Rhode Island Code of Regulations
Title 650 - Coastal Resources Management Council
Chapter 20 - Coastal Management Program
Subchapter 00 - N/A
Part 5 - Metro Bay Region Special Area Management Plan
Section 650-RICR-20-00-5.11 - Variance Requests (formerly section 210)

Universal Citation: 650 RI Code of Rules 20 00 5.11

Current through September 18, 2024

A. Applicants may request a variance under the following options only. Variance requests must be submitted in writing and meet the six criteria listed below in § 5.11(B) of this Part.

1. APC Zone Option 2

2. IHRZ Capital Center District

B. The application shall be granted an Assent only if the Council or Executive Director, as applicable, finds that the applicant has met the following six criteria:

1. The proposed alteration conforms to applicable goals and policies in §§ 1.2 and 1.3 of this Subchapter (Coastal Resources Management Program - Red Book).

2. The proposed alteration will not result in significant adverse environmental impacts or use conflicts, including but not limited to, taking into account cumulative impacts.

3. Due to conditions at the site in question, the applicable standard cannot be met.

4. The modification requested by the applicant is the minimum variance to the applicable standard necessary to allow a reasonable alteration or use of the site.

5. The requested variance to the applicable standard is not due to any prior action of the applicant's predecessors in title. With respect to subdivisions, the Council will consider factors as set forth in § 5.11(C) of this Part below in determining the prior action of the applicant.

6. Due to the conditions of the site in question, the standard will cause the applicant an undue hardship. In order to receive relief from an undue hardship an applicant must demonstrate inter alia the nature of the hardship and that the hardship is shown to be unique or particular to the site. Mere economic diminution, economic advantage, or inconvenience does not constitute a showing of undue hardship that will support the granting of a variance.

C. In reviewing requests for buffer zone variances for subdivisions of five (5) lots or less, the Council will review on a case-by-case basis the extent to which prior action of the applicant or its predecessor in title created or caused the need for the variance, whether the applicant has created the need for the variance by the subdivision, and whether the subdivision complies with local zoning requirements.

D. Relief from a standard does not remove the applicant's responsibility to comply with all other UCG and RICRMP requirements.

E. Prior to requesting approval for a CRMC variance, in those instances where a variance would be obviated if a variance for a setback were acquired from the local municipality, the applicant must first exhaust his remedies before the local municipality.

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