In granting any special use permit or variance, the zoning board shall consider whether or not satisfactory provisions and arrangements have been or will be made concerning, but not limited to, the following matters, where applicable:

A.

Ingress and egress to the lot and to existing or proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire, emergency, or other catastrophe;

B.

Off-street parking and loading areas where required, with particular attention to the items in (A) [subsection A of this section] above, and the economic, noise, glare or odor effects of the special use on adjoining lots;

C.

Trash, storage, and delivery areas with particular reference to the items in (A) and (B) [subsections A and B of this section] above;

D.

Utilities and surface water drainage with reference to locations, availability and suitability;

E.

Screening and buffering with reference to type, dimensions and character;

F.

Signs, if any, and exterior lighting with reference to glare, traffic safety, economic effect on and compatibility and harmony with lots in the zoning district;

G.

Required yards and other open spaces;

H.

General compatibility with lots in the same or abutting zoning districts;

I.

Environmental compatibility and safeguards to protect the natural environment;

J.

Electrical, electronic or noise interference;

K.

Water saving devices and/or ISDS inspection or servicing.

(Ord. of 2-3-2025(1), § 1(Exh. A))

In accordance with the procedure established in article 2 (Zoning board of review) hereof [of this chapter], the zoning board may, in appropriate cases and subject to conditions and safeguards as further provided in this chapter, make exceptions to the terms of this chapter in harmony with the general purposes and intents of this chapter and the comprehensive plan. Special use permits may be granted by the zoning board for the uses listed as special use in section 82-601 (Uses and districts) herein, for change of a nonconforming use as provided in article 9 (Nonconforming uses) [of this chapter], and for accessory structures located in front yards as provided in section 82-700 (Accessory structures) herein.

Any proposed land use that is not specifically listed in section 82-601 may be presented by the applicant to the zoning board for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special use permit. Upon such determination, the proposed use may be considered to be a use requiring a special use permit.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Before any special use permit shall be granted, the applicant shall show to the satisfaction of the zoning board:

A.

That the granting of the special use permit will not result in conditions inimical to the public health, safety, morals and welfare; and

B.

That the granting of such special use permit will not substantially or permanently injure the appropriate use of the property in the surrounding area or district.

In granting a special use permit, the zoning board may impose such special conditions as are deemed necessary to maintain harmony with other lots in the same or abutting zoning districts and to promote the objectives of this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A special use permit shall expire one year from the date of granting by the zoning board unless the applicant exercises the permission granted or receives a building permit to do [so], and commences construction, and diligently pursues the construction until completed.

A special use permit granted by the zoning board may not be extended or enlarged beyond the limits authorized by the zoning board, except by the granting of a further special use permit by the zoning board.

(Ord. of 2-3-2025(1), § 1(Exh. A))

It is hereby declared that any special use permits heretofore granted under this chapter shall continue to be a special use, and shall not be construed to become, by the passage of this chapter, a nonconforming use or structure.

(Ord. of 2-3-2025(1), § 1(Exh. A))

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

The zoning board of review, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance [this chapter], may request that the planning commission and/or staff shall report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan, in writing to the zoning board within 30 days of receipt of the application from that commission.

The zoning board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice thereof at least 14 days prior to the date of the hearing in a newspaper of local circulation in the town. Notice of hearing shall be sent by first class mail to the applicant, and to at least all those who would require notice under G.L. 1956, § 45-24-53. The notice shall also include the street address of the subject property. At least 14 days prior to the hearing, the same notice shall be posted in the town clerk's office and one other municipal building in the town and the town shall make the notice accessible on the home page of its website. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant.

Requests for dimensional and use variances and special use permits submitted under a unified development review provision of this zoning ordinance shall be submitted as part of the subdivision or land-development application to the administrative officer of the planning commission, pursuant to G.L. 1956, § 45-24-46.4. All subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing, which shall meet the requirements of the Town of Jamestown Subdivision Regulations Article V Sec. C.6.a.(5) and G.L. 1956, § 45-23-50.1.

(Ord. of 2-3-2025(1), § 1(Exh. A))

In granting a variance, the zoning board of review, or the planning commission under unified development review as appropriate, shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

A.

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; and

B.

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

C.

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

(Ord. of 2-3-2025(1), § 1(Exh. A))

The zoning board of review or, where unified development review is enabled, the planning commission shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

A.

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 this chapter. 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

B.

In granting a dimensional variance, 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 meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

C.

An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use. If the special use could not exist without the dimensional variance, the zoning board of review, or the planning commission in unified development 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.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The zoning enforcement officer is authorized to grant modification from literal dimensional requirements of the zoning ordinance [this chapter] listed in article 6 [of this chapter]. The zoning enforcement officer shall permit modifications that are five percent or less and may permit modifications up to 25 percent (G.L. 1956, § 45-24-46).

A.

A modification shall not include moving of lot lines, building height (principal only), lot frontage or modifications to existing nonconforming dimensions as specified in article 6 of this chapter.

B.

Within ten day[s] of the receipt of a request for 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 uses;

2)

If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

3)

The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations;

4)

The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.

C.

Upon an affirmation determination, in the case of a Modification of five percent or less, the zoning enforcement officer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent, the zoning enforcement officer shall notify, by registered or certified mail, all property owners within 200 feet of the property which is the subject of the modification request, and shall publish in a newspaper of local circulation that the modification will be granted unless written objection is received within 14 day[s] of the public notice.

D.

If written objection is received, 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 such variances, including notice requirements provided for under this chapter.

E.

If no written objections are received within 14 days, the zoning enforcement officer shall grant the modification. The zoning enforcement officer may apply 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 [this chapter].

F.

Costs of any notice or advertising required under this section shall be borne by the applicant.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Unified development review established. 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.

B.

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 G.L. 1956, § 45-23-42(b).

C.

In granting requests for dimensional and use variances, the planning commission shall be bound to the requirements of section 82-306 relative to entering evidence into the record in satisfaction of the applicable standards.

D.

In reviewing requests for special use permits the planning commission 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 section 82-300, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to section 82-203.

E.

Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to G.L. 1956, § 45-23-71.

(Ord. of 2-3-2025(1), § 1(Exh. A))