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(A) 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. The appeal shall be taken within 30 days of the date of the recording of the decision by the Zoning Officer or agency by filing with the Zoning Officer and with the Zoning Board of Review a notice of appeal specifying the ground of the appeal. The Board may extend such period to 60 days in cases of failure to prosecute such appeal by reason of accident, mistake or any other good cause. The officer or agency from whom the appeal is taken shall immediately 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 Board.
(B) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Officer or agency from whom the appeal is taken certifies to the Board, after an appeal has been filed, that by reason of facts slated in the certificate a stay would in the officer's or agency's opinion cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application and upon notice to the officer or agency from whom the appeal was taken on due cause shown.
(C) The Zoning Board of Review shall hear and decide appeals within 65 days of the date of the filing of the appeal where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative officer or agency in the enforcement or interpretation of this chapter, or of any ordinance adopted pursuant hereto, and shall give public notice, at least 14 days prior to the date of the hearing in a newspaper of general circulation in the town. Notice of the hearing, which shall include the street address of the subject property, shall be sent by first class mail, postage prepaid, to the appellant and to those requiring notice under R.I. Gen. Laws § 45-24-53. All decisions and records of the Zoning Board of Review respecting appeals shall be consistent with the requirements set forth in R.I. Gen. Laws § 45-24-61. Upon the hearing, any party may appear in person or by agent or by attorney. The cost of any notice required for the hearing shall be borne by the applicant.
(D) Participation in a zoning hearing or other proceeding by a party is not 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 improper personal benefit, or malicious, wanton or willful misconduct.
(E) In exercising its powers the Zoning Board 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 any orders, requirements, decisions or determinations that ought to be made and to that end has 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 R.I. Gen. Laws § 45-24-61.
(Ord. passed 10-30-06; Am. Ord. 2018-1, passed 2-20-18)