It shall be the duty of the director of minimum housing (building official or zoning enforcement officer) to interpret and enforce the provisions of this ordinance in the manner and form and with the powers provided in the laws of the state and in the charter and ordinances of the city. The building official shall refer all applications for variances, special use permits and other applications to the director of the division of planning ("director") for review and an advisory opinion. The building official shall make a determination in writing, within 15 days, to any written complaint received, regarding a violation of this ordinance. In order to provide guidance or clarification, the building official shall, upon written request, issue a zoning certificate or provide information to the requesting party within 15 days of the written request. Any determination of the building official may be appealed to the board in accordance with section 907 of this ordinance.

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 building official indicating the intended use and its conformity in all respects to the provisions of this ordinance.

902.1. Site plan. 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 accurate dimensions of the lot; the building site; the location and size of existing buildings on the lot; all proposed construction; all front, side and rear yard dimensions; proposed parking areas; and such other information as may be necessary to enforce the provisions of this ordinance. 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.

A certificate of occupancy shall be required for any of the following:

(A)

Occupancy and use of a building hereafter erected or enlarged;

(B)

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

(C)

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

(D)

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

(E)

Any change in use of a nonconforming use.

The occupancy, use or change of use shall not take place until a certificate of occupancy has been issued by the building official in accordance with the requirements for the issuance of a certificate of occupancy as stated in the Rhode Island Building Code.

In interpreting and applying the provisions of this ordinance, 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 city which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this ordinance 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 ordinance. Any permit or license issued in conflict with the provisions of this ordinance shall be null and void.

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 ordinance shall be fined up to $500.00 for each offense, such fine to inure to the city. 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 ordinance is hereby declared to be a violation of this ordinance and unlawful. The building official shall be empowered to levy such fines, with appeal thereupon to the district court. The city solicitor shall be empowered to institute injunction, abatement or any other appropriate action in any appropriate court to prevent, enjoin, abate or remove such violation. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

An appeal to the zoning board of review from a decision of any other zoning enforcement agency or officer may be taken by an aggrieved party in accordance with G.L. 1956, § 45-24-64 et seq.

908.1 - Establishment and procedures. A zoning board of review, herein called the "board," is hereby created. Board members may be remunerated in the performance of official duties, at an amount to be established by the city council. The board may engage legal, technical or clerical assistance to aid in the discharge of its duties. The division of planning shall serve as planning staff to the board. The board shall establish written rules of procedure within six months of the adoption of this ordinance. Appeals and correspondence to the board shall be sent to the board in care of the division of planning. The division of planning shall file all records and decisions of the board.

908.2 - Membership. The zoning board of review shall consist of five members who are residents of Central Falls, appointed by the mayor and confirmed by the city 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 five years. These alternate members shall sit and may actively participate in 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 mayor no more than 90 days following the vacancy. Members may be removed by the city council, upon the recommendation of the mayor, for due cause and for not attending three consecutive meetings.

908.3 - Prior members. Members of zoning boards of review serving on the effective date of adoption of this ordinance shall be exempt from provisions of this chapter [this ordinance] respecting terms of originally appointed members until the expiration of their current terms.

908.4 - Chair. The board shall, at its first meeting following the adoption of this ordinance, and in January of each year thereafter, elect a chairperson, vice-chairperson and secretary from its membership. The chairperson, or in his/her absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.

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

(A)

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 in the enforcement or interpretation of this ordinance.

(B)

To hear and decide appeals from a party aggrieved by a decision of the HDC, pursuant to article VI.

(C)

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

(D)

To authorize, upon application, in specific cases, special use permits.

(E)

To refer matters to the planning commission, planning division, or to other boards or agencies of the city as the board may deem appropriate, for findings and recommendations.

(F)

To provide for issuance of conditional zoning approvals 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 in the instance where any necessary state or federal agency approvals are not received within a specified time period.

(G)

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

State Law reference— Similar provisions, G.L. 1956, § 45-24-57(1).

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

(A)

Five active members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself/herself, and shall not sit as an active member and shall take no part in the conduct of the hearing. Only five active members shall be entitled to vote on any issue.

(B)

The concurring vote of three of the five members of the board sitting at a hearing shall be necessary to reverse any order, requirement, decision or determination of the HDC or any zoning administrative officer from whom an appeal was taken.

(C)

The concurring vote of four of the five 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 ordinance, including variances and special use permits.

State Law reference— Similar provisions, G.L. 1956, § 45-24-57(2).

908.7 - Application procedure. Application procedures may be required 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 ordinance, and shall be prepared by the director and published.

908.8 - Fees. Reasonable fees are required, in an amount to be established by the city 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.

908.9 - Decisions and records of the zoning board of review. Following a public hearing, the board shall render a decision within 20 days. The board shall include in its decision a statement of findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the division of planning within ten 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 planning division 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 minutes taken either by a competent stenographer or recorded by a sound-recording device.

Any decision by the board, including any special conditions attached thereto, shall be mailed to the applicant, to the planning division, and to the associate director of the division of planning of the Rhode Island department of administration. Any decision evidencing the granting of a variance, modification or special use shall also be recorded in the land evidence records of the city.

State Law reference— Similar provisions, G.L. 1956, § 45-24-61.

908.10 - Expiration of variances and special use permits - Unless reviewed under a unified development application, any variance or special use permit shall expire one year after the date of filing of the decision with the city clerk unless the applicant shall, within one year, obtain a legal building permit and proceed with the construction; or obtain a certificate of occupancy when no building permit is required. The board may, upon written request and for cause shown prior to the expiration of the one year period, renew the variance or special use permit for a second period of up to one year. Said request for an extension need not be advertised.

Should an applicant fail to begin construction with a legal building permit, or obtain a certificate of occupancy within the extension period, the board may, upon written request prior to the expiration period, renew the variance or special use permit for a third period of up to one year, provided that the applicant can show due diligence in proceeding and substantial financial commitment in promoting the subject variance or special use permit since the date of the original filing of the decision, notice shall be given in accordance with section 908.2 and a hearing shall be held on the request.

None of the periods shall run during the pendency of any of any superior court actions seeking to over turn the grant.

909.1 - General provisions - Variances.

a.

An application for relief from the literal requirements of this zoning ordinance because of hardship may be made by any person, group, agency, or corporation by filing with the zoning enforcement officer or agency, or in the case of unified development review, with the planning department (the "review board"), an application describing the request and supported by any data and evidence as may be required by the review board or by the terms of this ordinance. The zoning enforcement officer or planning department shall immediately transmit each application received to the review board and a copy of each application to the planning department.

b.

The review board, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance, may request that the planning staff 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 City of Central Falls, in writing, to the review board within 30 days of receipt of the application from that board. The review board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice at least 14 days prior to the date of the hearing in a newspaper of local circulation in the city or town. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under G.L. 1956, § 45-24-53. The notice shall also include the street address of the subject property. The same notice shall be posted in the city clerk's office and one other municipal building in the city and the city must make the notice accessible on its website at least 14 days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of notification shall be borne by the applicant.

c.

Requests for dimensional and use variances and special use permits submitted under a unified development review provision of this zoning ordinance shall be submitted as part of the subdivision or land-development application to the administrative officer of the planning board, pursuant to G.L. 1956, § 45-24-46.4(a). All subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing, which shall meet the requirements G.L. 1956, § 45-23-50.1(c).

d.

In granting a variance, the zoning board of review, or the planning board under unified development review as appropriate, shall require that evidence to the satisfaction of the following standards is entered into the record of the proceedings:

(1)

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 is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in G.L. 1956, § 45-24-30(a)(16);

(2)

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

(3)

That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan upon which the ordinance is based.

e.

The zoning board of review, or, where unified development review is enabled, the planning board shall, in addition to the above standards, require that evidence is entered into the record of the proceedings 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 the zoning ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and

(2)

In granting a dimensional variance, that the hardship suffered by the owner of the subject property if the dimensional variance is not granted amounts 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 is not grounds for relief. The zoning board of review, or, [planning board] in unified development review, has the power to grant dimensional variances where the use is permitted by special-use permit.

909.2 - Special use permit. In granting a special use permit, the board shall require that evidence to the satisfaction of the specific and objective criteria as hereinbefore provided in this ordinance as well as the following:

(1)

That the special use is specifically authorized by sections 305 and 514 of this ordinance, and setting forth the exact subsection of this ordinance containing the jurisdictional authorization;

(2)

That the special use meets all of the criteria set forth in the subsection of this ordinance authorizing such special use; and

909.3 - 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 ordinance, 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 city and this ordinance. 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.

State Law reference— Variances, G.L. 1956, § 45-24-41 et seq.

910.1 - Procedure. The director of the planning division shall be the officer to receive a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map(s). Immediately upon receipt of such proposal, the director shall refer such proposal to the city council and the planning commission for study and recommendation. The planning commission shall report to the city council within 45 days after receipt of the proposal, giving its findings and recommendations. The city council shall hold a public hearing within 65 days of receipt of [the] proposal, giving proper notice as prescribed in section 910.3 of this ordinance. The city council shall render a decision on any such proposal within 45 days after the date of completion of the public hearing. The provisions of this subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant.

State Law reference— Similar provisions, G.L. 1956, § 45-24-51.

910.2 - Review by planning commission. Among its findings and recommendations to the amendment or repeal of this ordinance or zoning map, the planning commission shall:

(1)

Include a statement on the general consistency of the proposal with the comprehensive plan of the city, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and

(2)

Include a demonstration of recognition and consideration of each of the applicable purposes of zoning as presented in section 100 of this ordinance.

State Law reference— Similar provisions, G.L. 1956, § 45-24-52.

910.3 - Notice and hearing requirements.

(1)

No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the city council. The city council shall first give notice of such public hearing by publication of notice in a newspaper of local circulation within the city at least once each week for three consecutive weeks prior to the date of such hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter to the proposed ordinance. Written notice to the parties specified in subsections (2), (3), (4) and (5) of this section, at least two weeks prior to the hearing. The same notice shall be posted in the city clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on its municipal home page of its website at least 14 days prior to the hearing. The notice shall:

(a)

Specify the place of said hearing and the date and time of its commencement;

(b)

Indicate that adoption, amendment or repeal of a zoning ordinance is under consideration;

(c)

Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize or describe the matter under consideration;

(d)

Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copies; and

(e)

State that the proposal shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any such alteration or amendment must be presented for comment in the course of said hearing.

(2)

Where a proposed general amendment to an existing zoning ordinance includes changes in an existing zoning map, public notice shall be given as required by subsection (1) of this section.

(3)

Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of the real property as shown on the current real estate tax assessment record of the city. The notice shall be given by first-class mail at least two weeks prior to the hearing at which the text amendment is to be considered, with the content required by subsection (1) and with reference to the merger clause in this ordinance and the impacts of common ownership of nonconforming lots. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

(4)

Where a proposed amendment to an existing ordinance includes a specific change in a zoning district map but does not affect districts generally, public notice shall be given as required in subsection (1) of this section, with the additional requirements that:

(a)

Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names, and city boundaries where appropriate; and

(b)

Written notice of the date, time and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located within 200 feet of the perimeter of the area proposed for change, whether within the City of Central Falls or within an adjacent city or town in which the property is located.

(5)

Notice of a public hearing shall be sent by first class mail to the city or town council of any city or town to which one or more of the following pertain:

(a)

Which is located within 200 feet of the boundary of the area proposed for change; 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 real property that is the subject of a proposed zoning change, regardless of municipal boundaries. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the amendment. The notice shall be sent by first-class mail to the last known address of the owners, as shown on the current real estate tax assessment records of the city or town where the property is located; provided, for any notice sent by first-class mail, sender of the notice shall submit a notarized affidavit to attest to such mailing.

(6)

Notice of a public hearing shall be sent 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 real property which is the subject of a proposed zoning change, provided, however, that the governing body of any state or municipal water company has filed with the building inspector in the city 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.

(7)

No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless such defect is found to be intentional or misleading.

(8)

Costs of newspaper and mailing notices required under this section shall be borne by the applicant.

(9)

In granting a zoning ordinance amendment, the city council may limit the change to one of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions and restrictions, including without limitation:

(a)

Requiring the petitioner to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use which are subject to the zoning change;

(b)

Relating to the effectiveness or continued effectiveness of the zoning change; and/or

(c)

Relating to the use of the land, as it deems necessary.

The director and the city clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records, provided, however, in the case of a conditional zone change, the limitations, restrictions, and conditions shall not be noted on the zoning map until the zone change has become effective.

If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the city council may, after a public hearing as hereinbefore set forth, change the land to its original zoning use before such petition was filed.

If any limitation, condition, or restriction in an ordinance amendment is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.

State Law reference— Similar provisions, G.L. 1956, § 45-24-53.

910.4 - Maintenance of zoning ordinance. The city clerk shall be the custodian of this zoning ordinance and zoning map or maps created hereunder. The director shall be responsible for maintenance and update of the text and zoning map comprising this ordinance. Changes which impact the zoning map shall be depicted on the map within 90 days of such authorized change(s). The director shall be responsible for review of this ordinance annually, and whenever changes are made to the comprehensive plan of the city, to identify any changes necessary and forward these changes to the city council.

State Law reference— Similar provisions, G.L. 1956, § 45-24-55.

910.5 - Publication and availability of zoning ordinance. Printed copies of this ordinance and map(s) shall be available to the general public through the city clerk and shall be revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs.

Upon publication of this ordinance and map(s), and any amendments thereto, the city clerk shall send a copy, without charge, to the associate director of the division of planning of the department of administration of the State of Rhode Island, and the state law library.

State Law reference— Similar provisions, G.L. 1956, § 45-24-45.

910.6 - Appeal of enactment of or amendment to zoning ordinance. An appeal of the enactment of or an amendment to this ordinance may be taken to the superior court for Providence County by filing a complaint within 30 days after such enactment or amendment has become effective. The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation. Such appeal may be taken by an aggrieved party or by any legal resident or landowner of the city, or by any association of residents or landowners of the city. This appeal shall not stay the enforcement of the zoning ordinance, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.

State Law reference— Similar provisions, G.L. 1956, § 45-24-71.

(1)

Any application for development under this ordinance, including an application for a building permit, special use permit, variance, planned development, or residential cluster development, shall be deemed substantially complete when all required documents, including plans, together with required fees, are received by the official designated herein to receive such applications. Required documents shall include only those documents specified either by this ordinance or by rules adopted and published by the permitting authority, prior to the time the application is filed.

(2)

Any application for development under this ordinance that is substantially complete prior to the enactment or amendment of this ordinance shall be reviewed according to the regulations applicable in the zoning ordinance in force at the time the application was submitted. If such application is approved, the applicant must begin construction, or exercise the right granted in the application if no construction is involved, not more than one year after the date of such approval. All construction must be completed not more than two years after the date of such approval, unless specifically set forth to the contrary in the original approval.

State Law reference— Provisions for vested rights required, G.L. 1956, § 45-24-44.

This ordinance shall take effect upon passage by the city council.

If any provision of this ordinance or of any rule, regulation or determination made hereunder, or the application thereof to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this ordinance or the rule, regulation, and determination and the application of such provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections of this ordinance shall not affect the validity of the remainder of the ordinance.

State Law reference— Similar provisions, G.L. 1956, § 45-24-72.