(a)

There shall be development plan review for uses that are permitted by right under the zoning ordinance.

(b)

Permitting authority. The permitting authority shall be the administrative officer.

(c)

Specific and objective guidelines. Design of all projects shall be consistent with the provisions of these regulations as well as article 16 of the land development and subdivision review regulations.

(d)

Waivers. The authorized administrative officer may grant waivers of design standards as set forth in the land development and subdivision review regulations.

(e)

Appeal. A rejection of the application shall be an appealable decision pursuant to RIGL §45-23-71.

(Ch. 914, § I(Att.), 12-19-23}

No permit to build, alter or expand any of the uses requiring development plan review as outlined in the land development and subdivision regulations shall be issued by the building inspector, until a written statement of development plan review approval in accordance with this article has been received. The applicant is responsible for obtaining a building permit through the department of public works, building inspection division as is required by city ordinances. The applicant must submit all plans and documents normally required for a building permit. No alteration to any city ordinance requirements, or any necessity to gain approval by another legal jurisdiction shall be deemed to be authority by virtue of the development plan review approval under this article.

(Ch. 914, § I(Att.), 12-19-23}

Application requirements, review timelines, and other standards are described in the land development and subdivision regulations. The administrative officer shall be the permitting authority in instances of both administrative development plan review, and formal development plan review. Development plan review shall be combined with other pertinent applications, such as modification, special use permit, subdivision, and/or variance as described in the land development and subdivision regulations. In no instance shall a proposed development be subject to development plan review and land development project approval.

(Ch. 914, § I(Att.), 12-19-23}

(a)

General standards for approval. The permitting authority shall review plans and supporting documentation submitted in accordance with the requirements in the land development and subdivision regulations and shall issue development plan review approval (including appropriate revisions and conditions) provided that the applicant has proved to the permitting authority that the following standards will be met:

(1)

The design of the proposed development will be consistent with the goals of the city comprehensive plan, and will implement the purposes of development plan review;

(2)

Erosion will be adequately controlled during and after construction and will not adversely affect adjacent or neighboring property or public facilities and services;

(3)

Provisions have been made for stormwater and drainage facilities, and that increased runoff due to development on the site will not be injurious to any nearby property owners or cause hazardous conditions on any streets;

(4)

The movement of vehicular and pedestrian traffic within the site and in relation to access streets will be safe and convenient and adequate provision has been made for snow removal;

(5)

All utilities, infrastructure, streets, roadways, sidewalks, walkways and parking area improvements will be provided for the development in a manner meeting the applicable requirements and standards of the city. Construction standards for utilities and improvements serving the public, as applicable to a subdivision under chapter 15, shall be applicable to a development under this article;

(6)

The regulation standards as set forth in sections 19-336 through 19-345 be complied with in all respects;

(7)

The location, arrangement, appearance, and sufficiency of off-street parking and loading comply in all respects with the zoning ordinance and are adequate to serve the development;

(8)

The provisions of section 19-175 on open storage be complied with in all respects;

(9)

The proposed development and all uses and structures therein, shall comply in all respects with this chapter. Nothing in this article shall prevent an applicant from seeking a variance or special use permit.

(Ch. 914, § I(Att.), 12-19-23}

Appeals of a final decision from the permitting authority regarding development plan review may be taken in accordance with section 19-55.

(Ch. 914, § I(Att.), 12-19-23}

(a)

In their interpretation and application, the provisions of this article shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.

(b)

Where the permitting authority recognizes the approval and/or procedural requirements for development plan review approval outlined in this article and the land development and subdivision regulations cannot be fully met, the permitting authority has the authority to approve site plans incorporating a balance of the design standards in a manner which maximizes the achievement of the stated objectives of this article. Compensating amenities and features exceeding standards and objectives must be identified within such a site plan. The permitting authority shall address these offsetting features in writing as part of its statement of final decision.

(c)

Where the conditions imposed by any provisions of this article are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this article or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

(d)

The provisions of this article are severable. If a section, sentence, clause, or phrase of this article is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of this article.

(Ch. 914, § I(Att.), 12-19-23}