Building Permit/Zoning Certificate/Certificate of Occupancy

§ 701 Building Permit/Zoning Certificate/Certificate of Occupancy

[Amended Jan. 21, 2004; May 21, 2008; 5-3-2022 by Ord. No. 2022-04]

A. Application. Application for a building permit or zoning certificate shall be submitted by the owner of the property or the owner's agent on forms provided by the Building Official or Zoning Official, together with the pertinent application fee(s).

B. Submittal Requirements. The application shall be accompanied by the following:

1. A site plan, drawn to scale, with sufficient clarity to show the lot boundaries, the location of any existing and proposed structures, all proposed or existing uses clearly identified, the distances from all lot lines, off-street parking, buffers and the nature of the work to be performed. The Building Official or Zoning Official shall also require any site plan to include the following, where relevant:

a. Zoning lines and overlay districts;

b. Coastal features and wetlands;

c. Grade elevations for the outermost four (4) corners of the foundation and a calculation of the average grade, for purposes of determining building height. Two permanent benchmarks shall be installed on the property within 200 feet of the proposed building or structure by a Rhode Island Registered Land Surveyor prior to any human activity or land disturbance for the purpose of determining building height. (See § 202, Definitions, "Building Height," "Grade Average" and "Grade, Natural."); [Amended 3-5-2018 by Ord. No. 2018-06]

d. Any other information deemed necessary to evaluate the permit or certificate request. The Building Official or Zoning Official may require any information on the site plan to be prepared and supplied by qualified professionals such as an engineer, surveyor, biologist or other appropriate professional;

2. A certificate from the Department of Environmental Management stating that the water supply and sewage disposal facilities are satisfactory, or evidence of approvals and successful connection to municipal water supplies or sewer lines; and

3. All approvals or variances granted by the Planning Board or the Zoning Board of Review as required by this Ordinance including any development plans, site plans, architectural plans, and/or engineering plans pertinent to such approvals.

C. Review and Disposition. Within 15 days of receiving a complete application, the Building Official and/or Zoning Official shall determine whether the proposed development has received all approvals under and/or otherwise conforms to this Ordinance and any other pertinent law or regulation, and shall approve or deny the application accordingly, in writing. If the application is denied, the writing shall state the reasons for the denial and shall inform the applicant that the determination of the Building or Zoning Official may be appealed to the Zoning Board of Review, pursuant to § 709, Appeals of this Ordinance.

D. Permit Placard. A true copy of the permit placard issued with the building permit shall be kept on site and available for public inspection during the course of construction and until completion. A true copy of the permit placard issued with the zoning certificate/certificate of use shall be kept on site and available for inspection by the Zoning Official.

E. Permit Revocation/Expiration.

1. Revocation. The Building Official shall revoke a building permit or zoning certificate if they find that the permit application contained misrepresentations of fact or if the parameters of the permit are violated by work or any activity that does not conform to the approved plans for which the permit or certificate has been issued.

2. Expiration. Any permit issued shall become invalid unless the work authorized by it shall have been commenced within six months after its issuance, or if the work authorized by the permit is suspended or abandoned, for a period of six months after the time the work is commenced.

3. Extension. The Building Official may grant an extension, for a period not exceeding 90 days, for cause. All extensions shall be in writing and signed by the Building Official.

F. Records. The Building Official's office shall keep accurate records of all building permits issued, indicating plat/lot, new construction, additions or modifications, and building type. In addition, records are to be kept of all site visits with action taken and the time and issue date of all permits, certificates and stop orders. In the latter case, the Building Official shall record the conditions warranting a stop order by taking photographs and providing a written description of the nonconforming elements.

G. Certificate of Occupancy/Zoning Certificate.

1. The Building Official shall issue a certificate of occupancy and the Zoning Official a zoning certificate for any building, structure or land only if any use or construction thereon requiring a permit under this Section has been carried out in conformance with the requirements of such permit.

2. The certificate of occupancy/zoning certificate shall state that the intended use, building, structure or lot conforms to the permit issued pursuant to this Section, and complies with or is legally nonconforming to the provisions of this Ordinance or is an authorized variance or modification therefrom.