[Amended 12-20-2023 by Ch. No. 3287]
It shall be the duty of the Director to interpret and enforce the provisions of this chapter in the manner and form and with the powers provided in the laws of the state and in the Charter and ordinances of the City. The Director shall refer all applications for variances, special use permits and other appeals to the appropriate permitting authority. The Director shall make a determination in writing, within 15 days, to any written complaint received, regarding a violation of this chapter. In order to provide guidance or clarification, the Director shall, upon written request, issue a zoning certificate or provide information to the requesting party within 15 days of the written request. Any determination of the Director, except modifications in accordance with § 410-97.1, may be appealed to the Zoning Board of Review in accordance with Article XII of this chapter.
Except for a public utility pole located in
public streets, no structure shall be erected, moved, added to or
structurally altered without a zoning permit therefor, issued by the
Director. No zoning permit shall be issued except in conformity with
the provisions of this chapter, except after written order from the
Zoning Board of Review.
A.
All applications for zoning permits shall be accompanied
by plans in triplicate, drawn to scale, showing the actual dimensions
and shape of the lot to be built upon; the exact sizes and locations
on the lot of structures already existing, if any; and the location
and dimensions of the proposed structure or alteration. The Director
of Zoning and Code Enforcement may waive the requirement for filing
plans if the work involved is of a minor nature.
[Amended 3-22-2001 by Ch. No. 2592]
B.
The application shall include such other information
as lawfully may be required by the Director, including:
(1)
Existing or proposed buildings or alterations.
(2)
Existing or proposed uses of the structure and land.
(3)
The number of dwelling units, rooming units or rental
units the structure is designed to accommodate.
(4)
Existing and proposed parking and loading spaces.
(5)
Conditions existing on the lot.
(6)
Such other matters as may be necessary to determine
conformance with, and provide for the enforcement of, this chapter.
C.
Within a reasonable time of the filing in final form
of an application for a zoning permit, the Director shall approve
or disapprove the application, marking such approval or disapproval
and attesting to the same by his or her signature on copies of the
plans. Thereupon, one copy of the plans shall be returned to the applicant
and two copies shall be retained by the Director.
D.
The Director shall maintain a record of all zoning
permits issued, and copies shall be furnished to any person upon request
and upon receipt of a reasonable fee.
A.
It shall be unlawful to use or occupy or permit the
use or occupancy of any structure or premises, or both, or part thereof
hereafter created, erected, changed, converted or wholly or partly
altered or enlarged in its use or structure until a certificate of
zoning compliance shall have been issued therefor by the Director,
stating that the proposed use of the structure or land conforms to
the requirements of this chapter.
B.
No nonconforming structure or use shall be renewed,
changed or extended until a certificate of zoning compliance shall
have been issued therefor by the Director. The certificate of zoning
compliance shall state specifically wherein the nonconforming use
differs from the provisions of this chapter.
C.
A temporary certificate of zoning compliance may be
issued by the Director for periods not exceeding six months during
alterations or partial occupancy of a structure pending its completion,
provided that such temporary certificate may require such conditions
and safeguards as will protect the safety of the occupants and the
public.
D.
The Director shall maintain a record of all certificates
of zoning compliance issued, and copies shall be furnished to any
person upon request and upon receipt of a reasonable fee.
A.
If the work described in any zoning permit has not
begun within 90 days from the date of issuance thereof, such permit
shall expire. It shall be canceled by the Director, and written notice
thereof shall be given to the person affected.
B.
If the work described in any zoning permit has not
been substantially completed within two years of the date of issuance
thereof, such permit shall expire and be canceled by the Director,
and written notice thereof shall be given to the persons affected,
together with notice that further work as described in the canceled
permit shall not proceed unless and until a new zoning permit has
been obtained.
[Added 3-22-2001 by Ch. No. 2592; amended 12-20-2023 by Ch. No. 3287]
A.
The Director may issue dimensional modifications not to exceed 25%
of the specified requirement.
B.
Within 10 days of receipt of a request for a modification, the Director
shall make a decision as to the suitability of the requested modification
based on the following determinations:
(1)
The modification requested 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; and
(4)
The modification requested does not violate any rules or regulations
with respect to freshwater or coastal wetlands.
C.
Upon an affirmative determination, in the case of a modification
of 5% or less, the Zoning Enforcement Officer 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
Director 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
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 a modification shall be
scheduled for the next available hearing before the Zoning Board of
Review, including notice requirements provided for under this chapter.
If no written objections are received within 14 days, the Director
shall grant the modification. The Director may apply such conditions
to the permit as may, in the opinion of the Director, be required
to conform to the intent and purposes of the Zoning Ordinance. The
Director shall keep public records of all requests for modifications,
and of findings, determinations, special conditions, and any objections
received. The costs of any notice required under this section shall
be borne by the applicant requesting the modification.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of health, safety, morals, convenience or the general
welfare.
All departments, officials and public employees
of the City which are vested with the duty or authority to issue permits
or licenses shall conform to the provisions of this chapter and shall
issue no permit or license for any use, building or purpose if the
same would be in conflict with the provisions of this chapter. Any
permit or license issued in conflict with the provisions of this chapter
shall be null and void.
Zoning permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Director authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this chapter and punishable as provided by § 410-101.
A.
Any person or corporation, whether as principal, agent,
employee or otherwise, who violates or is the owner of property in
violation of any of the provisions of this chapter shall be fined
up to $500 for each offense, such fine to inure to the City. Each
day of the existence of any violation shall be deemed a separate offense.
The erection, construction, enlargement, intensification, conversion,
moving or maintenance of any building or structure and the use of
any land or building or structure which is continued, operated or
maintained contrary to any of the provisions of this chapter is hereby
declared to be a violation of this chapter and unlawful.
B.
The Director shall be empowered to levy such fines,
with appeal thereupon to the District Court.
C.
The City Solicitor shall also be empowered to institute
injunction, abatement or any other appropriate action in any appropriate
court to prevent, enjoin, abate or remove such violation or compel
compliance with the provisions of this chapter. The City Solicitor
may consolidate an action for injunctive relief and/or fines under
this chapter in the Superior Court for Providence County.
D.
The remedies provided for herein shall be cumulative
and not exclusive and shall be in addition to any other remedies provided
by law.
