§ 260-91
Standards of review
[Amended 5-22-2006 by Ord. No. 767; 1-11-2016 by Ord. No. 846; 3-14-2016 by Ord. No. 849; 12-11-2023 by Ord. No. 920-G]
- A. In granting a variance, the Zoning Board of Review, or the Planning Board under unified development review as appropriate, shall require that evidence to the satisfaction of the following standards is 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.G.L. § 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 the Zoning Ordinance or the comprehensive plan upon which the ordinance is based;
- B. The Zoning Board of Review, or, where unified development review is enabled, the Planning Board shall, in addition to the above standards, require that evidence is entered into the record of the proceedings 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 the Zoning Ordinance. 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
- (2) In granting a dimensional variance, that the hardship suffered by the owner of the subject property if the dimensional variance is not granted amounts 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 is not grounds for relief. The Zoning Board of Review, or Planning Board in unified development review, has the power to grant dimensional variances where the use is permitted by special-use permit.
- C. Bed-and-breakfast homes.
- (1) In reviewing an application for a special use permit for a bed-and-breakfast home, the Board shall require that evidence satisfying standards in this section be entered into the record of the proceedings. For bed-and-breakfast homes, the applicant must, in addition to those standards outlined in Subsection C of this section, demonstrate the following:
- (a) That the bed-and-breakfast home and use shall be an accessory use to a single-family house and that it shall be subordinate to the residential use of the premises. The bed-and-breakfast home shall be operated by the homeowner.
- (b) That each guest room of the bed-and-breakfast home is in compliance with the Rhode Island State Housing Maintenance and Occupancy Code.
Editor's Note: See R.I.G.L. § 45-24.3-1 et seq.
- (c) That there will be no change in the outside appearance of the building and/or premises nor any visible or audible evidence detectable from outside the lot as to the presence of a bed-and-breakfast home except for signage as permitted under Article VII.
- (d) That there shall be no meals served to the general public. Breakfast may be served to guests of the bed-and-breakfast home.
- (e) That minimum off-street parking requirements shall be provided such that one parking space is provided per guest unit or guest room. Stacked parking (where one car parks behind another, essentially blocking it in) is acceptable. All parking areas shall be paved or graveled. Parking areas for bed-and-breakfast homes with only two guest rooms or less may be grassed. Where parking spaces are not provided on site, the owner shall produce a lease, for a minimum of one year, for use of a private parking lot. During review of annual licensing renewal, the owner shall be required to submit proof of the continuing availability of minimum parking requirements prior to the license being renewed.
- (f) That where deemed necessary to preserve and protect the residential nature of the neighborhood, the Board may require a landscape buffer, fence or other screening between the bed-and-breakfast home's parking area and the neighbors' properties or street.
- (g) That the bed-and-breakfast home shall be in compliance with all applicable provisions of the Rhode Island State Fire Safety Code, the Rhode Island State Building Code, regulations of the Department of Environmental Management, Department of Health and any other relative code or agency.
Editor's Note: See R.I.G.L. §§ 23-28.1-1 et seq. (Fire Safety Code) and 23-27.3-100.1 et seq. (Building Code).
- (2) Additionally, licensing shall be required for all bed-and-breakfasts per the requirements of § 93-1, Schedule of fees and charges, in the East Greenwich Code.
- (1) In reviewing an application for a special use permit for a bed-and-breakfast home, the Board shall require that evidence satisfying standards in this section be entered into the record of the proceedings. For bed-and-breakfast homes, the applicant must, in addition to those standards outlined in Subsection C of this section, demonstrate the following:
- D. Residential cooperative cultivations shall be permitted by as an accessory use in residential zones, subject to all applicable provisions of the Zoning Ordinance, and subject also to the additional requirements of R.I.G.L. § 21-28.6-14, as set forth below:
- (1) A cardholder can only cooperatively cultivate on one location.
- (2) No single locations may have more than one cooperative cultivation. For the purposes of this section, "location" means one structural building, not units within a structural building.
- (3) The cooperative cultivation shall not be visible from the street or other public areas.
- (4) A written acknowledgement of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island that is signed by each cardholder and is displayed prominently on the premises.
- (5) A residential cooperative cultivation may have no more than 10 ounces of usable marijuana, 24 mature marijuana pants, and 12 seedlings.
- (6) A residential cooperative cultivation must have displayed prominently on the premises an affidavit by a licensed electrician that the cultivation has been inspected and is in compliance with any applicable state or municipal housing and zoning codes. This affidavit must also be filed with the Town Building Official.
- (7) The location of the cooperative cultivation must be reported to the division of state police by the applicant.
- E. In reviewing an application for a special use permit for a kennel, the Board shall require that evidence satisfying standards in this section be entered into the record of the proceedings. For kennel, the applicant must, in addition to those standards outlined in Subsection C of this section, demonstrate the following:
- (1) Exterior exercise areas shall be located in the rear yard and shall be completely enclosed along all lot lines by a fence a minimum of six feet in height and a maximum of seven feet in height, including ingress and egress.
- (2) Where the use abuts a residential use or zoning district, there shall be a 50 ft. setback from each such lot line abutting a residential use or zoning district.
- (3) All overnight boarding operations shall be located indoors.
- (4) All animal care and/or kennel facilities shall have a valid municipal license issued by the Town Council.