Cranston, RI Zoning Ordinance

Cranston City Zoning Code

Chapter

17.92 VARIANCES AND SPECIAL USE PERMITS

§ 17.92.010 Variances.

An application for relief from the literal requirements of a zoning ordinance because of hardship may be made by any person, group, agency or corporation by filing with the zoning enforcement officer or agency an application describing the request and supported by such data and evidence as may be required by the zoning board of review or by the terms of the ordinance. The zoning enforcement officer or agency shall immediately transmit each application received to the zoning board of review and shall transmit a copy of each application to the planning commission for their review and recommendation.

In granting a variance, the zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant;

That the hardship is not the result of any prior action of the applicant; and

That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the zoning ordinance codified in this title or the comprehensive plan upon which the ordinance is based.

The zoning board of review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and

In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, which shall mean that the relief sought is minimal to the reasonable enjoyment of the permitted use to which the proposed property is devoted. The fact that a use may be more valuable after the relief is granted shall not be grounds for relief. The zoning board of review, or the city plan commission under unified development review pursuant to RIGL §§ 45-24-46.4 and 45-23-50.1, shall have the power to grant dimensional variances where the use is permitted by special-use permit.

In granting a variance relating exclusively to the construction of wireless service towers on sites located in historic districts, the zoning board of review shall consider all of the following criteria in addition to the other applicable criteria set forth in Sections 17.24.010 through 17.84.130.

Evidence of the lack of space on suitable existing towers, buildings or other structures to co-locate the proposed antenna, cells, micro cells and the lack of space on existing tower sites to construct a tower for the proposed antenna within the service area;

Whether the wireless service provider will be unable to provide wireless services without the tower site;

Whether the application represents a request for multiple use of a tower or site or use on a site contiguous to an existing tower site;

Whether the application contains a report that other potential uses of the site and tower have been contacted, and they have been contacted and they have no current plans, to the best of their ability to determine, that could be fulfilled by joint use;

Whether the application shows how the tower or site will be designated or laid out to accommodate future multiple users. Specific design features evaluated shall include but not be limited to height, wind loading and coaxial cable capacity.

Whether the proposed tower is to be located in an area where it would be unobtrusive and would not substantially detract from aesthetic or neighborhood character or property values, due either to location, shape of the tower (such as an imitation pine tree tower) or to the nature of surrounding uses (such as industrial use) or to lack of visibility caused by natural growth, landscaping or other factors.

Anything in the "hardship clause" to the contrary not withstanding, for purposes of wireless service towers only, hardship sufficient for the granting of a variance shall include the effect upon the applicant's ability to provide wireless service.

The applicant shall have the duty of presenting evidence relating to the criteria set forth herein.

Any application submitted for a variance relating to the installation of signage that exceeds the maximum allowed area regulated by Section 17.72.010 signs; shall include as part of the submittal, an architectural elevation of the building drawn to scale with the proposed signage located on the building also correctly drawn to scale. Freestanding signs shall also be drawn to scale and accurately located on a scaled perspective drawing of the building and site. Photographs with superimposed photo shop images of the signs, or renderings with no scale, shall not be accepted in lieu of perspective drawings. Photographs of the site with superimposed photo shop images of the signs that are of an accurate scale, may be submitted in addition to the scaled perspective drawings.

(Prior code § 30-28; Ord. 2010-21, § 1, 7/26/2010; Ord. 2023-27, § 1, 12/19/2023)

§ 17.92.020 Special use permit.

An application for a special use permit may be made by any person, group, agency or corporation by filing an application with the secretary of the zoning board of review describing the request and supported by such data and evidence as may be required by the board or by the terms of this chapter. The zoning board of review shall transmit a copy of the application to the city planning commission for their review and recommendation.

Applicability. The zoning board of review may grant a special use permit in accordance with the procedures and standards of this chapter for the following:

Any use or structure designated as requiring a special use permit in Section 17.28.030 (Schedule of uses) or elsewhere in this chapter, subject to the following affirmative findings:

Within a residential district, that the proposed use is consistent with the residential use of the district;

Within an industrial district, that the factual evidence has demonstrated that the proposed use will predominantly serve the employees and visitors to the existing industrial uses within the district;

Within a commercial district, that the proposed use will substantially conform to the scale and context of the surrounding developments;

Within an open space district, that the building and uses of land will be so designed and located in relation to the property as to preserve an open or natural character in the district.

Special Permits Power. The zoning board of review shall have the power in appropriate cases and subject to appropriate conditions and safeguards to issue special permits as authorized by this chapter in harmony with its general purpose and intent. In issuing such permits, the board shall determine that the use meets the following requirements:

It shall be compatible with its surroundings;

It shall not be injurious, obnoxious or offensive to the neighborhood;

It shall not hinder the future development of the city;

It shall promote the general welfare of the city; and

It shall be in conformance with the purposes and intent of the comprehensive plan.

Special Permit Procedure. Uses permitted by special permit under Chapter 17.88 of this title shall be permitted only upon the issuance of a special use permit. Special use permits may be issued by the zoning board of review after a public hearing.

No special permit shall be granted by the zoning board of review until the application or request has been referred to the city planning commission. The planning commission shall have thirty (30) days following such referral in which to express its opinion thereon. If within such period, the commission fails to express its opinion or make a recommendation, the application or request should be deemed to be recommended by the planning commission. The opinion and recommendation should be considered by, but shall not be binding upon, the zoning board of review.

For the following specified use, the applicant shall have the duty of presenting evidence and the duty of presenting all studies and materials required herein as well as the additional burden of persuading the zoning board that the following specific requirements have been met:

For wireless service facilities the zoning board of review shall evaluate all of the following additional evidence, information and factors in determining whether or not to grant a special use permit.

That the applicant supply a definition of the area of service needs for coverage or capacity;

ii.

That the applicant supply information showing the proposed facility would provide the needed coverage or capacity;

iii.

That the applicant provide a map showing all sites (alternative sites) from which the needed coverage could also be provided, indicating the zoning for all such sites;

iv.

That the applicant demonstrate that existing facilities cannot accommodate the proposed facility within the service area and that the applicant demonstrate that an existing public, community or institutional facility cannot accommodate the proposed facility within the service area;

That the applicant demonstrate that they cannot co-locate the facility within the service area;

vi.

That the applicant demonstrate, by presenting technological evidence, that the facility must be located at the proposed site in order to satisfy the needs of the applicant's wireless service grid system;

vii.

That the applicant shall allow other wireless service providers using similar technology to co-locate on;

viii.

That the applicant demonstrate how the site will be designed to accommodate future multiple users;

ix.

That the development of the proposed facility will preserve the pre-existing character of the surrounding buildings and land use as much as possible. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding area; and

That the zoning board shall not regulate the placement, construction and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions.

(Prior code § 30-29)

§ 17.92.030 Special conditions.

In granting a variance or in making any determination upon which it is required to pass after a public hearing under a zoning ordinance, the zoning board of review may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan and the zoning ordinance of the city, as codified in this title. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision and may include, but are not limited to, provisions for:

Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

Controlling the sequence of development, including when it must be commenced and completed;

Controlling the duration of use or development and the time within which any temporary structure must be removed;

Assuring satisfactory installation and maintenance of required public improvements;

Designating the exact location and nature of development; and

Establishing detailed records by submission of drawings, maps, plate or specifications.

(Prior code § 30-30)

Cranston City Zoning Code

Chapter

17.92 VARIANCES AND SPECIAL USE PERMITS

§ 17.92.010 Variances.

In granting a variance, the zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

That the hardship is not the result of any prior action of the applicant; and

The zoning board of review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

Whether the wireless service provider will be unable to provide wireless services without the tower site;

Whether the application represents a request for multiple use of a tower or site or use on a site contiguous to an existing tower site;

The applicant shall have the duty of presenting evidence relating to the criteria set forth herein.

(Prior code § 30-28; Ord. 2010-21, § 1, 7/26/2010; Ord. 2023-27, § 1, 12/19/2023)

§ 17.92.020 Special use permit.

Applicability. The zoning board of review may grant a special use permit in accordance with the procedures and standards of this chapter for the following:

Any use or structure designated as requiring a special use permit in Section 17.28.030 (Schedule of uses) or elsewhere in this chapter, subject to the following affirmative findings:

Within a residential district, that the proposed use is consistent with the residential use of the district;

Within a commercial district, that the proposed use will substantially conform to the scale and context of the surrounding developments;

Within an open space district, that the building and uses of land will be so designed and located in relation to the property as to preserve an open or natural character in the district.

It shall be compatible with its surroundings;

It shall not be injurious, obnoxious or offensive to the neighborhood;

It shall not hinder the future development of the city;

It shall promote the general welfare of the city; and

It shall be in conformance with the purposes and intent of the comprehensive plan.

That the applicant supply a definition of the area of service needs for coverage or capacity;

ii.

That the applicant supply information showing the proposed facility would provide the needed coverage or capacity;

iii.

That the applicant provide a map showing all sites (alternative sites) from which the needed coverage could also be provided, indicating the zoning for all such sites;

iv.

That the applicant demonstrate that they cannot co-locate the facility within the service area;

vi.

vii.

That the applicant shall allow other wireless service providers using similar technology to co-locate on;

viii.

That the applicant demonstrate how the site will be designed to accommodate future multiple users;

ix.

(Prior code § 30-29)

§ 17.92.030 Special conditions.

Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

Controlling the sequence of development, including when it must be commenced and completed;

Controlling the duration of use or development and the time within which any temporary structure must be removed;

Assuring satisfactory installation and maintenance of required public improvements;

Designating the exact location and nature of development; and

Establishing detailed records by submission of drawings, maps, plate or specifications.

(Prior code § 30-30)

Cranston City Zoning Code

Chapter

17.92 VARIANCES AND SPECIAL USE PERMITS

§ 17.92.010 Variances.

In granting a variance, the zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

That the hardship is not the result of any prior action of the applicant; and

The zoning board of review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

Whether the wireless service provider will be unable to provide wireless services without the tower site;

Whether the application represents a request for multiple use of a tower or site or use on a site contiguous to an existing tower site;

The applicant shall have the duty of presenting evidence relating to the criteria set forth herein.

(Prior code § 30-28; Ord. 2010-21, § 1, 7/26/2010; Ord. 2023-27, § 1, 12/19/2023)

§ 17.92.020 Special use permit.

Applicability. The zoning board of review may grant a special use permit in accordance with the procedures and standards of this chapter for the following:

Any use or structure designated as requiring a special use permit in Section 17.28.030 (Schedule of uses) or elsewhere in this chapter, subject to the following affirmative findings:

Within a residential district, that the proposed use is consistent with the residential use of the district;

Within a commercial district, that the proposed use will substantially conform to the scale and context of the surrounding developments;

Within an open space district, that the building and uses of land will be so designed and located in relation to the property as to preserve an open or natural character in the district.

It shall be compatible with its surroundings;

It shall not be injurious, obnoxious or offensive to the neighborhood;

It shall not hinder the future development of the city;

It shall promote the general welfare of the city; and

It shall be in conformance with the purposes and intent of the comprehensive plan.

That the applicant supply a definition of the area of service needs for coverage or capacity;

ii.

That the applicant supply information showing the proposed facility would provide the needed coverage or capacity;

iii.

That the applicant provide a map showing all sites (alternative sites) from which the needed coverage could also be provided, indicating the zoning for all such sites;

iv.

That the applicant demonstrate that they cannot co-locate the facility within the service area;

vi.

vii.

That the applicant shall allow other wireless service providers using similar technology to co-locate on;

viii.

That the applicant demonstrate how the site will be designed to accommodate future multiple users;

ix.

(Prior code § 30-29)

§ 17.92.030 Special conditions.

Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

Controlling the sequence of development, including when it must be commenced and completed;

Controlling the duration of use or development and the time within which any temporary structure must be removed;

Assuring satisfactory installation and maintenance of required public improvements;

Designating the exact location and nature of development; and

Establishing detailed records by submission of drawings, maps, plate or specifications.

(Prior code § 30-30)