Enforcement; zoning permits; modifications

[Amended 12-13-2023]

• A. Zoning Inspector. A Zoning Inspector, hereinafter referred to as "Inspector," shall be appointed by the Town Council. It shall be the duty of the Inspector to enforce the provisions of this chapter and to record all amendments to this chapter on the record copy of this chapter and map. In addition, all records of the Zoning Board of Review shall be filed in the office of the Zoning Inspector.
• B. Zoning permits.
  • (1) A permit shall be required indicating that the proposed use of structures or land conforms to the provisions of this chapter for the following:
    • (a) The erection, enlargement or relocation of a building, structure or sign.
    • (b) Change in use of an existing building.
    • (c) Use of vacant land.
    • (d) Change in use of existing land.
  • (2) The Inspector may require that copies of plans, specifications and such other information as he may deem necessary be filed with the application for such permit.
  • (3) No permit may be issued by the Inspector for any use not specifically permitted in this chapter, except where the Inspector receives a statement in writing from the West Greenwich Zoning Board of Review indicating the granting of an appeal, special use permit or variance or a statement in writing from the West Greenwich Town Council indicating an amendment to this chapter.
  • (4) The Inspector shall retain a copy of each permit issued, and one copy shall be forwarded to the Town Clerk and Tax Assessor. Where the Inspector denies the issuance of a permit, a written statement shall be given to the applicant, indicating the reason for such refusal.
• C. Modifications.

  [Added 12-13-2023]

  • (1) The Zoning Inspector is authorized to grant modification permits of up to and including 15% of the literal dimensional requirements of this subsection as follows:
    • (a) Within 10 days of the receipt of a request for a modification, the Zoning Inspector 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, in the case of a modification of 5% or less, the Zoning Inspector 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 Zoning Enforcement 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 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 Inspector shall grant the modification.
    • (c) The Zoning Inspector 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 Inspector 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.