[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.
