Where a use is allowed in sections 32-46 through 32-58 as a special use rather than by right, or where relief from use requirements contained elsewhere in this chapter is requested, such use or relief may be granted to any person, group, agency or corporation by the issuance of a special use permit through application to the Zoning Board of Review under the provisions of article III. The Zoning Board may require that copies of plans and specifications be filed by the applicant in order to aid the board in arriving at a proper decision.

An applicant may apply, and be approved for, a dimensional variance in conjunction with a special use permit in all zoning districts. The Zoning Board of Review shall consider the special use permit and dimensional variance together, applying both the special use criteria and the dimensional variance standards, to determine if granting the special use permit is appropriate. If standards for dimensional variance cannot be met, the Zoning Board of Review shall deny the application for dimensional relief.

In instances where a special use permit has been granted previously by the Zoning Board of Review, the board shall apply both the special use criteria and the dimensional variance standards. If standards for dimensional variance cannot be met, the Zoning Board of Review shall deny the application for dimensional relief.

(Amd. of 3-20-17)

Uses requiring the granting of a special use permit in this ordinance shall be permitted by the Zoning Board of Review, following a public hearing, only if in the opinion of the board, such uses meet the following standards:

A.

They will be compatible with the neighboring land uses;

B.

They will not create a nuisance or a hazard in the neighborhood;

C.

They will be compatible with the comprehensive community plan; and

D.

The public convenience and welfare will be served.

In granting a special use permit, the board may prescribe such conditions and safeguards, as setbacks, screening and other requirements as it may deem necessary to prevent nuisance to and promote harmony with the use of nearby property. The disregarding of any conditions or safeguard, when made part of the terms under which a special use permit is granted, shall be deemed a violation of this ordinance.

A.

Nonconforming uses. When reviewing a special use permit application for the extension of a nonconforming use or structure, or for the change in a nonconforming use to another nonconforming use as provided in article XII of this ordinance, the board shall, in addition to the standards in section 32-30 above, apply the following standards:

1.

The proposal will not result in the creation of, or increase in, any undesirable impacts related to the use, such as excessive noise, traffic or waste generation;

2.

The general appearance of the nonconforming development will not be altered in a way so as to heighten or make more aware its nonconformity, and where possible, will be improved so as to be more consistent with the surrounding area;

3.

It will not have a negative impact on the natural environment or on any historic or cultural resource; and

4.

The resulting nonconforming development will be a beneficial use to the community.

B.

Merger of substandard lots. When reviewing a special use permit application for relief from the provisions of article XIV of this ordinance relating to the merger of substandard lots of record, the board shall, in addition to the standards in section 32-30 above, apply the following standards:

1.

The resulting development will have adequate provisions for water service, wastewater disposal and fire protection;

2.

It will not result in an increased burden on community infrastructure and services; and

3.

It will not have a negative impact on the natural environment or on any historic or cultural resource.

C.

Special use standards for, non-residential cooperative cultivation, and licensed cultivators of medical marijuana.

1.

The application for a special use permit shall provide the legal name and address of the licensed cultivator, or non-residential cooperative cultivation, a copy of the articles of incorporation, if any, and the name, address, and date of birth of each principal officer and board member, if any.

2.

The requested use at the proposed location will not adversely affect the use of any property used for a school, public or private park, playground, play field, youth center, licensed day-care center, or any other location where groups of minors regularly congregate.

3.

The requested use at the proposed location will be sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

4.

The exterior appearance of the structure must be consistent with the exterior appearance of existing structures within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

5.

A licensed cultivator, or non-residential cooperative cultivation must not be located within:

a.

In the B, CI, RB and W Zoning Districts: One hundred (100) feet from the nearest residential zoning district; and

b.

In all districts: One thousand (1,000) feet from the nearest school.

6.

The distances specified in the immediately preceding section 5. shall be measured by a straight line from the nearest property line of the premises on which the proposed, licensed cultivator, or non-residential cooperative cultivation use is to be located to the nearest boundary line of a residential district or to the nearest property line of any of the other designated uses set forth therein.

7.

Lighting shall be required such that will illuminate the property in order to provide proper security and the proposed use shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security/alarm system.

8.

No use shall be established prior to submission and approval of a site plan by the Zoning Board of Review with the technical advice of the Zoning Official. The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas, and other open uses. The site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses as described within this section.

9.

All, non-residential cooperative cultivation, and licensed cultivator uses shall fully comply with all licensing requirements of the Town of Warren and the laws of the State of Rhode Island.

(Amd. of 4-26-18)