§ 11-43-114. Decision-making regulations and standards - Conditions of approval.

A.  If a municipal zoning ordinance authorizes the consideration and approval of a specific use permit pursuant to the provisions of this act, the regulations and standards upon which those decisions are made shall be specified in the ordinance.  The standards shall be consistent with, and promote the intent and purpose of the comprehensive plan and/or ordinances, and promote the land use or activity so as to be compatible with adjacent uses of land, the natural environment, and the planned capacities of public services and facilities affected by the land use.  The standards shall also ensure that the land use or activity is consistent with the public health, safety, and welfare of the municipality.

B.  Reasonable conditions may be required in conjunction with the approval of a specific use permit.  Conditions imposed shall meet the following requirements:

1.  Be designed to take into consideration natural environment, the health, safety, and welfare of the residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;

2.  Be related to the valid exercise of the police power, and to the proposed use or activity;

3.  Be necessary to meet the intent and purpose of the zoning requirements;

4.  Be related to the standards established in the ordinance for the land use or activity under consideration; and

5.  Be necessary to ensure compliance with those standards.

C.  The conditions imposed with respect to the approval of a specific use permit shall be stated in the record of the approval actions, and shall not be changed or amended except as authorized by the zoning ordinance with notice as specified thereby.  The approving body shall maintain a record of conditions which are changed.

Added by Laws 2003, c 18, § 2, eff. Nov. 1, 2003.