The text
A.
Procedure for appeals to the zoning board of review.
1.
Any party aggrieved by a decision of the planning commission or the administrative officer shall have the right to appeal that decision to the zoning board of review by the following procedure:
a.
The appeal must be taken within 20 days of the day the decision is recorded and posted in the town clerk's office.
b.
The appeal shall be in writing, on a form provided by the clerk of the zoning board, and shall state clearly and unambiguously the issue or decision that is being appealed, the reason for the appeal, and the relief sought.
c.
The appeal shall either be sent by certified mail, with a return receipt requested, or shall be hand-delivered, to the office of the clerk of the zoning board.
d.
Upon receipt of an appeal, the clerk of the zoning board of review shall require the planning commission or the administrative officer to transmit forthwith to the zoning board of review all papers, documents and plans, or a certified copy thereof, constituting the record of the action that is being appealed.
2.
An appeal shall stay all proceedings in furtherance of the action being appealed.
B.
Public hearings on appeals to the zoning board of review.
1.
The zoning board of review shall conduct a public hearing on each appeal within 45 days of receipt of the appeal by the board's clerk. The public hearing shall be conducted at a meeting called and advertised especially for that purpose. The zoning board shall maintain a complete record of all its proceedings, including minutes of meetings and records of votes taken.
2.
Notice of the public hearing shall be published in a newspaper of general circulation within the town at least 14 days prior to the date of the public hearing. Notice shall be sent by first class mail to the parties to the appeal and to those persons required to be notified by section V [article V] (C4R&S [section C.4.r. and s.]) of these regulations. The party who filed the appeal shall bear the cost of advertising and notice.
3.
At the hearing, any party may appear in person, or may be represented by an agent or attorney.
4.
The zoning board shall render a decision on the appeal in the following manner:
a.
The zoning board shall not substitute its own judgment for that of the planning commission or administrative officer, but shall consider the issue upon the findings and record of the planning commission or administrative officer. The zoning board shall not reverse a decision of the planning commission or administrative officer except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.
b.
The concurring votes of three of the five members of the board sitting at the hearing shall be necessary to reverse any decision of the planning commission or administrative officer.
c.
In the instance where the zoning board overturns a decision of the planning commission or administrative officer, the proposed project application shall be remanded to the planning commission or administrative officer at the stage of processing from which the appeal was taken, for further proceedings before the planning commission or administrative officer and/or for final disposition, which shall be consistent with the zoning board's decision.
d.
The zoning board shall render a decision within ten days of the close of the public hearing. The decision shall be in writing and shall include reasons for the decision.
C.
Appeals to the superior court.
1.
Appeals of decisions of the zoning board of review.
a.
An aggrieved party may appeal a decision of the Jamestown zoning board of review to the Newport County Superior Court by filing a complaint setting forth the reasons of appeal within 20 days after the decision has been recorded and posted in the town clerk's office. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the planning commission shall be made parties to the proceedings.
b.
Within 30 days after being served with a copy of the complaint, the zoning 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.
c.
The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other appropriate orders as it deems necessary for an equitable disposition of the appeal.
d.
The court shall review the appeal pursuant to G.L. 1956, § 45-23-71.
2.
Appeals of enactment or amendment of regulations.
a.
Any legal resident or landowner of Jamestown, or any association of residents or landowners of Jamestown, may appeal an enactment or amendment of these subdivision and land development regulations by the planning commission by filing a complaint in the Newport County Superior Court within 30 days after such enactment or amendment has become effective.
b.
The complaint shall set forth with specificity the area or areas in which the enactment or amendment is not consistent with:
(1)
G.L. 1956, § 45-22.2-1 et seq., known as the Comprehensive Planning and Land Use Regulation Act;
(2)
G.L. 1956, § 45-24-27 et seq., known as the Zoning Enabling Act of 1991;
(3)
The 1991 Jamestown Comprehensive Community Plan; or
(4)
The Jamestown zoning ordinance [chapter 82].
c.
The appeal shall not stay the enforcement of the regulations, as enacted 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 such other orders as it deems necessary for an equitable disposition of the appeal.
d.
The court shall conduct the review without a jury. If the court finds that the enactment or amendment is not consistent with the statutory, ordinance, or regulatory provisions enumerated in section XII(C)(2)(b) [section C.2.b.] above, the court shall invalidate the enactment or the amendment, or those parts of such enactment or amendment that are not consistent. The court shall not revise the regulations to be consistent, but may suggest appropriate language as part of the court decision.
e.
The court may, in its discretion, upon motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, as set forth herein, including a municipality.