The following local officials and agencies shall be responsible for the daily administration and enforcement of this chapter and the Zoning Map(s).
A. 
The Building Official shall serve as the Zoning Enforcement Officer. The appointing authority may assign other professional Town staff to serve in this capacity as well.
B. 
The Director of Planning, or his/her designee, shall work in conjunction with the Zoning Enforcement Officer, assisting in the interpretation of the chapter. The Director of Planning, at the direction of the Town Manager, shall be responsible for the maintenance and update of the text of this chapter and shall review the text and map at reasonable intervals and identify any changes necessary to the chapter following changes to the Comprehensive Community Plan. The Director of Planning shall perform such other duties and take such actions as may be assigned in the chapter.
C. 
The Town Clerk shall serve as the custodian of this chapter and the Zoning Map(s) created hereunder and as the official keeper of Zoning Board of Review decisions.
D. 
The Director of Public Works, at the direction of the Town Manager, shall be responsible for the maintenance of the Zoning Map and to depict any changes on the Map.
A. 
Maintenance and update of the text.
(1) 
The Director of Planning shall inspect this chapter on file with the Town Clerk on an annual basis to ensure that all amendments approved within the past year are reflected therein.
(2) 
On a biannual basis, the Director of Planning shall review this chapter to ensure it is in compliance with the most recent Comprehensive Community Plan, as may be amended. The Director of Planning shall forward findings and proposed amendments, if any, to the Planning Board and the Town Council for review and adoption, as provided in Article XIV, Procedures for Adoption and Amendment.
B. 
Maintenance and update of the Zoning Map(s). The Director of Public Works, at the direction of the Town Manager, shall ensure that the official Zoning Map(s) on file in the Town Clerk's office are accurate and that zoning amendments which impact the Zoning Map(s) are depicted on the Map(s) within 90 days of such authorized change.
A. 
General enforcement duties. It shall be the duty of the Zoning Enforcement Officer (ZEO) to enforce this chapter. The ZEO shall issue any required permits or certificates, collect required fees relating to the issuance of the permits or certificates, keep records showing the compliance of uses of land, authorize the commencement of uses or development under the provisions of the chapter, inspect suspected violations, issue violation notices with required corrective action, collect fines for violations, and perform such other duties and take such other actions as may be assigned in the chapter. The ZEO shall be responsible to the Town Manager.
B. 
Zoning certificates. In order to provide guidance or clarification, the ZEO shall, within 15 days of receipt of a completed zoning certificate application, issue a zoning certificate or provide information to the requesting party as to his determination regarding the legality of a use or structure. In the event that no written response is provided within said time, the requesting party shall have the right to appeal to the Zoning Board of Review for determination.
[Added 12-11-2023 by Ord. No. 920-F]
The Zoning Officer is authorized to grant modification permits of up to and including 25% of the literal dimensional requirements of this section as follows:
A. 
Within 10 days of the receipt of a request for a modification, the Zoning Enforcement Officer shall make a decision as to the suitability of the requested modification based on the following determinations:
(1) 
The modification is reasonably necessary for the full enjoyment of the permitted use;
(2) 
If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
(3) 
The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations;
(4) 
The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.
B. 
Upon an affirmative determination, in the case of a modification of 5% or less, the zoning enforcement offer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than 5%, the Zoning Enforcement Officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the city or Town that the modification will be granted unless written objection is received within 14 days of the public notice. If written objection is received within 14 days, the request for modification shall be scheduled for the next available hearing before the Zoning Board of Review on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within 14 days, the Zoning Enforcement Officer shall grant the modification.
C. 
The Zoning Enforcement Officer may apply any special conditions to the permit as may, in the opinion of the officer, be requested to conform to the intent and purposes of the Zoning Ordinance.
D. 
The Zoning Enforcement Officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.
E. 
Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
A. 
Interpretation. Where questions regarding the language in the chapter arise, the ZEO shall consult the Director of Planning, or his/her designee, for assistance in interpretation of the language. The final decision as to interpretation shall rest with the ZEO. All decisions (interpretations) may be appealed to the Zoning Board of Review.
B. 
Clarification and ordinance revision. Upon resolution by the ZEO (or the Zoning Board of Review, in the case of an appeal), the Director of Planning shall prepare an amendment to the chapter clarifying the unclear language of this chapter so that the intent is clearly understood by all users of the chapter. This proposed amendment shall then be submitted to the Planning Board and Town Council for review and approval, per Article XIV of this chapter.
A. 
Classification of penalty.
(1) 
Any person, firm, corporation, partnership or association who or which violates or refuses to comply with any of the provisions of this chapter or any requirement imposed by the Zoning Board of Review shall be subject to a monetary fine as provided herein.
(2) 
Notwithstanding Subsection A(1) of this section, the Town may cause suit to be brought in any court having jurisdiction over the Town of East Greenwich to restrain the violation of or to compel compliance with the provisions of the chapter. The Town may consolidate an action for injunctive relief with an action for the imposition of monetary fines under this chapter in any court of competent jurisdiction.
B. 
Penalties.
(1) 
Where the ZEO determines a violation to have occurred, the ZEO shall have the authority to issue an injunction and an order to restore the property to its previolation state.
(2) 
The ZEO shall also require the payment of a penalty fee for such violation. Each day any violation of any provision of this chapter (including the failure to perform any act or duty required by this chapter) shall constitute a separate offense. Penalties shall be as follows:
(a) 
installation of a sign not in conformance with the chapter: $50 per day.
(b) 
installation of an accessory structure not in conformance with the chapter: $100 per day.
(c) 
Use of property not in conformance with this chapter: $250 per day.
(d) 
Noncompliance with a decision of the Zoning Board of Review: $250 per day.
(e) 
Construction, alteration, enlargement, removal or demolition of a structure prior to issuance of a building permit where one is required: $100 per day.
(f) 
Construction of parking lot/parking structure prior to approval of parking plan: $100 per day.
(3) 
Where the violation is advanced for judicial action, as noted in § 260-79A(2), the court may assess a penalty of up to $500 for each violation, where each day of the existence of any such violation shall be deemed to be a separate offense. The court may also require restoration of the property to previolation conditions.
C. 
Violations not exclusive. Violations of this chapter are in addition to any other violation enumerated within the Town of East Greenwich ordinances and Code and in no way limits the penalties, actions or abatement procedures which may be taken by the Town of East Greenwich for any violation of this chapter which is also a violation of any other ordinance or Code provision of the Town of East Greenwich or statutes of the State of Rhode Island.
D. 
Reporting of violations. Enforcement actions shall be reported by the ZEO to the property owner, together with a compliance order. The order shall describe the measures required to correct the violation.
E. 
Judicial aid in enforcement. Where compliance orders are not followed within the period set in the order and where no appeal has been filed with the Zoning Board of Review, the Town shall have the authority to request assistance from the Kent County Superior Court, East Greenwich Municipal Court, or any other court of competent jurisdiction to enforce this chapter in accordance with Rhode Island General Law § 45-24-62.
[Amended 3-14-2016 by Ord. No. 849]
An appeal from any decision of an administrative officer or agency charged in this chapter with interpretation or enforcement of any of its provisions may be taken to the Zoning Board of Review by an aggrieved party in a manner described in Article XV, Administration and Procedures of Zoning Board of Review. An appeal from a decision of the Zoning Board of Review may be taken by an aggrieved party to the Superior Court for Kent County, notice of which shall be given in accordance with R.I.G.L. § 45-24-69.1.
[Amended 12-11-2023 by Ord. No. 920-F]
There shall be unified development review for the issuance of variances and special use permits for properties undergoing review by development plan review and/or land development or subdivision review.
A. 
Application procedure. Requests for dimensional and use variances and special use permits submitted under the unified development review provisions of this Zoning Ordinance shall be submitted as part of the subdivision or land development application to the administrative officer of the Planning Board, pursuant to R.I.G.L. § 45-24-46.4.
B. 
Public hearing. All land development and subdivision applications, and development plan review applications that include requests for variances and/or special use permits submitted pursuant to this section shall require a public hearing that meets the requirements of R.I.G.L. § 45-23-42(b) and § A263-20 of the East Greenwich Code.
C. 
Standards of review. In granting requests for dimensional and use variances, the Planning Board shall be bound to the requirements of § 260-91, relative to entering evidence into the record in satisfaction of the applicable standards. In reviewing requests for special use permits, the Planning Board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within this Zoning Ordinance in § 260-91, and shall be required to provide for the recording of findings of fact and written decisions as described in R.I.G.L. § 45-23-63.
D. 
Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to R.I.G.L. § 45-23-71.