Variances and special use permits
909.1 - General provisions - Variances.
a. An application for relief from the literal requirements of this zoning ordinance because of hardship may be made by any person, group, agency, or corporation by filing with the zoning enforcement officer or agency, or in the case of unified development review, with the planning department (the "review board"), an application describing the request and supported by any data and evidence as may be required by the review board or by the terms of this ordinance. The zoning enforcement officer or planning department shall immediately transmit each application received to the review board and a copy of each application to the planning department.
b. The review board, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance, may request that the planning staff report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan of the City of Central Falls, in writing, to the review board within 30 days of receipt of the application from that board. The review board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice at least 14 days prior to the date of the hearing in a newspaper of local circulation in the city or town. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under G.L. 1956, § 45-24-53. The notice shall also include the street address of the subject property. The same notice shall be posted in the city clerk's office and one other municipal building in the city and the city must make the notice accessible on its website at least 14 days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of notification shall be borne by the applicant.
c. Requests for dimensional and use variances and special use permits submitted under a unified development review provision of this zoning ordinance shall be submitted as part of the subdivision or land-development application to the administrative officer of the planning board, pursuant to G.L. 1956, § 45-24-46.4(a). All subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing, which shall meet the requirements G.L. 1956, § 45-23-50.1(c).
d. In granting a variance, the zoning board of review, or the planning board under unified development review as appropriate, shall require that evidence to the satisfaction of the following standards is entered into the record of the proceedings:
(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 G.L. 1956, § 45-24-30(a)(16);
(2) That the hardship is not the result of any prior action of the applicant; and
(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.
e. The zoning board of review, or, where unified development review is enabled, the planning board shall, in addition to the above standards, require that evidence is entered into the record of the proceedings that:
(1) In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and
(2) In granting 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, meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted is not grounds for relief. The zoning board of review, or, [planning board] in unified development review, has the power to grant dimensional variances where the use is permitted by special-use permit.
909.2 - Special use permit. In granting a special use permit, the board shall require that evidence to the satisfaction of the specific and objective criteria as hereinbefore provided in this ordinance as well as the following:
(1) That the special use is specifically authorized by sections 305 and 514 of this ordinance, and setting forth the exact subsection of this ordinance containing the jurisdictional authorization;
(2) That the special use meets all of the criteria set forth in the subsection of this ordinance authorizing such special use; and
909.3 - Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after public hearing under this ordinance, the board may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan of the city and this ordinance. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:
(1) Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;
(2) Controlling the sequence of development, including when it must be commenced and completed;
(3) Controlling the duration of use or development and the time within [which] any temporary structure must be removed;
(4) Assuring satisfactory installation and maintenance of required public improvements;
(5) Designating the exact location and nature of development; and
(6) Establishing detailed records by submission of drawings, maps, plats, or specifications.
State Law reference— Variances, G.L. 1956, § 45-24-41 et seq.