It shall be the duty of the Building Inspector of the Town of Middletown, hereinafter called the Zoning Officer, to administer and enforce the provisions of this chapter.

(Ord. passed 10-30-06)

   If the Zoning Officer determines that any of the provisions of this chapter are being violated, he/she shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The Zoning Officer shall order discontinuance of illegal use of land or structures, removal of illegal structures or additions, alterations or structural changes thereto, discontinuance of any illegal work being done or shall take any other action authorized by this chapter to ensure compliance with, or to prevent violation of, its provisions.

(Ord. passed 10-30-06)

   No building or structure shall be erected, moved, added to or structurally altered and no alteration to land resulting in an increase in impervious surface except for residential driveways and residential patios, shall be done without a building permit therefor, issued by the Building Official in accordance with the State Building Code. No building permit shall be issued except in conformity with the provisions of this chapter or except after written order from the Zoning Board of Review.

(Ord. passed 10-30-06)

   (A)   All applications for building permits shall be accompanied by plans, in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of structures already existing, if any; and the location and dimensions of the proposed structure or alteration.

   (B)   The application shall include such other information as may be lawfully required by the Zoning Officer, including information concerning existing or proposed building or alteration; existing or proposed uses of the structure and land; and the number of families, housekeeping units, or rental units the structure is designed to accommodate. The application shall also show conditions existing on the lot. to include location of all wetland, floodplains, coastal features and soils information (if applicable); and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter.

   (C)   One copy of the plans shall be returned to the applicant by the Zoning Officer, after marking such copy either as approved or disapproved and attested thereto by his/her signature on such copy. The second copy of the plans, similarly marked shall be retained by the Zoning Officer.

   (D)   The Zoning Officer shall maintain a record of all building permits issued, and copies shall be furnished to any person upon request and upon receipt of a reasonable fee.

(Ord. passed 10-30-06)

      (1)   The Administrative Officer (Town Planner), who shall serve as Chairman of the TRC;

      (2)   The Zoning Officer;

      (3)   The Public Works Director; and

      (4)   The Town Engineer.

      (1)   A quorum of the Technical Review Committee shall consist of at least three members, provided that it must include the Administrative Officer.

      (2)   An affirmative vote of the majority of the members present shall be required to take any action.

      (3)   All votes and minutes of the Technical Review Committee shall comply with the Open Meetings Act. The Administrative Officer shall take the minutes of the TRC or may designate a staff member to do so.

      (4)   All records of the Technical Review Committee shall be in the care of the Administrative Officer.

      (5)   The Technical Review Committee shall meet as necessary.

      (6)   All applications for Development Plan Review shall be filed with the Zoning Board of Review in accordance with § 305 of this chapter.

      (7)   The Administrative Officer shall establish a schedule for application review to ensure compliance with the timeframes provided in Article 10 of the Middletown Rules and Regulations Regarding the Subdivision and Development of Land.

(Ord. passed 10-30-06; Am. Ord. 2013-11, passed 8-19-13)

   Development Plan Review (DPR) is a procedure for the review of new commercial development and substantial alteration to existing development in order to ensure a basic standard of building, site and landscape design. DPR shall be required for certain new development and redevelopment as specified in this subchapter. Projects exempt from DPR are set forth in § 306. The rules and regulations for the development of land in the town are contained in the Middletown Rules and Regulations Regarding the Subdivision and Development of Land (the “Regulations”).

   (C)   The review shall be conducted pursuant to R.I. Gen. Laws §§ 45-23-32 and 45-23-56, as established and set forth in this chapter, as part of the overall approval process. The Planning Board shall hold a public hearing consistent with the notice requirements of § 320(A).

   (D)   All applications for DPR shall be filed with the Administrative Officer. The Administrative Officer, Planning Board and the Technical Review Committee (TRC), as applicable, shall have the administrative power and duty, in accordance with the requirements of this chapter and the Regulations, to review all plans for the proposed development.

(Ord. passed 10-30-06; Am. Ord. 2013-11, passed 8-19-13; Am. Ord. 2024-1, passed 1-16- 24)

   When a building permit or zoning relief is requested, the Building/Zoning Official shall confer with the Administrative Officer, who shall determine whether or not development plan review is required based on the criteria below. Whether or not development plan review is required, all development, except single-family and two-family residential development, must meet the design standards of Article 5 of the Regulations, unless a waiver is granted by the Planning Board. For development where the Administrative Officer determines that development plan review is not required, compliance with the design standards of the Regulations, Article 5 shall be determined by the Administrative Officer in consultation with the Building/Zoning Official. In cases where it is determined that development plan review is not required, but one or more waivers from the design standards of the regulations is requested, the waiver request(s) shall be forwarded by the Administrative Officer to the Planning Board for consideration.

(Ord. passed 10-30-06; Am. Ord. 2013-11, passed 8-19-13; Am. Ord. 2021-5, passed 5-17-21; Am. Ord. 2024-1, passed 1-16-24)

      (1)   The granting of approval will not result in conditions inimical to the public health, safety and welfare;

      (2)   The granting of such approval will not substantially or permanently injure the appropriate use of the property in the surrounding area or zoning district;

      (3)   The plans for such project comply with all the requirements of this chapter and the Regulations, or that necessary waivers from the requirements of the Regulations have been granted;

      (4)   The plans for such project are consistent with the Comprehensive Plan; and

      (5)   Any conditions or restrictions that are necessary to ensure that these guidelines have been met have been incorporated into the written approval or recommendation.

(Ord. passed 10-30-06; Am. Ord. 2013-11, passed 8-19-13)

   The purpose of development impact review is to provide for detailed analysis of certain land uses which, because of their scale or intensity of use, have the potential for significant impact on the health, safety or general welfare of town residents, including negative effects on the environment, abutting property values, demand for town services and infrastructure, and traffic safety.

   (B)   Requirements. Applicants within the scope of this section shall comply with the following:

      (1)   Impact statement. The applicant shall submit to the Planning Board an impact statement, prepared with the assistance of qualified consultants, which shall evaluate the potential impact of the development upon:

         (a)   Traffic and parking conditions on site and within the surrounding area;

         (b)   Municipal utilities and services, including water supply, sewage disposal, storm drains, police, fire protection, emergency services, schools, and other town services;

         (c)   The physical and ecological characteristics of the site and surrounding land, including wetlands, floodplain, vegetation, wildlife habitat, and other environmental conditions;

         (d)   The character of the community, including scenic, historic and archaeological conditions; scale, placement, lighting, parking, and use of open space.

   (D)   Payment for impact statement and review.  

      (1)   The cost of all studies and investigations reasonably necessary to prepare impact statements required under this section shall be borne by the applicant. The cost of hiring a consultant(s) to review the impact statement shall be borne indirectly by the applicant through payment of a fee to the town upon submission of the application, in addition to the filing fee. The initial impact review fee shall be determined based on a cost proposal provided by the town’s consulting engineer for completing the review. All additional costs incurred beyond those identified in the engineer’s initial proposal shall also be the responsibility of the applicant, to be paid to the town prior to the Planning Board taking final action on the application.

      (2)   Any portion of the fees collected under this section that remain unused shall be refunded to the applicant upon expiration of the final appeal period.

(Ord. passed 10-30-06; Am. Ord. 07-15, passed 12-3-07; Am. Ord. 2013-11, passed 8-19-13; Am. Ord. 2018-4, passed 3-5-18)

   (A)   It shall be unlawful to use or occupy or permit the use or occupancy of any structure or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefore by the Zoning Officer stating that the proposed use of the structure or land conforms to the requirement of this chapter.

   (B)   No nonconforming structure or use shall be renewed, changed or extended until a certificate of zoning compliance shall have been issued therefor by the Zoning Officer. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter.

   (C)   A temporary certificate of zoning compliance may be issued by the Zoning Officer at his or her sole discretion for periods not exceeding six months during alteration or partial occupancy of a structure pending its completion; provided, that such temporary certificate may require such conditions and safeguard as will protect the safety of the occupants and the public.

   (D)   The Zoning Officer shall maintain a record of all certificates of zoning compliance issued and copies shall be furnished to any person upon request and upon receipt of a reasonable fee.

   (E)   Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and punishable under § 316.

(Ord. passed 10-30-06)

   (A)   If the work or use described in any building permit has not begun within six months from the date of issuance thereof, such permit shall automatically become invalid.

   (B)   If the work described in any building permit issued as a result of a zoning variance or special use permit has not been completed within two years of the date of issuance thereof, such permit shall automatically become invalid; provided, that the Zoning Board may, upon application thereof and for cause shown, grant an extension provided that not more than one such extension for a period of one year be granted.

   (C)   In the event of expiration, written notice thereof shall be given to the persons affected, together with notice that further work as described in the expired permit shall not proceed unless a new building permit has been issued.

(Ord. passed 10-30-06)

   Nothing in this chapter shall require changes in the plans, construction or designated use of a structure or portion thereof for which a permit has been heretofore issued. Construction must begin within 90 days after this chapter becomes effective. The entire structure must be complete, as authorized, within two years thereafter.

(Ord. passed 10-30-06)

   Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Officer authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement, or construction. Use, arrangement or construction at variance with that authorized shall be deemed in violation of this chapter, and punishable as provided by § 316.

(Ord. passed 10-30-06)

   Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the cause and basis thereof, shall be filed with the Zoning Officer, who shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.

(Ord. passed 10-30-06)

   (A)   Any person, corporation, or other entity, whether as principal, agent, employee, subcontractor or the like, who violates any of the provisions of this chapter shall be subject to a fine not to exceed $500 for each offense. Each day of the existence of any violation shall be deemed a separate offense.

   (B)   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. At the request of the Zoning Officer, the Town Solicitor, immediately upon any such violation having been called to his or her attention, shall institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation.

   (C)   The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(Ord. passed 10-30-06)

   (A)   An appeal to the Zoning Board of Review from a decision of any other zoning enforcement agency or officer may be taken by an aggrieved party. The appeal shall be taken within 30 days of the date of the recording of the decision by the Zoning Officer or agency by filing with the Zoning Officer and with the Zoning Board of Review a notice of appeal specifying the ground of the appeal. The Board may extend such period to 60 days in cases of failure to prosecute such appeal by reason of accident, mistake or any other good cause. The officer or agency from whom the appeal is taken shall immediately transmit to the Zoning Board of Review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the Planning Board.

   (B)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Officer or agency from whom the appeal is taken certifies to the Board, after an appeal has been filed, that by reason of facts slated in the certificate a stay would in the officer's or agency'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 and upon notice to the officer or agency from whom the appeal was taken on due cause shown.

   (C)   The Zoning Board of Review shall hear and decide appeals within 65 days of the date of the filing of the appeal where it is alleged there is an 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, and shall give public notice, at least 14 days prior to the date of the hearing in a newspaper of general circulation in the town. Notice of the hearing, which shall include the street address of the subject property, shall be sent by first class mail, postage prepaid, to the appellant and to those requiring notice under R.I. Gen. Laws § 45-24-53. All decisions and records of the Zoning Board of Review respecting appeals shall be consistent with the requirements set forth in R.I. Gen. Laws § 45-24-61. Upon the hearing, any party may appear in person or by agent or by attorney. The cost of any notice required for the hearing shall be borne by the applicant.

   (D)   Participation in a zoning hearing or other proceeding by a party is not 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 improper personal benefit, or malicious, wanton or willful misconduct.

   (E)   In exercising its powers the Zoning 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 any orders, requirements, decisions or determinations that ought to be made and to that end has the powers of the officer from whom the appeal was taken. All decisions and records of the Zoning Board of Review respecting appeals shall conform to the provisions of R.I. Gen. Laws § 45-24-61.

(Ord. passed 10-30-06; Am. Ord. 2018-1, passed 2-20-18)

   Applications for special use permits and variances shall be filed directly with the Board.

(Ord. passed 10-30-06)

   (A)   An appeal from any decision of the Planning Board or Administrative Officer charged in the Planning Board's rules and regulations with enforcement of any provisions, may be taken to the Zoning Board, sitting as a Planning Board of Appeal, by an aggrieved party. An appeal from a decision of the Board of Appeal may be taken by the aggrieved party to the Superior Court.

   (B)   The process of appeal shall be as required by R.I. Gen. Laws § 45-23-67.

   (C)   An appeal shall stay all proceedings in furtherance of the action being appealed.

   (E)   The standards of review for a Planning Board appeal shall be as required by R.I. Gen. Laws § 45-23-70.

(Ord. passed 10-30-06)

   Subject to the provisions of division (D), no actions shall be taken by the Zoning Board of Review on the matter of an appeal, special use permit or variance, or any other matter upon which the Board is authorized to pass, without first holding a public hearing thereon. At such public hearing opportunity shall be given to all persons interested in being heard on the matter of the appeal, special use permit or variance.

   (A)   The Board shall fix a reasonable time for the hearing of an appeal or application for a special use permit or variance; shall publish public notice thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town of Middletown prior to the date of such hearing.

   The Board shall give due notice by first class mail at least 14 days in advance to the applicant, all owners of real property located in or within not less than 200 feet of the perimeter of the subject area and other parties of interest. The notice shall include the street address of the subject property, or if no street address is available, other information which will assist interested parties to identify the property geographically.

   (B)   The Board may:

      (1)   Request that the Planning Board, other town commissions or town departments review the application and report findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan. Such requests shall be acted upon and returned to the Board within 30 days of receipt.

      (2)   Require that a supplemental notice, when an application for a variance is under consideration, be posted at the location in question. The posting shall be for information purposes only and does not constitute required notice of a public hearing.

   (C)   The Board shall hear and decide appeals, special use requests and variances within a reasonable time. Any party may appear at the hearing in person, by agent authorized in writing or by attorney. Notice of granting of an appeal. Special use permit or variance shall be sent to the Zoning Officer and Planning Board within ten days after final action.

(Ord. passed 10-30-06)

   The public hearing, in the case of an application for a dimensional variance, may be a full hearing or a summary hearing, as determined by the following procedure:

      (1)   A petition for a variance requesting relief of a single setback where said relief is less than or equal to 50% of the required setback as set forth in § 603, may be considered as a summary petition at the discretion of the Zoning Board.

      (2)   At the commencement of a hearing of the Board of Review, the chairperson shall read aloud the name of each applicant who is applying for a single dimensional variance of less than or equal to 50% of the required setback as set forth in § 603, in the order in which such applications appear on the docket, and shall ask after reading each name, whether any member of the Board or any person attending the hearing has any objection to the application or for any other reason objects to a summary hearing on that application.

      (4)   After all eligible applications have been thus announced and opportunity for objection has been given, a summary of each application marked for a summary hearing, including the name of the applicant, the location of the property involved, and the nature of the relief sought, shall be read aloud and the chairperson shall again ask if there are any objections to the application. If no objections are heard, the Board shall immediately vote to approve or disapprove the application. If, prior to the vote, an objection is raised, the application shall be held for later consideration on a full hearing, together with all other applications receiving a full hearing.

      (5)   Following the disposition of all applications marked for a summary hearing, the Board shall proceed with full hearings of all other matters on the docket.

(Ord. passed 10-30-06)

   Procedures and timeframes for keeping Zoning Board of Review meeting records and minutes, rendering and recording decisions, and for providing notice and copies of decisions to applicants, objectors and others shall be consistent with the requirements set forth in R.I. Gen. Laws § 45-24-61.

(Ord. 2018-2, passed 2-20-18)

   (C)   In granting requests for dimensional and use variances, the planning board shall be bound to the requirements of § 903 relative to entering evidence into the record in satisfaction of the applicable standards.

   (D)   In reviewing requests for special use permits the Planning Board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance, § 902, and shall be required to provide for the recording of findings of fact and written decisions.

(Ord. 2024-1, passed 1-16-24)