Variances and special use permits
(a) Application. An application for relief from the literal requirements of this chapter because of hardship, or an application for a special use permit may be made by any person, group, agency or corporation, provided that the owner or owners of the subject property must join in any application by filing with the director of community development an application describing the request and supported by such data and evidence as may be required by the board and set forth in its written rules of procedure. An application from a corporation must be signed by its attorney or duly authorized officer of the corporation. The director of community development shall immediately transmit such application received to the board and shall transmit a copy of each application to the planning board.
(b) Hearing and notice. The zoning board shall immediately upon receipt of an application for a use variance or special use permit, request that the planning board report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan of the town, in writing to the board. The planning board may, but need not, hold a public hearing on any such request to the zoning board not later than 30 days from receipt of the request by the planning board. The planning board may also delegate the review of such requests to its technical review committee pursuant to RIGL § 45-23-32(52). The zoning board shall hold a public hearing on any application for variance or special use permit in an expeditious manner after receipt in proper form of an application and the planning board recommendation, provided such recommendation is received within the specified 30 days. The zoning board shall give public notice thereof at least 14 days prior to the date of the hearing in a newspaper of local circulation in the town. The same notice shall be posted in the town clerk's office and one other municipal building and shall be accessible on the home page of the town's website at least 14 days prior to the hearing. Notice of this hearing, including at least the substance of the application and the street address of the subject property, shall be sent by first class mail to the applicant and to:
(1) All owners of real property whose property is located within 200 feet of the perimeter of the subject property, if any part of the subject property is located in the D, W, LB or R-6 zones; or
(2) All owners of real property whose property is located within 300 feet of the perimeter of the subject property, if any part of the subject property is located in any zone other than the zones set forth in subsection 28-409(b)(1) of this section; and
(3) To the town council of any town to which one or more of the following pertain:
a. Which is located within 200 or 300 feet, as set forth in subsections 28-409(b)(1) and (2) of this section, of the boundary of the subject property; or
b. Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of any part of the subject property, regardless of municipal boundaries; and
(4) To the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public water source and that is within 2,000 feet of any part of the subject property; provided, however, that the governing body of any state or municipal water company has filed with the director in the town a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
Such notice as is required in subsections 28-409(b)(1) and (2) of this section shall be sent whether or not the noticed land is within the town or within an adjacent town. No defect in the form of any notice under this section shall render any variance, special use permit or decision on appeal, invalid, unless such defect is found to be intentional or misleading. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
(c) Standards for relief. The following shall be standards for relief:
(1) Variance. In granting a variance, the board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
a. 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 not due to an economic disability of the applicant;
b. That such hardship is not the result of any prior action of the applicant;
c. That the granting of the requested variance will not alter the general characteristic of the surrounding area or impair the intent or purpose of this chapter or the comprehensive plan of the town;
d. The board shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
1. 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 land or structures in an adjacent district shall not be considered grounds for granting a use variance; and
2. In granting a dimensional variance, that the hardship that 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 granted shall not be grounds for relief.
(2) Special use permit. In granting a special use permit, the board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
a. That the special use is specifically authorized by this chapter, and setting forth the exact section of this chapter containing the jurisdictional authorization;
b. That the special use meets all of the standards set forth in the subsection of this chapter (section 28-150) authorizing such special use; and
c. That the granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the comprehensive plan of the town.
(d) Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after public hearing under this chapter, the board may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan of the town and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision and may include, but are not limited to, provisions for:
(1) Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;
(2) Controlling the sequence of development, including when it must be commenced and completed;
(3) Controlling the duration of use or development and the time within which any temporary structure must be removed;
(4) Assuring satisfactory installation and maintenance of required public improvements;
(5) Designating the exact location and nature of development; and
(6) Establishing detailed records by submission of drawings, maps, plats or specifications.
(e) Dimensional variance in conjunction with special use permit. An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use permit. If the special use could not exist without the dimensional variance, the zoning board of review shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.
(Ord. No. 2023-23, 12-6-23)