In accordance with Tile 45, Chapter 24 of the General Laws of
Rhode Island, 1956, as amended, the following Zoning Ordinance is
hereby adopted by the Town Council of the Town of West Greenwich effective
December 15, 1994. All ordinances and amendments, or parts of ordinances
and amendments, which are inconsistent herewith are hereby repealed.
A.Â
The zoning
regulations set forth in this chapter have been developed and shall
be maintained in accordance with the Town's Comprehensive Community
Plan. Where uncertainty in the construction or application of any
section of this chapter exists, it shall be construed in a manner
that will further the implementation of, and not to be contrary to,
the goals and policies and applicable elements of the Comprehensive
Plan.
B.Â
This chapter
is designed to achieve the following purposes:
(1)Â
Promote the public health, safety, and general welfare of the Town
of West Greenwich.
(2)Â
Provide for a range of uses and intensities of use appropriate to
the character of the Town of West Greenwich reflecting current and
expected future needs.
(3)Â
Provide for orderly growth and development which recognizes:
(a)Â
The goals and patterns of land use contained in the West Greenwich
Comprehensive Plan adopted and as may be amended;
(b)Â
The natural characteristics of the land, including its suitability
for use based on soil characteristics, topography, and susceptibility
to surface water or groundwater pollution;
(c)Â
The values and dynamic nature of freshwater ponds, the shoreline,
and freshwater wetlands;
(d)Â
The values of unique or valuable natural resources and features;
(e)Â
The availability and capacity of existing and planned public
and/or private services and facilities;
(f)Â
The need to shape and balance urban and rural development; and
(g)Â
The uses of innovative development regulations and techniques.
(4)Â
Provide for the control, protection, and/or abatement of air, water,
groundwater, noise pollution, soil erosion and sedimentation.
(5)Â
Provide for the protection of the natural, historic, cultural, and
scenic character of the Town of West Greenwich.
(6)Â
Provide for the preservation and promotion of agriculture production,
forest and timber resources, and open space.
(7)Â
Provide for the protection of public investment in transportation,
water, stormwater management systems, sewage treatment and disposal,
schools, recreation, public facilities, open space and other public
requirements.
(8)Â
Promote a balance of housing choices, for all income levels and groups,
to assure the health, safety and welfare of all citizens and their
rights to affordable, accessible, safe and sanitary housing; provide
opportunities for the establishment of low- and moderate-income housing.
(9)Â
Promote safety from fire, flood, and other natural or man-made disasters.
(10)Â
Promote a high level of quality in design in the development
of private and public facilities.
(11)Â
Promote implementation of the Town's Comprehensive Plan as adopted
and as may be amended.
(12)Â
Provide for coordination of land uses with contiguous municipalities,
other municipalities, the state, and other agencies, as appropriate,
especially with regard to resources and facilities that extend beyond
municipal boundaries or have a direct impact on the municipality.
(13)Â
Provide for efficient review of development proposals, to clarify
and expedite the zoning approval process.
(14)Â
Provide for procedures for the administration of this chapter.
[Amended 2-15-2023]
Except as may be specifically provided hereinafter, no land shall be used and no building, structure, or sign shall be erected, modified, enlarged, or used unless such action conforms to all of the applicable provisions of this chapter. Every building, structure, or sign hereafter erected and every use hereafter initiated shall be located on a lot as defined by this chapter, and in no event shall there be more than one residential building, together with accessory structures, on one lot; provided, however, that accessory dwelling units may be permitted as set forth in Article XXIV.
[Amended 10-11-2017; 11-8-20177-11-2018]
In order to clarify and simplify the wording, to eliminate ambiguity
and to avoid unnecessary delay in interpretation and application of
this chapter, certain words, terms and phrases used herein shall be
interpreted as follows. Where any words and phrases are also or additionally
defined in R.I.G.L. § 45-24-31, the definitions found in
state law are controlling.
A residential living unit on the same parcel where the primary
use is a legally established single-unit or multi-unit dwelling. An
ADU provides complete independent living facilities for one or more
persons. It may take various forms, including, but not limited to:
a detached unit; a unit that is part of an accessory structure, such
as a detached garage or barn; or a unit that is part of an expanded
or remodeled primary dwelling. An ADU may be included as part of an
application for construction of a new primary dwelling unit.
[Added 2-15-2023]
A structure located on the same lot as a principal structure
but separate from the principal structure, the use of which is clearly
incidental and secondary to the principal structure and which is customarily
used in connection with the principal structure.
The conversion of an existing structure from the use for
which it was constructed to a new use by maintaining the elements
of the structure and adapting such elements to a new use.
[Added 12-13-2023]
Includes:
Any commercial establishment where, for any form of consideration,
magazines, films, motion pictures, videocassettes, slides or other
similar visual photographic representations are regularly shown which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas. "Commercial establishment"
also includes any place of business that features persons who perform
live and expose any specified anatomical area or appear in any state
of nudity, including seminude.
Any commercial establishment, bookstore, video store or novelty
store where at least 20% of the in-store inventory that is held for
sale or rental, for any form of consideration, includes any books,
videos, magazine, film or other visual photographic representations
which are or may be characterized by the depiction or description
of specified sexual activities or specified anatomical areas. The
descriptions provided within shall serve as examples and are not meant
to be exhaustive.
Any store or commercial establishment that sells or rents, for
any form of consideration, any in-store inventory including instruments,
devices, or paraphernalia that may be designed for or may be used
in connection with specified sexual activities.
An adult entertainment business may have other principal purposes
that do not involve the activities or materials described above. However,
such purposes shall not have the effect of preempting the commercial
businesses from being categorized as adult entertainment so long as
the depiction or description of specified sexual activities or specified
anatomical areas remains one of the principal purposes.
(Also known as "air-inflated structures," "air domes," or
"membrane structures"). A temporary or permanent structure made from
a membrane-like fabric either fully or partially supported by air
pressure. An air-supported structure typically has cable restraints,
anchoring supports, primary blowers, and/or backup inflation units.
Air-supported structures are generally used for warehouse or indoor
commercial recreation purposes.
A notice issued by the administrative officer informing the
applicant that the application is completed and meets the requirements
of the regulations, and that the applicant may proceed with the approval
process.
A one-bedroom apartment unit to be included as an integral
portion of a single-family dwelling that is designed for use by immediate
family members of the resident(s) of the main dwelling space, in order
to facilitate needed care and assistance and a degree of independent
living.
A brewery that is located on a farm of no less than five
acres and that produces beer which is manufactured with at least one
primary ingredient (hops or grain) grown on the farm and whose annual
production does not exceed 150,000 gallons of beer, and where customers
would have the opportunity to tour the farm and try small samples
(three ounces or less), and purchase bottles (of up to 64 ounces each)
to take home and consume off-site. A farm brewery may also sell beer
wholesale to retailers with the appropriate state license. A farm
brewery must have the appropriate state license to operate a brewery.
A winery as defined under R.I.G.L. § 3-6-1.1.
This term shall be synonymous with "affordable housing" as
defined in R.I.G.L. § 42-128-8.1, and further means any
housing whether built or operated by any public agency or any nonprofit
organization or by any limited equity housing cooperative or any private
developer, that is subsidized by a federal, state, or municipal government
subsidy under any program to assist the construction or rehabilitation
of affordable housing and that will remain affordable through a land
lease and/or deed restriction for 99 years or such other period that
is either agreed to by the applicant and Town or prescribed by the
federal, state, or municipal government subsidy program but that is
not less than 30 years from initial occupancy.
[Added 12-13-2023]
A facility for the production and packaging of malt beverages
of low alcoholic content for wholesale distribution with a capacity
of less than 15,000 barrels per year and may include a tasting room
open to the public.
A facility for the production and packaging of alcoholic
beverages in quantities not to exceed 12,000 gallons per year and
may include a tasting room open to the public.
A facility for the production and packaging of any alcoholic
beverages obtained by the fermentation of the natural contents of
fruits or vegetables, containing sugar, including such beverages when
fortified by the addition of alcohol or spirits, in quantities not
to exceed 25,000 gallons per year and may include a tasting room open
to the public.
A building consisting of three or more separate dwelling
units and/or townhouses, row houses, apartments and/or condominiums
to be owned, leased or rented by individuals and/or families. A multifamily
dwelling includes low- or moderate-income housing pursuant to R.I.G.L.
§ 45-53-1 et seq.
A lot, or parcel of land, or portion thereof, which is used
for the primary or principal commercial purpose of extracting ledge,
bedrock, and similar material, as by cutting or blasting, for sale
or use at a site removed from the place of extraction.
Any of the following:
Any of the following:
The area on the same lot with a principal building or structure
which is unoccupied and unobstructed by buildings or structures from
the ground to the sky, except as otherwise herein provided, and shall
include:
FRONT YARD— The area extending across the full width of
the lot between a street line and a line parallel thereto drawn through
the nearest point of the principal structure.
REAR YARD— The area extending across the full width of
the lot between the principal building and rear lot line, and measured
perpendicular from the rear lot line to the closest point of the principal
building.
SIDE YARD— The area extending from the front yard to the
rear yard between the principal building and the side lot line, and
measured perpendicular from the side lot line to the closest point
of the principal building.
The permit required under the provisions of § 400-7B hereof to be issued by the Building Official to authorize any new construction of buildings, structures or signs, or the alteration of existing buildings, structures or signs, or construction of other improvements.
A.Â
For the purpose of this chapter, The Town of West Greenwich is hereby divided into the following zoning districts as defined in Article II:
|
Rural, Farming, Residential (RFR-1)
| |
|
Rural, Farming, Residential (RFR-2)
| |
|
Open Space and Public Lands (OSPL)
| |
|
Neighborhood Business
| |
|
Highway Business
| |
|
Industrial A
| |
|
Industrial B
| |
|
Exit 7 Special Management District
| |
|
Corporate Zoning District
| |
|
Senior Residential District
|
B.Â
The location and boundaries of the above zoning districts are hereby
established as shown on a map filed in the office of the Town Clerk,
titled "West Greenwich Zoning Map," dated December 1994. Said map
is hereby adopted and made a part of this chapter. In addition, copies
of this chapter shall be available at all times at the office of the
Town Clerk.
Where uncertainty exists as to the boundaries of districts as
shown on the Official Zoning Map, the following rules shall apply:
A.Â
Boundaries indicated as approximately following the center lines
of a highway, street, alley, railroad, watercourse or body of water
shall be construed to be center lines, or middle thereof, and/or such
boundaries indicated as approximately following Town limits shall
be construed as following such Town limits.
B.Â
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
C.Â
Where a district line divides a lot which was in single ownership
at the time of passage of this chapter, the Board of Review may permit,
as a special use, the extension of the regulations for either portion
of the lot not to exceed 30 feet beyond the district line into the
remainder of the lot.
D.Â
Boundaries indicated as following shorelines shall be construed to
follow such shorelines; and in event of change in the shoreline, shall
be construed as moving with the actual shoreline.
E.Â
Boundaries indicated as parallel to or extensions of features indicated
in the above subsections shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be determined by the scale
of the map.
F.Â
Where physical or cultural features existing on the ground are at
variance with those shown on the Official Zoning Map, or are, in other
circumstances, not covered by the above subsections, the Board of
Review shall interpret the district boundaries.
[Amended 12-13-2023]
A.Â
Zoning Inspector. A Zoning Inspector, hereinafter referred to as
"Inspector," shall be appointed by the Town Council. It shall be the
duty of the Inspector to enforce the provisions of this chapter and
to record all amendments to this chapter on the record copy of this
chapter and map. In addition, all records of the Zoning Board of Review
shall be filed in the office of the Zoning Inspector.
B.Â
Zoning permits.
(1)Â
A permit shall be required indicating that the proposed use of structures
or land conforms to the provisions of this chapter for the following:
(2)Â
The Inspector may require that copies of plans, specifications and
such other information as he may deem necessary be filed with the
application for such permit.
(3)Â
No permit may be issued by the Inspector for any use not specifically
permitted in this chapter, except where the Inspector receives a statement
in writing from the West Greenwich Zoning Board of Review indicating
the grating of an appeal, special use permit or variance or a statement
in writing from the West Greenwich Town Council indicating an amendment
to this chapter.
(4)Â
The Inspector shall retain a copy of each permit issued, and one
copy shall be forwarded to the Town Clerk and Tax Assessor. Where
the Inspector denies the issuance of a permit, a written statement
shall be given to the applicant, indicating the reason for such refusal.
C.Â
Modifications.
[Added 12-13-2023]
(1)Â
The
Zoning Inspector is authorized to grant modification permits of up
to and including 15% of the literal dimensional requirements of this
subsection as follows:
(a)Â
Within 10 days of the receipt of a request for a modification, the
Zoning Inspector shall make a decision as to the suitability of the
requested modification based on the following determinations:
[1]Â
The modification is reasonably necessary for the full enjoyment of
the permitted use;
[2]Â
If the modification is granted, neighboring property will neither
be substantially injured nor its appropriate use substantially impaired;
[3]Â
The modification requested does not require a variance of a
flood hazard requirement, unless the building is built in accordance
with applicable regulations;
[4]Â
The modification requested does not violate any rules or regulations
with respect to freshwater or coastal wetlands.
(b)Â
Upon an affirmative determination, in the case of a modification
of 5% or less, the Zoning Inspector 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 5%, the Zoning Enforcement
Officer shall notify, by first-class mail, all property owners abutting
the property which is the subject of the modification request, and
shall indicate the street address of the subject property in the notice,
and shall publish in a newspaper of local circulation within the city
or town that the modification will be granted unless written objection
is received within 14 days of the public notice. If written objection
is received within 14 days, the request for 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. If no written objections are received within
14 days, the Zoning Inspector shall grant the modification.
(c)Â
The Zoning Inspector may apply any special conditions to the
permit as may, in the opinion of the officer, be requested to conform
to the intent and purposes of the zoning ordinance.
(d)Â
The Zoning Inspector shall keep public records of all requests
for modifications, and of findings, determinations, special conditions,
and any objections received.
(e)Â
Costs of any notice required under this subsection shall be
borne by the applicant requesting the modification.
A.Â
Zoning Board of Review. A Zoning Board of Review, hereinafter called
the "Board," is hereby created in accordance with Charter § 702.
Reappointments or succeeding appointments shall be made at the regular
meeting of the Town Council, in May of each year, to be effective
on July 1 of each year. All members of the Board shall be legal residents
of the Town of West Greenwich, and no member shall be an elected official
or salaried employee of the Town of West Greenwich. Any member may
be removed by the Town Council for due cause following a public hearing.
[Amended 7-11-2018]
B.Â
Organization and operation of the Board.
(1)Â
Once each year, the Zoning Board of Review shall organize by electing
from its membership a Chairman and Vice-Chairman. The Board may engage
the services of a Clerk or Recorder within the limit of the funds
available to it or may elect one of its members as Secretary.
(2)Â
Meetings of the Board shall be held at the call of the Chairman and
at such other times as the Board may determine. The Chairman, or in
his absence the Vice-Chairman, may administer oaths and compel the
attendance of witnesses and the submission of data. One alternate
member of the Board shall sit as an active member when and if a member
of the Board is unable to serve at any hearing. All hearings of the
Board shall be open to the public.
[Amended 7-11-2018]
(3)Â
In conducting hearings and arriving at its decisions, the Board shall
consist of a minimum of four and a maximum of five participating members,
which may include alternates. The concurring vote of a majority of
members shall be necessary to reverse any order, requirements, decision
or determination of the Zoning Inspector. The concurring vote of a
majority of members shall be required to decide in favor of an applicant
on any matter concerning a special use permit or variance, upon which
the Board is required to act under this chapter.
[Amended 12-13-2023]
(4)Â
The Board shall make a record of all its proceedings and actions,
specifying the grounds for its decision, the vote of each member participating
therein, and the absence of a member or his failure to vote. This
record shall be available for review by the public at the office of
the Town Clerk, and notice of the decision of the Board shall be sent
to the Zoning Inspector.
D.Â
Appeals to the Zoning Board of Review. The Zoning Board of Review
shall have the power to hear and decide appeals where it is alleged
there is error in any order, requirement, decision or determination
made by the Zoning Inspector in the enforcement of this chapter. In
using this power, the Board may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination
as ought to be made, and to that end shall have all the powers of
the Zoning Inspector from whom the appeal was taken.
(1)Â
Any such appeal shall be made in writing to the Town Clerk and the
Zoning Board of Review within 15 days of the recording of the order
or decision of the Zoning Inspector which is the subject of said appeal.
(2)Â
In the notice of appeal, the aggrieved party shall specify the grounds
for said appeal.
(3)Â
Upon receipt of the notice of appeal, the Town Clerk shall transmit
to the Zoning Board of Review all papers constituting the record upon
which the appealed action was taken. Notice of the appeal shall also
be transmitted to the Planning Board.
(4)Â
An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the Zoning Inspector from whom the appeal is
taken certifies to the Zoning Board of Review, after an appeal shall
have been duly filed, that by reason of facts stated in the certificate
a stay would, in the Inspector's opinion, cause imminent peril to
life or property. In that case, proceedings shall not be stayed other
than by a restraining order, which may be granted by a court of competent
jurisdiction on application thereof and upon notice to the Zoning
Inspector from whom the appeal is taken on due cause shown.
(5)Â
The Zoning Board of Review shall hold a public hearing for the hearing
of the appeal, give public notice thereof, as well as due notice to
the parties of interest, and decide the matter within 65 days of the
date of the filing of the appeal. Upon the hearing, any party may
appear in person or by agent or by attorney. The cost of any notice
required for the hearing shall be borne by the appellant.
[Amended 7-11-2018]
E.Â
Unified development review.
[Added 12-13-2023]
(1)Â
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.
(2)Â
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 R.I.G.L.
§ 45-23-50.1(d).
(3)Â
In granting requests for dimensional and use variances, the Planning Board shall be bound to the requirements of § 400-10 relative to entering evidence into the record in satisfaction of the applicable standards.
(4)Â
In reviewing requests for special use permits the Planning Board 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 at § 400-9, and shall be required to provide for the recording of findings of fact and written decisions.
(5)Â
Appeals. An appeal from any decision made pursuant to this section
may be taken pursuant to R.I.G.L. § 45-23-71.
R.I.G.L. § 45-24-42. General provisions - Special-use
permits
A.Â
Special
use permits may be approved by the Zoning Board of Review as follows:
(1)Â
The uses requiring special use permits in each district are indicated
in the Zone Use Matrix.[1]
[1]
Editor's Note: The Use Matrix is included as an attachment to this chapter.
(2)Â
The following describes the conditions and procedures under which
special use permits, of each of the various categories of special
use permits established in this chapter, may be issued:
(a)Â
An application for special use permit may be made by any person,
group, agency, or corporation by filing with the Zoning Enforcement
Officer or Zoning Board Clerk an application describing the request
and supported by such data and evidence as may be required by the
West Greenwich Zoning Board of Review. The Zoning Enforcement Officer
or Zoning Board Clerk shall immediately transmit each application
received to the West Greenwich Zoning Board of Review and shall transmit
a copy of each application to the Town Planner and the Planning Board.
(b)Â
Special use permit application. An application for a special
use permit shall be filed with the Town Clerk and Clerk for the Zoning
Board of Review, specifying the grounds for the application. The application
for the special use permit shall include plans and data describing
the site and proposed use and documentation in support of the application.
The application shall show the location and dimensions of the property
and the proposed use and any other information required by the application
form and as may be required by the Zoning Board of Review.
(3)Â
The following criteria will be utilized by the West Greenwich Zoning
Board of Review for issuance of a special use permit. These criteria
are in conformance with the purposes and intent of the West Greenwich
Comprehensive Plan and the West Greenwich Zoning Ordinance. An applicant
shall demonstrate to the satisfaction of the Zoning Board, by presenting
competent legal evidence, that:
(a)Â
The proposed use and/or structure will be compatible with the
neighboring uses and will not adversely affect the surrounding neighbors'
use and enjoyment of their property;
(b)Â
The proposed use and/or structure will be environmentally compatible
with neighboring properties and the protection of property values;
(c)Â
The proposed use and/or structure will be compatible with the
orderly growth and development of the Town of West Greenwich, and
will not be environmentally detrimental therewith;
(d)Â
The best practices and procedures to minimize the possibility
of any adverse effects on neighboring property, the Town of West Greenwich,
and the environment have been considered and will be employed, including,
but not limited to: considerations of soil erosion, water supply protection,
septic disposal, wetland protection, traffic limitation, safety and
circulation;
(e)Â
The proposed use and/or structure will not result in or create
conditions that will be detrimental to the public health, safety,
morals and general welfare of the community; and
(f)Â
The purposes of this chapter, and as set forth in the West Greenwich
Comprehensive Plan, shall be served by said special use permit.
(4)Â
An applicant may apply for, and be issued, a dimensional variance
in conjunction with a special use permit. If the special use could
not exist without the dimensional variance, the Zoning Board of 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
B.Â
Criteria
for the issuance of a special use permit for elderly and/or handicapped
family apartments.
(1)Â
Purpose
and intent. The purpose and intent of this subsection shall be to:
(a)Â
Provide family-assisted housing for an immediate family member(s)
suffering a hardship who requires family support, while maintaining
some degree of independent living.
(b)Â
Allow a family to provide assistance and care to immediate family
members in a cost-effective manner that preserves an independent lifestyle
for the caregiver and the recipient.
(c)Â
Allow for design modifications as part of new construction or
renovation of existing single-family residential dwellings.
(d)Â
Address a legitimate need within the community which deals with
the needs of aging or handicapped family members by allowing a one-bedroom
apartment to be utilized as an integral component of the single-family
dwelling.
(2)Â
Description
and regulation. All elderly and/or handicapped family apartments shall:
(a)Â
Be attached directly to the main single-family dwelling and
be fully accessible from such area.
(b)Â
Have all utilities connected through the main dwelling. Separate
utilities are specifically prohibited.
(c)Â
Have an interior living space consisting of a maximum of 500
square feet or 30% of the total square footage of the main dwelling
(whichever is greater), which may be designed to accommodate an independent
living arrangement. The Zoning Board, at its discretion, shall consider
a waiver of the maximum square footage requirement based on special
conditions as presented by the applicant.
(d)Â
Be considered an integral part of the main dwelling for purposes
of conformance to all zoning regulations.
(e)Â
Maintain the exterior appearance of a single-family dwelling.
(f)Â
Be constructed and located so that the apartment unit can be
converted to standard use as an integral portion of the main dwelling.
Such uses include, but are not limited to, bedrooms, dens, living
and storage areas.
(g)Â
Not be converted to, or used as, a rental apartment unit.
(h)Â
Not overburden the sewage disposal system (ISDS) (OWTS). New
construction shall include the apartment unit in calculating the size
and obtaining approval of an individual sewage disposal system (ISDS)(OWTS).
Renovation of an existing dwelling will be subject to review and may
require supplementary waste disposal provision and/or a change-of-use
application to the Rhode Island Department of Environmental Management
(DEM) ISDS Section.
(3)Â
Application,
hearing, approval and appeal procedures.
(a)Â
An application for a special use permit shall be made jointly
by the property owner(s)/dwelling resident(s) and the individual(s)
who shall occupy an elderly and/or handicapped family apartment. The
application shall state the relationship between the applicants and
evidence of need for the specified living arrangement.
(b)Â
All applications shall be subject to review for conformance
with the purpose and intent of this subsection and with other relevant
provisions of this chapter.
(c)Â
Any change in the occupancy of the main dwelling or the family
apartment unit through demise, sale, vacancy, or change of ownership,
etc. shall cause the apartment unit to be converted to an integral
portion of the main dwelling. Any subsequent similar use as a family
apartment unit shall require a separate application and approval of
a special use permit.[2]
[2]
Editor's Note: Original Subsection (iii)4, regarding restrictions
on family apartments, which immediately followed this subsection,
was repealed 7-11-2018.
(d)Â
The West Greenwich Zoning Board shall hold a public hearing on any application for a special use permit in an expeditious manner, after receipt, in proper form, of an application, and will require notification of the date, time, place, and purpose of the public hearing to interested parties. Public notice shall be given thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation. Notice of hearing shall be sent by first class mail to the applicant, and to all those who would require notice under § 400-16E of this chapter. The notice shall also include the street address of the subject property. The cost of notification shall be borne by the applicant.
C.Â
Criteria
for the issuance of a special use permit for adult entertainment shall
be as follows:
(1)Â
The application for a special use permit pursuant to this subsection
shall provide the names and addresses of the legal owner of the establishment,
the legal owner of the property, and the manager of the proposed establishment.
(2)Â
Location restrictions.
(a)Â
No uses granted under this subsection shall be located within:
[1]Â
One thousand feet from the nearest residential zoning district;
or
[2]Â
One thousand feet from the nearest house of worship, school,
park, playground, play field, youth center, licensed day-care center,
or other location where groups of minors regularly congregate; or
[3]Â
Two thousand feet from the nearest adult entertainment establishment
or sexually oriented business use as defined herein; or
[4]Â
One thousand feet from the nearest establishment serving alcohol.
(b)Â
The distance specified above shall be measured by a straight
line from the nearest property line of the premises on which the proposed
adult entertainment establishment or sexually oriented business use
is to be located to the nearest boundary line of a residential zoning
district or to the nearest property line of any of the other designated
uses set forth above.
(c)Â
In conjunction with dimensional variances an applicant may apply
for, and be issued, a dimensional variance with a special use. If
the special use cannot exist without the dimensional variance, the
Zoning Board of 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.
[Amended 6-18-2018]
(3)Â
All building openings, entries, and windows shall be screened in
such a manner as to prevent visual access to the interior of the establishment
by the public.
(4)Â
No use shall be allowed to display for advertisement or other purposes
any sign, placards, or other like materials to the general public
on the exterior of the building or on the interior where the same
may be seen through glass or other like transparent material any explicit
figures or words concerning specified anatomical areas or sexual activities
as defined herein.
(5)Â
No use permitted under this subsection shall be allowed to disseminate
or offer to disseminate adult matter or paraphernalia to minors or
suffer minors to view displays or linger on the premises. No one under
the age of 18 years shall be permitted on the premises.
(6)Â
No use permitted under this subsection shall be established prior
to submission and approval of a site plan by the Planning Board. The
site plan shall depict all existing and proposed buildings, parking
spaces, driveways, and other uses. The site plan shall show the distances
between the proposed use and the boundary of the nearest residential
zoning district and property line of all other abutting uses.
(7)Â
All uses permitted under this subsection shall comply fully with
all licensing requirements of the Town of West Greenwich, and all
rubbish, box containers, packages, trash, waste, or other debris generated
from the operation of such permitted adult entertainment business
shall be disposed of in a manner which is discreet and invisible to
passersby. Furthermore, such debris shall be stored in a padlocked
container until time of final disposal.
(8)Â
Conditions. The Zoning Board of Review may impose reasonable conditions,
safeguards, and limitations on time or use of the special use permit
granted under this subsection and shall require that any such special
use permit granted herein shall be personal to the applicant, shall
not run with the land, and shall expire upon the sale or transfer
of the subject property.
D.Â
Expiration. A special use permit shall expire one year after the
date of approval by the Board, unless a building permit is obtained;
or a certificate of occupancy is obtained, when a building permit
is not required.
[Added 6-12-2019]
E.Â
One-year extension. If application is made prior to the expiration
of the initial one-year period, the Board may, upon written request
and for cause shown, renew the special use permit for a second one-year
period. Said request for an extension need not be advertised nor noticed.
An advisory opinion from the Planning Board shall not be required.
[Added 6-12-2019]
F.Â
Further extension for cause. Should a building permit not be obtained, or certificate of occupancy for a nonpermit project not be issued within the second one-year period, renewal of the special use permit for a third one-year period may be granted upon written request filed prior to expiration, provided that demonstration of due diligence in proceeding and substantial financial commitment in promoting the subject of the special use permit is made. Notice shall be given in accordance with § 400-11, and a hearing shall be held on the request.
[Added 6-12-2019]
G.Â
Pendency of court actions. None of the above one-year periods shall
run during the pendency of any Superior Court actions seeking to overturn
the grant.
[Added 6-12-2019]
Relief from literal requirements of this chapter because of
hardship may be granted to any person, group, agency or corporation
through the issuance of a variance by the Zoning Board of Review under
the procedures herein. Two types of variances can be considered as
described below: a use variance and a dimensional variance.
A.Â
Variance application. 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 Town Clerk,
and Clerk of the Zoning Board of Review, an application describing
the variance request and supported by plans and data describing the
site and proposed use and documentation in support of the application.
The application shall show the location and dimensions of the property
and the proposed use and any other information required by the application
form and as may be required by the Zoning Board of Review.
B.Â
General standards for granting a variance. In granting either use
or dimensional variances, the Zoning Board of Review shall require
that evidence to the satisfaction of the following standards be entered
into the record of the proceedings:
(1)Â
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 R.I.G.L. § 45-24-30(16);
[Amended 7-11-2018]
(2)Â
That the hardship is not the result of any prior action of the applicant;
and
[Amended 12-13-2023]
(3)Â
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 this chapter
is based.
[Amended 12-13-2023[1]]
[1]
Editor's Note: Former Subsection B(4), regarding granting
relief, which immediately followed, was repealed 12-13-2023.
C.Â
Standards for granting a use variance. The Zoning Board of Review
shall, in addition to the above standards, require that evidence be
entered onto 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 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.
D.Â
Standards for granting a dimensional variance. 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. The Zoning Board of Review has the
power to grant dimensional variances where the use is permitted by
special use permit.
[Amended 7-11-2018; 12-13-2023]
E.Â
Expiration. A variance shall expire one year after the date of approval
by the Board, unless a building permit is obtained or a certificate
of occupancy is obtained when no building permit is required.
[Amended 6-12-2019]
F.Â
One-year extension. If application is made prior to the expiration
of the initial one-year period, the Board may, upon written request
and for cause shown, renew the variance for a second one-year period.
Said request for an extension need not be advertised nor noticed.
An advisory opinion from the Planning Board shall not be required.
[Added 6-12-2019]
G.Â
Further extension for cause. Should a building permit not be obtained or a certificate of occupancy for a nonpermit project not be issued within the second one-year period, the Board may, upon written request filed prior to expiration, renew the variance for a third one-year period, provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance. Notice shall be given in accordance with § 400-11, and a hearing shall be held on the request.
[Added 6-12-2019]
H.Â
Pendency of court actions. None of the above one-year periods shall
run during the pendency of any Superior Court actions seeking to overturn
the grant.
[Added 6-12-2019]
A.Â
The Zoning Board of Review, upon receipt of an application for an
appeal, variance, or special use permit, may request an advisory opinion
from the Planning Board and Conservation Commission, based upon consultation
with any other Town department as necessary, including the Town Planner;
Highway Supervisor; local Fire Chief; Police Chief; and Town Engineer.
The advisory opinions shall report findings and recommendations, including
a statement on the general consistency of the application with the
goals and purposes of the Comprehensive Plan of the Town, in writing,
to the Zoning Board within 30 days of receipt of an application which
has been deemed complete.
B.Â
Within 45 days after the filing of a complete application in proper
form, the Zoning Board shall hold a public hearing on any application
for an appeal, variance or special use permit. Public notice shall
be given thereof, at least 14 days prior to the date of the hearing,
in a newspaper of general circulation in the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.Â
Notice of the date, time, place and purpose of the public hearing
shall be sent by certified mail to the applicant and to all persons
owning real property located within 200 feet of the lot or parcel
which is the subject of the application. If the subject property is
located within 200 feet of the Town line, a notice shall be sent to
the Town Clerk and Planning Board of the neighboring city or town.
In addition, all property owners within 200 feet of the subject property
located in the neighboring community shall be notified, the list of
which is to be certified by the neighboring city/town tax assessor's
office.
D.Â
The notice shall also include the street address of the subject property.
The cost of notification shall be borne by the applicant. This cost
shall be waived for any application submitted on behalf of any Town
agency.
E.Â
Any party may appear at the public hearing in person or be represented
by agent or by attorney.
A.Â
In granting a variance or special use permit or in making any determination
upon which it is required to pass after a public hearing under this
chapter, 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 this chapter.
B.Â
Failure to abide by any special conditions shall constitute a zoning
violation.
C.Â
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:
(1)Â
Minimizing adverse impacts of the development upon other land, including
the type, intensity, design, and performance of activities;
(2)Â
Controlling the sequence of development, including when it must be
commenced and completed;
(3)Â
Controlling the duration of use or development and the time within
which any temporary structure must be removed;
(4)Â
Assuring satisfactory installation and maintenance of required public
improvements;
(5)Â
Designating the exact location and nature of development; and
(6)Â
Establishing detailed records by submission of drawings, maps, plats,
and/or specifications.
Except for action initiated by the Town Council or a Town agency
or official, all applications for special use permits shall be accompanied
by a filing fee in an amount set from time to time by the Town Council,
payable to the Town of West Greenwich and returnable only in the event
that the application is withdrawn prior to the publication of notification
of the public hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.Â
The Zoning Board of Review shall render a decision on an application
within 15 days following the public hearing.
B.Â
The Zoning Board of Review shall include in its decision all findings
of fact and conditions, showing the vote of each member participating
thereon, and the absence of a member or his or her failure to vote.
Decisions shall be recorded and filed in the office of the Town Clerk
of the Town of West Greenwich within 30 working days from the date
when the decision was rendered, and shall be a public record.
C.Â
The Zoning Board of Review shall keep written minutes of its proceedings,
showing the vote of each member upon each question, or if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations, finding of fact, and other official actions, all of
which shall be recorded and filed in the Town Hall in an expeditious
manner upon completion of the proceeding.
D.Â
Any decision by the Zoning Board of Review, including any special
conditions attached thereto, shall be mailed to the applicant and
to the Zoning Inspector.
Any person or persons jointly or severally aggrieved by any
action of the Zoning Board of Review, or any officer, department or
board of the Town of West Greenwich, may file an appeal with the Superior
Court in the State of Rhode Island, as provided by R.I.G.L. § 45-24-69,
as amended. The appeal shall set forth that such decision is illegal
in whole or in part, and specify the grounds of the illegality. Such
appeal shall be filed with the court within 20 days after the decision
has been recorded and posted in the office of the Town Clerk.
A.Â
Changes in text or boundaries.
(1)Â
This chapter may be amended by the Town Council on its own initiative
or by application of any person, group of persons, corporation or
agency. All applications for amendment shall be filed at the office
of the Town Clerk and shall be accompanied by a complete description
of the proposed amendment and portion of the chapter proposed for
amendment.
(2)Â
Where the application is for a change in the boundary of a zoning
district, the application shall be accompanied by an accurately drawn
map showing the following:
(a)Â
The boundaries of the property proposed for change, with appropriate
plat, lot and street numbers, and the dimensions and area of the proposed
change.
(b)Â
All properties within 200 feet from the perimeter of the property
proposed for change, including those outside of municipal and state
boundaries, together with plat and lot numbers and the names and mailing
addresses of the owners of record of all said properties.
(c)Â
The present zoning district boundaries in the area, as determined
by the Official Zoning Map.
B.Â
Fees. Except for action initiated by the Town Council or a Town agency
or official, all applications for amendment shall be accompanied by
a filing fee in an amount set from time to time by the Town Council,
payable to the Town of West Greenwich and returnable only in the event
that the application is withdrawn prior to the publication of notification
of the public hearing.
C.Â
Procedure for amendment. The West Greenwich Town Clerk shall receive
all proposals for the amendment or repeal of the West Greenwich Zoning
Ordinance and/or Zoning Map. Immediately upon receipt of the proposal,
the Town Clerk shall refer the proposal to the Town Council, and to
the West Greenwich Planning Board for study and recommendation. The
Planning Board shall, in turn, notify and seek the advice of the Town
Planner and shall report to the Town Council within 45 days after
receipt of the proposal, unless extended for good cause, giving its
findings and recommendations as prescribed in R.I.G.L. § 45-24-52.
Where a proposal for the amendment or repeal of this chapter or the
Zoning Map is made by the West Greenwich Planning Board, the requirements
for study by the Board may be waived, provided that the proposal by
the Planning Board includes its findings and recommendations pursuant
to R.I.G.L. § 45-25-52. The West Greenwich Town Council
shall hold a public hearing within 65 days of receipt of a proposal,
after giving proper notice as prescribed by this chapter. The Town
Council shall render a decision on any proposal within 45 days after
the date of completion of the public hearing. The provisions of this
section pertaining to deadlines shall not be construed to apply to
any extension consented to by an applicant.
D.Â
Review by Planning Board or Commission. Among its findings and recommendations
to the Town Council with respect to a proposal for amendment or repeal
of this chapter or the Zoning Map, the Planning Board or Commission
shall:
(1)Â
Include a statement on the general consistency of the proposal with
the Comprehensive Plan of the Town of West Greenwich, including the
goals and policies statement, the implementation program, and all
other applicable elements of the Comprehensive Plan; and
(2)Â
Include a demonstration of recognition and consideration of each
of the applicable purposes of this chapter.
E.Â
Notice and hearing requirements.
(1)Â
The West Greenwich Zoning Ordinance shall not be amended or repealed until after a public hearing has been held upon the question before the West Greenwich Town Council. The Town Council shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the Town at least once per week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance. Written notice, which may be a copy of the newspaper notice, shall be mailed to the statewide planning program, and, where applicable, to the parties specified in Subsection E(2), (3), (4), and (5) of this section, at least two weeks prior to the hearing. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)Â
Specify the place of the hearing and the date and time of its
commencement;
(b)Â
Indicate that the amendment or repeal of a zoning ordinance
is under consideration;
(c)Â
Contain a statement of the proposed amendment(s) to the ordinance
that may be printed once in its entirety, or summarize and describe
the matter under consideration as long as the intent and effect of
the proposed regulation is expressly written in that notice;
(d)Â
Advise those interested where and when a copy of the matter
under consideration may be obtained or examined and copied; and
(e)Â
State that the proposals shown thereon may be altered or amended
prior to the close of the public hearing without further advertising,
as a result of further study or because of the views expressed at
the public hearing. Any alteration or amendment must be presented
for comment in the course of the hearing.
(2)Â
Where a proposed general amendment to an existing zoning ordinance includes changes in an existing Zoning Map(s), public notice shall be given as required by Subsection E(1) of this section.
(3)Â
Where a proposed amendment to an existing ordinance includes a specific change in a Zoning District Map, but does not affect districts generally, public notice shall be given as required by Subsection E(1) of this section, with the additional requirements that:
(a)Â
Notice shall include a map showing the existing and proposed
boundaries, zoning district boundaries, and existing streets and roads
and their names, and city and Town boundaries where appropriate; and
(b)Â
Written notice of the date, time, and place of the public hearing
and the nature and purpose thereof shall be sent to all owners of
real property whose property is located in or within not less than
200 feet of the perimeter of the area proposed for change, whether
within the Town or within an adjacent city or town. Notice shall also
be sent to any individual or entity holding a recorded conservation
or preservation restriction on the property that is the subject of
the amendment. The notice shall be sent by registered, certified or
first-class mail to the last known address of the owners, as shown
on the current real estate tax assessment records of the city or town
in which the property is located; provided that for any notice sent
by first class mail, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)Â
Notice of a public hearing shall be sent by first class mail to the
city or Town council of any city or Town to which one or more of the
following pertain:
(a)Â
Which is located in or within not less than 200 feet of the
boundary of the area proposed for change; or
(b)Â
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 any real property that is the subject
of a proposed zoning change, regardless of municipal boundaries.
(5)Â
Notice of a public hearing shall be sent to 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 any
real property which is the subject of a proposed zoning change; provided,
however, that the governing body of any state or municipal water department
or agency, special water district, or private water company has filed
with the Building Official in the city or Town a map survey, which
shall be kept as a public record, showing areas of surface water resources
and/or watersheds and parcels of land within 2,000 feet thereof.
(6)Â
No defect in the form of any notice under this section shall render
any ordinance or amendment invalid, unless the defect is found to
be intentional or misleading.
(7)Â
Costs of any notice required under this section shall be borne by
the applicant.
(8)Â
Imposition of limitations and conditions.
(a)Â
In granting a zoning ordinance amendment, notwithstanding the provisions
of R.I.G.L. § 45-24-37, the Town Council may limit the change
to one of the permitted uses in the zone which the subject land is
rezoned, and impose such limitations, conditions, and restrictions
as it deems necessary, including, without limitation:
[1]Â
Requiring the petitioner to obtain a permit or approval for
any and all state or local governmental agencies or instrumentalities
having jurisdiction over the land and use which are the subject of
the zoning change;
[2]Â
Those relating to the effectiveness or continued effectiveness
of the zoning change; and/or
[3]Â
Those relating to the use of the land.
(b)Â
The Town Council shall cause the limitations and conditions
so imposed to be clearly noted on the West Greenwich Zoning Map and
recorded in the land evidence records; provided, however, in the case
of a conditional zone change, the limitations, restrictions, and conditions
shall not be noted on the Zoning Map until the zone change has become
effective. If the permitted use for which the land has been rezoned
is abandoned or if the land is not used for the requested purpose
for a period of two years or more after the zone change becomes effective,
the Town Council may, after a public hearing as hereinbefore set forth,
change the land to its original zoning use before the petition was
filed. If any limitation, condition, or restriction in an ordinance
is held to be invalid by a court in any action, that holding shall
not cause the remainder of the ordinance to be invalid.
(9)Â
The above requirements are to be construed as minimum requirements.
A.Â
Immediately upon receipt of an application for amendment of this
chapter, a copy of such application shall be forwarded to the West
Greenwich Planning Board for review and an advisory opinion. The Zoning
Board may refer any matter before it to the Planning Board for review
and an advisory opinion. In rendering an opinion, the Planning Board
shall consider whether or not the proposed action is consistent with
the Comprehensive Community Plan of the Town of West Greenwich. The
Planning Board shall transmit its advisory opinion to the Zoning Board
or Town Council in writing, prior to or during the public hearing.
B.Â
The Zoning Board and the Town Council shall consider such advisory
opinion in reaching a decision, but shall not be bound by such opinion.
C.Â
At least once every two years, the Planning Board shall review this
chapter and make a written report to the Town Council recommending
any amendments deemed appropriate in the light of current development
trends and needs.
A.Â
Where the Town Council, in the case of an amendment, or the Zoning
Board, in the case of a special use permit or variance, denies an
application or grants the applicant leave to withdraw the same, the
Town Council or the Zoning Board may not consider another application
for the same amendment, special use permit or variance for a period
of one year from the day of such denial or withdrawal.
B.Â
The Town Council or the Zoning Board, as the case may be, may accept
such an application subsequent to the one-year waiting period, provided
that the application is accompanied by an affidavit setting forth
facts, to the satisfaction of said Council or Board, showing a substantial
change of circumstances justifying a rehearing.
A.Â
Any person or corporation, whether as principal, agent, employee
or otherwise, who or which violates any of the provisions of this
chapter or any safeguard or condition attached to the granting of
a special use or variance may be fined not more than $500, for each
offense, after receipt of notification from the Building Official
or Town Solicitor. Each day of the existence of a violation shall
be deemed a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.Â
The erection, construction, enlargement, conversion, moving or maintenance
of any building or structure and the use of any land or building which
is continued, operated or maintained contrary to any provisions of
this chapter is hereby declared to be a violation of this chapter
and unlawful.
C.Â
The remedy provided for herein shall be cumulative and not exclusive
and shall be in addition to any other remedies provided by law.
