Rhode Island Superior Court Affirms Issuance of Zoning Variances for Shipyard Expansion

The unique and evolving needs of a robust industrial economy may lead to disputes over land use between neighboring property owners. Rhode Island zoning laws, and their application by state administrative and judicial bodies, are designed to fairly and effectively balance these competing interests to support local economies while preserving property owners’ rights to the enjoyment and use of their property. The Rhode Island Superior court recently affirmed a local zoning board’s decision to permit the expansion of a building within a shipyard and enable the owners to more efficiently construct large vessels needed to service offshore wind farms.

The defendants in the recently decided case include a shipyard owner, as well as the members of the local zoning board of the town of Warren, Rhode Island. According to the facts discussed in the court’s written ruling, the shipyard owner had applied to the town zoning board for a dimensional use variance, which would permit the shipyard to expand an existing building to increase the yard’s ability to fulfill new contracts for large industrial vessels. The town zoning board held public hearings on the shipyard owner’s request, where a neighboring property owner objected to the proposal. The neighboring property owner argued that the expansion was unnecessary, and would lead to increased traffic and noise around their own property.

The town council unanimously approved the shipyard owner’s application, finding that the requested permits were necessary for the owner’s business and that the objecting property owner’s contentions lacked merit. The adjacent property owner appealed the administrative ruling to the Superior Court, arguing that the zoning board’s decision was not made in accordance with the law. On appeal, the court described the factors that are used to justify the type of variance requested by the shipyard owner and found that the factors were properly considered by the zoning board. Based on the ruling by the Superior Court, the proposed building expansion will be allowed to proceed.

This case highlights the challenges property owners face when navigating Rhode Island’s complex zoning laws and why it is important to seek the advice of an experienced real estate lawyer prior to getting too far into the planning stage of any project.

Do You Have Questions About Constructing or Expanding an Existing Structure?

If you are considering building a new structure or expanding on an existing one, you may face hurdles in the form of zoning ordinances. Zoning ordinances are not absolute, and municipal zoning boards often grant variances and special use permits for non-compliant structures if the proper procedures are followed. If you are seeking help approaching a zoning board with a variance request, the experienced Rhode Island real estate attorneys with Bilodeau Capalbo, LLP know how to help. We have successfully obtained permits for clients across the state for structures that would otherwise be forbidden. It’s important to have permission before constructing a noncompliant structure, and we can help you obtain this permission. If you have questions about a Rhode Island property law issue, we’re here to help. Call us at 401-300-4055 for a free consultation.