A.
Appointment. The Town Manager shall appoint a Zoning
Official whose duties shall be to enforce the provisions of this chapter
and to serve as chief administrative officer for the Zoning Board
of Review, and who shall be administratively responsible to the Town
Manager.
B.
Qualifications. In order to qualify for the position
of Zoning Official or Alternate Zoning Official, a person must demonstrate
the ability:
(1)
To comprehend in detail this Zoning Ordinance;
(2)
To understand maps and plans and be able to relate
them to structures and land uses on the ground;
(3)
To identify violations of this chapter;
(4)
To communicate orally and in writing the matters pertinent
to his duties; and
(5)
To carry out all of his duties under this chapter.
C.
Alternate Zoning Official. The Town Manager may appoint
an Alternate Zoning Official for a definite period not to exceed one
year, to act on behalf of the Zoning Official during any period of
disability caused by, but not limited to, illness, absence or conflict
of interest.
D.
Powers and duties. The Zoning Official shall be charged with the
administration and enforcement of this chapter, and shall have the
following powers and duties:
[Amended 10-26-2020 by Ch. No. 1997]
(1)
Receiving, waiving submission requirements, and reviewing and making
recommendations regarding all applications to the Zoning Board of
Review and keeping all records of the Zoning Board of Review;
(2)
Issuing zoning certificates;
(3)
Reviewing and making disposition of requests for modification;
(4)
Collecting required application fees;
(5)
Keeping records documenting compliance of uses of land;
(6)
Authorizing commencement of uses or development under the provisions
of the Zoning Ordinance;
(7)
Inspecting suspected violations;
(8)
Issuing violation notices with required corrective action;
(9)
Collecting fines for violations; and
(10)
Exercising such powers and performing such other duties as may
be set forth in this chapter.
A.
Appointment. The Town Planner is appointed in accordance with the provisions of Article XII, Chapter IV, § 12-4-2 of the Charter of the Town of Westerly.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Powers and duties. The Town Planner, in regard to
the administration of this chapter, shall have the following powers
and duties:
(1)
Monitoring amendments to the Enabling Act and other
state legislation affecting this Zoning Ordinance and making recommendations
to the Planning Board regarding required amendments to this Zoning
Ordinance.
(2)
Making recommendations to the Planning Board regarding
amendments to this Zoning Ordinance deemed appropriate in response
to the Town's emerging planning needs.
(3)
Receiving, reviewing and making recommendations regarding
applications to the Planning Board for development plan review.
B.
Powers and Duties. The Planning Board, in regard to
the administration of this chapter, shall have the following powers
and duties:
(1)
Review of and disposition of applications for subdivisions of land in accordance with Chapter A261, Land Development and Subdivision Regulations.
(2)
Review and disposition of applications for cluster
development.
(3)
Review and disposition of applications for development
plan review.
(4)
Advisory review of proposed amendments to this Zoning
Ordinance (including the Zoning Map).
(5)
Make studies and prepare plans and reports on the
needs and resources of the community with reference to its physical,
economic and social growth and development as affecting the health,
safety, morals, and general welfare of the people. The studies, plans
and reports shall concern but shall not necessarily be limited to
the following:
(a)
Land use and land use regulations.
(b)
Transportation facilities.
(c)
Public facilities including recreation areas,
utilities.
(d)
Schools, fire stations.
(e)
Police station and others.
(f)
Blighted areas including the designation of
general areas for redevelopment, renewal, rehabilitation, or conservation.
(g)
Problems of housing and the development of housing
programs.
(h)
Environmental protection.
(i)
Natural resource conservation.
(j)
Protection from disaster.
(k)
Economic and social characteristics of the population.
(l)
Preservation of historic or cultural resources
and buildings.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(m)
Economic development.
(6)
When directed by the Town Council, prepare an annual
capital budget and a comprehensive long-range capital improvement
program.
(7)
Submit an advisory opinion and recommendation on all
zoning matters referred to it under the provisions of this chapter
and report on any other matter referred to it by the Town Council.
(8)
Perform such other duties as may be assigned to the
Board from time to time by any act of the General Assembly or by ordinance,
code, regulation, order or resolution of the Town Council.
A.
Constitution of Zoning Board of Review. The Zoning
Board of Review shall be constituted in accordance with the following:
(1)
Establishment. There is hereby created a Zoning Board
of Review.
(2)
Membership and terms.
[Amended 3-10-2014 by
Ch. No. 1813; 10-20-2014 by Ch.
No. 1831]
(a)
The Zoning Board of Review 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, their terms
to be for five years. These alternate members shall sit and may actively
participate in hearings. The first alternate shall vote if one 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. Members of the
Zoning Board of Review, at the time of their appointment and for the
duration of their term, shall be residents and qualified to vote in
the Town of Westerly.
(b)
No member of the Zoning Board of Review shall serve more than two
consecutive terms, to be followed by a one-year hiatus, after which
the member may be appointed to this Board or another appointed Board.
(3)
Removal. The Town Council is hereby empowered to remove
persons from the Zoning Board of Review if, by virtue of their absence
at meetings of the Board or otherwise, they have failed to reasonably
fulfill their duties, such action by the Council to be taken only
upon written notice by the Council to the persons involved and the
right to appear and speak at the Council's deliberations. The Council
shall also fill vacancies for the remainder of any unexpired terms
which may occur on the Zoning Board of Review.
(4)
Original terms. Members of the Zoning Board of Review
serving on the effective date of adoption of this Zoning Ordinance
shall be exempt from provisions of this chapter respecting terms of
originally appointed members until the expiration of their current
terms.
(5)
Chairperson. The Zoning Board of Review shall annually
elect by majority vote a Chairperson, who shall preside over meetings
of the Board. At hearings of the Board, 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.
(6)
Meetings/hearings. Meetings of the Board shall be
held at the call of the Chairperson or at the request of three members
of the Board, and at such other times as the Board may determine.
All hearings of the Board shall be open to the public.
B.
Powers and duties. The Zoning Board of Review, in
regard to the administration of this chapter, shall have the following
powers and duties:
(1)
To hear and decide appeals within 65 days of the date
of the filing of the appeal where it is alleged there is error in
any order, requirement, decision, or determination made by the Zoning
Official, the Town Planner or Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
To hear and decide requests for variance.
(4)
To hear and decide applications for special use permit.
(5)
To provide for issuance of conditional approval of
any special permit or variance application under this chapter which
would otherwise be approved except that one or more state or federal
agency approvals are required and are pending. A conditional zoning
approval shall expire within one year of issuance if the necessary
state and federal approvals have not been issued; provided, however,
that the Board may extend a conditional zoning approval for successive
periods of one year if the applicant demonstrates that he is actively
pursuing the necessary approvals and that a final decision has not
been rendered.
(6)
To refer matters to the Planning Board or to other
municipal or state boards or agencies as the Zoning Board of Review
may deem appropriate, for review, findings and recommendations.
(7)
To hear and decide such other matters as authorized
by and in accordance with the terms of this chapter or state statutes.
C.
Voting. The Zoning Board of Review shall be required
to vote as follows:
(1)
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. A recused member shall
take no part in the hearing as a Board member, but may participate
in the hearing as a citizen. Only five active members shall be entitled
to vote on any issue; all active members not recused shall vote on
any matter before the Board;
(2)
The concurring vote of three of the five members of
the Zoning Board of Review sitting at a hearing shall be necessary
to reverse any order, requirement, decision, or determination of the
official or agency from whom an appeal was taken; and
(3)
The concurring vote of four of the five members of
the Zoning Board of Review sitting at a hearing shall be required
to approve any application before the Board.
D.
Minutes of proceedings. The Zoning Board of Review
shall keep written minutes of its proceedings, showing the vote of
each member upon each question, or if absent or failing to vote, indicating
such fact, and shall keep records of its examinations, findings of
fact, and other official actions, all of which shall be recorded and
filed in the office of the Zoning Board of Review in an expeditious
manner upon completion of the proceeding. For any proceeding in which
the right of appeal lies to the Superior or Supreme Court of the state,
the Zoning Board of Review shall have the proceeding recorded either
by a competent stenographer or by a sound-recording device.
The Town Council, in regard to this chapter,
shall have the following powers and duties:
A.
To appoint Zoning Board members and alternate Zoning
Board members.
B.
To receive and review recommendations of the Planning
Board regarding amendments to either the text of this Zoning Ordinance
and/or to the Zoning Map.
C.
To present for public hearing and enact amendments
to this chapter and the Zoning Map.
[Amended 10-26-2020 by Ch. No. 1997]
A.
Violations. It shall be unlawful for any person to construct, erect,
or alter any building or structure, or develop, change, or improve
land except in accordance with the provisions of this chapter and
of plans approved in accordance with the procedures of this chapter
and are subject to the following:
(1)
When a violation of a dimensional requirement is associated with
a completed zoning certificate and confirmed by an as-built, said
dimensional relief may be submitted to the Zoning Officer for an administrative
approval in the form of a dimensional modification if it qualifies.
(2)
Any property with any existing and/or pending violation of the Zoning
Ordinance shall not be permitted to apply for zoning relief or other
permits associated with further development or modification of the
property unless and until the existing and/or pending violation is
corrected.
(3)
An applicant shall be assessed an application fee twice the normal
amount when an application for zoning certificate or relief is filed
to correct a violation that was the subject of a notice of violation.
B.
Enforcement. Upon finding a violation, the Zoning Official shall
serve notice by personal service or by certified mail on the person
committing or permitting the violation and on the owner of the property
as shown on the Town's current real estate tax assessment records,
which notice shall specify the nature of the violation and order the
action necessary to correct it. Such notice shall give a compliance
date which the Zoning Official shall establish based upon the time
reasonably required to comply. Upon notification of any violation
of this chapter which has not been corrected by the compliance date,
the Town Solicitor is hereby authorized to initiate legal proceedings
to prevent, enjoin, abate, or remove such violation.
C.
Violations and penalties. A penalty may be assessed for any violation
of the terms of this chapter or of any conditions or restrictions
imposed pursuant to it. The penalty for violation shall be reasonably
proportionate to the seriousness of the offense, and shall not exceed
$500 per violation, each day such violation continues to be deemed
a separate offense. Fines for violation shall inure to the Town.
A.
Custody. The Town Clerk shall be the custodian of
this Zoning Ordinance and of the Zoning Map.
B.
Maintenance. The Town Clerk shall be responsible for the maintenance
and update of the ordinance text and the zoning maps comprising the
Zoning Ordinance.
[Amended 5-13-2019 by Ch. No. 1956]
C.
Periodic review. The Town Planner shall be responsible
for reviewing this Zoning Ordinance at reasonable intervals; whenever
changes are made to the Comprehensive Plan, the Town Planner shall
be responsible for identifying any amendments to this Zoning Ordinance
required by such changes to the Comprehensive Plan and for forwarding
such proposed ordinance amendments, with recommendations of the Planning
Board, to the Town Council.
D.
Availability to public. Printed copies of this Zoning
Ordinance (including the Zoning Map), revised to include all amendments,
shall be available to the general public. A reasonable charge may
be made for copies to reflect printing and distribution costs.
E.
Copy to state agencies. Upon publication of this Zoning
Ordinance and the Zoning 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 to the State Law Library.
