The local official responsible for the administration
and enforcement of this chapter is the Zoning Enforcement Officer,
who shall have a minimum of five years of zoning ordinance administration
and enforcement experience.
The responsibilities of the Zoning Enforcement
Officer shall include:
A.
The issuing of any required permits or certificates;
B.
Collection of required fees;
C.
Keeping of records showing the compliance of uses
of land;
D.
Authorizing commencement of uses or development under
the provisions of this chapter;
E.
Inspection of suspected violations;
F.
Issuance of violation notices with required correction
action;
G.
Collection of fines for violations; and
H.
Performing such other duties and taking such actions
as may be assigned in this chapter.
A.
Guidance and clarification. 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 the determination by the official within 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 for the determination.
B.
Zoning certificate.
(1)
A zoning certificate shall be required for any of
the following:
(a)
Occupancy and use of a building hereafter erected
or enlarged.
(b)
Change in use of an existing building to a use
of different classification.
(c)
Occupancy and use of vacant land.
(d)
Change in the use of land to a use of a different
classification.
(e)
Any change in use of a nonconforming use.
(f)
Erection or installation of a sign.
(2)
No such occupancy, use or change of use shall take
place until a zoning certificate therefor shall have been issued by
the Zoning Enforcement Officer.
(3)
Written application for a zoning certificate for a
new building shall be made at the same time as the application for
the building permit for such building. Said certificate shall be issued
within 15 days after a written request for the same has been made
to the Zoning Enforcement Officer after the erection of such building
has been completed in conformity with the provisions of this chapter.
(4)
Pending the issuance of such certificate, a temporary
zoning certificate may be issued by the Zoning Enforcement Officer
for a period of not more than six months during the completion of
the construction of the 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
of 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.
(5)
Written application for a zoning certificate for the
use of vacant land, or for a change in the use of land or of a building,
or for a change in a nonconforming use, as herein provided, shall
be made to the Zoning Enforcement Officer. Additionally, no permit
for erection of any building shall be issued before application has
been made for a zoning certificate.
(6)
If the proposed use is in conformity with the provisions
of this chapter, the zoning certificate therefor shall be issued within
15 days after the application for the same has been made. Each zoning
certificate shall state that in the opinion of the Zoning Enforcement
Officer the use, structure, building or lot either complies with or
is legally nonconforming to the provisions of this chapter or is an
authorized variance therefrom.
(7)
A record of all zoning certificates shall be kept
on file in the office of the Zoning Enforcement Officer and Tax Assessor,
and a copy shall be forwarded, on request, to any person having a
proprietary or tenancy interest in the building or land affected.
C.
Relation to other codes; regulations and ordinances.
The issuance of a zoning certificate shall in no way relieve the applicant
of the responsibility of obtaining such permits or approvals as may
be required under the provisions of other applicable laws, codes,
regulations and ordinances relating to, among other things, the use,
erection, alteration or modification of a building or structure or
to the use or subdivision of land.
D.
Expiration of a zoning certificate. A zoning certificate
shall be valid for the duration of the use which was the subject of
the original application and issuance and shall expire upon the termination
of that use.
Nothing in this amendment shall prevent the completion of any construction for which a valid building permit has been heretofore issued, except that such construction shall be initiated and completed within the time period provided in § 340-134. Where such a valid building permit exists, no zoning certificate shall be required.
The Johnston Town Clerk shall be the custodian
of the Johnston Zoning Ordinance and Zoning Map or maps created thereunder.
A.
The responsibility for the maintenance and update
of the text and Zoning Map comprising this chapter shall be the Town
Clerk's, with the assistance of the Town Planner; changes which impact
the Zoning Map shall be depicted on the map within 90 days of the
authorized change(s); and
B.
The Planning Board shall be responsible for review
of this chapter at reasonable intervals, at a minimum of once every
five years; and whenever changes are made to the Johnston Comprehensive
Plan, for the identification of any changes necessary and for the
forwarding of these changes to the Town Council.
A.
The Zoning Board of Review of the Town of Johnston
is hereby created. The Zoning Board may engage legal, technical, or
clerical assistance to aid in the discharge of its duties. The Zoning
Board shall establish written rules of procedure, a mailing address
to which appeals and correspondence to the Zoning Board shall be sent,
and an office where records and decisions shall be filed.
B.
The Zoning Board shall consist of five members, each
to hold office for the term of five years; provided, however, that
the original appointments shall be made for terms of one, two, three,
four, and five years, respectively. The Zoning Board shall also include
two alternates to be designated as the first and second alternate
members. These alternate members shall sit and may actively participate
in hearings. The first alternate shall vote if a member of the Zoning
Board is unable to serve at a hearing and the second shall vote if
two members of the Zoning Board are unable to serve at a hearing.
In the absence of the first alternate member, the second alternate
member shall serve in the position of the first alternate. No member
or alternate may vote on any matter before the Zoning Board unless
they have attended all hearings concerning that matter.
C.
Members of the Johnston Zoning Board of Review serving
on the effective date of adoption of this chapter shall be exempt
from provisions of this section respecting terms of originally appointed
members until the expiration of their current terms.
D.
Upon the expiration of terms of office of the existing
members, the Town Council shall appoint one member of the Board to
succeed the member whose term has expired and said regular appointee
shall thereafter hold office for a term of five years. The alternate
members shall be appointed for a term of one year. All members shall
serve until their successors are duly appointed and qualified. Members
of the Zoning Board shall be legal residents of the Town of Johnston
and no member shall be an elected official or a salaried employee
of the Town of Johnston. If any vacancy occurs in the membership of
the Board, the Town Council shall appoint a new member to fill the
vacancy of the remainder of the unexpired term.
E.
Once each year the Zoning Board shall organize by
selecting from its membership a Chairperson, Vice Chairperson, and
Secretary.
F.
Meetings of the Zoning Board shall be held at the
call of the Chairperson and at such other times as the Zoning Board
may determine. The Chairperson or, in his absence, the Vice Chairperson,
may administer oaths and compel the attendance of witnesses and the
submission of explanatory data. All hearings of the Zoning Board shall
be open to the public.
The Johnston Zoning Board of Review shall:
A.
Have the following powers and duties:
(1)
To hear and decide appeals in a timely fashion where
it is alleged there is error in any order, requirement, decision,
or determination made by the Zoning Enforcement Officer or other administrative
officer or agency in the enforcement or interpretation of this chapter,
or of any ordinance adopted pursuant hereto;
(2)
To hear and decide appeals from a party aggrieved
by a decision of a historic district commission, pursuant to R.I.G.L.
§§ 45-24.1-7.1 and 45-24.1-7.2;
(3)
To hear and decide appeals where the Zoning Board
is appointed as the board of appeals for airport zoning regulations
pursuant to R.I.G.L. § 1-3-19;
(4)
To authorize, upon application, in specific cases of hardship, variances in the application of the terms of this chapter, pursuant to R.I.G.L. § 45-24-41 and § 340-74 of this chapter;
(5)
To authorize, upon application, in specific cases, special use permits, pursuant to R.I.G.L. § 45-24-42 and § 340-75 of this chapter;
(6)
To refer matters to the Planning Board, or to other
boards or agencies of the Town of Johnston as the Zoning Board may
deem appropriate, for findings and recommendations;
(7)
To provide for issuance of conditional zoning approvals
where a proposed application would otherwise be approved except that
one or more state or federal agency approvals which are necessary
are pending. A conditional zoning approval shall be revoked in the
instance where any necessary state or federal agency approvals are
not received within a specified time period;
(8)
To hear and decide other matters, according to the
terms of this chapter or other statutes, and upon which the Zoning
Board may be authorized to pass under the chapter or other statutes.
B.
Be required to vote as follows:
(1)
Five active members shall be necessary to conduct
a hearing. As soon as a conflict occurs for a member, that member
shall excuse himself or herself, shall not sit as an active member,
and take no part in the conduct of the hearing. Only five active members
shall be entitled to vote on any issue.
(2)
The concurring vote of three of the five members of
the Zoning Board sitting at a hearing shall be necessary to reverse
any order, requirement, decision, or determination of the Zoning Enforcement
Officer from whom an appeal was taken.
(3)
The concurring vote of four of the five members of
the Zoning Board sitting at a hearing shall be required to decide
in favor of an applicant on any matter within the discretion of the
Zoning Board upon which it is required to pass under this chapter,
including variances and special use permits.
A.
The Zoning Board and the Planning Board shall adopt
application procedures and application forms for the filing of appeals,
requests for variances, special use permits and such other applications
as may be specified in this chapter within 60 days of the date of
adoption of this chapter.
B.
Copies of the application procedures and forms shall
be filed with the Town Clerk within five days of their adoption by
the Zoning Board and the Planning Board.
C.
Any revisions of applications procedures and forms
shall be filed with the Town Clerk within five days of their adoption.
At the request of either the Planning Board
or the applicant, a preapplication conference with the Planning Board
shall be held to:
A.
Acquaint the applicant with the Johnston Comprehensive
Plan and any specific plans that apply to the parcel, as well as this
chapter 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.
Fees, in an amount not to exceed actual costs incurred for mailing, legal advertising and professional services, shall be paid by the appellant or applicant for the adequate review and hearing of applications, the issuance of zoning certificates, and for the recording of the decisions thereon. The Zoning Board and the Planning Board shall include a schedule of fees as part of application forms required under § 340-121 above.
[Added 10-19-1995 by Ord. No. 951; amended
by Ord. No. 1015; 5-12-2003 by Ord. No. 2003-7; 6-14-2004 by Ord. No. 2004-13]
A.
Purpose. The purpose of this section is to establish
an updated schedule of fees to be paid to the Town of Johnston for
submissions and reviews by the Planning Board.
B.
Fee schedule. The following fee schedule for Planning
Board fees is hereby adopted as follows:
[Amended 5-10-2010 by Ord. No. 2010-12]
Description
|
Fee
| ||
---|---|---|---|
Advisory opinion from Planning Board's Administrative
Officer
|
$100
| ||
Advisory opinion before Planning Board
|
$150
| ||
Preapplication conference with Administrative
Officer
|
$50/project
| ||
Administrative subdivision
| |||
Application fee
|
$80, plus $75/lot1
| ||
Review fee
|
$50/hour (5-hour minimum)2
| ||
Concept review stage
| |||
Subdivisions
| |||
Application fee
|
$80, plus $50/lot
| ||
Review fee
|
$50/hour (five-hour minimum)2
| ||
Land development projects
|
$50 per unit or acre,2 plus $80
| ||
Application fee
|
$80, plus $50/unit or acre3
| ||
Review fee
|
$50/hour (five-hour minimum)2
| ||
Master plan stage
| |||
Subdivisions
| |||
Application fee
|
$80, plus $75/lot
| ||
Review fee
|
$50/hour (five-hour minimum)2
| ||
Land development projects
| |||
Application fee
|
$80, plus $75/unit or acre3
| ||
Review fee
|
$50/hour (five-hour minimum)2
| ||
Decision (preparation fee)
|
$150/decision
| ||
Preliminary plan stage
| |||
Subdivisions
| |||
Application fee
|
$80, plus $125/lot
| ||
Review fee
|
$50/hour (five-hour minimum)2
| ||
Land development projects
| |||
Application fee
|
$80, plus $125/unit or acre3
| ||
Review fee
|
$50/hour (five-hour minimum)2
| ||
Decision (preparation fee)
|
$150/decision
| ||
Informational meeting preparation fees
| |||
Subdivisions
|
$50, plus $2/each required notice to each addressee
on notification list
| ||
Multifamily and/or residential unit planned
development projects
|
$50, plus $2/each required notice to each addressee
on notification list
| ||
Land development projects
|
$50, plus $2/each required notice to each addressee
on notification list
| ||
Any other project not otherwise listed (requiring
an informational meeting)
|
$50, plus $2/each required notice to each addressee
on notification list
| ||
Public hearing preparation fees
| |||
Subdivisions
|
$50, plus $5/each required notice to each addressee
on notification list
| ||
Multifamily and/or residential unit planned
development projects
|
$50, plus $5/each required notice to each addressee
on notification list
| ||
Land development projects
|
$50, plus $5/each required notice to each addressee
on notification list
| ||
Any other project not otherwise listed (requiring
a public hearing)
|
$50, plus $5/each required notice to each addressee
on notification list
| ||
Final stage
| |||
Subdivisions
| |||
Application fee
|
$80, plus $105/lot
| ||
Review fee
|
$50/hour (five-hour minimum)2
| ||
Land development projects
| |||
Application fee
|
$80, plus $105/unit or acre3
| ||
Review fee
|
$50/hour (five-hour minimum)2
| ||
Decision (preparation fee)
|
$150/decision
| ||
Review for recording for subdivisions [Note:
Town Clerk recording fees are not included.]
|
$80, plus $75/lot
| ||
Review for final filing for land development
projects and any other non-subdivision projects not otherwise addressed
|
$80, plus $75/unit or acre3
| ||
Review of buildable lot applications
|
$300/application
| ||
Review of Town Council referred projects
|
$100/acre3 ($100
minimum)
| ||
Review of Zoning Board of Review referred projects
|
$100/acre3 ($100
minimum)
| ||
Review of Comprehensive Plan proposed land use
map amendment proposals
|
$700/acre3 ($700
minimum)
| ||
Review of Comprehensive Plan proposed text amendment
proposals
|
$1,000
| ||
Review of Town Council Zoning Map amendment
petitions
|
$700/acre3 ($700
minimum)
| ||
Review of Town Council zoning text amendment
petitions
|
$1,000
| ||
Site plan review
| |||
Application for industrial projects
|
$700/acre3
| ||
Application for commercial and business projects
|
$700/acre3
| ||
Application for planned development (PD) projects
|
$300, plus $50/acre,3 plus $25/unit
| ||
Application for nonresidential projects requiring
landscaping review (less than one acre)
|
$250/acre3
| ||
Application for nonresidential projects not
otherwise addressed
|
$700/acre3
| ||
Application for multifamily development and
other residential (non-PD) projects not otherwise addressed
|
$300, plus $50/acre,3 plus $25/unit
| ||
Review fee for all site plan review projects
|
$50/hour (five-hour minimum)2
| ||
Appeal to the Johnston Board of Appeals to a
decision of the Planning Board and/or Administrative Officer
|
$250
| ||
Recording fee for all decisions
|
Actual costs
| ||
Mailing costs for required notifications (actual
mailing costs plus duplication cost of materials and attachments)
[Note: Applicants will be charged for each meeting
where they do not attend the meeting (no-show) or request to be continued
after the notice has been published or are repeatedly incomplete with
their presentation thereby requiring a continuance.]
|
For each meeting, $50, plus duplication and
preparation costs, plus actual mailing costs
| ||
Advertising costs for required notices for public
hearings, including newspaper advertisement
|
Actual costs
| ||
Advertising costs for required monthly meeting
notices
[Note: Applicants will be charged for each meeting
where they do not attend the meeting (no-show) or request to be continued
after the notice has been published or are repeatedly incomplete with
their presentation thereby requiring a continuance.]
|
$50/agenda item
|
NOTES:
| ||
1"Number of lots"
based on highest number of lots before or after the administrative
subdivision.
| ||
2Actual hourly review
costs at five-hour minimum will be charged and collected at time of
application submission; hours spent in excess of five hours will be
billed to the applicant at the actual costs ($50/hour minimum); no
final decision or recording will be completed until all fees have
been paid.
| ||
3"Acres" refers to
acres to be disturbed (rounded up); fee cost is the greater cost based
on the per-unit or per-acre formula cost.
|
[Added 10-19-1995 by Ord. No. 952; amended 9-8-1997 by Ord. No.
1016; 6-14-2004 by Ord. No. 2004-14; 5-10-2010 by Ord. No.
2010-12]
The following fee schedule for Zoning Board
of Review fees is hereby adopted as follows:
Description
|
Fee
| ||
---|---|---|---|
Advisory opinion from Zoning Official/Zoning
Enforcement Officer
|
$100
| ||
Variances, excluding sheds and signs
| |||
Residential uses and zones
| |||
Application fee
|
$80, plus $250/lot or unit1
| ||
Review fee
|
$50/hour (three-hour minimum)2
| ||
Commercial, business, office, industrial, nonresidential
uses and zones
| |||
Total project site's building GFA less than
5,000 square feet
|
Application fee of $1,000, plus review fee of
$50/hour (three-hour minimum)2
| ||
Total project site's building GFA 5,001 to 10,000
square feet
|
Application fee of $1,500, plus review fee of
$50/hour (three-hour minimum)2
| ||
Total project site's building GFA 10,001 to
20,000 square feet
|
Application fee of $2,000, plus review fee of
$50/hour (three-hour minimum)2
| ||
Total project site's building GFA greater than
20,000 square feet
|
Application fee of $100/every 1,000 square feet
of total project site building GFA (prorated, rounded up to nearest
1,000 square feet of GFA), plus review fee of $50/hour (three-hour
minimum)2
| ||
Special use permits
| |||
Residential uses and zones
| |||
Application fee
|
$80, plus $250/lot or unit1
| ||
Review fee
|
$50/hour (three-hour minimum)2
| ||
Commercial, business, office, industrial, nonresidential
uses and zones
| |||
Total project site's building GFA less than
5,000 square feet
|
Application fee of $1,000, plus review fee of
$50/hour (three-hour minimum)2
| ||
Total project site's building GFA 5,000 to 10,000
square feet
|
Application fee of $1,500, plus review fee of
$50/hour (three-hour minimum)2
| ||
Total project site's building GFA 10,001 to
20,000 square feet
|
Application fee of $2,000, plus review fee of
$50/hour (three-hour minimum)2
| ||
Total project site's building GFA greater than
20,000 square feet
|
Application fee of $1,000/every 10,000 square
feet of total project site/building GFA (prorated, rounded up to nearest
1,000 square feet of GFA), plus review fee of $50/hour (three-hour
minimum)2
| ||
Variances — sheds
| |||
Application fee
|
$100/shed
| ||
Review fee
|
$80
| ||
Variances — signs
| |||
Application fee
| |||
First sign in application
|
$500
| ||
Each additional sign in application
|
$100
| ||
Review fee
|
$80
| ||
Appeals
| |||
To Johnston Board of Appeals to a decision of
the Planning Board and/or Administrative Officer
|
$250/decision
| ||
To Johnston Board of Review to a decision of
the Zoning Official/Zoning Enforcement Officer or Building Official
|
$250/decision
| ||
Public hearing preparation fees, all applications
|
$50, plus $5/each required notice to each addressee
on notification list
| ||
Review of buildable lot applications
|
$300/application
| ||
Zoning certificates
| |||
Single-family residential dwelling unit (no
in-law unit)
|
$250/certificate
| ||
Residential property or use, excluding single-family
residential dwelling unit (no in-law unit)
|
$500/certificate, plus $50/hour research cost3 ($50 minimum)
| ||
Nonresidential property or use
|
$1,000/certificate, plus $50/hour research cost3 ($50 minimum)
| ||
Recertification of property within two years
of issuance of previous zoning certificate/
certification
|
$50/certificate, plus $50/hour research cost3 ($50 minimum)
| ||
Decision (preparation)
|
$150/decision
| ||
Recording fee for all decisions
|
Actual recording costs
| ||
Mailing costs for required notifications (actual
mailing costs plus notice preparation cost and duplication cost of
materials and attachments)
[Note: Applicants will be charged for each meeting
where they do not attend the meeting (no-show) or request to be continued
after the notice has been published or are repeatedly incomplete with
their presentation thereby requiring a continuance.]
|
For each meeting, $50, plus duplication and
preparation costs, plus actual mailing costs
| ||
Advertising costs for required additional notices
for public hearings, including newspaper advertisement
|
Actual costs
| ||
Advertising costs for required monthly meeting
notices
[Note: Applicants will be charged for each meeting
where they do not attend the meeting (no-show) or request to be cancel
and continued after the required hearing notice has been published
or are repeatedly incomplete with their presentation thereby requiring
a continuance.]
|
$50/agenda item
|
Notes:
1 “Per unit”
measure shall be sued for residential properties involving two or
more dwelling units. “Per lot” measure shall be used for
residential properties involving one dwelling unit per lot.
2 Actual hourly review
costs, $50/hour minimum fee at three-hour minimum, will be charged
and collected at time of application submission; hours spent in excess
of three hours will be billed to the applicant at the actual costs
($50/hour minimum); no final decision or recording will be completed
until all fees have been paid.
3 Actual hourly research
costs ($50/hour minimum fee) at one-hour minimum will be charged and
collected at time of application submission; hours spent in excess
of one hour will be billed to the applicant at the actual costs ($50/hour
minimum); no final certificate will be completed until all fees have
been paid.
|
A.
The penalty for any violation of this chapter, or
for a violation of any terms or conditions of any action imposed by
the Zoning Board, the Planning Board, the Zoning Enforcement Officer,
or of any other agency or officer charged with enforcement of any
of its provisions, shall reasonably relate to the seriousness of the
offense, and shall not exceed $500 for each violation, and each day
of the existence of any violation shall be deemed to be a separate
offense. Any fine shall inure to the Town of Johnston.
B.
The Town of Johnston may also 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 of Johnston, to restrain the violation of, or to compel compliance
with, the provisions of this chapter. The Town of Johnston may consolidate
an action for injunctive relief and/or fines under this chapter in
the superior court of the county in which the subject property is
located.
C.
The remedies provided for herein shall be cumulative
and not exclusive, and shall be in addition to any other remedies
provided by law.
A.
Following a public hearing, the Zoning Board shall
render a decision within a reasonable period of time. The Zoning Board
shall include in its decision all findings of fact and conditions,
showing the vote of each member participating thereon, and the absence
of a member or his or her failure to vote. Decisions shall be recorded
and filed in the office of the Zoning Board within 30 working days
from the date when the decision was rendered, and shall be a public
record. The Zoning Board shall keep written minutes of its proceedings,
showing the vote of each member upon each question, or, if absent
or failing to vote, indicating such fact, and shall keep records of
its examinations, findings of fact, and other official actions, all
of which shall be recorded and filed in the office of the Zoning Board
in an expeditious manner upon completion of the proceeding. For any
proceeding in which the right of appeal lies to the superior or supreme
court, the Zoning Board shall have the minutes taken either by a competent
stenographer or recorded by a sound-recording device.
B.
Any decision by the Zoning Board, including any special
conditions attached thereto, shall be posted in the office of the
Town Clerk, mailed to the applicant, to the Zoning Enforcement Officer,
and to the Associate Director of the Division of Planning of the Rhode
Island Department of Administration. Any decision evidencing the granting
of a variance or special use shall also be recorded in the land evidence
records of the Town of Johnston.
The supreme court and the superior court, within
their respective jurisdictions, or any justice of either of those
courts in vacation, shall, upon due proceedings in the name of the
Town of Johnston, instituted by its Town Solicitor, have power to
issue any extraordinary writ or to proceed according to the course
of law or equity, or both:
A.
To restrain the erection, alteration, or use of any
building, structure, sign, or land erected, altered, or used in violation
of the provisions of this chapter, and to order its removal or abatement
as a nuisance;
B.
To compel compliance with the provisions of this chapter;
C.
To order the removal by the property owner of any
building, structure, sign, or improvement existing in violation of
this chapter and to authorize the Zoning Enforcement Officer of the
Town, in the default of the removal by the owner, to remove it at
the expense of the owner;
D.
To order the reimbursement for any work or materials
which shall have been done or furnished by or at the cost of the Town
of Johnston;
E.
To order restoration by the owner, where practicable;
and/or
F.
To issue fines and other penalties.