Town of Portsmouth, RI Article XII Administration and Enforcement of Zoning Ordinance

Section A Maintenance of the Zoning Ordinance.

1. The persons charged with the administration and enforcement of the Zoning Ordinance shall be: (1) the Building Official of the Town of Portsmouth, whose minimum qualifications shall be official certification as a building official or inspector in the State of Rhode Island, together with a working knowledge of zoning principles and practices, and/or (2) the Zoning Enforcement Officer of the Town of Portsmouth, whose minimum qualifications shall be a working knowledge of zoning principles and practices.

[Amended 6-13-2005]

2. The Zoning Enforcement Officer shall have the power to:

a) Issue any required permits or certificates hereunder.

b) Collect required fees.

c) Keep records showing the compliance of uses of land.

d) Authorize commencement of uses or development under the provisions of the zoning ordinance.

e) Conduct inspections of suspected violations of this ordinance and of any special conditions imposed upon any development.

f) Issue of violation notices with required corrective action.

g) Collect fines for violations.

h) Perform such other duties and take such actions as may be assigned in the ordinance.

3. 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 his determination within fifteen (15) 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.

4. The Town Clerk shall be the custodian of the zoning ordinance and zoning map or maps created hereunder.

5. The Town Planner, or if none the Planning Board, shall be responsible:

a) 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 ninety (90) days of the authorized change(s); and

b) 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 changes to the Town Council.

6. Printed copies of the zoning ordinance and map(s) of the Town shall be available to the general public and shall be revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs.

7. Upon publication of a zoning ordinance and map, and any amendments thereto, the Town Clerk shall send a copy, without charge, to the Associate Director of the Division of Planning of the Department of Administration of the State of Rhode Island, and the State Law Library.

Section B Application procedure.

1. All applications shall be made to the zoning enforcement officer on appropriate forms prescribed by the zoning enforcement officer. The zoning enforcement officer shall determine which provisions of this ordinance are applicable to the subject property and proposed development. He/she shall provide the applicant a zoning certificate as described in Section A. herein.

2. Should a special use permit and/or a variance be required to meet the provisions of this ordinance, or if the applicant wishes to appeal the decision of the zoning enforcement officer, the applicant may apply to the Zoning Board of Review for same as provided in Article XIII.

3. No building permit may be issued by the building inspector until a determination has been made by the zoning enforcement officer that all zoning requirements have been satisfied.

Section C Preapplication conference.

1. A potential applicant for a development proposal which would be subject to a special use permit, development plan review or change in the zoning ordinance may request a preapplication conference with either the Zoning Enforcement Officer or the Town Planner, or the Planning Board. A preapplication conference is intended to allow the Town to:

a) Acquaint the applicant with the comprehensive plan and any specific plans that apply to the parcel, as well as the zoning and other ordinances that affect the proposed development;

b) Suggest improvements to the proposed design on the basis of a review of the sketch plan;

c) Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and

d) Help the applicant to understand the steps to be taken to receive approval.

2. A preapplication conference is not mandatory.

3. Any preliminary advisory opinion rendered by the Zoning Enforcement Officer or the Town Planner, or the Planning Board may or may not be in writing, at his/her discretion, and shall not be binding upon him/herself, the Zoning Board of Review, the Planning Board, the Town Council, nor any other officer or agent of the Town.

Section D Fees.

A separate Fee Ordinance provides for reasonable fees, which are to be paid by the applicant for the adequate review and hearing of applications, the issuance of zoning certificates, and for the recording of the decisions thereon.