SPECIAL USE PERMIT
1901 SPECIAL USE PERMIT
A. Authority The Zoning Board of Review or the City Plan Commission, as part of unified development review, will take formal action on special use permit applications.
B. Procedure
1. Upon receipt of a complete application for a special use permit, the Zoning Board of Review, or the City Plan Commission, as part of unified development review, will request that the Department of Planning and Development staff prepare a written report of the staff’s findings and recommendations, which will be submitted to the applicable review body.
2. The Zoning Board of Review, or the City Plan Commission, as part of unified development review, will hold a public hearing on the special use permit application in an expeditious manner, after receipt, in proper form, of an application, and shall give notice as required by Section 1801.
3. To authorize a special use permit, the Zoning Board of Review, or the City Plan Commission, as part of unified development review, shall: a. Consider the written opinion from the Department of Planning and Development.
b. Make specific findings of fact, in writing, with evidence supporting them, that demonstrate that: i. The proposed special use permit is set forth specifically in this Ordinance, and complies with any conditions set forth therein for the authorization of such special use permit, including those listed in Article 12.
ii. Granting the proposed special use permit will not substantially injure the use and enjoyment of nor significantly devalue neighboring property.
iii. Granting the proposed special use permit will not be detrimental or injurious to the general health or welfare of the community.
c. To grant a special use permit for a health care institution or educational facility – college or university in a commercial or downtown district, the Zoning Board of Review, or the City Plan Commission, as part of unified development review, shall find that such uses are essential and desirable to the public convenience and welfare, and that the following criteria have been met: i. The proposed institutional use adheres to all dimensional requirements.
ii. The proposed use cannot be reasonably located on any existing property of the institution within an existing institutional district in which the use is permitted.
iii. Parking is provided for the proposed use in accordance with this Ordinance.
iv. An institutional master plan has been filed and approved, and the proposed use is in conformance with the institution's master plan.
C. Special Use Permit and Variance The Zoning Board of Review, or the City Plan Commission, as part of unified development review, may issue a dimensional variance in conjunction with a special use permit. If the special use could not exist without the dimensional variance, the Zoning Board of Review, or the City Plan Commission, as part of unified development review, will consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the variance evidentiary standards.
D. Expiration Any special use permit granted by the City Plan Commission, in conjunction with a land development project or subdivision as part of unified development review, shall expire when the approval for the associated land development project or subdivision expires. Any special use permit granted by the Zoning Board of Review shall expire six months after the date of the filing of the resolution in the Office of the Board unless the applicant, within the six months:
1. Obtains a legal, complete building permit for the project and proceeds with construction of the proposed improvements. For purposes of this section, demolition permits and foundation permits are not construed to be building permits.
2. Obtains a legal building permit or a certificate of occupancy when no construction is required.
E. Extension of Time
1. The Zoning Board of Review may, upon written request and for cause shown prior to the expiration of the initial six month period, renew the special use permit for a second six month period. The request for an extension need not be advertised.
2. If an applicant fails to obtain a legal building permit within the second six month period, the Zoning Board of Review may upon written request prior to the end of the second six month period, renew the special use permit for a third six month period provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the special use permit since the date of the filing of the resolution. The request for the third six month period shall be advertised and notice given in accordance with Section 1801. A hearing will be held on the request.
3. No extension may be granted during an appeal to Superior Court.
F. Modifications to Approved Special Use Permits Modifications to an approved special use permit shall follow the process for approval of a special use permit.
G. Appeals Any aggrieved party may appeal the decision of the Zoning Board of Review to the Rhode Island Superior Court within 20 days after a decision is recorded and posted in the office of the City Clerk. The process for appeals of decisions by the City Plan Commission is outlined in the City Plan Commission’s Development Review Regulations.