Standards for granting variances

• a. In granting a variance, the zoning board of review, or the planning board under unified development review as 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;

  • 2. The hardship from which the applicant seeks relief is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in G.L. § 45-24-30(a)(16);

  • 3. That the hardship is not the result of any prior action of the applicant; and

  • 4. 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.

• b. The zoning board of review, or, where unified development review is enabled, the planning board, shall, in addition to the above standards, require that evidence is entered into the record of the proceedings 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 lands or structures in an adjacent district shall not be considered in granting a use variance; and

  • 2. 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 is not grounds for relief. The zoning board of review, or, planning board in unified development review, has the power to grant dimensional variances where the use is permitted by special-use permit.

(Ord. of 11-30-23(15))