The zoning regulations and districts set forth
in this chapter have been established in accordance with the Glocester
Comprehensive Community Plan, adopted, and as may be amended, in accordance
with R.I.G.L. § 45-22.2, and for the following purposes,
each with equal priority and numbered for reference purposes only:
A.
Promoting the public health, safety, and general welfare;
B.
Providing for a range of uses and intensities of use
appropriate to the character of the Town and reflecting current and
expected future needs;
C.
Providing for orderly growth and development which
recognizes:
(1)
The goals and patterns of land use contained in the
Comprehensive Plan of the Town adopted pursuant to Rhode Island General
Laws, Title 45, Chapter 22.2;
(2)
The natural characteristics of the land, including
its suitability for use based on soil characteristics, topography,
and susceptibility to surface and groundwater pollution;
(3)
The values and dynamic nature of freshwater ponds,
shorelines and wetlands;
(4)
The values of unique or valuable natural resources
and features;
(5)
The availability and capacity of existing and planned
public and/or private services and facilities;
(6)
The need to shape and balance development; and
(7)
The use of innovative development regulations and
techniques.
D.
Providing for the control, protection, and/or abatement
of air, water, groundwater, and noise pollution, and soil erosion
and sedimentation;
E.
Providing for the protection of the natural, historic,
cultural, and scenic character of the Town;
F.
Providing for the preservation and promotion of agricultural
production, forest, silviculture, aquaculture, timber resources, and
open space;
G.
Providing for the protection of public investment
in transportation, water, stormwater management systems, sewage treatment
and disposal, solid waste treatment and disposal, schools, recreation,
public facilities, open space, and other public requirements;
H.
Promoting a balance of housing choices, for all income
levels and groups, to assure the health, safety and welfare of all
citizens and their rights to affordable, accessible, safe, and sanitary
housing;
I.
Providing opportunities for the establishment of low-
and moderate-income housing;
J.
Promoting safety from fire, flood, and other natural
or man-made disasters;
K.
Promoting a high level of quality in design in the
development of private and public facilities;
L.
Promoting implementation of the Glocester Comprehensive
Plan adopted pursuant to Title 45, Chapter 22.2, of the Rhode Island
General Laws;
M.
Providing for coordination of land uses with contiguous
municipalities, other municipalities, the state, and other agencies,
as appropriate, especially with regard to resources and facilities
that extend beyond municipal boundaries or have a direct impact on
that municipality;
N.
Providing for efficient review of development proposals,
to clarify and expedite the zoning approval process;
O.
Providing for procedures for the administration of
this chapter, including, but not limited to, variances, special use
permits, and, where adopted, procedures for modifications.
The districts and regulations contained in this
chapter are made in accordance with and consistent with the Glocester
Comprehensive Community Plan, as adopted and as may be amended. In
the instance of uncertainty in the construction or application of
any section of this chapter, the chapter shall be construed in a manner
that will further the implementation of, and not be contrary to, the
goals and policies and applicable elements of the Glocester Comprehensive
Community Plan.
Any change in this chapter that may have an effect upon a contiguous municipality or other agencies of local or state government shall allow for the coordination of affected or interested parties in the ordinance amendment, adoption and revision process, as specified § 350-7E(8) of this chapter, and as may be required in Title 45, Chapter 22.2 of the Rhode Island General Laws.
A.
Use: No building, structure, premises or land shall
be occupied, used, erected, constructed, reconstructed, altered, moved
or enlarged for any use other than that which is permitted in the
zone in which such building, structure or premises is located. No
building, structure, premises or land shall hereafter be used for
any use other than is permitted in the zone in which it is located,
except as herein provided. Any use not specifically listed or otherwise
permitted in a district hereafter established by this chapter shall
be deemed prohibited.
B.
Dimension: No building or structure shall hereafter
be erected, constructed, reconstructed, altered, moved or repaired
to exceed the dimensional limits established for the zone within which
such building or structure is located, except as hereafter so provided.
C.
Density: No land shall be altered, divided, subdivided
and no lot or lots shall be created, used or occupied unless in conformity
with the density and dimensional requirements of this chapter.
D.
Notwithstanding any provision of this chapter, structure, buildings, and land may be erected and/or used by the Town of Glocester, or any agency or department thereof, for public or municipal purposes in any zoning district, and said structures, buildings, and lands so erected or used shall be exempt from the provisions of this chapter. Prior to exercising the exemption, the Town Council shall hold a public hearing in accordance with § 350-7E(8).
[Added 11-18-2021, effective 11-18-2021]
The following words, terms and phrases, when
used in this chapter, shall have the following meanings ascribed to
them and shall be controlling. Terms not defined herein shall have
the meanings customarily assigned to them.
One whose property abuts, that is, adjoins at a border, boundary,
or point with no intervening land.
An accessory dwelling unit for the sole use of one or more
members of the family of the occupant or occupants of the principal
residence, but not needing to have a separate means of ingress and
egress.
A use of land or of a building, or portion thereof, customarily
incidental and subordinate to the principal use of the land or building.
An accessory use may be restricted to the same lot as the principal
use. An accessory use shall not be permitted without the principal
use to which it is related.
An aggrieved party, for purposes of this chapter, shall be:
A structure designed, constructed and primarily intended
for support of an agricultural operation, such as, but not limited
to, storage of farm animals, implements and equipment, supplies or
products, and the production of farm-related products, that contains
no residential use and is not open to the public. Residential structures
and residential garages shall not be considered as agricultural buildings.
[Added 6-6-2019, effective 6-6-2019]
As defined in R.I.G.L. 45-22.2-4, land suitable for agriculture
by reason of suitability of soil or other natural characteristics
or past use for agricultural purposes. Agricultural land includes
that defined as prime farmland or additional farmland of statewide
importance for Rhode Island by the Soil Conservation Service of the
United States Department of Agriculture.
[Amended 6-6-2019, effective 6-6-2019]
Any commercial enterprise which has as its primary purpose
horticulture, viticulture, viniculture, floriculture, forestry, dairy
farming, or aquaculture, or the raising of livestock, fur-bearing
animals, poultry or bees, or as such definition may be amended from
time to time in § 2-23-4 of the Rhode Island General Laws entitled
"The Rhode Island Right to Farm Act."
[Added 6-6-2019, effective 6-6-2019]
Cultivated or raised plant and animal life that has been harvested or processed for consumption, including feed and forage; floriculture and nursery products; grains; herbs; vegetables; fruits and nuts; viticulture; honey; eggs; dairy; cattle; sheep; poultry; game and game birds; and fiber for clothing. All uses listed in § 350-12, Prohibited uses, remain prohibited.
[Added 6-6-2019, effective 6-6-2019]
Products, other than agricultural products as defined in this section, which are built, constructed, or crafted on a farm by the landowner and/or his/her family members such as crafts, art, books, clothing or quilts. This definition also includes hand garden tools, lawn and garden supplies such as potting soil, peat moss or other soil amendments, seed, pots, planters and similar items. This definition specifically excludes products which, by their very nature must be manufactured in a commercial or industrial location, including, but not limited to, automotive products, farm machinery, lawn mowers, chain saws, fabricated metal products, tools, or hardware. All uses listed in § 350-12, Prohibited uses, remain prohibited.
[Added 6-6-2019, effective 6-6-2019]
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in Title 1, Chapter
3 of the Rhode Island General Laws.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities,
or an enlargement whether by extension of a side or by increasing
in height or by movement from one location or position to another.
A device utilized to emit or receive radio frequency communications,
including antenna configurations such as panel antennas, whip-style
antennas, dish antennas and multielement antennas.
An owner or authorized agent of the owner submitting an application
or appealing an action of any official, board or agency.
The completed form or forms and all accompanying documents,
exhibits, and fees required of an applicant by an approving authority
for development review, approval, or permitting purposes.
Any sign or advertising device not related to a use on the
lot regardless of its size or dimensions.
The Zoning Board of Review of the Town of Glocester.
An establishment where beer and malt beverages are made on
the premises in conjunction with a restaurant or bar, and where 40%
or more of the product made on-site is sold on-site. Brewpubs may
distribute to off-site accounts or sell beer to take away in accordance
with state law. A manufacturer's license to make alcoholic beverages
under R.I.G.L. shall be required, and such establishments must meet
all licensing requirements for local food service.
[Added 1-16-2020; effective 1-16-2020]
Land which is maintained in either a natural or landscaped
state, and is used to screen and/or mitigate the impacts of development
on surrounding areas, properties or rights-of-way.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The three-dimensional space within which a structure is permitted
to be built on a lot and which is defined by regulations governing
building setbacks, maximum height, and bulk; by other regulations;
and/or any combination thereof.
The vertical distance from grade, as determined by the Town,
to the top of the highest point of the roof or structure. The distance
may exclude spires, chimneys, flagpoles, and the like.
A method of disguising or reducing the visibility of wireless
facilities, towers and antennas through painting, enclosing, shielding
behind or inside another structure.
A site planning technique that concentrates buildings in
specific areas on the site to allow the remaining land to be used
for recreation, common open space, and/or preservation of environmentally,
historically, culturally, or other sensitive features and/or structures.
The techniques used to concentrate buildings shall be specified in
this chapter and may include, but are not limited to, reduction in
lot areas, setback requirements, and/or bulk requirements, with the
resultant open land being devoted by deed restrictions for one or
more uses. Under cluster development there is no increase in the number
of lots that would be permitted under conventional development except
where chapter provisions include incentive bonuses for certain types
or conditions of development.
A structure utilized for seed germination, plant propagation,
hardening-off of, forcing or maintenance of a controlled climate to
sustain plant growth otherwise not possible in natural out-of-door
surroundings.
[Added 6-6-2019, effective 6-6-2019]
Either:
A home or residential facility where children and/or adults
reside in a family setting and may or may not receive supervised care.
This shall not include halfway houses or substance abuse treatment
facilities. This shall include, but not be limited to the following:
Whenever six or fewer retarded children or adults
reside in any type of residence in the community, as licensed by the
state pursuant to Chapter 24 of Title 40.1 of the Rhode Island General
Laws. All requirements pertaining to local zoning are waived for these
community residences;
A group home providing care or supervision,
or both, to not more than eight mentally disabled or mentally handicapped
or physically handicapped persons, and licensed by the state pursuant
to Chapter 24 of Title 40.1 of the Rhode Island General Laws;
A residence for children providing care or supervision,
or both, to not more than eight children, including those of the caregiver,
and licensed by the state pursuant to Chapter 72.1 of Title 42 of
the Rhode Island General Laws;
A community transitional residence providing
care or assistance, or both, to no more than six unrelated persons
or no more than three families, not to exceed a total of eight persons,
requiring temporary financial assistance, and/or to persons who are
victims of crimes, abuse, or neglect, and who are expected to reside
in that residence not less than 60 days nor more than two years. Residents
will have access to and use of all common areas, including eating
areas and living rooms, and will receive appropriate social services
for the purpose of fostering independence, self-sufficiency, and eventual
transition to a permanent living situation.
The Comprehensive Plan adopted and approved pursuant to Title
45, Chapter 22.2 of the Rhode Island General Laws; and any zoning
ordinance adopted shall be in compliance with said aforementioned
chapter.
A type of land development project which allows a community
to guide growth to the most appropriate areas within a parcel of land
to avoid impacts to the environment and to protect the character-defining
features of the property. See Glocester Land Development and Subdivision
Regulations.[1]
[Added 11-15-2007, effective 12-20-2007]
A residential subdivision in which all land being subdivided
is dedicated to either development lots or street right-of-way; not
a conservation development.
[Added 11-15-2007, effective 12-20-2007]
A plan of a conventional subdivision or land development
project (as opposed to a conservation development) that depicts the
maximum number of single-family building lots or dwelling units that
could reasonably be built on a parcel of land under current zoning,
taking into account the presence of physical constraints to development,
such as wetlands, or other land unsuitable for development.
[Added 11-15-2007, effective 12-20-2007]
A required turnaround at the termination of a dead-end street, the right-of-way diameter of which is required to be as set forth in Chapter 300, Subdivision of Land.
DAY-CARE CENTERAny other day-care center which is not a family day-care home.
FAMILY DAY-CARE HOMEAny home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the caregiver, but may not contain more than a total of eight individuals receiving day care.
A business that provides a variety of services for the purpose
of improving health, beauty and relaxation through personal care treatments.
[Added 1-16-2020; effective 1-16-2020]
The number of dwelling units per unit of land.
The construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any structure; any mining,
excavation, landfill or land disturbance; any change in use, or alteration
or extension of the use, of land.
The process whereby authorized local officials review the
site plans, maps, and other documentation of a development to determine
the compliance with the stated purposes and standards of this chapter.
An establishment or facility that manufactures intoxicating
liquor on premises and has been issued a manufacturer's license under
applicable R.I.G.L. § 3-6-1.
[Added 1-16-2020; effective 1-16-2020]
See "zoning use district."
A system for the removal of water from land by drains, grading,
or other appropriate means. These techniques may include runoff controls
to minimize erosion and sedimentation during and after construction
or development, the means for preserving surface and groundwaters,
and the prevention and/or alleviation of flooding.
A business enterprise where goods such as, but not limited
to, food, beverages, retail commodities, or services, such as, but
not limited to, banking or car wash services, are sold or transacted
outside the confines of a building or portion thereof, in such a manner
that customers are not usually required to leave their vehicles.
Two single dwelling units, within the same structure, each
with separate entrances divided by a common party wall and/or floor
assembly.
A structure or portion thereof providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking, and sanitation, and containing
a separate means of ingress and egress.
The extraction, or removal of any soil, loam, sand, gravel, or clay from deposits on a tract of land, as regulated and licensed by the Town Council under Chapter 166, Earth Removal, as may be amended.
Commercial horse facilities, including boarding stables,
riding schools, horse exhibition facilities, and riding areas. This
includes barns, stables, corrals, and paddocks accessory and incidental
to above uses.
[Added 6-6-2019, effective 6-6-2019]
The extraction of minerals, including solids, such as coal
and ores; liquids, such as crude petroleum; and gases, such as natural
gases. The term also includes quarrying; well operation; milling,
such as crushing, screening, washing, and flotation; and other preparation
customarily done at the extraction site or as a part of the extractive
activity.
A person or persons related by blood, marriage, or other
legal means. See also "household."
Agricultural land together with principal and accessory buildings,
upon which agricultural operations are conducted or operated by an
individual or business entity with a state farm tax number issued
pursuant to R.I.G.L. § 44-18-30(32).
[Added 6-6-2019, effective 6-6-2019]
SMALL FARMA tract of land occupying less than 10 contiguous acres which meets the above definition.
MEDIUM FARMA tract of land occupying at least 10 contiguous acres but less than 25 contiguous acres which meets the above definition.
LARGE FARMA tract of land occupying at least 25 contiguous acres that meets the above definition.
A type of farm-based retail in a farm retail sales building
engaged in the sale and service of food and beverages to order, prepared
and consumed at a farm, and which operates as an accessory use clearly
subordinate to the farm operation. The food service must be in compliance
with applicable state regulations and have no more than 20 seats for
patrons.
[Added 6-6-2019, effective 6-6-2019]
Production and sales in compliance with R.I.G.L. § 21-27-6.1
which allows the production of jams, jellies, preserves, vinegars,
double-crust pies, yeast breads, maple syrup, candies/fudges, and
dried herbs/spices. All food, to the extent possible, must use Rhode
Island-grown produce.
[Added 6-6-2019, effective 6-6-2019]
The processing of all agricultural products raised on the premises as defined in this section subject to all applicable state and Town regulations and licensing requirements. The processing of agricultural products not raised on the premises is allowed by a special use. This definition specifically excludes any processing activities that would by their very nature be typically processed in a commercial or industrial location, including but not limited to any process that would use hazardous materials as defined by the U.S. Environmental Protection Agency and the U.S. Occupational Safety and Health Administration or generate objectionable odors, dust, noise or smoke and all uses listed in § 350-12, Prohibited uses.
[Added 6-6-2019, effective 6-6-2019]
A building located upon a farm, not exceeding 1,200 square
feet in gross floor area per farm, the principal use of which is the
sale of farm or farm-related products at retail to the general public.
[Added 6-6-2019, effective 6-6-2019]
An agricultural operation that grows and processes grapes,
other fruit products, grains or vegetables to produce wine, beer or
spirits in accordance with RI General Laws section 3-6-1. Processing
includes wholesale sales, crushing, brewing, distilling, fermenting,
blending, aging, storage, bottling, and administrative office functions.
Retail sales and tasting facilities of wine, beer, spirits and related
promotional items, as well as a farm café with limited food
service, may be permitted as part of the winery, brewery or distillery
operations.
[Added 6-6-2019, effective 6-6-2019]
The use of an owner-occupied dwelling or of a building accessory
thereto as a place for an office or incidental storage of supplies
and equipment in conjunction with an off-premises trade by a builder,
carpenter, electrician, painter, plumber, arborist, logger, or similar
contractor who resides on-site where such use is clearly subordinate
to the primary use of the premises as a farm, employs no more than
four nonresident employees and involves no retail sales from the premises.
Uses such as the transportation of fuel, oil, wastewater, or hazardous
waste, as defined by Rhode Island Department of Environmental Management
hazardous waste regulations, are not permitted as a farm-based contracting
business. Nothing herein shall prevent a farm owner from having a
fuel truck available to fuel on-site machinery.
[Added 6-6-2019, effective 6-6-2019]
The retailing on a farm of agricultural products.
[Added 6-6-2019, effective 6-6-2019]
An occasional or periodic market, with goods offered for
sale to the general public by individual sellers from open-air or
semienclosed facilities or temporary structures. The market is composed
of vendors with outdoor stalls, stands or spaces used for the purpose
of display and sale of merchandise, which is limited to home-produced
or locally grown farm/forest products, food, and agricultural crafts.
[Added 6-6-2019, effective 6-6-2019]
An unmapped zoning district adopted within the chapter which
is established on the Zoning Map only when an application for development,
meeting the zone requirements, is approved.
An area that has a one-percent or greater chance of inundation
in any given year, as delineated by the Federal Emergency Management
Agency pursuant to the National Flood Insurance Act of 1968, as amended.
Water found underground which completely fills the open spaces
between the particles of sand, gravel, clay, silt, and consolidated
rock fractures. The zone of materials filled with groundwater is called
the "zone of saturation."
As defined in Article 2, Section 201, of the Rhode Island
State Building Code (RISBC SBC-1), as amended.
A residential facility for adults or children who have been
institutionalized for criminal conduct and who require a group setting
to facilitate the transition to a functional member of society.
A determination rendered by the Zoning Board of Review that
is consistent with the requirements of R.I.G.L. § 45-24-41.
As defined in R.I.G.L. § 45-22.2-4.
Any activity customarily carried out for gain by a resident,
conducted as an accessory use in the resident's dwelling unit located
within a residentially zoned area, but not to include any dealing
and/or selling of firearms or related products.
One or more persons living together in a single dwelling
unit, with common access to, and common use of, all living and eating
areas and all areas and facilities for the preparation and storage
of food within the dwelling unit. The term "household unit" shall
be synonymous with the term "dwelling unit" for determining the number
of such units allowed within any structure on any lot in a zoning
district. An individual household shall consist of any one of the
following:
The process whereby the local authority may grant additional
development capacity in exchange for the developer's provision of
a public benefit or amenity as specified in local ordinances.
Facilities and services needed to sustain residential, commercial,
industrial, institutional, and other activities.
A project in which one or more lots, tracts, or parcels of
land are to be developed or redeveloped as a coordinated site for
a complex of uses, units or structures, including, but not limited
to, planned development, conservation development and/or cluster development
for residential, commercial, institutional, recreational, open space,
and/or mixed uses as may be provided for in this chapter.
[Amended 11-15-2007, effective 12-20-2007]
Total lot area less land unsuitable for development.
[Amended 11-15-2007, effective 12-20-2007]
Land which has environmental constraints or physical constraints to development. The regulations in § 350-58 shall apply.
[Added 11-15-2007, effective 12-20-2007]
An establishment where beer or malt beverages are made on
premises with a total production greater than 50,000 gallons per year.
A manufacturer's license to make alcoholic beverages in accordance
with R.I.G.L.§ 3-6-1, as amended, is required.
[Added 1-16-2020; effective 1-16-2020]
Sometimes referred to as “high-intensity facilities.”
These facilities are considered to be greater than 125 feet in height
or are designed to carry antenna arrays for more than four telecommunications
carriers.
A lot line separating a lot from an adjacent street.
Any farm animal used for profit or sale.
[Added 6-6-2019, effective 6-6-2019]
Either:
The basic development unit for determination
of lot area, depth, and other dimensional regulations; or
A parcel of land whose boundaries have been
established by some legal instrument such as a recorded deed or recorded
map and which is recognized as a separate legal entity for purposes
of transfer of title.
The total area within the boundaries of a lot, excluding
any street right-of-way, usually reported in acres or square feet.
That portion of the lot that is or may be covered by buildings
and accessory buildings.
A lot at the junction of and fronting on two or more intersecting
streets.
The distance measured from the front lot line to the rear
lot line. For lots where the front and rear lot lines are not parallel,
the lot depth is an average of the depth.
That portion of a lot abutting a street. A zoning ordinance
shall specify how noncontiguous frontage will be considered with regard
to minimum frontage requirements.
A line of record, bounding a lot, which divides one lot from
another lot or from a public or private street or any other public
or private space and shall include:
FRONTThe lot line separating a lot from a street right-of-way.
REARLot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and
SIDEAny lot line other than a front or rear lot line. On a corner lot, a side lot line may be a street lot line, depending on requirements of this chapter.
A parcel of land recorded by deed or plat in the office of
the Town Clerk of Glocester.
A lot which fronts upon two parallel streets, or which fronts
upon two streets which do not intersect at the boundaries of the lot.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum front setback line.
[Added 3-16-2017, effective 3-16-2017]
CAREGIVER CULTIVATIONMarijuana cultivation for medical use only by a single registered caregiver cardholder, as defined by R.I.G.L. § 21-28.6.
COMPASSION CENTERAs defined in R.I.G.L. § 21-28.6-3, a not-for-profit entity registered under R.I.G.L. § 21-28.6-12 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder or authorized purchaser.
MARIJUANA CULTIVATION CENTERAny entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport or supply marijuana, medical or otherwise, to a registered compassion center, or other entity authorized to dispense marijuana.
MARIJUANA EMPORIUMAny retail or commercial establishment, or club, whether for-profit, nonprofit, or otherwise, at which the sale or use of marijuana, medical or otherwise, takes place. This shall include without limitation any so-called "vape lounge," or any other establishment at which marijuana, medical or otherwise, is consumed in vaporized form. This shall not include a compassion center or medical marijuana cultivation center regulated and licensed by the State of Rhode Island, as defined herein.
MARIJUANA STOREAny retail establishment at which the sale or use of marijuana, medical or otherwise, takes place. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein.
MARIJUANA TESTING PROVIDERAny entity that, under state law, may perform independent testing of marijuana or marijuana products, medical or otherwise.
NONRESIDENTIAL COOPERATIVE CULTIVATIONA use of land located in a nonresidential zone, or of a building, or portion thereof, located in a nonresidential zone, for the cultivation of marijuana by two or more cardholders, as defined in R.I.G.L. § 21-28.6-3.
RESIDENTIAL COOPERATIVE CULTIVATIONA use of land located in a residential zone, or of a building, or a portion thereof, located in a residential zone, for the cultivation of marijuana by two or more cardholders, as defined by R.I.G.L. § 21-28.6-3.
PERSONAL MARIJUANA CULTIVATIONMarijuana cultivation by a single registered cardholder, as defined by R.I.G.L. § 21-28.6, within his or her residential dwelling for medical use only. This use shall only be permitted as an accessory use to a lawfully permitted residential use. In a mixed-use building that contains residential and nonresidential uses, this use shall be contained within the residential dwelling unit only. Please refer to § 350-58.1 for additional criteria for personal marijuana cultivation.
A standard which is considered by the Zoning Board of Review
in applications for variances, pursuant to Title 45, Chapter 24-41
of the Rhode Island General Laws.
An establishment where beer or malt beverages are made on
premises with a total production of 50,000 gallons per year or less.
A manufacturer's license to make alcoholic beverages in accordance
with R.I.G.L. § 3-6-1, as amended, is required.
[Added 1-16-2020; effective 1-16-2020]
A mixture of land uses within a single development, building,
or tract.
The preparation of meat for human consumption using a United
States Department of Agriculture Food Safety and Inspection Service-inspected
mobile slaughter unit.
[Added 6-6-2019, effective 6-6-2019]
Permission granted and administered by the zoning enforcement
officer of the city or town, and pursuant to the provisions of this
chapter contained herein to grant a dimensional variance other than
lot area requirements from this chapter to a limited degree as determined
by this chapter, but not to exceed 25% of each of the applicable dimensional
requirements.
A structure or group of structures which provide sleeping
rental units for temporary occupancy, in which each rental unit has
a private entrance direct to the outside or a corridor and in which
each rental unit has its own sanitary facilities. Motels include motor
courts, tourist courts, cabins, motor lodges, and similar facilities.
A residential building designed for or occupied by three
families or more, with the number of families in residence not to
exceed the number of dwelling units provided.
A building, structure, or parcel of land, or use thereof,
lawfully existing at the time of the adoption or amendment of a zoning
ordinance and not in conformity with the provisions of such ordinance
or amendment. Nonconformance shall be of only two types:
Nonconforming by use: a lawfully established
use of land, building, or structure which is not a permitted use in
that zoning district. A building or structure containing more dwelling
units than are permitted by the use regulations of a zoning ordinance
shall be nonconforming by use; or
Nonconforming by dimension: a building, structure,
or parcel of land not in compliance with the dimensional regulations
of this chapter. Dimensional regulations include all regulations of
this chapter, other than those pertaining to the permitted uses. A
building or structure containing more dwelling units than are permitted
by the use regulations of this chapter shall be nonconforming by use;
a building or structure containing a permitted number of dwelling
units by the use regulations of this chapter, but not meeting the
lot area per dwelling unit regulations, shall be nonconforming by
dimension.
A farm designed to grow and temporarily store plants that
will be purchased, installed and maintained at another site. May sell
accessory goods such as planters, soil, compost, and hand-held gardening
tools.
[Added 6-6-2019, effective 6-6-2019]
A district established in a zoning ordinance that is superimposed
on one or more districts or parts of districts and that imposes specified
requirements in addition to, but not less than, those otherwise applicable
for the underlying zone.
A set of criteria or limits relating to elements which a
particular use or process either must meet or may not exceed.
A use by right which is specifically authorized in a particular
zoning district.
Fee-based operations on farms that allow customers to harvest
farm products.
[Added 6-6-2019, effective 6-6-2019]
A land development project, as defined herein, and developed
according to plan as a single entity and containing one or more structures
and/or uses with appurtenant common areas.
A review meeting of a proposed development held between applicants
and reviewing agencies as permitted by law and municipal ordinance,
before formal submission of an application for a permit or for development
approval.
A freestanding structure or vehicle located upon a farm,
the principal use of which is the sale of agricultural products at
retail to the general public. A product stand shall not exceed 200
square feet.
[Added 6-6-2019, effective 6-6-2019]
An occupation and office use to carry out professional activities
relating to an activity that properly involves a scientific or artistic
education or its equivalent and usually mental rather than manual
labor.
As used in this chapter, refers to use and not ownership.
A building or premises, or portion thereof, arranged, intended,
or designed to be used for the sale of gasoline or other motor vehicle,
airplane or motorboat fuel, oils and accessories for the use of motor
vehicles and the rendering of services such as lubrication, washing,
minor repairs with hand tools where such service facilities are incidental
to such principal filling station uses but not including body or fender
work or major repairs.
A line or lines parallel to a lot line at the minimum distance
of the required setback for the zoning district in which the lot is
located that establishes the area within which the principal structure
must be erected or placed.
The development plan for one or more lots on which is shown
the existing and/or the proposed conditions of the lot.
Any naturally occurring unprocessed earth, sand, clay, loam,
gravel, humus, or similar loose earth product, including topsoil.
Sometimes referred to as “low-intensity facilities.”
These facilities are considered to be 125 feet or less in height or
are designed to carry four or fewer telecommunications carriers.
A regulated use which is permitted pursuant to the special
use permit issued by the authorized governmental entity, pursuant
to Title 45, Chapter 24-42 of the Rhode Island General Laws; formerly
referred to as a “special exception.”
Includes streets, avenues, highways, boulevards, parkways,
roads, lanes, alleys, and other public ways.
A lot line separating a lot from an adjacent street.
A combination of materials to form a construction for use,
occupancy, or ornamentation, whether installed on, above, or below,
the surface of land or water.
Any lot lawfully existing at the time of adoption or amendment
of this chapter and not in conformance with the dimensional and/or
area provisions of this chapter.
An establishment in which tattooing is carried out professionally.
[Added 1-16-2020; effective 1-16-2020]
An installation that provides for the transmission or reception
of any type of radio communications.
Any structure constructed for the purpose of elevating and/or
supporting of antenna from ground level such as a lattice tower or
monopole.
Shall refer to and be interpreted to mean the Town of Glocester.
Any vehicle or similar portable structure designed and constructed
so as to permit the occupancy thereof as a dwelling by one or more
persons and so designed and constructed that it is or may be mounted
on wheels and used as a conveyance on a street or highway, propelled
or drawn by its own or other motive power.
The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are occupied
or maintained.
Permission to depart from the literal requirements of this
chapter; an authorization for the construction or maintenance of a
building or structure, or for the establishment or maintenance of
a use of land, which is prohibited by this chapter. There shall be
only two categories of variance: a use variance or a dimensional variance.
USE VARIANCEPermission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this chapter.
DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this chapter, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, 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.
All surface waters, including all waters of the territorial
sea, tidewaters, all inland waters of any river, stream, brook, pond,
or lake, and wetlands.
Includes, but shall not be limited to, marshes; swamps; bogs;
ponds; rivers; river and stream floodplains and banks; areas subject
to flooding or storm flowage; emergent and submergent plant communities
in any body of fresh water, including rivers and streams and that
area of land within 50 feet of the edge of any bog, marsh, swamp or
pond.
An establishment or facility that produces or manufactures
and bottles wine on the premises for sale. A manufacturer's license
to make alcoholic beverages in accordance with R.I.G.L. § 3-6-1.,
as amended, shall be required.
[Added 1-16-2020; effective 1-16-2020]
An installation at one site that facilitates the provision
by one service provider of a personal wireless service as defined
by the Federal Telecommunications Act of 1996, as amended; the combination
of a complete set of equipment that facilitates the provision of wireless
services. Such equipment typically includes base station equipment,
and related hardware, antennas, interconnecting cables and antenna
supports (mounts).
An open space on the same lot with a principal building or
structure, unoccupied and unobstructed by a building or structures.
The area between the street line and the minimum setback
line extending between side lot lines.
The area between the rear lot line and the minimum rear yard
setback line extending between side lot lines.
A required yard extending from the rear of the required front
yard to the front of the rear yard.
A document signed by the zoning enforcement officer, as required
in this chapter, which acknowledges that a use, structure, building
or lot either complies with or is legally nonconforming to the provisions
of this chapter or is an authorized variance or modification therefrom.
The map or maps which are a part of the zoning ordinance
and which delineate the boundaries of all mapped zoning districts
within the physical boundary of the Town.[2]
An ordinance enacted by the legislative body of the Town
pursuant to Title 45, Chapter 24 of the Rhode Island General Laws
and in the manner providing for the adoption of ordinances in the
Town's home rule charter, which sets forth regulations and standards
relating to the nature and extent of uses of land and structures,
which is consistent with the Comprehensive Plan of the Town as defined
in Title 45, Chapter 22.2 of the Rhode Island General Laws, which
includes a Zoning Map, and which complies with the provisions of said
chapter.
The basic unit in zoning, either mapped or unmapped, to which
a uniform set of regulations applies, or a uniform set of regulations
for a specified use. The districts include, but are not limited to:
agricultural, commercial, industrial, institutional, open space, and
residential. Each district may include subdistricts. Districts may
be combined.
[2]
Editor's Note: The Zoning Map is included at the end of this chapter.
A.
For the purpose of this chapter, the Town of Glocester
is hereby divided into the following districts:
|
A-4
|
Agricultural-Residential
|
This district is intended for agricultural use
and low-density single-family dwellings, detached structures, located
on lots containing a minimum lot area of four acres
| |
|
A-3
|
Agricultural-Residential
|
This district is intended for agricultural use
and low-density single-family dwellings, detached structures, located
on lots containing a minimum lot area of three acres
| |
|
R-2
|
Residential
|
This district is intended for single-family
dwellings, detached structures, located on lots containing a minimum
lot area of two acres
| |
|
B-1
|
Neighborhood Commercial
|
This district is intended for commercial uses
that primarily serve local neighborhood market needs for convenience
retail, services and professional office establishments
| |
|
B-2
|
Highway Commercial
|
This district is intended for commercial uses
that serve Town-wide or regional market needs for retail, services
and professional office establishments
| |
|
I
|
Industrial
|
This district is intended to provide for general
manufacturing and industrial uses
|
B.
Special provisions. These districts comprise overlay,
floating or special-purpose designations that are superimposed on
existing zoning district(s) or portion(s) thereof and which are intended
to impose specific requirements and standards, in addition to or in
place of the otherwise applicable and/or existing regulations. These
districts exist as follows:
(1)
Historic District. This district is structured in
accordance with Title 45, Chapter 24.1, of the Rhode Island General
Laws, as amended, to preserve districts and specific buildings of
the Town of Glocester which reflects elements of its cultural, social,
economic, political, and architectural history, to stabilize and improve
property values in the historic districts, to preserve specific buildings,
to foster civic beauty, to strengthen the local economy and to promote
the use of such districts and specific buildings for the education,
pleasure and welfare of the residents of the Town of Glocester.
(2)
Flood Hazard Area. This district is established to
govern the development and use of land subject to flood hazards, as
defined as wholly or partly within Zone A and Zones A1-A30 as identified
on the Flood Insurance Rate Map as part of the Flood Insurance Study,
which also includes the Flood Boundary and Floodway Map, compiled
by the Federal Emergency Management Agency.
(3)
Planned District. This district is intended to encourage
and provide a means for effectuating desirable residential, industrial
and commercial development, and conservation in the Town of Glocester,
which will feature variations in siting mixed land uses and/or varied
dwelling types; to preserve open space for community facilities and
aesthetic considerations; and to provide more efficient and economical
services and facilities to the residents of the area.
(4)
Wellhead Protection District. (Reserved)
(5)
Residential Compound District. (Reserved)
(6)
Residential Cluster District. (Reserved)
(7)
Village Overlay District.
[Amended 3-15-2012, effective 4-11-2012]
(8)
Commercial Cluster District. (Reserved)
(9)
Watershed Protection District. (Reserved)
(10)
Natural Resources Protection District. (Reserved)
(11)
Scenic Highway District. (Reserved)
C.
Zoning Map. The location and boundaries of the zoning
districts are hereby established as shown on maps filed in the office
of the Town Clerk, entitled “Official Zoning Map of the Town
of Glocester,” and the Historic District Designation Map, and
are hereby incorporated into and made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map and the Historic
District Designation Map and the Village Overlay District Map are
included at the end of this chapter.
A.
Zoning Officer. A zoning officer, hereinafter referred
to as “Inspector,” shall be appointed by the Town Council.
The minimum qualifications of the Inspector shall be the ability to
intelligently interpret this chapter and to enforce the chapter in
an effective, firm and tactful manner, and to carry out such other
related duties as may be required from time to time by the Town Council.
B.
Zoning Officer duties. The Inspector shall enforce
the provisions of this chapter, unless otherwise specified. No application,
building permit or zoning certificate, plan specification or intended
use which is not in accordance with the provisions of this chapter
shall be approved by the Inspector. In addition, the following duties
shall be administered by the Inspector:
(1)
Issue zoning certificates.
(a)
Issue zoning certificates, upon written application,
which shall be required for any of the following:
[1]
Proposed occupancy and intended use of a building
hereinafter erected, enlarged, or relocated.
[2]
Proposed change in use of an existing building
to a use of different classification.
[3]
Proposed change in the use of land to a different
use.
[4]
Proposed change in use of a nonconforming use.
[5]
Proposed driveway access to a state or Town
road.
(b)
No such occupancy, use, change in use, driveway
access or sign shall be initiated until the Inspector has issued a
written zoning certificate stating that such conforms to all provisions
of this chapter. If there is such conformity, such zoning certificate
will be issued within five days of the receipt of written application
for same is received by the Inspector.
(c)
Written application for a zoning certificate
for a new building or for an existing building which is intended to
be enlarged shall be made at the same time as the application for
the building permit for such building. No building permit for the
erection of any building shall be issued before application has been
made for a zoning certificate.
(d)
The Inspector may require that copies of plans,
specifications and other such information as he may deem necessary
be filed with the application for such certificate.
(e)
Pending the issuance of such a certificate,
a temporary zoning certificate may be issued by the Inspector for
a period of not more than six months during the completion of the
construction of a building or of alterations, which are required under
the terms of any law or ordinance. Such temporary certificate shall
not be construed in any way to alter the respective rights, duties
or obligations of the owner or the Town relating to the use or occupancy
of the land or building, or any other matter covered in this chapter,
and such temporary certificate shall not be issued except under such
restrictions and provisions as will adequately insure the safety of
the occupants.
(f)
A record of all zoning certificates shall be
kept on file in the office of the Inspector, and a copy shall be forwarded
to the applicant, Zoning Board of Review, Town Council, and a copy
shall be forwarded, on request, to any person.
(g)
A fee for each copy requested shall be determined
from time to time by the Town Council, in accordance with Title 45,
Chapter 24-59 of the Rhode Island General Laws.
(2)
Review and approve, for zoning compliance, building
permits and certificates of occupancy.
(3)
Collect required fees for variances, special use permits,
and appeal applications.
(4)
Receive and review for proper form all applications
for variances, special use permits, and appeals.
(5)
Transmit all applications to the Zoning Board of Review,
Planning Office, Town Council, and other agents or employees of the
Town as elsewhere specified in this chapter.
(6)
Prepare the calendar of the Zoning Board of Review
in compliance with the Board's adopted rules of procedure.
(7)
Keep records on compliance of uses of land.
(8)
Inspect suspected violations and issue violation notices
in cooperation with the appropriate law enforcement authority or the
Town Solicitor.
(9)
Maintain and update the text and Zoning Map comprising
the zoning ordinance, in coordination with the Town Clerk.
(a)
Changes which impact the Zoning Map shall be
depicted on the Official Zoning Map within 90 days of the authorized
change(s), and amendments to the text shall be included in the ordinance
within 60 days of such authorized change(s). The Town Clerk shall
be the custodian of the official zoning text and Zoning Map which
comprises the zoning ordinance. In addition, the Town Clerk shall
be responsible to receive, in proper form, petitions for amendments
or repeals to the zoning text and/or amendments to the Zoning Map,
as provided for elsewhere in this chapter. The Town Clerk shall also
be authorized to collect fees for such petitions for amendment or
repeal, as set forth and may be amended by the Town Council, in accordance
with Title 45, Chapter 24-59 of the Rhode Island General Laws.
(b)
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.
(10)
Provide printed copies of the zoning ordinance, in
a manner as specified elsewhere in this chapter, to the general public.
A fee shall be charged for said ordinance, as specified and may be
amended by the Town Council, and in accordance with Title 45, Chapter
24-59 of the Rhode Island General Laws. In addition, the Town shall
send a copy of the zoning ordinance, without charge, to the Associate
Director, Division of Planning, Department of Administration, State
of Rhode Island.
C.
Actions and decisions of the Inspector. Actions and
decisions of the Inspector may be appealed to the Zoning Board of
Review, as specified elsewhere in this chapter.
D.
Violations. The erection, construction, reconstruction,
alteration, enlargement or moving of any 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 chapter
is hereby declared to be a violation of this chapter and unlawful.
The Inspector may institute appropriate action(s) against any known
violation(s), as follows:
(1)
Any person, group of persons, or corporation violating
any of the provisions of this chapter or any safeguard or condition
attached to the granting of a special use permit or variance may be
fined not more than $100 for each offense. Each day of the existence
of a violation shall be deemed a separate offense. Immediately upon
notification of any violation, the Town Solicitor shall institute
appropriate action by way of warning or suit or other means in his
discretion to prevent, enjoin, abate or remove such violation, or
to recover fines therefor.
(2)
The Town may cause suit to be brought in the Supreme
or Superior Court, or any municipal court, including a municipal housing
court having jurisdiction, in the name of the Town, to restrain the
violation of, or to compel compliance with, the provisions of this
chapter. The Town may consolidate an action for injunctive relief
and/or fines under this chapter in the Providence County Superior
Court.
E.
Adoption and amendment(s). This chapter may be adopted
and amended by application to the Town Council by a member of the
Town Council, any person, group of persons, corporation or others
desiring such adoption or amendment(s). Any amendment to this chapter,
either the text, map or both, shall be consistent with the Glocester
Comprehensive Community Plan, the Rhode Island Zoning Enabling Act
of 1991, as specified in Title 45, Chapter 22.2 and Chapter 24 of
the Rhode Island General Laws, and the Glocester Home Rule Charter.
An amendment(s) may include the text language, the Zoning Map or a
combination of the text and map. A petition to amend this chapter
may be obtained from and must be filed in the office of the Town Clerk
and shall conform to the following requirements:
(1)
Define the section or subject area that is the subject
of the instant petition and explain the nature of the proposed amendment
and decision sought by the applicant.
(2)
Assert whether the proposed amendment is consistent
with the Glocester Comprehensive Community Plan, which shall include
a specific citation referring to the goals and policies statement,
the implementation program, and all other applicable elements of the
plan.
(3)
Provide the filing fee established, and as may be
amended, by the Town Council, in accordance with Title 45, Chapter
24-59 of the Rhode Island General Laws.
(4)
In the instance where a Zoning Map amendment is proposed,
a map must be submitted showing the shape, dimension and area of the
existing and proposed amendment boundaries for the subject area and
extending out 200 feet from the outer perimeter of the proposed amendment
area, indicating:
(a)
The location of all zoning district boundaries;
(b)
The street numbers and assessor's lot numbers
of all properties;
(c)
The general location, shape, and use of all
existing structures and buildings;
(d)
A listing of all owners of real property located
in or within not less than 200 feet of the perimeter of the area proposed
for amendment, as listed on the most recent real estate tax assessment
records of the town in which the property is located, regardless of
municipal boundaries; and
(e)
Such other information that may be determined
necessary by Town officials for the proper execution of this chapter.
(5)
Assert whether there is a public or quasi-public water
source, or private water source, within 2,000 feet of any real property
that is the subject of the proposed zoning text, map or both, amendment,
regardless of municipal boundaries. In the instance of a text amendment(s)
that affects a district or districts generally, this requirement shall
include a determination as to whether a public or quasi-public water
source is located in or within not less than a two-thousand-foot radius
beyond the municipal boundaries of the Town. Such information shall
be available in the office of the Town Clerk.
(6)
Review process. All petitions for adoption or amendment(s)
to this chapter shall be subject to the following review procedure:
(a)
Upon receipt of a petition to amend the zoning ordinance text, map or both, the Glocester Town Clerk shall transmit a copy of such petition to the Town Council and Planning Board. The Planning Board shall study the proposal and submit an advisory recommendation to the Town Council within 45 days of its receipt of the proposal and give its findings and recommendations as specified in Title 45, Chapter 24 of the Rhode Island General Laws and § 350-7 of this chapter. The Town Council shall hold a public hearing on the instant proposal, after giving proper notice as specified in § 350-8 in this chapter, within 65 days of its receipt of the amendment proposal. The Town Council shall render a decision on any proposal within 45 days after the date of completion of the public hearing. However, these deadlines may be extended by consent of the applicant(s), and these deadlines shall be in accordance with Title 45, Chapters 22.2 and 24 of the Rhode Island General Laws. In addition, within 15 days after the approval of an amendment to this chapter by the Town Council, the Town Clerk shall make copies of such amendment available to the public and shall append copies of such amendment to the record copy of the zoning ordinance. Where an amendment changes the zoning ordinance map, the record copy of said map shall be amended to show the change and a notation shall be made thereon, giving the date of amendment and the appropriate reference into the Town Council records.
(b)
In the instance where an amendment(s) to the zoning ordinance text, map or both is submitted by the Planning Board, the requirements for study by the Board may be waived, provided the proposal by the Planning Board includes its findings and recommendations pursuant to § 350-7E(7)(b) of this chapter and Title 45, Chapter 24, Section 52 of the Rhode Island General Laws.
(c)
In granting a zoning ordinance text, map, or
both, amendment, the Town Council may limit the amendment to one of
those permitted uses in the zone to which the subject land is rezoned,
and impose such limitations, restrictions, and conditions, including,
without limitation:
[1]
Requiring the petitioner to obtain a permit
or approval from any and all state or local government agencies or
instrumentalities having jurisdiction over the land and use which
are the subject of the zoning ordinance amendment;
[2]
Those relating to the effectiveness or continued
effectiveness of the zoning ordinance amendment; and/or
[3]
Those relating to the use of the land, as it
deems necessary. If such limitation, restrictions and/or conditions
are imposed by the Town Council, the Town Clerk shall cause such to
be clearly noted on the zoning ordinance 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 ordinance map until the zone change has become
effective.
(d)
If the permitted use for which the land has
been rezoned is abandoned or if the land is not used for the requested
purposed for a period of two years or more after the amendment becomes
effective, the Town Council may, after a public hearing as specified
elsewhere in this chapter, change the land to its original zoning
use before the petition was filed.
(e)
In the instance where a proposed change to the
zoning ordinance text, map, or both, requires an amendment to the
Comprehensive Community Plan, the Town Council shall first be required
to approve the amendment to the Comprehensive Community Plan prior
to granting the zoning ordinance change, in accordance with the requirements
of this chapter and Title 45, Chapters 22.2 and 24 of the Rhode Island
General Laws.
(7)
Planning Board. The Glocester Planning Board shall
have the following responsibilities with regard to this chapter:
(a)
At least once every two years, the Planning
Board shall review this chapter and make a written report to the Town
Council recommending any amendments deemed appropriate in the light
of current development trends and needs. In addition, whenever changes
are made to the Comprehensive Community Plan of the Town, the Planning
Board shall identify any changes necessary to the zoning ordinance
and/or Zoning Map to maintain consistency between the documents and
forward a written report regarding its findings and proposed changes
to the Town Council.
(b)
Every proposal for an amendment or relief or
repeal of any provision of this chapter shall be forwarded to the
Planning Board for review to determine whether the proposed amendment(s)
or relief or repeal is consistent with the Comprehensive Community
Plan, adopted pursuant to Title 45, Chapter 22.2 of the Rhode Island
General Laws, including the goals and policies statement, the implementation
program, and all other applicable elements of the Comprehensive Community
Plan, and for an advisory opinion regarding the merits of the proposal.
This determination and opinion shall be conveyed in a written report
to the initiating body, within the time allowed as specified elsewhere
in this chapter, that details a demonstration of recognition and consideration
of each of the applicable purposes of the zoning ordinance and sound
principles of planning and land use. In forming this determination
and opinion the Planning Board may solicit the input and advice of
other Town boards, officials and/or experts. The report to be prepared
by the Planning Board shall include a determination whether the instant
proposal is consistent with the Glocester Comprehensive Community
Plan, including the goals and policies statement, the implementation
program, and all other applicable elements of the comprehensive community
plan, or whether an amendment to the Glocester Comprehensive Community
Plan is necessary and proper, as specified in Title 45, Chapters 22.2
and 24 of the Rhode Island General Laws.
(8)
Notification. No amendment to the zoning ordinance
text, map, or both, shall be enacted until after a public hearing
has been held upon the specific proposal before the Town Council.
Prior to the date of the public hearing by the Town Council, the Town
Clerk shall first give notice of the public hearing by publication
of notice in a newspaper of general circulation within 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, at which hearing opportunity shall be given to all persons
interested to be heard upon the matter of the proposed amendment.
(a)
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 the proposed amendment of the zoning
ordinance text, map, or both, that is under consideration;
[3]
Contain a statement of the proposed amendment(s)
to the zoning ordinance text, map, or both, 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;
[5]
State that the proposed amendment(s) 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. However, any amendment or alteration
of the proposal must be presented for comment in the course of the
hearing;
(b)
Notice shall also be sent by certified or registered
mail to the city or town council of any municipality that is located
in or within 200 feet of the boundary of the area proposed for amendment,
or also 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 2,000 feet of any real property that is the subject
of a proposed zoning ordinance amendment, regardless of municipal
boundaries.
(c)
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 ordinance amendment; 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 Glocester
Town Clerk a map survey, which shall be kept as a public record, showing
the areas of surface water resources and/or watersheds and parcels
of land within 2,000 feet thereof.
(e)
In instances where a proposed amendment(s) 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 in § 250-7E(5) and (8), with the following
additional requirements:
[1]
Notice shall include a map showing the existing
and proposed boundaries, zoning district boundaries, and streets and
roads and their names, and municipal boundaries where appropriate;
[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 200 feet of the perimeter of the subject area
proposed for change, whether within the Town or within an adjacent
municipality; such notice shall be sent by registered or certified
mail to the last known address of the owner(s), as shown on the current
real estate tax assessment records of the municipality in which the
property is located.
(f)
Written notice, without charge, 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.
(9)
Repetitive petitions.
(a)
Where the Town Council, in the case of an amendment,
or the Zoning Board of Review, in the case of a special use permit,
or variance, denies the application, the Town Council or the Zoning
Board may not consider another application requesting the same amendment,
special use permit, or variance for a period of one year from the
date of such denial or withdrawal.
(b)
The Town Council or the Zoning Board, as the
case may be, may accept such an application after six months, provided
that the application is accompanied by an affidavit setting forth
facts, to the satisfaction of said Council or Board, showing a substantial
change or circumstances justifying a rehearing.
A.
Membership.
(1)
The Zoning Board of Review, hereinafter called the “Board,” is created. The Board shall be appointed by the Town Council and shall consist of five members, each to hold office for the term of five years; provided, however, that the original appointments shall be made for terms of one, two, three, four, and five years, respectively. The Zoning Board of Review shall also include two alternates to be designated as the first and second alternate members, appointed for terms of one year. 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. No member or alternate may vote on any matter before the Board unless he or she has attended all hearings concerning that matter. If vacancy occurs in the Board, the Town Council shall appoint a new member for the unexpired term. All members of the Board shall be legal residents of the Town, and no member shall be an elected official or salaried employee of the Town. All regular members shall be subject to removal by the Town Council for excessive absences from the Board meetings in accordance with Chapter 27, Meetings, Article I.
(2)
Members of the Board serving on the effective date
of adoption of this chapter shall be exempt from provisions of this
section respecting terms of originally appointed members until the
expiration of their current terms.
B.
Organization. Once each year, the Board shall organize
by electing from its membership a Chair and Vice-Chair. The Board
may engage the services of a secretary or recorder within the limits
of funds available to it or may appoint one of its members secretary.
(1)
Meetings of the Board shall be held at the call of
the Chair and at such other times as the Board may determine; provided,
however, said meetings are in accordance with the notice and open
meeting requirements as specified elsewhere in this chapter and all
applicable General Laws of Rhode Island. 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.
(2)
All meetings of the Board shall be open to the public
and in accordance with all such applicable local and state laws and
regulations. All decisions of the Board shall be made and voted upon
at a public hearing. In conducting meetings and rendering decisions,
the Board shall consist of five participating members; provided, however,
that no participating member of the Board shall participate or pass
on any matter in which there exists a business, professional or personal
interest. If such a conflict occurs, that member shall notify the
Chair of such conflict and recuse himself or herself, and not sit
as a participating member of the Board, nor take part in the conduct
of the hearing before the Board.
(3)
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.
C.
Powers and duties. The Board shall have the following
powers, duties, and obligations.
(1)
Powers and duties:
(a)
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 an administrative officer or agency in the
enforcement or interpretation of this chapter, or of any ordinance
adopted pursuant hereto;
(b)
To hear and decide appeals from a party aggrieved
by a decision of an Historic District Commission, pursuant to Title
45, Chapters 24.1-7.1 and 7.2 of the Rhode Island General Laws;
(c)
To authorize, upon application, in specific
cases of hardship, variances in the application of the terms of this
chapter, pursuant to Title 45, Chapter 24-41 of the Rhode Island General
Laws;
(d)
To authorize, upon application, in specific
cases, special use permits, pursuant to Title 45, Chapter 24-42(A)
of the Rhode Island General Laws, where the Board is designated as
a permit authority for special use permits;
(e)
To refer all petitions for relief or special
use permits to the Planning Board for findings and recommendations,
prior to action by the Board on any such petition(s);
(f)
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, as determined by
the Board through testimony received at such hearing, and so noted
on the decision record; and
(g)
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;
(2)
No application for a variance or special use permit involving the same parcel and same request, which was denied by or withdrawn from the Board, may be resubmitted for consideration by the Board for a period of one year from the date of such denial or withdrawal, unless the Board determines there is a substantial change of circumstances which justifies a new hearing, determined in accordance with § 350-7E(9) of this chapter; and
(3)
Any variance or special use permit granted by the
Board shall expire six months from the date of approval, unless the
applicant shall within that period exercise the right granted by the
decision. The Board may, upon application within the six-month period
and for good cause, extend the limitation for one additional six-month
period. The application for an extension need not be advertised.
(4)
Be required to vote as follows:
(a)
Five active members shall be necessary to conduct
a hearing. As soon as a conflict of interest occurs for a member,
that member shall recuse himself or herself, shall not sit as a participating
member, and take no part in the conduct of the hearing. Only five
participating members shall be entitled to vote on any issue;
(b)
The concurring vote of three of the five members
of the Board sitting at a hearing shall be necessary to reverse any
order, requirement, decision, or determination of any zoning administrative
officer from whom an appeal was taken; and
(c)
The concurring vote of four of the five members
of the Board 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 this chapter, including variances
and special use permits.
(5)
Issue decisions, in a manner as follows:
(a)
Following a public hearing, the Board shall
render a decision within 15 days. 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. Decisions shall be recorded and filed in the office of the
Town Clerk within 30 working days from the date when the decision
was rendered, and shall be a public record. The Board 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 Town Clerk 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 Board shall have the minutes
taken either by a competent stenographer or recorded by a sound-recording
device.
(b)
Any decision by the Board, including any special
conditions attached thereto, shall be mailed to the applicant, to
the Zoning Enforcement Officer of the Town, and to the Associate Director
of the Division of Planning of the Rhode Island Department of Administration.
Any decision evidencing the granting of a variance, modification,
or special use shall also be recorded in the land evidence records
of the Town.
D.
Appeals to the Board. Appeals to the Board may be
taken by any party aggrieved or by any officer, department, board
or bureau affected by the order or decision of the Inspector concerning
the provisions of this chapter or the Historic District Commission,
in accordance with the following provisions:
(1)
The appeal shall be taken within 30 days of the date
of the recording of the decision by the Inspector, by filing an application
for appeal to the Board with the Inspector's office. A filing fee
shall be payable, as established, and may be amended, by the Town
Council, in accordance with Title 45, Chapter 24-59 of the Rhode Island
General Laws.
(2)
An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the Inspector certifies to the
Board, after an appeal shall have been duly filed, that by reason
of facts stated in the certificate a stay would in the 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 thereto
and upon notice to the Inspector from whom the appeal is taken on
due cause shown.
(3)
Such application for appeal shall specify the nature
of the grievance and ground(s) therefor. The party from whom the appeal
is taken shall forthwith transmit to the Board all the papers constituting
the record upon which the action or decision appealed from was taken.
Notice of the appeal shall also be transmitted to the Planning Board.
(4)
The Board shall fix a time for the hearing of the
appeal within 45 days after the filing of an application for appeal,
give public notice thereof, as well as due notice to the parties of
interest, as specified elsewhere in this chapter and in accordance
with Title 45, Chapter 24 of the Rhode Island General Laws, and decide
the matter within 15 days of such public hearing. Upon the hearing,
any party may appear in person or by agent or by attorney.
(5)
In exercising its powers regarding appeals, the Board
may, in conformity with the provisions of this chapter, 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 officer from whom the appeal was taken.
All decisions and records of the Board respecting appeals shall conform
to the provisions as specified elsewhere in this chapter and in Title
45, Chapter 24-61 of the Rhode Island General Laws.
E.
Variances from this chapter. The Board may grant variances
in the application of the terms of this chapter, as follows:
(1)
An application for relief from the literal requirements
of this chapter because of hardship may be made by any person, group,
agency, or corporation by filing with the Inspector an application
describing the request and supported by such data and evidence as
may be required by the Board, and amended from time to time, or by
the terms of this chapter, along with a fee, as established, and may
be amended, by the Town Council, in accordance with Title 45, Chapter
24-59 of the Rhode Island General Laws. The Inspector shall immediately
transmit each application received to the Board and shall transmit
a copy of each application to the Planning Office for distribution
to the Planning Board.
(2)
Immediately upon receipt of an application for a variance in the application of the literal terms of this chapter, the Inspector shall refer said application to the Planning Office and request that the Planning Board provide findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan of the Town, in writing to the Board within 30 days of receipt of the application from the Board. This report shall be entered into the record of the proceedings. The Board shall hold a public hearing on any application for variance in a manner as specified in § 350-8 in this chapter, after receipt, in proper form, of an application, and shall give public notice thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town. Notice of hearing shall be sent by certified or registered mail to the applicant, and to at least all those who would require notice as specified in § 350-7E(5) and (8) of this chapter, and in accordance with Title 45, Chapter 24-53 of the Rhode Island General Laws. The notice shall also include the street address of the subject property.
(3)
In granting a variance, the Board shall require that
evidence to the satisfaction of the following standards be entered
into the record of the proceedings:
(a)
That 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,
excepting those physical disabilities addressed in R.I.G.L. § 45-24-30(16);
[Amended 3-15-2007, effective 3-15-2007]
(b)
That the hardship is not the result of any prior
action of the applicant and does not result primarily from the desire
of the applicant to realize greater financial gain;
(c)
That the granting of the requested variance
will not alter the general character of the surrounding area or impair
the intent or purpose of this chapter or the Comprehensive Plan upon
which this chapter is based; and
(d)
That the relief to be granted is the least relief
necessary.
(e)
The Board shall, in addition to the preceding
standards, 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 this chapter. Nonconforming 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, that the
hardship that will be suffered by the owner of the subject property
if the dimensional variance is not granted shall amount to more than
a mere inconvenience. 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.
[Amended 3-15-2007, effective 3-15-2007]
(4)
In granting a variance or in making any determination
upon which it is required to pass after a public hearing under this
chapter, the Board may apply such special conditions that may, in
the opinion of the Board, be required to promote the intent and purposes
of the Comprehensive Plan and this chapter of the Town. Failure to
abide by any special conditions attached to a grant shall constitute
a zoning violation. Those special conditions shall be based on competent
credible evidence on the record, be incorporated into the decision,
and may include, but are not limited to, provisions for:
(a)
Minimizing adverse impact of the development
upon other land, including the type, intensity, design, and performance
of activities;
(b)
Controlling the sequence of development, including
when it must be commenced and completed;
(c)
Controlling the duration of use or development
and the time within which any temporary structure must be removed;
(d)
Assuring satisfactory installation and maintenance
of required public improvements;
(e)
Designating the exact location and nature of
development; and
(f)
Establishing detailed records by submission
of drawings, maps, plats, or specifications.
F.
Special use permits. The Board, upon application,
in specific cases, may authorize special use permits, where the Board
is acting as the permitting authority for special use permits, provided
the Board shall require that evidence to the satisfaction of the following
standards be entered into the record of the proceedings during the
public hearing on such special use permit application and to determine
whether the use should be permitted, whether the use meets special
safeguards and/or conditions, and, whether in granting a special use
permit, what additional conditions and/or limitations may be necessary.
(1)
Standards.
(a)
The use is listed in the Table of Use Regulations,[1] as specified elsewhere in this chapter, that may be allowed
by special use permit, upon application to and favorable decision
by the Board;
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
(b)
An application, as required by the Board, has
been properly filed with the Inspector and the requisite fee has been
paid, as established, and may be amended, by the Town Council, as
specified elsewhere in this chapter and in accordance with Title 45,
Chapter 24-59 of the Rhode Island General Laws;
(2)
Immediately upon the receipt of an application for
a special use permit, the Inspector shall refer and request that the
Planning Board 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 of the Town, in writing
to the Board within 30 days of receipt of the application from the
Board. This report shall be entered into the record of the proceedings.
(3)
The Board shall hold a public hearing on any application for a special use permit in a manner as specified elsewhere in this chapter, after receipt, in proper form, of an application, and shall give public notice thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town. Notice of the hearing shall be sent by first class mail to the applicant, and to at least all those who would require notice as specified in § 350-7E(5) and (8) of this chapter, and in accordance with Title 45, Chapter 24-53 of the Rhode Island General Laws. The notice shall also include the street address of the subject property.
(4)
In granting a special use permit, the Board shall
affirmatively determine and enter into the record of the public hearing
that:
(a)
The proposed use shall be compatible with surrounding
land uses;
(b)
The proposed use shall conform with the applicable
elements of the Glocester Comprehensive Community Plan;
(c)
The proposed use shall be in harmony with the
general purposes and intent of this chapter;
(d)
The public convenience and welfare will be substantially
served; and
(e)
The proposed use shall not result in or create
conditions that will be inimical to the public health, safety, morals
and general welfare of the community.
(5)
In granting a special use permit, the Board may apply
such special conditions as may, in the opinion of the Board, be required
to promote the intent and purposes of the Comprehensive Plan and this
chapter of the Town. Those special conditions shall be based on competent
credible evidence on the record, be incorporated into the decision,
and may include, but not be limited to, provisions for:
(a)
Minimizing adverse impact of the development
upon other land, including the type, intensity, design, and performance
of activities;
(b)
Controlling the sequence of development, including
when it must be commenced and completed;
(c)
Controlling the duration of use or development
and the time within which any temporary structure must be removed;
(d)
Assuring satisfactory installation and maintenance
of required public improvements;
(e)
Designating the exact location and nature of
development; and
(f)
Establishing detailed records by submission
of drawings, maps, plats, or specifications.
(6)
In the event that a special use permit is sought with a dimension
variance, the Board must make affirmative findings consistent with
the granting of a special use permit and dimensional variance and
the following:
[Added 7-15-2004, effective 8-11-2004]
(a)
The special use permit could not exist without the dimensional
variance;
(b)
The approval will not adversely affect the surrounding area
and will not have an undesirable impact on abutting properties;
(c)
Off-street parking and loading areas are adequate for the proposal;
(d)
Outdoor lighting is designed and located in a manner which complements
the character of the neighborhood;
(e)
The use will not disrupt the neighborhood or the privacy of
abutting landowners by excessive noise, light or excessive traffic;
and
(f)
The approval will not pose a threat to the groundwater and/or
drinking water supply.
An appeal from a decision or action of the Town
Council or Zoning Board of Review may be taken by an aggrieved party(ies)
in accordance with the following provisions:
A.
From the Zoning Board of Review.
(1)
An aggrieved party may appeal a decision of the Board
to the Superior Court for Providence County 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 Board 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 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.
(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 Board 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
Board, the Court may order that the additional evidence be taken before
the Board upon conditions determined by the Court. The Board 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.
(3)
The review shall be conducted by the Superior Court
without a jury. The Court shall consider the record of the hearing
before the Board 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.
(4)
The Court shall not substitute its judgment for that
of the Board as to the weight of the evidence on questions of fact.
The Court may affirm the decision of the Board 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:
(a)
In violation of constitutional, statutory, or
ordinance provisions;
(b)
In excess of the authority granted to the Board
by statute or ordinance;
(c)
Made upon unlawful procedure;
(d)
Affected by other error of law;
(e)
Clearly erroneous in view of the reliable, probative,
and substantial evidence of the whole record; or
(f)
Arbitrary or capricious or characterized by
abuse of discretion or clearly unwarranted exercise of discretion.
(5)
Upon the entry of any case or proceeding brought under
the provisions of this chapter or in accordance with Title 45, Chapter
24 of the Rhode Island General Laws, 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.
B.
From an act to adopt, amend, revise or repeal this
chapter.
(1)
An appeal of an enactment of or an amendment to this
chapter may be taken to the Superior Court for Providence County 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 municipality.
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.
(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.
(3)
The review shall be conducted by the Court without
a jury. The Court shall first consider whether the enactment or amendment
of the 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 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.
(4)
In the case of an aggrieved party, where the Court
has found that the enactment or amendment of the 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 municipality to either provide
just compensation or rescind the enactment or amendment within 30
days.
(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.
(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.
(7)
In case there is filed in the office of the Town Clerk
on or before the day of a public hearing held by the Town Council
regarding adoption, amendment, revision or repeal of any section or
sections of this chapter or within three days thereafter, a written
protest against the petition request pending or voted on by the Town
Council, signed by the owners of 20% or more of the street frontage
directly opposite the property proposed to be affected or by the owners
of property abutting on 20% or more at the boundary line between the
property proposed to be affected and the property immediately in the
rear thereof when there is no street between said properties, no change
shall be passed, except by three-fifths vote of the Town Council.
A.
Judicial aid in enforcement. 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 the Town Solicitor, have power
to issue any extraordinary writ or to proceed according to the course
of law or equity or both:
(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 this chapter, enacted under the authority of
Title 45, Chapter 24 of the Rhode Island General Laws, and to order
its removal or abatement as a nuisance;
(2)
To compel compliance with the provisions of this chapter
enacted under the authority of said Title 45, Chapter 24;
(3)
To order the removal by the property owner of any
building, structure, sign, or improvement existing in violation of
this chapter enacted under the provisions of said Title 45, Chapter
24, and to authorize the Inspector of the Town, in the default of
the removal by the owner, to remove it at the expense of the owner;
(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;
(5)
To order restoration by the owner, where practicable;
and/or
(6)
To issue fines and other penalties.
B.
Vested rights.
(1)
Any application(s) for development(s) that are substantially
complete and have been submitted for approval to the appropriate review
agency in the Town prior to enactment of this chapter shall be considered
by the Town under the protection of this section and shall be reviewed
according to the regulations applicable in the chapter in force at
the time the application was submitted. If an application for development
under the provisions of this section is approved, failure to initiate
and/or complete the improvement of the property(ies) prior to the
time limits that may be established at the time of approval, shall
render the aforementioned approval null and void. Any subsequent proposal
for development of the property, whether or not the proposal is substantially
similar to any previously approved plan, shall require a resubmission
of development plans by the applicant, subject to the current regulations
in effect at the time of such resubmission.
(2)
For the purposes of this section, “substantially
complete” shall mean that any application shall have been deemed
such by the local official designated to receive such applications,
as specified elsewhere in this chapter, and that all required forms,
plans, signatures, fees, supporting documentation and other required
information has been received and certified by the proper local official
to be in proper order. Failure to submit the required information
in the proper form, as determined by the designated local official,
shall render the submission null and void to any rights afforded through
this section.
