Variances—Effective January 1, 2024
A. An application for relief from the literal requirements of a zoning ordinance because of a hardship may be made by any person, group, agency, or corporation by filing with the zoning officer an application describing the request and supported by any data and evidence as may be required by the zoning board of review or by the terms of the ordinance. The zoning officer shall immediately transfer each application received to the zoning board of review and a copy of each application to the planning board.
B. 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, may request that the planning board and/or staff report its findings and recommendations, including a statement of the general consistency of the application with the goals and purposes of the comprehensive plan of the city, in writing, to the zoning board of review within thirty (30) days of receipt of the application from that board. 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 at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in the city. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notices under GLRI §45-24-53. The notice shall also include the street address of the subject property. The same notice shall be posted in the city clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on their municipal home page of its website at least fourteen (14) days prior to the hearing. 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 notification shall be borne by the applicant.
C. In granting a variance, the zoning board of review, or the planning board where unified development review is appropriate, shall require that evidence to the satisfaction of the following standards is 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, excepting those physical disabilities addressed in GLRI §45-24-30(a)(16).
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 or the comprehensive plan upon which the ordinance is based.
The zoning board of review or the planning board where unified development review is appropriate, shall, in addition to the above standards, require that evidence is entered into the record of the proceedings showing that:
a. 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 lands 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
b. In granting a dimensional variance, that the hardship suffered by the owner of the subject property if the dimensional variance is not granted amounts 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 planning board where unified development review is enabled shall have the power to grant dimensional variances where the use is permitted by a special use permit.
D. In granting a variance or in making any determination upon which it is required to pass after a public hearing under a zoning ordinance, the zoning board of review may apply special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan and the zoning ordinance of the city. Failure to abide by any special conditions attached to a grant constitutes a zoning violation. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:
1. Minimizing the 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 may be removed;
4. Assuring 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.
(Ord. No. 2023-39, § 1, 12-13-2023)