In General. An application for relief from the literal requirements of a Zoning Chapter because of hardship or an application for a special use permit may be made by any person, group, agency or corporation, provided that the owner or owners of the subject property must join in any application, by filing with the Secretary an application describing the request and supported by such data and evidence as may be required by the permitting authority. An application from a corporation must be signed by its attorney or duly authorized officer of the corporation. The Secretary shall immediately transmit such application received to the permitting authority and shall transmit a copy of each application to the Planning Board and the Town Council.

Fees. An appeal or application shall be accompanied by a filing fee in the amount established by the Town Council, payable to the Town of Little Compton and returnable only in the event that the appeal or application is withdrawn prior to the official notice of public hearing. Said fee may be waived by the Board upon a showing of financial hardship by the applicant.

Limit on Successive Applications. The Board may not accept another application for substantially the same special exception or variance for a period of one year after the denial of an application except that the Board may waive this requirement if the later application is accompanied by an affidavit presenting facts, to the satisfaction of the Board, that a substantial change in circumstances exists, justifying a hearing of the application.

Hearing and Notice. The Zoning Board shall, immediately upon receipt of an application, request that the Planning Board shall report its findings and recommendations, in writing to the Board within 30 days. The Board shall hold a public hearing on any application for variance or special use permit 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, as follows:

Decision. Following a public hearing, the Board shall render a decision within 20 days. The Board shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the Secretary, and a copy posted in the office of the Town Clerk, within 10 working days from the date when the decision was rendered, and shall be a public record. The Board shall keep written minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the Secretary in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the Board shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.

Distribution and Recording of Decision. Any decision by the Board, including any special conditions attached thereto, shall be mailed to the applicant, to the Planning Board, the Building Official, the Town Council, the Town Conservation Commission, the Associate Director of the Division of Planning of the Rhode Island Department of Administration, and to the Town Clerk who shall post the decision for 20 days pursuant to Subsection 14-9.1. Any decision evidencing the granting of a variance or special use permit shall also be recorded by the owner in the land evidence records of the Town, after 20 days have passed from the filing of the decision, but prior to the issuance of any building permit or certificate of occupancy.