§ 185-40
Zoning permit and modification
[Amended 12-4-2023 by Ord. No. 2023-12]
- A. Except as otherwise provided in this chapter, no land shall be used and no building, structure or sign shall be erected, modified, enlarged or placed into use until a zoning permit has been issued by the Building Official/Zoning Enforcement Officer of the Town of Barrington.
- B. The Building Official/Zoning Enforcement Officer is authorized to grant modification permits. The maximum percent allowed for a modification shall not exceed 15%. A modification does not permit moving of lot lines. The Building Official/Zoning Enforcement Officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Cost of any notice required under this subsection shall be borne by the applicant requesting the modification.
- (1) Within 10 days of the receipt of a request for a modification, the Building Official/Zoning Enforcement Officer shall make a decision as to the suitability of the requested modification based on the following determinations of the modification:
- (a) It is reasonably necessary for the full enjoyment of the permitted use;
- (b) If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
- (c) It does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations.
- (d) It does not violate any rules or regulations with respect to freshwater or coastal wetlands.
- (2) In the case of modification of 5% or less, the Building Official/Zoning Enforcement Officer shall have the authority to issue a permit approving the modification without any public notice requirements.
- (3) In the case of modification of greater than 5% or less, the Building Official/Zoning Enforcement Officer shall notify, by first-class mail, all property owners abutting the subject property, and shall indicate the street address of the subject property in the notice. The notice shall be published in a newspaper of local circulation that the modification will be granted unless written objection is received within 14 days of public notice.
- (a) If written objection is received within 14 days, the request for a modification shall be scheduled for the next available hearing before the Zoning Board of Review on application for dimensional variance, following the standard procedures, notice requirements, and fees for such variances.
- (b) If no written objections are received within 14 days, the Building Official/Zoning Enforcement Officer shall grant the modification.
- (4) The Building Official/Zoning Enforcement Officer may apply special conditions to the permit as may, in the opinion of the Officer, be required to conform to the intent and purposes of the zoning ordinance.
- (5) Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
- (1) Within 10 days of the receipt of a request for a modification, the Building Official/Zoning Enforcement Officer shall make a decision as to the suitability of the requested modification based on the following determinations of the modification:
- C. Application for a zoning permit shall be made to the Building Official, who may require submission of such plans, specifications or other pertinent data as may be deemed necessary by them to determine conformity with this chapter. All applications shall be on forms supplied by the Building Official. Upon approval of any application, the Building Official shall endorse their approval upon the application form and return one copy to the applicant. Copies of all submitted supporting material shall be retained by the Building Official as part of Town records. If an application is denied, the application shall be so endorsed by the Building Official and a copy forwarded to the applicant with a statement of the reasons for the denial.
- D. A zoning permit shall be valid for the duration of the use which was the subject of the original issuance and shall expire upon termination of that use. Where a zoning permit authorizes the construction of a structure, building or sign, said construction shall be substantially initiated within one year of permit issuance and shall be diligently prosecuted until completed. Where said construction is not substantially initiated within one year, the zoning permit shall automatically expire and a new application shall be submitted to the Building Official.