The Building/Zoning Official shall be designated to administer and enforce this chapter. The Building Official may be provided with the assistance of such other persons as required. The Building/Zoning Official shall have minimum qualifications as set forth by the Town Administrator and approved by the Town Council.

The Building/Zoning Official shall be responsible for the following:

No building or other structure shall be erected, moved, added to, or structurally altered without a permit approved or issued by the Building/Zoning Official. No building permit shall be approved or issued by the Building/Zoning Official except in conformity with the provisions of this chapter.

Nothing in this chapter shall be deemed to prevent the completion of any construction as defined in § 340-2.1 for which a valid building permit was previously issued.

All applications (see "application," Article XXVIII, Terminology) for building permits shall be accompanied by duplicate plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location and dimensions of the proposed building, wetlands, water bodies or alteration. The application shall include all setbacks and such other information as lawfully may be required by the Building/Zoning Official, including existing or proposed building or alteration, existing or proposed uses of the building and land, the number of families, housekeeping units, or rental units the building is designed to accommodate, conditions existing on the lot, and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this chapter.

One copy of the plans shall be returned to the applicant by the Building/Zoning Official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original, similarly marked, shall be retained by the Building/Zoning Official as a Town record.

The applicant, upon presentation to the Building/Zoning Official for the purpose of a building permit utilizing any combination of contiguous lots for the purpose of said building permit, shall be required to record an administrative subdivision merging said lots as per R.I.G.L. § 45-23, Rhode Island Land Development and Subdivision Review Enabling Act of 1992 as amended.

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a zoning certificate shall have been issued by the Building/Zoning Official stating that the proposed use of the building or land conforms to the requirements of this chapter, and the Building/Zoning Official shall state the facts upon which the certificate is issued.

No permit for erection, alteration, moving, repair of any building shall be issued until an application has been made for a zoning certificate, and the certificate shall be issued in conformity with the provisions of this chapter upon completion of work.

The Building/Zoning Official shall maintain a record of all zoning certificates, and a copy shall be furnished upon request to any person.

Failure to obtain a zoning certificate shall be a violation of this chapter and punishable under § 340-5.34 of this chapter.

If the work described in any building permit has not begun within 180 days from the date of issuance thereof, said permit shall expire, it shall be canceled by the Building/Zoning Official and written notice thereof shall be given to the persons affected.

If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the Building/Zoning Official provided, however, that the Building/Zoning Official may upon application thereof and for cause shown, grant an extension. Said application should be filed prior to the expiration within the original two-year period of the permit and further provided that not more than one such extension for a period of one year be granted. In event of cancellation, written notice thereof shall be given to the persons affected together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

The Board shall adopt and publish rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. In conducting hearings and arriving at its decisions the Board shall consist of only five voting members. The Chairman, or in his absence the Vice Chairman, may administer oaths and compel the attendance of witnesses and the submission of evidence. All hearings of the Board shall be open to the public.

The Board 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. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning such matter. Decisions shall be recorded and filed in the office of the Board within 30 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 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 Board 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.

Appeals to the Board may be taken by any party aggrieved or by any officer, department, board, or bureau affected by any order or decision of the Building/Zoning Official concerning the provisions of this chapter. Such appeal shall be taken within 20 days by filing with the Building/Zoning Official and with the Board a notice of appeal specifying the grounds for the appeal. The Building/Zoning Official shall make available to the Board all papers constituting the record upon which the action appealed from was taken. In filing an appeal, the applicant in addition to filing any plans and specifications supporting the request shall accompany the request with a list of property owners within 200 feet of the property in question, and a filing fee payable to the Town.

Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton or willful misconduct.

To hear and decide appeals within 65 days of the date of the filing of the appeal where it is alleged there is error in any order, requirement, decision, or determination made by the Building/Zoning Official in the enforcement or interpretation of this chapter or of any ordinance adopted pursuant hereto.

To hear and decide appeals from a party aggrieved by a decision of an Historic District Commission pursuant to R.I.G.L. §§ 45-24.1-7.1 and 45-24.1-7.2.

To hear and decide appeals where the Zoning Board of Review is appointed as the Board of Appeals for airport zoning regulations pursuant to R.I.G.L. § 1-3-19.

To authorize upon application, in specific cases of hardship, variances in the application of the terms of this chapter pursuant to R.I.G.L. § 45-24-41.

To authorize upon application, in specific cases, special use permits pursuant to R.I.G.L. § 45-24-42(a) where the Zoning Board of Review is designated as a permit authority for special use permits.

To refer matters to the Planning Board or to other boards of the Town as the Zoning Board of Review may deem appropriate for findings and recommendations.

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 a specified time period.

To hear and decide such other matters according to the terms of this chapter or other statutes and upon which such board may be authorized to pass under such ordinance or other statutes.

The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Building/Zoning Official in the enforcement of this chapter. In exercising the above-mentioned powers the Board may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and to that end shall have the powers of the Building/Zoning Official from whom the appeal is taken. The concurring vote of three members shall be necessary to reverse any order, requirement, decision, or determination of the Building/Zoning Official.

The Board shall hear and decide such appeal within 65 days of the date of the filing of the appeal. It shall publish notice of the hearing at least once prior to the date of such hearing in a newspaper of general circulation in the Town. The date of the first notice shall be at a minimum 14 days prior to the date of the hearing, shall give due notice to the applicant, abutting owners, and other parties in interest and shall hear and decide the appeal within a reasonable time. Any party may appear at the hearing in person, by agent, or by attorney.

To hear and decide only such special use permits as the Board is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether special use permits should be granted; to grant special use permits with such conditions and safeguards as are appropriate under this chapter; or to deny special use permits when not in harmony with the purpose and intent of this chapter. The Board, immediately upon receipt of an application for special use permit, may request that the Planning Board and/or staff report its findings and recommendations, including the statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan for the Town. The findings and recommendations, in writing, shall be forwarded to the Zoning Board of Review within 30 days of receipt of the application from said Board.

The Board shall fix a reasonable time for the hearing of a special use permit. It shall publish notice of the hearing at least once in a newspaper of local circulation in the Town a minimum of 14 days prior to the date of the hearing. Notice of hearing shall be sent by first-class mail to the applicant, and to all those who would require notice under R.I.G.L. § 45-24-53. Said notice shall also include the street address of the subject property. The cost of such notification shall be borne by the applicant. The same notice shall be posted in the town or city clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on the municipal home page of its 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 the newspaper and mailing notification shall be borne by the applicant. The Board shall hear and decide on the application within a reasonable time. Any party may appear at the hearing in person, by agent, or by attorney.

The quorum is four of five total members. The concurring vote of the majority of the quorum, which would be three members, shall be required to decide in favor of an applicant on any matter concerning a special use permit upon which it is required to pass under this chapter. In granting a special use permit, the Board may impose such additional safeguards and conditions on the proposed use as are deemed necessary in order to conform to these requirements. The Board shall make a written decision including findings of fact certifying compliance with the rules governing that special use permit. All zone and area regulations of the district in which the special use permit is sought shall apply to such uses except where specifically exempted or amended by the conditions under which the Board grants the special use permit. The disregarding of any such condition or safeguard shall be considered as a violation.

All decisions and stipulations imposed by the Board in granting a special use permit shall be recorded in Town land evidence records. A copy of such shall be filed in the Building/Zoning Official's office.

Any use which has been permitted by special use permit under the terms of this ordinance shall be considered a use by special use permit and shall require further action of the Board for any change in use. (See § 340-2.8.)

To the extent a proposed land use is not specifically listed in § 340 Attachment 2, the property owner may submit a written request to the Zoning Board of Review for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special-use permit. The Zoning Board of Review will have 15 days to provide a written evaluation to the property owner. Upon such determination, the proposed use may be considered to be a use requiring a special use permit.

An application for relief from the literal requirements of this zoning ordinance because of hardship may be made by any person, group, agency or corporation by filing with the Building/Zoning Official an application describing the request and supported by such data and evidence as may be required by the Zoning Board of Review or by the terms of this ordinance. There shall be only two categories of variance, a use variance or a dimensional variance.

The Building/Zoning Official shall immediately transmit each such application received to the Zoning Board of Review and a copy of each application to the Planning Board and/or Planning Department.

The Zoning Board of Review, immediately upon receipt of an application for a variance in the application of the literal terms of this chapter, may request that the Planning Board and/or staff report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan for the Town in writing to said Zoning Board of Review within 30 days of receipt of the application from said Board. The Zoning Board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application. The Zoning Board of Review shall publish notice of the hearing at least once prior to the date of such hearing in a newspaper of local circulation in the Town. The date of the first notice shall be at a minimum 14 days prior to the date of the hearing. Notice of hearing shall be sent by first-class mail to the applicant and to at least all those who would require notice under R.I.G.L. § 45-24-53. Said notice shall also include the street address of the subject property. The same notice shall be posted in the town or city clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on the municipal home page of its 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.

Requests for dimensional and use variances and 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 pursuant to R.I.G.L. § 45-24-46.4(a). 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 Article 9.8 of North Smithfield's Land Development and Subdivision Regulations and R.I.G.L. § 45-23-50.1(d).

In granting a variance, the Zoning Board of Review or the Planning Board under unified development review, as appropriate, shall require that evidence to the satisfaction of the following standards is entered into the record of the proceedings:

The Zoning Board of Review, or where unified development review is enabled, the Planning Board, shall in addition to the above standards, require that evidence is entered into the record of the proceedings that:

All stipulations imposed by the Board in granting a variance permit shall be recorded in Town land evidence records. A copy of such shall be filed in the Building/Zoning Official's office.

Modifications to dimensional requirements. The Zoning Officer is authorized to grant modification permits of up to and including 15% of any dimensional requirements of this chapter as follows:

Where ordered to do so by a court order; or

Where, after 12 months of the date of such denial or withdrawal, the application is accompanied by an affidavit setting forth facts to the satisfaction of said Board showing a substantial change of circumstances justifying a rehearing.

An aggrieved party may appeal a decision of the Zoning Board of Review to the Superior Court for the county in which the Town is situated by filing a complaint setting forth the reasons of appeal within 20 days after such decision has been recorded and posted in the office of the Town Clerk. The decision shall be posted in a location visible to the public in the Town Hall for a period of 20 days following the recording of the decision. The Zoning Board of Review shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof together with such other facts as may be pertinent with the Clerk of the Court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, such original applicant or appellant and the members of the Zoning Board shall be made parties to such proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the Court may in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.

If before the date set for hearing in the Superior Court, application is made to the Court for leave to present additional evidence before the Zoning Board of Review, and it is shown to the satisfaction of the Court that the additional evidence is material, and that there were good reasons for the failure to present it at the hearing before the Zoning Board of Review, the Court may order that the additional evidence be taken before the Zoning Board of Review upon conditions determined by the Court. The Zoning Board of Review may modify its findings and decision by reason of such additional evidence and shall file that evidence and any new findings or decisions with the Superior Court.

The review shall be conducted by the Superior Court without a jury. The Court shall consider the record of the hearing before the Zoning Board of Review and if it shall appear to the Court that additional evidence is necessary for the proper disposition of the matter, it may allow any part to such appeal to present such evidence in open court, which evidence along with the said report shall constitute the record upon which the determination of the Court shall be made.

The Court shall not substitute its judgment for that of the Zoning Board of Review as to the weight of the evidence on questions of fact. The Court may affirm the decision of the Zoning Board of Review, remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions, or decisions which are:

The regulations set forth in this chapter may from time to time be amended or repealed by the Town Council; provided, however, that no such action may be taken until reported on by the North Smithfield Planning Board, which said report shall be made to the Town Council within 45 days from the date the petition is filed with the Town Planner, or shall otherwise be deemed to be waived, and after a public hearing before the Town Council at which time parties in interest and citizens shall have an opportunity to be heard.

Petitioners are also subject to review procedures as well as fees established under Article XXVII, Development Plan Review, as applicable. Except for Local Historic District applications, any person, group of persons or corporation may initiate such proceedings by paying the filing fee (see Appendix A)[1] and filing the following with the Town Planner for a pre-submission conference:

The Town Planner shall review the proposal and forward comments to the Building/Zoning Official and forward comments to the Planning Board as well as other reviewing parties. The Planning Board shall then review the proposed amendment and its implications in Town and forward its comments and recommendations to the Town Council within 45 days from the date the petition is filed with the Town Planner.

Immediately upon receipt of the Board's written comment and 10 copies of the required information set forth in this section, the Town Clerk shall forward a single copy to the members of the Town Council. A filing fee fixed by the Town Council under the provisions of § 340-5.30 of this chapter shall accompany all applications to the Council except those initiated by a person representing the Town or one of its official bodies.

The Town Council may, upon motion for passage of a zoning amendment, stipulate that a particular request revert back to the original zone if certain conditions are not met provided, however, that a hearing, duly noticed, shall be required.

No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the Town Council. The Town Council shall first give notice of such public hearing by publication of notice in a newspaper of general circulation within such Town at least once each week for three successive weeks prior to the date of such 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 ordinance. Written notice, which may be a copy of said newspaper notice, shall be mailed to the parties specified in Subsections B, C, D and E of this section at least two weeks prior to the hearing. Such 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:

Where a proposed general amendment to an existing zoning ordinance includes changes in an existing Zoning Map, public notice shall be given as required by Subsection A of this section.

Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of the real property as shown on the current real estate tax assessment records of the city or Town. The notice shall be given at least two weeks prior to the hearing at which the text amendment is to be considered with the content required by Subsection A. If the zoning ordinance contains an existing merger clause to which the nonconforming lots would be subject, the notice shall include reference to the merger clause and the impacts of common ownership of nonconforming lots. The notice shall be sent by first-class mail to the last known address of the owners as shown on the current real estate tax assessment records of the city or town in which the property is located, provided for any notice sent by first-class mail the sender of the notice shall submit a notarized affidavit to attest to such mailing.

Where a proposed amendment to an existing ordinance includes a specific change in a zoning district 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:

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:

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 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/Zoning Official in the 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 2,000 feet thereof.

Notwithstanding any of the requirements set forth in Subsections A through E, each municipality shall establish and maintain a public notice registry allowing any person or entity to register for electronic notice of any changes to the zoning ordinance. The city or town shall provide public notice annually of the existence of the electronic registry by publication of notice in a newspaper of general circulation within the city or town. In addition, each municipality is hereby encouraged to provide public notice of the existence of the public notice registry in all of its current and future communications with the public, including, but not limited to, governmental websites, electronic newsletters, public bulletins, press releases, and all other means the municipality may use to impart information to the local community.

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

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

Limitations and conditions.

The above requirements are to be construed as minimum requirements.

Any person or entity may register with the Town's public notice registry for electronic notice of any changes to this chapter, provided however, that notice pursuant to the public notice registry does not alone qualify a person or entity on the registry as an aggrieved party under R.I.G.L. § 45-24-31(5).

Where ordered to do so by a court of competent jurisdiction; or

Where after 12 months of the date of such denial or withdrawal the application is accompanied by an affidavit setting forth facts to the satisfaction of said Town Council showing a substantial change of circumstances justifying a rehearing.

An appeal of an enactment of or an amendment to this chapter may be taken to the Superior Court for the county in which the municipality is situated by filing a complaint as set forth herein within 30 days after such enactment, or amendment has become effective. Such appeal may be taken by an aggrieved party or by any legal resident or landowner of the Town, or by any association of residents or landowners of the Town. The appeal shall not stay the enforcement of this chapter as enacted or amended, but the Court may, in its discretion, grant a stay on appropriate terms which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.

The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the Comprehensive Plan and/or the manner in which it constitutes a taking of private property without just compensation.

The review shall be conducted by the Court without a jury. The Court shall first consider whether the enactment or amendment of this chapter is in conformance with the Comprehensive Plan. If the enactment or amendment is not in conformance with the Comprehensive Plan, then the Court shall invalidate the enactment or the amendment or those parts of such enactment or amendment which are not in conformance with the Comprehensive Plan. The Court shall not revise this chapter to conform with the Comprehensive Plan but may suggest appropriate language as part of the Court decision.

In the case of an aggrieved party where the Court has found that the enactment or amendment of this chapter is in conformance with the Comprehensive Plan, then the Court shall next determine whether the enactment or amendment works as a taking of property from the aggrieved party. If the court determines that there has been a taking, the Court shall remand the case to the Town Council with its findings that a taking has occurred and order the Town to either provide just compensation or rescind such enactment or amendment within 30 days.

The Superior Court shall retain jurisdiction. In the event that the aggrieved party and the Town do not agree on the amount of compensation, in which case the Superior Court shall hold further hearings to determine such compensation and award same. Furthermore, the Superior Court shall retain jurisdiction to determine the amount of an award of compensation for any temporary taking if the same shall exist.

The Court may, in its discretion, upon motion of the parties or on its own motion, award reasonable attorneys' fees to any party to an appeal as set forth herein, including the Town.

Any person or corporation having received a notice of violation shall have 30 days to respond. If no response is received within 30 days the Building/Zoning Official shall forward the matter to the Town Solicitor for further action.

Violations shall be rectified within 30 days of the response to the Notice of Violation. If in the opinion of the Building/Zoning Official, no attempt is made to rectify the violation, the matter shall be referred to the Town Solicitor for further action.

An extension of 30 days may be granted if, in the opinion of the Building/Zoning Official, the violator has made a reasonable attempt to comply but needs additional time to do so. Any violation not rectified within 90 days of receipt of the notice of violation shall be forwarded to the Town Solicitor for further action.

Any person or corporation, whether as principal agent, employee or otherwise, who violates any of the provisions of this chapter, shall be fined not exceeding $500 for each offense. Each day being an offense.

The erection, construction, enlargement, conversion, moving or maintenance of any building which is continued, operated or maintained contrary to any of the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful. The Town Solicitor shall, immediately upon any such violation having been called to his attention, institute injunction, abatement, or any other appropriate action to prevent, enjoin, abate or remove such violation.

Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violation.