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North Smithfield
Town of North Smithfield Zoning Ordinance
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§ 9.2

Special-use permits; conditions governing applications; procedures

Sec. 9.2. Special-use permits; conditions governing applications; procedures.

To hear and decide only such special-use permits as the Board is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether special-use permits should be granted; and to grant special-use permits with such conditions and safeguards as are appropriate under this ordinance, or to deny special-use permits when not in harmony with the purpose and intent of this ordinance. The Board, immediately upon receipt of an application for special-use permit, shall request that the Planning Board and staff report its findings and recommendations, including the statement on the general consistency of the application with the goals and purposes of the comprehensive plan for the Town. The findings and recommendations, in writing, shall be forwarded to the zoning Board of Review within 30 days of receipt of the application from said Board.

The Board shall fix a reasonable time for the hearing of a special-use permit. It shall publish notice of the hearing at least once each week for two successive weeks immediately prior to the date of such hearing in a newspaper of general circulation in the Town, the date of the first notice shall be at a minimum 14 days prior to the date of the hearing. Notice of hearing shall be sent by certified mail return receipt requested to the applicant, and to all those who would require notice under section 45-24-33 of the Rhode Island General Laws. Said notice shall also include the street address of the subject property. The cost of such notification shall be borne by the applicant. The Board shall hear and decide on the application within a reasonable time. Any party may appear at the hearing in person, by agent, or by attorney.

The concurring vote of four members shall be required to decide in favor of an applicant on any matter concerning a special-use permit upon which it is required to pass under this ordinance. In granting a special-use permit, the Board may impose such additional safeguards and conditions on the proposed use as are deemed necessary in order to conform to these requirements. The Board shall make a written decision, including findings of fact, certifying compliance with the rules governing that special-use permit, and that satisfactory provision and arrangement has been made, where applicable concerning the following:

  • (1) Ingress and egress to property and proposed structures thereon with particular reference to fire or catastrophe;

  • (2) Off-street parking and loading areas where required, with particular attention to the items in (1) above and the economic, noise, glare, or odor effects of the special-use permit on adjoining properties and properties generally in the district;

  • (3) Refuse and service areas, with particular reference to the items in (1) and (2) previous;

  • (4) Utilities, with reference to locations, availability, and compatibility;

  • (5) Screening and buffering with reference to type, dimensions, and character;

  • (6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

  • (7) Required yards and other open space;

  • (8) General compatibility with adjacent properties and other property in the district;

  • All zone and area regulations of the district in which the special-use permit is sought shall apply to such uses, except where specifically exempted or amended by the conditions under which the specialuse permit is granted by the Board. The disregarding of any such condition or safeguard shall be considered as a violation.

  • All stipulations imposed by the Board in granting a special-use permit shall be recorded in Town Land Evidence Records. A copy of such shall be filed in the Inspector's office.

  • Following establishment of this ordinance, any use permitted as a special-use permit under the terms of this ordinance shall be considered as a permitted use. (See section 4.7)

  • 9.2.1 Dimensional variance in conjunction with special use permit. An applicant may apply for, and be issued, a dimensional variance in conjunction with a Special Use Permit. If the Special Use Permit could not exist without the dimensional variance, the Zoning Board of Review shall consider the Special Use Permit and the dimensional variance together to determine if granting the Special Use Permit is appropriate based on the special use criteria set forth herein and the dimensional variance evidentiary standards set forth herein.