[Amended 11-21-2023 by Ord. No. 2023-11]
A.
Land development projects shall be reviewed in accordance with the
procedures established in the Land Development and Subdivision Regulations
adopted by the Lincoln Planning Board, pursuant to R.I.G.L. § 45-23.
B.
No land development project shall be initiated until a plan of the
project has been submitted and approval has been granted by the authorized
permitting authority, as determined in the Land Development and Subdivision
Regulations.
D.
The permitting authority is empowered to apply any special conditions
and stipulations to the approval that may, in the opinion of the authorized
permitting authority, be required to maintain harmony with neighboring
uses and promote the objectives and purposes of the comprehensive
plan and zoning ordinance.
[Amended 11-21-2023 by Ord. No. 2023-11]
A.
Development plan review established. There shall be development plan
review for uses that are permitted by right under the zoning ordinance
as defined in the Land Development and Subdivision Regulations.
B.
Permitting authority. The permitting authority shall be as defined
in the Land Development and Subdivision Regulations.
C.
Specific and objective guidelines. Design of all projects shall be
consistent with the provisions of the Land Development and Subdivision
Regulations.
D.
Waivers. The authorized permitting authority may grant waivers of
design standards as set forth in the Land Development and Subdivision
Regulations.
E.
Appeal. The permitting authority's decision shall be appealable
pursuant to R.I.G.L. § 45-23-71.
A.
The issuance of modifications from the literal dimensional requirements
of the Zoning Ordinance in the instance of the construction, alteration,
or structural modification of a structure or lot of record is allowed.
The Zoning Enforcement Officer is authorized to grant modifications.
The maximum percent allowed for a modification up to and including
15% of any of the dimensional requirements specified in the Zoning
Ordinance. A modification does not permit moving of lot lines. Within
10 days of the receipt of a request for a modification, the Zoning
Enforcement Officer shall make a decision as to the suitability of
the requested modification based on the following determinations:
(1)
The modification requested is reasonably necessary for the full enjoyment
of the permitted use;
(2)
If the modification is granted, neighboring property will neither
be substantially injured nor its appropriate use substantially impaired;
(3)
The modification request does not require a variance of a flood hazard
requirement, unless the building is built in accordance with applicable
regulations; and
(4)
The modification requested does not violate any rules or regulations
with respect to freshwater wetlands.
B.
Upon an affirmative determination, the Zoning Enforcement Officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish notice in a newspaper of local circulation that the modification shall be granted unless written objection is received within 14 days. If written objection is received within 14 days, the request for a modification shall be scheduled for the next available hearing before the Zoning Board of Review on application for a dimensional variance following the standard procedures for variances. In the case of a denial of a modification that is part of a unified development review application, the modification shall go to the Planning Board for review as specified in § 260-75. If no written objections are received within 14 days, the Zoning Enforcement Officer shall grant the modification. The Zoning Enforcement Officer may apply any special conditions to the permit as may, in the opinion of the officer, be required to conform to the intent and purposes of the Zoning Ordinance. The Zoning Enforcement Officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
[Added 11-21-2023 by Ord. No. 2023-11[1]]
There shall be unified development review for the issuance of
variances and special use permits for properties undergoing review
by development plan review and/or land development or subdivision
review.
A.
Public hearing. All land development and subdivision applications, and development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of Article XVII and (R.I.G.L. § 45-24-53).
C.
In reviewing requests for special use permits the planning board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance Article XI, § 260-67, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to § 260-66D.
D.
Appeal. The permitting authority's decision shall be appealable
pursuant to R.I.G.L. § 45-23-71.
