ARTICLE 6. - BUILDING AND ZONING REGULATIONS

Footnotes:

--- (3) --- State Law reference— Zoning ordinances generally, G.L. 1956, § 45-24-27 et seq.

Sec. 1. - Authorized.#

For the purpose of promoting health, safety, morals, or general welfare, the town council of the town of West Warwick shall have power in accordance with the provisions of this act within the limits of said town by ordinance to regulate and restrict the height, number of stories and size of buildings and other structures, and the location and use of buildings, structures and land for trade, industry, residence or other purposes.

For any and all of said purposes said town council may divide said town into districts of such number, shape and area as it may deem best suited to carry out the purposes of this act; and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts.

Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, to promote health and general welfare; to provide adequate light and air, to prevent the overcrowding of land; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; and to promote the conservation of exceptional natural physical features. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such town.

(Laws 1933, ch. 2065, § 1)

Sec. 2. - Appointment of inspector; duties.#

Said town council shall have power to appoint an inspector of buildings and define his duties in the issuance of building permits and in the administration and enforcement of such ordinances.

(Laws 1933, ch. 2065, § 2)

Sec. 3. - Public hearing required; notice.#

No such ordinance shall be enacted, amended or repealed until after a public hearing has been held upon the question of the enactment, amendment or repeal of such ordinance, before said town council, who shall first give notice of such public hearing by publication in a newspaper printed in the county of Kent at least once each week for three successive weeks prior to the date of such hearing, at which hearing opportunity shall be given all persons interested to be heard upon the matter of the proposed ordinance.

(Laws 1933, ch. 2065, § 3)

Sec. 4. - Penalty authorized.#

The said town council shall have power to provide a penalty for the violation of any ordinance enacted under the authority of this act by fine not exceeding one hundred dollars for each offense, such fine to inure to said town, and may also cause suit to be brought in the supreme or superior court in the name of said town to restrain the violation of, or to compel compliance with, the provisions of any such ordinance.

(Laws 1933, ch. 2065, § 4)

Sec. 5. - Enforcement by extraordinary writ or equity.#

The supreme court and the superior court, within their respective jurisdictions, or any justice of either of said courts in vacation, shall, upon due proceedings in the name of said town instituted by its town solicitor, have power to issue any extraordinary writs or to proceed according to the course of equity or both: To restrain the erection, alteration or use of any building, structure or other thing erected, altered, or used in violation of the provisions of any ordinance enacted under the authority of this act, and to order its removal or abatement as a nuisance;

To compel compliance with the provisions of any ordinance enacted under the authority of this act;

To order the removal by the owner of any building, structure or other thing existing in violation of any ordinance enacted under the provisions of this act and to authorize some official of said town in default of such removal by the owner to remove it at the expense of such owner.

(Laws 1933, ch. 2065, § 5)

Sec. 6. - Preexisting uses.#

No ordinance enacted under the authority of this act shall prevent or be construed to prevent the continuance of the use of any building or improvement for any purpose to which such building or improvement is lawfully devoted at the time of the enactment of such ordinance.

(Laws 1933, ch. 2065, § 6)

Sec. 7. - Vested rights, incumbrances not created.#

Nothing in this act or any ordinance enacted under the authority of this act shall create or be construed to create any vested rights in any person, firm, or corporation, or to be or create any incumbrance upon the title of any person, firm or corporation in any property affected by any such ordinance.

(Laws 1933, ch. 2065, § 7)

Sec. 8. - Zoning board of review.#

The town council of the town of West Warwick forthwith shall provide by ordinance for the selection and organization of a zoning board of review pursuant to the provisions of section 45-24-13 [G.L. 1956, § 45-24-56] of the general laws in chapter 45-24 entitled "Zoning ordinances," the terms of the members of said board to be in conformity with the provisions of section 45-24-14 [G.L. 1956, § 45-24-56] of said chapter, and said board shall operate and function in conformity with sections 45-24-15 through 45-24-20 [G.L. 1956, §§ 45-24-56 and 45-24-57], inclusive, of said chapter.

(Laws 1933, ch. 2065, § 8; Laws 1968, ch. 226, § 1)

Editor's note— Laws 1978, ch. 314, § 1, provided that section 45-24-14 of the General Laws be amended to read as follows: "46-24-14. Composition of board of review—Open hearings. The board of review shall consist of five (5) members, each to hold office for the term of five (5) years; provided, however, that the original selection shall be made for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The mayor of any city or the town council of any town shall have the right to name an auxiliary or sixth member of said board of review of said city or town, as the case may be, who shall sit as an active member when and if a member of said board is unable to serve at any hearing, upon request of the chairman. All hearings of such board shall be open to the public. Provided further, however, that the town council of the Town of West Warwick shall have the right to name an additional auxiliary or seventh member of said board of review of said town to sit as an active member when and if a member of said board is unable to serve at any hearing, upon request of the chairman of said board." It should be noted that G.L. 1956, § 45-24-14 has been repealed. The latest similar provision is G.L. 1956, § 45-24-56.

Sec. 9. - Appeals.#

Any person or persons, jointly or severally aggrieved by any ordinance or decision of said town council made under the authority conferred by this act, may present to the supreme court a petition duly verified, setting forth that such ordinance or decision is illegal or unreasonable in whole or in part and specifying the grounds of the illegality or unreasonableness. Such petition shall be presented to the court within thirty days after the making of such ordinance or decision. Upon presentation of such petition, the court may allow a writ of certiorari directed to said town council to review such ordinance or decision. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application and on due cause shown, grant a restraining order. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a master to take such evidence as it may direct and to make report to the court with his findings of fact and conclusions of law. The court may reverse or affirm any ordinance brought up for review or may reverse or affirm wholly or partly or may modify any decision brought up for review.

(Laws 1933, ch. 2065, § 9)

Sec. 10. - Repealed by Laws 1966, ch. 10.#

Sec. 11. - When act effective; repealer.#

This act shall take effect upon its passage and any and all acts and parts of acts inconsistent herewith are hereby repealed.

(Laws 1933, ch. 2065, § 11)