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 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 this ordinance. The zoning enforcement officer shall immediately transmit each application received to the zoning board of review and a copy of each application to the planning board in accordance with section 18 (site plan review) of this ordinance.

(Ch. 1117, § 12, 12-18-2023)

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, shall request that the planning board and/or planning division 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 Town of Narragansett, in writing to the zoning board of review within 30 days of receipt of the completed application, pursuant to requirements of section 18 of this ordinance.

(Ch. 1117, § 12, 12-18-2023)

The zoning board of review shall hold a public hearing on any complete application for a 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 which notice shall include the precise location of the subject property, including the street address and a description of the relief sought and be advertised as follows:

(1)

In the newspaper of local circulation in the town.

(2)

The applicant shall notify by first class mail:

a.

The applicant—All owners of the subject property in question; and

b.

All property owners of record of lands within 200 feet of the property, which is the subject of the application, whether within the town or within an adjacent city or town; and

c.

By first class mail to the city or town council of any city or town to which one or more of the following pertain:

(1)

Which is located in or within not less than 200 feet of the boundary of the subject property, or;

(2)

Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of the subject property, regardless of municipal boundaries; and

d.

The governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights for surface water resources and/or surface watersheds that are used or suitable for use as public water sources and that are within 2,000 feet of the subject property, provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the zoning enforcement agency a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.

e.

For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

f.

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 their municipal home page of its website at least 14 days prior to the hearing.

A supplemental notice, that a variance is under consideration, may be posted at the location in question. This posting shall be for informational purposes only and not constitute required notice of a public hearing.

The cost of newspaper and mailing notification shall be borne by the applicant.

(Ch. 1050, §§ 2, 3, 4-16-2018; Ch. 1117, § 12, 12-18-2023)

In granting a variance, the zoning board of review, or where a unified development review the planning board, 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; and is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in RIGL 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 of the Town of Narragansett upon which the zoning ordinance is based

In addition to the above, the zoning board of review shall consider:

(1)

Access to air, light, views and solar access.

(2)

Public access to water bodies, rivers and streams.

(3)

The conservation of energy and energy efficiency.

(Ch. 1033, §§ 2—4, 12-19-2016; Ch. 1117, § 12, 12-18-2023)

The zoning board of review, or where unified development review planning board, shall, in addition to the standards listed in 11.4 of this section, require that evidence be entered into the record of the proceedings that 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.

(Ch. 1033, §§ 5, 6, 12-19-2016; Ch. 1117, § 12, 12-18-2023)

A dimensional variance is defined in section 2.2 as permission to depart from the dimensional requirements of a zoning ordinance, where the applicant from the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use or special use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after relief shall not be grounds for relief.

In granting a dimensional variance, the applicant for relief must show by evidence upon the record 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 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.

Furthermore, in granting a dimensional variance in conjunction with a special use permit, the zoning board shall make specific findings of fact defining any environmentally sensitive feature(s) to be protected and the manner in which the granting of the special use permit and dimensional variance will enhance the protection of the environmentally sensitive feature(s).

(Ch. 840, § 3, 8-4-2003; Ch. 1033, § 7, 12-19-2016; Ch. 1117, § 12, 12-18-2023)

(a)

General. An application for modification of up to 15 percent or less from the literal dimensional requirements of the zoning ordinance for the construction, alteration, or structural modification of a structure or lot of record may be filed by any person, group, agency or corporation with the zoning enforcement officer. Modifications do not permit moving lot lines.

(b)

Application. The application shall describe the requested modifications of 15 percent or less of the dimensional requirements specified in the zoning ordinance. The zoning enforcement officer is authorized to grant permits for modifications up to 15 percent or less of the dimensional requirements specified in this zoning ordinance.

(c)

Review procedure, notice and public hearing.

(1)

Within ten days of the receipt of a complete request for a modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification.

(2)

Upon an affirmative determination, in the case of a modification of five percent or less, the zoning enforcement officer has the authority to issue a permit approving the modification, without any public notice requirements.

(3)

In the case of a modification of greater than five percent, the zoning enforcement officer shall notify, by first class 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 local circulation within the city or town that the modification will be granted unless written objection is received within 14 days of the public notice.

(4)

If written objection is received within 14 days, the request for a modification shall be scheduled for the next available hearing before the zoning board of review on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within 14 days, the zoning enforcement officer shall grant the modification.

(d)

Standards to be met in granting a modification. In granting a modification, the zoning enforcement officer shall make findings that the following standards are being met:

(1)

The modification requested is reasonably necessary for the full enjoyment of the permitted use;

(2)

If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

(3)

The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and

(4)

The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.

(e)

The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, be required to conform to the intent and purposes of the zoning ordinance.

(f)

The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.

(g)

The costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

(Ch. 1117, § 12, 12-18-2023)