Deviations and conditional use provisions
(a) Pursuant to and in accordance with G.L. 1956, § 45-24.4-13, the commission may entertain applications for, and in its discretion, grant or deny, deviations and conditional use provisions from these regulations.
(b) As provided herein, "deviations" shall mean permission to deviate from the area and performance standards of these regulations which regulate the manner in which a use permitted under the terms of these regulations may be implemented by the owner.
(c) As used herein, "conditional use provisions" shall mean a use permitted in these regulations pursuant to and in accordance with the conditions and/or circumstances established in these regulations.
(d) Deviations to the terms of these regulations may be granted by the commission when literal enforcement of the regulations relating to setbacks, building heights, parking requirements and other area and dimensional restrictions set forth in the performance standards as outlined in section (g) would preclude the full enjoyment of the owner of a permitted use and would amount to more than a mere inconvenience.
(e) Conditional use provisions may be granted by the commission in those cases where the use permitted specifies a conditional use. The conditions provided, and the use granted shall be limited to those which ensure the convenience and welfare of the public and do not substantially or permanently injure the value of neighboring property. The applicant must demonstrate to the satisfaction of the commission that neither the proposed use nor its location on the site would have a detrimental effect on the public health, safety, welfare or morals.
(f) In granting a deviation or conditional use provision, the commission may impose such special conditions as are deemed necessary to maintain harmony with other parcels or subdivisions thereof within the waterfront district and to promote the objectives and intent of these regulations and of the development plan.
(g) In reviewing any application for a deviation or conditional use provision on any site, the commission may consider, among other factors, the following:
(1) Protection of adjoining properties and other parcels in the waterfront district from any detrimental use on the site.
(2) Convenience and safety of vehicular and pedestrian movement within the site in relation to adjacent streets, properties, improvements and in conformance with the express design intent.
(3) Adequacy of the methods of disposal for sewage, refuse and other wastes, and methods of drainage of surface water.
(4) Provisions of off-street loading and unloading of vehicles incidental to the servicing of the buildings and related uses on the site.
(5) Adequacy of all other municipal facilities and services to meet the needs of the site.
(6) Achievement of overall design objectives of the development plan.
(h) Any person desiring approval for a deviation or conditional use provision shall make an application to the commission on a form prescribed by the commission, which shall describe the relief sought and shall contain such information as may be required by these regulations and by the rules of the commission.
(i) Any deviation or conditional use provision granted by the commission shall expire within one year from the date of granting by the commission unless the applicant exercises the permission granted, or receives a building permit to do so, or seeks an extension from the commission, which extension may be granted for good cause shown. The applicant may petition the commission for up to six six-month extensions. No additional extensions will be permitted and the certificate will expire. However, at the expiration of all the extensions, the developer may chose to refile the existing, or a revised application. This refiled and/or revised application is subject to all the design review workshops, public hearing and notice requirements described herein.
(Ch. 317, § I, 3-2-04)