Variances
10.1 An application for relief from the literal requirements of the zoning ordinance because of hardship may be made by any person, group, agency, or corporation by filing with the zoning enforcement officer or the Town Planner in the case of unified development review an application describing the request and supported by such data and evidence as may be required by this ordinance. The zoning enforcement officer shall immediately transmit each application received fully completed to the appropriate review board(s).
10.2 In granting a variance, the review board may apply special conditions as provided for in this ordinance.
10.3 In the case where the zoning board of review is the review board, 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 or town planner report its findings and recommendations, including a statement on the general consistence of the application with the goals and purposes of the comprehensive plan of the town, in writing to the zoning board of review within 30 days of receipt of the application from that 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, and shall give public notice at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in the town. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under RIGL §45-24-53. The notice shall also include the street address of the subject property. The same notice shall be posted in the town clerk's office and one other municipal building in the town and the notice shall be posted on the town's home page of its website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of notification shall be borne by the applicant.
10.4 Twelve complete copies of the application must be submitted. The application shall include the following completed data in order to be placed on a hearing agenda:
10.4.1 A completed application indicating the variance(s) sought and the grounds for the variance(s);
10.4.2 Names and addresses of all owners of the property within a 200-foot radius as measured from the perimeter of the subject property and as shown on the current real estate tax assessment records of the town;
10.4.2.1 If the subject property for which the variance is being requested lies within the BP business park zoning district, then the applicant shall also include the names and addresses of all owners of the property within said zoning district;
10.4.3 An accurate site map drawn at a scale of 1" = 20' (or 1" = 40') on a sheet(s) 24 inches by 36 inches showing the following for the subject property:
10.4.3.1 The shape, dimension, area and street number of the subject property;
10.4.3.2 The location, size and use of all existing and proposed conditions;
10.4.3.3 The zoning use district boundaries;
10.4.3.4 North arrow;
10.4.3.5 Title block in the lower right hand corner showing names(s) of the property owners; Assessor's plat and lot number of the subject property; date of plan; and a blank signature space for the Chairperson of the zoning board of review;
10.4.3.6 Parking areas and all existing and proposed impervious surfaces, groundcover, and topography to a two-foot contour (existing and proposed) if any change in lot coverage, change in topography or impervious surface is proposed; and
10.4.3.7 Such other information as may be necessary for the execution and enforcement of this chapter [section].
10.4.4 An accurate radius map which includes:
10.4.4.1 A title block in the lower right hand corner showing name(s) of the property owner; assessor's plat and lot number of the subject property; and, date of plan;
10.4.4.2 For all property within a 200-foot radius as measured from the perimeter of the subject property;
The shape, dimension and area of the property;
The location of all zoning use district boundary lines; and
The street numbers and assessor's plat and lot numbers.
10.4.4.3 The general location, shape and use of all existing buildings and structures within a 200- foot radius of the subject property;
10.4.4.4 Such other information as may be necessary for the execution and enforcement of this ordinance;
10.4.4.5 The application fee as set by the town council, to cover the costs associated with review, hearing, notice, and recording fee.
10.5 Requests for dimensional and use variances submitted under a unified development review provision of this zoning ordinance shall be submitted as part of the subdivision or land-development application to the administrative officer of the planning board. All subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing, which shall meet the requirements of RIGL §45-23-50.l(c).
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 report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan, in writing, to the zoning board of review within thirty (30) days of receipt of the application from that board.
When the application is reviewed by the zoning board, it 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 at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under RIGL §45-24-53. The notice shall also include the street address of the subject property. The cost of notification shall be borne by the applicant. The same notice shall be posted in the town clerk's office in the municipal building in the town and the town must make the notice accessible on its town homepage of its website for fourteen (14) [days prior to the hearing]. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
If the subject property for which the variance is being requested lies within the BP business park zoning district, then the notification is to[sic] also be sent registered or certified mail to all owners of real property whose property is located within the BP business park zoning district; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the town.
10.6 Determination. Any party may appear at the hearing in person or by attorney. The hearing held by the zoning board of review is a public meeting and all decisions reached by the zoning board of review shall be made and voted upon at a public meeting. The board shall hear all evidence on the variance request and consider the written reports of town staff when reaching a decision on the findings required.
10.7 Implementation, appeal.
10.7.1 The town clerk, acting in capacity as clerk for the zoning board of review, shall be responsible for the recording in the land evidence records of the town of West Warwick, all decisions on variance applications. The decision shall also be posted in a location visible to the public in the town Hall for a period of 20 days following the recording of the decision.
10.7.2 Any variance granted by the zoning board of review shall expire one year from the date of issuance, unless the applicant shall within that one-year period exercise the right granted by the decision. The board may upon application filed within the one-year period and for good cause shown, extend the limitation for one additional one-year period. The application for an extension need not be advertised.
10.7.3 No application for a variance involving the same parcel and same request, which was denied or withdrawn with prejudice may be resubmitted for a variance for a period of one-year from the date of such denial or withdrawal with prejudice, unless the zoning board of review determines there is substantial change of circumstances, which justifies a variance application.
10.7.4 If the board allows an amendment to an original application which changes the terms under which the application as advertised or which alters the basic facts upon which the application was presented, the amended application shall be readvertised and referred to the planning board.
10.7.5 Any aggrieved party may appeal decisions of the zoning board of review to the superior court for Kent County.
10.7.6 All work approved by the issuance of a variance shall be carried out only in conformity with the application and any conditions set by the zoning board of review. application. Any work carried out in violation of this provision shall be ordered halted and fully removed.
10.8 Findings required. In granting a variance, the zoning board of review, or the planning board under unified development review, shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
10.8.1 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(a)(16);
10.8.2 That the hardship is not the result of any prior action of the applicant;
10.8.3 That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan upon which the ordinance is based;
10.9 In granting a variance, the zoning board of review, or the planning board under unified development review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings that:
10.9.1 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
10.9.2 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 amounts to more than a mere inconvenience, meaning that the 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, or the planning board under unified development review has the power to grant dimensional variances where the use is permitted by special use permit.
10.10 Decisions shall be recorded and filed in the office of the zoning board of review within 30 working days from the date when the decision was rendered and shall be a public record.
(Ord. No. 2024-5, 6-18-2024)