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Charlestown
Town of Charlestown Zoning Ordinance
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§ 218-24

Variances.

§ 218-24. Variances. [Amended 2-12-2024 by Ord. No. 409] Relief from the literal requirements of this Ordinance because of hardship may be made by any person, group, agency or corporation by filing an application with the Building Official.

  • A. The Board shall hold a public hearing on any complete application for variance within forty-five days after receipt. Public notice shall be given at least fourteen (14) days before the date of the hearing in a newspaper of local circulation in the Town. Notice of such hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under R.I. Gen. Laws § 45-24-53. The notice shall include the street address of the subject property, the address of the applicant and/or property owner and the phone number. A supplemental notice shall be posted as to be clearly visible from a public right-of-way at the location in question. This supplemental posting is for information purposes only and does not constitute the required notice of a public hearing. The same notice shall be posted in the town clerk's office and one other municipal building in the Town and the Town must make the notice accessible on the home page of the Town’s website at least fourteen (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 newspaper and mailing notification shall be borne by the applicant.

  • B. In granting a variance or under unified development review pursuant to § 45-24-46.4, the Planning Commission, the Board shall require that evidence to the satisfaction of the following standards be 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;

    • (2) That said 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 this Ordinance;

  • C. The Board, or under unified development review pursuant to § 45-24-46.4, the Planning Commission, shall, besides the above standards, require that evidence be entered into the record of the proceedings showing that:

    • (1) In granting a use variance, that the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this 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.

    • (2) In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, meaning that the 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 shall not be grounds for relief. The zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4, the Planning Commission has the power to grant dimensional variances where the use is permitted by special-use permit.

  • D. A variance from the provisions of this ordinance shall expire twelve months from the date of approval unless the applicant receives a building permit, commences construction and works diligently to complete the project. If application is made prior to the expiration of the initial one-year period, the Board may, upon written request and for cause shown, renew the variance for a second one-year period. Said request for an extension shall be advertised and noticed. Where a state or federal permit is required, the twelve month time period shall commence upon the issuance of the state or federal approval provided that the applicant has filed a copy of the state or federal application with the Building Inspector, actively pursues obtaining the approval and files the final approval with the Building Inspector as part of his building permit application.