Barrington City Zoning Code
ARTICLE X
Enforcement and Administration
§ 185-38 Building Official.
This chapter shall be enforced by the Building Official of the Town of Barrington, who shall have, as minimum qualifications, five years of work experience and a working knowledge of all applicable building code requirements, environmental laws and development regulations. The Building Official shall have the following duties and powers:
A.
The issuing of any required permits or certificates.
B.
Collection of required fees.
C.
Keeping of records showing the compliance of uses of land.
D.
Authorizing commencement of uses or development under the provisions of this chapter.
E.
Inspection of suspected violations.
F.
Issuance of violation notices with required corrective action, and the collection of fines for violations.
H.
Performing other such duties and taking such actions as may be assigned in this chapter.
§ 185-39 Zoning certificate.
The Building Official shall, upon written request, issue a zoning certificate or provide information to the requesting party as to the determination by the Building Official what the use or designation is of a given parcel within 15 days of the written request. If no written response is provided in that time, the requesting party shall have the right to appeal to the Zoning Board of Review for the determination.
§ 185-40 Zoning permit and modification.
[Amended 12-4-2023 by Ord. No. 2023-12]
A.
Except as otherwise provided in this chapter, no land shall be used and no building, structure or sign shall be erected, modified, enlarged or placed into use until a zoning permit has been issued by the Building Official/Zoning Enforcement Officer of the Town of Barrington.
B.
The Building Official/Zoning Enforcement Officer is authorized to grant modification permits. The maximum percent allowed for a modification shall not exceed 15%. A modification does not permit moving of lot lines. The Building Official/Zoning Enforcement Officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Cost of any notice required under this subsection shall be borne by the applicant requesting the modification.
(1)
Within 10 days of the receipt of a request for a modification, the Building Official/Zoning Enforcement Officer shall make a decision as to the suitability of the requested modification based on the following determinations of the modification:
(a)
It is reasonably necessary for the full enjoyment of the permitted use;
(b)
If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
(c)
It does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations.
(d)
It does not violate any rules or regulations with respect to freshwater or coastal wetlands.
(2)
In the case of modification of 5% or less, the Building Official/Zoning Enforcement Officer shall have the authority to issue a permit approving the modification without any public notice requirements.
(3)
In the case of modification of greater than 5% or less, the Building Official/Zoning Enforcement Officer shall notify, by first-class mail, all property owners abutting the subject property, and shall indicate the street address of the subject property in the notice. The notice shall be published in a newspaper of local circulation that the modification will be granted unless written objection is received within 14 days of public notice.
(a)
If written objection is received within 14 days, the request for a modification shall be scheduled for the next available hearing before the Zoning Board of Review on application for dimensional variance, following the standard procedures, notice requirements, and fees for such variances.
(b)
If no written objections are received within 14 days, the Building Official/Zoning Enforcement Officer shall grant the modification.
(4)
The Building Official/Zoning Enforcement Officer may apply special conditions to the permit as may, in the opinion of the Officer, be required to conform to the intent and purposes of the zoning ordinance.
(5)
Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
C.
Application for a zoning permit shall be made to the Building Official, who may require submission of such plans, specifications or other pertinent data as may be deemed necessary by them to determine conformity with this chapter. All applications shall be on forms supplied by the Building Official. Upon approval of any application, the Building Official shall endorse their approval upon the application form and return one copy to the applicant. Copies of all submitted supporting material shall be retained by the Building Official as part of Town records. If an application is denied, the application shall be so endorsed by the Building Official and a copy forwarded to the applicant with a statement of the reasons for the denial.
D.
A zoning permit shall be valid for the duration of the use which was the subject of the original issuance and shall expire upon termination of that use. Where a zoning permit authorizes the construction of a structure, building or sign, said construction shall be substantially initiated within one year of permit issuance and shall be diligently prosecuted until completed. Where said construction is not substantially initiated within one year, the zoning permit shall automatically expire and a new application shall be submitted to the Building Official.
§ 185-41 Fees.
[Amended 12-4-2023 by Ord. No. 2023-12]
Fees for the processes described in this chapter shall be set by the Town Council from time to time, and shall be payable upon submission of either the written request for a certificate or the application for a permit. The fee for a zoning permit shall be nonrefundable, regardless of approval or denial of the application.
§ 185-42 Compliance with other regulations.
A.
In the event of a conflict between this chapter and the Rhode Island State Building Code, the State Building Code shall control in all instances except when the provisions of this chapter impose stricter or more stringent requirements. In cases of doubt, the State Building Code shall control. Nothing herein contained shall relieve any applicant from complying fully with all applicable provisions of the State Building Code.
B.
Satisfaction of the requirements of this chapter shall not relieve any applicant of the responsibility of obtaining such other permits or approvals as may be required under applicable provisions of other codes, ordinances, statutes, regulations or rules of any unit of local, state or federal government. Where any such code, ordinance, statute, regulation or rule requires approval as a prerequisite to the issuance of a zoning permit, evidence of such approval shall be submitted at the time of application for the zoning permit.
C.
Whenever the terms of this chapter require a higher standard than is required in any other ordinance, statute, regulation or rule, the provisions of this chapter shall prevail. Whenever the provisions of another ordinance, statute, regulation or rule require a higher standard than this chapter, the provisions of such other ordinance, statute, regulation or rule shall prevail.
§ 185-43 Vested rights.
A.
Under the provisions of this article, any application considered by the Town shall be reviewed according to the regulations applicable in the Zoning Ordinance in force at the time the application was deemed substantially complete. An application is deemed to be substantially complete with either the issuance of a zoning permit by the Building Official, or the submittal of all necessary forms, filing fees, plans and other documentation required under the provisions of § 185-58 and § 185-60 of this chapter, and its acceptance for filing by the Town Clerk.
B.
If an application is vested pursuant to this article, such development shall be substantially initiated within six months after approval and diligently prosecuted until completion. The failure to initiate development of the property within this time limit shall render the approval null and void. Any development of the subject property proposed following the failure to initiate development within six months of approval shall require the submission of an application subject to the then-applicable provisions of this chapter.
§ 185-44 Violations and penalties.
A.
Any person or corporation, whether as principal, agent, employee or otherwise, who violates any provision of this chapter, any condition imposed by the Zoning Board of Review or any requirement of the Building Official, or who fails to procure a zoning permit when such is required, may be fined an amount not to exceed $500 for each offense, such fine to inure to the Town of Barrington. Each day of the existence of any such violation shall be deemed a separate offense. Without limiting the generality of the foregoing, owners of premises leased to tenants shall be responsible for any violations of the provisions of this chapter by their tenants and, upon notice thereof, shall take all steps reasonably necessary to abate any such violation.
B.
The erection, construction, enlargement, conversion, moving or maintenance of any building, structure or sign and the use of any land or building which is continued, operated or maintained contrary to any of the provisions of this chapter is hereby declared to be a violation of this chapter. The Building Official shall institute appropriate action through the Town Solicitor to remove such violation. The remedies provided in this paragraph shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
§ 185-45 Maintenance of Zoning Ordinance and Map.
A.
The Town Clerk shall be the custodian of the zoning ordinance and Zoning Map(s) created thereunder and shall make available copies of the ordinance and all subsequent amendments to Town officials and to the general public, at a reasonable cost.[1] The Town Clerk shall be responsible for maintaining and updating the ordinance and shall ensure that amendments or other changes which impact the zoning ordinance and Zoning Map are properly recorded under the provisions of § 185-53.
B.
Upon publication of the zoning ordinance and the Zoning Map, and any amendments thereto, the Town Clerk shall send a copy to the state law library.
[Amended 12-4-2023 by Ord. No. 2023-12]
§ 185-46 Review of provisions.
[Amended 12-4-2023 by Ord. No. 2023-12]
At least once every five years, the Planning Board shall review this chapter for the purpose of considering proposed amendments due to changes in policies or conditions within the Town of Barrington. Following such review, the Planning Board shall report to the Town Council and, if necessary, make recommendations regarding revisions. Whenever changes are made to the Barrington Comprehensive Plan, the Planning Board will identify any changes necessary in this chapter and forward these changes to the Town Council.