Fill - Free fillable Form 1: ZONING BOARD OF REVIEW APPLICATION FOR (City of Providence) PDF form

1

Handwritten applications will not be accepted. However, the City abides by the Americans with Disabilities

Act and will provide assistance to those who are disabled thereunder.

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ZONING BOARD OF REVIEW

444 Westminster Street, 1st Floor

Providence, Rhode Island 02903

(401) 680-5376 or (401) 680-5375

APPLICATION FOR VARIANCE AND/OR SPECIAL USE PERMIT

INSTRUCTIONS

• Submit two typewritten applications.

1

• A

pplications must be signed by the Applicant and the Owner. An applicant must be a person with a financial

interest in the property, not

the architect, engineer, draftsperson, contractor, or attorney. Examples include a

current or potential tenant or purchaser.

• A

ll applicants for a variance must also complete Appendix A to the application.

• A

ll applicants for a special use permit must also complete Appendix B to the application.

• AP

PLICATIONS MUST BE COMPLETE AND ACCURATE. BEFORE YOU MAKE THE REQUIRED COPIES,

SUBMIT YOUR ORIGINAL APPLICATION AND ATTACHMENTS (SEE BELOW) TO THE SECRETARY OF

THE BOARD FOR PRELIMINARY REVIEW. Review of Applications is by APPOINTMENT ONLY. Note that

the Board and staff accept no responsibility for correcting or completing any application. Nor is the staff permitted

to provide specific advice or recommendations regarding any particular application. However, staff may be able

point out deficiencies before the finalized application is submitted, and to assist in explaining the application

process, requirements, and general content requirements.

• I

f your proposal requires review by another board or commission, you must obtain the board or commission’s

review before submitting an application for a zoning variance or special use permit. See Providence Zoning

Ordinance Section 1800D; See also R.I. Gen.Laws § 45-23-61(regarding submission of proposed subdivisions to

City Plan Commission).

• L

egal counsel and professional representatives

T

here is no requirement that applicants be represented by legal counsel either during the application process or when

appearing before the Board. While the Zoning Board does not recommend either for or against the hiring of legal

counsel, the Board does caution all applicants that zoning law can be complex. Applicants may choose to have an

architect, draftsperson, traffic engineer, zoning, or real estate expert testify at the hearing before the Board.

However, the applicant must still appear at the hearing and offer the presentation/testimony of the witness.

Z

oning Board members and staff are not permitted to make referrals or recommendations regarding legal or other

professionals.

• Z

oning Board approval of an application does not automatically indicate that you will receive a building permit. To

shorten the length of the process, it is strongly recommended that you initiate the building permit review process by

submitting your construction plans to the DIS when you submit your application for a variance or special use permit.

Your plans should detail exactly

what you intend to do.

• Z

oning Board approval does not

address issues such as leaching systems/sewers, flood plain, fire safety, DEM

Wetlands and/or Coastal Resources Management Commission requirements.

Page 2 of 11

CHECKLIST OF SUPPORTING DOCUMENTATION REQUIRED FOR APPLICATION

The following documents must be provided WITH your application. An application will not be considered

“complete” until all documents and the filing fee are submitted.

____ Most current deed on file in the office of the Recorder of Deeds

____ Three (3) complete sets of plans (scaled architectural drawings of the proposed building(s) or

alteration(s); site plans; parking plans, landscaping plans, etc.).

____ For all proposals that will provide more than four (4) parking spaces, three (3) sets of on-site parking

plans showing parking spaces, proposed landscaping and curb cut(s).

____ For all proposals for signs/signage: three (3) colored and scaled representations of the proposed

signage, including a drawing representing scaled size in relationship to the appurtenant structure(s).

____ Ten (10) 200’ radius plans drawn to a scale of 1”= 50’ from all corners of the lot or lots in question.

Show all lot numbers, owners’ names, street numbers and buildings (if any) on each lot within the

radius, present use (example: parking lot, vacant lot, gas station, number of families, etc.) zone

boundaries (including overlay districts), tax assessor’s plat boundaries and indicate new construction

and additions. If the 200’ radius line intersects or is close to any lot(s) such lot(s) must be included

fully within the radius. (see attached sample)

____ Two (2) copies of a list containing the following information, consistent with the latest data available

in the office of the Providence Tax Assessor:

a. Each plat and lot number that appears within the 200 foot radius plan

b. The corresponding names and MAILING addresses, including zip codes, of all property owners of

each plat and lot number listed

____ Two (2) sets of mailing labels with names and full mailing addresses of each property owner within the

200 foot radius

____ Four (4) photographs of the Property taken from different angles, taken within seven (7) calendar

days of the filing of the complete application. If there are any changes to the Property between the

filing of the application and the date of the hearing, the applicant must submit at the hearing

photographs reflecting any such changes.

All plans must be signed by the author and must contain the author’s full name, address and

telephone number.

Page 3 of 11

APPLICATION FEES

The application fee consists of an advertising fee and a processing fee, and is provided for by Ordinance.

A. Advertising Fee for each application: $115.00

If the application must be re-advertised (e.g. due to a continuance of

the hearing, amendment or modification of an application), the applicant

must pay an additional advertisement fee.

B. Processing fees for each application:

One Family Dwelling $175.00

Two Family Dwelling $345.00

Three Family Dwelling $430.00

Multi-family Dwelling

For first four units $520.00

For each additional unit over four $ 80.00

Institutional, Governmental, Cultural, Entertainment, $870.00

Recreational, General Trade, Transportation, Communications,

Utilities and Manufacturing uses

Where there are mixed use codes, the higher fee shall govern.

In no case shall the sum of the advertisement fee and the processing fee exceed two thousand six hundred

($2,600.00) dollars.

MAKE CHECK PAYABLE TO: PROVIDENCE CITY COLLECTOR.

Page 4 of 11

CITY OF PROVIDENCE

ZONING BOARD OF REVIEW

APPLICATION FOR VARIANCE OR SPECIAL USE PERMIT

Check Each Type Zoning Relief Sought: ___ Variance – Use *

___ Variance – Dimensional*

___ Special Use Permit **

* Attach Appendix A to apply for a Use or Dimensional Variances

**Attach Appendix B to apply for a Special Use Permit

Applicant: ___________________________ Address _______________________________

Zip Code ________

E-mail _________________________

Phone _________________________ _______________________________

Home/Office Mobile (Cell)

Owner: ___________________________ Address _______________________________

Zip Code ________

E-mail _________________________

Phone _________________________ _______________________________

Home/Office Mobile (Cell)

Lessee: ___________________________ Address _______________________________

Zip Code ________

E-mail _________________________

Phone: _________________________ _______________________________

Home/Office Mobile (Cell)

Does the proposal require review by any of the following (check each):

_____ Downtown Design Review Committee

_____ I-195 Redevelopment District Commission

_____ Capital Center Commission

_____ Historic District Commission

1. Location of Property: __________________________________________________________

Street Address

2. Zoning District(s): __________________________________________________________

Special purpose or overlay district(s): ______________________________________________

3a. Date owner purchased the Property: _____________________________________________

3b. Month/year of lessee’s occupancy: _____________________________________________

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3. Dimensions of each lot:

Lot # ______ Frontage _________ depth __________ Total area __________sq. ft.

4. Size of each structure located on the Property:

Principal Structure: Total gross square footage __________________________

Footprint ____________ Height ______ Floors _____________

Accessory Structure: Total gross square footage __________________________

Footprint __________ Height ______ Floors _____________

5. Size of proposed structure(s): Total gross square footage: __________________________

Footprint __________ Height ______ Floors _____________

6a. Existing Lot coverage: (include all buildings, decks, etc.) ___________________________

6b. Proposed Lot coverage: (include new construction) _____________________________

7a. Present Use of Property (each lot/structure):

______________________________________________

7b. Legal Use of Property (each lot/structure) as recorded in Dept. of Inspection & Standards:

______________________________________________________________________________

8. Proposed Use of Property (each lot/structure):

_________________________________________________________________________________

9. Number of Current Parking Spaces: _____________________________________________

10. Describe the proposed construction or alterations (each lot/structure):

_________________________________________________________________________________

11. Are there outstanding violations concerning the Property under any of the following:

____ Zoning Ordinance

____ RI State Building Code

____ Providence Housing Code

12. List all Sections of the Zoning Ordinance from which relief is sought and description of each

section:

__________ ________________________________________________________________

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13. Explain the changes proposed for the Property.

_________________________________________________________________________________

The undersigned acknowledge(s) and agree(s) that members of the Zoning Board of Review and its staff

may enter upon the exterior of the Property in order to view the Property prior to any hearing on the

application.

The undersigned further acknowledge(s) that the statements herein and in any attachments or appendices

are true and accurate, and that providing a false statement in this application may be subject to criminal

and/or civil penalties as provided by law, including prosecution under the State and Municipal False

Claims Acts. Owner(s)/Applicant(s) are jointly responsible with their attorneys for any false statements.

Owner(s): Applicant(s):

____________________________________ ___________________________________

Type Name Type Name

____________________________________ ___________________________________

Signature Signature

____________________________________ ___________________________________

Type Name Type Name

____________________________________ ___________________________________

Signature Signature

All requirements listed and described in the Instruction Sheet must be met or this application will

not be considered complete.

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Page 7 of 11

APPENDIX A

APPLICATION FOR VARIANCE(S)

Rhode Island General Laws § 45-24-41(c) requires that the Applicant for a variance demonstrate:

(1) 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 § 45-24-30(16);

(2) That the hardship is not the result of any prior action of the applicant and does not result primarily

from the desire of the applicant to realize greater financial gain;

(3) That the granting of the requested variance will not alter the general character of the surrounding

area or impair the intent or purpose of the zoning ordinance or the comprehensive plan upon

which the ordinance is based;

(4) That the relief to be granted is the least relief necessary; and

(5) (a) For a use variance: That the land or structure cannot yield any beneficial use if it is required

to conform to the provisions of the zoning ordinance;

(b) For a dimensional variance, that the hardship suffered by the owner of the subject property if

the dimensional variance is not granted amounts to more than a mere inconvenience.

Please provide the following information:

1. What is the specific hardship from which the applicant seeks relief?

_________________________________________________________________________________

2. Specify any and all unique characteristics of the land or structure that cause the hardship?

_________________________________________________________________________________

3. (a) Is the hardship caused by an economic disability? Yes ____ No_____

(b) Is the hardship caused by a physical disability? Yes ____ No _____

(c) If the response to subsection (b) is “yes,” is the physical disability covered by the Americans

with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.?

Yes _____ No _____

4. Did the owner/applicant take any prior action with respect to the Property that resulted in the

need for the variance requested? (Examples include, but are not limited to, any changes the

owner/applicant made to the structure(s), lot lines, or land, or changes in use of the Property)?

Yes _____ No ______

If “yes,” describe any and all such prior action(s), and state the month/year taken.

_________________________________________________________________________________

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5. State any and all facts to support your position that the applicant is not seeking the variance(s)

primarily in order to obtain greater financial gain.

_________________________________________________________________________________

6. State any and all facts that support your position that you are seeking the least relief necessary

to lessen or eliminate the hardship (for example, why there are no viable alternatives to your

proposed plan).

_________________________________________________________________________________

7. If you are seeking a USE VARIANCE, set forth all facts that demonstrate that the Property

cannot have any beneficial use if you are required to use it in a manner allowed in the zoning

district.

_________________________________________________________________________________

________________________________________________________________________________

8. If you are seeking a DIMENSIONAL VARIANCE, set forth all facts that indicate that if the

variance is not granted, the hardship the owner/applicant will suffer is more than a mere

inconvenience.

_________________________________________________________________________________

Page 9 of 11

APPENDIX B

APPLICATION(S) FOR SPECIAL USE PERMIT

1. Identify the section(s) of the Ordinance that provides for the special use permit.

______________________________________________________________________________

2. State all facts that demonstrate that the proposed special use will not substantially injure the use

and enjoyment of neighboring property.

______________________________________________________________________________

3. State all facts that demonstrate that the proposed special use will not significantly devalue

neighboring property.

______________________________________________________________________________

4. State all facts that demonstrate that the proposed special use will not be detrimental or injurious to

the health or welfare of the community.

______________________________________________________________________________

_____________________________________________________________________________

IF THE APPLICANT IS AN EDUCATIONAL OR HEALTH CARE INSTITUTION,

COMPLETE PAGES 10 AND 11 BELOW

Page 10 of 11

HEALTH CARE INSTITUTIONS OR EDUCATIONAL FACTILITIES ONLY

5. Date on which you last filed an Institutional Master Plan (“IMP”) with the City:

________________________________________

Date on which the City issued final approval of your most recent IMP:

_______________________________________

6. Specify the manner in which the proposed use conforms with your IMP.

______________________________________________________________________________

______________________________________________________

7.a. Identify all dimensional requirements that apply to the proposed institutional use (you may refer

to sections of the Ordinance).

______________________________________________________________________________

_____________________________________________________________________________

b. Does the proposed use comply with all the dimensional requirements listed above?

_____ Yes ______ No

c. If your answer to subsection b is “no,” state why the special use cannot be established without a

dimensional variance.

______________________________________________________________________________

_____________________________________________________________________________

8. Identify the sections of the Ordinance that govern parking for the proposed use.

______________________________________________________________________________

__________________________________________________________________

Describe the manner in which the institution is providing for parking for the proposed use. (or

attach proposed parking plan).

______________________________________________________________________________

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9. State why the proposed use cannot be located on your existing property within an institutional

district in which the use is permitted.

______________________________________________________________________________

_____________________________________________________________________________

10. State facts to support that the proposed use is in conformance with the objectives of the

Comprehensive Plan. Include references to the specific objectives of the Plan.

______________________________________________________________________________

_____________________________________________________________________________

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