Zoning is a government-imposed restrictions on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.
This form is a generic example that may be referred to when preparing such a form for your particular community. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Rhode Island Application to a Zoning Board for Variance From Zoning Restriction: A Comprehensive Guide In Rhode Island, property owners or developers who wish to bypass or modify certain zoning restrictions must submit an application to the Zoning Board for a variance. A variance allows for the deviation from the prescribed zoning regulations in specific circumstances where strict compliance would result in unnecessary hardship. Types of Rhode Island Application to a Zoning Board for Variance From Zoning Restriction: 1. Use Variance: This type of variance allows property owners to use their land or property in a manner that is not otherwise permitted by the zoning regulations. It grants permission for activities or businesses that do not conform to the existing zoning requirements, such as converting a residential property into a commercial establishment. 2. Area or Dimensional Variance: This variance allows property owners to deviate from the dimensional requirements of a particular zoning district. It is typically sought when the property fails to meet setback, building height, lot coverage, or other dimensional restrictions. For example, if a property's setback requirement is 20 feet, but due to unique circumstances, the owner can only provide a setback of 10 feet, they may apply for an area variance. 3. Special Exception Variance: This type of variance allows for the land use that is not typically allowed in a specific zoning district. It grants permission for specific uses, such as daycare centers, religious institutions, or educational facilities within a residential area, as long as specific conditions or criteria are met. Important components of a Rhode Island Application to a Zoning Board for Variance From Zoning Restriction: 1. Applicant information: Provide the name, contact details, and relationship to the property of the applicant. 2. Property description: Describe the location, size, and current zoning designation of the property. 3. Proposed variance details: Clearly state the specific zoning provision(s) you are seeking variance from and describe the nature of the modification you are requesting. 4. Justification: Provide a detailed explanation of how strict compliance with the zoning regulations would cause unnecessary hardship. This typically includes factors like unique physical features, topography, or other limitations of the property. 5. Supporting documents: Include any necessary maps, surveys, photographs, or expert reports to support your application. 6. Public notice and hearing: Ensure compliance with the required public notice procedures and attend any scheduled public hearings related to your application. 7. Professional assistance: Seek advice from zoning attorneys, land use consultants, or architects experienced in Rhode Island zoning laws to ensure accurate completion of your application. Benefits of obtaining a variance: 1. Flexibility in land use: A granted variance allows property owners to pursue desired land uses that would otherwise be prohibited, potentially increasing property value and investment opportunities. 2. Avoiding unnecessary hardship: A variance provides relief when strict adherence to zoning restrictions would impose undue burdens or make the property less functional or marketable. 3. Economic development: Variances can promote economic growth by enabling vital commercial activities and accommodating the changing needs of communities. Overall, understanding the different types of Rhode Island Applications to a Zoning Board for Variance From Zoning Restriction and following the proper procedures outlined by the state's zoning regulations is crucially important for property owners or developers seeking variances. Working closely with legal professionals and experts will help ensure a smooth and successful application process.
