New Shoreham City Zoning Code
ARTICLE 6
Administration
§ 601 General.
A.
The Town Council is authorized to enact the Zoning Ordinance and to have it reviewed periodically.
B.
The Planning Board is charged with reviewing this Ordinance every five years, and following any amendment to the Comprehensive Plan, to identify any changes necessary and forwarding those changes to the Town Council. At such times, the Council, after public hearing in accordance with § 708 (Amendments to the Ordinance), shall amend this Ordinance, or adopt a new zoning ordinance as required to promote the needs and public welfare of the Town.
C.
The members of the Zoning Board of Review and the Planning Board, as well as Town officials charged with the enforcement of the standards and procedures set forth in this Ordinance, shall be appointed in accordance with the procedures set forth in the Town Charter. Other Town committees, commissions, and boards, as the public welfare requires, shall be appointed in accordance with the procedures set forth in the Town Charter.
D.
The Town Clerk shall be the custodian of the Zoning Ordinance and Zoning Map or Maps. The Town Clerk 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 changes.
§ 602 Administration, Enforcement and Duties.
[Amended 5-3-2022 by Ord. No. 2022-04; 8-16-2023 by Ord. No. 2023-06]
A.
Designation. A Zoning Official shall be designated by the Town Manager to assist in administration and enforcement of this Ordinance. They may be provided with the assistance of such other persons as the Town Manager may direct.
B.
Duties.
1.
It shall be the duty of the Zoning Official to interpret and enforce the provisions of this Ordinance in the manner and form and with the powers provided in the laws of the State and in the Charter and Ordinances of the Town.
2.
The Zoning Official shall refer all applications for variances, Special Use Permits and other appeals to the Zoning Board of Review, and shall grant or deny applications for Zoning Modifications.
3.
In order to provide guidance or clarification, the Zoning Official shall, upon written request, issue a Zoning Certificate or provide information to the requesting party as to the determination by the Zoning Official. Such information, certificate or determination shall be provided within 15 days of the Zoning Official's receipt of the written request. If 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.
4.
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may convey to the Zoning Official (or their designee) a complaint, which shall be in writing. The Zoning Official (or their designee) shall properly record such complaint, promptly investigate and take appropriate action thereon as provided by the Ordinance. All complainants shall be promptly notified as to the disposition of their complaint. The Zoning Official (or their designee) shall make a determination in writing, within 15 days, to any written complaint received, regarding a violation of this Ordinance. Any such determination may be appealed to the Zoning Board of Review.
5.
If the Zoning Official (or their designee) shall find that any of the provisions of this Ordinance are being violated, they shall notify in writing the person responsible for such violation, indicate the nature of the violation and order the action necessary to correct it. They shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance or by State Law or by policies or procedures adopted by Town Council to ensure compliance with or to prevent violation of their provisions.
6.
The Zoning Official shall perform such other duties and take such other actions as may be assigned by this Ordinance.
C.
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 Ordinance and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this Ordinance. Any permit or license, issued in conflict with the provisions of this Ordinance, shall be null and void.
§ 603 Zoning Board of Review.
[Added November 1, 2004; amended 3-5-2018 by Ord. No. 2018-05; 5-3-2022 by Ord. No. 2022-04; 10-16-2024 by Ord. No. 2024-22]
A.
General.
1.
The Board acts as a legally constituted quasi-judicial decision-making body and shall take no action except in accordance with state law.
2.
The Zoning Board of Review shall be appointed by the Town Council and shall consist of five regular members and two auxiliary members.
3.
If a vacancy occurs on the Board, for whatever reason at any time, the Town Council shall appoint a new member for the remainder of the unexpired term.
4.
The Town Council may remove any regular or auxiliary member for cause, including excessive absenteeism, after written notice to the member and a hearing. The notice shall be sent by regular and certified mail to the members' last known mailing address.
B.
Powers and Duties. The Zoning Board of Review shall:
1.
Have the following powers and duties:
a.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative officer of the Town in the enforcement or interpretation of this Ordinance, or of any Ordinance adopted pursuant hereto;
b.
To hear and decide appeals from a party aggrieved by a decision of the Historic District Commission;
c.
To hear and decide appeals from a party aggrieved by a decision of the Minimum Housing Inspector, and serving as the Housing Board of Review;
d.
To hear and decide appeals for Airport Zoning Regulations;
e.
To authorize, upon application, in specific cases of hardship, variances in the application of the terms of this Ordinance, pursuant to § 706. Variance;
f.
To authorize, upon application, in specific cases, Special Use Permits, pursuant to § 703;
g.
To refer matters to the Planning Board, or to other boards or agencies of the Town, as the Zoning Board may deem appropriate, for findings and recommendations;
h.
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 approval shall specify the time period in which all state or federal agency approvals must be received. 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;
i.
To act as the Local Review Board on comprehensive permits for the Town; and
j.
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; and
2.
Be required to vote as follows:
a.
Five active members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself, shall not sit as an active member, and take no part in the conduct of the hearing. Only five active members shall be entitled to vote on any issue;
b.
The concurring vote of three of the five members of the Zoning Board of Review 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;
c.
The concurring vote of four of the five members of the Zoning Board of Review sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the Zoning Board of Review, upon which it is required to pass under the Ordinance, including Variances and Special Use Permits; and
d.
No member or auxiliary member may vote on any matter before the Zoning Board of Review unless he or she has attended all hearings concerning that matter.
C.
Decisions and Records.
1.
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.
2.
A written copy of the decision shall be filed in the office of the Zoning Board of Review within thirty (30) days of the date the decision was rendered, and shall be a public record. A decision granting a Variance or a Special Use Permit shall be recorded in the Land Evidence Records.
3.
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.
4.
The Zoning Board of Review 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.
5.
For any proceeding in which the right of appeal lies to the Superior or Supreme Court, the Zoning Board of Review shall either have the minutes taken by a competent court stenographer or record the meeting with a sound-recording device.
6.
Within one business day of the day a written Zoning Board of Review decision is filed, a copy shall be mailed by any method that provides confirmation of receipt to the applicant and to any objector who has filed a written request for notification with the Zoning Officer. A copy shall also be delivered to the zoning enforcement officer. If the decision was recorded in the Land Evidence Records, a copy of the recorded decision shall be mailed.
§ 604 Technical Review Committee.
[Added 2-21-2024 by Ord. No. 2024-05]
A.
There is hereby established a technical review committee (TRC) in accordance with RIGL § 45-23-56, the members of which are appointed by the Planning Board. The TRC is responsible for conducting technical reviews of all applications subject to the jurisdiction delegated in the Land Development and Subdivision Regulations.
B.
The TRC shall consist of a minimum of three (3) members and include the following membership:
1.
The Administrative Officer who shall serve as Chair;
2.
At least one but no more than three members of the Planning Board.
3.
At least one of the following additional members:
a.
The Zoning Official or designee.
b.
The Public Works Director or designee.
c.
The Fire Chief or designee.
d.
The Police Chief or designee.
e.
The Town Engineer or designee.
f.
Additional member(s) of the Planning Board, but no more than three members total may serve at one time.
g.
A member of the Conservation Commission.
h.
A member of the Historic District Commission.
i.
A member of the Water District.
j.
A member of the Sewer District.
k.
A member of the public with expertise and/or knowledge and/or experience in land use planning, architecture, construction, land surveying, or engineering.
C.
The Planning Board shall adopt written procedures establishing the committee's responsibilities.
1.
The Planning Board may allow the administrative officer to invite additional members to sit as full members for specific projects where there is a specialized knowledge, skill, or expertise required for review.
D.
Recommendations of the TRC to the permitting authority shall be in writing and kept as part of the permanent record of the development application. In no case shall the recommendations of the Technical Review Committee be binding on the Planning Board in its activities or decisions. The recommendation of the TRC shall be made available to the applicant prior to a decision by the permitting authority.