Special use permits; specific special uses

R.I.G.L. § 45-24-42. General provisions - Special-use permits

• A. Special use permits may be approved by the Zoning Board of Review as follows:
  • (1) The uses requiring special use permits in each district are indicated in the Zone Use Matrix.

    Editor's Note: The Use Matrix is included as an attachment to this chapter.

  • (2) The following describes the conditions and procedures under which special use permits, of each of the various categories of special use permits established in this chapter, may be issued:
    • (a) An application for special use permit may be made by any person, group, agency, or corporation by filing with the Zoning Enforcement Officer or Zoning Board Clerk an application describing the request and supported by such data and evidence as may be required by the West Greenwich Zoning Board of Review. The Zoning Enforcement Officer or Zoning Board Clerk shall immediately transmit each application received to the West Greenwich Zoning Board of Review and shall transmit a copy of each application to the Town Planner and the Planning Board.
    • (b) Special use permit application. An application for a special use permit shall be filed with the Town Clerk and Clerk for the Zoning Board of Review, specifying the grounds for the application. The application for the special use permit shall include plans and data describing the site and proposed use and documentation in support of the application. The application shall show the location and dimensions of the property and the proposed use and any other information required by the application form and as may be required by the Zoning Board of Review.
  • (3) The following criteria will be utilized by the West Greenwich Zoning Board of Review for issuance of a special use permit. These criteria are in conformance with the purposes and intent of the West Greenwich Comprehensive Plan and the West Greenwich Zoning Ordinance. An applicant shall demonstrate to the satisfaction of the Zoning Board, by presenting competent legal evidence, that:
    • (a) The proposed use and/or structure will be compatible with the neighboring uses and will not adversely affect the surrounding neighbors' use and enjoyment of their property;
    • (b) The proposed use and/or structure will be environmentally compatible with neighboring properties and the protection of property values;
    • (c) The proposed use and/or structure will be compatible with the orderly growth and development of the Town of West Greenwich, and will not be environmentally detrimental therewith;
    • (d) The best practices and procedures to minimize the possibility of any adverse effects on neighboring property, the Town of West Greenwich, and the environment have been considered and will be employed, including, but not limited to: considerations of soil erosion, water supply protection, septic disposal, wetland protection, traffic limitation, safety and circulation;
    • (e) The proposed use and/or structure will not result in or create conditions that will be detrimental to the public health, safety, morals and general welfare of the community; and
    • (f) The purposes of this chapter, and as set forth in the West Greenwich Comprehensive Plan, shall be served by said special use permit.
  • (4) An applicant may apply for, and be issued, 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 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.

    [Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

• B. Criteria for the issuance of a special use permit for elderly and/or handicapped family apartments.
  • (1) Purpose and intent. The purpose and intent of this subsection shall be to:
    • (a) Provide family-assisted housing for an immediate family member(s) suffering a hardship who requires family support, while maintaining some degree of independent living.
    • (b) Allow a family to provide assistance and care to immediate family members in a cost-effective manner that preserves an independent lifestyle for the caregiver and the recipient.
    • (c) Allow for design modifications as part of new construction or renovation of existing single-family residential dwellings.
    • (d) Address a legitimate need within the community which deals with the needs of aging or handicapped family members by allowing a one-bedroom apartment to be utilized as an integral component of the single-family dwelling.
  • (2) Description and regulation. All elderly and/or handicapped family apartments shall:
    • (a) Be attached directly to the main single-family dwelling and be fully accessible from such area.
    • (b) Have all utilities connected through the main dwelling. Separate utilities are specifically prohibited.
    • (c) Have an interior living space consisting of a maximum of 500 square feet or 30% of the total square footage of the main dwelling (whichever is greater), which may be designed to accommodate an independent living arrangement. The Zoning Board, at its discretion, shall consider a waiver of the maximum square footage requirement based on special conditions as presented by the applicant.
    • (d) Be considered an integral part of the main dwelling for purposes of conformance to all zoning regulations.
    • (e) Maintain the exterior appearance of a single-family dwelling.
    • (f) Be constructed and located so that the apartment unit can be converted to standard use as an integral portion of the main dwelling. Such uses include, but are not limited to, bedrooms, dens, living and storage areas.
    • (g) Not be converted to, or used as, a rental apartment unit.
    • (h) Not overburden the sewage disposal system (ISDS) (OWTS). New construction shall include the apartment unit in calculating the size and obtaining approval of an individual sewage disposal system (ISDS)(OWTS). Renovation of an existing dwelling will be subject to review and may require supplementary waste disposal provision and/or a change-of-use application to the Rhode Island Department of Environmental Management (DEM) ISDS Section.
  • (3) Application, hearing, approval and appeal procedures.
    • (a) An application for a special use permit shall be made jointly by the property owner(s)/dwelling resident(s) and the individual(s) who shall occupy an elderly and/or handicapped family apartment. The application shall state the relationship between the applicants and evidence of need for the specified living arrangement.
    • (b) All applications shall be subject to review for conformance with the purpose and intent of this subsection and with other relevant provisions of this chapter.
    • (c) Any change in the occupancy of the main dwelling or the family apartment unit through demise, sale, vacancy, or change of ownership, etc. shall cause the apartment unit to be converted to an integral portion of the main dwelling. Any subsequent similar use as a family apartment unit shall require a separate application and approval of a special use permit.

      Editor's Note: Original Subsection (iii)4, regarding restrictions on family apartments, which immediately followed this subsection, was repealed 7-11-2018.

    • (d) The West Greenwich Zoning Board shall hold a public hearing on any application for a special use permit in an expeditious manner, after receipt, in proper form, of an application, and will require notification of the date, time, place, and purpose of the public hearing to interested parties. Public notice shall be given thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation. Notice of hearing shall be sent by first class mail to the applicant, and to all those who would require notice under § 400-16E of this chapter. The notice shall also include the street address of the subject property. The cost of notification shall be borne by the applicant.
    • (e) All recording of findings of fact and written decisions of the West Greenwich Zoning Board of Review shall be in conformance with § 400-14, Decisions and records of Zoning Board of Review.
    • (f) Any appeals may be taken pursuant to § 400-15, Appeal of Zoning Board of Review action to Superior Court.

      Editor’s Note: Former Subsection B(3)(g), which pertained to the expiration special use permits, was repealed 6-12-2019.

• C. Criteria for the issuance of a special use permit for adult entertainment shall be as follows:
  • (1) The application for a special use permit pursuant to this subsection shall provide the names and addresses of the legal owner of the establishment, the legal owner of the property, and the manager of the proposed establishment.
  • (2) Location restrictions.
    • (a) No uses granted under this subsection shall be located within:
      • [1] One thousand feet from the nearest residential zoning district; or
      • [2] One thousand feet from the nearest house of worship, school, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate; or
      • [3] Two thousand feet from the nearest adult entertainment establishment or sexually oriented business use as defined herein; or
      • [4] One thousand feet from the nearest establishment serving alcohol.
    • (b) The distance specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed adult entertainment establishment or sexually oriented business use is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.
    • (c) In conjunction with dimensional variances an applicant may apply for, and be issued, a dimensional variance with a special use. If the special use cannot 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.

      [Amended 6-18-2018]

  • (3) All building openings, entries, and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.
  • (4) No use shall be allowed to display for advertisement or other purposes any sign, placards, or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any explicit figures or words concerning specified anatomical areas or sexual activities as defined herein.
  • (5) No use permitted under this subsection shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises. No one under the age of 18 years shall be permitted on the premises.
  • (6) No use permitted under this subsection shall be established prior to submission and approval of a site plan by the Planning Board. The site plan shall depict all existing and proposed buildings, parking spaces, driveways, and other uses. The site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and property line of all other abutting uses.
  • (7) All uses permitted under this subsection shall comply fully with all licensing requirements of the Town of West Greenwich, and all rubbish, box containers, packages, trash, waste, or other debris generated from the operation of such permitted adult entertainment business shall be disposed of in a manner which is discreet and invisible to passersby. Furthermore, such debris shall be stored in a padlocked container until time of final disposal.
  • (8) Conditions. The Zoning Board of Review may impose reasonable conditions, safeguards, and limitations on time or use of the special use permit granted under this subsection and shall require that any such special use permit granted herein shall be personal to the applicant, shall not run with the land, and shall expire upon the sale or transfer of the subject property.
• D. Expiration. A special use permit shall expire one year after the date of approval by the Board, unless a building permit is obtained; or a certificate of occupancy is obtained, when a building permit is not required.

  [Added 6-12-2019]

• E. One-year extension. If application is made prior to the expiration of the initial one-year period, the Board may, upon written request and for cause shown, renew the special use permit for a second one-year period. Said request for an extension need not be advertised nor noticed. An advisory opinion from the Planning Board shall not be required.

  [Added 6-12-2019]

• F. Further extension for cause. Should a building permit not be obtained, or certificate of occupancy for a nonpermit project not be issued within the second one-year period, renewal of the special use permit for a third one-year period may be granted upon written request filed prior to expiration, provided that demonstration of due diligence in proceeding and substantial financial commitment in promoting the subject of the special use permit is made. Notice shall be given in accordance with § 400-11, and a hearing shall be held on the request.

  [Added 6-12-2019]

• G. Pendency of court actions. None of the above one-year periods shall run during the pendency of any Superior Court actions seeking to overturn the grant.

  [Added 6-12-2019]