The text
Footnotes:
--- (5) --- Editor's note— An ordinance adopted Nov. 14, 2023, amended section 10, §§ 10.1—10.8 in its entirety to read as herein set out. Former section 10.0 pertained to similar subject matter.
Sec. 10.1. - Appeal from a decision of the administrative officer.#
A.
An appeal from a decision of the administrative officer concerning administration or enforcement of these regulations may be taken to the zoning board of review, sitting as the board of appeal, by an aggrieved party.
1.
The appeal shall be taken within 20 days of the day the appellant received the written decision or the decision was posted in the town clerk's office.
2.
The appeal shall be in writing and shall state clearly and unambiguously the issue or decision being appealed, the reason for the appeal, and the relief sought. The appeal shall be sent by certified mail, with a return receipt requested, or shall be hand-delivered to the clerk of the zoning board of review or to the town clerk, who shall accept delivery on behalf of the board of appeal.
3.
Upon receipt of an appeal, the administrative officer shall transmit to the board of appeal copies of all papers, documents and plans constituting the record of the action that is being appealed.
4.
An appeal shall stay all proceedings in furtherance of the action being appealed.
B.
The board of appeal shall hold a public hearing on the appeal within 45 days of the receipt of the appeal.
1.
Notice of the public hearing shall be advertised in a newspaper that circulates in Exeter at least 14 days before the date of the public hearing. The clerk of the board of appeal shall send notice by first-class mail to the appellant, to the property owner, if the owner is not the appellant, and to any person who received notice during review of the matter under appeal. The appellant shall pay for the advertising and postage.
2.
The board of appeal shall conduct the public hearing at a meeting called specifically for that purpose rather than during a meeting of the zoning board of review. Separate notice shall be posted and separate minutes shall be recorded. At the hearing, any party may appear in person, or may be represented by an agent or attorney.
3.
The board shall render a decision within ten days of the close of the public hearing. The board of appeal shall not substitute its own judgment for that of the administrative officer, but shall consider the issue upon the findings and record of the administrative officer. To reverse a decision of the administrative officer, the board must make a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.
4.
The concurring vote of three of the five members of the board of appeal is necessary to reverse any decision of the administrative officer. The board's decision shall be in writing and shall include the name of each voting board member and how that member voted, and the reasons for the decision.
C.
If the board of appeal overturns a decision of the administrative officer, the application shall be remanded to the administrative officer at the stage of processing from which the appeal was taken, for further review by the administrative officer or for the final disposition consistent with the board of appeal's decision.
D.
An aggrieved party may appeal a decision of the board of appeal to the Superior Court according to the provisions of R.I. Gen. Laws § 45-23-71, as amended.
(Ord. of 11-14-2023(5))
Sec. 10.2. - appeal of adoption of or amendment to the land development and subdivision regulations.#
A.
Any legal resident of Exeter, any owner of property in Exeter, or any association of residents or property owners in Exeter may appeal the adoption of or amendment to the land development and subdivision regulations by filing a complaint in Washington County Superior Court within 30 days of the day the adoption or amendment took effect.
B.
The complaint shall state with specificity the area or areas in which the adoption or amendment is not consistent with Title 45, Chapter 22.2 of the General Laws, the comprehensive planning and land use act; Title 45, Chapter 24 of the General Laws, the zoning enabling act; the Exeter comprehensive plan; or the Exeter zoning ordinance.
C.
The appeal does not stay the enforcement of the land development and subdivision regulations as adopted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make any other orders that it deems necessary for an equitable disposition of the appeal.
D.
The appeal shall be heard pursuant to R.I. Gen. Laws § 45-23-72.
(Ord. of 11-14-2023(5))