Special use permits
11.1 Uses not listed in Table of Uses.
To the extent a proposed land use is not specifically listed in Section 5.1, a property owner may submit a written request to the zoning enforcement officer for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special-use permit. The zoning enforcement officer will have twenty (20) days to provide a written evaluation to the property owner. Upon such determination, the proposed use may be considered to be a use requiring a special-use permit.
11.2 Application process. Applications for special use permits shall be filed with the zoning enforcement officer or the Town Planner in the case of unified development review. Twelve complete copies of the application must be submitted. The application shall include the following in order to be placed on a hearing agenda:
11.2.1 A completed special use permit application indicating the special use permit sought, the grounds for the permit, and information on the scale and size of the proposed use as applicable.
11.2.2 Names and addresses of all owners of property within a 200-foot radius as measured from the perimeter of the subject property, and as shown on the current real estate tax assessment records of the town.
11.2.2.1 If the subject property for which the special use permit is being requested lies within the BP business park zoning district, then the applicant shall also include the names and addresses of all owners of property within said zoning district, and as shown on the current real estate tax assessment records of the town.
11.2.3 An accurate site map drawn at a scale of one-inch equals 20 feet (or one-inch equals 40 feet) on a sheet(s) 24 by 36 inches showing for the subject property the same information as is required by subsections 10.4.3 and 10.4.4.
11.2.4 Evidence that the use will meet the criteria established for the use in Section 5.3.
11.2.5 Such other information as may be necessary for the execution and enforcement of this section.
11.2.6 The application fee as set by the town council, to cover the costs associated with review, hearing, notice, and recording fee.
11.3 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 the granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.
11.4 Review process.
11.4.1 Reserved.
11.4.2 Upon receipt of a special use permit application, fully completed, in proper form, the Application shall be referred to the technical review committee for findings and recommendations on matters related to public safety, health and welfare.
11.4.3 In the case where the zoning board of review is the review board, immediately upon receipt of an application for a special use permit may request that the planning board or town planner report its findings and recommendations, including a statement on the general consistence of the application with the goals and purposes of the comprehensive plan of the town, in writing to the zoning board of review within 30 days of receipt of the application from that board. The zoning board shall hold a public hearing on any application an expeditious manner, after receipt, in proper form, of an application, and shall give public notice at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in the town. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under RIGL §45-24-53. The notice shall also include the street address of the subject property. The same notice shall be posted in the town clerk's office and one other municipal building in the town and the notice shall be posted on the town's home page of its website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of notification shall be borne by the applicant.
11.5 Determination.
11.5.1 Any party may appear at the hearing in person, or by attorney. The hearing held by the zoning board of review is a public meeting and all decisions reached by the board shall be made and voted upon at public meeting. The board shall hear all evidence on the special use permit request; and consider the written reports of the planning board or town staff when reaching a decision on the findings required.
11.5.2 Decisions shall be recorded and filed in the office of the zoning board of review within 30 working days from the date when the decision was rendered and shall be a public record.
11.6 Implementation, appeal.
11.6.1 The town clerk, acting in capacity as clerk for the zoning board of review, shall be responsible for the recording in the land evidence records of the town of West Warwick, decisions on special use permits. The decision shall also be posted in a location visible to the public in town hall for a period of 20 days following the recording of the decision.
11.6.2 Any special use permit granted by the zoning board of review shall expire within one year from the date of its issuance, unless the applicant shall within that one-year period exercise the right granted by the decision. The board may upon application filed within the one-year period and for good cause shown, extend the limitation for one additional one-year period. The application for an extension need not be advertised.
11.6.3 No application for special use permit involving the same parcel and same request, which was denied or withdrawn with prejudice, may be resubmitted for a special use permit for a period of one-year from the date of such denial or withdrawal with prejudice, unless the zoning board of review determines there is a substantial change of circumstances, which justifies a special use permit application.
11.6.4 If the board allows an amendment to an original application which changes the terms under which the application was advertised or which alters the basic facts upon which the application was presented, the amended application shall be readvertised and referred to the planning board.
11.6.5 Any aggrieved party may appeal decisions of the zoning board of review to the superior court for Kent County.
11.6.6 All work approved by the issuance of a special use permit shall be carried out only in conformity with the application and any conditions, modifications and restrictions set by the zoning board of review. Minor changes, not exceeding six inches, shall be submitted to the building inspector for approval. Changes exceeding six inches shall be resubmitted to the zoning board of review in the form of a new application. Any work carried out in violation of this provision shall be ordered halted and fully removed.
(Ord. No. 2024-5, 6-18-2024)