Special use permits.
§ 218-23. Special use permits. [Amended 2-12-2024 by Ord. No. 409]
A. A special use permit may be approved by the Board or under unified development review pursuant to R.I. Gen. Laws § 45-24-46.4, the Planning Commission, following a public hearing if, in the opinion of the Board or the Planning Commission pursuant to unified development review, that evidence to the satisfaction of the following standards has been entered into the record of the proceedings:
(1) The public convenience and welfare will be substantially served;
(2) It will not result in adverse impacts or create conditions that will be inimical to the public health, safety, morals and general welfare of the community;
(3) The requested special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this Zoning Ordinance;
(4) That the granting of a special use permit will not pose a threat to drinking water supplies;
(5) That the use will not disrupt the neighborhood or the privacy of abutting landowners by excessive noise, light, glare, or air pollutants;
(6) That the sewage and waste disposal into the ground and the surface water drainage from the proposed use will be adequately handled on site;
(7) That the traffic generated by the proposed use will not cause undue congestion or introduce a traffic hazard to the circulation pattern of the area.
B. In addition to the findings preceding, the Board or authorized permitting authority shall find that the application for a special use permit meets the performance standards for the specific category of use as contained in § 218-37I.
C. A proposed land use which is not specifically listed in § 218-36, Land Use Table, may be presented by the property owner in the form of a written request to the zoning enforcement officer for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special use permit. Upon such determination the proposed use may be considered to be a use requiring a special use permit.
D. The Board shall hold a public hearing on any application for special use permit within forty-five days after receipt, of a complete application. A public notice thereof shall be given at least fourteen days before the date of the hearing in a newspaper of local circulation in the Town. Notice of the hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under R.I. General Laws § 45-24-53. The notice shall include the street address of the such property, and the address and phone number of the applicant and/or property owner. A supplemental notice shall be posted as to be clearly visible from a public right-of-way at the location in question. This supplemental posting is for information purposes only and does not constitute the required notice of a public hearing. The same notice shall be posted in the town clerk's office and one other municipal building in the Town and the Town must make the notice accessible on the home page of the Town’s website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant.
E. A special use permit shall expire twelve months from the date of approval unless the applicant receives a building permit and commences construction and works diligently to complete the project. If application is made prior to the expiration of the initial one-year period, the Board may, upon written request and for cause shown, renew the special use permit for a second one-year period. Said request for an extension shall be advertised and noticed. Where a state or federal permit is required, the twelve month time period shall commence upon the issuance of the state or federal approval provided that the applicant has filed a copy of the state or federal application with the Building Official, actively pursues obtaining the approval and files the final approval with the Building Official as part of his building permit application.
F. 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 or, where unified development review is enabled pursuant to § 45-24-46.4, the Planning Commission 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.