The provisions of this ordinance shall be enforced by the building inspector, unless otherwise specified. No application, building or zoning permit, plan, specification or intended use which is not in accordance with the provisions of this ordinance shall be approved by the building inspector.

22.1

The building inspector shall:

22.1.1

Review and approve for zoning compliance, building permits and certificates of occupancy.

22.1.2

Collect required fees in connection with applications under the building inspector's jurisdiction.

22.1.3

Receive and review for proper form, all applications for zoning, building and occupancy permits.

22.1.4

Transmit all applications to the zoning board of review, or planning board as specified in the ordinance.

22.1.5

Keep records on compliance of uses of land.

22.1.6

Inspect suspected violations and issue violation notices in cooperation with the town solicitor.

22.1.7

Perform other such duties as may be deemed to implement the enforcement of this ordinance.

22.2

Upon written request the building inspector shall, in order to provide guidance or clarification, issue a zoning certificate or provide information to a requesting party as to the determination by the building inspector on issues of compliance, applicability and interpretation of this ordinance. This response shall be issued within 15 days of receipt of the written request. In the event that no written response is provided within such time, the requesting party shall have the right to appeal to the zoning board of review for such determination.

22.3

When in the opinion of the building inspector it is necessary or when required by this ordinance, the building inspector shall seek technical assistance or approval from other town officials in the administration of this ordinance. Such technical assistance or approval, unless otherwise specified, may suffice in whole or in part as the basis for the approval or disapproval of a zoning permit. Any permit or license issued in conflict with the provisions of this ordinance shall be deemed null and void.

22.4

Reserved.

22.5

Minimum qualifications for the building inspector shall include: The building inspector shall have had at least five years' experience in construction, design, or supervision. The building inspector shall be generally informed on the quality and strength of building materials, on the accepted requirements for safe exit facilities and on other items of equipment essential for the safety and comfort of occupants.

22.6

Building permit.

22.6.1

No building or structure shall be erected, extended, altered, enlarged or moved, and no use of any land or premises shall be begun or changed without a building permit having been issued by the building inspector. A permit or license issued by any other department of the town shall be in conformity with the provisions of this ordinance. Any application for such a permit shall be accompanied by a site plan, accurately drawn, showing the actual shape and dimensions of the lot or premises to be built upon; the exact location and size of all buildings or structures to be erected, constructed, reconstructed, altered or enlarged together with the lines within which all buildings or structures are to be erected, constructed, reconstructed, altered or enlarged; the existing or intended use of such building or structure; the location of all zoning district boundary lines as they may affect the lot or premises; the location and size of off-street parking and loading facilities where required, the location and design of trash storage areas and enclosures, including dumpsters, and other information as may be necessary to provide the execution and enforcement of this ordinance. The building permit shall be issued on the basis of the application and accompanying plans, where required, and shall authorize only the use arrangement and construction set forth in approved plans and applications. Any use, arrangement or construction not complying with that authorized under this ordinance shall be deemed in violation.

22.6.2

No site plan shall be required with an application for such a permit involving only alterations of an existing building where the use and exterior surfaces of such buildings are not changed or enlarged in any manner and the use is not affected by any other section of this ordinance.

22.6.3

A record of the applications, plans and permits shall be kept on file in the office of the building inspector and shall be available for public inspection during regular office hours.

22.6.4

In addition, the building inspector may require the submission of plans of any proposed machinery, operations and products and specifications for the mechanisms and techniques to be used for the purpose of restricting the emission of dangerous and objectionable elements referred to in this ordinance. An affidavit may be required from the applicant acknowledging his understanding of the applicable performance standards and his agreement to conform with such standards at all times. No applicant will be required to divulge confidential processes, and all information submitted will be treated confidentially if requested.

22.6.5

In areas of special flood hazard as delineated on the flood maps, a permit shall be required for any land preparation, excavation, grading, filling or removal of earth for any purpose.

22.7

Occupancy permit.

22.7.1

An occupancy permit shall be required for any of the following:

22.7.1.1

Occupancy and use of a building or structure hereafter erected, extended, altered, enlarged or moved;

22.7.1.2

Change in use of an existing building, structure or premises to a use of a different classification;

22.7.1.3

Occupancy and use of vacant land except for farming;

22.7.1.4

Change in use of land to a use of a different classification other than farming;

22.7.1.5

Any change in use of a nonconforming use.

22.7.2

No such occupancy, use or change of use shall take place without the issuance of an occupancy permit approved by the building inspector. The permit shall not be issued until the building, structure, premises or land, its uses and the uses incidental thereto have been inspected and approved by the building inspector and, if required, a business registration certificate has been secured from the town clerk's office. A record of all occupancy permits shall be kept on file in the office of the building inspector and shall be available for public inspection during regular office hours.

22.8

Conflict/construal [interpretation] with other laws.

22.8.1

This chapter [section] shall not repeal, annul or impair any existing provisions of law, other ordinances or any rules or regulations previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises. However, wherever the terms of this ordinance require a greater width or size of yards of other open spaces, a lower height of building or less number of stories or a greater percentage of lots to be left unoccupied or impose other greater standards than are required in any other statute, ordinance or regulation, the provision of this ordinance shall govern. Wherever the provisions of any other statute, ordinance or regulation require a greater width or size of yards, courts or other open spaces, a lower height of building or lesser number of stories, or a greater percentage of lots to be left unoccupied or impose other high standards than are required in this ordinance, the provisions of such statute, ordinance or regulation shall govern.

22.8.2

All variances and special use permits heretofore granted by the zoning board of review, shall remain in full force and effect, and all terms, conditions and obligations imposed by the board shall remain in effect and be binding to the same extent as if this ordinance had not been enacted. All violations of previous provisions shall be punishable as if they had not been repealed and shall remain in effect insofar as required for the initiation of any proceedings against such violations and/or the prosecution of any violations heretofore commenced.

(Ord. No. 2024-5, 6-18-2024)

23.1

The town clerk shall be the custodian of the zoning ordinance and zoning map(s) created thereunder. In addition, the town clerk shall be responsible for maintaining and updating the text and zoning map comprising the zoning ordinance. Changes which impact the zoning map shall be depicted on the map within 90 days of such authorized change(s) and changes to the text shall be included in the zoning ordinance within 30 days of such authorized change(s).

23.1.1

In the case of a conditional zone change, the limitations, restrictions and conditions shall not be included on the zoning map until the zone change has become effective.

23.1.2

It shall be the responsibility of the town clerk to receive, in proper form, petitions for amendments or repeals to the zoning ordinance and/or amendments to the zoning map. The town clerk shall collect the required fees for such petitions as set by the town council.

23.2

Annual review. The provision of this ordinance shall be reviewed annually by the planning board for the purpose of considering proposed amendments deemed appropriate in the light of changing conditions or policies. After such annual review, the planning board shall make written report to the town council advising the council of its review and transmitting recommendations the planning board may have, if any, regarding the provisions of the ordinance. In addition, whenever the comprehensive plan is amended, the planning board shall identify any changes necessary to the zoning ordinance, to ensure consistency and forward these changes to the town council.

(Ord. No. 2024-5, 6-18-2024)

24.1

There shall be a zoning board of review which shall consist of five members, each to hold office for a term of five years, with one member to be appointed each year by the town council. The board shall choose its chairperson and said chairperson, or an acting chairperson in his or her absence, may administer oaths and compel the attendance of witnesses. All members and alternate members of said board shall be qualified electors and residents of the town during their term of office and shall hold no other office in the service of the town. Each member shall continue in office until his successor has been duly appointed and qualified.

24.1.1

In case any vacancy shall occur in the board for any cause, the vacancy shall be filled by the affirmative vote of a majority of the town council, present and voting, and the appointee shall serve for and during the unexpired term of the predecessor.

24.1.2

Any member of the board may be removed by the town council for due cause including malfeasance, misfeasance, or nonfeasance generally and in particular:

24.1.2.1

Failure to maintain reasonable familiarity with state statutes and local ordinances and rules affecting the board.

24.1.2.2

Failure to disclose conflict of interest for purposes of disqualification when a member has personal or monetary interest in the matter involved or will be affected by a decision of the board.

24.1.3

In addition to the five standing members, the town council shall appoint two alternates to be designated as the first and second alternate members, each to hold office for a term of five years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. The alternate members shall exercise the same duties and functions as a regular member when serving on the board and may be removed from office by the town council in the same manner as a regular member.

24.1.4

Annually in the month of September, the zoning board of review shall organize by electing from its membership a chairperson and vice chairperson. The town clerk, or designee, shall serve as clerk of the board and shall perform such duties as are provided by this ordinance. Meetings of the board shall be held at the call of the chairperson or as may be fixed by the board.

24.1.5

All hearings and meetings of the board shall be open to the public and shall be conducted no earlier in the day than 7:00 p.m. All decisions shall be made and voted upon at a public hearing.

24.1.6

No member or alternate may vote on any matter before the board unless they have attended all hearings concerning the matter.

24.1.7

No member of the board shall pass on any matter in which he has a business, professional or personal interest. As soon as a conflict occurs for a member, that member shall recuse himself and shall not sit as an active member and shall take no part in the conduct of the hearing.

24.1.8

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.

24.1.9

The chairperson may appoint subcommittees as seem desirable to aid the functioning of the board.

24.1.10

Members of the zoning board of review shall receive remuneration for their services on the board, as established by the approved budget.

24.1.11

Reserved.

24.1.12

The chairperson, or in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.

(Ord. No. 2024-5, 6-18-2024)

25.1

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

25.1.1

To hear and decide appeals within 65 days of the date of filing of the appeal where it is alleged there is error in any order, requirement, decision, or determination made by an administrative officer or agency in the enforcement or interpretation of this ordinance, or of any amendment adopted pursuant hereto;

25.1.2

To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to section 45-24-41 of the act;

25.1.3

To authorize, upon application, in specific cases, special use permits, pursuant to section 45-24-42(A) of the act, where the zoning board of review is designated as a permit authority for special use permits;

25.1.4

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

25.1.5

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; and

25.1.6

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

25.2

The zoning board of review shall be required to vote as follows:

25.2.1

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

25.2.2

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

25.2.3

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 board upon which it is required to pass under the ordinance, including variances and special use permits.

25.3

All members, including alternate members, of any zoning board shall be required to participate in continuing education courses promulgated pursuant to G.L. 1956, tit. 45. ch. 70 entitled "Continuing Education for Local Planning and Zoning Boards and Historic District Commissions", as provided for in Chapter 21, Planning Board and Zoning Board Education of the Code.

(Ord. No. 2024-5, 6-18-2024)

For each application to the zoning board of review, the applicant shall follow the specific procedures including submission requirements as specified in this ordinance for appeals, special use permits and variances and any other matter. Failure to do so may result in a delay in processing the application. Any application not deemed complete shall not be placed on the hearing agenda.

(Ord. No. 2024-5, 6-18-2024)

27.1

The town council shall set and review annually reasonable fees, in an amount not to exceed actual costs incurred, to be paid by the appellant or applicant for the adequate review by the appropriate agency and hearing of applications, the issuance of zoning certificates, and for the recording of the decisions thereon.

27.2

The applicant shall also be required to bear the expense of any outside technical assistance which the zoning board deems necessary to assist the zoning board in the review of any application that shall be heard by the zoning board.

(Ord. No. 2024-5, 6-18-2024)

28.1

Any person, whether as principal, agent, employee or otherwise, who violates any of the provision of this ordinance, any of the conditions under which a permit is used or any decision rendered by the zoning board of review, town council, building inspector, or planning board shall be fined not exceeding $500.00 for each offense, such fine to inure to the town and each day that such violation shall continue shall be deemed to constitute a separate offense. The penalty shall be reasonably related to the seriousness of the offense.

28.2

The erection, construction, reconstruction, alteration, enlargement or moving of any building or structure and the use of any land, premises, building or structure and the use of any land, premises, building or structure which is continued, operated or maintained contrary to the provisions of this ordinance is hereby declared to be a violation of this ordinance and unlawful. The town solicitor shall institute appropriate legal action to redress said violations.

28.3

The town may also cause suit to be brought in the supreme or superior court or West Warwick municipal court to restrain the violation of, or to compel compliance with, the provision of this ordinance. The town may consolidate an action for injunctive relief and/or fines under the ordinance in the superior court of Kent County.

28.4

Extension of deadlines by consent. The provisions of this ordinance pertaining to decision deadlines, shall not be construed to apply to any extension for good cause, consented to by an applicant.

(Ord. No. 2024-5, 6-18-2024)

29.1

Following a public hearing, the zoning board of review shall render a decision within 60 days of the conclusion of the hearing. 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 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.

29.2

Any decision by the zoning board of review, including any special conditions attached thereto shall be mailed to the applicant, and to the associate director of the division of planning of the Rhode Island Department of Administration. In addition, a copy of the decision shall be sent to the office of the building inspector.

29.3

All decisions of the zoning board of review 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.

(Ord. No. 2024-5, 6-18-2024)

30.1

The supreme court and the superior court, within their respective jurisdictions, or any justice of either of those courts in vacation, shall, upon due proceedings in the name of the town, instituted by its town solicitor, have power to issue any extraordinary writ or to proceed according to the course of law or equity or both:

30.1.1

To restrain the erection, alteration, or use of any building, structure, sign, or land erected, altered, or used in violation of the provisions of any zoning ordinance enacted under the authority of the act, and to order its removal or abatement as a nuisance;

30.1.2

To compel compliance with the provisions of any zoning ordinance enacted under the authority of the act;

30.1.3

To order the removal by the property owner of any building, structure, sign, or improvement existing in violation of any zoning ordinance enacted under the provisions of the act and to authorize some official of the town, in the default of the removal by the owner, to remove it at the expense of the owner;

30.1.4

To order the reimbursement for any work or materials which shall have been done or furnished by or at the cost of the town;

30.1.5

To order restoration by the owner, where practicable; and/or

30.1.6

To issue fines and other penalties.

(Ord. No. 2024-5, 6-18-2024)

31.1

An appeal from any decision of the building inspector may be taken to the zoning board of review by an aggrieved party.

31.2

An appeal from a decision of the zoning board of review may be taken by an aggrieved party to the Kent County superior court.

(Ord. No. 2024-5, 6-18-2024)

An appeal to the zoning board of review from a decision of the building inspector may be taken by an aggrieved party. The appeal shall be taken with 30 days of the date of the recording of the decision of the building inspector by filing with the building inspector and the zoning board of review a notice of appeal specifying the ground thereof. The building inspector shall forthwith transmit to the zoning board of review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board.

(Ord. No. 2024-5, 6-18-2024)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the zoning board of review, after an appeal shall have been duly filed, that by reason of facts stated in the certificate a stay would in the building inspector'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 building inspector from whom the appeal is taken on due cause shown.

(Ord. No. 2024-5, 6-18-2024)

The zoning board of review shall fix a reasonable time for the hearing of the appeal, give public notice thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation in the town.

34.1

Notification, including the date, time, place, purpose of the hearing, and street address of the subject property shall:

34.1.1

Be sent by first class mail to the applicant;

34.1.2

Be sent registered mail, return receipt requested, to all owners of real property whose property is located at or within a 200-foot radius of the perimeter of the subject area, as measured from the corners of the subject area; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the town;

34.1.3

Be sent by first class mail to the city or town council of any city or town which is located at or within 200 feet of the perimeter of the subject area;

34.1.4

Be sent first class mail to the city or town council of any city or town 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, at or within 2,000 feet of the subject property, regardless of the municipal boundaries;

34.1.5

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 watersheds and parcels of land within 2,000 feet thereof;

34.1.6

If the subject property for which the variance is being requested lies within the BP business park zoning district, then the notification is to[sic] also be sent registered or certified mail to all owners of real property whose property is located within the BP business park zoning district; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the town;

34.1.7

The cost of notification shall be borne by the applicant.

(Ord. No. 2024-5, 6-18-2024)

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, a knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

(Ord. No. 2024-5, 6-18-2024)

In exercising its powers, 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 and may make such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the building inspector. All decisions and records of the zoning board of review respecting appeals shall conform to the provisions of section 24 of this ordinance.

(Ord. No. 2024-5, 6-18-2024)

37.1

An aggrieved party may appeal a decision of the zoning board of review to the Kent County superior court by filing a complaint setting forth the reasons of appeal within 20 days after the 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, the original applicant or appellant and the members of the zoning board shall be made parties to the 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.

37.2

If, before the date set for hearing in the superior court, an 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 the additional evidence and shall file that evidence and any new findings or decisions with the superior court.

37.3

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 party to the appeal to present the evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the court shall be made.

37.4

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 or 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:

37.4.1

In violation of constitutional, statutory, or ordinance provisions;

37.4.2

In excess of the authority granted to the zoning board of review by statute or ordinance;

37.4.3

Made upon unlawful procedure;

37.4.4

Affected by other error of law;

37.4.5

Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or

37.4.6

Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(Ord. No. 2024-5, 6-18-2024)

Upon the entry of any case or proceeding brought under the provisions of this ordinance, including pending appeals and appeals hereinafter taken to the court, the court shall, at the request of either party, advance the case, so that the matter shall be afforded precedence on the calendar and shall thereupon be heard and determined with as little delay as possible.

(Ord. No. 2024-5, 6-18-2024)

39.1

An appeal of an enactment of or an amendment to the zoning ordinance may be taken to the Kent County superior court by filing a complaint, as set forth herein, within 30 days after the enactment or amendment has become effective. The 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 the zoning ordinance, 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.

39.2

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.

39.3

The review shall be conducted by the court without a jury. The court shall first consider whether the enactment or amendment of the zoning ordinance 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 the enactment or amendment which are not in conformance with the comprehensive plan. The court shall not revise the ordinance to conform with the comprehensive plan but may suggest appropriate language as part of the court decision.

39.4

In the case of an aggrieved party, where the court has found that the enactment or amendment of the zoning ordinance 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 the enactment or amendment within 30 days.

39.5

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 and to award compensation. Furthermore, the superior court shall retain jurisdiction to determine the amount of an award of compensation for any temporary taking, if that taking shall exist.

39.6

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

(Ord. No. 2024-5, 6-18-2024)

If any provision of this ordinance or of any rule, regulation, or determination made thereunder, or the application thereof to any person, agency, or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the ordinance, rule, regulation, or determination and the application of the provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections of this ordinance shall not affect the validity of the remainder of the ordinance.

(Ord. No. 2024-5, 6-18-2024)