It shall be the duty of the Building Inspector of the Town of Middletown, hereinafter called the Zoning Officer, to administer and enforce the provisions of this Ordinance. (back to top)
If the zoning officer shall find that any of the provisions of this Ordinance are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The Zoning Official shall order discontinuance of illegal use of land or structures; removal of illegal structures or additions, alterations or structural changes thereto, discontinuance of any illegal work being done or shall take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions. (back to top)
No building or structure shall be erected, moved, added to or structurally altered and no alteration to land resulting in an increase in impervious surface except for driveways shall be done without a building permit therefore, issued by the zoning officer. No building permit shall be issued except in conformity with the provisions of this Ordinance or except after written order from the Zoning Board of Review. (back to top)
A. All applications for building permits shall be accompanied by plans, in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of structures already existing, if any; and the location and dimensions of the proposed structure or alteration. The application shall include such other information as may be required lawfully by the zoning officer, including information concerning existing or proposed building or alteration; existing or proposed uses of the structure and land; the number of families, housekeeping units, or rental units the structure is designed to accommodate; conditions existing on the lot, to include location of all wetland, floodplains, coastal features and soils information (if applicable); and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this ordinance.
B. One copy of the plans shall be returned to the applicant by the zoning officer, after marking such copy either as approved or disapproved and attested thereto by his/her signature on such copy. The second copy of the plans, similarly marked shall be retained by the zoning officer
C. The zoning officer shall maintain a record of all building permits issued, and copies shall be furnished to any person upon request and upon receipt of a reasonable fee. (back to top)
Applicants for special-use permits from the Zoning Board of Review for uses indicated in Articles 14 through 21 of this Ordinance shall, in addition to the requirements of Section 303 submit a plan drawn to a scale of no smaller than forty feet to the inch (1" = 40') to show the following:
A. A location map showing the location of the proposed site in relation to the Town (no scale required).
B. Tax Assessorís designation of the plat and lot number of the lot, or portion of the lot, proposed to be developed.
C. Proposed name of the development; names and addresses of the owner of the land, the applicant, and the designer or engineer who prepared the plan, date; north arrow and graphic scale.
D. Boundary lines of the lot to be developed with accurate linear and angular dimensions and the total land area encompassed thereby, bearing the stamp of a registered professional engineer or land surveyor.
E. Names of all abutting landowners and plat/lot designation, including land separated from the lot being developed by a street or right of way.
F. Location and accurate description of any existing streets, structures, sewers, water mains, culverts, underground storage tanks, and other utilities, rights-of-way or easements, significant natural features such as fresh or salt water wetlands, coastal features, ground cover or other significant physical features which may have an effect upon development of the land. G. Existing topographic contours at minimum two-foot intervals and a proposed grading plan.
H. Proposed location and dimensions of permanent buildings and accessory structure and their setbacks from property lines.
I. A separate utility Plan(s) to indicate the location and descriptive notation necessary to describe all proposed sewer lines, water lines, storm drainage systems, electric and communications lines, gas lines, outdoor lighting and appurtenant facilities.
J. Location and dimensions of proposed vehicular drives, entrances, exits, acceleration and deceleration lanes and pedestrian facilities.
K. Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of parking stalls, angle of parking.
L. Location, arrangement and dimensions of all required off-street loading spaces.
M. Finished landscaping plan to show proposed ground cover, finished grades, slopes, banks and ditches, buffer zones, plantings, screens, walls, fences or hedges. (back to top)
The purpose of development impact review is to provide for detailed analysis of certain land uses which, because of their scale or intensity of use, have the potential for significant impact on the health, safety or general welfare of town residents, including negative effects on the environment, abutting property values, demand for town services and infrastructure, and traffic safety.
A. Application. The provisions of this section shall apply to the following:
1. All development applications requiring an advisory report from the Planning Board related to a special use permit application, including applications requiring review by the Planning Board under the provisions of Section 314 B.1, except where the application requires an advisory report under the provisions of the Watershed Protection District only.
2. All major subdivision applications of six (6) or more lots. For the purposes of this subsection, separate subdivisions of contiguous parcels under common ownership into a total of 6 or more lots shall be considered as a single subdivision if the applications therefore are filed within a two-year period.
B. Requirements. Applicants for development and subdivisions within the scope of this section shall comply with the following:
1. Impact Statement. The applicant shall submit to the Planning Board an impact statement, prepared with the assistance of qualified consultants, which shall evaluate the potential impact of the development upon:
a) Traffic and parking conditions on site and within the surrounding area;
b) Municipal utilities and services, including water supply, sewage disposal, storm drains, police, fire protection, emergency services, schools, and other town services;
c) The physical and ecological characteristics of the site and the surrounding land, including wetlands, floodplain, vegetation, wildlife habitat, and other environmental conditions;
d) The character of the community, including scenic, historic and archaeological conditions; scale, placement, lighting, parking, and use of open space.
2. Other requirements. In addition to the requirements of this section, applicants for a special-use permit must comply with the site plan requirements of section 304; the requirements of the Town Center Overlay District in Article 24, if applicable; and all other applicable requirements of this Ordinance.
C. Planning Board Review. The Planning Board, with the advice of the Planning Department, may select one or more consultants to prepare an analysis of the impact statement required by this section. Both the impact statement and the consultant analysis shall be considered by the Planning Board in its review of the application.
D. Payment for impact statement and review. The cost of all studies and investigations reasonably necessary to prepare impact statements required under this Section shall be borne by the applicant. The cost of hiring a consultant(s) to review the impact statement shall be borne indirectly by the Applicant through payment of a fee to the Town upon submission of the application, in addition to the filing fee, according to the following schedule:
1. For each application for an apartment, condominium, townhouse, or other multifamily dwelling in excess of two (2) proposed units a fee of $100.00 per unit proposed.
2. For each application for a hotel, motel or inn a fee of $150.00 per rental unit proposed.
3. For each shopping center, retail, office, professional services, manufacturing or other commercial development a fee of $100.00 per one thousand square feet of gross floor space.
4. For each major subdivision of six (6) or more lots application a fee of $500.00 for each proposed new building lot. Any portion of the fees collected under this section that remain unused shall be refunded to the applicant upon expiration of the final appeal period.
E. Recommendations or decision. Upon consideration of the documents required by this Section and of all other relevant information presented to it, the Planning Board shall:
1. In the case of development requiring a special use permit, recommend to the Zoning Board of Review that the application for a special-use permit:
a) Be approved.
b) Be approved with specific conditions or restrictions, which the Board shall explain in detail together with their rationale;
c) Be denied for reasons explained by the Board in detail.
2. In the case of a major subdivision application, render the decision required by the subdivision regulations. (back to top)
A. It shall be unlawful to use or occupy or permit the use or occupancy of any structure or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefore by the zoning officer stating that the proposed use of the structure or land conforms to the requirement of this Ordinance.
B. No nonconforming structure or use shall be renewed, changed or extended until a certificate of zoning compliance shall have been issued therefore by the zoning officer. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this Ordinance.
C. A temporary certificate of zoning compliance may be issued by the zoning officer in his sole discretion for periods not exceeding six months during alteration or partial occupancy of a structure pending its completion; provided, that such temporary certificate may require such conditions and safeguard as will protect the safety of the occupants and the public.
D. The zoning officer shall maintain a record of all certificates of zoning compliance issued and copies shall be furnished to any person upon request and upon receipt of a reasonable fee.
E. Failure to obtain a certificate of zoning compliance shall be a violation of this Ordinance and punishable under Section 310. (back to top)
A. If the work or use described in any building permit has not began within six months from the date of issuance thereof, such permit shall automatically become invalid.
B. If the work described in any building permit has not been completed within two years of the date of issuance thereof, such permit shall automatically become invalid; provided, that the Zoning Board may, upon application thereof and for cause shown, grant an extension, provided that not more than one such extension for a period of one year be granted. In the event of cancellation, written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained. (back to top)
Nothing in this Ordinance shall require changes in the plans, construction or designated use of a structure or portion thereof for which a permit has been heretofore, issued and the construction of which shall have been actually begun within ninety days after this Ordinance becomes effective and for which the entire structure shall be completed, as authorized, within two years thereafter. (back to top)
Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the zoning officer authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement, or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this chapter, and punishable as provided by Section 310. (back to top)
Whenever a violation of this chapter occurs, or is alleged to have occurred any person may file a written complaint, such complaint stating fully the cause and basis thereof, shall be filed with the zoning officer, who shall record properly such complaint, immediately investigate and take action thereon as provided by this Ordinance. (back to top)
A. Any person or corporation, whether as principal, agent, employee or otherwise, who violates any of its provisions of this Ordinance shall be fined not exceeding five hundred dollars ($500) for each offense. Each day of the existence of any violation shall be deemed a separate offense.
B. 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 Ordinance is hereby declared to be a violation of this Ordinance and unlawful. The Town Solicitor shall, immediately upon any such violation having been called to his attention, institute injunction, abatement or any other appropriate action to prevent, enjoining, abate or remove such violation.
C. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. (back to top)
A. An appeal to the Zoning Board of Review from a decision of any other zoning enforcement agency or officer may be taken by an aggrieved party. The appeal shall be taken within a reasonable time of the date of the recording of the decision by the zoning enforcement officer or agency by filing with the zoning officer and with the Board a notice of appeal specifying the grounds thereof. In no case shall this reasonable time exceed thirty (30) days, provided, that the Board may extend such period to sixty (60) days in cases of failure to prosecute such appeal by reason of accident, mistake or any other good cause. The officer or agency from who the appeal is taken shall forthwith transmit to the Zoning Board of Review all the papers constituting the record upon which the action appealed was taken. Notice of the appeal shall also be transmitted to the Planning Board.
B. An appeal shall stay all proceedings in furtherance of an action appealed from, unless the zoning officer certifies to the Board, after the notice of appeal shall have been duly filed, that by reason of facts stated in the certificate a stay would, in the officerís opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application therefore and upon notice to the officer or agency from whom the appeal was taken and on due cause shown.
C. The Zoning Board of Review shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties of interest and decide the matter within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The cost of any notice required for the hearing shall be borne by the applicant.
D. Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law, transactions where there is improper personal benefit or malicious, wanton or willful misconduct.
E. In exercising powers, the Zoning Board may, in conformity with the provisions of chapter, verse or wholly or partly, may modify the order requirement, decision or determination appealed from and may make such orders, requirements, decisions or determinations as sought to be made and to that end shall have the powers of the officer from whom the appeal was taken. All decisions and records of the Zoning Board of Review respecting appeals shall conform to the provisions of Section 45-24-61. (back to top)
Applications for special-use permits and variances shall be filed directly with the Board. (back to top)
(A) An appeal from any decision of the Planning Board or Administrative Officer charged in the Planning Boardís rules and regulations with enforcement of any provisions, may be taken to the Zoning Board, sitting as a Planning Board of Appeal, by an aggrieved party. An appeal from a decision of the Board of Appeal may be taken by the aggrieved party to the Superior Court.
(B) The process of appeal shall be as required by RIGL 45-23-69.
(C) An appeal shall stay all proceedings in furtherance of the action being appealed.
(D) The public hearing on an appeal shall be as required by RIGL 45-23-69.
(E) The standards of review for a Planning Board appeal shall be as required by RIGL 45-23-70. (back to top)
Subject to the provisions of paragraph D of this section, no actions shall be taken by the Zoning Board of Review on the matter of an appeal, special-use permit or variance, or any other matter upon which the Board is authorized to pass, without first holding a public hearing thereon. At such public hearing opportunity shall be given to all persons interested to be heard upon the matter of the appeal, special-use permit or variance.
A. The Board shall fix a reasonable time for the hearing of an appeal or application for a special-use permit or variance; shall publish public notice thereof at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the Town of Middletown prior to the date of such hearing; and shall give due notice by first class mail at least fourteen (14) days in advance to the applicant, all owners of real property located in or within not less than two hundred feet (200í) of the perimeter of the subject area and other parties of interest. The notice shall include the street address of the subject property or if no street address is available, other information which will assist interested parties to identify the property geographically.
B. The Board may:
(1) Request that the Planning Board, other Town commissions or Town departments review the application and report findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan. Such requests shall be acted upon and returned to the Board within thirty (30) days of receipt.
(2) Require that a supplemental notice, when an application for a variance is under consideration, be posted at the location in question. The posting shall be for information purposes only and shall not constitute required notice of a public hearing.
C. The Board shall hear and decide appeals, special-use requests and variances within a reasonable time. Any party may appear at the hearing in person, by agent authorized in writing or by attorney. Notice of granting of an appeal, special-use permit or variance shall be sent to the zoning officer and Middletown Planning Board within ten days after final action.
D. The public hearing in the case of an application for a dimensional variance may be a full hearing or a summary hearing, as determined by the following procedure:
1. At the commencement of a hearing of the Board of Review, the chairperson shall read aloud the name of each applicant who is applying for a dimensional variance only, in the order in which such applications appear on the docket, and shall ask after reading each name whether any member of the Board or any person attending the hearing has any objection to the application or for any other reason objects to a summary hearing on that application.
2. If no objection is made known to the chairperson, the application shall be marked for a summary hearing. If any person objects for any reason, the application shall be marked for a full hearing.
3. After all eligible applications have been thus announced and opportunity for objection has been given, a summary of each application marked for a summary hearing, including the name of the applicant, the location of the property involved, and the nature of the relief sought, shall be read aloud and the chairperson shall again ask if there are any objections to the application. If no objections are heard, the Board shall immediately vote to approve or disapprove the application. If prior to the vote an objection is raised, the application shall be held for later consideration on a full hearing, together with all other applications receiving a full hearing.
4. Following the disposition of all applications marked for a summary hearing, the board shall proceed with full hearings of all other matters on the docket. (back to top)