§ 45-24-46.4. Special provisions — Unified development review.
(a) A zoning ordinance shall provide that review and decision on variances and/or special-use permits for properties undergoing review which qualifies for unified development review by the authorized permitting authority, be conducted and decided by the authorized permitting authority. This process is to be known as unified development review.
(b) The local ordinance and regulation shall provide for the application and review process pursuant to § 45-23-50.1.
(c) A zoning ordinance that provides for unified development review shall:
(1) Empower the authorized permitting authority to grant, grant with conditions, or deny zoning relief; and
(2) Provide that any person, group, agency, or corporation that files an application for a project under this section shall also file specific requests for relief from the literal requirements of a zoning ordinance on the subject property, pursuant to § 45-24-41, and/or for the issuance of special-use permits for the subject property, pursuant to § 45-24-42, by including such within the application to the administrative officer with the other required application materials, pursuant to § 45-23-50.1(b).
(d) [Deleted by P.L. 2023, ch. 308, § 2 and P.L. 2023, ch. 309, § 2.]
(e) All land development and subdivision 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 § 45-23-50.1.
(f) In granting requests for dimensional and use variances, the authorized permitting authority shall be bound to the requirements of § 45-24-41 relative to entering evidence into the record in satisfaction of the applicable standards.
(g) In reviewing requests for special-use permits, the authorized permitting authority 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 pursuant to § 45-24-42, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to § 45-24-42.
(h) An appeal from any decision made pursuant to this section may be taken pursuant to § 45-23-71.
History of Section.
P.L. 2016, ch. 527, § 5; P.L. 2023, ch. 308, § 2, effective January 1, 2024; P.L.
2023, ch. 309, § 2, effective January 1, 2024; P.L. 2024, ch. 292, § 2, effective
June 25, 2024; P.L. 2024, ch. 293, § 2, effective June 25, 2024.