It shall be the duty of the zoning enforcement officer to interpret and enforce the provisions of this chapter in the manner and form and with the powers provided in the laws of the state and in the charter and ordinances of the town. The zoning enforcement officer shall make a determination in writing within 15 days to any written complaint received, regarding a violation of this chapter. Any determination of the zoning enforcement officer may be appealed to the board in accordance with section 28-410.

Before a building permit or certificate of occupancy is issued for the construction, reconstruction, alteration, repair, demolition, removal, enlargement or occupancy of any building or structure or use of premises, a site plan shall be submitted to the ZEO indicating the intended use and its conformity in all respects to the provisions of this chapter.

(1)

Site plan required. An application (three copies) for a building permit for an addition, erection or enlargement, under the provisions of the Rhode Island Building Code shall be accompanied by a site plan, drawn to scale, showing the following:

a.

Accurate dimensions of the lot;

b.

The building site;

c.

The location, use and size of existing buildings on the lot;

d.

All proposed construction;

e.

All front, side and rear yard dimensions;

f.

Proposed parking areas;

g.

Conformance with the Soil Erosion, Runoff and Sediment Control Ordinance; and

h.

Such other information as may be necessary to enforce the provisions of this chapter as the ZEO may require.

Plans shall be approved by the ZEO, planning board administrative officer, public works director, wastewater superintendent, fire chief, historic district commission representative, or their designee using the signature form provided by the building inspector prior to submittal of a building permit application.

(2)

Site plan not required. A site plan shall not be required with an application for a permit involving the alteration of an existing building(s), where the use and exterior dimensions of the buildings are not changed or enlarged in any manner, unless such alteration would increase the need for required on-site parking.

(3)

Foundation verification for structures. Prior to issuance of a foundation or building permit for any commercial development and any residential development located in at or within five feet of the yard setback, the owner shall submit a stamped plan prepared by a registered land surveyor verifying that the foundation location will comply with all required setbacks as stipulated by the zoning ordinance and/or the planning or zoning boards; and, the corners of the foundation shall be staked at the site. After the foundation walls are in place, the surveyor shall re-measure and submit a certified record plan to the building official for approval prior to proceeding with additional construction.

In order to provide guidance or clarification, the zoning enforcement officer shall, upon written request, issue a zoning certificate or provide information to the requesting party within 15 days of the written request. A zoning certificate shall be required for any of the following:

(1)

Occupancy and use of a building hereafter erected or enlarged or intensified;

(2)

Change in use of an existing building to a different use;

(3)

Occupancy and use of vacant land except for the raising of crops;

(4)

Change in the use of land to a different use except for the raising of crops; or

(5)

Any change in use of a nonconforming use.

(a)

A well certificate is required from the building inspector for all new wells being used as potable water sources. New artesian or bedrock wells to be used as a potable water source are allowed in all residential zones except for R-10SW and R-6, provided that they meet the following standards:

(1)

Only artesian or drilled bedrock wells shall be permitted;

(2)

Prior to a building permit, wells must be drilled and tested;

(3)

The fire chief shall determine whether there is adequate fire safety in area;

(4)

Shall meet all state department of environmental management standards.

(5)

A plan shall be submitted to the building official showing the exact location of all wells on the premises.

(b)

If an owner receives a variance from any state agency on well standards, then the well must first receive a special use permit prior to the installation of the well.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare.

All departments, officials and public employees of the town which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.

(a)

Complaints and violations. The zoning environment officer (ZEO) is responsible for the enforcement of the zoning ordinance and shall investigate suspected violations. Any person alleging a violation, raising a question on zoning compliance, or requesting information about a specific case of zoning compliance shall submit to the zoning enforcement officer a complaint. If the complaint includes the name and address of the complaining person, the ZEO shall determine promptly within three business days and in writing if the property at issue complies with this chapter. The ZEO, in his or her discretion, may investigate anonymous complaints. All determinations of the ZEO must be based on consideration of the facts and on the application of governing provisions of this chapter. As appropriate, input from other parties, including but not limited to the owner, the town solicitor, and/or from the building official may be sought.

(b)

Removal of violation and fines. Any person or corporation, whether as principal, agent, employee or otherwise, who violates or is the owner of property in violation of any of the provisions of this chapter shall be required, where possible, to remove the violation as soon as practicable and shall be fined up to $500.00 for each offense, such fine to inure to the town. Each day of the existence of any violation shall be deemed a separate offense. The erection, construction, enlargement, intensification, conversion, moving or maintenance of any building or structure 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 and unlawful. The zoning enforcement officer shall be empowered to levy such fines, with appeal thereupon to the municipal court. The fine shall relate to the seriousness of the offense.

(c)

Town remedies. Wherein a 20-day period an owner fails to remove the violation and/or pay all fines in full that have been levied, the ZEO shall either cause the violation to be cured or, file an action in the municipal court to (i) compel payment of all fines, and/or (ii) institute other appropriate action in the municipal court to prevent, enjoin, abate, or remove such violation, or compel compliance with the provisions of this chapter. Any costs associated with correcting the violation and/or any unpaid fines and court costs may be filed by the ZEO as liens on the property, except where the municipal court provides other relief. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Appeals from decisions of the municipal court shall be in accordance with section 2-216 of the Town Code.

(d)

Mediation. Both the owner and the town should consider action in court to be the last resort, to be used only when all other means of resolution have been exhausted. Mediation, usually by mutually agreed on and qualified third parties, should be encouraged and accepted, where appropriate, as an alternative to court. The costs of such mediation shall be borne equally by both sides unless the mediator recommends otherwise. Alternate dispute resolution may occur prior to or during an appeal to court.

(e)

Notice and order. Where a determination is made that a violation exists, the zoning enforcement officer shall immediately give written notice of the violation to the owner, said notice to be sent by certified mail, return receipt requested, or hand delivered which may include posting the notice on the subject property, stating clearly what conditions violate what regulations and ordering the action necessary to correct it. All materials relating to such notice (including the underlying complaint) shall be public and shall be provided upon request, unless such public release would jeopardize an ongoing investigation. If the ZEO finds that the violation has been willful or constitutes an immediate hazard to the public health, safety, or welfare, the time in which the owner must comply shall be immediately upon notice from the ZEO and shall be subject to fines pursuant to subsection 28-407(b). For all other violations, the owner shall have not more then five days in which to comply with said order.

(Amend. of 1-27-21)

(a)

Establishment and procedures. A zoning board of review, herein called the "board", is hereby created. The board, with the approval of the town council may engage technical assistance to aid in the discharge of its duties. The director of community development shall serve as staff to the board or designate the assistant planner to serve as such staff. The town solicitor or assistant town solicitor shall serve as legal counsel to the board. The board shall establish written rules of procedure within six months of the adoption of these zoning regulations. Appeals and correspondence to the board shall be sent to the board in care of the director of community development. The director of community development shall file all records and decisions of the board. The director shall also sponsor training sessions three times a year and members shall be required to have four hours of training a year.

(b)

Membership. The zoning board of review shall consist of five members who are residents of the town, appointed by the town council, each to hold office for the term of five years; provided, however, that the original appointments shall be made for terms of one, two, three, four and five years respectively. The board shall also include two alternates to be designated as the first and second alternate members, for terms of two years. These alternate members shall sit and shall actively participate in all hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning such matter. Vacancies in unexpired terms of board members shall be filled by the town council no more than 90 days following the vacancy. Members may be removed by the town council for due cause, for not attending three consecutive meetings and/or for not fulfilling training requirements.

(c)

Prior members. Members of the board serving on the effective date of amendment of this chapter shall be exempt from provisions of this chapter respecting terms of originally appointed members until the expiration of their current terms.

(d)

Chair. The board shall, in April of each year, elect a chairperson and vice-chairperson and may elect a secretary from its membership. The chairperson, or in his/her absence, the vice-chairperson, may administer oaths and compel attendance of witnesses by the issuance of subpoenas. The board may also engage the services of a secretary or stenographer within the limit of the funds available to it.

(e)

Powers and duties. The board shall have the following powers and duties:

(1)

To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision or determination made by an administrative officer or agency, including the planning board, in the enforcement or interpretation of this chapter.

(2)

To hear and decide appeals from a party aggrieved by a decision of the historic district commission, pursuant to section 28-281.

(3)

To authorize upon application, in specific cases of hardship, variances in the application of the terms of this chapter.

(4)

To authorize upon application, where specified in this chapter, special use permits.

(5)

To refer matters to the planning board, community development department, or to other boards or agencies of the town as the board may deem appropriate, for findings and recommendations.

(6)

To provide for issuance of conditional zoning approvals, either variance or special use permits, where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked, after a public hearing with due notice, in the instance where any necessary state or federal agency approvals are not received within a specified time period.

(7)

To hear and decide such other matters, according to the terms of this chapter or other statutes, and upon which the board may be authorized to pass under this chapter or other statutes.

(f)

Voting. The board shall be required to vote as follows:

(1)

Four active members, which may include alternates, shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself, and shall not sit as an active member and shall take no part in the conduct of the hearing. A maximum of five active members, which may include alternates, shall be entitled to vote on any issue.

(2)

The concurring vote of a majority of members of the board sitting at a hearing shall be necessary to reverse any order, requirement, decision or determination of the historic district commission, the planning board, or any administrative officer or agency from whom an appeal was taken.

(3)

The concurring vote of a majority of members of the board sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the board upon which it is required to pass under this chapter, including variances and special use permits.

(g)

Application procedure. Application procedures shall be adopted by the board for the filing of appeals, request for variances, special use permits, development plan review, site plan review and such other applications as may be specified in this chapter, and shall be prepared by the director of community development and published.

(h)

Fees. Fees shall be required, in an amount established from time to time by the town council, to be paid by the appellant or applicant for the adequate review and hearing of applications, issuance of zoning certificates and the recording of the decisions thereon.

(i)

Decisions and records of the zoning board of review. Following a public hearing, the board shall render a decision within 20 days. Every decision shall be based on findings of fact. The zoning board of review may not make any decisions that are inconsistent with the findings of other officials, unless the board makes their own findings, based on facts present in the record, that the findings of other officials are in clear error or clearly exceed their authority. The board shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his failure to vote. Decisions shall be recorded and filed in the office of the director of community development and posted in the town hall in a location visible to the public for a period of 20 days within 30 working days from the date when the decision was rendered, and shall be a public record. The board shall keep written minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the director of community development in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the board shall have the proceedings taken by a competent stenographer.

Any decision by the board, including any special conditions attached thereto, shall be mailed to the applicant, to the planning board and to the associate director of the division of planning of the state department of administration. Any decision evidencing the granting of a variance, modification or special use shall also be recorded and indexed according to the affected lots in the land evidence records of the town by the zoning enforcement officer. In no case shall a building permit be issued prior to recording.

(Ord. No. 2023-23, 12-6-23)

Cross reference— Boards, commissions and committees, § 2-91 et seq.

(a)

Application. An application for relief from the literal requirements of this chapter because of hardship, or an application for a special use permit may be made by any person, group, agency or corporation, provided that the owner or owners of the subject property must join in any application by filing with the director of community development an application describing the request and supported by such data and evidence as may be required by the board and set forth in its written rules of procedure. An application from a corporation must be signed by its attorney or duly authorized officer of the corporation. The director of community development shall immediately transmit such application received to the board and shall transmit a copy of each application to the planning board.

(b)

Hearing and notice. The zoning board shall immediately upon receipt of an application for a use variance or special use permit, request that the planning board report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan of the town, in writing to the board. The planning board may, but need not, hold a public hearing on any such request to the zoning board not later than 30 days from receipt of the request by the planning board. The planning board may also delegate the review of such requests to its technical review committee pursuant to RIGL § 45-23-32(52). The zoning board shall hold a public hearing on any application for variance or special use permit in an expeditious manner after receipt in proper form of an application and the planning board recommendation, provided such recommendation is received within the specified 30 days. The zoning board shall give public notice thereof at least 14 days prior to the date of the hearing in a newspaper of local circulation in the town. The same notice shall be posted in the town clerk's office and one other municipal building and shall be accessible on the home page of the town's website at least 14 days prior to the hearing. Notice of this hearing, including at least the substance of the application and the street address of the subject property, shall be sent by first class mail to the applicant and to:

(1)

All owners of real property whose property is located within 200 feet of the perimeter of the subject property, if any part of the subject property is located in the D, W, LB or R-6 zones; or

(2)

All owners of real property whose property is located within 300 feet of the perimeter of the subject property, if any part of the subject property is located in any zone other than the zones set forth in subsection 28-409(b)(1) of this section; and

(3)

To the town council of any town to which one or more of the following pertain:

a.

Which is located within 200 or 300 feet, as set forth in subsections 28-409(b)(1) and (2) of this section, of the boundary of the subject property; or

b.

Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of any part of the subject property, regardless of municipal boundaries; and

(4)

To the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public water source and that is within 2,000 feet of any part of the subject property; provided, however, that the governing body of any state or municipal water company has filed with the director in the town a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.

Such notice as is required in subsections 28-409(b)(1) and (2) of this section shall be sent whether or not the noticed land is within the town or within an adjacent town. No defect in the form of any notice under this section shall render any variance, special use permit or decision on appeal, invalid, unless such defect is found to be intentional or misleading. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

(c)

Standards for relief. The following shall be standards for relief:

(1)

Variance. In granting a variance, the board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

a.

That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area, and not due to an economic disability of the applicant;

b.

That such hardship is not the result of any prior action of the applicant;

c.

That the granting of the requested variance will not alter the general characteristic of the surrounding area or impair the intent or purpose of this chapter or the comprehensive plan of the town;

d.

The board shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

1.

In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this chapter. Nonconforming use of neighboring land or structures in the same district and permitted use of land or structures in an adjacent district shall not be considered grounds for granting a use variance; and

2.

In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

(2)

Special use permit. In granting a special use permit, the board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

a.

That the special use is specifically authorized by this chapter, and setting forth the exact section of this chapter containing the jurisdictional authorization;

b.

That the special use meets all of the standards set forth in the subsection of this chapter (section 28-150) authorizing such special use; and

c.

That the granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the comprehensive plan of the town.

(d)

Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after public hearing under this chapter, the board may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan of the town and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision and may include, but are not limited to, provisions for:

(1)

Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

(2)

Controlling the sequence of development, including when it must be commenced and completed;

(3)

Controlling the duration of use or development and the time within which any temporary structure must be removed;

(4)

Assuring satisfactory installation and maintenance of required public improvements;

(5)

Designating the exact location and nature of development; and

(6)

Establishing detailed records by submission of drawings, maps, plats or specifications.

(e)

Dimensional variance in conjunction with special use permit. An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use permit. If the special use could not exist without the dimensional variance, the zoning board of review shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.

(Ord. No. 2023-23, 12-6-23)

(a)

Procedure. An appeal to the board from a decision of any other agency or officer (including the ZEO, the HDC and the planning board), may be taken by an aggrieved party. Such appeal shall be taken within 20 days of the date of the recording of the decision of the officer or agency, or within 20 days of the time when the aggrieved party knew or should have known of the action or decision of such officer or agency. The appeal shall be commenced by filing an application with the board, with a copy to the officer or agency from whom the appeal is taken, specifying the ground thereof; and, by mailing a copy of the appeal that is date stamped by the Town of Bristol to the owner and/or applicant of the premises by certified mail return receipt requested and by regular mail. The officer or agency from whom the appeal is taken shall forthwith transmit to the board all papers, including any transcript or audio tapes, constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board.

(b)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer or agency from whom the appeal is taken certifies to the board, after the appeal shall have been duly filed, that by reason of facts stated in the certificate, a stay would in the officer's or agency's opinion cause imminent peril to life or property. In such 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 or agency from whom the appeal is taken on due cause shown.

(c)

Public hearing. The board shall hold a hearing of the appeal within 45 days of receipt of the application for an appeal, give public notice thereof in the same manner as set forth in subsection 28-409(b), as well as due notice to the parties of interest, and decide the same within 20 days of the close of the hearing. At the hearing, any party may appear in person or by agent or by attorney. In the case of an appeal, the agency or official from whom the appeal has been taken shall appear at the hearing to answer questions of the zoning board or present an argument in defense of the action appealed from, as the case may be. Where it is an agency, such as the planning board or the historic district commission, whose action is being appealed, such agency shall designate one member or staff person to represent it before the board. Other members of such agency may appear, but only in the capacity of private citizens. The cost of any notice required for the hearing shall be borne by the appellant.

(d)

Decisions and records of the board. In exercising its powers in ruling, the board 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 order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken. All decisions and records of the board respecting appeals shall conform to the provisions of subsection 28-407(i).

An aggrieved party may appeal a decision of the board to the Superior Court for Providence and Bristol Counties by filing a complaint setting forth the reasons of appeal within 20 days after such decision has been recorded and posted in the office of the town clerk. The decision shall be posted in a location visible to the public in the town hall for a period of 20 days following the recording of the decision. The party taking the appeal shall notify all abutters in accordance with RIGL 45-24-69.1. The 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 within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, such original applicant or appellant and the members of the board shall be made parties to such proceedings. 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 orders as it deems necessary for an equitable disposition of the appeal.

Unless specifically granted by the board for a longer period of time, a special use permit or variance from the provisions of this chapter shall expire two years from the date granted by the board unless the applicant receives a building permit and commences construction, and diligently prosecutes the construction until completed or obtains a certificate of occupancy where no building permit is required. The board may extend a special use permit or variance for a period of one additional year at a time for good cause shown if a request is received in writing prior to expiration of the decision and voted on at a regular meeting of the board. No reapplication for a special use permit or variance shall be granted without a hearing as specified above. The board shall not accept a second appeal or application which is identical to an appeal or application, which has been adversely decided, for a period of two years from the date in which the decision is recorded and filed unless facts are presented to the board indicating a substantial and specific change in conditions or circumstances relating to the matter.

(a)

Unified development review established. There shall be unified development review for the issuance of variances and special use permits for properties undergoing review by development plan review and/or land development or subdivision review.

(b)

Public hearing. All land development and subdivision applications, and development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing.

(c)

In granting requests for dimensional and use variances, the planning board shall be bound to the requirements of section 28-409(c)(1) relative to entering evidence into the record in satisfaction of the applicable standards.

(d)

In reviewing requests for special use permits the planning board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance at section 28-409(c)(2), and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to section 28-408(i).

(e)

Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to RIGL 45-23-71.

(Ord. No. 2023-23, 12-6-23)

Editor's note— Ord. No. 2023-23, adopted Dec. 6, 2023, set out provisions intended for use as 28-414. For purposes of clarity and at the editor's discretion, these provisions have been included as 28-413.