[Amended 11-12-1996 by Ord. No. 981]
A.
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 Zoning Enforcement Officer an application describing the request and supported by such data and evidence as may be required by the Johnston Zoning Board. The Zoning Enforcement Officer shall immediately transmit each application received to the Zoning Board and shall transmit a copy of each application to the Town Planner and the Planning Board.
B.
In granting a variance, the Zoning Board shall require that evidence of 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;
(2)
That the 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 character of the surrounding area or impair the intent or purpose of this chapter or the Comprehensive Plan upon which this chapter is based; and
(4)
That relief granted is the least necessary.
C.
The Zoning 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 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; 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.
D.
Criteria for issuance.
(1)
The zoning official may provide for the issuance of modifications or adjustments from the literal dimensional requirements of this chapter in the instance of the construction, alteration, or structural modifications of a structure or lot of record. The zoning official shall be authorized to grant modification permits based upon the following criteria:
Zone | Allowable Variance | |
|---|---|---|
R-40 | 15% of any yard requirement | |
17% of main or accessory structure maximum height | ||
No variance from lot coverage | ||
No variance from setback requirements for accessory structures | ||
R-20 | 20% of any yard requirement | |
17% of main or accessory structure maximum height | ||
No variance from lot coverage | ||
No variance from setback requirements for accessory structures | ||
R-15 | 25% of any yard requirement | |
10% of main or accessory structure maximum height | ||
No variance from lot coverage | ||
No variance from setback requirements for accessory structures | ||
R-10 | 20% of any yard requirement | |
10% of main or accessory structure maximum height | ||
No variance from lot coverage | ||
No variance from setback requirements for accessory structures | ||
R-7 | 20% of any yard requirement | |
10% of main or accessory structure maximum height | ||
No variance from lot coverage | ||
No variance from setback requirements for accessory structures | ||
B-1 | 25% of any yard requirement | |
17% of main or accessory structure maximum height | ||
No variance from lot coverage | ||
No variance from minimum distance of structure to R zone | ||
No variance from setback requirements for accessory structures | ||
B-2 | 20% of any yard requirement | |
16% of main or accessory structure maximum height | ||
No variance from lot coverage | ||
No variance from minimum distance of structure to R zone | ||
No variance from setback requirements for accessory structures | ||
All I zones | 20% of any yard requirement | |
16% of main or accessory structure maximum height | ||
No variance from lot coverage | ||
No variance from minimum distance of structure to R zone | ||
No variance from setback requirements for accessory structures |
(3)
Within 10 days of receipt of a request for a modification, the zoning official shall make a decision as to the suitability of the requested modification based on the following determinations:
(a)
The modification requested is reasonably necessary for the full enjoyment of the permitted use;
(b)
If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
(c)
The modification requested is in harmony with the purposes and intent of the Town of Johnston Comprehensive Plan and this chapter; and
(d)
The modification requested does not require a variance of a flood hazard requirement.
(4)
Upon an affirmative determination, the zoning official shall notify, by registered or certified mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of general circulation within the Town that the modification will be granted unless written objection is received within 30 days of the public notice.
(a)
If written objection is received within 30 days, the request for a modification will be denied. In that case the changes requested will be considered a request for a variance and may only be issued by the Zoning Board of Review following the standard procedures for variances. In such cases, the application to the Zoning Board of Review will be considered a new application, and appropriate fees will be charged.
(b)
If no written objections are received within 30 days, the zoning official shall grant the modification. The zoning official may apply such special conditions to the permit as may, in the opinion of the official, be required to conform to the intent and purposes of this chapter.
(5)
The zoning official shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.
(6)
Fees for such change requests will be determined based upon the standard Zoning Board fee schedule.