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(A) The Zoning Board of Review shall:
(1) Hear and decide appeals in a timely fashion as authorized by Article 3;
(2) Act as a Planning Board of Appeals to hear and decide any appeal from an action taken by the Planning Board as authorized by Article 3;
(3) Act as a Building Code Board of Appeals.
(B) In using this power, the Zoning Board may affirm, reverse, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the Zoning Officer or Planning Board from whom the appeal was taken.
(Ord. passed 10-30-06)
The Zoning Board shall hear and decide requests for special use permits in accordance with the terms of this chapter, according to the following provisions:
(A) A use, categorized as a special use in Article 6 and elsewhere in this chapter, shall be permitted by the Zoning Board following a public hearing if, in the opinion of the Board, such use in its proposed location meets the following requirements:
(1) It will not result in a significant diminution of properly values in the surrounding area of the district;
(2) It will not create a nuisance in the neighborhood;
(3) That the granting of such special use permit will not be detrimental to or substantially or permanently injure the appropriate use of property in the surrounding area or district;
(4) That the granting of such special use permit will not result in hazardous conditions or conditions inimical to the public health, safety or welfare.
(5) The use will comply with the following criteria subject to its use category:
(a) Agricultural (commercial greenhouse over 20,000 sf).
1. No significant negative impacts to ground or surface water quality.
2. Will not produce glare impacting abutting properties and streets.
3. Will comply with applicable standards in Article 27B.
(b) Residential (single- or two-family dwelling, family day care home). Will not cause significant negative traffic or parking impacts in the neighborhood.
(c) Residential (motel or hotel, multi-family including multi-family dwelling structure, multi-family dwelling project, senior independent living facilities, congregate housing, rest, retirement, convalescent or nursing homes, residential care or assisted living facility).
1. Will not cause significant negative traffic or parking impacts in the neighborhood.
2. If applicable, will comply with standards of Article 14.
3. If applicable, will comply with development standards of Article 15.
4. If applicable, will comply with development standards of Article 21.
5. If applicable, will comply with development standards of Article 22.
6. Will comply with commercial development design standards of App. A, Article 5.
(d) Manufacturing/industrial (earth removal, quarries, sand and gravel lots, storage of bottled gas, oil or other liquid petroleum products, other extractive and industrial non-manufacturing not elsewhere classified, salvage yard operation, Handicraft/custom manufacturing or small-scale craft or artisan- oriented production of goods, food and beverage and related products, brewery/distillery, lumber and wood products including furniture and fixtures; plastics molding, extrusion and/or assembly of plastic parts; rubber, leather, stone, clay or glass products, fabricated metals products, boat building and repairing, gravel processing).
1. No significant negative impacts to ground or surface water quality.
2. Will comply with applicable requirements and standards of Article 27.
3. Will comply with commercial development design standards of App. A, Article 5.
(e) Commercial/office/institutional (restaurant, research or development offices, sales and service offices for fuel oil and bottled gas dealers, miscellaneous professional services not otherwise classified, emergency counseling service or drop-in center, church or other place of worship, library or museum, day nursery school, kindergarten or other agency giving day care, clubs, lodges, social and community centers, professional or musical schools, solar energy system, gasoline or electric vehicle station, automotive repair, service and garages, vehicle body shop, miscellaneous repair shops and related services, vehicle washing establishment, vehicle or equipment rentals, miscellaneous personal services not otherwise classified, miscellaneous business services not otherwise classified, bank or financial institution, hospital/medical center or clinic, trade school, private vocational school, membership athletic clubs, licensed kennels, auto detailing, shopping center, mortuary or funeral home, wholesale distribution establishments, warehousing, self- storage, general merchandise retailing activities, private college or university, preparatory school, elementary or secondary school, crematorium, laundry or dry cleaners).
1. No significant negative impacts to ground or surface water quality.
2. Will not cause significant negative traffic or parking impacts in the neighborhood.
3. Will comply with applicable requirements and standards of Article 27.
4. Will comply with commercial development design standards of App. A, Article 5.
(f) Cannabis-related (compassion center, cannabis retailer, cannabis product manufacturer, cannabis cultivation center, non-residential cooperative cultivation, residential cooperative cultivation, cannabis testing provider).
1. Will comply with applicable requirements and standards of § 727.
2. Will not cause significant negative traffic or parking impacts in the neighborhood.
3. Will comply with commercial development design standards of App. A, Article 5.
(g) Recreational (amusement parks, miniature golf, driving range, pitch and putt, campgrounds, riding academies and schools, drive-in theater, tennis/other outdoor court games, swimming pools, water slides, other water-based amusements, boat liveries, stadia and fairgrounds, motion picture/performing arts theaters, video and amusement arcades, billiard and pool parlors, skating rinks, indoor roller blade and skateboarding facility).
1. Demonstrates conformity with Ch. 130, §§ 130.75-130.91.
2. No significant negative impacts to ground or surface water quality.
3. Will not cause significant negative traffic or parking impacts in the neighborhood.
4. Will comply with commercial development design standards of App. A, Article 5.
(h) Transportation/communications /utility (highway and transportation services, airports and heliports, commercial dock or pier, commercial off-street parking, electric power substation, high voltage electric transmission towers, sewage treatment plant, solid waste transfer station, wind turbine for generation of electricity, building-mounted communications facilities, communication tower, disguised communications facilities, pole-mounted antennas).
1. No significant negative impacts to ground or surface water quality.
2. Will not cause significant negative traffic or parking impacts in the neighborhood.
3. Will comply with applicable requirements and standards of Article 27.
4. Will comply with commercial development design standards of App. A, Article 5.
(B) In granting a special use permit, the Zoning Board of Review may grant one or more dimensional variances under § 903.
(Ord. passed 10-30-06; Am. Ord. 2023-10, passed 12-18-23)
(A) In granting a variance, the Zoning Board of Review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
(1) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area and is not due to a physical or economic disability of the applicant excepting those physical disabilities addressed in R.I. Gen. Laws § 45-24-30(a)(16);
(2) That the hardship is not the result of any prior action of the applicant; and
(3) That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the Comprehensive Plan upon which this chapter is based.
(4) The Zoning Board of Review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
(a) In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this chapter. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and
(b) In granting a dimensional variance, that the hardship which will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is fronted shall not be grounds for relief.
(c) Dimensional variances granted in conjunction with a special use permit shall be supported by independent evidence on the record satisfying each of the requirements for a dimensional variance, and the Board shall vote on each dimensional variance before voting on the special use permit.
(Ord. passed 10-30-06; Am. Ord. 2023-10, passed 12-18-23)
In granting a variance under § 903, or in granting a special use permit under § 902, the Zoning Board of Review may apply such special conditions to the grant that may, in the opinion of the Board, be required to promote the intent and purposes of the Comprehensive Plan and this chapter. Failure to abide by any special condition attached to a grant shall constitute a zoning violation. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision and may include, but not be limited to provisions for:
(A) Minimizing adverse impact of the development upon other land, including the type, intensity and performance of activities;
(B) Controlling the sequence of development, including when it must be commenced and completed;
(C) Controlling the duration of use or development and the time within which any temporary structure must be removed;
(D) Assuring satisfactory installation and maintenance of required improvements;
(E) Designating the exact location and nature of development;
(F) Establishing detailed records by submission of drawings, maps, plats or specifications; and
(G) Providing standards of site planning for proper circulation of traffic, stormwater drainage, landscaping or buffering, outdoor lighting, utilities, waste disposal, and/or signage.
(Ord. passed 10-30-06)
A special use permit or variance shall expire one year from the date of granting by the Zoning Board unless the applicant exercises the permission granted or receives a building permit to do so and commences construction and diligently prosecutes the construction until completed. The Board may, upon application therefor, for good cause shown, and following a public hearing thereon, grant an extension for an additional one-year period. Nothing herein contained shall limit the number of successive one-year extensions which the Board may grant, provided that the Board may only grant a single one-year extension following any one public hearing.
(Ord. passed 10-30-06)
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