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City of East Providence
City of East Providence Zoning Ordinance
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§ 19-45

Variances—Findings required

  • (a) In granting a variance, the zoning board of review, or the planning board under the unified development review process, shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings that:

    • (1) 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. 45-24-30(16).

    • (2) Such hardship is not the result of any prior action of the applicant; and

    • (3) 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 city comprehensive plan upon which this chapter is based.

  • (b) The zoning board of review, or the planning board under the unified development review process, 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 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 the planning board under the unified development review process, has the power to grant dimensional variances where the use is permitted by special use permit.

  • (c) Modifications permitted by zoning officer. The zoning officer shall have authority to administratively approve modifications from the literal dimensional requirements of section 19-145 in the instance of the construction, alteration, or structural modification of a structure, except for the moving of lot lines, provided the deviation is no more than 25 percent. Within ten days of the receipt of a request for a modification, the zoning officer shall make a decision as to the suitability of the requested modification based on the following determinations:

    • (1) The modification requested is reasonably necessary for the full enjoyment of the permitted use;

    • (2) If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

    • (3) The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and

    • (4) The modification does violate any rules or regulations with respect to freshwater or coastal wetlands.

Upon an affirmative determination, in the case of a modification of five percent or less, the zoning officer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent, the zoning officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the city that the modification will be granted unless written objection is received within 14 days of the public notice. If written objection is received within 14 days, the request for a modification shall be scheduled for the next available hearing before the zoning board of review on application for a dimensional variance, following standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within 14 days, the zoning officer shall grant the modification. The zoning officer may apply any special conditions to the permit as may, in the opinion of the office, be requested to conform to the intent and purposes of the zoning ordinance. The zoning officer shall keep public records of all requests for modifications, and of findings, determinations, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

  • (d) In granting a variance the zoning board of review may apply special conditions as provided for in section 19-13.

(Rev. Ords. 1987, § 19-45; Ch. 216, § I, 6-18-02; Ch. 470A, § III, 10-7-08; Ch. 914, § I(Att.), 12-19-23)