Variances, conditions governing applications; procedures
Sec. 9.3. Variances, conditions governing applications; procedures.
An application for relief from the literal requirements of a Zoning Ordinance because of hardship may be made by any person, group, agency or corporation by filing with the Inspector an application describing the request and supported by such data and evidence as may be required by the Zoning Board of Review or by the terms of this ordinance. There shall be only two categories of variance, a use variance or a dimensional variance.
The Inspector shall immediately transmit each such application once all required information has been received to the Zoning Board of Review and shall transmit a copy of each application to the Planning Board.
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 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 for the Town, in writing to said Zoning Board of Review within 30 days of receipt of the application from said 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. The Zoning Board of Review shall publish notice of the hearing at least once each week for two successive weeks immediately prior to the date of such hearing in a newspaper of general circulation in the Town, the date of the first notice shall be at a minimum 14 days prior to the date of the hearing. Notice of hearing shall be sent by certified mail with return receipt requested to the applicant, and to at least all those who would require notice under section 45-24-53 of the Rhode Island General Laws. Said notice shall also include the street address of the subject property. The cost of such notification shall be borne by the applicant.
9.3.1. In granting a variance, the Zoning Board of Review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
(a) 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;
(b) That the hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain;
(c) That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this Zoning Ordinance or the comprehensive plan upon which this ordinance is based;
(d) That the relief to be granted is the least relief necessary.
(e) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.
9.3.2. The Zoning Board of Review shall, in addition to the standards in 9.3.1., require that evidence be 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 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
(b) 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, which shall mean that there is no other reasonable alternative to enjoy a legally permitted beneficial use of one's property. The fact that use may be more profitable or that a structure may be valuable after the relief is granted shall not be grounds for relief.
9.3.3. A variance from the terms of this ordinance shall not be granted by the Board unless and until:
(a) The Board shall make written findings certifying that the application requirements have been met and;
(b) The concurring vote of four members shall be required to decide in favor of an applicant on any matter concerning a variance, upon which it is required to pass under this ordinance. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation.
All stipulations imposed by the Board in granting a variance permit shall be recorded in Town Land Evidence Records. A copy of such shall be filed in the Inspector's office.