Title 45
Towns and Cities

Chapter 23
Subdivision of Land

§ 45-23-67. Appeals from decision of administrative officer.

(a) Process and timing. Local regulations adopted pursuant to this chapter shall provide that an appeal from any decision of the administrative officer charged in the regulations with enforcement of any provisions, except as provided in this section, may be taken to the board of appeal by an aggrieved party as set forth in this section. Decisions by the administrative officer approving or denying projects shall not be subject to this section and shall proceed directly to superior court as set forth in § 45-23-71.

(1) An appeal to the board of appeal from a decision or action of the administrative officer may be taken by an aggrieved party to the extent provided in this section. The appeal must be taken within twenty (20) days after the decision has been recorded in the city’s or town’s land evidence records and posted in the office of the city or town clerk.

(2) The appeal shall be in writing and state clearly and unambiguously the issue or decision that is being appealed, the reason for the appeal, and the relief sought. The appeal shall either be sent by certified mail, with a return receipt requested, or be hand-delivered to the board of appeal. The city or town clerk shall accept delivery of an appeal on behalf of the board of appeal, if the local regulations governing land development and subdivision review so provide.

(3) Upon receipt of an appeal, the board of appeal shall require the administrative officer to immediately transmit to the board of appeal, all papers, documents, and plans, or a certified copy thereof, constituting the record of the action that is being appealed.

(b) Stay. An appeal stays all proceedings in furtherance of the action being appealed.

(c) Hearing.

(1) The board of appeal shall hold a hearing on the appeal within forty-five (45) days of the receipt of the appeal and give public notice of the hearing, as well as due notice to the parties of interest. At the hearing the parties may appear in person, or be represented by an agent or attorney. The board shall render a decision within ten (10) days of the close of the public hearing. The cost of any notice required for the hearing shall be borne by the applicant.

(2) The board of appeal shall only hear appeals of the actions of an administrative officer at a meeting called especially for the purpose of hearing the appeals and that has been so advertised.

(3) The hearing, which may be held on the same date and at the same place as a meeting of the zoning board of review, must be held as a separate meeting from any zoning board of review meeting. Separate minutes and records of votes shall be maintained by the board of appeal.

(d) Standards of Review.

(1) As established by this chapter, in instances of a board of appeal’s review of an administrative officer’s decision on matters subject to this chapter, the board of appeal shall not substitute its own judgment for that of the administrative officer but must consider the issue upon the findings and record of the administrative officer. The board of appeal shall not reverse a decision of the 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.

(2) The concurring vote of three (3) of the five (5) members of the board of appeal sitting at a hearing, is necessary to reverse any decision of the administrative officer.

(3) In the instance where the board of appeal overturns a decision of the administrative officer, the proposed project application is remanded to the administrative officer, at the stage of processing from which the appeal was taken, for further proceedings before the administrative officer and/or for the final disposition, which shall be consistent with the board of appeal’s decision.

(4) The board of appeal shall keep complete records of all proceedings including a record of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include in the written record the reasons for each decision.