[Amended 6-18-2013 by Ord. No. 2013-4; 9-17-2013 by Ord. No. 2013-5]
A. 
It shall be the duty of the Zoning Enforcement Officer to enforce the provisions of this chapter.
B. 
The Zoning Enforcement Officer shall be responsible for:
(1) 
Acting as the Administrative Officer for the Zoning Board of Review;
(2) 
Certifying completeness of submitted applications. Applications are not assigned to a hearing date until they have received a certificate of completeness.
(3) 
Issuing any required permits or certificates;
(4) 
Collection of required fees;
(5) 
Keeping of records showing the compliance of uses of land;
(6) 
Authorizing commencement of uses or development under the provisions of this Zoning Chapter:
(7) 
Inspection of suspected violations;
(8) 
Issuance of violation notices with required corrective action;
(9) 
Collection of fines for violations.
C. 
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 the determination by the official or agency within 20 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. The Zoning Enforcement Officer may charge a reasonable fee as determined by Town ordinance.
D. 
The Zoning Enforcement Officer shall have authority to administratively approve modifications from the dimensional standards presented within Article IV, regarding dimensional requirements for structures, except for maximum height of building, provided the deviation is not more than 10% of the required setback, and further provided that the Zoning Enforcement Officer receives no written objections to the requested variance within 30 calendar days from the date of notification. Said notification shall be sent by first-class mail to the applicant, and to at least all those who would require notice under Article XVII (and R.I.G.L. § 45-24-53). The notice shall include the street address of the subject property. Should written objection be received by the Zoning Enforcement Officer or if the Zoning Enforcement Officer cannot make the required determinations as presented within Article X, Variances, the application shall be referred to the Zoning Board of Review through the standard procedures for variances in Article X, Variances.
A. 
No building, structure, or sign shall be erected, substantially altered, or relocated and no land shall be placed in use until a certificate authorizing such has been issued by the Zoning Enforcement Officer.
B. 
No certificate shall be issued for any use not specifically permitted in this chapter, except when the Zoning Enforcement Officer receives a statement, in writing, from the Zoning Board of Review indicating the grant of an appeal, special use permit, or variance; or, a statement, in writing, from the Town Council indicating an amendment to this chapter.
A. 
The Town Clerk shall be the custodian of the Zoning Chapter and Zoning Map or Maps.
B. 
The Planning Board, its designee and/or staff under the supervision of the Board shall be responsible 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 90 days of the authorized change(s).
C. 
The Planning Board shall be responsible 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 recommended changes to the Town Council for consideration.
A. 
Establishment.
(1) 
The Zoning Board of Review shall consist of five members, each to serve terms of five years. The Zoning Board of Review shall also include two alternates to be designated as the "first" and "second" alternate members, their terms to be one year. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the Board is unable to serve at a hearing and the second alternate shall vote if two members of the Board or the first alternate member 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 they have attended all hearings concerning that matter. Refer to § C15-5 (Zoning Board of Review) of the Town Charter and § 260-78.
(2) 
All members shall be appointed by the Town Council. The membership term shall begin on August 1. If a vacancy occurs, the Town Council shall appoint a new member for the length of the unexpired term.
(3) 
The current members of the Zoning Board of Review may serve the rest of their term. However, in reappointing members, their terms shall be limited so that one appointment expires each year. This may result in an appointment for less than five years during the first five years after the effective date of this chapter.
(4) 
All members of the Zoning Board of Review shall be residents of Lincoln and no member shall be an elected official or an employee of the Town.
(5) 
On the first meeting in August, the Zoning Board of Review shall organize by electing from its membership a Chairman, Vice Chairman and Secretary.
(6) 
The Chairperson, or in his absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.
B. 
Procedures.
(1) 
Meetings shall be held at the call of the Chairman and at such other times as the Zoning Board of Review may determine.
(2) 
All hearings of the Zoning Board of Review shall be open to the public.
(3) 
The Secretary shall be responsible for keeping the minutes of the proceedings and actions, precisely showing the vote of each member upon each question. The minutes shall be filed immediately in the office of Zoning Board of Review and the Town Clerk's office, and shall be a public record.
C. 
Powers and duties.
(1) 
The Zoning Board of Review shall have the following powers and duties:
(a) 
To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by an administrative officer or agency in the enforcement or interpretation of this chapter.
(b) 
To authorize, upon application, in specific cases of hardship, variances in the application of the terms of this Zoning Chapter.
(c) 
To authorize, upon application, in specific cases, special use permits.
(d) 
To refer matters to the Planning Board, or to other boards or agencies of the Town as the Zoning Board of Review may deem appropriate, for findings and recommendations.
(e) 
To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period.
(f) 
To sit as the Planning Board of Appeal, hearing appeals of decisions of the Planning Board on matters of review and approval of land development and subdivision projects.
(g) 
To hear and decide other matters, according to the terms of this chapter or other statutes, and upon which the Board may be authorized to pass under this chapter or other statutes.
(2) 
The Zoning Board of Review is required to vote as follows:
(a) 
Five active members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself, shall not sit as an active member, and take no part in the conduct of the hearing. Only five active members shall be entitled to vote on any issue;
(b) 
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 any zoning administrative officer from whom an appeal was taken; and
(c) 
The concurring vote of four of the five members of the Zoning Board of Review sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the Board, upon which it is required to pass under this chapter, including variances and special use permits.
A. 
The Zoning Board of Review shall sit as the Planning Board of Appeal, to hear an appeal by an aggrieved party from any decision of the Planning Board. Such appeal must be taken within 20 days after the decision has been recorded and posted in the office of the Town Clerk. The appeal shall be in writing and shall state clearly and unambiguously the issue or decision which is being appealed. Upon receipt, the Planning Board of Appeal shall require the Planning Board to transmit all papers, documents, or plans, or a certified copy, constituting the record of the action. An appeal shall stay all proceedings in furtherance of the action being appealed.
B. 
The Planning Board of Appeal shall hold a public hearing on the appeal within 60 days of the receipt of the appeal, give public notice, as well as due notice to the parties of interest. The Board shall render a decision within 10 days of the close of the public hearing. The cost of notice required for the hearing shall be borne by the appellant. The hearing of the Planning Board of Appeal may be held on the same date and place as the Zoning Board of Review. However, such meeting shall be held as a separate meeting from any Zoning Board of Review meeting and separate minutes and records of votes shall be maintained by the Planning Board of Appeal. The Planning Board of Appeal shall keep complete records of all proceedings including a record of all votes taken, and shall put all decisions on appeals in writing. The Planning Board of Appeal shall include in the written record the reasons for each decision.
C. 
The Planning Board of Appeal shall not substitute its own judgment for that of the Planning Board, but must consider the issue upon the findings and record of the Planning Board. The Planning Board of Appeal shall not reverse a decision of the Planning Board except on a finding of prejudicial error, clear error, or lack of support by the weight of the evidence in the record.
D. 
The concurring vote of three of the five members of the Planning Board of Appeal sitting at the hearing shall be necessary to reverse any decision of the Planning Board.
E. 
In the instance where the Planning Board of Appeal overturns a decision of the Planning Board, the proposed project application shall be remanded to the Planning Board at the stage of processing from which the appeal was taken, for further proceedings before the Planning Board and/or the final disposition, which shall be consistent with the Planning Board of Appeal's decision.
F. 
An aggrieved party may appeal a decision of the Planning Board of Appeal to the Superior Court, pursuant to R.I.G.L. § 45-23-71.
A. 
Application procedures for the filing of appeals, request for variances, special use permits, development plan review, site plan review, and such other applications as may be specified in this Zoning Chapter shall be prepared by the Zoning Enforcement Officer.
B. 
Reasonable fees may be required, in an amount to be established by the Town Council, to be paid by the appellant or applicant for the adequate review and hearing of applications, issuance of zoning certificates and recording of the decisions thereon.
C. 
Applications for appeals, request for variances, special use permits, development plan review, site plan review, and such other applications as may be specified in this Zoning Chapter shall be accompanied by a filing fee of $250, plus reasonable abutter notification fees.
D. 
Any application for Zoning Ordinance amendment shall be accompanied by a filing fee of $250, plus petitioner will pay cost of advertising fees.
A. 
The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building 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. 
Any person who violates any provision of this chapter shall be fined not more than $500 for each offense. Each day of existence of any violation shall be deemed to be a separate offense. Any fine shall inure to the Town.
C. 
The Town may also cause suit to be brought in the supreme or Superior Court, or any Municipal Court, including a Municipal Housing Court having jurisdiction, in the name of the Town, to restrain the violation of, or to compel compliance with, the provisions of its Zoning Chapter. The Town may consolidate an action for injunctive relief and/or fines under this chapter in the Superior Court of the county in which the subject property is located.
A. 
Following a public hearing, the Zoning Board of Review shall render a decision within a reasonable period of time. The Zoning Board of Review shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the Zoning Enforcement Officer and Town Clerk within 30 working days from the date when the decision was rendered, and shall be a public record. A Zoning Board decision shall be considered officially approved when the written decision is recorded in the land evidence records. The appeal period shall begin to run on the date the written decision is recorded in the land evidence records. 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, the Zoning Board of Review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device. In the event that an appellant wishes to obtain a transcript of any such stenographic or recorded record, the appellant shall bear all costs of such transcript. The action of the Zoning Board of Review shall be posted in a location visible to the public in Town Hall for a period of 20 days following the Zoning Board’s date of the decision.
[Amended 6-18-2013 by Ord. No. 2013-4
B. 
Any decision by the Zoning Board of Review, including any special conditions attached thereto, shall be hand delivered or mailed to the Zoning Enforcement Officer of the Town, and to the Associate Director of the Division of Planning of the Rhode Island Department of Administration. Any decision evidencing the granting of a variance, modification, or special use shall also be recorded in the land evidence records of the Town by the applicant.
No application for a variance involving the same parcel(s) and the same request which was denied by the Zoning Board after a public hearing or was withdrawn by the applicant or owner with prejudice may be resubmitted for a variance for a period of one year from the date of the denial or withdrawal, unless the Zoning Board determines that there is a substantial change of circumstances that justifies the resubmitted application. The burden of proof to demonstrate sufficient change of circumstance to warrant the resubmission of a variance request within the one-year period shall be upon the applicant or owner.
The Supreme Court, the Superior Court, or the Lincoln Municipal Court, within their respective jurisdictions, or any Justice of those Courts in vacation, shall, upon due proceedings in the name of the Town, instituted by the Town Solicitor, have power to issue any extraordinary writ or to proceed according to the course of law or equity or both:
A. 
To restrain the erection, alteration, or use of any building, structure, sign, or land erected, altered, or used in violation of the provisions of this Zoning Chapter, and to order its removal or abatement as a nuisance;
B. 
To compel compliance with the provisions of this Zoning Chapter;
C. 
To order the removal by the property owner of any building, structure, sign, or improvement existing in violation of this Zoning Chapter and to authorize some official of the Town, in the default of the removal by the owner, to remove it at the expense of the owner;
D. 
To order the reimbursement for any work or materials which shall have been done or furnished by or at the cost of the Town;
E. 
To order restoration by the owner, where practicable; and/or
F. 
To issue fines and other penalties.