§ 400-10
Variances
Relief from literal requirements of this chapter because of hardship may be granted to any person, group, agency or corporation through the issuance of a variance by the Zoning Board of Review under the procedures herein. Two types of variances can be considered as described below: a use variance and a dimensional variance.
- A. Variance application. An application for relief from the literal requirements of this chapter because of hardship may be made by any person, group, agency, or corporation by filing with the Town Clerk, and Clerk of the Zoning Board of Review, an application describing the variance request and supported by plans and data describing the site and proposed use and documentation in support of the application. The application shall show the location and dimensions of the property and the proposed use and any other information required by the application form and as may be required by the Zoning Board of Review.
- B. General standards for granting a variance. In granting either use or dimensional variances, the Zoning Board of Review shall require that evidence to the satisfaction of the following standards be 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 R.I.G.L. § 45-24-30(16);
[Amended 7-11-2018]
- (2) That the hardship is not the result of any prior action of the applicant; and
[Amended 12-13-2023]
- (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 this chapter or the Comprehensive Plan upon which this chapter is based.
[Amended 12-13-2023]
Editor's Note: Former Subsection B(4), regarding granting relief, which immediately followed, was repealed 12-13-2023.
- (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 R.I.G.L. § 45-24-30(16);
- C. Standards for granting a use variance. The Zoning Board of Review shall, in addition to the above standards, require that evidence be entered onto the record of the proceedings showing that 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 this chapter. 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.
- D. Standards for granting a dimensional variance. In granting a dimensional variance, 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, 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 has the power to grant dimensional variances where the use is permitted by special use permit.
[Amended 7-11-2018; 12-13-2023]
- E. Expiration. A variance shall expire one year after the date of approval by the Board, unless a building permit is obtained or a certificate of occupancy is obtained when no building permit is required.
[Amended 6-12-2019]
- F. One-year extension. If application is made prior to the expiration of the initial one-year period, the Board may, upon written request and for cause shown, renew the variance for a second one-year period. Said request for an extension need not be advertised nor noticed. An advisory opinion from the Planning Board shall not be required.
[Added 6-12-2019]
- G. Further extension for cause. Should a building permit not be obtained or a certificate of occupancy for a nonpermit project not be issued within the second one-year period, the Board may, upon written request filed prior to expiration, renew the variance for a third one-year period, provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance. Notice shall be given in accordance with § 400-11, and a hearing shall be held on the request.
[Added 6-12-2019]
- H. Pendency of court actions. None of the above one-year periods shall run during the pendency of any Superior Court actions seeking to overturn the grant.
[Added 6-12-2019]