Town of Portsmouth, RI Article XIV Appeals to the Zoning Board of Review

Section A Right of appeal.

1. An appeal from any decision of the Zoning Enforcement Officer may be taken to the Zoning Board of Review by an aggrieved party. (The definition of an aggrieved party is provided in Article II, Definitions.)

2. An appeal from a decision of the Zoning Board of Review may be taken by an aggrieved party to the Superior Court, per the provisions of Article XVII herein and R.I. Title 45 Chapter 24 of the General Law of 1956 as amended.

Section B Appeals to Zoning Board of Review.

1. Any appeal to the Zoning Board of Review from a decision of the Zoning Enforcement Officer shall be taken within a reasonable time of the date of the recording of the decision by the Zoning Enforcement Officer by filing with the officer from whom the appeal is taken and with the Zoning Board of Review a notice of appeal, on forms as provided by the rules of the Board, specifying the ground thereof.

2. The officer from whom the appeal is taken shall forthwith 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.

Section C Stay of proceedings.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer from whom the appeal is taken certifies to the Zoning Board of Review, after an 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 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 thereof and upon notice to the officer from whom the appeal is taken on due cause shown.

Section D Public hearing by Zoning Board of Review.

1. The Zoning Board of Review shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties of interest, and decide the matter within a reasonable time.

a) Notice shall be given per the provisions of Article XIII Section B.

2. Upon the hearing, any party may appear in person or by agent or by attorney. Said hearing shall be conducted according to the written rules of procedure adopted by the Zoning Board of Review, and the provisions of Article XIII herein.

3. The cost of any notice required for the hearing shall be borne by the appellant.

Section E Decisions and records of Zoning Board of Review.

In exercising its powers the Zoning Board of Review 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 such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have 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 Article XIII herein.