ARTICLE XVIII. - ENFORCEMENT AND ADMINISTRATION

Section 1. - Zoning officer.#

a.

The zoning officer shall be appointed by the town council of the Town of Tiverton and may hold both the office of zoning officer and the office of building official of the town. The zoning officer shall have, as minimum qualifications, a demonstrated familiarity with the zoning and other development regulations of the town, and at least five years' experience in the building or related construction trade industry, or similar experience in planning, zoning or related fields.

b.

It shall be the duty of the zoning officer of the Town of Tiverton to administer and enforce the provisions of this ordinance, including:

(1)

The issuing of any required permits or certificates;

(2)

Collection of required fees;

(3)

Keeping of records showing the compliance of uses of land;

(4)

Authorizing commencement of uses or development under the provisions of this ordinance;

(5)

Inspection of suspected violations;

(6)

Issuance of violation notices with required correction action;

(7)

Collection of fines for violations; and

(8)

Performing such other duties and taking such actions as may be assigned in this ordinance.

c.

The zoning officer shall, upon written request, issue a zoning certificate to the requesting party as to the determination by the zoning officer within twenty (20) 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. The fee for the issuance of a zoning certificate shall be set by the Tiverton Town Council.

(Ord. of 3-24-08(5); Ord. No. 2026-0007, 5-11-26)

Section 2. - Building permit.#

a.

No structure shall be erected, moved, added to or structurally altered without a building permit therefor, issued by the building official. No building permit shall be issued except in conformity with the provisions of this ordinance, except those for which a building permit was obtained following a written order from the zoning board of review.

b.

If the work or use described in any building permit has not been initiated within 180 days from the date of issuance thereof, said permit shall expire.

c.

If the work described in any building permit has not been completed within two years of the date of issuance thereof, said permit shall expire, provided, however, that the board may, upon application and for cause shown, grant an extension, provided that not more than one such extension for a period of one year be granted.

Section 3. - Ordinance provisions as minimum requirements.#

In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinance, deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern.

Section 4. - Vested rights.#

a.

Applications. Under the provisions of this article, any application considered by the town shall be reviewed according to the regulations applicable in the zoning ordinance, or land development and subdivision regulation, in force at the time the application was deemed substantially complete. An application is deemed to be substantially complete under the following circumstances:

1.

Zoning Board Applications: Any application to be considered by the Zoning Board of Review shall be deemed substantially complete and vested fourteen (14) days prior to the first scheduled public hearing on the application, or as of the date of the first published advertisement for a public hearing, whichever is earlier.

2.

Planning Board Applications: Any application to be considered by the Planning Board shall be deemed substantially complete and vested upon issuance of a Certificate of Completeness commencing the time period within which the Planning Board shall render a decision to approve, approve with changes and/or conditions, or deny the application.

3.

Administrative Officer: Any application to be considered by the Administrative Officer shall be deemed substantially complete and vested upon issuance of a Certificate of Completeness commencing the time period within which the Administrative Officer shall render a decision to approve, approve with changes and/or conditions, or deny the application.

4.

Unified Development Applications: Any application reviewed as a Unified Development application shall be deemed substantially complete and vested upon issuance of a Certificate of Completeness commencing the time period within which the Planning Board shall render a decision to approve, approve with changes and/or conditions, or deny the application.

b.

Time limits for development.

1.

Relief Granted by Zoning Board: The vested development rights created by this section shall terminate unless construction of the project shall begin within twelve (12) months of the date of final approval and shall be substantially completed within two years of the commencement date of construction; provided, however, that these time periods shall not include time taken for the issuance of required state or local permits or approvals when evidence exists demonstrating that applications for such permits and/or approvals have been timely made and are pending.

2.

Relief Granted by Planning Board or Administrative Officer: The vested development rights created by the Planning Board or Administrative Officer's approval, or approval with changes and/or conditions, of any application shall be the same as those rights provided by statute in Chapter 23, Title 45, of the Rhode Island General Laws, as amended.

(Ord. No. 2026-0007, 5-11-26)

Section 5. - Violations.#

a.

Whenever a violation of this ordinance 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. He shall record properly such complaint, immediately investigate and take action thereon as provided by this ordinance.

b.

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. He shall order discontinuance of illegal use of land or structures; removal of illegal structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

c.

The town may also cause suit to be brought in the superior, supreme and municipal courts, including a municipal housing court having appropriate jurisdiction, in the name of the Town of Tiverton, to restrain the violation of, or to compel compliance with, the provisions of this zoning ordinance. The town may consolidate an action for injunctive relief and/or fines under the ordinance in the superior court of the county in which the subject property is located.

Section 6. - Penalty for violations.#

a.

Any person or corporation, whether as principal, agent, employee or otherwise, who violates any of the provisions of this ordinance, shall be fined not exceeding $500.00 for each offense. Each day of the existence of any violation shall be deemed a separate offense.

b.

The remedy provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.

Section 7. - Maintenance of zoning ordinance and map by town clerk.#

a.

The town clerk shall make available copies of this ordinance and all subsequent amendments to town officials and to the public at a reasonable cost. The town clerk shall also, from time to time, publish copies of the zoning map which shall be available for general distribution.

b.

It shall be the duty of the town clerk to have custody of the zoning map, and to ensure that entries are made on the zoning map as specified in article XIX, section 5.

c.

Upon publication of the zoning ordinance and map, and any amendments thereto, the town clerk shall send a copy to the Associate Director of the Division of Planning of the Department of Administration of the State of Rhode Island, and to the state law library.

Section 8. - Review of zoning ordinance by planning board.#

a.

At least once every two years, the planning board shall review this ordinance and make recommendations concerning revisions. Whenever changes are made to the Tiverton comprehensive plan, the planning board will identify any changes necessary in the zoning ordinance and forward these changes to the town council.

Section 9. - Repetitive petitions.#

a.

Where the town council, in the case of an amendment, or the zoning board, in the case of a special use permit or variance, denies an application, the town council or the board may not consider another application requesting the same or substantially similar amendment, special use permit or variance, for a period of one year from the date of such denial or withdrawal.

b.

The town council or the zoning board, as the case may be, may accept such an application after six months, provided that the application is accompanied by an affidavit setting forth facts, to the satisfaction of said council or board, showing a substantial change of circumstances justifying a rehearing.

Section 10. - Technical review committee.#

There is hereby established a technical review committee ("TRC"). The TRC is responsible for conducting advisory technical reviews in accord with appendix B, Land Development and Subdivision Regulations, article III, section 23-7. Appointment of members to the TRC is delegated to the planning board but should at a minimum include those individuals identified in appendix B, Land Development and Subdivision Regulations, article III, section 23-7(b). In addition, the planning board is delegated authority to adopt the policies, procedures and responsibilities of the TRC.

(Ord. of 11-30-23(13))