§ 23-27.3-127.1.4 - Procedures – Record of variances.
SECTION 23-27.3-127.1.4
§ 23-27.3-127.1.4 Procedures – Recordof variances. – (a) Upon receipt of an appeal, the secretary of the board of standards andappeals shall appoint a panel of not less than nine (9) members of the board tohear the appeal. A majority of the panel constitutes a quorum.
(b) The board shall fix a day for hearing on the appeal andshall give reasonable notice thereof to the aggrieved party and the propertyowners within two hundred feet (200') of subject property line when, in theboard's discretion, it may have an adverse effect on neighboring properties. Aproperly indexed record of all variations made shall be kept in the office ofthe state building commissioner and shall be open to public inspection.
(c) An aggrieved party may file an appeal for a variance tothe board by certified mail, and a hearing date shall be set by the boardwithin thirty (30) days of filing. A copy of the decision of the board shall bemailed to the aggrieved party and the local board of appeal from which theappeal has been taken not later than thirty (30) days following the date of thehearing. Failure to render a decision within thirty (30) days does not affectthe validity of the decision or appeal.
(d) Application for appeal must be accompanied by three (3)copies of the required plans for review by the state building commission andthe state board of standards and appeal. When available, a copy of the localboard of appeals hearing transcript shall also be filed. When the board ofappeals deems it necessary, the aggrieved party shall also provide a radius mapindicating the adversely affected neighboring properties and a list of namesand addresses of the properties.
(e) The local board of appeals shall submit to the stateboard of standards and appeals a copy of its decision.
(f) Any aggrieved party affected by any ruling of the stateboard of standards and appeals may appeal to the sixth division district courtwithin thirty (30) days from the mailing to the local board of appeals andowner.
(g) The appellant and the city or town involved in theoriginal appeal to the board of standards and appeals shall remain as theparties in interest in any appeal to the sixth division district court. In theinstance where a town or city does not have a legally constituted board ofappeal and the state board is acting in accordance with § 23-27.3-127.1,the parties in interest in any appeal to the sixth division district courtshall remain the original appellant. An appeal from a decision of the board ofstandards and appeals shall be instituted by the aggrieved party's filing acomplaint in the sixth division district court in the county where the buildingor structure is located, and the complaint shall be served upon the opposingparty in the manner prescribed by applicable procedural rules. The state boardof standards and appeals shall not be a party to the appeal and shall not beserved with the complaint.
(2) The filing of the complaint does not itself stayenforcement of the board's decision, but the board may grant, or the reviewingcourt may order, a stay upon appropriate terms.
(3) Once an appeal has been filed, the sixth divisiondistrict court shall conduct its judicial review of the appeal in accordancewith § 42-35-15(d), (e), (f), and (g), and subsequent review by thesupreme court shall be in accordance with § 42-35-16.
(h) Upon the filing of an appeal to the sixth divisiondistrict court, the appellant shall notify the board of appeal in writing ofthe appeal, and the board shall within thirty (30) days after the receipt ofthe notice, transmit to the reviewing court the original or a certified copy ofthe entire record of the proceeding under review. By stipulation of all partiesto the review proceedings, the record may be shortened. Any partiesunreasonably refusing to stipulate to limit the record may be taxed by thecourt for the additional costs. The court may require or permit subsequentcorrections or additions to the record. The cost of transcribing the recordshall be paid by the appellant.