Little Compton City Zoning Code
§ 14-9.1
Enforcement.
[Ord. 6/23/94, Art. 9; Ord. 5/31/06, § 7; amended 12-7-2023; 6-12-2025]
a.
Building Official. It shall be the duty of the Building Official to interpret and enforce the provisions of this chapter in the manner and form and with the powers provided in the laws of the State and in the Charter and Ordinances of the Town. The Building Official shall:
1.
Provide for the issuance of modifications from the literal dimensional requirements of the zoning ordinance in the instance of the construction, alteration, or structural modification of a structure or lot of record. The Building Official is authorized to grant modification permits. The zoning ordinance shall permit modifications that are fifteen percent (15%) or less of the dimensional requirements specified in the zoning ordinance. A modification does not permit moving of lot lines. Within 10 days of the receipt of a request for a modification, the Building Official shall make a decision as to the suitability of the requested modification based on the following determinations:
(a)
The modification requested is reasonably necessary for the full enjoyment of the permitted use;
(b)
If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
(c)
The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and
(d)
The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.
2.
Upon an affirmative determination, in the case of a modification of five percent (5%) or less, the Building Official shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent (5%), the Building Official shall notify, by first class mail, all property owners of record of land within 200 feet of 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 fourteen (14) days of the public notice. If written objection is received within fourteen (14) days, the request for a modification shall be scheduled for the next available hearing before the zoning board of review 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 fourteen (14) days, the Building Official shall grant the modification. The Building Official may apply any special conditions to the permit as may, in the opinion of the Building Official, be required to conform to the intent and purposes of the zoning ordinance. The Building Official shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
3.
Refer all applications for variances greater than 15% of the dimensional requirements specified in the zoning ordinance, special use permits and other appeals to the Zoning Board of Review. The Building Official shall make a determination in writing, within 15 days, to any written complaint received, regarding a violation of this chapter. In order to provide guidance or clarification, the Building Official shall, upon written request, issue a zoning certificate or provide information to the requesting party within 15 days of the written request. Any determination of the Building Official may be appealed to the Board in accordance with subsection 14-9.7 of this chapter.
b.
Permit.
1.
No land shall be used and no building, structure or sign shall be erected, modified, enlarged or placed into use until all necessary permits have been issued by the Building Official. This requirement shall not apply to uses lawfully existing at the time of adoption of this amendment but shall apply to any new or expanded use of land or structure initiated subsequent to the effective date of this amendment. No permit may be issued for any action or use not in conformity with the provisions of this chapter, except where the Building Official is notified by the Zoning Board of Review of the granting of a special exception or variance.
2.
Application for a permit shall be made to the Building Official on forms available for that purpose. If such application is disapproved, all copies shall be so endorsed and one copy returned to the applicant stating the reasons for disapproval.
3.
A permit shall be valid for the duration of the use which was the subject of the original issuance and shall expire upon termination of that use. Where a permit authorizes the construction of a building, structure, sign or other improvement; said construction shall be initiated within one year and shall be diligently prosecuted until completion. Where said construction is not initiated within one year, the permit shall expire and a new application shall be submitted.
4.
Pursuant to Chapter 53 of the Rhode Island General Laws, as amended the Low-and Moderate-Income Housing Act, the Little Compton Planning Board shall have the authority to issue a comprehensive permit for low- and moderate-income housing. Rules and regulations governing comprehensive permits are contained in Appendix C Subdivision Regulations of the Town of Little Compton, Rhode Island.
c.
Vested Rights.
1.
Any application for development under this chapter, including an application for a building permit, special use permit, variance, or planned development, shall be deemed substantially complete when all required documents, including plans, together with required fees, are received by the official designated herein to receive such applications. Required documents shall include only those documents specified either by this chapter or by rules adopted and published by the permitting authority prior to the time the application is filed.
2.
Any application for development under this chapter that has been granted, or that is substantially complete, prior to the enactment or amendment of this chapter, shall be reviewed according to the regulations applicable in the Zoning Chapter in force at the time the application was submitted. If such application has been granted, or is subsequently approved, the applicant must begin construction, or exercise the right granted in the application if no construction is involved, not more than one year after the date of such approval. All construction must be completed not more than two years after the date of such approval, unless specifically set forth to the contrary in the original approval.
d.
Other Codes, Ordinances, Regulations and Rules. The requirements of this chapter shall not relieve the applicant of the responsibility of obtaining such permits or approvals as may be required under applicable provisions of other codes, ordinances, regulations or rules of any unit of local, State or Federal government. Where such codes, ordinances, regulations or rules require approval as a prerequisite to the issuance of a permit, evidence of such approval shall be submitted at the time of application for the permit.
e.
Minimum Requirements. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, convenience or the general welfare.
f.
Conflicts of Law. All departments, officials and public employees of the Town which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this chapter. Any permit or license, issued in conflict with the provisions of this chapter, shall be null and void.
g.
Special Use Permit For Detrimental Reliance. Notwithstanding Subsection f above, upon application, the Zoning Board shall have the authority to grant a special use permit to allow a building or structure, but not a use, that is in conflict with the provisions of this chapter, where the Board finds, in addition to the findings required in Subsection 14-9.5:
1.
That an error was made by a Town official that directly caused the owner to rely on such error to the owner's detriment; and
2.
That the owner exercised due diligence and did not mislead the Town official or otherwise contribute to the error; and
3.
That the doctrines of "laches" and "clean hands" do not bar the owner from receiving such relief; and
4.
That the interests of equity and fairness require such relief to be granted.
h.
Penalties. Any person or corporation, whether as principal, agent, employee or otherwise, who violates or is the owner of property in violation of any of the provisions of this chapter shall be fined up to $500 for each offense, such fine to inure to the Town. Each day of the existence of any violation shall be deemed a separate offense. The erection, construction, enlargement, intensification, conversion, moving or maintenance of any building or structure and the use of any land or building or structure which is continued, operated or maintained, contrary to any of the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful. The Building Official shall be empowered to levy such fines, with appeal thereupon to the District Court. The Town Council, through the Town Solicitor, shall also be empowered to institute an injunction, abatement or any other appropriate action in any appropriate court to prevent, enjoin, abate or remove such violation, or compel compliance with the provisions of this chapter. The Town Solicitor may consolidate an action for injunctive relief and/or fines under this chapter in the Superior Court for Newport County. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.