Variances authorized by this chapter

An application for relief from the literal requirements of this chapter because of hardship may be made by any person, group, agency, or corporation by filing with the building official an application describing the request and supported by such data and evidence as may be required by the zoning board or by the terms of this chapter. The building official or agency shall immediately transmit each application received to the zoning board and shall transmit a copy of each application to the planning commission.

The zoning board of review, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance [this chapter], may request that the planning commission and/or staff shall report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan, in writing to the zoning board within 30 days of receipt of the application from that commission.

The zoning board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice thereof at least 14 days prior to the date of the hearing in a newspaper of local circulation in the town. Notice of hearing shall be sent by first class mail to the applicant, and to at least all those who would require notice under G.L. 1956, § 45-24-53. The notice shall also include the street address of the subject property. At least 14 days prior to the hearing, the same notice shall be posted in the town clerk's office and one other municipal building in the town and the town shall make the notice accessible on the home page of its website. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall be borne by the applicant.

Requests for dimensional and use variances and special use permits submitted under a unified development review provision of this zoning ordinance shall be submitted as part of the subdivision or land-development application to the administrative officer of the planning commission, pursuant to G.L. 1956, § 45-24-46.4. All subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing, which shall meet the requirements of the Town of Jamestown Subdivision Regulations Article V Sec. C.6.a.(5) and G.L. 1956, § 45-23-50.1.

(Ord. of 2-3-2025(1), § 1(Exh. A))