Procedures for granting of a variance or special use permit

[Ord. No. 08-31, 10-7-2009; amended 12-6-2023 by Ord. No. 23-26]

(a) Application. An application for relief from the literal requirements of this Zoning Ordinance 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 permitting authority an application describing the request and supported by such data and evidence as may be required. An application from a corporation must be signed by its attorney or duly authorized officer of the corporation.
(b) Review by Planning Board. For applications not reviewed pursuant to unified development review, the Zoning Board shall, immediately upon receipt of an application, 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 community plan of the Town Cumberland Comprehensive Plan in writing to the Board within 30 days. The finding of the Planning Board with respect to the consistency of the application with the goals and purposes of the comprehensive plan shall be recorded in the record of the Board; and the declaration of the Planning Board shall be a recognized statement of fact before the Board.
(c) Hearing and Notice Requirements. The permitting authority 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. The permitting authority shall give notice of such public hearing, which notice shall include the precise location of the subject property, including the street address, and a description of the relief sought, at least 14 days prior to the date of the hearing by publication of notice in a newspaper of local circulation within the Town, which shall meet the requirements of this subsection and R.I.G.L. AA 45-24-53.
(d) The same notice shall be posted in the Town Clerk's Office and one other municipal building in the Town and shall be accessible on the home page of the Town's website at least 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 mail. The cost of newspaper and mailing notification shall be borne by the applicant.
(e) Requests for dimensional and use variances and special use permits submitted under a unified development review provision of this Zoning Ordinance shall be submitted as part of the subdivision or land development application to the Administrative Officer of the Planning Board, pursuant to Article 12, Section 4. All subdivision or land development applications submitted under the unified development review provisions of this Zoning Ordinance shall have a public hearing, which shall meet the requirements of this subsection and R.I.G.L. AA 45-23-50.1(c).
(f) Uses Not Listed in Table of Uses. To the extent a proposed land use is not specifically listed in Appendix B, Attachment 1, Table 1 (Use Table), the property owner may submit a written request to the Zoning Board of Review 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.