§ VI-D
Variances
- 1. An application for relief from the literal requirements of this zoning ordinance because of hardship may be made by an applicant by filing with the Zoning Enforcement Officer 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. The Zoning Enforcement Officer shall immediately transmit each application received to the Zoning Board of Review and shall transmit a copy of each application to the Planning Board.
- a) All appeals including appeals involving applications for variances shall be made on forms as provided by the rules of the Zoning Board of Review, and the written ruling or decision of the enforcement official together with all other papers, plans and data constituting the record of the case shall be transmitted to the Zoning Board of Review.
- 2. 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 of the Town, in writing to the Zoning Board of Review within thirty (30) days of receipt of the application from that board.
- 3. The Zoning Board of Review 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 pursuant to the provisions of Article XIII.
- 4. A variance shall be defined as: Permission to depart from the literal requirements of a zoning ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by a zoning ordinance. There shall be only two (2) categories of variance, a use variance or a dimensional variance.
- a) Use variance. Permission to depart from the use requirements of a zoning ordinance where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the zoning ordinance.
- b) Dimensional variance. Permission to depart from the dimensional requirements of a zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, 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.
- 5. 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, excepting those physical disabilities addressed in Section 45-24-30(a)(16) General Laws of Rhode Island (amended 2003-04-28);
- 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 the zoning ordinance or the comprehensive plan upon which the ordinance is based; and
- d) That the relief to be granted is the least relief necessary.
- e) That any relief granted is in accordance with the definition of variance provided in this ordinance.
- 6. The Zoning Board of Review shall, in addition to the above standards, 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 suffered by the owner of the subject property if the dimensional variance is not granted amounts to more than a mere inconvenience, (amended 2003-04-28) 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.
- 7. Expiration. Any variance which is not utilized within a period of one (1) year from the date of the signing of the decision granting said variance shall be void unless, upon written request of the applicant and good cause shown, the Zoning Board of Review, following a public hearing thereon, grants an extension of not more than one (1) year. Not more than a single, one (1) year extension may be granted following any one (1) public hearing. The Board of Review shall not grant successive extensions which total more than two (2) years on any project, (excluding any extensions granted prior to enactment of this amendment).
[Amended 7-12-2002; 8-10-2004]
- a) If written proof from the Portsmouth Water and Fire District is provided showing that the applicant is unable to secure a tie-in to the Portsmouth Water and Fire District's water supply, then the Zoning Board of Review shall grant an extension for a period of one (1) year, provided that the applicant demonstrates reasonable diligence in attempting to secure such tie-in.
- b) In the event an application for extension is filed prior to the passage of one (1) year from date of authorization, or the end of any subsequent extension term thereof, the variance shall remain in force and effect until the Board of Review has acted on said application for extension.