Variances and Special Use Permits

10.8 VARIANCES AND SPECIAL USE PERMITS

A. Application

An Application for relief from the literal requirements of a Zoning Ordinance because of hardship or an Application for a Special Use Permit may be made by any person, group, agency or corporation, provided that the owner or owners of 175 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance the subject property must join in any Application, by filing with the Official an Application describing the request and supported by such data and evidence as may be required by the Board. An Application from a corporation must be signed by its attorney or duly authorized officer of the corporation. The Official shall immediately transmit such Application received to the Board and shall transmit a copy of each Application to the Planning Board.

B. Hearing and Notice

The Board shall hold a public hearing on any Application for Variance or Special Use Permit in an expeditious manner, after receipt, in proper form, of an Application, and shall give public notice thereof at least fourteen (14) days prior to the date of the hearing, which notice shall include the precise location of the subject property, including the street address, and a description of the relief sought, as follows:

1. In a newspaper of general circulation in the Town, and,
2. By Certified Mail, Return Receipt Required, to:
   1. all owners of the subject property in question; and,
   2. all property owners of record of land within two hundred (200) feet of the property, which is the subject of the Application, whether within the Town or within an adjacent City or Town; and,
   3. the City or Town Council of any City or Town to which one or more of the following pertain:
      1. Which is located in or within not less than two hundred feet of the boundary of the subject property; or
      2. Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within two thousand (2,000) feet of the subject property, regardless of municipal boundaries; and,
   4. the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within two thousand (2,000) feet of the subject property, provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the Official a map survey, which shall be kept as public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand (2,000) feet thereof.

C. Standards for Relief

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: 176 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance

   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 not due to a physical or economic disability of the applicant.
   2. that said 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.
   3. that the granting of the requested Variance will not alter the general characteristic of the surrounding area or impair the intent or purpose of this Zoning Ordinance or the Comprehensive Plan of the Town.
   4. that the relief to be granted is the least relief necessary.
   5. The Board 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 the Zoning Ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of land or structures in an adjacent district shall not be considered grounds for granting a Use Variance; and
      2. 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 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.
2. Special Use Permit

   In granting a Special Use Permit, the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

   1. that the Special Use is specifically authorized by this Ordinance, and setting forth the exact subsection of this Ordinance containing the jurisdictional authorization;
   2. that the Special Use meets all of the criteria set forth in the subsection of this Ordinance authorizing such Special Use; and
   3. that 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 Ordinance or the Comprehensive Plan of the Town. In so doing, the Board shall consider, where applicable, the following: 177 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance
      1. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
      2. Off-street parking and loading areas where required, with particular attention to the items set out in subsection (1) hereof.
      3. Required yards and other open spaces.
      4. Refuse and service areas, with particular reference to the items set out in Subsections (1) and (2) hereof.
      5. Utilities with reference to location, availability, and compatibility.
      6. Screening and buffering with reference to type, dimensions, and character.
      7. Signs, if any, and proposed exterior lighting with reference to glare and traffic safety.
      8. General compatibility, the pertinent traffic, economic, noise, glare or odor effects of the Special Use Permit on adjoining properties and properties generally in the district.
      9. Protection of sensitive features.
      10. The use will not result in or create conditions that will exceed the Performance Standards in §6.3.
      11. After the date at which the Town Council adopts a schedule of impact fees, said fees shall be paid before a Building