[Amended 9-17-2013 by Ord. No. 2013-5]
An application for relief from the literal requirements of this chapter because of hardship may be made by any person, provided the property owner joins in the filing of the application, 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 Zoning Board of Review. The Zoning Enforcement Officer shall immediately transmit each application received to the Zoning Board of Review and shall transmit a copy of each application to the Planning Board. The Zoning Enforcement Officer shall have authority to administratively approve modifications from the dimensional standards presented within Article IV, regarding dimensional requirements for structures, except for maximum height of building, provided the deviation is not more 10%, refer to Article XV, § 260-74D.
A.
The Zoning Board of Review, immediately upon receipt of an application for a variance of the literal terms of the Zoning Ordinance, shall request that the Planning Board and/or staff shall report its findings and recommendations, in the form of development plan review (see Article XIV, § 260-73), including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan of the Town, in writing to the Zoning Board of Review within 45 days of receipt of the application from that Board.
B.
The Zoning Board of Review 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 thereof at least 14 days prior to the date of the hearing in a newspaper of general 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 Article XVII and (R.I.G.L. § 45-24-53). The notice shall include the street address of the subject property.
All costs of notification shall be borne by
the applicant.
In granting a variance, the Zoning Board of
Review shall require that evidence to the satisfaction of the following
standards be entered into the record of the proceedings that:
A.
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 the physical or economic disability of the applicant,
excepting those physical disabilities addressed in the Rhode Island
General Laws § 45-24-30(16);
B.
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;
C.
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 this chapter is based; and
D.
The relief to be granted is the least relief necessary.
The Zoning Board of Review shall, in addition
to the above standards, require that evidence be entered into the
record of the proceedings showing that:
A.
Use variance. 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.
B.
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. 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.
