§ 45-24-42 - General provisions – Special-use permits.
SECTION 45-24-42
§ 45-24-42 General provisions –Special-use permits. – (a) A zoning ordinance shall provide for the issuance of special-use permitsapproved by the zoning board of review.
(b) The ordinance shall:
(1) Specify the uses requiring special-use permits in eachdistrict;
(2) Describe the conditions and procedures under whichspecial-use permits, of each or the various categories of special-use permitsestablished in the zoning ordinance, may be issued;
(3) Establish criteria for the issuance of each category ofspecial-use permit, that shall be in conformance with the purposes and intentof the comprehensive plan and the zoning ordinance of the city or town;
(4) Provide for public hearings and notification of the date,time, place, and purpose of those hearings to interested parties. Public noticeshall be given at least fourteen (14) days prior to the date of the hearing ina newspaper of general circulation in the city or town. Notice of hearing shallbe sent by first class mail to the applicant, and to all those who wouldrequire notice under § 45-24-53. The notice shall also include the streetaddress of the subject property. A zoning ordinance may require that asupplemental notice, that an application for a special use permit is underconsideration, be posted at the location in question. The posting is forinformation purposes only and does not constitute required notice of a publichearing. The cost of notification shall be borne by the applicant;
(5) Provide for the recording of findings of fact and writtendecisions; and
(6) Provide that appeals may be taken pursuant to §45-24-70.
(c) The ordinance additionally may provide that an applicantmay apply for, and be issued, a dimensional variance in conjunction with aspecial use. If the special use could not exist without the dimensionalvariance, the zoning board of review shall consider the special use permit andthe dimensional variance together to determine if granting the special use isappropriate based on both the special use criteria and the dimensional varianceevidentiary standards.