New Shoreham City Zoning Code
ARTICLE 7
Permits, Procedures and Enforcement
§ 701 Building Permit/Zoning Certificate/Certificate of Occupancy.
[Amended Jan. 21, 2004; May 21, 2008; 5-3-2022 by Ord. No. 2022-04]
A.
Application. Application for a building permit or zoning certificate shall be submitted by the owner of the property or the owner's agent on forms provided by the Building Official or Zoning Official, together with the pertinent application fee(s).
B.
Submittal Requirements. The application shall be accompanied by the following:
1.
A site plan, drawn to scale, with sufficient clarity to show the lot boundaries, the location of any existing and proposed structures, all proposed or existing uses clearly identified, the distances from all lot lines, off-street parking, buffers and the nature of the work to be performed. The Building Official or Zoning Official shall also require any site plan to include the following, where relevant:
a.
Zoning lines and overlay districts;
b.
Coastal features and wetlands;
c.
Grade elevations for the outermost four (4) corners of the foundation and a calculation of the average grade, for purposes of determining building height. Two permanent benchmarks shall be installed on the property within 200 feet of the proposed building or structure by a Rhode Island Registered Land Surveyor prior to any human activity or land disturbance for the purpose of determining building height. (See § 202, Definitions, "Building Height," "Grade Average" and "Grade, Natural.");
[Amended 3-5-2018 by Ord. No. 2018-06]
d.
Any other information deemed necessary to evaluate the permit or certificate request. The Building Official or Zoning Official may require any information on the site plan to be prepared and supplied by qualified professionals such as an engineer, surveyor, biologist or other appropriate professional;
2.
A certificate from the Department of Environmental Management stating that the water supply and sewage disposal facilities are satisfactory, or evidence of approvals and successful connection to municipal water supplies or sewer lines; and
3.
All approvals or variances granted by the Planning Board or the Zoning Board of Review as required by this Ordinance including any development plans, site plans, architectural plans, and/or engineering plans pertinent to such approvals.
C.
Review and Disposition. Within 15 days of receiving a complete application, the Building Official and/or Zoning Official shall determine whether the proposed development has received all approvals under and/or otherwise conforms to this Ordinance and any other pertinent law or regulation, and shall approve or deny the application accordingly, in writing. If the application is denied, the writing shall state the reasons for the denial and shall inform the applicant that the determination of the Building or Zoning Official may be appealed to the Zoning Board of Review, pursuant to § 709, Appeals of this Ordinance.
D.
Permit Placard. A true copy of the permit placard issued with the building permit shall be kept on site and available for public inspection during the course of construction and until completion. A true copy of the permit placard issued with the zoning certificate/certificate of use shall be kept on site and available for inspection by the Zoning Official.
E.
Permit Revocation/Expiration.
1.
Revocation. The Building Official shall revoke a building permit or zoning certificate if they find that the permit application contained misrepresentations of fact or if the parameters of the permit are violated by work or any activity that does not conform to the approved plans for which the permit or certificate has been issued.
2.
Expiration. Any permit issued shall become invalid unless the work authorized by it shall have been commenced within six months after its issuance, or if the work authorized by the permit is suspended or abandoned, for a period of six months after the time the work is commenced.
3.
Extension. The Building Official may grant an extension, for a period not exceeding 90 days, for cause. All extensions shall be in writing and signed by the Building Official.
F.
Records. The Building Official's office shall keep accurate records of all building permits issued, indicating plat/lot, new construction, additions or modifications, and building type. In addition, records are to be kept of all site visits with action taken and the time and issue date of all permits, certificates and stop orders. In the latter case, the Building Official shall record the conditions warranting a stop order by taking photographs and providing a written description of the nonconforming elements.
G.
Certificate of Occupancy/Zoning Certificate.
1.
The Building Official shall issue a certificate of occupancy and the Zoning Official a zoning certificate for any building, structure or land only if any use or construction thereon requiring a permit under this Section has been carried out in conformance with the requirements of such permit.
2.
The certificate of occupancy/zoning certificate shall state that the intended use, building, structure or lot conforms to the permit issued pursuant to this Section, and complies with or is legally nonconforming to the provisions of this Ordinance or is an authorized variance or modification therefrom.
§ 702 General Procedures.
[Amended May 2, 2001; October 6, 2008; August 20, 2014 by Ord. No. 2014-08; 10-7-2024 by Ord. No. 2024-19]
A.
Applicant's Participation Mandatory. At any hearing of the Town Council or any board or commission before which an application is pending, the applicant or the applicant's agent must appear and stand ready to answer questions regarding the proposal submitted. Failure to be present may be grounds for dismissal of an application without prejudice.
B.
Notice Requirements. All notices of a public hearing shall contain the name of the owner of the subject property, the Assessor's Plat and Lot number(s) of the subject property, the address and/or a description of the location of the subject property, and a description of the application upon which the Board is being asked to act. All costs of notification shall be borne by the applicant. Notification of a public hearing for a variance or for a special-use permit shall be as follows:
1.
The Zoning Board of Review (or the Planning Board in the case of a unified development review application submitted pursuant to § 713) shall give public notice of the hearing, at least 14 days prior to the date of the hearing, in a newspaper of local circulation in the Town.
2.
Notice of the public hearing shall be sent to the applicant, all property owners within 200 feet of all boundaries of the subject property and the owner of the subject property. The notice shall be sent by first class mail not less than 14 days before the public hearing. The notices shall be mailed by the applicant. The same notice shall be posted in the Town Clerk’s office and one other municipal building in the Town and the notice shall be accessible on the Town’s home page of the 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 newspaper and mailing notification shall be borne by the applicant.
C.
Submittal Requirements.
1.
Waiver of Requirement. Submittal Requirements for any application made under this Ordinance are the minimum requirements necessary for any application to be considered by the Town Council or any board or commission before which the application is pending. Any request to waive any submittal requirements shall be submitted in writing at the time the application is made, and shall include a statement of the reason for the request and of the relationship of that requirement to the application. Upon receipt of the application, the Town Council or the board or commission to which the application has been made shall consider any requests to waive any Submittal Requirements. If the Town Council or the Board or Commission before which the application is pending determines that such requirement(s) may be waived, waivers shall be supported by specific findings and conclusions, which shall be contained in the record as the basis for granting such waiver(s). If any waiver is not granted, the application shall be returned to the applicant and no further consideration of the application shall occur until all requirements have been fully met.
2.
Unless specifically indicated in the Submittal Requirements of a Section of this Ordinance, the applicant shall submit 12 copies of each item required for application. Copies of each item required for application, including the plans, shall be submitted on standard-size (8 1/2 x 11 or 11 x 17 inch) paper.
D.
Application After Denial. An application for a Variance or Special-Use Permit, once denied by the Zoning Board of Review, cannot be submitted again absent a showing of a change of material circumstances in the time intervening between the two applications.
E.
Fees. Fees for building and use permits, certificates of occupancy, and for all applications before the Town Council, the Planning Board, and the Zoning Board of Review shall be established by the Town Council and shall include, but not be limited to, the estimated cost of any publication and sending of notice. A schedule of fees shall be displayed in the Office of the Town Clerk.
F.
Pre-Application. One or more pre-application meetings shall be held for all major land development or subdivision applications. Pre-application meetings may be held for administrative and minor applications, upon request of either the municipality or the applicant.
1.
A pre-application conference is intended to allow the Town to:
a.
Acquaint the applicant with the Comprehensive Plan and any specific plans that apply to the parcel, as well as the Zoning and other Ordinances that affect the proposed development;
b.
Suggest improvements to the proposed design on the basis of a review of the sketch plan;
c.
Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and
d.
Help the applicant understand the steps to be taken to receive approval.
2.
Pre-application meetings allow the applicant to meet with appropriate officials, boards and/or commissions, planning staff, and, where appropriate, state agencies, for advice as to the required steps in the approvals process, the pertinent local plans, ordinances, regulations, rules and procedures and standards which may bear upon the proposed development project.
3.
At the pre-application stage the applicant may request the planning board or the technical review committee for an informal concept plan review for a development. The purpose of the concept plan review is also to provide planning board or technical review committee input in the formative stages of major subdivision and land development concept design.
4.
Applicants seeking a pre-application meeting or an informal concept review shall submit general, conceptual materials in advance of the meeting(s) as requested by municipal officials.
5.
Pre-application meetings aim to encourage information sharing and discussion of project concepts among the participants. Pre-application discussions are intended for the guidance of the applicant and are not considered approval of a project or its elements.
6.
Provided that at least one pre-application meeting has been held for major land development or subdivision application or 60 days has elapsed from the filing of the pre-application submission and no pre-application meeting has been scheduled to occur within those 60 days, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a land development or subdivision project in accordance with § 45-23-36.
7.
No determination made in the pre-application process shall be binding on any municipal boards and/or commission.
G.
Vested Rights. Upon formal acceptance by the Zoning Board of Review of a complete and properly submitted application for development, that application shall be protected. Any application considered by the Town under the protection of this Section shall be reviewed according to the regulations applicable in the Zoning Ordinance in force at the time the Zoning Board of Review accepted the complete and properly submitted application.
H.
Conditional Approvals. In granting a Variance or in making any determination upon which it is required to pass after a public hearing, the Zoning Board of Review may apply special conditions to that decision. These conditions may, in the opinion of the Board, be required to promote the intent and purposes of the Comprehensive Plan and the Zoning Ordinance. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. These special conditions shall be based on competent credible evidence on the record and shall be incorporated into the decision. Special conditions may include, but are not limited to, provisions for:
1.
Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;
2.
Controlling the sequence of development, including when it must be commenced and completed;
3.
Controlling the duration of use or development and the time within which any temporary structure must be removed;
4.
Assuring satisfactory installation and maintenance of required public improvements;
5.
Designating the exact location and nature of development; and
6.
Establishing detailed records by submission of drawings, maps, plats or specifications.
§ 703 Procedures for Special Use Permit.
[Amended 6-1-1998; December 4, 2000; February 2, 2004; 3-5-2018 by Ord. No. 2018-07; 2-21-2024 by Ord. No. 2024-04; 10-7-2024 by Ord. No. 2024-20; 10-16-2024 by Ord. No. 2024-22]
A.
Purpose. The purpose of Special Use Permit is to allow designated types of development only under certain conditions and to provide the Town scope for determining whether a given development proposal is compatible with the Town's planning objectives in light of standards designed to protect the natural, social and cultural environment of the Island as a whole and of various areas of the Island in particular.
B.
Review by Others. The Zoning Board of Review may submit the application to the Planning Board, the Conservation Commission, the Historic District Commission or any other Town board, commission or department or employee for their review and recommendation, which shall be submitted in writing to the Zoning Board of Review within 30 days of referral.
C.
Submittal Requirements. An application for a Special Use Permit, in addition to any other information that the Zoning Board of Review, or Planning Board under unified development review, may request, shall include the following, excepting that any one or more of these requirements may, on the written request of the applicant, be waived in its entirety or in part at the application acceptance stage by the permitting authority as being unnecessary or inappropriate.
1.
Other Properties Affected. A list of the names and addresses of all property owners within 200 feet of all property lines of the subject property.
2.
A copy of all Variance, Modification and/or Special Use Permit approvals attached to the property and all subdivision approvals, conditions, restrictions, and pertinent subdivision plans relating to the property.
3.
Composite Site Plan. The composite site plan shall be prepared by a registered civil engineer, registered land surveyor or registered landscape architect, shall be stamped and dated and shall show the following:
a.
Proposed and existing structures shall be indicated, including footprints of foundations, porches, decks, walkways, travel lanes, parking areas, with dimensions to property lines from structures, and overall building dimensions.
b.
Dimensional requirements, including street and lot lines, setback lines, building heights, and roof profiles.
c.
Where any land disturbance is proposed, environmental data shall include well and sewage disposal sites, as well as other wells and sewage disposal systems located within 400 feet of those proposed; areas of steep slope greater than 15% and lands by definition not developable; the edge of wetlands, water bodies, and any coastal features as defined by the Rhode Island Department of Environmental Management, DEM regulations and CRMC preliminary determinations; buffer zones and building setbacks from buffer zones as required by CRMC preliminary engineering and biological reports; and surface drainage showing parcel configuration and proposed filled land.
d.
Where any land disturbance is proposed, existing and proposed grades shall be shown at two foot intervals.
e.
There shall be indicated one or more benchmarks that can be used in the field to verify conditions.
4.
A statement from the Zoning Official that any Variances, Modifications or Special Use Permits necessary to develop the project as proposed have been applied for or secured.
5.
CRMC Engineering and Biological Reports. Submittals for projects within CRMC jurisdiction shall be accompanied by any required CRMC preliminary engineering and biological reports reflecting site inspection data, if such reports are obtainable.
6.
Utility and Disposal Plan. Written description and engineered plan indicating how all utility and disposal needs will be met, and documenting how the standards of § 501(A)(5) and (8) will be met.
7.
Architectural Plans for Any New Construction, or Exterior Alterations to Any Existing Structure. Plans, sections, and/or elevations at 1/4 inch or 1/8 inch equals one feet.
8.
Aerial Photos. If required by the Zoning Board of Review, the site shall be located on an aerial photograph, which aerial photograph will be provided by the Town.
9.
Economic Impact Report. For developments likely to employ 10 or more persons, an analysis demonstrating relationship of the proposal to the goals and objectives contained in the Economic Development element of the New Shoreham Comprehensive Plan, as most recently amended.
10.
Analysis of Toxic or Hazardous Materials Impacts. Analysis by a qualified environmental assessment professional demonstrating that the proposal is in compliance with the requirements of § 505, Uses Involving Toxic or Hazardous Materials. Such analysis shall be required of any proposal which requires the presence of any such materials.
11.
Natural Conditions Analysis. A natural conditions analysis of the site prepared by a registered or licensed professional and indicating at a scale of one inch equals 20 feet the soil, geologic, hydrologic, and vegetative conditions of the site, including a report from the R.I. Natural Heritage Program that the proposal will not have an adverse impact upon areas of critical environmental importance, such as habitats of species listed as endangered, threatened or of special concern.
12.
Landscape Plan. A landscape plan prepared by a registered landscape architect at a scale of one inch equals 20 feet. It shall indicate the relation of units to topography, the preservation of views, existing and proposed planting and grading, and shall demonstrate the integration of existing landscape features such as stone walls, old foundations, existing buildings, tree rows. A Landscape Plan shall be required for any land disturbing proposal for non-residential development.
13.
Open Space/Management Plan. An open space plan indicating agricultural, recreational and conservation uses of the site. A management plan indicating how all common or public lands will be maintained, used, and managed.
14.
Models. Site or building models are required in situations when extensive construction is proposed, when relationship to existing buildings is considered critical, when views of nearby buildings may be affected, when the bulk, configuration, or scale of proposed buildings is questioned or in other such situations as the Zoning Board may require unless waived by the Zoning Board. Models shall be simple in technique but accurate as to contours, detail and the following scales:
a.
Site Model: one inch equals 40 feet with five-foot contours;
b.
Building Model: 1/8 inches equals one feet or one inch equals 20 feet (the latter for any building complex).
15.
Traffic Analysis. Documentation that the traffic standards of § 501(A)(1) will be met.
16.
Auto Dependency. Narrative regarding how auto dependency standards of § 401(A)(7) will be met.
D.
Procedures. Special Use Permit application, review, and disposition shall be conducted by the permitting authority in accordance with the following:
1.
Application. An application for a Special Use Permit shall be submitted to the Zoning Board of Review on a form provided by the Board together with the appropriate filing fee. The Zoning Board of Review, unless unified development review is authorized, shall review applications so submitted at its next regularly scheduled meeting following submission. Applications must be received prior to the closing of the agenda in order to be scheduled for said meeting. Upon review of the application, the Board shall either accept the same as complete or return an incomplete application to the applicant with an explanation of the submission requirements not met.
2.
Requests for special use permits 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 per the provision of § 309 of the Land Development and Subdivision Regulations. All subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing, which shall meet the requirements of § 702B, Notice Requirements of this zoning ordinance.
3.
Referral to Planning Board. The Zoning Board of Review shall transmit copies of the complete special use permit materials to the Planning Board for its review and recommendations for those applications for special use permits that are not filed under unified development review.
a.
The Planning Board shall deliberate and make its recommendations at a meeting open to the public at which the public may present information pertinent to the application. Such open meeting shall be scheduled within 30 days of receipt of the complete application by the Planning Board.
b.
The Planning Board may continue consideration of the proposal for up to three months for the purpose of receiving additional information, or for revisions to the proposal to be made. In this case, the Planning Board shall notify the Zoning Board of Review of the continuation, and the Zoning Board of Review shall postpone the public hearing, as necessary, until receipt of the Planning Board's review.
c.
The Planning Board shall make its recommendations on the proposal in writing to the Zoning Board of Review within 15 days after completing its consideration. If it fails to submit its recommendation to the Zoning Board of Review within the time frame herein or in Subsection 2(b) above, the Zoning Board of Review may act without such recommendation.
4.
Public Hearing Required. Prior to disposition of an application for Special Use Permit by the permitting authority, a public hearing, duly noticed pursuant to § 702B, Notice Requirements, shall be held at which opportunity shall be given all interested persons to be heard on the proposed Special Use Permit.
5.
Review and Disposition. The Zoning Board of Review shall act upon all applications for Special Use Permit under their authority in accordance with the following:
a.
The Zoning Board of Review shall schedule a public hearing on the application within 60 days of receipt of same, and not longer than 90 days after acceptance of the application, unless it is advised that advisory review is continuing before the Planning Board. In that event, the Zoning Board shall schedule a public hearing following receipt of the findings and recommendations from the Planning Board.
b.
The public hearing may be held open for up to three months from the date of its commencement at the request of either the Zoning Board of Review or the applicant in order for additional information to be presented or for revisions to be made to the proposal.
c.
Within fifteen (15) days of the day the public hearing is closed, the Zoning Board of Review shall deliberate at a meeting open to the public as to whether the proposed development meets the standards set forth in Article 4 -Standards for Uses Requiring Special Use Permit and shall either approve, approve with conditions, or deny the application for Special Use Permit. The decision of the Zoning Board of Review shall be in writing and shall set forth the reasons for any condition imposed or for a denial.
E.
Conditions. In granting a Special Use Permit, the permitting authority may impose such additional conditions on the proposed development as it deems necessary to conform to the requirements of Article 4, Standards for Uses Requiring Special Use Permits, and Article 5, Performance Standards.
F.
Expiration of Special Use Permit Approval. Special Use Permit approval shall expire 12 months from the date of approval unless a building permit has been issued and construction has commenced and is being diligently pursued to completion.
G.
Dimensional Relief. The permitting authority may grant a dimensional variance, in conjunction with a special use permit, if the Special Use Permit could not exist without a dimensional variance. The permitting authority shall consider the Special Use Permit, and the dimensional variance together, to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards. This provision does not permit permitting authority to grant any variance or to waive, vary or modify any standard, including dimensional standards, which are specifically required under any particular special use identified in Article 4.
§ 704 Development Plan Review.
[Amended July 7, 1997; July 2, 2007; October 6, 2008; July 6, 2009; Section amended in entirety April 6, 2015 by Ord. No. 2015-03; 2-21-2024 by Ord. No. 2024-06]
A.
Development plan review established. There shall be development plan review for uses that are permitted by right under the zoning ordinance.
B.
Permitting authority. The permitting authority for Administrative Development Plan Review is the Administrative Officer. The permitting authority for Formal Development Plan Review is the Planning Board.
C.
Development Plan Review projects shall be consistent with those standards set forth in the Land Development and Subdivision Regulations.
D.
Waivers.
1.
The authorized permitting authority may waive requirements for Development Plan Review approval where there is a change in use or occupancy and no extensive construction of improvements is sought. The waiver may be granted only by a decision by the permitting authority finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of development plan approval, and that the existing facilities do not require upgraded or additional site improvements. The application for a waiver of development plan approval review shall include documentation, as required by the permitting authority, on prior use of the site, the proposed use, and its impact.
2.
The authorized permitting authority may grant waivers of design standards as set forth in the Land Development and Subdivision Regulations and this ordinance.
3.
An applicant shall not be required to obtain both land development and Development Plan Review, for the same project.
4.
Applications under this chapter which require relief which qualifies only as a modification under § 45-24-46 and local ordinances shall proceed by filing an application under this chapter and a request for a modification to the Zoning Official. If such modification is granted the application shall then proceed to be reviewed by the Administrative Officer pursuant to the applicable requirements of this section. If the modification is denied or an objection is received as set forth in § 45-24-46, such application shall proceed under Unified Development Plan Review pursuant to § 45-23-50.1.
5.
Applications under this section which require relief from the literal provisions of the zoning ordinance in the form of a variance or special use permit, shall be reviewed by the Planning Board under Unified Development Plan Review pursuant to § 45-23-50.1, and a request for review shall accompany the Preliminary Plan Application.
6.
Requests for relief from the literal requirements of the zoning ordinance and/or for the issuance of special use permits or use variances related to projects qualifying for Development Plan Review shall be submitted and reviewed under unified development review pursuant to § 45-23-50.1.
7.
Approval of Development Plan Review shall expire two (2) years from the date of approval unless, within that period, a plat or plan, in conformity with approval, and as defined in this act, is submitted for signature and recording as specified in § 45-23-64.
E.
Appeal. A denial of a Development Plan Review application shall be an appealable decision pursuant to R.I.G.L § 45-23-71.
§ 705 Modification Permits.
[Amended October 21, 2009; 5-3-2022 by Ord. No. 2022-04; 2-21-2024 by Ord. No. 2024-07]
A.
Purpose. Modification Permits are intended to offer an administrative application and review process for deviations from the literal dimensional requirements of this Ordinance in the case of construction, alteration, or structural modification of a structure or lot of record.
B.
Standards.
1.
A Modification may be granted pursuant to this Section, which allows a deviation of up to 25% from any yard requirements (front yard, side yard, rear yard) of any zoning district.
2.
Reserved.
3.
A Modification shall not permit moving of any lot line.
4.
Those lots that are subject to reduced dimensional requirements as nonconforming substandard lots are only eligible for a modification relief under this section to the extent that such relief is in excess of the proportional reduced requirements of this Ordinance. The amount of the dimensional modification able to be granted shall be calculated based on standard lot size for the district in which the subject lot is located.
C.
Procedure.
1.
Application. The applicant shall submit two copies of the application, including all plans, documentation and fees, to the Zoning Official, in accordance with the provisions of § 706B, Submittal Requirements.
2.
Review. Within 10 days of receipt of a complete application for a Modification, the Zoning 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;
d.
The Modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.
3.
Suitability and Notice. The Zoning Official shall notify the applicant, by regular, First Class mail, as to the decision of suitability of the requested Modification(s) based on the above determinations.
a.
For Modification requests of 5% or less the Zoning Official, upon affirmative determination may issue the Modification without any public notice. For applications of 5% or less, the Zoning Official may, in his or her discretion, give public notice pursuant to subsection b prior to the issuance of a modification permit.
b.
For Modification requests in excess of 5%, upon an affirmative determination, the Zoning Official shall provide written notice via first class mail to all property owners abutting the property which is the subject of the Modification.
(1)
Such mailed notice shall include the date of said notice, the name of the owner of record, and Assessor's Plat and Lot number(s) and the street address of the subject property.
(2)
Such notice shall include a description or copy of the Modification request which shall include the extent of modification requested and a description of the proposed structure, including its proposed use, which requires the Modification. The applicant shall also receive a copy of such notice.
(3)
Such notice shall indicate that the Modification will be granted unless written objection is received within 14 days of the notice date.
(4)
Such notice shall also be published in a newspaper of local circulation in the Town.
4.
Review and Disposition.
a.
If written objection is received within 14 days, the request for the Modification shall be scheduled for the next available hearing before the Zoning Board of Review on application for a dimensional variance. pursuant to § 706, Variance.
b.
If no written objections are received within 14 days, the Zoning Official shall grant the Modification request. In that case, the Modification Permit shall be issued to the applicant by certified mail, return receipt.
c.
In the case of a modification of 5% or less, the Zoning Official shall have the authority to issue a permit approving the modification, without any public notice requirements. The Modification permit shall be issued to the applicant by certified mail, return receipt.
5.
Conditions. The Zoning Official may apply special conditions to the Modification Permit as may, in the opinion of the Zoning Official, be required to conform to the intent and purposes of this Ordinance.
6.
Appeals from such conditions imposed by the Zoning Official may be made to the Zoning Board of Review pursuant to § 709, Appeals.
D.
Records. The Zoning Official shall keep public records of all requests for Modifications, and of findings, determinations, special conditions, and any objections received.
E.
Costs. All application fees and costs of notice shall be borne by the applicant requesting the Modification.
§ 706 Variance.
[Amended January 21, 2004; 3-5-2018 by Ord. No. 2018-08; 10-7-2024 by Ord. No. 2024-21]
A.
Purpose. A Variance is intended to relieve a property owner from undue hardship resulting from the literal enforcement of the provisions of this Ordinance.
B.
Submittal Requirements. An application for a Variance in addition to any information that the Zoning Board of Review may request, shall include the following:
1.
All applications for Variances shall be accompanied at the time of filing by a plot plan drawn to scale showing the location of all lot and street lines, existing and proposed structures, wetlands, easements, utilities, wells, and sewage disposal systems of property which is the subject of the application. All applications shall also be accompanied by a plat map showing lot and street lines and approximate locations of structures or premises adjacent to the property which is the subject of the application, and other information as may be required by the Board.
2.
The names and addresses of all property owners within 200 feet of all boundaries of the subject property and all others requiring notice under § 702(B), Notice Requirements.
3.
The specific provision of the Ordinance from which a Variance is being sought. This includes a reference to the specific section(s) of the Ordinance, as well as a description of the Variance(s) needed.
4.
The justification for the Variance in light of the standards set forth in this Section.
5.
A statement as to how the granting of the requested Variance will be consistent with the intent and purposes of this Ordinance and with the Comprehensive Plan.
C.
Procedures. Review of an application for a Variance shall be conducted by the Zoning Board of Review in accordance with the following:
1.
Application. An application for Variance shall be submitted to the Zoning Board of Review on forms provided by the Board, together with all submittal requirements set forth in this Section, and the appropriate application fee. The Zoning Board of Review shall review applications so submitted at its next regularly scheduled meeting following submission. Applications must be received prior to the closing of the agenda to be scheduled for said meeting. Upon review of the application materials, the Board shall either accept the application as complete or return an incomplete application to the applicant with an explanation of the submission requirements not met. No application may be determined to be complete until the minimal submission requirements described in Subsection B, Submittal Requirements, above shall have been submitted and until the appropriate filing fee has been paid.
2.
Referral. Immediately upon acceptance of a complete application for a Variance, the Zoning Board of Review shall forward a copy to the Planning Board and Planning Staff. The Planning Board and Planning Staff may, or, at the request of the Zoning Board of Review, 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. Any such findings and recommendations shall be submitted in writing to the Zoning Board of Review within 30 days of receipt of the application from the Zoning Board of Review.
3.
Public Hearing Required. Prior to disposition of an application for a Variance by the Zoning Board of Review a duly noticed public hearing shall be held at which opportunity shall be given to all interested persons to be heard on the proposed Variance. Notification of the public hearing shall be as required in § 702(B), Notice Requirements.
4.
Review and Disposition. The Zoning Board of Review shall act upon all applications for a Variance in accordance with the following:
a.
Within 35 days of acceptance of a complete application for Variance, the Zoning Board of Review shall schedule a public hearing on the application and within 55 days thereof, it shall hold the public hearing and shall receive all information presented by the applicant or agent or any property owner or agent pertinent to the proposed Variance and render a decision.
b.
The public hearing may be held open for up to two months from the date of its commencement at the request of either the Board or the applicant in order for additional information to be presented.
c.
Within 15 days of the day the public hearing is closed, the Zoning Board of Review shall deliberate at a meeting open to the public as to whether the proposed Variance meets the standards set forth in this Section and shall either approve, conditionally approve, or deny the proposed Variance.
d.
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 per the provision of § 309 of the Land Development and Subdivision Regulations. All subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing, which shall meet the requirements of § 702B, Notice Requirements of this zoning ordinance.
D.
Standards. A Variance shall be granted only if evidence of the following standards are entered into the record of the proceedings:
1.
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;
2.
The hardship sought to be avoided is not the result of any prior action by the applicant;
3.
The granting of the requested Variance will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the Comprehensive Plan upon which the Ordinance is based; and
E.
Additional Standards. In addition to the above standards, the Zoning Board of Review, or Planning Board under unified development review, shall 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 the Zoning Ordinance. Non-conforming 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, the applicant for relief must show, by evidence upon the record, that the hardship that will be suffered by the owner of the subject property, if the dimensional variance is not granted, amounts 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 Zoning Board of Review, or Planning Board under unified development review, has the power to grant dimensional variances where the use is permitted by special-use permit.
F.
Variances for Historical Restorations. If allowed by law, Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or in the State Inventory of Historic Places without regard to the procedures set forth in this Section.
G.
Expiration of Variance. A Variance shall expire after a maximum of 12 months from the date of approval unless a Building Permit has been issued and construction has begun and is being diligently pursued to completion.
§ 707 Enforcement.
[Amended 5-3-2022 by Ord. No. 2022-04; 8-16-2023 by Ord. No. 2023-06]
A.
Violations of the Ordinance. Any person who violates any of the provisions of this Ordinance or any condition or requirement of any action imposed by the Zoning Board of Review or any other agency pursuant to this Ordinance may be fined up to $500 for each violation. The penalty for the violation shall reasonably relate to the severity of the offense. Each day the violation continues shall be deemed a separate offense.
1.
Notice of Violation. Upon finding a violation, the Zoning Official (or their designee) shall serve notice by personal service or by certified mail addressed to the premises or the person committing or permitting the violation, or on the owner of the property as shown on the latest copy of the Town assessment rolls, indicating the nature of the violation and ordering the action necessary to correct it.
2.
Compliance Time. Such notice shall give a compliance date which shall establish the length of time reasonably required to so comply, subject to the following:
a.
The notice shall require compliance within no more than 30 days and not less than 10 days, except as provided in this Section below.
b.
Compliance may be ordered within 24 hours of notice of violation if it is determined that the violation constitutes an immediate hazard to public health or safety.
c.
Notice of the violation shall be posted in the Office of the Town Clerk and, upon failure to correct the violation by the compliance date, notice thereof shall be sent to the Chairman of the Planning Board, the Chairman of the Zoning Board of Review, and the Town Solicitor, and shall be recorded in the Land Evidence Records of the Town.
B.
Enforcement. Upon notification of any violation of the Ordinance which has not been corrected by the compliance date, the Town Solicitor may initiate legal proceedings to restrain the violation of, or compel compliance with, the provisions of this Zoning Ordinance. The Town may consolidate an action for injunctive relief and/or fines under the Ordinance in Superior Court.
§ 708 Amendments to the Ordinance.
[Amended 5-3-2022 by Ord. No. 2022-04; 10-7-2024 by Ord. No. 2024-19]
A.
General. For the purposes of promoting the public health, safety, morals and general welfare, the Town Council shall have the power to adopt, amend or repeal this Zoning Ordinance. This Ordinance shall be consistent with and shall provide for the implementation of the New Shoreham Comprehensive Community Plan.
B.
Submittal Requirements. An application to amend the Ordinance shall be accompanied by the following:
1.
Zone Change. When the proposed amendment includes a specific change in a zoning district map, but does not affect districts generally, the application shall include: a survey showing the parcel of land to be rezoned; the existing zone of the subject property and of all abutting properties; a current listing of the names and addresses of all owners of real property whose property is located in or within 200 feet of the perimeter of the area proposed for change; all appropriate fees, and; any other information or documentation necessary to demonstrate that the proposed amendment meets the needs of the Town and is consistent with the Comprehensive Plan and the intents and purposes of this Ordinance.
2.
Other Amendment. An application for an amendment other than a zone change shall include any information or documentation necessary to support the application or requested by the Town Council to demonstrate that the proposed amendment meets the needs of the Town and is consistent with the Comprehensive Plan and the intents and purposes of this Ordinance.
C.
Procedures. Submission, review and disposition of an application to amend the Ordinance shall be conducted as follows:
1.
Application. An application to amend the Ordinance, together with the appropriate filing fee, shall be submitted to the Town Clerk on a form adopted by the Town Council for such purpose.
2.
Planning Board Recommendation. Immediately upon receipt of the proposal, the Town Clerk shall transmit a copy of such proposal to the Town Council and to the Planning Board for study and recommendation. The Planning Board shall notify and seek the advice of the Planning Staff, and report to the Town Council within 45 days after receipt of the proposal giving its findings and recommendations. Where a proposal for adoption, amendment or repeal of a zoning ordinance or zoning map is made by the Planning Board, the requirements for study by the Board may be waived, provided that the proposal by the Planning Board include its findings and recommendations. Among its findings and recommendations to the Town Council with respect to a proposal for adoption, amendment or repeal of a zoning ordinance or zoning map, the Planning Board shall:
a.
Include a statement on the general consistency of the proposal with the Comprehensive Plan, including the goals and policies statement, the implementation program, and all other applicable elements of the Comprehensive Plan; and
b.
Include a demonstration of recognition and consideration of the applicable purposes of zoning, as represented in § 102, Purpose.
3.
Public Hearing Required. Prior to the disposition of an application to amend the Ordinance, and within 65 days of the receipt of the proposal, the Town Council shall hold a duly noticed public hearing at which opportunity shall be given to all interested persons to be heard on the proposed amendment.
4.
Notice and Hearing Requirements.
a.
General Notice Requirements. Notice of public hearing shall be given by the Town Clerk in a newspaper of local circulation in 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. The same notice shall be posted in the Town Clerk’s office and one other municipal building in the municipality and on the municipal home page of the website at least 14 days prior to the hearing. Written notice shall be mailed to the associate director of the Rhode Island Department of Administration, Division of Planning. The newspaper notice shall:
(1)
Specify the place of the hearing and the date and time of its commencement;
(2)
Indicate that adoption, amendment, or repeal of a zoning ordinance is under consideration;
(3)
Contain a statement of the proposed amendments to the Ordinance 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; and
(5)
State that the proposals shown thereon 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. Any alteration or amendment must be presented for comment in the course of the hearing.
b.
Specific Notice Requirements.
(1)
Where a proposed general amendment to the existing Ordinance includes changes in the existing zoning map, public notice shall be given as required in Subsection 4(a), General Notice Requirements, of this Section.
(2)
Where a proposed amendment to the existing Ordinance includes a specific change in a zoning district map, but does not affect districts generally, the hearing notice requirement cited above shall be supplemented by written notice of the date, time, place, nature and purpose of the hearing, to the owner of record, the applicant and to all owners of real property whose property is within the area of the proposed change and to owners whose property is within 200 feet of the perimeter of the real property proposed for change. Such notice shall also include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names. Such notice shall be sent by certified mail, return receipt requested, postage prepaid, to the last known address of the owners, as shown on the current real estate tax assessment records, and shall be sent at least 15 days prior to the date of the public hearing. Proof of mailing shall be established by the applicant's filing, prior to the commencement of the public hearing, an affidavit of such notice, including an affidavit that both the owner of the subject property and the applicant have also received a copy of such notice, and the receipts of mailing and return receipts.
(3)
Notice of public hearing shall be sent by first class mail to the chief executive body of the New Shoreham municipal water company.
c.
Costs of all newspaper and mailing notices requirements shall be borne by the applicant and shall be paid in advance, as may be required by the Clerk.
5.
Review and Disposition. The Town Council shall dispose of all applications to amend the Ordinance in accordance with the following:
a.
Within 65 days of receipt of the complete application to amend the Ordinance, the Town Council shall hold a public hearing on the application and shall receive all information presented by the applicant or agent or any property owner or agent or any other interested party, and pertinent to the proposed amendment.
b.
The public hearing may be held open for up to three months from the date of commencement at the request of either the Planning Board, the Town Council, or the applicant in order for additional information to be presented.
c.
Within 45 days after the date of completion of the public hearing, the Council shall deliberate at a meeting open to the public as to whether the proposed amendment meets the needs of the Town and is consistent with the Comprehensive Plan and the intent and purposes of the Ordinance, and shall either approve, conditionally approve or deny the proposed amendment. The decision of the Council shall be in writing.
d.
The provisions of this Subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant.
6.
Conditions of Approval. In granting a zoning ordinance amendment, the Town Council may limit the change to one of the permitted uses in the zoning district to which the subject land is rezoned, and impose such limitations, conditions, and restrictions as it deems necessary, including, without limitation:
a.
Requiring the petitioner to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning change;
b.
Those relating to the effectiveness or continued effectiveness of the zoning change; and/or
c.
Those relating to the use of the land.
D.
Recording the Decision.
1.
The Town Clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records. In the case of a conditional zone change, however, the limitations, restrictions, and conditions shall not be noted on the zoning map until the zone change has become effective. If the permitted use for which the land has been rezoned is abandoned, or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the Town Council may, after a public hearing as set forth in Subsection C, Procedures, above, change the land to its original zoning use before the petition was filed. If any limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the Ordinance to be invalid.
2.
The Town Clerk shall also notify the Zoning Official, Planning Staff and other Town boards and officials of the disposition of any application to amend this Ordinance.
3.
Upon publication of the Zoning Ordinance and map(s), and any amendments thereto, the Town Clerk shall send a copy, without charge, to the Associate Director of the RI Department of Administration, Division of Planning, and to the RI State Law Library.
§ 709 Appeals.
A.
Appeals to the Zoning Board of Review. As required by Rhode Island law, an appeal shall stay all proceedings in furtherance of the action being appealed from unless the official, officer or agency from whom the appeal is taken certifies to the Zoning Board of Review, after an appeal has been duly filed, that by reason of facts stated in the certificate a stay would, in the official's, 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 thereof and upon notice to the official, officer or agency from whom the appeal is taken on due cause shown.
1.
Appeal. Appeals to the Zoning Board of Review may be taken by any party aggrieved by any decision of any official, officer or agency charged in this Ordinance with the enforcement of any of its provisions.
2.
Procedure. All appeals to the Zoning Board of Review shall be made in accordance with the following procedure:
a.
Time for an Appeal. An appeal shall be brought within twenty (20) days of the date the appellant received the decision or the date on which the appellant knew or should have known of the decision.
[Amended 3-5-2018 by Ord. No. 2018-09]
b.
Submittal Requirements. An appeal shall be instituted by filing a notice of appeal which, at a minimum shall: identify the specific decision appealed from including the date of the decision, and shall include a copy of the decision; explain the applicant's standing to bring the appeal; describe the specific grounds for the appeal including a detailed explanation of the reason why the decision was in error; include a reference to the governing provisions of the Ordinance; include any plans, documents, reports or information supporting the appeal; include a radius map and list of the names and addresses of all property owners within 200 feet of all the property lines of the subject property.
c.
Filing of a Notice of Appeal. A notice of appeal, with all the material constituting the appeal, shall be filed with the officer, official or agency from whom the appeal is taken and with the Zoning Board of Review.
d.
Filing Fee. The filing fee for a notice of appeal shall be that set by the Town Council hereunder for any other application but shall include an additional fee sufficient to cover the cost of the required certified mail notices and the time incurred in mailing said notices.
e.
Transmission of the Record. The officer or agency whose decision is being appealed shall immediately forward all records relevant to the appeal to the Zoning Board of Review.
f.
Public Hearing. A public hearing on the appeal shall be scheduled by the clerk, or Zoning Official, for the very next scheduled meeting of the Zoning Board of Review for which the public notice requirements of § 702B Notice Requirements can be met.
g.
Notice. Notice of the public hearing, as required by law and as set forth in § 702(B)(2) and (3) of this Ordinance shall be sent by the clerk of the Zoning Board, or Zoning Official.
3.
Review and Disposition. The Zoning Board of Review may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or partly, and may modify the order, requirement, decision, or determination appealed from. The Zoning Board of Review may make such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken. Decisions of the Zoning Board of Review on appeals shall be rendered within 65 days of the date the appeal was filed.
[Amended 3-5-2018 by Ord. No. 2018-09]
4.
Decisions and Records. All decisions and records shall be rendered and maintained in accordance with Section 603(C). (Section Amended May 4, 1998)
[Amended 3-5-2018 by Ord. No. 2018-09]
§ 710 Fees.
A.
Application fees, advertising and notice fees and other fees, costs or expenses necessary in connection with the procedures set forth in this Ordinance, shall be borne by the applicant. Application fees shall be as established by the Town Council and published in the office of the Town Clerk.
B.
Upon the filing of any appeal, the applicant/appellant shall be responsible for the costs of the preparation of any necessary hearing transcript. The appellant shall either order the transcript directly from the transcriber and submit the original to the Town or deposit with the Town the estimated cost of the transcript and be billed any balance. (Section Amended May 2, 2001)
§ 711 Demolition Review.
[Amended 5-3-2022 by Ord. No. 2022-04]
A.
Purpose. The purpose of these provisions is to provide a process for review of alternatives to demolition of buildings or structures that importantly contribute to the historic resources of New Shoreham, to create an incentive for the reuse of existing structures, and to reduce the quantity of demolition debris generated on the Island.
B.
Applicability. The Demolition Review provisions shall apply to all buildings and exterior elements thereof.
C.
Procedure.
1.
A permit may be issued by the Building Official for demolition of any building or structure to which these provisions apply only if he has determined, based upon his own examination and his review of evidence provided by the applicant and by any engineers or experts that the applicant may retain that:
a.
The condition of the building or structure poses a serious and imminent threat to the public health and safety, and that there is no economically feasible alternative to the immediate demolition of the building or structure, or
b.
Said building or structure is clearly devoid of reuse potential due to its existing condition or to physical barriers to moving the structure such as significant trees or topography, or
c.
The demolition delay period set forth in § 711(C)(5) below has expired.
2.
For these purposes, "demolition" includes razing, removing from the site, or substantial destruction through removal of a roof (but not re-roofing), removal of one or more sides of a building (but not re-siding), or other combination of actions resulting in removal of more than 25% of the structural exterior of a building or structure.
3.
Applicants for approval of demolition shall submit the following information to the Building Official:
a.
A description of the proposed plans for demolition and the reason(s) therefore.
b.
In the case of partial demolition involving additions or alterations, proposed plans and elevations for the affected portion of the building or structure.
c.
In the case of complete razing or demolition, a description of efforts, if any, to implement an alternative to demolition, including any efforts to locate a purchaser of the building or structure who is willing to preserve, rehabilitate, or restore the building or structure.
4.
Within 20 days of receipt of the required submittals the Building Official shall issue to the applicant a notice of determination regarding whether immediate demolition is necessary per § 711(C)(1)(a) or whether the building or structure is clearly devoid of reuse potential per § 711(C)(1)(b). If the Building Official determines that the demolition may then proceed or if more than the allowable time for his or her decision under § 711(C)(4) elapses, a permit for demolition may be issued in accordance with applicable law.
5.
If the Building Official determines that immediate demolition is not required and that the structure has reuse potential a public notice shall be provided in a local newspaper at the expense of the applicant inviting letters of interest regarding the availability of a building or structure which is to be moved from the present location. Such notice shall include a description of the property and a way to contact the owner or owner's agent. Demolition may proceed if either:
a.
Thirty days elapse from the date of publication without receipt of one or more letters found by the Building Official to be bona fide expressions of interest; or
b.
More than 60 days elapse from the date of publication without a written agreement having been executed between the owner of the building or structure and a party seeking to acquire it for restoration or relocation.
D.
Interim Arrangements. Where a written agreement has been executed as provided at § 711(C)(5)(b) with security satisfactory to the Building Official assuring removal or, failing that, demolition of the building or structure, that building or structure may be temporarily relocated and may remain on the premises for up to six months, during which period permitting and new construction may proceed on the premises without that building or structure being reflected in determinations made regarding zoning compliance. In such cases, no final certificate of occupancy shall be issued while the building proposed for removal or demolition remains on the site.
E.
Enforcement. Demolition of a building or structure without first obtaining and complying fully with the determinations of the Building Official under § 711 shall be subject to enforcement action as provided at § 707, Enforcement. The period of violation shall begin as provided at § 707(A)(2) and shall not end until restoration or compensatory provisions have been made to the satisfaction of the Building Official. Further, no building permit for new construction on the premises shall be issued for a period of two years following the date of the unauthorized demolition."
§ 712 Comprehensive Permits for Low and Moderate Income Housing.
[Added March 5, 2007; amended February 20, 2013 by Ord. No. 2013-03; 11-18-2024 by Ord. No. 2024-23B]
A.
Authority. Pursuant to Title 45, Chapter 53 of the Rhode Island General Laws, as amended the Low and Moderate Income Housing Act, the New Shoreham Planning Board shall have the authority to issue a comprehensive permit for low and moderate income housing.
B.
Definitions. The following words or phrases shall have the following meaning when used in this Section:
1.
Adjustments, means a request, or requests by the applicant to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the Land Development and Subdivision Regulations. The standard for the local review board's consideration of adjustments is set forth in RIGL § 45-53-4(d)(2)(iii)(E)(II).
2.
Approved affordable housing plan means an affordable housing plan that has been approved by the director of administration as meeting the guidelines for the local comprehensive plan as promulgated by the state planning council; provided, however, that state review and approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2-8, § 45-22.2-9, or § 45-22.2-12.
3.
Consistent with local needs means reasonable in view of the State need for low- and moderate-income housing considered with the number of low-income persons in New Shoreham affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of New Shoreham, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are consistent with local needs when imposed by the New Shoreham Town Council after a comprehensive hearing in the town where:
a.
Low- or moderate-income housing exists which is: (A) In the case of an urban city or town which has at least 5,000 occupied year-round rental units and the units, as reported in the latest decennial census of the city or town, comprise 25% or more of the year-round housing units, and is in excess of 15% of the total occupied year-round rental units; or (B) In the case of all other cities or towns, is in excess of 10% of the year-round housing units reported in the census.
b.
New Shoreham has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan that has been adopted and approved pursuant to Chapters 22.2 and 22.3 of the Rhode Island General Laws, and the housing element of the comprehensive plan provides for low- and moderate-income housing in excess of either 10% of the year-round housing units or 15% of the occupied year-round rental housing units as provided in subsection (5)(i).
c.
Multi-family rental units built under a comprehensive permit may be calculated towards meeting the requirements of New Shoreham's low- or moderate-income housing inventory, as long as the units meet and are in compliance with the provisions of Rhode Island General Law § 45-53-3.1.
4.
Letter of eligibility means a letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with 1956, Rhode Island General Law § 42-55-5.3(a).
5.
Local review board means the Planning Board as defined in Rhode Island General Law § 45-22.2-4.
6.
Low or moderate income housing shall be synonymous with "affordable housing" as defined in Rhode Island General Law § 42-128-8.1, and further means any housing, whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of affordable housing, and that will remain affordable through a land lease and/or deed restriction for 99 years or such other period agreed to by the applicant and the town, or prescribed by the federal, state, or municipal government subsidy program, but that is not less than 30 years from initial occupancy.
7.
Meeting local housing needs means as a result of the adoption of the implementation program of an approved affordable housing plan, the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan, and showing that at least 20% of the total residential units approved by a local review board or any other municipal board in a calendar year are for low- and moderate-income housing as defined in Rhode Island General Law § 42-128-8.1.
8.
Municipal government subsidy means assistance that is made available through a city or town program sufficient to make housing affordable, as affordable housing is defined in Rhode Island General Law § 42-128-8.1(d)(1); such assistance shall include a combination of, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, zoning incentives, and adjustments as defined and any combination of forms of assistance.
C.
Applicability and eligibility.
1.
An applicant proposing to build low- or moderate-income housing may submit to the Planning Board a single application for a Comprehensive Permit to build that housing, in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least 25% of the housing is low- or moderate-income housing.
2.
For-profit developers — limits. Notwithstanding the foregoing, and in accordance with RIGL § 45-53-4(d)(10), the Town Council hereby limits the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of 1% of the total number of year-round housing units in the Town, as recognized in the affordable housing plan, and notwithstanding the timetables set elsewhere in state law or this ordinance the Planning Board shall consider comprehensive permit applications from for-profit developers sequentially in the order in which they are submitted.
D.
Municipal Government Subsidies including adjustments and zoning incentives are available to applications under state law to offset the differential costs of the low- or moderate-income housing units in a development. The following municipal subsidies shall be provided for projects under this chapter:
1.
Density bonus. The Town shall provide an applicant with more dwelling units than allowed by right under the zoning ordinance in the form of a density bonus to allow an increase in the allowed dwelling units per acre (DU/A), as well as other incentives and municipal government subsidies as defined in § 45-53-3. Furthermore, the Town shall provide, at a minimum, the following density bonuses for projects submitted under this section provided that the total land utilized in the density calculation shall exclude wetlands, wetland buffers, area devoted to infrastructure necessary for development, and easements or rights of way of record:
a.
For properties connected to public water and sewer, or eligible to be connected to public water and sewer, based on written confirmation from each respective service provider the density bonus for a project that provides at least 25% low- and moderate-income housing shall be at least five units per acre;
b.
For properties connected to public sewer and water, or eligible to be connected to public sewer and water based on written confirmation from each respective service provider, the density bonus for a project that provides at least 50% low- and moderate-income housing shall be at least nine units per acre. For properties connected to public sewer and water, or eligible to be connected to public sewer and water based on written confirmation from each respective service provider, the density bonus for a project that provides 100% low- and moderate-income housing shall be at least 12 units per acre;
c.
For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment system facilities to service the dwelling units from the applicable state agency the density bonus for a project that provides at least 25% low- and moderate-income housing shall be at least three units per acre;
d.
For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the density bonus for a project that provides at least 50% low- and moderate-income housing shall be at least five units per acre;
e.
For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the density bonus for a project that provides 100% low- and moderate-income housing shall be at least eight units per acre;
2.
Parking. The Town shall not require more than one off-street parking space per dwelling unit for units up to and including two bedrooms in applications submitted under this section.
3.
Bedrooms. The Town shall not limit the number of bedrooms for applications submitted under this section to anything less than three bedrooms per dwelling unit for single-family dwelling units.
4.
Floor area. The Town shall not utilize floor area requirements to limit any application, except as provided by § 45-24.3-11.
E.
Application procedure. The application and review process for a comprehensive permit shall be as follows:
1.
Pre-application conference. A municipality may require an applicant proposing a project under this chapter to complete, or the applicant proposing a project under this chapter may request a pre-application conference with the local review board, the Technical Review Committee established pursuant to § 45-23-56, or with the Administrative Officer for the local review board as appropriate.
a.
In advance of the pre-application conference, the applicant shall submit only a short written description of the project in writing including the number of units, type of housing, density analysis, preliminary list of adjustments needed, as well as a location map, and a conceptual site plan. The purpose of the pre-application meeting conference shall be to review a concept plan of the proposed development and to elicit feedback from the reviewing person or board.
b.
Upon receipt of a request by an applicant for a pre-application conference, the municipality shall have 30 days to schedule and hold the pre-application conference, unless a different timeframe is agreed to by the applicant in writing.
c.
If 30 days has elapsed from the filing of the pre-application submission, and no pre-application conference has taken place, nothing shall be deemed to preclude the applicant from thereafter filing and proceeding with an application for preliminary plan review for a comprehensive permit.
2.
Preliminary plan review.
a.
Submission requirements. Applications for preliminary plan under this section shall include:
(1)
A letter of eligibility issued by the Rhode Island Housing Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy; and
(2)
A letter signed by the authorized representative of the applicant, setting forth the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking adjustments; and
(3)
A proposed timetable for the commencement of construction and completion of the project; and
(4)
Those items required by local regulations promulgated pursuant to applicable state law, with the exception of evidence of state or federal permits; and for comprehensive permit applications included in the checklist for the preliminary plan review in the local regulations promulgated pursuant to Chapter 23 of this title; and
(5)
Notwithstanding the submission requirements set forth above, the local review board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and or state permits, and advice from other local boards and officials.
b.
Certification of completeness. The preliminary plan application must be certified complete or incomplete by the Administrative Officer according to the provisions of the Rhode Island General Laws § 45-23-36, provided, however, that the certificate shall be granted within 25 days of submission of an application by the Administrative Officer. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the Administrative Officer and will recommence upon the resubmission of a correct application by the applicant. However, in no event will the Administrative Officer be required to certify a corrected submission as complete or incomplete less than 10 days after its resubmission. If the Administrative Officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.
c.
Review of applications. An application filed in accordance with this section shall be reviewed in accordance with the following provisions:
(1)
Public hearing. A public hearing shall be noticed and held as soon as practicable after the issuance of a certificate of completeness.
(2)
Notice. Public notice for the public hearing will be the same notice required under local regulations for a public hearing for a master plan promulgated in accordance with Rhode Island General Law § 45-23-42. The cost of notice shall be paid by the applicant.
(3)
Timeframe for review. The local review board shall render a decision on the preliminary plan application within 90 days of the date the application is certified complete, or within a further amount of time that may be consented to by the applicant through the submission of written consent.
(4)
Failure to act. Failure of the planning board to act within the prescribed period constitutes approval of the preliminary plan and a certificate of the Administrative Officer as to the failure of the local review board to act within the required time and the resulting approval shall be issued on request of the applicant. Further, if the public hearing is not convened or a decision is not rendered within the time allowed as identified in the Land Development and Subdivision Regulations the application is deemed to have allowed and the preliminary plan approval shall be issued immediately.
(5)
Required findings for approval. In approving a preliminary plan application for a comprehensive permit, the local review board shall make positive findings, supported by legally competent evidence on the record that discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:
(a)
The proposed development is consistent with local needs as identified in the local comprehensive plan with particular emphasis on the community's affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.
(b)
The proposed development is in compliance with the standards and provisions of the municipality's zoning ordinance and Land Development and Subdivision Regulations, and/or where adjustments are requested by the applicant, that local concerns that have been affected by the relief granted do not outweigh the state and local need for low- and moderate-income housing.
(c)
All low- and moderate-income housing units proposed are integrated throughout the development; are compatible in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.
(d)
There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical, or cultural features that contribute to the attractiveness of the community.
(e)
All proposed land development and all subdivision lots will have adequate and permanent physical access to a public street in accordance with the requirements of the Land Development and Subdivision Regulations.
(f)
The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.
(6)
Required findings for denial. In reviewing the comprehensive permit request, the local review board may deny the request for any of the following reasons:
(a)
If the city or town has an approved affordable housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing plan; provided that, the local review board also finds that the municipality has made significant progress in implementing the housing plan;
(b)
The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and/or local zoning ordinance and procedures promulgated in conformance with the comprehensive plan;
(c)
The proposal is not in conformance with the comprehensive plan;
(d)
The community has met or has plans to meet the goal of 10% of the year-round units or, in the case of an urban town or city, 15% of the occupied rental housing units as defined in § 45-53-3(5)(i) being low- and moderate-income housing; provided that, the local review board also finds that the community has achieved or has made significant progress towards meeting the goals required by this section; or
(e)
Concerns for the environment and the health and safety of current residents have not been adequately addressed.
d.
Vesting. The approved preliminary plan is vested for a period of two years with the right to extend for two, one-year extension upon written request by the applicant, who must appear before the Planning Board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the local review board. The vesting for the preliminary plan approval includes all ordinance provisions and regulations at the time of the approval, general and specific conditions shown on the approved preliminary plan drawings and support material.
3.
Final plan. The second and final stage of review for the comprehensive permit project shall be done administratively, unless an applicant has requested and been granted any waivers from the submission of checklist items for preliminary plan review, and then, at the local review board's discretion, it may vote to require the applicant to return for final plan review and approval.
a.
Submission requirements. Applications for final plan review under this chapter shall include:
(1)
All required state and federal permits must be obtained prior to the final plan approval or the issuance of a building permit; and
(2)
A draft monitoring agreement which identifies an approved entity that will monitor the long-term affordability of the low- and moderate-income units pursuant to Rhode Island General Law § 45-53-3.2; and
(3)
A sample land lease or deed restriction with affordability liens that will restrict use as low- and moderate-income housing in conformance with the guidelines of the agency providing the subsidy for the low- and moderate-income housing, but for a period of not less than 30 years; and
(4)
Those items required by local regulations promulgated pursuant to applicable state law included in the checklist for final plan review in the local regulations promulgated pursuant to Chapter 23 of this title, including, but not limited to:
(a)
Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees; and
(b)
Certification by the tax collector that all property taxes are current; and
(c)
For phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.
b.
Certificate of completeness. The final plan application must be certified complete or incomplete by the Administrative Officer according to the provisions of the Land Development and Subdivision Regulations; provided however, that, the certificate shall be granted within 25 days of submission of the application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the Administrative Officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the Administrative Officer be required to certify a corrected submission as complete or incomplete less than 10 days after its resubmission. If the Administrative Officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.
c.
Review of applications.
(1)
Timeframe for review. The reviewing authority shall render a decision on the final plan application within 45 days of the date the application is certified complete.
(2)
Modifications and changes to plans.
(a)
Minor changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved administratively, by the Administrative Officer, whereupon final plan approval may be issued. The changes may be authorized without additional public hearings, at the discretion of the Administrative Officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting a recommendation from either the Technical Review Committee or the local review board. Denial of the proposed change(s) shall be referred to the local review board for review as a major change.
(b)
Major changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved only by the local review board and must follow the same review and public hearing procedures.
d.
Decision on final plan. An application filed in accordance with this article shall be approved by the Administrative Officer unless such application does not satisfy conditions set forth in the preliminary plan approval decision or such application does not have the requisite state and/or federal approval or other required submissions, does not post the required improvement bonds, or such application is a major modification of the plans approved at preliminary plan.
e.
Failure to act. Failure of the reviewing authority to act within the prescribed period constitutes approval of the final plan and a certificate of the Administrative Officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.
f.
Vesting. The approved final plan is vested for a period of two years with the right to extend for one one-year extension upon written request by the applicant, who must appear before the Planning Board for the extension request. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the local review board.
4.
Infeasibility of conditions of approval. The burden is on the applicant to show, by competent evidence before the local review board, that proposed conditions of approval are infeasible, as defined in R.I. Gen. Laws § 45-53-3. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.
5.
Fees. Municipalities may impose fees on comprehensive permit applications that are consistent with but do not exceed fees that would otherwise be assessed for a project of the same scope and type, but not proceeding under this chapter; provided, however, the imposition of such fees shall not preclude a showing by an applicant that the fees make the project financially infeasible.
6.
Recording of written decisions. All written decisions on applications under this chapter shall be recorded in the land evidence records within 20 days after the local review board's vote or the administrative officer's decision, as applicable. A copy of the recorded decision shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the administrative officer.
7.
Local review board powers. The local review board has the same power to issue permits or approvals that any local board or official who would otherwise act with respect to the application, including, but not limited to, the power to attach to the permit or approval, conditions, and requirements with respect to height, site plan, size or shape, or building materials, as are consistent with the terms of this section.
8.
Majority vote required. All local review board decisions on comprehensive permits shall be by majority vote of the members present at the proceeding.
9.
Construction timetable. A comprehensive permit shall expire unless construction is started within 12 months and completed within 60 months of the recording of the final plan unless a longer and/or phased period for development is agreed to by the local review board and the applicant. Low- and moderate-income housing units shall be built and occupied prior to, or simultaneous with the construction and occupancy of market rate units.
10.
For-profit developers - Limits. A town with an approved affordable housing plan and that is meeting local housing needs, as defined in this chapter, may by council action limit the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of 1% of the total number of year-round housing units in the town, as recognized in the affordable housing plan and notwithstanding the timetables set forth elsewhere in this section, the local review board shall have the authority to consider comprehensive permit applications from for-profit developers, which are made pursuant to this paragraph, sequentially in the order in which they are submitted.
§ 713 Unified Development Review.
[Added 2-21-2024 by Ord. No. 2024-08]
A.
Unified development review established. Review and decision on the issuance of variances and special use permits for properties undergoing Development Plan Review and/or Major or Minor Land Development or Subdivision review shall be conducted and decided by the Planning Board.
B.
Under unified development plan review, the Planning Board, has the authority to grant, grant with conditions, or deny zoning relief;
C.
The filing, review, and approval of applications, as well as the review of variances and special-use permits submitted under this section shall adhere to the procedures set forth in the subdivision regulations. In addition to any development plan review and/or minor o major land development or subdivision application materials, an application for a project under this section shall also file specific requests for relief from the literal requirements of a zoning ordinance, and/or for the issuance of special-use permit(s).
D.
Public hearing. All applications heard under unified development review, shall require a public hearing that meets the requirements as determined in the Land Development and Subdivision Regulations.
E.
The time periods by which the planning board must approve or deny applications for variances and special use permits under unified development review shall be the same as the time periods by which the board must make a decision on the applicable review stage of the category of project under review.
F.
The expiration periods of an approval of a variance or special use permit granted under this section shall be the same as those set forth in the statute for the underlying type of project under review.
§ 714 Land Development Projects.
[Added 2-21-2024 by Ord. No. 2024-08]
A.
Land development projects shall be reviewed in accordance with Rhode Island General Law and the procedures established in the Land Development and Subdivision Regulations.
B.
No land development project shall be initiated until a plan of the project has been submitted and approval has been granted by the authorized permitting authority.
C.
In reviewing, hearing, and deciding upon a land development project, the Planning Board is authorized to allow for zoning incentives within the project that include:
1.
The adjustment of applicable lot density and dimensional standards where open space is to be permanently set aside for public or common use,
2.
Where the physical characteristics, location, or size of the site require an adjustment,
3.
Where the location, size, and type of housing, commercial, industrial, or other use require an adjustment,
4.
Where housing for low- and moderate-income families is to be provided,
5.
Where other amenities not ordinarily required are provided, as stipulated in the zoning ordinance,
6.
Provision may be made for adjustment of applicable lot density and dimensional standards for payment or donation of other land or facilities in lieu of an on-site provision of an amenity that would, if provided on-site, enable an adjustment.
D.
In reviewing, hearing and deciding upon a land development project, the permitting authority is empowered to apply any special conditions and stipulations to the approval that may, in the opinion of the authorized permitting authority, be required to maintain harmony with neighboring uses and promote the objectives and purposes of the comprehensive plan and zoning ordinance.