Variances and special use permits
A. Standards for relief.
1. Variance. In granting a variance, the board shall require that evidence satisfying the following standards be entered into the record of the proceedings:
(a) 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 not due to a physical or economic disability of the applicant, except where necessary to provide reasonable accommodation to applicants with physical disabilities addressed in the Rhode Island Fair Housing Practices Act, the United States Fair Housing Amendments Act of 1988 (FHAA), the Rhode Island Civil Rights of Individuals with Handicaps Act, and the Americans with Disabilities Act of 1990 (ADA);
(b) That said hardship is not the result of any prior action of the applicant;
(c) That the granting of the requested variance will not alter the general characteristic of the surrounding area or impair the intent or purpose of this zoning ordinance or the comprehensive plan of the town;
(d) 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 land or structures in an adjacent district shall not be considered grounds for granting a use variance; and
(e) In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount 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, shall not be grounds for relief.
2. Special use permit. In granting a special use permit, the board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
(a) That the special use is specifically authorized by this ordinance, and setting forth the exact subsection of this ordinance containing the jurisdictional authorization;
(b) That the special use meets all of the criteria set forth in the subsection of this ordinance authorizing such special use; and
(c) That the granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this ordinance or the comprehensive plan of the town. In so doing, the board shall consider, whether or not satisfactory provisions and arrangements have been or will be made concerning, but not limited to, the following matters, where applicable:
(1) Ingress and egress to the lot and to existing or proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire, emergency or catastrophe;
(2) Off-street parking and loading areas where required, with particular attention to the items in subsection A.1., above, and the noise, glare or odor effects of the special use permit on adjoining lots;
(3) Trash, storage and delivery areas with a particular reference to the items in (1) and (2) above;
(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 exterior lighting with reference to glare, traffic safety, and compatibility and harmony with lots in the zoning district;
(7) Required yards and other open space;
(8) General compatibility with lots in the same or abutting zoning districts.
B. Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after public hearing under this ordinance, the board may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan of the town and this ordinance. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:
1. Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;
2. Minimizing adverse impact upon town services and facilities;
3. Controlling the sequence of development, including when it must be commenced and completed;
4. Controlling the duration of use or development and the time within which any temporary structure must be removed;
5. Assuring satisfactory installation and maintenance of required public improvements;
6. Designating the exact location and nature of development;
7. Establishing detailed records by submission of drawings, maps, plats, or specifications;
8. Minimizing any adverse environmental impacts; and
9. Establishing hours of operation of the use.
C. Continuation or extension of special uses. A special exception or special use permit heretofore or hereafter granted by the zoning board of review may not be extended or enlarged except by the granting of a further special use permit by the board. It is hereby declared that any special exception or special use permit heretofore granted under any zoning ordinance of the town, shall continue to be a special exception or special use permit, and shall not be construed to become, by the passage of this or any subsequent ordinance, a nonconforming use or structure. Signs permitted by a special exception granted prior to March 29, 1976, shall be governed by the provisions of this section. Provided, however, that a special use permit need not be obtained in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in section 9-21.
D. Variances and special use permit in conjunction. The zoning board of review may grant dimensional variances in conjunction with a special use permit.
When granting such in conjunction, 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 is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.
(Ord. of 9-24-18; Ord. of 6-8-20(3); Ord. of 12-11-23(2))