Glocester City Zoning Code
ARTICLE I
Administration and Procedures
§ 350-1 Statement of purpose.
The zoning regulations and districts set forth in this chapter have been established in accordance with the Glocester Comprehensive Community Plan, adopted, and as may be amended, in accordance with R.I.G.L. § 45-22.2, and for the following purposes, each with equal priority and numbered for reference purposes only:
A.
Promoting the public health, safety, and general welfare;
B.
Providing for a range of uses and intensities of use appropriate to the character of the Town and reflecting current and expected future needs;
C.
Providing for orderly growth and development which recognizes:
(1)
The goals and patterns of land use contained in the Comprehensive Plan of the Town adopted pursuant to Rhode Island General Laws, Title 45, Chapter 22.2;
(2)
The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface and groundwater pollution;
(3)
The values and dynamic nature of freshwater ponds, shorelines and wetlands;
(4)
The values of unique or valuable natural resources and features;
(5)
The availability and capacity of existing and planned public and/or private services and facilities;
(6)
The need to shape and balance development; and
(7)
The use of innovative development regulations and techniques.
D.
Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation;
E.
Providing for the protection of the natural, historic, cultural, and scenic character of the Town;
F.
Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space;
G.
Providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements;
H.
Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing;
I.
Providing opportunities for the establishment of low- and moderate-income housing;
J.
Promoting safety from fire, flood, and other natural or man-made disasters;
K.
Promoting a high level of quality in design in the development of private and public facilities;
L.
Promoting implementation of the Glocester Comprehensive Plan adopted pursuant to Title 45, Chapter 22.2, of the Rhode Island General Laws;
M.
Providing for coordination of land uses with contiguous municipalities, other municipalities, the state, and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on that municipality;
N.
Providing for efficient review of development proposals, to clarify and expedite the zoning approval process;
O.
Providing for procedures for the administration of this chapter, including, but not limited to, variances, special use permits, and, where adopted, procedures for modifications.
§ 350-2 Consistency with Comprehensive Community Plan.
The districts and regulations contained in this chapter are made in accordance with and consistent with the Glocester Comprehensive Community Plan, as adopted and as may be amended. In the instance of uncertainty in the construction or application of any section of this chapter, the chapter shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the Glocester Comprehensive Community Plan.
§ 350-3 Coordination with contiguous communities.
Any change in this chapter that may have an effect upon a contiguous municipality or other agencies of local or state government shall allow for the coordination of affected or interested parties in the ordinance amendment, adoption and revision process, as specified § 350-7E(8) of this chapter, and as may be required in Title 45, Chapter 22.2 of the Rhode Island General Laws.
§ 350-4 Compliance with use, dimension and density regulations required.
A.
Use: No building, structure, premises or land shall be occupied, used, erected, constructed, reconstructed, altered, moved or enlarged for any use other than that which is permitted in the zone in which such building, structure or premises is located. No building, structure, premises or land shall hereafter be used for any use other than is permitted in the zone in which it is located, except as herein provided. Any use not specifically listed or otherwise permitted in a district hereafter established by this chapter shall be deemed prohibited.
B.
Dimension: No building or structure shall hereafter be erected, constructed, reconstructed, altered, moved or repaired to exceed the dimensional limits established for the zone within which such building or structure is located, except as hereafter so provided.
C.
Density: No land shall be altered, divided, subdivided and no lot or lots shall be created, used or occupied unless in conformity with the density and dimensional requirements of this chapter.
D.
Notwithstanding any provision of this chapter, structure, buildings, and land may be erected and/or used by the Town of Glocester, or any agency or department thereof, for public or municipal purposes in any zoning district, and said structures, buildings, and lands so erected or used shall be exempt from the provisions of this chapter. Prior to exercising the exemption, the Town Council shall hold a public hearing in accordance with § 350-7E(8).
[Added 11-18-2021, effective 11-18-2021]
§ 350-5 Definitions.
[Amended 11-15-2007, effective 12-20-2007; 3-16-2017, effective 3-16-2017; 6-6-2019, effective 6-6-2019; 1-16-2020; effective 1-16-2020; 12-7-2023, effective 12-7-2023; 11-21-2024, effective 11-21-2024]
The following words, terms and phrases, when used in this chapter, shall have the following meanings ascribed to them and shall be controlling. Terms not defined herein shall have the meanings customarily assigned to them.
One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.
An accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but not needing to have a separate means of ingress and egress.
A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use may be restricted to the same lot as the principal use. An accessory use shall not be permitted without the principal use to which it is related.
The conversion of an existing structure from the use for which it was constructed to a new use by maintaining the elements of the structure and adapting such elements to a new use.
An aggrieved party, for purposes of this chapter, shall be:
A structure designed, constructed and primarily intended for support of an agricultural operation, such as, but not limited to, storage of farm animals, implements and equipment, supplies or products, and the production of farm-related products, that contains no residential use and is not open to the public. Residential structures and residential garages shall not be considered as agricultural buildings.
As defined in R.I.G.L. 45-22.2-4, land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farmland or additional farmland of statewide importance for Rhode Island by the Soil Conservation Service of the United States Department of Agriculture.
Any commercial enterprise which has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, dairy farming, or aquaculture, or the raising of livestock, fur-bearing animals, poultry or bees, or as such definition may be amended from time to time in § 2-23-4 of the Rhode Island General Laws entitled "The Rhode Island Right to Farm Act."
Cultivated or raised plant and animal life that has been harvested or processed for consumption, including feed and forage; floriculture and nursery products; grains; herbs; vegetables; fruits and nuts; viticulture; honey; eggs; dairy; cattle; sheep; poultry; game and game birds; and fiber for clothing. All uses listed in § 350-12, Prohibited uses, remain prohibited.
Products, other than agricultural products as defined in this section, which are built, constructed, or crafted on a farm by the landowner and/or his/her family members such as crafts, art, books, clothing or quilts. This definition also includes hand garden tools, lawn and garden supplies such as potting soil, peat moss or other soil amendments, seed, pots, planters and similar items. This definition specifically excludes products which, by their very nature must be manufactured in a commercial or industrial location, including, but not limited to, automotive products, farm machinery, lawn mowers, chain saws, fabricated metal products, tools, or hardware. All uses listed in § 350-12, Prohibited uses, remain prohibited.
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in Title 1, Chapter 3 of the Rhode Island General Laws.
As applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, or an enlargement whether by extension of a side or by increasing in height or by movement from one location or position to another.
A device utilized to emit or receive radio frequency communications, including antenna configurations such as panel antennas, whip-style antennas, dish antennas and multielement antennas.
An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.
The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by an approving authority for development review, approval, or permitting purposes.
Any sign or advertising device not related to a use on the lot regardless of its size or dimensions.
The Zoning Board of Review of the Town of Glocester.
An establishment where beer and malt beverages are made on the premises in conjunction with a restaurant or bar, and where 40% or more of the product made on-site is sold on-site. Brewpubs may distribute to off-site accounts or sell beer to take away in accordance with state law. A manufacturer's license to make alcoholic beverages under R.I.G.L. shall be required, and such establishments must meet all licensing requirements for local food service.
Land which is maintained in either a natural or landscaped state, and is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights-of-way.
Any structure used or intended for supporting or sheltering any use or occupancy.
The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height, and bulk; by other regulations; and/or any combination thereof.
The vertical distance from grade, as determined by the Town, to the top of the highest point of the roof or structure. The distance may exclude spires, chimneys, flagpoles, and the like.
A method of disguising or reducing the visibility of wireless facilities, towers and antennas through painting, enclosing, shielding behind or inside another structure.
A site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures. The techniques used to concentrate buildings shall be specified in this chapter and may include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development there is no increase in the number of lots that would be permitted under conventional development except where chapter provisions include incentive bonuses for certain types or conditions of development.
A structure utilized for seed germination, plant propagation, hardening-off of, forcing or maintenance of a controlled climate to sustain plant growth otherwise not possible in natural out-of-door surroundings.
Either:
A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include, but not be limited to the following:
Whenever six or fewer retarded children or adults reside in any type of residence in the community, as licensed by the state pursuant to Chapter 24 of Title 40.1 of the Rhode Island General Laws. All requirements pertaining to local zoning are waived for these community residences;
A group home providing care or supervision, or both, to not more than eight mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to Chapter 24 of Title 40.1 of the Rhode Island General Laws;
A residence for children providing care or supervision, or both, to not more than eight children, including those of the caregiver, and licensed by the state pursuant to Chapter 72.1 of Title 42 of the Rhode Island General Laws;
A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.
The Comprehensive Plan adopted and approved pursuant to Title 45, Chapter 22.2 of the Rhode Island General Laws; and any zoning ordinance adopted shall be in compliance with said aforementioned chapter.
A type of land development project which allows a community to guide growth to the most appropriate areas within a parcel of land to avoid impacts to the environment and to protect the character-defining features of the property. See Glocester Land Development and Subdivision Regulations.[1]
A residential subdivision in which all land being subdivided is dedicated to either development lots or street right-of-way; not a conservation development.
A plan of a conventional subdivision or land development project (as opposed to a conservation development) that depicts the maximum number of single-family building lots or dwelling units that could reasonably be built on a parcel of land under current zoning, taking into account the presence of physical constraints to development, such as wetlands, or other land unsuitable for development.
A required turnaround at the termination of a dead-end street, the right-of-way diameter of which is required to be as set forth in Chapter 300, Subdivision of Land.
DAY-CARE CENTERAny other day-care center which is not a family day-care home.
FAMILY DAY-CARE HOMEAny home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving day care.
A business that provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments.
The number of dwelling units per unit of land.
The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use, of land.
As defined in Article X. Section 10.01 of the Glocester Subdivision Regulations and RIGL § 45-23-32.
An establishment or facility that manufactures intoxicating liquor on premises and has been issued a manufacturer's license under applicable R.I.G.L. § 3-6-1.
See "zoning use district."
A system for the removal of water from land by drains, grading, or other appropriate means. These techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface and groundwaters, and the prevention and/or alleviation of flooding.
A business enterprise where goods such as, but not limited to, food, beverages, retail commodities, or services, such as, but not limited to, banking or car wash services, are sold or transacted outside the confines of a building or portion thereof, in such a manner that customers are not usually required to leave their vehicles.
Two single dwelling units, within the same structure, each with separate entrances divided by a common party wall and/or floor assembly.
A structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.
The extraction, or removal of any soil, loam, sand, gravel, or clay from deposits on a tract of land, as regulated and licensed by the Town Council under Chapter 166, Earth Removal, as may be amended.
Commercial horse facilities, including boarding stables, riding schools, horse exhibition facilities, and riding areas. This includes barns, stables, corrals, and paddocks accessory and incidental to above uses.
The extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.
A person or persons related by blood, marriage, or other legal means. See also "household."
Agricultural land together with principal and accessory buildings, upon which agricultural operations are conducted or operated by an individual or business entity with a state farm tax number issued pursuant to R.I.G.L. § 44-18-30(32).
SMALL FARMA tract of land occupying less than 10 contiguous acres which meets the above definition.
MEDIUM FARMA tract of land occupying at least 10 contiguous acres but less than 25 contiguous acres which meets the above definition.
LARGE FARMA tract of land occupying at least 25 contiguous acres that meets the above definition.
A type of farm-based retail in a farm retail sales building engaged in the sale and service of food and beverages to order, prepared and consumed at a farm, and which operates as an accessory use clearly subordinate to the farm operation. The food service must be in compliance with applicable state regulations and have no more than 20 seats for patrons.
Production and sales in compliance with R.I.G.L. § 21-27-6.1 which allows the production of jams, jellies, preserves, vinegars, double-crust pies, yeast breads, maple syrup, candies/fudges, and dried herbs/spices. All food, to the extent possible, must use Rhode Island-grown produce.
The processing of all agricultural products raised on the premises as defined in this section subject to all applicable state and Town regulations and licensing requirements. The processing of agricultural products not raised on the premises is not allowed. This definition specifically excludes any processing activities that would by their very nature be typically processed in a commercial or industrial location, including but not limited to any process that would use hazardous materials as defined by the U.S. Environmental Protection Agency and the U.S. Occupational Safety and Health Administration or generate objectionable odors, dust, noise or smoke and all uses listed in § 350-12, Prohibited uses.
A building located upon a farm, not exceeding 1,200 square feet in gross floor area per farm, the principal use of which is the sale of farm or farm-related products at retail to the general public.
An agricultural operation that grows and processes grapes, other fruit products, grains or vegetables to produce wine, beer or spirits in accordance with RI General Laws section 3-6-1. Processing includes wholesale sales, crushing, brewing, distilling, fermenting, blending, aging, storage, bottling, and administrative office functions. Retail sales and tasting facilities of wine, beer, spirits and related promotional items, as well as a farm café with limited food service, may be permitted as part of the winery, brewery or distillery operations.
The use of an owner-occupied dwelling or of a building accessory thereto as a place for an office or incidental storage of supplies and equipment in conjunction with an off-premises trade by a builder, carpenter, electrician, painter, plumber, arborist, logger, or similar contractor who resides on-site where such use is clearly subordinate to the primary use of the premises as a farm, employs no more than four nonresident employees and involves no retail sales from the premises. Uses such as the transportation of fuel, oil, wastewater, or hazardous waste, as defined by Rhode Island Department of Environmental Management hazardous waste regulations, are not permitted as a farm-based contracting business. Nothing herein shall prevent a farm owner from having a fuel truck available to fuel on-site machinery.
The retailing on a farm of agricultural products.
An occasional or periodic market, with goods offered for sale to the general public by individual sellers from open-air or semienclosed facilities or temporary structures. The market is composed of vendors with outdoor stalls, stands or spaces used for the purpose of display and sale of merchandise, which is limited to home-produced or locally grown farm/forest products, food, and agricultural crafts.
An unmapped zoning district adopted within the chapter which is established on the Zoning Map only when an application for development, meeting the zone requirements, is approved.
An area that has a one-percent or greater chance of inundation in any given year, as delineated by the Federal Emergency Management Agency pursuant to the National Flood Insurance Act of 1968, as amended.
Water found underground which completely fills the open spaces between the particles of sand, gravel, clay, silt, and consolidated rock fractures. The zone of materials filled with groundwater is called the "zone of saturation."
As defined in Article 2, Section 201, of the Rhode Island State Building Code (RISBC SBC-1), as amended.
A residential facility for adults or children who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society.
A determination rendered by the Zoning Board of Review that is consistent with the requirements of R.I.G.L. § 45-24-41.
As defined in R.I.G.L. § 45-22.2-4.
Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit located within a residentially zoned area, but not to include any dealing and/or selling of firearms or related products.
One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:
The process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in local ordinances.
Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.
As defined in Article III. Section 3.01 of the Glocester Subdivision Regulations and RIGL § 45-23-32.
Total lot area less land unsuitable for development.
Land which has environmental constraints or physical constraints to development. The regulations in § 350-58 shall apply.
An establishment where beer or malt beverages are made on premises with a total production greater than 50,000 gallons per year. A manufacturer's license to make alcoholic beverages in accordance with R.I.G.L.§ 3-6-1, as amended, is required.
Sometimes referred to as “high-intensity facilities.” These facilities are considered to be greater than 125 feet in height or are designed to carry antenna arrays for more than four telecommunications carriers.
A lot line separating a lot from an adjacent street.
Any farm animal used for profit or sale.
Either:
The basic development unit for determination of lot area, depth, and other dimensional regulations; or
A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.
The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.
That portion of the lot that is or may be covered by buildings and accessory buildings.
A lot at the junction of and fronting on two or more intersecting streets.
The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.
That portion of a lot abutting a street. A zoning ordinance shall specify how noncontiguous frontage will be considered with regard to minimum frontage requirements.
A line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include:
FRONTThe lot line separating a lot from a street right-of-way.
REARLot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and
SIDEAny lot line other than a front or rear lot line. On a corner lot, a side lot line may be a street lot line, depending on requirements of this chapter.
A parcel of land recorded by deed or plat in the office of the Town Clerk of Glocester.
A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line.
CAREGIVER CULTIVATIONMarijuana cultivation for medical use only by a single registered caregiver cardholder, as defined by R.I.G.L. § 21-28.6.
COMPASSION CENTERAs defined in R.I.G.L. § 21-28.6-3, a not-for-profit entity registered under R.I.G.L. § 21-28.6-12 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder or authorized purchaser.
MARIJUANA CULTIVATION CENTERAny entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport or supply marijuana, medical or otherwise, to a registered compassion center, or other entity authorized to dispense marijuana.
MARIJUANA EMPORIUMAny retail or commercial establishment, or club, whether for-profit, nonprofit, or otherwise, at which the sale or use of marijuana, medical or otherwise, takes place. This shall include without limitation any so-called "vape lounge," or any other establishment at which marijuana, medical or otherwise, is consumed in vaporized form. This shall not include a compassion center or medical marijuana cultivation center regulated and licensed by the State of Rhode Island, as defined herein.
MARIJUANA STOREAny retail establishment at which the sale or use of marijuana, medical or otherwise, takes place. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein.
MARIJUANA TESTING PROVIDERAny entity that, under state law, may perform independent testing of marijuana or marijuana products, medical or otherwise.
NONRESIDENTIAL COOPERATIVE CULTIVATIONA use of land located in a nonresidential zone, or of a building, or portion thereof, located in a nonresidential zone, for the cultivation of marijuana by two or more cardholders, as defined in R.I.G.L. § 21-28.6-3.
RESIDENTIAL COOPERATIVE CULTIVATIONA use of land located in a residential zone, or of a building, or a portion thereof, located in a residential zone, for the cultivation of marijuana by two or more cardholders, as defined by R.I.G.L. § 21-28.6-3.
PERSONAL MARIJUANA CULTIVATIONMarijuana cultivation by a single registered cardholder, as defined by R.I.G.L. § 21-28.6, within his or her residential dwelling for medical use only. This use shall only be permitted as an accessory use to a lawfully permitted residential use. In a mixed-use building that contains residential and nonresidential uses, this use shall be contained within the residential dwelling unit only. Please refer to § 350-58.1 for additional criteria for personal marijuana cultivation.
A standard which is considered by the Zoning Board of Review in applications for variances, pursuant to Title 45, Chapter 24-41 of the Rhode Island General Laws.
An establishment where beer or malt beverages are made on premises with a total production of 50,000 gallons per year or less. A manufacturer's license to make alcoholic beverages in accordance with R.I.G.L. § 3-6-1, as amended, is required.
A mixture of land uses within a single development, building, or tract.
The preparation of meat for human consumption using a United States Department of Agriculture Food Safety and Inspection Service-inspected mobile slaughter unit.
Permission granted and administered by the zoning enforcement officer of the city or town, and pursuant to the provisions of this chapter contained herein to grant a dimensional variance other than lot area requirements from this chapter to a limited degree as determined by this chapter, but not to exceed 25% of each of the applicable dimensional requirements.
A structure or group of structures which provide sleeping rental units for temporary occupancy, in which each rental unit has a private entrance direct to the outside or a corridor and in which each rental unit has its own sanitary facilities. Motels include motor courts, tourist courts, cabins, motor lodges, and similar facilities.
A residential building designed for or occupied by three families or more, with the number of families in residence not to exceed the number of dwelling units provided.
A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with the provisions of such ordinance or amendment. Nonconformance shall be of only two types:
Nonconforming by use: a lawfully established use of land, building, or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use; or
Nonconforming by dimension: a building, structure, or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.
A farm designed to grow and temporarily store plants that will be purchased, installed and maintained at another site. May sell accessory goods such as planters, soil, compost, and hand-held gardening tools.
A district established in a zoning ordinance that is superimposed on one or more districts or parts of districts and that imposes specified requirements in addition to, but not less than, those otherwise applicable for the underlying zone.
A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.
A use by right which is specifically authorized in a particular zoning district.
Fee-based operations on farms that allow customers to harvest farm products.
A land development project, as defined herein, and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.
A review meeting of a proposed development held between applicants and reviewing agencies as permitted by law and municipal ordinance, before formal submission of an application for a permit or for development approval.
A freestanding structure or vehicle located upon a farm, the principal use of which is the sale of agricultural products at retail to the general public. A product stand shall not exceed 200 square feet.
An occupation and office use to carry out professional activities relating to an activity that properly involves a scientific or artistic education or its equivalent and usually mental rather than manual labor.
As used in this chapter, refers to use and not ownership.
A building or premises, or portion thereof, arranged, intended, or designed to be used for the sale of gasoline or other motor vehicle, airplane or motorboat fuel, oils and accessories for the use of motor vehicles and the rendering of services such as lubrication, washing, minor repairs with hand tools where such service facilities are incidental to such principal filling station uses but not including body or fender work or major repairs.
A line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.
The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.
Any naturally occurring unprocessed earth, sand, clay, loam, gravel, humus, or similar loose earth product, including topsoil.
Sometimes referred to as “low-intensity facilities.” These facilities are considered to be 125 feet or less in height or are designed to carry four or fewer telecommunications carriers.
A regulated use which is permitted pursuant to the special use permit issued by the authorized governmental entity, pursuant to Title 45, Chapter 24-42 of the Rhode Island General Laws; formerly referred to as a “special exception.”
Includes streets, avenues, highways, boulevards, parkways, roads, lanes, alleys, and other public ways.
A lot line separating a lot from an adjacent street.
A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below, the surface of land or water.
Any lot lawfully existing at the time of adoption or amendment of this chapter and not in conformance with the dimensional and/or area provisions of this chapter.
An establishment in which tattooing is carried out professionally.
An installation that provides for the transmission or reception of any type of radio communications.
Any structure constructed for the purpose of elevating and/or supporting of antenna from ground level such as a lattice tower or monopole.
Shall refer to and be interpreted to mean the Town of Glocester.
Any vehicle or similar portable structure designed and constructed so as to permit the occupancy thereof as a dwelling by one or more persons and so designed and constructed that it is or may be mounted on wheels and used as a conveyance on a street or highway, propelled or drawn by its own or other motive power.
The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.
Permission to depart from the literal requirements of this chapter; an authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this chapter. There shall be only two categories of variance: a use variance or a dimensional variance.
USE VARIANCEPermission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this chapter.
DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this chapter, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, 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.
All surface waters, including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond, or lake, and wetlands.
Includes, but shall not be limited to, marshes; swamps; bogs; ponds; rivers; river and stream floodplains and banks; areas subject to flooding or storm flowage; emergent and submergent plant communities in any body of fresh water, including rivers and streams and that area of land within 50 feet of the edge of any bog, marsh, swamp or pond.
An establishment or facility that produces or manufactures and bottles wine on the premises for sale. A manufacturer's license to make alcoholic beverages in accordance with R.I.G.L. § 3-6-1., as amended, shall be required.
An installation at one site that facilitates the provision by one service provider of a personal wireless service as defined by the Federal Telecommunications Act of 1996, as amended; the combination of a complete set of equipment that facilitates the provision of wireless services. Such equipment typically includes base station equipment, and related hardware, antennas, interconnecting cables and antenna supports (mounts).
An open space on the same lot with a principal building or structure, unoccupied and unobstructed by a building or structures.
The area between the street line and the minimum setback line extending between side lot lines.
The area between the rear lot line and the minimum rear yard setback line extending between side lot lines.
A required yard extending from the rear of the required front yard to the front of the rear yard.
A document signed by the zoning enforcement officer, as required in this chapter, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of this chapter or is an authorized variance or modification therefrom.
The map or maps which are a part of the zoning ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Town.[2]
An ordinance enacted by the legislative body of the Town pursuant to Title 45, Chapter 24 of the Rhode Island General Laws and in the manner providing for the adoption of ordinances in the Town's home rule charter, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the Comprehensive Plan of the Town as defined in Title 45, Chapter 22.2 of the Rhode Island General Laws, which includes a Zoning Map, and which complies with the provisions of said chapter.
The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts include, but are not limited to: agricultural, commercial, industrial, institutional, open space, and residential. Each district may include subdistricts. Districts may be combined.
[2]
Editor's Note: The Zoning Map is included at the end of this chapter.
§ 350-6 Districts; Zoning Map.
A.
For the purpose of this chapter, the Town of Glocester is hereby divided into the following districts:
A-4 | Agricultural-Residential | This district is intended for agricultural use and low-density single-family dwellings, detached structures, located on lots containing a minimum lot area of four acres | |
A-3 | Agricultural-Residential | This district is intended for agricultural use and low-density single-family dwellings, detached structures, located on lots containing a minimum lot area of three acres | |
R-2 | Residential | This district is intended for single-family dwellings, detached structures, located on lots containing a minimum lot area of two acres | |
B-1 | Neighborhood Commercial | This district is intended for commercial uses that primarily serve local neighborhood market needs for convenience retail, services and professional office establishments | |
B-2 | Highway Commercial | This district is intended for commercial uses that serve Town-wide or regional market needs for retail, services and professional office establishments | |
I | Industrial | This district is intended to provide for general manufacturing and industrial uses |
B.
Special provisions. These districts comprise overlay, floating or special-purpose designations that are superimposed on existing zoning district(s) or portion(s) thereof and which are intended to impose specific requirements and standards, in addition to or in place of the otherwise applicable and/or existing regulations. These districts exist as follows:
(1)
Historic District. This district is structured in accordance with Title 45, Chapter 24.1, of the Rhode Island General Laws, as amended, to preserve districts and specific buildings of the Town of Glocester which reflects elements of its cultural, social, economic, political, and architectural history, to stabilize and improve property values in the historic districts, to preserve specific buildings, to foster civic beauty, to strengthen the local economy and to promote the use of such districts and specific buildings for the education, pleasure and welfare of the residents of the Town of Glocester.
(2)
Flood Hazard Area. This district is established to govern the development and use of land subject to flood hazards, as defined as wholly or partly within Zone A and Zones A1-A30 as identified on the Flood Insurance Rate Map as part of the Flood Insurance Study, which also includes the Flood Boundary and Floodway Map, compiled by the Federal Emergency Management Agency.
(3)
Planned District. This district is intended to encourage and provide a means for effectuating desirable residential, industrial and commercial development, and conservation in the Town of Glocester, which will feature variations in siting mixed land uses and/or varied dwelling types; to preserve open space for community facilities and aesthetic considerations; and to provide more efficient and economical services and facilities to the residents of the area.
(4)
Wellhead Protection District. (Reserved)
(5)
Residential Compound District. (Reserved)
(6)
Residential Cluster District. (Reserved)
(7)
Village Overlay District.
[Amended 3-15-2012, effective 4-11-2012]
(8)
Commercial Cluster District. (Reserved)
(9)
Watershed Protection District. (Reserved)
(10)
Natural Resources Protection District. (Reserved)
(11)
Scenic Highway District. (Reserved)
C.
Zoning Map. The location and boundaries of the zoning districts are hereby established as shown on maps filed in the office of the Town Clerk, entitled “Official Zoning Map of the Town of Glocester,” and the Historic District Designation Map, and are hereby incorporated into and made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map and the Historic District Designation Map and the Village Overlay District Map are included at the end of this chapter.
§ 350-7 Administration and enforcement.
[Amended 11-21-2024, effective 11-21-2024; 11-21-2024, effective 11-21-2024]
A.
Zoning Officer. A zoning officer, hereinafter referred to as “Inspector,” shall be appointed by the Town Council. The minimum qualifications of the Inspector shall be the ability to intelligently interpret this chapter and to enforce the chapter in an effective, firm and tactful manner, and to carry out such other related duties as may be required from time to time by the Town Council.
B.
Zoning Officer duties. The Inspector shall enforce the provisions of this chapter, unless otherwise specified. No application, building permit or zoning certificate, plan specification or intended use which is not in accordance with the provisions of this chapter shall be approved by the Inspector. In addition, the following duties shall be administered by the Inspector:
(1)
Issue zoning certificates.
(a)
Issue zoning certificates, upon written application, which shall be required for any of the following:
[1]
Proposed occupancy and intended use of a building hereinafter erected, enlarged, or relocated.
[2]
Proposed change in use of an existing building to a use of different classification.
[3]
Proposed change in the use of land to a different use.
[4]
Proposed change in use of a nonconforming use.
[5]
Proposed driveway access to a state or Town road.
(b)
No such occupancy, use, change in use, driveway access or sign shall be initiated until the Inspector has issued a written zoning certificate stating that such conforms to all provisions of this chapter. If there is such conformity, such zoning certificate will be issued within five days of the receipt of written application for same is received by the Inspector.
(c)
Written application for a zoning certificate for a new building or for an existing building which is intended to be enlarged shall be made at the same time as the application for the building permit for such building. No building permit for the erection of any building shall be issued before application has been made for a zoning certificate.
(d)
The Inspector may require that copies of plans, specifications and other such information as he may deem necessary be filed with the application for such certificate.
(e)
Pending the issuance of such a certificate, a temporary zoning certificate may be issued by the Inspector for a period of not more than six months during the completion of the construction of a building or of alterations, which are required under the terms of any law or ordinance. Such temporary certificate shall not be construed in any way to alter the respective rights, duties or obligations of the owner or the Town relating to the use or occupancy of the land or building, or any other matter covered in this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
(f)
A record of all zoning certificates shall be kept on file in the office of the Inspector, and a copy shall be forwarded to the applicant, Zoning Board of Review, Town Council, and a copy shall be forwarded, on request, to any person.
(g)
A fee for each copy requested shall be determined from time to time by the Town Council, in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws.
(2)
Review and approve, for zoning compliance, building permits and certificates of occupancy.
(3)
Collect required fees for variances, special use permits, and appeal applications.
(4)
Receive and review for proper form all applications for variances, special use permits, and appeals.
(5)
Transmit all applications to the Zoning Board of Review, Planning Office, Town Council, and other agents or employees of the Town as elsewhere specified in this chapter.
(6)
Prepare the calendar of the Zoning Board of Review in compliance with the Board's adopted rules of procedure.
(7)
Keep records on compliance of uses of land.
(8)
Inspect suspected violations and issue violation notices in cooperation with the appropriate law enforcement authority or the Town Solicitor.
(9)
Maintain and update the text and Zoning Map comprising the zoning ordinance, in coordination with the Town Clerk.
(a)
Changes which impact the Zoning Map shall be depicted on the Official Zoning Map within 90 days of the authorized change(s), and amendments to the text shall be included in the ordinance within 60 days of such authorized change(s). The Town Clerk shall be the custodian of the official zoning text and Zoning Map which comprises the zoning ordinance. In addition, the Town Clerk shall be responsible to receive, in proper form, petitions for amendments or repeals to the zoning text and/or amendments to the Zoning Map, as provided for elsewhere in this chapter. The Town Clerk shall also be authorized to collect fees for such petitions for amendment or repeal, as set forth and may be amended by the Town Council, in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws.
(b)
In the case of a conditional zone change, the limitations, restrictions and conditions shall not be included on the Zoning Map until the zone change has become effective.
(10)
Provide printed copies of the zoning ordinance, in a manner as specified elsewhere in this chapter, to the general public. A fee shall be charged for said ordinance, as specified and may be amended by the Town Council, and in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws. In addition, the Town shall send a copy of the zoning ordinance, without charge, to the Associate Director, Division of Planning, Department of Administration, State of Rhode Island.
(11)
Modifications. The zoning officer is authorized to grant modification permits of up to and including 15% of the literal dimensional requirements of this ordinance as follows:
(a)
Within 10 days of the receipt of a request for a modification, the zoning officer shall make a decision as to the suitability of the requested modification based on the following determinations:
[1]
The modification is reasonably necessary for the full enjoyment of the permitted use;
[2]
If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
[3]
The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations;
[4]
The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.
(b)
Upon an affirmative determination, the zoning officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the city or town that the modification will be granted unless written objection is received within 14 days of the public notice. If written objection is received within 14 days, the request for modification shall be scheduled for the next available hearing before the zoning board of review, or planning board if the application is subject to unified development review under § 350-57.1, on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within 14 days, the zoning officer shall grant the modification.
(c)
The zoning officer may apply any special conditions to the permit as may, in the opinion of the officer, be requested to conform to the intent and purposes of the zoning ordinance.
(d)
The zoning officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.
(e)
Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
C.
Actions and decisions of the Inspector. Actions and decisions of the Inspector may be appealed to the Zoning Board of Review, as specified elsewhere in this chapter.
D.
Violations. The erection, construction, reconstruction, alteration, enlargement or moving of any building or structure and the use of any land, premises, building or structure which is continued, operated or maintained contrary to the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful. The Inspector may institute appropriate action(s) against any known violation(s), as follows:
(1)
Any person, group of persons, or corporation violating any of the provisions of this chapter or any safeguard or condition attached to the granting of a special use permit or variance may be fined not more than $100 for each offense. Each day of the existence of a violation shall be deemed a separate offense. Immediately upon notification of any violation, the Town Solicitor shall institute appropriate action by way of warning or suit or other means in his discretion to prevent, enjoin, abate or remove such violation, or to recover fines therefor.
(2)
The Town may cause suit to be brought in the Supreme or Superior Court, or any municipal court, including a municipal housing court having jurisdiction, in the name of the Town, to restrain the violation of, or to compel compliance with, the provisions of this chapter. The Town may consolidate an action for injunctive relief and/or fines under this chapter in the Providence County Superior Court.
E.
Adoption and amendment(s). This chapter may be adopted and amended by application to the Town Council by a member of the Town Council, any person, group of persons, corporation or others desiring such adoption or amendment(s). Any amendment to this chapter, either the text, map or both, shall be consistent with the Glocester Comprehensive Community Plan, the Rhode Island Zoning Enabling Act of 1991, as specified in Title 45, Chapter 22.2 and Chapter 24 of the Rhode Island General Laws, and the Glocester Home Rule Charter. An amendment(s) may include the text language, the Zoning Map or a combination of the text and map. A petition to amend this chapter may be obtained from and must be filed in the office of the Town Clerk and shall conform to the following requirements:
(1)
Define the section or subject area that is the subject of the instant petition and explain the nature of the proposed amendment and decision sought by the applicant.
(2)
Assert whether the proposed amendment is consistent with the Glocester Comprehensive Community Plan, which shall include a specific citation referring to the goals and policies statement, the implementation program, and all other applicable elements of the plan.
(3)
Provide the filing fee established, and as may be amended, by the Town Council, in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws.
(4)
In the instance where a Zoning Map amendment is proposed, a map must be submitted showing the shape, dimension and area of the existing and proposed amendment boundaries for the subject area and extending out 200 feet from the outer perimeter of the proposed amendment area, indicating:
(a)
The location of all zoning district boundaries;
(b)
The street numbers and assessor's lot numbers of all properties;
(c)
The general location, shape, and use of all existing structures and buildings;
(d)
A listing of all owners of real property located in or within not less than 200 feet of the perimeter of the area proposed for amendment, as listed on the most recent real estate tax assessment records of the town in which the property is located, regardless of municipal boundaries; and
(e)
Such other information that may be determined necessary by Town officials for the proper execution of this chapter.
(5)
Assert whether there is a public or quasi-public water source, or private water source, within 2,000 feet of any real property that is the subject of the proposed zoning text, map or both, amendment, regardless of municipal boundaries. In the instance of a text amendment(s) that affects a district or districts generally, this requirement shall include a determination as to whether a public or quasi-public water source is located in or within not less than a two-thousand-foot radius beyond the municipal boundaries of the Town. Such information shall be available in the office of the Town Clerk.
(6)
Review process. All petitions for adoption or amendment(s) to this chapter shall be subject to the following review procedure:
(a)
Upon receipt of a petition to amend the zoning ordinance text, map or both, the Glocester Town Clerk shall transmit a copy of such petition to the Town Council and Planning Board. The Planning Board shall study the proposal and submit an advisory recommendation to the Town Council within 45 days of its receipt of the proposal and give its findings and recommendations as specified in Title 45, Chapter 24 of the Rhode Island General Laws and § 350-7 of this chapter. The Town Council shall hold a public hearing on the instant proposal, after giving proper notice as specified in § 350-8 in this chapter, within 65 days of its receipt of the amendment proposal. The Town Council shall render a decision on any proposal within 45 days after the date of completion of the public hearing. However, these deadlines may be extended by consent of the applicant(s), and these deadlines shall be in accordance with Title 45, Chapters 22.2 and 24 of the Rhode Island General Laws. In addition, within 15 days after the approval of an amendment to this chapter by the Town Council, the Town Clerk shall make copies of such amendment available to the public and shall append copies of such amendment to the record copy of the zoning ordinance. Where an amendment changes the zoning ordinance map, the record copy of said map shall be amended to show the change and a notation shall be made thereon, giving the date of amendment and the appropriate reference into the Town Council records.
(b)
In the instance where an amendment(s) to the zoning ordinance text, map or both is submitted by the Planning Board, the requirements for study by the Board may be waived, provided the proposal by the Planning Board includes its findings and recommendations pursuant to § 350-7E(7)(b) of this chapter and Title 45, Chapter 24, Section 52 of the Rhode Island General Laws.
(c)
In granting a zoning ordinance text, map, or both, amendment, the Town Council may limit the amendment to one of those permitted uses in the zone to which the subject land is rezoned, and impose such limitations, restrictions, and conditions, including, without limitation:
[1]
Requiring the petitioner to obtain a permit or approval from any and all state or local government agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning ordinance amendment;
[2]
Those relating to the effectiveness or continued effectiveness of the zoning ordinance amendment; and/or
[3]
Those relating to the use of the land, as it deems necessary. If such limitation, restrictions and/or conditions are imposed by the Town Council, the Town Clerk shall cause such to be clearly noted on the zoning ordinance 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 ordinance map until the zone change has become effective.
(d)
If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purposed for a period of two years or more after the amendment becomes effective, the Town Council may, after a public hearing as specified elsewhere in this chapter, change the land to its original zoning use before the petition was filed.
(e)
In the instance where a proposed change to the zoning ordinance text, map, or both, requires an amendment to the Comprehensive Community Plan, the Town Council shall first be required to approve the amendment to the Comprehensive Community Plan prior to granting the zoning ordinance change, in accordance with the requirements of this chapter and Title 45, Chapters 22.2 and 24 of the Rhode Island General Laws.
(7)
Planning Board. The Glocester Planning Board shall have the following responsibilities with regard to this chapter:
(a)
At least once every two years, the Planning Board shall review this chapter and make a written report to the Town Council recommending any amendments deemed appropriate in the light of current development trends and needs. In addition, whenever changes are made to the Comprehensive Community Plan of the Town, the Planning Board shall identify any changes necessary to the zoning ordinance and/or Zoning Map to maintain consistency between the documents and forward a written report regarding its findings and proposed changes to the Town Council.
(b)
Every proposal for an amendment or relief or repeal of any provision of this chapter shall be forwarded to the Planning Board for review to determine whether the proposed amendment(s) or relief or repeal is consistent with the Comprehensive Community Plan, adopted pursuant to Title 45, Chapter 22.2 of the Rhode Island General Laws, including the goals and policies statement, the implementation program, and all other applicable elements of the Comprehensive Community Plan, and for an advisory opinion regarding the merits of the proposal. This determination and opinion shall be conveyed in a written report to the initiating body, within the time allowed as specified elsewhere in this chapter, that details a demonstration of recognition and consideration of each of the applicable purposes of the zoning ordinance and sound principles of planning and land use. In forming this determination and opinion the Planning Board may solicit the input and advice of other Town boards, officials and/or experts. The report to be prepared by the Planning Board shall include a determination whether the instant proposal is consistent with the Glocester Comprehensive Community Plan, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive community plan, or whether an amendment to the Glocester Comprehensive Community Plan is necessary and proper, as specified in Title 45, Chapters 22.2 and 24 of the Rhode Island General Laws.
(8)
Notification. No amendment to the zoning ordinance text, map, or both, shall be enacted until after a public hearing has been held upon the specific proposal before the Town Council. Prior to the date of the public hearing by the Town Council, the Town Clerk shall first give notice of the public hearing by publication of notice in a newspaper of local circulation within the Town at least once each week for three successive weeks prior to the date of the 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 of the proposed amendment.
(a)
The notice shall:
[1]
Specify the place of the hearing and the date and time of its commencement;
[2]
Indicate the proposed amendment of the zoning ordinance text, map, or both, that is under consideration;
[3]
Contain a statement of the proposed amendment(s) to the zoning ordinance text, map, or both, that may be printed once in its entirety, or summarize and describe the matter under consideration;
[4]
Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied;
[5]
State that the proposed amendment(s) 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. However, any amendment or alteration of the proposal must be presented for comment in the course of the hearing;
(b)
Notice shall also be sent by certified or registered mail to the city or town council of any municipality that is located in or within 200 feet of the boundary of the area proposed for amendment, or also 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 ordinance amendment, regardless of municipal boundaries.
(c)
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 ordinance amendment; provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the Glocester Town Clerk a map survey, which shall be kept as a public record, showing the areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
(e)
In instances where a proposed amendment(s) 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 § 350-7E(5) and (8), with the following additional requirements:
[1]
Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and streets and roads and their names, and municipal boundaries where appropriate;
[2]
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 in or within not less than 200 feet of the perimeter of the subject area proposed for change, whether within the Town or within an adjacent municipality; such notice shall be sent by first-class mail to the last known address of the owner(s), as shown on the current real estate tax assessment records of the municipality in which the property is located. 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. Any notice sent by first-class mail shall submit a notarized affidavit to attest to such mailing.
(f)
The same notice shall be posted in the Town Clerk's office and one other municipal building in the municipality and will be posted on the municipal home page of the Town's website at least 14 days' prior to the hearing. The notice shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration at least 14 days' prior to the hearing building in the municipality and will be posted on the municipal home page of the Town's website at least 14 days' prior to the hearing. The notice shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration at least 14 days' prior to the hearing.
(9)
Repetitive petitions.
(a)
Where the Town Council, in the case of an amendment, or the Zoning Board of Review, in the case of a special use permit, or variance, denies the application, the Town Council or the Zoning Board may not consider another application requesting the same amendment, special use permit, or variance for a period of one year from the date of such denial or withdrawal.
(b)
The Town Council or the Zoning Board, as the case may be, may accept such an application after six months, provided that the application is accompanied by an affidavit setting forth facts, to the satisfaction of said Council or Board, showing a substantial change or circumstances justifying a rehearing.
§ 350-8 Zoning Board of Review.
[Amended 7-15-2004, effective 8-11-2004; 3-15-2007, effective 3-15-2007; 11-21-2024, effective 11-21-2024]
A.
Membership.
(1)
The Zoning Board of Review, hereinafter called the “Board,” is created. The Board shall be appointed by the Town Council and shall consist of five members, 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 Zoning Board of Review shall also include two alternates to be designated as the first and second alternate members, appointed for terms of one year. 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 he or she has attended all hearings concerning that matter. If vacancy occurs in the Board, the Town Council shall appoint a new member for the unexpired term. All members of the Board shall be legal residents of the Town, and no member shall be an elected official or salaried employee of the Town. All regular members shall be subject to removal by the Town Council for excessive absences from the Board meetings in accordance with Chapter 27, Meetings, Article I.
(2)
Members of the Board serving on the effective date of adoption of this chapter shall be exempt from provisions of this section respecting terms of originally appointed members until the expiration of their current terms.
B.
Organization. Once each year, the Board shall organize by electing from its membership a Chair and Vice-Chair. The Board may engage the services of a secretary or recorder within the limits of funds available to it or may appoint one of its members secretary.
(1)
Meetings of the Board shall be held at the call of the Chair and at such other times as the Board may determine; provided, however, said meetings are in accordance with the notice and open meeting requirements as specified elsewhere in this chapter and all applicable General Laws of Rhode Island. The Chairperson, or in his or her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.
(2)
All meetings of the Board shall be open to the public and in accordance with all such applicable local and state laws and regulations. All decisions of the Board shall be made and voted upon at a public hearing. In conducting meetings and rendering decisions, the Board shall consist of five participating members; provided, however, that no participating member of the Board shall participate or pass on any matter in which there exists a business, professional or personal interest. If such a conflict occurs, that member shall notify the Chair of such conflict and recuse himself or herself, and not sit as a participating member of the Board, nor take part in the conduct of the hearing before the Board.
(3)
Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.
C.
Powers and duties. The Board shall have the following powers, duties, and obligations.
(1)
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 chapter, or of any ordinance adopted pursuant hereto;
(b)
To hear and decide appeals from a party aggrieved by a decision of an Historic District Commission, pursuant to Title 45, Chapters 24.1-7.1 and 7.2 of the Rhode Island General Laws;
(c)
To authorize, upon application, in specific cases of hardship, variances in the application of the terms of this chapter, pursuant to Title 45, Chapter 24-41 of the Rhode Island General Laws;
(d)
To authorize, upon application, in specific cases, special use permits, pursuant to Title 45, Chapter 24-42(A) of the Rhode Island General Laws, where the Board is designated as a permit authority for special use permits;
(e)
To refer all petitions for relief or special use permits to the Planning Board for findings and recommendations, prior to action by the Board on any such petition(s);
(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, as determined by the Board through testimony received at such hearing, and so noted on the decision record; and
(g)
To hear and decide other matters, according to the terms of the ordinance or other statutes, and upon which the Board may be authorized to pass under the ordinance or other statutes;
(2)
No application for a variance or special use permit involving the same parcel and same request, which was denied by or withdrawn from the Board, may be resubmitted for consideration by the Board for a period of one year from the date of such denial or withdrawal, unless the Board determines there is a substantial change of circumstances which justifies a new hearing, determined in accordance with § 350-7E(9) of this chapter; and
(3)
Any variance or special use permit granted by the Board shall expire six months from the date of approval, unless the applicant shall within that period exercise the right granted by the decision. The Board may, upon application within the six-month period and for good cause, extend the limitation for one additional six-month period. The application for an extension need not be advertised.
(4)
Be required to vote as follows:
(a)
Five active members shall be necessary to conduct a hearing. As soon as a conflict of interest occurs for a member, that member shall recuse himself or herself, shall not sit as a participating member, and take no part in the conduct of the hearing. Only five participating 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 any zoning administrative officer from whom an appeal was taken; and
(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 chapter, including variances and special use permits.
(5)
Issue decisions, in a manner as follows:
(a)
Following a public hearing, the Board shall render a decision within 15 days. 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 or her failure to vote. Decisions shall be recorded and filed in the office of the Town Clerk 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 Town Clerk 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.
(b)
Any decision by the Board, including any special conditions attached thereto, shall be mailed to the applicant, to the Zoning Enforcement Officer of the Town, 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 Town.
D.
Appeals to the Board. Appeals to the Board may be taken by any party aggrieved or by any officer, department, board or bureau affected by the order or decision of the Inspector concerning the provisions of this chapter or the Historic District Commission, in accordance with the following provisions:
(1)
The appeal shall be taken within 30 days of the date of the recording of the decision by the Inspector, by filing an application for appeal to the Board with the Inspector's office. A filing fee shall be payable, as established, and may be amended, by the Town Council, in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws.
(2)
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Inspector certifies to the Board, after an appeal shall have been duly filed, that by reason of facts stated in the certificate a stay would in the Inspector's opinion cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application thereto and upon notice to the Inspector from whom the appeal is taken on due cause shown.
(3)
Such application for appeal shall specify the nature of the grievance and ground(s) therefor. The party from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action or decision appealed from was taken. Notice of the appeal shall also be transmitted to the Planning Board.
(4)
The Board shall fix a time for the hearing of the appeal within 45 days after the filing of an application for appeal, give public notice thereof, as well as due notice to the parties of interest, as specified elsewhere in this chapter and in accordance with Title 45, Chapter 24 of the Rhode Island General Laws, and decide the matter within 15 days of such public hearing. Upon the hearing, any party may appear in person or by agent or by attorney.
(5)
In exercising its powers regarding appeals, 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 orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken. All decisions and records of the Board respecting appeals shall conform to the provisions as specified elsewhere in this chapter and in Title 45, Chapter 24-61 of the Rhode Island General Laws.
E.
General provisions – variances.
(1)
An application for relief from the literal requirements of this chapter because of hardship may be made by any person, group, agency, or corporation by filing with the Zoning Officer or agency an application describing the request and supported by such data and evidence as may be required by the Board or by the terms of this ordinance. Zoning Officer or agency shall immediately transmit each application received to the Board and shall transmit a copy of each application to the Planning Office for distribution to the Planning Board.
(2)
The Board, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance, the Zoning Officer shall refer said application to the Planning Office and may request that the Planning Board provide 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 within 30 days of receipt of the application from the Board. This report shall be entered into the record of the proceedings. The Board shall hold a public hearing on any application for variance in a manner as specified in § 350-8 in this chapter, after receipt, in proper form, of an application, and 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. Notice of hearing shall be sent by first class mail to the applicant, and to at least all those who would require notice as specified in § 350-7E(5) and (8) of this chapter, and in accordance with Title 45, Chapter 24-53 of the Rhode Island General Laws. The notice shall also include the street address of the subject property.
(3)
The same notice shall be posted in the town or city clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on their municipal home page of 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.
(4)
Requests for dimensional and use variances 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 RIGL § 45-24-46.4(a) and all subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing in accordance with the requirements of the Subdivision Regulations and RIGL § 45-23-50.1(c).
(5)
In granting a variance, the Board, or the Planning Board under unified development review as appropriate, 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 is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in R.I.G.L. § 45-24-30(16);
(b)
That the 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 character of the surrounding area or impair the intent or purpose of this chapter or the Comprehensive Plan upon which this chapter is based;
(d)
The Board shall, or, where unified development review is enabled, the Planning Board, in addition to the preceding 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 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 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. The Board, or, Planning Board in unified development review, has the power to grant dimensional variances where the use is permitted by special-use permit.
F.
Special use permits. The Board, upon application, in specific cases, may authorize special use permits, where the Board is acting as the permitting authority for special use permits, provided the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings during the public hearing on such special use permit application and to determine whether the use should be permitted, whether the use meets special safeguards and/or conditions, and, whether in granting a special use permit, what additional conditions and/or limitations may be necessary.
(1)
Standards.
(a)
The use is listed in the Table of Use Regulations,[1] as specified elsewhere in this chapter, that may be allowed by special use permit, upon application to and favorable decision by the Board;
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
(b)
An application, as required by the Board, has been properly filed with the Inspector and the requisite fee has been paid, as established, and may be amended, by the Town Council, as specified elsewhere in this chapter and in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws;
(2)
Immediately upon the receipt of an application for a special use permit, the Inspector shall refer and request that the Planning Board shall 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 within 30 days of receipt of the application from the Board. This report shall be entered into the record of the proceedings.
(3)
The Board shall hold a public hearing on any application for a special use permit in a manner as specified elsewhere in this chapter, after receipt, in proper form, of an application, and shall give public notice thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town. Notice of the hearing shall be sent by first class mail to the applicant, and to at least all those who would require notice as specified in § 350-7E(5) and (8) of this chapter, and in accordance with Title 45, Chapter 24-53 of the Rhode Island General Laws. The notice shall also include the street address of the subject property.
(4)
In granting a special use permit, the Board shall affirmatively determine and enter into the record of the public hearing that:
(a)
The proposed use shall be compatible with surrounding land uses;
(b)
The proposed use shall conform with the applicable elements of the Glocester Comprehensive Community Plan;
(c)
The proposed use shall be in harmony with the general purposes and intent of this chapter;
(d)
The public convenience and welfare will be substantially served; and
(e)
The proposed use shall not result in or create conditions that will be inimical to the public health, safety, morals and general welfare of the community.
(5)
In granting a special use permit, the Board may apply such special conditions as may, in the opinion of the Board, be required to promote the intent and purposes of the Comprehensive Plan and this chapter of the Town. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but not be limited to, provisions for:
(a)
Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;
(b)
Controlling the sequence of development, including when it must be commenced and completed;
(c)
Controlling the duration of use or development and the time within which any temporary structure must be removed;
(d)
Assuring satisfactory installation and maintenance of required public improvements;
(e)
Designating the exact location and nature of development; and
(f)
Establishing detailed records by submission of drawings, maps, plats, or specifications.
(6)
In the event that a special use permit is sought with a dimension variance, the Board must make affirmative findings consistent with the granting of a special use permit and dimensional variance and the following:
(a)
The special use permit could not exist without the dimensional variance;
(b)
The approval will not adversely affect the surrounding area and will not have an undesirable impact on abutting properties;
(c)
Off-street parking and loading areas are adequate for the proposal;
(d)
Outdoor lighting is designed and located in a manner which complements the character of the neighborhood;
(e)
The use will not disrupt the neighborhood or the privacy of abutting landowners by excessive noise, light or excessive traffic; and
(f)
The approval will not pose a threat to the groundwater and/or drinking water supply.
§ 350-9 Appeals.
An appeal from a decision or action of the Town Council or Zoning Board of Review may be taken by an aggrieved party(ies) in accordance with the following provisions:
A.
From the Zoning Board of Review.
(1)
An aggrieved party may appeal a decision of the Board to the Superior Court for Providence County by filing a complaint setting forth the reasons of appeal within 20 days after the 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 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, the original applicant or appellant and the members of the Board shall be made parties to the 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.
(2)
If, before the date set for hearing in the Superior Court, an application is made to the Court for leave to present additional evidence before the Board and it is shown to the satisfaction of the Court that the additional evidence is material and that there were good reasons for the failure to present it at the hearing before the Board, the Court may order that the additional evidence be taken before the Board upon conditions determined by the Court. The Board may modify its findings and decision by reason of the additional evidence and shall file that evidence and any new findings or decisions with the Superior Court.
(3)
The review shall be conducted by the Superior Court without a jury. The Court shall consider the record of the hearing before the Board and, if it shall appear to the Court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present the evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the Court shall be made.
(4)
The Court shall not substitute its judgment for that of the Board as to the weight of the evidence on questions of fact. The Court may affirm the decision of the Board or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions, or decisions which are:
(a)
In violation of constitutional, statutory, or ordinance provisions;
(b)
In excess of the authority granted to the Board by statute or ordinance;
(c)
Made upon unlawful procedure;
(d)
Affected by other error of law;
(e)
Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or
(f)
Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(5)
Upon the entry of any case or proceeding brought under the provisions of this chapter or in accordance with Title 45, Chapter 24 of the Rhode Island General Laws, including pending appeals and appeals hereinafter taken to the Court, the Court shall, at the request of either party, advance the case, so that the matter shall be afforded precedence on the calendar and shall thereupon be heard and determined with as little delay as possible.
B.
From an act to adopt, amend, revise or repeal this chapter.
(1)
An appeal of an enactment of or an amendment to this chapter may be taken to the Superior Court for Providence County by filing a complaint, as set forth herein, within 30 days after the enactment or amendment has become effective. The appeal may be taken by an aggrieved party or by any legal resident or landowner of the Town or by any association of residents or landowners of the municipality. The appeal shall not stay the enforcement of this chapter, 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.
(2)
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.
(3)
The review shall be conducted by the Court without a jury. The Court shall first consider whether the enactment or amendment of the chapter is in conformance with the Comprehensive Plan. If the enactment or amendment is not in conformance with the Comprehensive Plan, then the Court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not in conformance with the Comprehensive Plan. The Court shall not revise the ordinance to conform with the Comprehensive Plan, but may suggest appropriate language as part of the Court decision.
(4)
In the case of an aggrieved party, where the Court has found that the enactment or amendment of the chapter is in conformance with the Comprehensive Plan, then the Court shall next determine whether the enactment or amendment works as a taking of property from the aggrieved party. If the Court determines that there has been a taking, the Court shall remand the case to the Town Council, with its findings that a taking has occurred, and order the municipality to either provide just compensation or rescind the enactment or amendment within 30 days.
(5)
The Superior Court shall retain jurisdiction, in the event that the aggrieved party and the Town do not agree on the amount of compensation, in which case the Superior Court shall hold further hearings to determine and to award compensation. Furthermore, the Superior Court shall retain jurisdiction to determine the amount of an award of compensation for any temporary taking, if that taking shall exist.
(6)
The Court may, in its discretion, upon motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, as set forth herein, including the Town.
(7)
In case there is filed in the office of the Town Clerk on or before the day of a public hearing held by the Town Council regarding adoption, amendment, revision or repeal of any section or sections of this chapter or within three days thereafter, a written protest against the petition request pending or voted on by the Town Council, signed by the owners of 20% or more of the street frontage directly opposite the property proposed to be affected or by the owners of property abutting on 20% or more at the boundary line between the property proposed to be affected and the property immediately in the rear thereof when there is no street between said properties, no change shall be passed, except by three-fifths vote of the Town Council.
§ 350-10 Judicial aid in enforcement; vested rights.
A.
Judicial aid in enforcement. The Supreme Court and the Superior Court, within their respective jurisdictions, or any justice of either of those courts in vacation, shall, upon due proceedings in the name of the Town, instituted by the Town Solicitor, have power to issue any extraordinary writ or to proceed according to the course of law or equity or both:
(1)
To restrain the erection, alteration, or use of any building, structure, sign, or land erected, altered, or used in violation of the provisions of this chapter, enacted under the authority of Title 45, Chapter 24 of the Rhode Island General Laws, and to order its removal or abatement as a nuisance;
(2)
To compel compliance with the provisions of this chapter enacted under the authority of said Title 45, Chapter 24;
(3)
To order the removal by the property owner of any building, structure, sign, or improvement existing in violation of this chapter enacted under the provisions of said Title 45, Chapter 24, and to authorize the Inspector of the Town, in the default of the removal by the owner, to remove it at the expense of the owner;
(4)
To order the reimbursement for any work or materials which shall have been done or furnished by or at the cost of the Town;
(5)
To order restoration by the owner, where practicable; and/or
(6)
To issue fines and other penalties.
B.
Vested rights.
(1)
Any application(s) for development(s) that are substantially complete and have been submitted for approval to the appropriate review agency in the Town prior to enactment of this chapter shall be considered by the Town under the protection of this section and shall be reviewed according to the regulations applicable in the chapter in force at the time the application was submitted. If an application for development under the provisions of this section is approved, failure to initiate and/or complete the improvement of the property(ies) prior to the time limits that may be established at the time of approval, shall render the aforementioned approval null and void. Any subsequent proposal for development of the property, whether or not the proposal is substantially similar to any previously approved plan, shall require a resubmission of development plans by the applicant, subject to the current regulations in effect at the time of such resubmission.
(2)
For the purposes of this section, “substantially complete” shall mean that any application shall have been deemed such by the local official designated to receive such applications, as specified elsewhere in this chapter, and that all required forms, plans, signatures, fees, supporting documentation and other required information has been received and certified by the proper local official to be in proper order. Failure to submit the required information in the proper form, as determined by the designated local official, shall render the submission null and void to any rights afforded through this section.