Modification permit.
§ 255-390. Modification permit. [Amended 3-25-2025 by Ord. No. 2025-05]
A. The Zoning Enforcement Officer is authorized to grant modification permits under this chapter. Modification permits may be for modifications or adjustments from the literal dimensional requirements of this chapter. The modification shall not exceed 25% of any of the dimensional requirements specified in this chapter. Within ten (10) days of receipt of a request for a modification permit, the Zoning Enforcement Officer shall make written findings as to the suitability of the requested modification permit based on the following determinations:
(1) The modification requested is reasonably necessary for the full enjoyment of the permitted use;
(2) If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
(3) The modification requested is in harmony with the purposes and intent of the Comprehensive Plan and this chapter; and (4) The modification requested does not require a variance of a flood hazard requirement.
B. Upon an affirmative determination, in the case of a modification of 5% or less, the Zoning Enforcement Officer has the authority to issue a decision approving the modification without any public notice requirements. In the case of a modification of greater than 5%, the Zoning Enforcement Officer shall direct the applicant to notify, by USPS first class mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the Town that the modification will be granted unless written objection is received within fourteen (14) days of the public notice. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification. If written objection is received within fourteen (14) days, the request for a modification shall be scheduled for the next available hearing before the Zoning Board on application for review as a dimensional variance following standards and procedures for such variances, including notice requirements provided under this chapter. If no written objections are received within fourteen (14) days, the Zoning Enforcement Officer shall grant the modification decision.
C. The Zoning Enforcement Officer may apply such special conditions to the modification decision as may, in the opinion of the Zoning Enforcement Officer, be required to conform to the intent and purposes of this chapter.
D. The Zoning Enforcement Officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.
E. A request for a modification shall require an administrative fee paid to the Town consistent with the schedule of fees maintained in the Planning and Development Department.