§ 260-89
Variance and special use permit application procedure and fees
[Amended 5-22-2006 by Ord. No. 767; 12-17-2007 by Ord. No. 786.5; 12-11-2023 by Ord. No. 920-G]
- A. Submission of applications. All applications for variances and special use permits may be made by any person, group, agency or corporation by filing a completed application with the Planning Department. An appeal to the order, requirement, decision or determination made by an administrative officer, agency or the Historic District Commission may be made by any aggrieved party within 20 days of administrative or Historic District Commission action. Completed applications shall be submitted to the Planning Department prior to or on the 15th day of the month in order to be heard on the following month's agenda. Should the 15th fall on a day when the office is closed, the deadline shall be at the end of the next regular business day.
- (1) Complete applications for variances and special use permits shall include, but not be limited to, the following information:
- (a) Completed application form;
- (b) Plat plan(s) drawn to scale showing the location of all lot and street lines, existing and proposed structures, utilities, access/egress, parking, on-site traffic flow, landscaping, drainage systems, provisions for off-street (un)loading facilities, dumpsters, assessment of noise/glare/odor effects on adjacent parcels, signs, lighting facilities and other site features;
- (c) Plat map showing lot and street lines and approximate location of structures on parcels immediately adjacent to the subject site;
- (d) Elevation drawings, where relevant;
- (e) Application fees; and
- (f) A map displaying the uses of all properties within a five-hundred-foot radius of the subject property is also required for use variances and special use permit applications.
- (2) Applications for an appeal from an administrator or agency shall include, but not be limited to, the following information:
- (a) A written description of the issue in question;
- (b) A scaled graphic representation of the issue, where applicable;
- (c) Copies of any and all relevant correspondence and paperwork, including copies of completed application forms;
- (d) A written discussion of the grounds on which the appeal is being sought; and
- (e) The required application fees.
- (3) Applications shall be accompanied by fees as follows:
- (a) Single-family and duplex residential, including in-law apartments and residential accessory uses: $150.
- (b) Multifamily residential, commercial and industrial uses: $350.
- (c) Signs: $250.
- (d) Appeals of single-family and duplex residential: $200.
- (e) Appeals of multifamily, major and minor development, and commercial and industrial: $500.
- (f) Telecommunications: $500.
- (g) Historic District: $50.
- (4) Applicants are responsible for the costs of advertising and abutter notification. A nonrefundable deposit of $50 shall be required to cover the expense of stenographic services.
- (5) To protect the public health, safety and welfare, the Zoning Board of Review may require peer review of expert witness reports and testimony on behalf of applicants. A list of peers and their fees shall be maintained by the Town for selection by the Town, and the cost of peer review shall be borne by the applicant. All costs associated with peer review shall be paid in full before Zoning Board of Review approvals are recorded in the Land Evidence Records. The Town reserves the right to place a lien on the subject property for any fees not paid in full.
- (1) Complete applications for variances and special use permits shall include, but not be limited to, the following information:
- B. Accepting and processing applications.
- (1) Variances and special use permits.
- (a) An application for a special use permit or for relief from the literal requirements of this Zoning Ordinance because of hardship may be made by any person, group, agency, or corporation by filing with the Zoning Enforcement Officer or agency an application describing the request and supported by any data and evidence as may be required by the Zoning Board of Review or by the terms of this Section. The Zoning Enforcement Officer or agency shall immediately transmit each application received to the Zoning Board of Review and a copy of each application to the Planning Board.
- (b) The Zoning Board of Review, immediately upon receipt of an application for a special use permit or a variance in the application of the literal terms of the Zoning Ordinance, may request that the Planning Board and/or staff report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan, in writing, to the Zoning Board of Review within 30 days of receipt of the application from that Board.
- (2) Appeals:
- (a) The Planning Department shall schedule the completed appeal application for the next available Zoning Board public hearing. Notice of the appeal shall be placed in the newspaper as provided for in Subsection C of this section. Additionally, notice shall likewise be provided to the individual or agency from which the appeal is sought.
- (b) The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Official certifies to the Board (after an appeal has been duly filed) that, by reason of facts stated in the decision that is being appealed, a stay would cause imminent peril to life or property based on the Rhode Island State Building Code. In such a case, the proceedings shall only be stayed by a restraining order which may be granted through a court of competent jurisdiction.
- (3) Unified development review.
- (a) Requests for variances and special use permits submitted as part of unified development review shall be processed in accordance with § 260-80.1.
- (1) Variances and special use permits.
- C. Notification of public hearing.
- (1) The zoning board shall hold a public hearing on any application for a special use permit or variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice at least 14 days prior to the date of the hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under R.I.G.L. § 45-24-53. The notice shall also include the street address of the subject property. The cost of notification shall be borne by the applicant.