It shall be the duty of the Zoning Enforcement Officer to enforce the provisions of this chapter.

The Zoning Enforcement Officer shall be responsible for:

In order to provide guidance or clarification, the Zoning Enforcement Officer shall, upon written request, issue a zoning certificate or provide information to the requesting party as to the determination by the official or agency within 20 days of the written request. In the event that no written response is provided within that time, the requesting party shall have the right to appeal to the Zoning Board of Review for the determination. The Zoning Enforcement Officer may charge a reasonable fee as determined by Town ordinance.

The Zoning Enforcement Officer shall have authority to administratively approve modifications from the dimensional standards presented within Article IV, regarding dimensional requirements for structures, except for maximum height of building, provided the deviation is not more than 10% of the required setback, and further provided that the Zoning Enforcement Officer receives no written objections to the requested variance within 30 calendar days from the date of notification. Said notification shall be sent by first-class mail to the applicant, and to at least all those who would require notice under Article XVII (and R.I.G.L. § 45-24-53). The notice shall include the street address of the subject property. Should written objection be received by the Zoning Enforcement Officer or if the Zoning Enforcement Officer cannot make the required determinations as presented within Article X, Variances, the application shall be referred to the Zoning Board of Review through the standard procedures for variances in Article X, Variances.

No building, structure, or sign shall be erected, substantially altered, or relocated and no land shall be placed in use until a certificate authorizing such has been issued by the Zoning Enforcement Officer.

No certificate shall be issued for any use not specifically permitted in this chapter, except when the Zoning Enforcement Officer receives a statement, in writing, from the Zoning Board of Review indicating the grant of an appeal, special use permit, or variance; or, a statement, in writing, from the Town Council indicating an amendment to this chapter.

The Town Clerk shall be the custodian of the Zoning Chapter and Zoning Map or Maps.

The Planning Board, its designee and/or staff under the supervision of the Board shall be responsible for the maintenance and update of the text and Zoning Map comprising the Zoning Ordinance. Changes which impact the Zoning Map shall be depicted on the map within 90 days of the authorized change(s).

The Planning Board shall be responsible for review of the Zoning Ordinance at reasonable intervals; and whenever changes are made to the Comprehensive Plan of the Town, for the identification of any changes necessary and for the forwarding of these recommended changes to the Town Council for consideration.

Establishment.

Procedures.

Powers and duties.

The Zoning Board of Review shall sit as the Board of Appeal, to hear an appeal by an aggrieved party from any decision of the Administrative Officer charged in the regulations with enforcement of any provisions, except as provided in this section. Decision by the Administrative Officer approving or denying projects under R.I.G.L. § 45-23-38 or R.I.G.L. § 45-23-50 shall not be subject to this section and shall proceed directly to Superior Court as set forth in R.I.G.L. § 45-23-71. Such appeal must be taken within 20 days after the decision has been recorded and posted in the office of the Town Clerk. The appeal shall be in writing and shall state clearly and unambiguously the issue or decision which is being appealed. Upon receipt, the Board of Appeal shall require the Administrative Officer to transmit all papers, documents, or plans, or a certified copy, constituting the record of the action. The appeal shall either be sent by certified mail, with return receipt requested, or be hand-delivered to the Board of Appeal. An appeal shall stay all proceedings in furtherance of the action being appealed.

The Board of Appeal shall hold a public hearing on the appeal within 45 days of the receipt of the appeal, give public notice, as well as due notice to the parties of interest. At the hearing the parties may appear in person or be represented by an agent or attorney. The Board shall render a decision within 10 days of the close of the public hearing. The cost of notice required for the hearing shall be borne by the appellant. The hearing of the Board of Appeal may be held on the same date and place as the Zoning Board of Review. However, such meeting shall be held as a separate meeting from any Zoning Board of Review meeting and separate minutes and records of votes shall be maintained by the Board of Appeal. The Board of Appeal shall keep complete records of all proceedings including a record of all votes taken, and shall put all decisions on appeals in writing. The Board of Appeal shall include in the written record the reasons for each decision.

The Board of Appeal shall not substitute its own judgment for that of the Administrative Officer, but must consider the issue upon the findings and record of the Administrative Officer. The Board of Appeal shall not reverse a decision of the Administrative Officer except on a finding of prejudicial error, clear error, or lack of support by the weight of the evidence in the record.

The concurring vote of three of the five members of the Board of Appeal sitting at the hearing shall be necessary to reverse any decision of the Administrative Officer.

In the instance where the Board of Appeal overturns a decision of the Administrative Officer the proposed project application shall be remanded to the Administrative Officer at the stage of processing from which the appeal was taken, for further proceedings before the Administrative Officer and/or the final disposition, which shall be consistent with the Board of Appeal's decision.

An aggrieved party may appeal a decision of the Board of Appeal, a decision of the Administrative Officer made pursuant to R.I.G.L. § 45-23-38 or R.I.G.L. § 45-23-50 where authorized to approve or deny an application, a decision of the technical review committee where authorized to approve or deny an application, or a decision of the Planning Board, to the Superior Court, pursuant to R.I.G.L. § 45-23-71, filing such complaint stating the reasons for the appeal within 20 days after the decision has been recorded and posted in the Town Clerk's office. Recommendation by any public body or officer under this chapter are not appealable under this section.

Appeals from decisions granting or denying approval of a final plan shall be limited to the elements of the approval or disapproval not contained in the decision reached by the permitting authority at the preliminary stage, providing that a public hearing has been held on the plan, if required pursuant to this chapter.

Application procedures for the filing of appeals, request for variances, special use permits, development plan review, site plan review, and such other applications as may be specified in this Zoning Chapter shall be prepared by the Zoning Enforcement Officer.

Reasonable fees may be required, in an amount to be established by the Town Council, to be paid by the appellant or applicant for the adequate review and hearing of applications, issuance of zoning certificates and recording of the decisions thereon.

Applications for appeals, request for variances, special use permits, development plan review, site plan review, and such other applications as may be specified in this Zoning Chapter shall be accompanied by a filing fee of $250, plus reasonable abutter notification fees.

Any application for Zoning Ordinance amendment shall be accompanied by a filing fee of $250, plus petitioner will pay cost of advertising fees.

The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated, or maintained contrary to any of the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful.

Any person who violates any provision of this chapter shall be fined not more than $500 for each offense. Each day of existence of any violation shall be deemed to be a separate offense. Any fine shall inure to the Town.

The Town may also 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 its Zoning Chapter. The Town may consolidate an action for injunctive relief and/or fines under this chapter in the Superior Court of the county in which the subject property is located.

Following a public hearing, the Zoning Board of Review shall render a decision within a reasonable period of time. The Zoning Board of Review 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 Zoning Enforcement Officer and Town Clerk within 30 working days from the date when the decision was rendered, and shall be a public record. A Zoning Board decision shall be considered officially approved when the written decision is recorded in the land evidence records. The appeal period shall begin to run on the date the written decision is recorded in the land evidence records. The Zoning Board of Review 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 Zoning Board of Review 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 Zoning Board of Review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device. In the event that an appellant wishes to obtain a transcript of any such stenographic or recorded record, the appellant shall bear all costs of such transcript. The action of the Zoning Board of Review shall be posted in a location visible to the public in Town Hall for a period of 20 days following the Zoning Board’s date of the decision.

Any decision by the Zoning Board of Review, including any special conditions attached thereto, shall be hand delivered or mailed 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 by the applicant.

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 Zoning Chapter, and to order its removal or abatement as a nuisance;

To compel compliance with the provisions of this Zoning Chapter;

To order the removal by the property owner of any building, structure, sign, or improvement existing in violation of this Zoning Chapter and to authorize some official of the Town, in the default of the removal by the owner, to remove it at the expense of the owner;

To order the reimbursement for any work or materials which shall have been done or furnished by or at the cost of the Town;

To order restoration by the owner, where practicable; and/or

To issue fines and other penalties.