§ 45-24.4-13. Variances, deviations, and special exceptions.
(a) Any special development district commission that adopts a plan of development pursuant to this chapter has the authority to grant variances, deviations, and special exceptions from the literal application of any regulations adopted pursuant to that plan, upon the application of an aggrieved property owner.
(b) Special exceptions to the terms of the regulations may be granted in those cases specified in the regulations, and subject to those conditions and safeguards specified therein, where the use granted by special exception is reasonably necessary for the convenience or welfare of the public and does not substantially or permanently injure the value of neighboring property.
(c) Variances may be granted where, owing to special conditions, a literal enforcement of the regulations would result in unnecessary hardship, where the variance will not be contrary to the public interest, and the spirit of the plan will be observed and substantial justice done.
(d) Deviations may be granted where the literal enforcement of the regulations relating to setbacks, build-to lines, and other area and dimensional restrictions would preclude the full enjoyment by the owner of a permitted use and amount to more than a mere inconvenience.
History of Section.P.L. 1981, ch. 332, § 1.
Structure Rhode Island General Laws
Chapter 45-24.4 - Special Development Districts
Section 45-24.4-1. - Declaration of purpose.
Section 45-24.4-2. - Short title.
Section 45-24.4-3. - Definitions.
Section 45-24.4-4. - Special development districts authorized.
Section 45-24.4-5. - Procedure for designating special development districts.
Section 45-24.4-6. - Designation of commission authorized.
Section 45-24.4-7. - Creation of commission.
Section 45-24.4-8. - Purposes and powers of commission.
Section 45-24.4-11. - Certificate of approval or rejection of plans.
Section 45-24.4-12. - Exceptions to application of chapter.
Section 45-24.4-13. - Variances, deviations, and special exceptions.
Section 45-24.4-14. - Hearing of applications for variances, deviations, or special exceptions.
Section 45-24.4-15. - Concurrent jurisdiction of zoning board of review.
Section 45-24.4-16. - Appeals to superior court.
Section 45-24.4-17. - Judicial aid in enforcement of plan.
Section 45-24.4-18. - Construction of chapter.
Section 45-24.4-19. - Severability.