§ 15.7
Standards for Variances
The zoning board of review shall consider all properly filed applications for variances, and in granting any such variance 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;
- (2) That the hardship is not due to a physical or economic disability of the applicant, accepting those physical disabilities address in RIGL 45-24-30(a)(16);
- (3) That said 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 this ordinance or the comprehensive plan.
- (5) That, in the case of the granting of 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.
- (6) That, in the case of 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 propery 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 permitting authority has the power to grant dimensional variances where the use is permitted by special-use permit.
(Ch. 8558, Sec. 15, 3-3-2025)