Administration and enforcement

[Amended 11-21-2024, effective 11-21-2024; 11-21-2024, effective 11-21-2024]

• A. Zoning Officer. A zoning officer, hereinafter referred to as “Inspector,” shall be appointed by the Town Council. The minimum qualifications of the Inspector shall be the ability to intelligently interpret this chapter and to enforce the chapter in an effective, firm and tactful manner, and to carry out such other related duties as may be required from time to time by the Town Council.
• B. Zoning Officer duties. The Inspector shall enforce the provisions of this chapter, unless otherwise specified. No application, building permit or zoning certificate, plan specification or intended use which is not in accordance with the provisions of this chapter shall be approved by the Inspector. In addition, the following duties shall be administered by the Inspector:
  • (1) Issue zoning certificates.
    • (a) Issue zoning certificates, upon written application, which shall be required for any of the following:
      • [1] Proposed occupancy and intended use of a building hereinafter erected, enlarged, or relocated.
      • [2] Proposed change in use of an existing building to a use of different classification.
      • [3] Proposed change in the use of land to a different use.
      • [4] Proposed change in use of a nonconforming use.
      • [5] Proposed driveway access to a state or Town road.
      • [6] Proposed erection, enlargement, replacement or relocation of any sign except as specified in Article V of this chapter.
    • (b) No such occupancy, use, change in use, driveway access or sign shall be initiated until the Inspector has issued a written zoning certificate stating that such conforms to all provisions of this chapter. If there is such conformity, such zoning certificate will be issued within five days of the receipt of written application for same is received by the Inspector.
    • (c) Written application for a zoning certificate for a new building or for an existing building which is intended to be enlarged shall be made at the same time as the application for the building permit for such building. No building permit for the erection of any building shall be issued before application has been made for a zoning certificate.
    • (d) The Inspector may require that copies of plans, specifications and other such information as he may deem necessary be filed with the application for such certificate.
    • (e) Pending the issuance of such a certificate, a temporary zoning certificate may be issued by the Inspector for a period of not more than six months during the completion of the construction of a building or of alterations, which are required under the terms of any law or ordinance. Such temporary certificate shall not be construed in any way to alter the respective rights, duties or obligations of the owner or the Town relating to the use or occupancy of the land or building, or any other matter covered in this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
    • (f) A record of all zoning certificates shall be kept on file in the office of the Inspector, and a copy shall be forwarded to the applicant, Zoning Board of Review, Town Council, and a copy shall be forwarded, on request, to any person.
    • (g) A fee for each copy requested shall be determined from time to time by the Town Council, in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws.
  • (2) Review and approve, for zoning compliance, building permits and certificates of occupancy.
  • (3) Collect required fees for variances, special use permits, and appeal applications.
  • (4) Receive and review for proper form all applications for variances, special use permits, and appeals.
  • (5) Transmit all applications to the Zoning Board of Review, Planning Office, Town Council, and other agents or employees of the Town as elsewhere specified in this chapter.
  • (6) Prepare the calendar of the Zoning Board of Review in compliance with the Board's adopted rules of procedure.
  • (7) Keep records on compliance of uses of land.
  • (8) Inspect suspected violations and issue violation notices in cooperation with the appropriate law enforcement authority or the Town Solicitor.
  • (9) Maintain and update the text and Zoning Map comprising the zoning ordinance, in coordination with the Town Clerk.
    • (a) Changes which impact the Zoning Map shall be depicted on the Official Zoning Map within 90 days of the authorized change(s), and amendments to the text shall be included in the ordinance within 60 days of such authorized change(s). The Town Clerk shall be the custodian of the official zoning text and Zoning Map which comprises the zoning ordinance. In addition, the Town Clerk shall be responsible to receive, in proper form, petitions for amendments or repeals to the zoning text and/or amendments to the Zoning Map, as provided for elsewhere in this chapter. The Town Clerk shall also be authorized to collect fees for such petitions for amendment or repeal, as set forth and may be amended by the Town Council, in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws.
    • (b) In the case of a conditional zone change, the limitations, restrictions and conditions shall not be included on the Zoning Map until the zone change has become effective.
  • (10) Provide printed copies of the zoning ordinance, in a manner as specified elsewhere in this chapter, to the general public. A fee shall be charged for said ordinance, as specified and may be amended by the Town Council, and in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws. In addition, the Town shall send a copy of the zoning ordinance, without charge, to the Associate Director, Division of Planning, Department of Administration, State of Rhode Island.
  • (11) Modifications. The zoning officer is authorized to grant modification permits of up to and including 15% of the literal dimensional requirements of this ordinance as follows:
    • (a) Within 10 days of the receipt of a request for a modification, the zoning officer shall make a decision as to the suitability of the requested modification based on the following determinations:
      • [1] The modification 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;
      • [4] The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.
    • (b) Upon an affirmative determination, the zoning officer 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 or town 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 modification shall be scheduled for the next available hearing before the zoning board of review, or planning board if the application is subject to unified development review under § 350-57.1, on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within 14 days, the zoning officer shall grant the modification.
    • (c) The zoning officer may apply any special conditions to the permit as may, in the opinion of the officer, be requested to conform to the intent and purposes of the zoning ordinance.
    • (d) The zoning officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.
    • (e) Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
• C. Actions and decisions of the Inspector. Actions and decisions of the Inspector may be appealed to the Zoning Board of Review, as specified elsewhere in this chapter.
• D. Violations. The erection, construction, reconstruction, alteration, enlargement or moving of any building or structure and the use of any land, premises, building or structure which is continued, operated or maintained contrary to the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful. The Inspector may institute appropriate action(s) against any known violation(s), as follows:
  • (1) Any person, group of persons, or corporation violating any of the provisions of this chapter or any safeguard or condition attached to the granting of a special use permit or variance may be fined not more than $100 for each offense. Each day of the existence of a violation shall be deemed a separate offense. Immediately upon notification of any violation, the Town Solicitor shall institute appropriate action by way of warning or suit or other means in his discretion to prevent, enjoin, abate or remove such violation, or to recover fines therefor.
  • (2) The Town may 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 this chapter. The Town may consolidate an action for injunctive relief and/or fines under this chapter in the Providence County Superior Court.
• E. Adoption and amendment(s). This chapter may be adopted and amended by application to the Town Council by a member of the Town Council, any person, group of persons, corporation or others desiring such adoption or amendment(s). Any amendment to this chapter, either the text, map or both, shall be consistent with the Glocester Comprehensive Community Plan, the Rhode Island Zoning Enabling Act of 1991, as specified in Title 45, Chapter 22.2 and Chapter 24 of the Rhode Island General Laws, and the Glocester Home Rule Charter. An amendment(s) may include the text language, the Zoning Map or a combination of the text and map. A petition to amend this chapter may be obtained from and must be filed in the office of the Town Clerk and shall conform to the following requirements:
  • (1) Define the section or subject area that is the subject of the instant petition and explain the nature of the proposed amendment and decision sought by the applicant.
  • (2) Assert whether the proposed amendment is consistent with the Glocester Comprehensive Community Plan, which shall include a specific citation referring to the goals and policies statement, the implementation program, and all other applicable elements of the plan.
  • (3) Provide the filing fee established, and as may be amended, by the Town Council, in accordance with Title 45, Chapter 24-59 of the Rhode Island General Laws.
  • (4) In the instance where a Zoning Map amendment is proposed, a map must be submitted showing the shape, dimension and area of the existing and proposed amendment boundaries for the subject area and extending out 200 feet from the outer perimeter of the proposed amendment area, indicating:
    • (a) The location of all zoning district boundaries;
    • (b) The street numbers and assessor's lot numbers of all properties;
    • (c) The general location, shape, and use of all existing structures and buildings;
    • (d) A listing of all owners of real property located in or within not less than 200 feet of the perimeter of the area proposed for amendment, as listed on the most recent real estate tax assessment records of the town in which the property is located, regardless of municipal boundaries; and
    • (e) Such other information that may be determined necessary by Town officials for the proper execution of this chapter.
  • (5) Assert whether there is a public or quasi-public water source, or private water source, within 2,000 feet of any real property that is the subject of the proposed zoning text, map or both, amendment, regardless of municipal boundaries. In the instance of a text amendment(s) that affects a district or districts generally, this requirement shall include a determination as to whether a public or quasi-public water source is located in or within not less than a two-thousand-foot radius beyond the municipal boundaries of the Town. Such information shall be available in the office of the Town Clerk.
  • (6) Review process. All petitions for adoption or amendment(s) to this chapter shall be subject to the following review procedure:
    • (a) Upon receipt of a petition to amend the zoning ordinance text, map or both, the Glocester Town Clerk shall transmit a copy of such petition to the Town Council and Planning Board. The Planning Board shall study the proposal and submit an advisory recommendation to the Town Council within 45 days of its receipt of the proposal and give its findings and recommendations as specified in Title 45, Chapter 24 of the Rhode Island General Laws and § 350-7 of this chapter. The Town Council shall hold a public hearing on the instant proposal, after giving proper notice as specified in § 350-8 in this chapter, within 65 days of its receipt of the amendment proposal. The Town Council shall render a decision on any proposal within 45 days after the date of completion of the public hearing. However, these deadlines may be extended by consent of the applicant(s), and these deadlines shall be in accordance with Title 45, Chapters 22.2 and 24 of the Rhode Island General Laws. In addition, within 15 days after the approval of an amendment to this chapter by the Town Council, the Town Clerk shall make copies of such amendment available to the public and shall append copies of such amendment to the record copy of the zoning ordinance. Where an amendment changes the zoning ordinance map, the record copy of said map shall be amended to show the change and a notation shall be made thereon, giving the date of amendment and the appropriate reference into the Town Council records.
    • (b) In the instance where an amendment(s) to the zoning ordinance text, map or both is submitted by the Planning Board, the requirements for study by the Board may be waived, provided the proposal by the Planning Board includes its findings and recommendations pursuant to § 350-7E(7)(b) of this chapter and Title 45, Chapter 24, Section 52 of the Rhode Island General Laws.
    • (c) In granting a zoning ordinance text, map, or both, amendment, the Town Council may limit the amendment to one of those permitted uses in the zone to which the subject land is rezoned, and impose such limitations, restrictions, and conditions, including, without limitation:
      • [1] Requiring the petitioner to obtain a permit or approval from any and all state or local government agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning ordinance amendment;
      • [2] Those relating to the effectiveness or continued effectiveness of the zoning ordinance amendment; and/or
      • [3] Those relating to the use of the land, as it deems necessary. If such limitation, restrictions and/or conditions are imposed by the Town Council, the Town Clerk shall cause such to be clearly noted on the zoning ordinance map and recorded in the land evidence records; provided, however, in the case of a conditional zone change, the limitations, restrictions and conditions shall not be noted on the zoning ordinance map until the zone change has become effective.
    • (d) If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purposed for a period of two years or more after the amendment becomes effective, the Town Council may, after a public hearing as specified elsewhere in this chapter, change the land to its original zoning use before the petition was filed.
    • (e) In the instance where a proposed change to the zoning ordinance text, map, or both, requires an amendment to the Comprehensive Community Plan, the Town Council shall first be required to approve the amendment to the Comprehensive Community Plan prior to granting the zoning ordinance change, in accordance with the requirements of this chapter and Title 45, Chapters 22.2 and 24 of the Rhode Island General Laws.
  • (7) Planning Board. The Glocester Planning Board shall have the following responsibilities with regard to this chapter:
    • (a) At least once every two years, the Planning Board shall review this chapter and make a written report to the Town Council recommending any amendments deemed appropriate in the light of current development trends and needs. In addition, whenever changes are made to the Comprehensive Community Plan of the Town, the Planning Board shall identify any changes necessary to the zoning ordinance and/or Zoning Map to maintain consistency between the documents and forward a written report regarding its findings and proposed changes to the Town Council.
    • (b) Every proposal for an amendment or relief or repeal of any provision of this chapter shall be forwarded to the Planning Board for review to determine whether the proposed amendment(s) or relief or repeal is consistent with the Comprehensive Community Plan, adopted pursuant to Title 45, Chapter 22.2 of the Rhode Island General Laws, including the goals and policies statement, the implementation program, and all other applicable elements of the Comprehensive Community Plan, and for an advisory opinion regarding the merits of the proposal. This determination and opinion shall be conveyed in a written report to the initiating body, within the time allowed as specified elsewhere in this chapter, that details a demonstration of recognition and consideration of each of the applicable purposes of the zoning ordinance and sound principles of planning and land use. In forming this determination and opinion the Planning Board may solicit the input and advice of other Town boards, officials and/or experts. The report to be prepared by the Planning Board shall include a determination whether the instant proposal is consistent with the Glocester Comprehensive Community Plan, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive community plan, or whether an amendment to the Glocester Comprehensive Community Plan is necessary and proper, as specified in Title 45, Chapters 22.2 and 24 of the Rhode Island General Laws.
  • (8) Notification. No amendment to the zoning ordinance text, map, or both, shall be enacted until after a public hearing has been held upon the specific proposal before the Town Council. Prior to the date of the public hearing by the Town Council, the Town Clerk shall first give notice of the public hearing by publication of notice in a newspaper of local circulation within the Town at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed amendment.
    • (a) The notice shall:
      • [1] Specify the place of the hearing and the date and time of its commencement;
      • [2] Indicate the proposed amendment of the zoning ordinance text, map, or both, that is under consideration;
      • [3] Contain a statement of the proposed amendment(s) to the zoning ordinance text, map, or both, that may be printed once in its entirety, or summarize and describe the matter under consideration;
      • [4] Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied;
      • [5] State that the proposed amendment(s) may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. However, any amendment or alteration of the proposal must be presented for comment in the course of the hearing;
    • (b) Notice shall also be sent by certified or registered mail to the city or town council of any municipality that is located in or within 200 feet of the boundary of the area proposed for amendment, or also where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of any real property that is the subject of a proposed zoning ordinance amendment, regardless of municipal boundaries.
    • (c) Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within 2,000 feet of any real property which is the subject of a proposed zoning ordinance amendment; provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the Glocester Town Clerk a map survey, which shall be kept as a public record, showing the areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
    • (d) In instances where a proposed general amendment to an existing zoning ordinance includes changes in an existing Zoning Map, public notice shall be given as required in § 350-7E(5) and (8).
    • (e) In instances where a proposed amendment(s) to an existing ordinance includes a specific change in a zoning district map, but does not affect districts generally, public notice shall be given as required in § 350-7E(5) and (8), with the following additional requirements:
      • [1] Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and streets and roads and their names, and municipal boundaries where appropriate;
      • [2] Written notice of the date, time, and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located in or within not less than 200 feet of the perimeter of the subject area proposed for change, whether within the Town or within an adjacent municipality; such notice shall be sent by first-class mail to the last known address of the owner(s), as shown on the current real estate tax assessment records of the municipality in which the property is located. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the amendment. Any notice sent by first-class mail shall submit a notarized affidavit to attest to such mailing.
    • (f) The same notice shall be posted in the Town Clerk's office and one other municipal building in the municipality and will be posted on the municipal home page of the Town's website at least 14 days' prior to the hearing. The notice shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration at least 14 days' prior to the hearing building in the municipality and will be posted on the municipal home page of the Town's website at least 14 days' prior to the hearing. The notice shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration at least 14 days' prior to the hearing.
  • (9) Repetitive petitions.
    • (a) Where the Town Council, in the case of an amendment, or the Zoning Board of Review, in the case of a special use permit, or variance, denies the application, the Town Council or the Zoning Board may not consider another application requesting the same amendment, special use permit, or variance for a period of one year from the date of such denial or withdrawal.
    • (b) The Town Council or the Zoning Board, as the case may be, may accept such an application after six months, provided that the application is accompanied by an affidavit setting forth facts, to the satisfaction of said Council or Board, showing a substantial change or circumstances justifying a rehearing.