§ 45-24-41. General provisions — Variances.
(a) An application for relief from the literal requirements of a zoning ordinance because
of hardship may be made by any person, group, agency, or corporation by filing with
the zoning enforcement officer or agency an application describing the request and
supported by any data and evidence as may be required by the zoning board of review
or by the terms of the ordinance. The zoning enforcement officer or agency shall immediately
transmit each application received to the zoning board of review and a copy of each
application to the planning board or commission.
(b) A zoning ordinance shall provide that 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 or commission 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 of the city
or town, in writing, to the zoning board of review within thirty (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 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 § 45-24-53. The notice shall also include the street address of the subject property. A zoning
ordinance may require that a supplemental notice, that an application for a variance
is under consideration, be posted at the location in question. The posting is for
information purposes only and does not constitute required notice of a public hearing.
The same notice shall be posted in the town or city clerk's office and one other municipal
building in the municipality and the municipality must make the notice accessible
on the municipal 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 newspaper and mailing
notification shall be borne by the applicant.
(c) A zoning ordinance may provide for unified development review, pursuant to § 45-24-46.4. Requests for dimensional and use variances submitted under a unified development
review provision of a zoning ordinance shall be submitted as part of the subdivision
or land development application to the administrative officer of the planning board
or commission, pursuant to § 45-24-46.4(a). All subdivision or land development applications submitted under the unified development
review provisions of a zoning ordinance shall have a public hearing, which shall meet
the requirements of § 45-23-50.1(d).
(d) In granting a variance, the zoning board of review, or, where unified development
review is enabled pursuant to § 45-24-46.4, the planning board or commission, shall require that evidence to the satisfaction
of the following standards is 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 § 45-24-30(a)(16);
(2) That the hardship is not the result of any prior action of the applicant; and
(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.
(4) [Deleted by P.L. 2023, ch. 304, § 1 and P.L. 2023, ch. 305, § 1.]
(e) The zoning board of review, or, where unified development review is enabled pursuant
to § 45-24-46.4, the planning board or commission, shall, in addition to the above standards, require
that evidence is 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 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
(2) In granting a dimensional variance, that the hardship suffered by the owner of the
subject property if the dimensional variance is not granted amounts 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 is not grounds for relief. The zoning board of review, or, where unified
development review is enabled pursuant to § 45-24-46.4, the planning board or commission has the power to grant dimensional variances where
the use is permitted by special-use permit.