§ 401. General Criteria for Special Use Permits  


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  • A. Criteria for Approval. No Special Use Permit shall be issued unless the Zoning Board of Review finds that each of the following standards for approval has been met, provided however, that approval may be granted if the Zoning Board of Review, in applying these standards, determines that the adverse effect of the proposed use is outweighed by a countervailing public benefit.

    1. The proposed use or structure is appropriate for the specific site and is compatible with adjacent buildings in form, placement and design. The design and layout of buildings and other proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity. The scale, height, bulk and proportions of the proposed buildings, their design, including roof style, facade openings, architectural style and detailing and building materials, shall be visually and dimensionally compatible with the surrounding area.

    2. The proposed use as developed will not adversely affect the established physical and visual pattern of land use and will not have negative effects on Island and neighborhood character. The landscape shall be developed in such a manner as to be in keeping with the character of the surrounding neighborhoods and in accordance with good development practice by minimizing vegetation and soil removal, retaining existing vegetation where desirable, and keeping any grade changes in character with the general appearance of neighboring areas. If a site includes a ridge or ridges above the surrounding areas and provides scenic vistas for surrounding areas, special attempts shall be made to preserve the natural environment of the skyline of the ridge.

    3. The proposed use or structure will not cause a nuisance or serious hazard to pedestrians or landward and seaward vehicles and their users.

    4. Adequate and appropriate infrastructure facilities, including but not limited to sewage disposal and drainage, will be provided to assure the proper operation of the proposed use or structure.

    5. There will not be significant negative impact on important natural resources, including but not limited to habitats or species listed as endangered, threatened or of special concern to the Rhode Island Natural Heritage Program, or on historic or archeological resources identified in the Comprehensive Plan or a document referenced therein.

    6. If involving employment, the use will be supportive of the goals and objectives for economic development in the Economic Development element of the New Shoreham Comprehensive Plan, as most recently amended.

    7. The use is consistent with the purpose of this Zoning Ordinance, the purpose of the zoning district in which the use is proposed, and the goals and objectives of New Shoreham's Comprehensive Plan, as amended, the Old Harbor Plan, as amended, or any other adopted Town Plan.

    8. To the degree reasonably possible, dependency on individual motor vehicles for access by users shall be reduced through site selection (e.g. relatively central, or proximate to users), development design and facilities (e.g. good pedestrian and bicycle provisions, site arrangement facilitating shuttle buses or other auto alternatives, on-site mixture of uses), and proposed operations (e.g. provision of employee transportation).

    9. The proposed uses and structures will not cause a degradation of the quality of surface or groundwater. (Amended July 7, 1997)

    B. Dimensional Standards. Unless otherwise specified in this Article, the dimensional standards set forth for each zone shall govern.

    C. Additional Conditions. In granting a Special Use Permit, the Zoning Board of Review may impose such additional conditions on the proposed development as it deems necessary to conform to the requirements of this Article and the pertinent performance standards set forth in Article 5, Performance Standards.