A.

It is the intent of this zoning code that all matters arising in connection with the enforcement or interpretation of this zoning code, except as otherwise expressly provided herein, shall be first presented to the zoning officer; and that such matters or actions shall be presented to the zoning board of review only on appeal from the decision of the zoning officer or a decision of the planning board, where applicable. Recourse from the decisions of the zoning board of review shall be taken to the superior court of Newport County.

B.

The zoning officer's responsibilities shall include:

1.

Issuing zoning certificates and zoning permits;

2.

Reviewing and approving building permits for zoning compliance;

3.

Collecting required fees for applications for signs, variances, special use permits, and to the historic district commission;

4.

Receiving and reviewing for proper form, all applications for variances, appeals and special use permits;

5.

Transmitting all applications to required agencies for comments/approval;

6.

Keeping records on compliance of uses of land;

7.

Inspecting suspected violations and issuing violation notices;

8.

Authorizing commencement of uses or development under the provisions of this zoning code;

9.

Collecting fines for violations;

10.

Maintaining and updating the text and zoning map comprising this zoning code; changes which impact the zoning map shall be depicted on the map within ninety (90) days of the authorized changes;

11.

Reviewing the zoning code at reasonable intervals; and whenever changes are made to the comprehensive plan, identifying any changes necessary to the zoning code and forwarding such changes to the city council;

12.

Upon written request, the zoning officer shall, in order to provide guidance or clarification, make a determination on issues of compliance, applicability, interpretation and completeness as pertaining to the application within fifteen (15) days of receipt of request. In the event that no determination is provided within such time, the requesting party shall have the right to appeal to the zoning board of review for such determination.

C.

Minimum qualifications: graduation from a recognized college or university with a bachelor's degree in planning or a closely related field and three years of experience in a position requiring office administration, review of site plans, and interpretation of zoning regulations; or a master's degree in city or regional planning or a closely related field, and one year of the specified experience; or eight years of a combination of planning experience and training which provides the abilities, knowledge and skills specified.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1266.020)

This zoning code shall be enforced by the zoning officer who shall perform under the direction of the director of planning, zoning, development and inspections. The zoning officer is authorized to cause any building structure, premises or use to be inspected or examined and to order, in writing, remedying of any condition found to exist therein or thereon in violation of any of the provisions of this zoning code. It shall be the duty of the city solicitor, whenever a violation or contemplated violation of any of the provisions of this zoning code is brought to his or her attention, to institute due legal proceedings to compel compliance or to restrain the erection alteration or use of any building structure or other thing erected, altered or used in violation of any of the provisions of this zoning code.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1266.012)

There shall be a zoning board of review consisting of five members and at least two or up to four alternate members designated as each respective alternate, as provided by Title 45-24-56 of the General Laws each of whom shall be elected by council, pursuant to Section 4-5 of the City Charter, for a term of five years. The alternate members shall sit and may actively participate in hearings. The first alternate member shall vote if a member of the zoning board of review is unable to serve at a hearing, the second alternate member shall vote if two members of the zoning board of review are unable to serve at a hearing; if there is a third alternate, such alternate shall vote if three members of the board are unable to serve at a hearing; and if there is a fourth alternate, such alternate shall vote if four members of the board are unable to serve at a hearing. In the absence of an alternate member or members, the next numbered alternate member or members shall serve in the position of that alternate or alternates. No member or alternate member of the zoning board of review may vote on any matter before the zoning board of review unless they have attended all hearings concerning that matter. If a vacancy occurs on the zoning board of review for any cause, the city council shall appoint a member to such zoning board of review to fill the vacancy for the remainder of the term. The members of such zoning board of review may be removed by the city council for such cause as is deemed sufficient and as is expressed in the order of removal. City council shall designate a member of such zoning board of review to be the chairman. The zoning board of review shall appoint a secretary and such clerical assistants as the city council may by ordinance or resolution provide. The secretary and clerk shall hold office at the pleasure of the zoning board of review.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1266.021)

(Ord. No. 2023-4, § 1, 3-8-2023; Ord. No. 2025-27, § 1, 3-26-2025)

A.

The zoning board of review shall have the following powers and duties:

1.

To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by the zoning officer or the planning board in the enforcement or interpretation of this zoning code, or of any zoning code adopted pursuant hereto;

2.

To hear and decide appeals from a party aggrieved by a decision of the historic district commission;

3.

To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning code;

4.

To authorize, upon application, in specific cases, special use permits;

5.

To refer matters to the planning board or to other boards and commissions of the city of Newport as the zoning board of review may deem appropriate, for findings and recommendations;

6.

To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within one year of the conditional zoning approval;

7.

To hear and decide other matters, according to the terms of this zoning code and upon which the zoning board of review may be authorized to pass under this zoning code.

B.

The zoning board of review shall be required to vote as follows for petitions filed prior to January 1, 2023:

1.

Five members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself, shall not sit as member, and take no part in the conduct of the hearing. Only five members shall be entitled to vote on any issue;

2.

The concurring vote of three of the five members of the zoning board of review sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of the zoning officer from whom an appeal was taken; and

3.

The concurring vote of four of the five members of the zoning board of review sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the zoning board of review upon which it is required to pass under the zoning code, including variances and special use permits.

C.

The zoning board of review shall be required to vote as follows for petitions filed after January 1, 2023:

1.

Four active members, which may include alternates, are necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself, shall not sit as a member, and take no part in the conduct of the hearing. A maximum of five active members, which may include alternates, are entitled to vote on any issue;

2.

The concurring vote of a majority of members of the zoning board of review sitting at a hearing is necessary to reverse any order, requirement, decision, or determination of the zoning officer from whom an appeal was taken; and

3.

The concurring vote of a majority of members of the zoning board of review sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the zoning board of review upon which it is required to pass under the zoning code, including variances and special use permits.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1266.022)

(Ord. No. 2023-05, § 1, 3-8-2023)

A.

Rules. The zoning board of review shall adopt from time to time such rules and procedures as may be deemed necessary to carry into effect the provisions of this zoning code.

B.

Public Hearings. The zoning board of review shall hold a public hearing on all appeals, including appeals in which applications for variances are involved, and on all requests for special use permits, and shall give notice thereof in accordance with Section 17.112.070.

C.

Comprehensive Plan. All determinations of the zoning board of review shall be made in accordance with the comprehensive plan for the city of Newport and in harmony with the purpose and intent of this zoning code.

D.

Referrals. All Applications for variances and special use permits shall be referred to the planning board for review not later than fourteen (14) days prior to the public hearing scheduled for such applications.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1266.023)

A.

Following a public hearing, the zoning board of review shall render a decision within a reasonable period of time. The zoning board of review shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the zoning board of review within thirty (30) working days from the date when the decision was rendered, and shall be a public record. The zoning board of review shall keep written minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the zoning board of review in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.

B.

Any decision by the zoning board of review, including any special conditions attached thereto, shall be mailed to the applicant, to the zoning officer, and to the director of division of planning of the Rhode Island Department of Administration. Any decision evidencing the granting of a variance, modification, or special use permit shall also be recorded in the land evidence department.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1266.024)

A.

This zoning code shall not be adopted, repealed, or amended until after a public hearing has been held upon the question before the city council. The city council shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the city 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, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed zoning code. Written notice, which may be a copy of the newspaper notice, shall be mailed to the associate director of the division of planning of the Rhode Island Department of Administration, and, where applicable, to the parties specified in subsections B, C, D, and E of this section, at least two weeks prior to the hearing. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and 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 code is under consideration;

3.

Contain a statement of the proposed amendments to the zoning code 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 of 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.

Where a proposed general amendment to this zoning code includes changes in an existing zoning map, public notice shall be given as required by subsection A of this section.

C.

Where a proposed amendment to this zoning code includes a specific change in a zoning map, but does not affect districts generally, public notice shall be given as required by subsection A of this section, with the additional requirements that:

1.

Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names, and city boundaries where appropriate; and

2.

Written notice of the date, time, and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located in or within not less than two hundred (200) feet of the perimeter of the area proposed for change, whether within the city or within an adjacent city. The notice shall be sent by registered or certified mail to the last known address of the owners, as shown on the current tax assessor's records.

D.

Notice of a public hearing shall be sent by first class mail to the city or town council of any city or town to which one or more of the following pertain:

1.

Which is located in or within not less than two hundred (200) feet of the boundary of the area proposed for change; or

2.

Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within two thousand (2,000) feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

E.

Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within two thousand (2,000) feet of any real property which is the subject of a proposed zoning change, provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the building inspector of the city or town a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand (2,000) feet thereof.

F.

No defect in the form of any notice under this section shall render this zoning code or amendment invalid, unless the defect is found to be intentional or misleading.

G.

Costs of any notice required under this section shall be borne by the applicant.

H.

In adopting a zoning code amendment, the city council may limit the change to one of the permitted uses in the district to which the subject land is rezoned, and impose such limitations, conditions, and restrictions, including, without limitation:

1.

Requiring a 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;

2.

Relating to the effectiveness or continued effectiveness of the zoning change; and/or

3.

Relating to the use of the land; as it deems necessary.

The zoning officer shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records, provided, however, in the case of a conditional zone change, 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 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 city council may, after a public hearing as herein before set forth, change the land to its original zoning use before the petition was filed.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1266.04)

Whoever violates or fails to comply with any of the provisions of the zoning code or violates the terms or conditions of any action imposed by the zoning board of review or by of any other agency or officer charged in the zoning code with enforcement of any of its provisions shall be fined not more than five hundred (500) dollars for each offense, such fine to inure to the city. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs.

Whenever a violation of Section 17.04.050 (A)(2)(b) occurs, the property owner shall be fined a minimum of two hundred fifty (250) dollars per day for each day of the violation; and, additionally, each tenant on the lease shall be fined a minimum of two hundred fifty (250) dollars per day for each day of the violation.

(Ord. 2000-4 (part), 2000: Ord. 9-96 § 1, 1996: Ord. 65-94 (part), 1994: prior code § 1266.013)