Development Plan Review
§ 704 Development Plan Review
[Amended July 7, 1997; July 2, 2007; October 6, 2008; July 6, 2009; Section amended in entirety April 6, 2015 by Ord. No. 2015-03; 2-21-2024 by Ord. No. 2024-06]
A. Development plan review established. There shall be development plan review for uses that are permitted by right under the zoning ordinance.
B. Permitting authority. The permitting authority for Administrative Development Plan Review is the Administrative Officer. The permitting authority for Formal Development Plan Review is the Planning Board.
C. Development Plan Review projects shall be consistent with those standards set forth in the Land Development and Subdivision Regulations.
D. Waivers.
1. The authorized permitting authority may waive requirements for Development Plan Review approval where there is a change in use or occupancy and no extensive construction of improvements is sought. The waiver may be granted only by a decision by the permitting authority finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of development plan approval, and that the existing facilities do not require upgraded or additional site improvements. The application for a waiver of development plan approval review shall include documentation, as required by the permitting authority, on prior use of the site, the proposed use, and its impact.
2. The authorized permitting authority may grant waivers of design standards as set forth in the Land Development and Subdivision Regulations and this ordinance.
3. An applicant shall not be required to obtain both land development and Development Plan Review, for the same project.
4. Applications under this chapter which require relief which qualifies only as a modification under § 45-24-46 and local ordinances shall proceed by filing an application under this chapter and a request for a modification to the Zoning Official. If such modification is granted the application shall then proceed to be reviewed by the Administrative Officer pursuant to the applicable requirements of this section. If the modification is denied or an objection is received as set forth in § 45-24-46, such application shall proceed under Unified Development Plan Review pursuant to § 45-23-50.1.
5. Applications under this section which require relief from the literal provisions of the zoning ordinance in the form of a variance or special use permit, shall be reviewed by the Planning Board under Unified Development Plan Review pursuant to § 45-23-50.1, and a request for review shall accompany the Preliminary Plan Application.
6. Requests for relief from the literal requirements of the zoning ordinance and/or for the issuance of special use permits or use variances related to projects qualifying for Development Plan Review shall be submitted and reviewed under unified development review pursuant to § 45-23-50.1.
7. Approval of Development Plan Review shall expire two (2) years from the date of approval unless, within that period, a plat or plan, in conformity with approval, and as defined in this act, is submitted for signature and recording as specified in § 45-23-64.
E. Appeal. A denial of a Development Plan Review application shall be an appealable decision pursuant to R.I.G.L § 45-23-71.