Cranston City Zoning Code
Chapter
17.86 UNIFIED DEVELOPMENT REVIEW
§ 17.86.010 Authorization.
In accordance with the provisions of RIGL § 45-23-50.1
and § 45-24-46.4, the city plan commission is hereby authorized
to review and approve variances and/or special-use permits for properties
undergoing review as subdivisions or land-development projects. This
process is to be known as unified development review (UDR).
(Ord. 2023-27, § 1, 12/19/2023)
§ 17.86.020 Application process.
A.
An
applicant shall file with the city plan commission's administrative
officer an application for variance(s) and/or special-use permit(s)
along with an application for the following project categories:
1.
Minor
Subdivision or Land Development Project. As part of the application
materials for the preliminary plan stage of review, or if combined,
the first stage of review.
2.
Development
Plan Review. As part of the application materials for the preliminary
plan stage of review.
3.
Major
Subdivision or Land Development Project. As part of the application
materials for the master plan stage of review, or if combined, the
first stage of review.
B.
The
administrative officer shall review the UDR application for completeness
and for compliance with this section. The time period for the administrative
officer to certify as complete or incomplete a UDR application shall
be the same as the time period for certifying the accompanying application
for a subdivision, development plan review, or land development project.
The administrative officer's decision on a UDR application is appealable
in the same manner as an appeal from any other decision of the administrative
officer application.
(Ord. 2023-27, § 1, 12/19/2023)
§ 17.86.030 Public hearing.
A.
A public
hearing on the application, including any variance and special-use
permit requests shall be held prior to consideration of the preliminary
plan by the city plan commission. Public notice of the hearing shall
be given at least fourteen (14) days prior to the date of the hearing
in a newspaper of general circulation within the city. Notice shall
be sent to the applicant and to each owner within two hundred (200)
feet of the perimeter of the area included in the subdivision and/or
land development project by certified mail, return receipt requested,
not less than ten (10) days prior to the date of the hearing. Notice
shall also be sent to any individual or entity holding a recorded
conservation or preservation restriction on the property that is the
subject of the application.
B.
Notice
of the public hearing shall be sent by the administrative officer
to the administrative officer of an adjacent municipality if: (1)
the notice area extends into the adjacent municipality; or (2) the
development site extends into the adjacent municipality; or (3) there
is a potential for significant negative impact on the adjacent municipality.
Notice of the public hearing shall be sent by first-class mail
to the planning board of any municipality where there is a public
or quasi-public water source, or private water source that is used,
or is suitable for use, as a public water source, located within two
thousand (2,000) feet of the municipal boundaries.
Notice of a public hearing shall be sent to the governing body
of any state or municipal water department or agency, special water
district, or private water company that has riparian rights to a surface
water resource and/or surface watershed that is used, or is suitable
for use, as a public water source, located within either the municipality
or two thousand feet (2,000') of the municipal boundaries; provided,
that a map survey has been filed with the building inspector as specified
in § 45-24-53(f).
C.
The
notice for the public hearing shall include the following information:
1.
The
date, time, and place of the hearing;
2.
The
street address of the subject property, or if no street address is
available, the distance from the nearest existing intersection in
tenths of a mile; and,
3.
The
specific variance(s) to be considered for the subdivision and/or land
development project.
D.
The
administrative officer shall review the UDR application for completeness
and for compliance with this section. The time period for the administrative
officer to certify as complete or incomplete a UDR application shall
be the same as the time period for certifying the accompanying application
for a subdivision, development plan review, or land development project.
The administrative officer's decision on a UDR application is appealable
in the same manner as an appeal from any other decision of the administrative
officer application.
(Ord. 2023-27, § 1, 12/19/2023)
§ 17.86.040 Decision.
A.
The
city plan commission shall approve, approve with conditions, or deny
the request(s) for variance(s) and/or special-use permit(s) before
considering the project category application. Approval of the variance(s)
and/or special-use permit(s) shall be conditioned upon approval of
the final plan of the project category.
B.
The
city plan commission shall address the same findings of fact required
to be addressed by the zoning board of review and shall produce and
record a written decision in the same manner as the zoning board of
review.
C.
The
time periods by which the city plan commission shall render a decision
for variance(s) and/or special-use permit(s) shall be the same as
the time periods by which the city plan commission shall render a
decision on the applicable stage of review of the underlying type
of project under review.
(Ord. 2023-27, § 1, 12/19/2023)
§ 17.86.050 Expiration of approval.
The expiration period of an approval on variance(s) and/or special-use
permit(s) granted under this Section shall be the same as those set
forth under the applicable project category.
(Ord. 2023-27, § 1, 12/19/2023)
§ 17.86.060 Appeals.
Appeals from a decision granted under this section, including
denials for requests for variance(s) and/or special-use permit(s)
may be appealed in accordance with RIGL § 45-23-71.
(Ord. 2023-27, § 1, 12/19/2023)
§ 17.86.070 Interpretation, conflict, omission, violation, and severability.
A.
If
any requirements of this chapter conflict with other requirements
of zoning, the city code, or any applicable state or federal law or
regulation, the more restrictive requirements shall apply.
B.
An
approval shall not relieve an applicant of the requirement to comply
with any other city code or with any applicable state or federal law
or regulation.
(Ord. 2023-27, § 1, 12/19/2023)