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Town of Coventry
Town of Coventry Zoning Ordinance
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§ 255-470

Variances.

§ 255-470. Variances.

  • A. An application for relief from the literal requirements of this chapter because of hardship may be made by any person by filing with the Zoning Enforcement Officer an application in accordance with Code § 255-4110. The ZEO shall immediately transmit each application received to the Board and shall transmit a copy of each application to the Planning Commission.

  • B. In granting a variance, the Board, or, when unified development review is triggered pursuant to R.I. Gen. Laws § 45-24-46.4, the Planning Commission, 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 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 this chapter or the Coventry Comprehensive Plan.

  • C. The Board, or, where unified development review is enabled pursuant to R.I. Gen. Laws § 45-24-46.4, the Planning Commission, shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing 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 this chapter. 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 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.