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City of Cranston
City of Cranston Zoning Ordinance
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§ 17.92.010

Variances

  • A. An application for relief from the literal requirements of a zoning ordinance because of hardship may be made by any person, group, agency or corporation by filing with the zoning enforcement officer or agency an application describing the request and supported by such data and evidence as may be required by the zoning board of review or by the terms of the ordinance. The zoning enforcement officer or agency shall immediately transmit each application received to the zoning board of review and shall transmit a copy of each application to the planning commission for their review and recommendation.
  • B. Applications for dimensional or use variances for properties undergoing review by the city plan commission as a land development or subdivision project pursuant to Chapter 17.86 shall be made through Unified Development Review process.
  • C. In granting a variance, the zoning board of review 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 the zoning ordinance codified in this title or the comprehensive plan upon which the ordinance is based.
  • D. The zoning board of review 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 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 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, which shall mean that the relief sought is minimal to the reasonable enjoyment of the permitted use to which the proposed property is devoted. The fact that a use may be more valuable after the relief is granted shall not be grounds for relief. The zoning board of review, or the city plan commission under unified development review pursuant to RIGL §§ 45-24-46.4 and 45-23-50.1, shall have the power to grant dimensional variances where the use is permitted by special-use permit.
  • E. In granting a variance relating exclusively to the construction of wireless service towers on sites located in historic districts, the zoning board of review shall consider all of the following criteria in addition to the other applicable criteria set forth in Sections 17.24.010 through 17.84.130.
    • 1. Evidence of the lack of space on suitable existing towers, buildings or other structures to co-locate the proposed antenna, cells, micro cells and the lack of space on existing tower sites to construct a tower for the proposed antenna within the service area;
    • 2. Whether the wireless service provider will be unable to provide wireless services without the tower site;
    • 3. Whether the application represents a request for multiple use of a tower or site or use on a site contiguous to an existing tower site;
    • 4. Whether the application contains a report that other potential uses of the site and tower have been contacted, and they have been contacted and they have no current plans, to the best of their ability to determine, that could be fulfilled by joint use;
    • 5. Whether the application shows how the tower or site will be designated or laid out to accommodate future multiple users. Specific design features evaluated shall include but not be limited to height, wind loading and coaxial cable capacity.
    • 6. Whether the proposed tower is to be located in an area where it would be unobtrusive and would not substantially detract from aesthetic or neighborhood character or property values, due either to location, shape of the tower (such as an imitation pine tree tower) or to the nature of surrounding uses (such as industrial use) or to lack of visibility caused by natural growth, landscaping or other factors.
    • 7. Anything in the "hardship clause" to the contrary not withstanding, for purposes of wireless service towers only, hardship sufficient for the granting of a variance shall include the effect upon the applicant's ability to provide wireless service.
    • 8. The applicant shall have the duty of presenting evidence relating to the criteria set forth herein.
  • F. Any application submitted for a variance relating to the installation of signage that exceeds the maximum allowed area regulated by Section 17.72.010 signs; shall include as part of the submittal, an architectural elevation of the building drawn to scale with the proposed signage located on the building also correctly drawn to scale. Freestanding signs shall also be drawn to scale and accurately located on a scaled perspective drawing of the building and site. Photographs with superimposed photo shop images of the signs, or renderings with no scale, shall not be accepted in lieu of perspective drawings. Photographs of the site with superimposed photo shop images of the signs that are of an accurate scale, may be submitted in addition to the scaled perspective drawings.

(Prior code § 30-28; Ord. 2010-21, § 1, 7/26/2010; Ord. 2023-27, § 1, 12/19/2023; Ord. 2026-2, 1/20/2026)