1.
The persons charged with the administration and enforcement
of the Zoning Ordinance shall be: (1) the Building Official of the
Town of Portsmouth, whose minimum qualifications shall be official
certification as a building official or inspector in the State of
Rhode Island, together with a working knowledge of zoning principles
and practices, and/or (2) the Zoning Enforcement Officer of the Town
of Portsmouth, whose minimum qualifications shall be a working knowledge
of zoning principles and practices.
[Amended 6-13-2005]
2.
The Zoning Enforcement Officer shall have the power
to:
a)
Issue any required permits or certificates hereunder.
b)
Collect required fees.
c)
Keep records showing the compliance of uses
of land.
d)
Authorize commencement of uses or development
under the provisions of the zoning ordinance.
e)
Conduct inspections of suspected violations
of this ordinance and of any special conditions imposed upon any development.
f)
Issue of violation notices with required corrective
action.
g)
Collect fines for violations.
h)
Perform such other duties and take such actions
as may be assigned in the ordinance.
3.
In order to provide guidance or clarification, the
Zoning Enforcement Officer shall, upon written request, issue a zoning
certificate or provide information to the requesting party as to his
determination within fifteen (15) days of the written request. In
the event that no written response is provided within that time, the
requesting party shall have the right to appeal to the Zoning Board
of Review for the determination.
4.
The Town Clerk shall be the custodian of the zoning
ordinance and zoning map or maps created hereunder.
5.
The Town Planner, or if none the Planning Board, shall
be responsible:
a)
For the maintenance and update of the text and
zoning map comprising the zoning ordinance. Changes which impact the
zoning map shall be depicted on the map within ninety (90) days of
the authorized change(s); and
b)
For review of the zoning ordinance at reasonable
intervals; and whenever changes are made to the comprehensive plan
of the Town, for the identification of any changes necessary and for
the forwarding of these changes to the Town Council.
6.
Printed copies of the zoning ordinance and map(s)
of the Town shall be available to the general public and shall be
revised to include all amendments. A reasonable charge may be made
for copies to reflect printing and distribution costs.
7.
Upon publication of a zoning ordinance and map, and
any amendments thereto, the Town Clerk shall send a copy, without
charge, to the Associate Director of the Division of Planning of the
Department of Administration of the State of Rhode Island, and the
State Law Library.
1.
All applications shall be made to the zoning enforcement
officer on appropriate forms prescribed by the zoning enforcement
officer. The zoning enforcement officer shall determine which provisions
of this ordinance are applicable to the subject property and proposed
development. He/she shall provide the applicant a zoning certificate
as described in Section A. herein.
2.
Should a special use permit and/or a variance be required to meet the provisions of this ordinance, or if the applicant wishes to appeal the decision of the zoning enforcement officer, the applicant may apply to the Zoning Board of Review for same as provided in Article XIII.
3.
No building permit may be issued by the building inspector
until a determination has been made by the zoning enforcement officer
that all zoning requirements have been satisfied.
1.
A potential applicant for a development proposal which
would be subject to a special use permit, development plan review
or change in the zoning ordinance may request a preapplication conference
with either the Zoning Enforcement Officer or the Town Planner, or
the Planning Board. A preapplication conference is intended to allow
the Town to:
a)
Acquaint the applicant with the comprehensive
plan and any specific plans that apply to the parcel, as well as the
zoning and other ordinances that affect the proposed development;
b)
Suggest improvements to the proposed design
on the basis of a review of the sketch plan;
c)
Advise the applicant to consult appropriate
authorities on the character and placement of public utility services;
and
d)
Help the applicant to understand the steps to
be taken to receive approval.
2.
A preapplication conference is not mandatory.
3.
Any preliminary advisory opinion rendered by the Zoning
Enforcement Officer or the Town Planner, or the Planning Board may
or may not be in writing, at his/her discretion, and shall not be
binding upon him/herself, the Zoning Board of Review, the Planning
Board, the Town Council, nor any other officer or agent of the Town.
A separate Fee Ordinance provides for reasonable
fees, which are to be paid by the applicant for the adequate review
and hearing of applications, the issuance of zoning certificates,
and for the recording of the decisions thereon.
