A.
An application for a special use permit may be made
by any person, provided the owner of the subject property must join
in the application, by filing with the Zoning Enforcement Officer
an application describing the request and supported by such data and
evidence as may be required by the Zoning Board of Review.
B.
Public notice shall be given thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by first-class mail to the applicant, and to all those who would require notice under Article XVII and (R.I.G.L. § 45-24-53). The notice shall include the street address of the subject property.
C.
All costs of notification shall be borne by the applicant.
D.
Findings of fact and written decisions shall be recorded
and retained.
E.
The concurring vote of four of five members of the
Zoning Board of Review sitting at the hearing shall be required to
decide in favor of an applicant for a special use permit.
A use requiring a special use permit under the
applicable provisions of this chapter may be permitted by the Zoning
Board of Review following a public hearing only if, in the opinion
of the Board, such proposed use and its location on the site meets
each of the following requirements, in addition to any other applicable
requirements, criteria and/or standards enumerated in this chapter
which may be applicable to the relief being sought. When a use is
permitted by special use permit, the Zoning Board may grant dimensional
relief in conjunction with said 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 below:
A.
The special use is specifically authorized by this
chapter, and setting forth the exact subsection of this chapter containing
the jurisdictional authorization;
B.
The special use meets all the criteria set forth in
this chapter authorizing such special use;
C.
The granting of the special use permit will not alter
the general character of the surrounding area; and
D.
The granting of the special use permit will not impair
the intent or purpose of this chapter, nor the Comprehensive Plan.
