Pawtucket City Zoning Code
ARTICLE XIII
Variances and Special Use Permits
§ 410-111 Application.
[Amended 12-20-2023 by Ch. No. 3287]
An application for relief from the literal requirements of this chapter because of hardship or an application for a special use permit may be made by any person, group, agency or corporation, provided that the owner or owners of the subject property must join in any application by filing with the Director an application describing the request and supported by such data and evidence as may be required by the permitting authority or by the terms of this chapter. Requests for dimensional and use variances and special use permits submitted under a unified development review provision of this chapter shall be submitted as part of the first stage of development plan review, subdivision or land development application to the Administrative Officer, pursuant to RIGL § 45-24-46.4(a) and § 410-114.1. All development plan review, land development project, or and/or subdivision applications submitted under the unified development review provisions of this chapter shall have a public hearing, which shall meet the requirements of §§ 410-112 and/or 410-112.1, as appropriate. An application from a corporation must be signed by its attorney or a duly authorized officer of the corporation. The Director shall immediately transmit such application received to the permitting authority and shall transmit a copy of each application to the City Planning Commission if not already transmitted to it.
§ 410-112 Variance hearing and notice.
[Amended 12-20-2023 by Ch. No. 3287]
The Zoning Board of Review shall, immediately upon receipt of an application, request that the City Planning Commission 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 of the City, in writing to the Board within 30 days. The Board shall hold a public hearing on any application for variance or special use permit 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. The same notice shall be posted in the City Clerk's office and one other municipal building in Pawtucket and the City must make the notice accessible on the home page of the City of Pawtucket website at least 14 days prior to the hearing. 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, which notice shall include the precise location of the subject property, including the street address and a description of the relief sought, as follows:
A.
In a newspaper of local circulation in the City.
B.
By first class mail to:
(1)
All owners of the subject property in question.
(2)
All property owners of record of land using the last known address as shown on the current real estate tax assessment records of the City within 200 feet of the property, which is the subject of the application, whether within the City or within an adjacent city or town.
(3)
The city or town council of any city or town to which one or more of the following pertain:
(a)
Which is located in or within not less than 200 feet of the boundary of the subject property; or
(b)
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, within 2,000 feet of the subject property, regardless of municipal boundaries; and
(4)
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 and that is within 2,000 feet of the subject property; provided that the governing body of any state or municipal water department or agency, special water district or private water company has filed with the Director a map survey, which shall be kept as public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
§ 410-112.1 Special use permit hearing and notice.
[Added 12-20-2023 by Ch. No. 3287]
The Zoning Board of Review shall, immediately upon receipt of an application, request that the City Planning Commission 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 of the City, in writing to the Board within 30 days. The Board shall hold a public hearing on any application for variance or special use permit 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. The cost of notification shall be borne by the applicant, which notice shall include the precise location of the subject property, including the street address and a description of the relief sought, as follows:
A.
In a newspaper of general circulation in the City.
B.
By first class mail to:
(1)
All owners of the subject property in question.
(2)
All property owners of record of land using the last known address as shown on the current real estate tax assessment records of the City within 200 feet of the property, which is the subject of the application, whether within the City or within an adjacent city or town. The sender of the notice shall utilize and obtain a United States Postal Service certificate of mailing, PS form 3817, or any applicable version thereof, to demonstrate proof of such mailing.
(3)
The city or town council of any city or town to which one or more of the following pertain:
(a)
Which is located in or within not less than 200 feet of the boundary of the subject property; or
(b)
Where there is a public or quasipublic water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of the subject property, regardless of municipal boundaries; and
(4)
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 and that is within 2,000 feet of the subject property; provided that the governing body of any state or municipal water department or agency, special water district or private water company has filed with the Director a map survey, which shall be kept as public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
§ 410-113 Standards for relief.
[Amended 12-20-2023 by Ch. No. 3287]
A.
Variance.
(1)
In granting a variance, the Board, or the City Planning Commission or Joint 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, excepting those physical disabilities addressed in § 410-1O.
(b)
That said hardship is not the result of any prior action of the applicant.
(c)
That the granting of the requested variance will not alter the general characteristic of the surrounding area or impair the intent or purpose of this chapter or the Comprehensive Plan of the City.
(2)
The Board, or the City Planning Commission or Joint Planning Commission under unified development review as appropriate, 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 land or structures in an adjacent district shall not be considered grounds for granting a use variance; and
(b)
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, 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)
The Board, or the City Planning Commission or Joint Planning Commission under unified development review as appropriate, shall have the power to grant dimensional variances where the use is permitted by special use permit.
B.
Special use permit.
(1)
In granting a special use permit, the Board, or the City Planning Commission or Joint 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 special use is specifically authorized by this chapter and setting forth the exact subsection of this chapter containing the jurisdictional authorization.
(b)
That the special use meets all of the criteria set forth in the subsection of this chapter authorizing such special use and any other applicable provisions of this chapter.
(c)
That the special use is compatible with neighboring land uses.
(d)
That the special use will not create a nuisance or hinder the future development of the City.
(2)
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 permitting authority shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the above special use criteria and the dimensional variance evidentiary standards.
§ 410-114 Special conditions.
[Amended 12-20-2023 by Ch. No. 3287
In granting a variance or special use permit, or in making any determination upon which it is required to pass after public hearing under this chapter, the Board or other zoning enforcement agency may apply such special conditions that may, in the opinion of the Board or agency, be required to promote the intent and purposes of the Comprehensive Plan of the City and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such 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:
A.
Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities.
B.
Controlling the sequence of development, including when it must be commenced and completed.
C.
Controlling the duration of use or development and the time within which any temporary structure must be removed.
D.
Assuring satisfactory installation and maintenance of required public improvements.
E.
Designating the exact location and nature of development.
F.
Establishing detailed records by submission of drawings, maps, plats or specifications.
§ 410-114.1 Unified development review.
[Added 12-20-2023 by Ch. No. 3287]
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, 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 §§ 410-112 and/or 410-112.1, as appropriate.
C.
In granting requests for dimensional and use variances, the City Planning Commission or Joint Planning Commission as appropriate, shall be bound to the requirements of § 410-113A relative to entering evidence into the record in satisfaction of the applicable standards.
D.
In reviewing requests for special use permits the City Planning Commission or Joint Planning Commission as appropriate 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 §§ 410-59 and 410-113B, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to § 410-110.
E.
Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to the Land Development and Subdivision Regulations.