An application for relief from the literal requirements of this Zoning Ordinance because of hardship may be made by any person, provided the property owner joins in the filing of the application, by filing with the Zoning Enforcement Officer an application describing the request and supported by such data and evidence as may be required by the Zoning Board of Review. The Zoning Enforcement Officer shall immediately transmit each application received to the Zoning Board of Review and shall transmit a copy of each application to the Planning Board. The Zoning Enforcement Officer shall have the authority to administratively approve modifications from the dimensional standards presented within Article IV, Dimensional Requirements, as provided for under Article XIV, § 260-74.

Requests for dimensional and use variances submitted under a unified development review provision per Article XIV, § 260-75, of this chapter shall be submitted as part of the subdivision, land development, and/or development plan review application to the Administrative Officer as provided for in the Land Development and Subdivision Regulations. All applications submitted under unified development review provisions of this chapter shall have a public hearing which shall meet the requirements of this section.

The Zoning Board of Review, immediately upon receipt of an application for a variance of the literal terms of the Zoning Ordinance, shall request that the Planning Board and/or staff shall report its findings and recommendations, in the form of development plan review (see Article XIV, § 260-73), including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan of the Town, in writing to the Zoning Board of Review within 45 days of receipt of the application from that Board.

The Zoning Board of Review 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 thereof at least 14 days prior to the date of the hearing in a newspaper of local circulation in the town. The same notice shall be posted in the Town Clerk's office and one other municipal building in the Town and on the home page of its website at least 14 days prior to the hearing. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under Article XVII and (R.I.G.L. § 45-24-53) and to all property owners of record within 200 feet of the perimeter of the subject property (excluding road rights-of-way). The requirement for notice by certified mail shall apply where properties within 200 feet are located in an adjacent municipality. The notice shall include the street address of the subject property.

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 the physical or economic disability of the applicant, excepting those physical disabilities addressed in the Rhode Island General Laws § 45-24-30(16);

The hardship is not the result of any prior action of the applicant; and

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 this chapter is based.

Use variance. 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.

Dimensional variance. In granting a dimensional variance, the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted, shall amount to more than a mere inconvenience, meaning that the relief sought is minimal to a reasonable enjoyment of the permitting 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.

The Board, or, where unified development review is enabled, the Planning Board shall have the power to grant dimensional variances where the use is permitted by special use permit.