§ 18-2
Granting of a variance
[Ord. No. 08-31, 10-7-2009; amended 12-6-2023 by Ord. No. 23-26]
- (a) General Standards. In granting a variance, 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 not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in R.I.G.L. AA 45-24-30(a)(16);
- (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 characteristic of the surrounding area or impair the intent or purpose of this Zoning Ordinance or the Town of Cumberland Comprehensive Plan.
- (b) The Board 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 appendix. Nonconforming use of neighboring land or structures in the same district and permitted use of land or structures in an adjacent district shall not be considered grounds for granting a use variance.
- (2) In granting a dimensional variance, 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.