If compliance has not been made within the stipulated time period, the officer shall notify the town solicitor, or other such legal counsel of the town of the violation of this zoning ordinance. Promptly upon notification of any violation, the town solicitor shall institute appropriate action to prevent, enjoin, abate or remove such violation. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

A.

Minimum requirements. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of health, safety, convenience or the general welfare.

B.

Conflicts of law. All departments, officials and public employees of the town which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this ordinance and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this ordinance. Any permit or license, issued in conflict with the provisions of this ordinance, shall be null and void.

The zoning officer is authorized to grant modification permits of up to and including twenty-five (25) percent of the literal dimensional requirements of this ordinance as follows:

A.

Within ten (10) days of the receipt of a request for a modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification based on the following determinations:

1.

The modification is reasonably necessary for the full enjoyment of the permitted use;

2.

If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

3.

The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and

4.

The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.

B.

Upon an affirmative determination, in the case of a modification of five (5) percent or less, the zoning enforcement offer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five (5) percent, the zoning enforcement officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the town that the modification will be granted unless written objection is received within fourteen (14) days of the public notice. If written objection is received within fourteen (14) days, the request for modification shall be scheduled for the next available hearing before the zoning board of review on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within fourteen (14) days, the zoning enforcement officer shall grant the modification.

C.

The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, be requested to conform to the intent and purposes of the zoning ordinance.

D.

In the event that the requested modification fails to satisfy each of the criteria set forth in subsection A, above, the zoning enforcement officer shall notify the applicant that the modification request will be treated as a request for a dimensional variance in accordance with Section 907 of this ordinance.

E.

The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.

F.

Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

(Ord. of 12-11-23(2))

A.

Establishment. 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 town council. The board, with the approval of the town council may engage technical or clerical assistance to aid in the discharge of its duties. The town solicitor or special legal counsel shall serve as legal counsel to the board. Appeals and correspondence to the board shall be sent to the board in care of the officer. The officer shall file all records and decisions of the board.

B.

Membership. The zoning board shall consist of five (5) members, appointed by the Town Council, each to hold office for the term of five (5) years; provided, however, that the original appointments shall be made for terms of one (1), two (2), three (3), four (4), and five (5) years respectively. The board shall also include three (3) alternates, to be appointed by the Town Council, to be designated as the first, second and third alternate members, for terms of five (5) 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 (2) members of the Board are unable to serve at a hearing and the third shall vote if three (3) 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. In the absence of the second alternate member, the third alternate shall serve in the position of the second alternate. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning such matter. 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.

C.

Prior members. Members of the board serving on the effective date of adoption of this ordinance shall be exempt from provisions of this article respecting terms of originally appointed members until the expiration of their current terms.

D.

Qualifications of members. All members of the board shall be residents of the town and no member shall be an elected official or salaried or otherwise paid employee of the town. Appointees shall be reasonably expected to serve the full term. Each member of the board shall be required to attend at least two (2) hours of training each year, provided that such training is arranged each year, either in-house or through outside agencies, by the officer.

E.

Vacancies and removal. If a vacancy occurs on the board, for whatever reason at any time, the town council shall appoint a new member for the remainder of the unexpired term. Members of the board may be removed from office for cause, including failure to maintain qualifications of membership, by a majority vote of the town council upon written charges and after a public hearing.

F.

Rules of procedure. The board shall establish written rules of procedure, in keeping with the provisions of this ordinance, within six (6) months of the adoption of this ordinance.

G.

Organization. Once a year, during the month of June, the board shall organize by electing from its membership a chairman or chairwoman (hereinafter chair) and vice-chairman or vice-chairwoman (hereinafter vice-chair). The board may engage the services of a clerk and a stenographer within the limits of the funds available to it or may appoint one (1) of its members as secretary.

H.

Meetings.

1.

The board shall prepare a schedule of its regular meetings, on a calendar year basis, and have such schedule posted each year in the town hall. Special meetings of the board may be called and public notice given when necessary at the discretion of the chair. In addition, the board shall post a copy of the agenda for any scheduled regular or special meeting in the town hall and at any other location(s) deemed proper at least seventy-two (72) hours prior to said meeting.

2.

The chair, or in his or her absence the vice-chair or other replacement, shall govern the meeting, decide the order in which applications or appeals are to be heard, and administer oaths.

3.

The chair, or in his or her absence the vice-chair or other replacement, may compel the attendance of witnesses by subpoena.

I.

Powers and duties. The board shall have the following powers and duties:

1.

To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by an administrative officer or agency in the enforcement or interpretation of this ordinance.

2.

To hear and decide appeals from a party aggrieved by a decision of the historic district commission or the planning board.

3.

To authorize upon application, in specific cases of hardship, variances in the application of the terms of this ordinance.

4.

To authorize upon application, where specified in this ordinance, special use permits.

5.

To refer matters to the planning board, planning director, utilities director, director of public works, historic district commission, conservation commission, or to other officials, boards or agencies of the town as the board may deem appropriate, for findings and recommendations.

6.

To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one (1) or more state or federal agency approvals which are necessary are pending. A conditional zoning approval may be revoked only pursuant to the requirements of section 908.

7.

To hear and decide such other matters, according to the terms of this ordinance or other statutes, and upon which the board may be authorized to pass under this ordinance or other statutes.

J.

Voting. The board shall be required to vote as follows:

1.

Four (4) active members, which may include alternates, shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself/herself, and shall not sit as an active member and shall take no part in the conduct of the hearing. A maximum of five (5) active members shall be entitled to vote on any issue.

2.

The concurring vote of a majority of members of the board sitting at a hearing shall be necessary to reverse any order, requirement, decision or determination of the historic district commission, planning board or any administrative officer from whom an appeal was taken.

3.

The concurring vote of a majority of 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 ordinance, including variances and special use permits.

1.

Five (5) active members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself/herself, and shall not sit as an active member and shall take no part in the conduct of the hearing. Only five (5) active members shall be entitled to vote on any issue.

2.

The concurring vote of three (3) of the five (5) members of the board sitting at a hearing shall be necessary to reverse any order, requirement, decision or determination of the historic district commission, planning board or any administrative officer from whom an appeal was taken.

3.

The concurring vote of four (4) of the five (5) 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 ordinance, including variances and special use permits.

K.

Application procedure.

1.

Application procedures for the filing of appeals and applications for variances and special use permits, shall be prepared by the officer and published.

2.

An application may be made by any person, group, agency or corporation, provided that the owner or owners of the subject property must join in any application by signing the application. If the owner or an attorney representing the owner is not present at the hearing, then a notarized designation of authority from the owner must be provided to the board by the person or persons presenting the case. An application from a corporation must be signed by its attorney or duly authorized officer of the corporation.

3.

The officer shall transmit a copy of the zoning board's agenda to the director of the department of planning, who may comment on any application, either in writing or by personal appearance by himself or designee. In addition, upon receipt of an application for a variance or special use permit, the zoning board may request that the planning board and/or the director of planning review such application and report its/his findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan, in writing to the zoning board within thirty (30) days.

4.

All applications shall be accompanied at the time of filing by a plot plan, drawn to scale, showing the location of all lot and street lines, existing and proposed structures, utilities, wells, sewage disposal systems of the property which is the subject of the appeal or application. All applications shall also be accompanied by a radius map showing the two hundred-foot radius from the property, drawn to scale, showing lot and street lines and approximate location of structures of premises adjacent to the property which is the subject of the appeal or application, and any other information as may be required by the rules of the board.

5.

Any person filing an application for a modification, special use permit, or variance, or filing an appeal from a decision of the officer or other appropriate town official, shall at the time of said filing pay to the town the appropriate filing fee. Said fees shall be established by resolution of the town council from time to time.

L.

Hearing and notice. The board shall hold a public hearing on any application for variance or special use permit, or on any appeal, in an expeditious manner after receipt, in proper form, of a complete application, and shall give public notice thereof at least fourteen (14) days prior to the date of the hearing, which notice shall include the precise location of the subject property, including the street address, and a description of the relief sought or the action appealed from, as follows:

1.

In a newspaper of general circulation in the town, and

2.

By certified mail, return receipt required, to:

(a)

All owners of the subject property in question; and

(b)

All property owners of record of land within two hundred (200) feet of the property, which is the subject of the application, whether within the town or within an adjacent city or town; and

(c)

The city or town council of any other city or town to which one (1) or more of the following pertain:

(1)

Which is located within not less than two hundred (200) feet of the boundary of the subject property; or

(2)

Where 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, within two thousand (2,000) feet of the subject property, regardless of municipal boundaries; and

(d)

The governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/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 subject property, provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the Officer a map survey, which shall be kept as public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand (2,000) feet thereof.

3.

A list of the names and addresses of parties to be sent notice shall be determined from public record. For property owners, the applicant or appellant shall use the last known address of the owners, as shown on the current real estate tax assessment records of the town in which the property is located. Proof of such mailing shall be established by the applicant or the appellant filing an affidavit of such notice and the return receipts with the clerk of the board.

M.

Decisions and records of the Zoning Board of Review.

1.

Following the close of a public hearing, the board shall render a decision within forty-five (45) calendar 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 officer within thirty (30) working days from the date when the decision was rendered, and shall be a public record.

2.

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 officer in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the Superior Court or Supreme Court, the board shall have the minutes taken by a competent stenographer.

3.

Any decision by the board, including any special conditions attached thereto, shall be mailed to the applicant or appellant, and to the Associate Director of the Division of Planning of the Rhode Island Department of Administration. Any decision evidencing the granting of a variance or special use permit shall also be recorded in the land evidence records of the town.

(Ord. of 7-25-22(1); Ord. of 12-11-23(2))

A.

Standards for relief.

1.

Variance. In granting a variance, the board shall require that evidence satisfying the following standards be entered into the record of the proceedings:

(a)

That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and not due to a physical or economic disability of the applicant, except where necessary to provide reasonable accommodation to applicants with physical disabilities addressed in the Rhode Island Fair Housing Practices Act, the United States Fair Housing Amendments Act of 1988 (FHAA), the Rhode Island Civil Rights of Individuals with Handicaps Act, and the Americans with Disabilities Act of 1990 (ADA);

(b)

That said hardship is not the result of any prior action of the applicant;

(c)

That the granting of the requested variance will not alter the general characteristic of the surrounding area or impair the intent or purpose of this zoning ordinance or the comprehensive plan of the town;

(d)

In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of land or structures in an adjacent district shall not be considered grounds for granting a use variance; and

(e)

In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable, or that a structure may be more valuable after the relief is granted, shall not be grounds for relief.

2.

Special use permit. In granting a special use permit, the board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

(a)

That the special use is specifically authorized by this ordinance, and setting forth the exact subsection of this ordinance containing the jurisdictional authorization;

(b)

That the special use meets all of the criteria set forth in the subsection of this ordinance authorizing such special use; and

(c)

That the granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this ordinance or the comprehensive plan of the town. In so doing, the board shall consider, whether or not satisfactory provisions and arrangements have been or will be made concerning, but not limited to, the following matters, where applicable:

(1)

Ingress and egress to the lot and to existing or proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire, emergency or catastrophe;

(2)

Off-street parking and loading areas where required, with particular attention to the items in subsection A.1., above, and the noise, glare or odor effects of the special use permit on adjoining lots;

(3)

Trash, storage and delivery areas with a particular reference to the items in (1) and (2) above;

(4)

Utilities, with reference to locations, availability and compatibility;

(5)

Screening and buffering with reference to type, dimensions and character;

(6)

Signs, if any, and exterior lighting with reference to glare, traffic safety, and compatibility and harmony with lots in the zoning district;

(7)

Required yards and other open space;

(8)

General compatibility with lots in the same or abutting zoning districts.

B.

Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after public hearing under this ordinance, the board may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan of the town and this ordinance. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:

1.

Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;

2.

Minimizing adverse impact upon town services and facilities;

3.

Controlling the sequence of development, including when it must be commenced and completed;

4.

Controlling the duration of use or development and the time within which any temporary structure must be removed;

5.

Assuring satisfactory installation and maintenance of required public improvements;

6.

Designating the exact location and nature of development;

7.

Establishing detailed records by submission of drawings, maps, plats, or specifications;

8.

Minimizing any adverse environmental impacts; and

9.

Establishing hours of operation of the use.

C.

Continuation or extension of special uses. A special exception or special use permit heretofore or hereafter granted by the zoning board of review may not be extended or enlarged except by the granting of a further special use permit by the board. It is hereby declared that any special exception or special use permit heretofore granted under any zoning ordinance of the town, shall continue to be a special exception or special use permit, and shall not be construed to become, by the passage of this or any subsequent ordinance, a nonconforming use or structure. Signs permitted by a special exception granted prior to March 29, 1976, shall be governed by the provisions of this section. Provided, however, that a special use permit need not be obtained in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in section 9-21.

D.

Variances and special use permit in conjunction. The zoning board of review may grant dimensional variances in conjunction with a special use permit.

When granting such in conjunction, if the special use permit could not exist without the dimensional variance, the zoning board of review shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.

(Ord. of 9-24-18; Ord. of 6-8-20(3); Ord. of 12-11-23(2))

A.

Conditions. Any conditional zoning approval pursuant to section 910, whether variance or special use permit, shall clearly state on its face those further state or federal approvals upon which the zoning approval is conditioned, and the date by which such other approvals must be obtained. The zoning board shall set an expiration date for the variance or special use permit in the event that such approvals are not obtained, or if no such date is set, then it shall be deemed to be two (2) years from the date of the filing of the variance or special use permit in the office of the town clerk.

B.

Extension of time. The applicant may, if application is made prior to the time by which such approvals are to be obtained, apply to the board for an extension of time in which to obtain the needed state or federal approvals, and the board shall hold a hearing to determine if good cause exists to extend the time.

C.

Good cause for extension of time. At any hearing held pursuant to this section, the board shall have the authority to extend the time allowed for good cause shown, which shall include, but not be limited to, a showing that the applicant has proceeded in good faith and with due diligence in the attempt to obtain such state or federal approvals and that any delay has not been caused by the actions of the applicant or his agents.

D.

Notice of hearing. At any hearing held pursuant to this section, due notice shall be given in same manner as for any application before the board, with such notice to be paid for by the applicant.

E.

Failure to obtain permit. In the event that all such required state or federal approval are not obtained within the time specified, including any extension of time that may be granted pursuant to this section, the variance or special use permit shall expire automatically and shall be void.

A.

Procedure and time limits. An appeal to the board from a decision of any zoning enforcement agency or officer, the planning board, historic district commission, or from any other officer, agency or board of the town for which the zoning board is designated as the appeal board, may be taken by an aggrieved party. Such appeal shall be taken within five (5) days of the date of notice of violation if taken by a recipient of a notice of violation, and within fifteen (15) days of the date of the recording of the decision of the officer or agency, or within fifteen (15) days of the time when the aggrieved party knew or should have known of the action or decision of such officer or agency if taken by a third party. The appeal shall be commenced by filing an application with the board, with a copy to the officer or agency from whom the appeal is taken, specifying the grounds thereof. The cost of the notice required for the hearing shall be borne by the appellant. The officer or agency from whom the appeal is taken shall within five (5) days transmit to the board all papers, including any transcript or audio tapes, constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the director of the planning department.

B.

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the appeal shall have been duly filed, that by reason of facts stated in the certificate, a stay would in the officer's opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer from whom the appeal is taken on due cause shown. Provided, however, that no continuance from the time periods set forth in section 909.C. shall be given to any appellant, unless such appellant agrees to and does immediately cease the action or conduct being appealed.

C.

Public hearing—Time limit. The zoning board of appeal shall schedule a hearing of an appeal for the next regular meeting of the board for which notice may still legally be given, and shall give public notice thereof, as well as due notice to the parties of interest. If after an appeal has been duly filed, the officer from whom the appeal is taken certifies to the board that, by reason of facts stated in the certificate, a stay would, in the officer's opinion, cause an urgent and serious harm to the public health, safety or welfare, then the board shall schedule a special meeting to hear such appeal as soon as possible, allowing for notice to be given. The time from filing of the appeal to commencement of the public hearing shall not exceed forty-five (45) days, and the total time from filing the appeal to rendering a decision shall not exceed ninety (90) days. In the event, however, that the board shall make a written finding of fact that the circumstances of a particular appeal require further time to decide such appeal and set forth the specific circumstances requiring such further time, then the board shall have an additional period of forty-five (45) days in which to render a decision.

D.

Public hearing—Procedure. The hearing of any appeal shall be at a separate meeting, distinct from the hearing of any variance or special use permit applications, although such hearings may be held on the same day or night. At the hearing, any party may appear in person or by agent or by attorney. The officer or a designated individual of the agency, commission, or board from whom the appeal is taken shall appear before the zoning board at the hearing to represent such agency, commission or board. Other members of the agency, commission or board may appear and be heard, but shall not represent the agency, commission or board.

E.

Decisions and records of the Board. In exercising its powers in ruling, the board may, in conformity with the provisions of this ordinance, reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken. Provided however, that when hearing appeals from the historic district commission or the planning board, such appeal shall only be on the record, not de novo, and the board shall only have the power enumerated by appropriate state law. All decisions and records of the board respecting appeals shall conform to the provisions of sections 906 of this ordinance.

A.

One-year time limit and one-year extension. Any variance or special use permit shall expire one (1) year after the date of the filing of the decision in the office of the town clerk, unless the applicant shall, within one (1) year, obtain a legal building permit and proceed with the construction, or obtain a certificate of occupancy when no legal building permit is required. If application is made prior to the expiration of the initial one-year period, the board may, upon written request and for cause shown, renew the variance or special use permit for a second one-year period. Said request for an extension need not be advertised nor noticed.

B.

Further extension for cause. Should an applicant fail to begin construction with a legal building permit, or obtain a certificate of occupancy within the second one-year period, the board may upon written request filed prior to the expiration of the second one-year period, renew the variance or special use permit for a third one-year period provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance or special use permit since the date of the filing of the resolution. Notice shall be given in accordance with section 906 and a hearing shall be held on the request.

C.

Pendency of court actions. None of the above one-year periods shall run during the pendency of any Superior Court actions seeking to overturn the grant.

Where the board denies a request for a special use permit, variance or otherwise rules against the applicant on other than procedural grounds, the board may not consider another application requesting any or all of the same changes for a period of one (1) year from the date of such denial or withdrawal (or from the date of final court action if the decision has been appealed) except: (a) where ordered to do so on remand by a court of competent jurisdiction, or (b) where the application is accompanied by an affidavit setting forth facts, to the satisfaction of said board, showing a substantial change of circumstances justifying a rehearing.

A.

Procedure. An aggrieved party may appeal a decision of the board to the Superior Court for Washington County by filing a complaint setting forth the reasons of appeal within twenty (20) days after such decision has been filed and posted with the town clerk. The decision shall be posted in a location visible to the public in the town hall for a period of twenty (20) days following the recording of the decision. The board shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within thirty (30) days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, such original applicant or appellant and the members of the Board shall be made parties to such proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, it its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.

B.

Cost of transcript. Any person filing an appeal of a decision of the zoning board of review in the Superior Court shall be responsible for payment of the cost of preparing the transcript of the public hearing on said decision.

A.

Unified development review established. There shall be unified development review for the issuance of variances and special use permits for properties undergoing review by development plan review and/or land development or subdivision review.

B.

Public hearing. All land development and subdivision applications, and development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of G.L. § 45-23-50.1(d).

C.

In granting requests for dimensional and use variances, the planning board shall be bound to the requirements of Section 907(A)(1) relative to entering evidence into the record in satisfaction of the applicable standards.

D.

In reviewing requests for special use permits the planning board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance at Section 907(A)(2), and shall be required to provide for the recording of findings of fact and written decisions.

E.

Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to G.L. § 45-23-71.

(Ord. of 12-11-23(2))