This chapter shall be enforced by the Building
Official of the Town of Barrington, who shall have, as minimum qualifications,
five years of work experience and a working knowledge of all applicable
building code requirements, environmental laws and development regulations.
The Building Official shall have the following duties and powers:
A. The issuing of any required permits or certificates.
B. Collection of required fees.
C. Keeping of records showing the compliance of uses
of land.
D. Authorizing commencement of uses or development under
the provisions of this chapter.
E. Inspection of suspected violations.
F. Issuance of violation notices with required corrective
action, and the collection of fines for violations.
G. Modification (as defined in §
185-5). See §
185-40 for process and procedure.
[Added 12-4-2023 by Ord. No. 2023-12]
H. Performing other such duties and taking such actions
as may be assigned in this chapter.
The Building Official shall, upon written request,
issue a zoning certificate or provide information to the requesting
party as to the determination by the Building Official what the use
or designation is of a given parcel within 15 days of the written
request. If no written response is provided in that time, the requesting
party shall have the right to appeal to the Zoning Board of Review
for the determination.
[Amended 12-4-2023 by Ord. No. 2023-12]
A. Except as otherwise provided in this chapter, no land shall be used
and no building, structure or sign shall be erected, modified, enlarged
or placed into use until a zoning permit has been issued by the Building
Official/Zoning Enforcement Officer of the Town of Barrington.
B. The Building Official/Zoning Enforcement Officer is authorized to
grant modification permits. The maximum percent allowed for a modification
shall not exceed 15%. A modification does not permit moving of lot
lines. The Building Official/Zoning Enforcement Officer shall keep
public records of all requests for modifications, and of findings,
determinations, special conditions, and any objections received. Cost
of any notice required under this subsection shall be borne by the
applicant requesting the modification.
(1) Within 10 days of the receipt of a request for a modification, the
Building Official/Zoning Enforcement Officer shall make a decision
as to the suitability of the requested modification based on the following
determinations of the modification:
(a)
It is reasonably necessary for the full enjoyment of the permitted
use;
(b)
If the modification is granted, neighboring property will neither
be substantially injured nor its appropriate use substantially impaired;
(c)
It does not require a variance of a flood hazard requirement,
unless the building is built in accordance with applicable regulations.
(d)
It does not violate any rules or regulations with respect to
freshwater or coastal wetlands.
(2) In the case of modification of 5% or less, the Building Official/Zoning
Enforcement Officer shall have the authority to issue a permit approving
the modification without any public notice requirements.
(3) In the case of modification of greater than 5% or less, the Building
Official/Zoning Enforcement Officer shall notify, by first-class mail,
all property owners abutting the subject property, and shall indicate
the street address of the subject property in the notice. The notice
shall be published in a newspaper of local circulation that the modification
will be granted unless written objection is received within 14 days
of public notice.
(a)
If written objection is received within 14 days, the request
for a modification shall be scheduled for the next available hearing
before the Zoning Board of Review on application for dimensional variance,
following the standard procedures, notice requirements, and fees for
such variances.
(b)
If no written objections are received within 14 days, the Building
Official/Zoning Enforcement Officer shall grant the modification.
(4) The Building Official/Zoning Enforcement Officer may apply special
conditions to the permit as may, in the opinion of the Officer, be
required to conform to the intent and purposes of the zoning ordinance.
(5) Costs of any notice required under this subsection shall be borne
by the applicant requesting the modification.
C. Application for a zoning permit shall be made to the Building Official,
who may require submission of such plans, specifications or other
pertinent data as may be deemed necessary by them to determine conformity
with this chapter. All applications shall be on forms supplied by
the Building Official. Upon approval of any application, the Building
Official shall endorse their approval upon the application form and
return one copy to the applicant. Copies of all submitted supporting
material shall be retained by the Building Official as part of Town
records. If an application is denied, the application shall be so
endorsed by the Building Official and a copy forwarded to the applicant
with a statement of the reasons for the denial.
D. A zoning permit shall be valid for the duration of the use which
was the subject of the original issuance and shall expire upon termination
of that use. Where a zoning permit authorizes the construction of
a structure, building or sign, said construction shall be substantially
initiated within one year of permit issuance and shall be diligently
prosecuted until completed. Where said construction is not substantially
initiated within one year, the zoning permit shall automatically expire
and a new application shall be submitted to the Building Official.
[Amended 12-4-2023 by Ord. No. 2023-12]
Fees for the processes described in this chapter
shall be set by the Town Council from time to time, and shall be payable
upon submission of either the written request for a certificate or
the application for a permit. The fee for a zoning permit shall be
nonrefundable, regardless of approval or denial of the application.
[Amended 12-4-2023 by Ord. No. 2023-12]
At least once every five years, the Planning
Board shall review this chapter for the purpose of considering proposed
amendments due to changes in policies or conditions within the Town
of Barrington. Following such review, the Planning Board shall report
to the Town Council and, if necessary, make recommendations regarding
revisions. Whenever changes are made to the Barrington Comprehensive
Plan, the Planning Board will identify any changes necessary in this
chapter and forward these changes to the Town Council.