Issuance of variances and special use permits; filing of appeals
(a) Application. An application for relief from the literal requirements of this chapter because of hardship or an application for a special use permit may be made by any person, group or agency by filing with the administrative officer an application describing the request and supported by such data and evidence as may be required by the zoning board of review or planning board or by the terms of this chapter.
(b) Standards for relief. Standards for relief are as follows:
(1) Variance. 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:
a. 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, excepting those disabilities addressed in [G.L. §] 45-24-30.
b. The hardship is not the result of any prior action of the applicant.
c. 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 comprehensive plan upon which this chapter is based.
d. The permitting authority 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, 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 the planning board under unified development review has the power to grant dimensional variances where the use is permitted by development plan review.
(2) Special use permit. In granting a special use permit, the permitting authority shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
a. The special use is specifically authorized by this chapter.
b. The special use meets all of the criteria set forth in the sections of this chapter authorizing such special use.
c. The granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this chapter.
(c) Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after public hearing under this chapter, the permitting authority may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan of the town and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, shall be incorporated into the decision, and may include, but are not limited to, provisions for:
(1) Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;
(2) Controlling the sequence of development, including when it must be commenced and completed;
(3) Controlling the duration of use or development and the time within which any temporary structure must be removed;
(4) Ensuring satisfactory installation and maintenance of required public improvements;
(5) Designating the exact location and nature of development; and
(6) Establishing detailed records by submission of drawings, maps, plats or specifications.
(d) Commencement of construction/project.
(1) Obtaining permits. The developer of the property must obtain all necessary building and mechanical permits and must begin construction of the project within 12 months of the date of approval.
(2) Validity of permits. Any building permit issued following an approval issued under this section shall become invalid unless the work authorized by the approval and permit shall have been commenced within six months after the issuance of the permit, or if the work authorized by the approval and permit is suspended or abandoned, for a period of six months after the time the work is commenced; provided, that, for cause, an extension of time for a period not exceeding 90 days has not been granted. All extensions must be in writing and signed by the building official. For purposes of this section, any permit issued shall not be considered invalid if the suspension or abandonment is due to a court order prohibiting the work as authorized by the permit.
(e) Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to G.L. §§ 45-24-69 or 45-23-71, depending on the board to which application was made.
(Ord. of 6-23-1994, art. VII, § 5; Ord. of 2-8-2024(8); Ord. of 4-24-2025(15))
Editor's note— An ordinance adopted Apr. 24, 2025, amended the title of § 38-324 to read as herein set out. The former § 38-324 title pertained to issuance of variances and special use permits.