Modifications

The building official is empowered to hear and grant modifications. Submission requirements for applications for such modifications shall be in accordance with Section 17.20.120 provided that references to the zoning board shall refer to the building official.

• A. A modification may be requested for adjustments or deviations not exceeding 25% of any of the dimensional requirements specified herein.
• B. A modification of 5% or less shall be permitted by the building official, subject to the criteria of subsection E of this section, without requiring any notice as detailed in subsection C of this section.
• C. Prior to ruling on a modification of more than 5% and less than 25 of any dimensional or quantitative requirements of this chapter, the building official shall give notice in the same manner as would be given for a variance application, pursuant to the Section 17.108.070 requirements, by first class mail, to all property owners within a 400-foot radius and publish in a newspaper having local circulation in the city of Cranston that he or she is considering such modification, the location of property in question, the nature of the proposed modification, a statement that such modification may be granted by the building official if no objection by anyone who is entitled to notice under this section is received within 14 days, and an invitation to allow any member of the public to inspect plot plans and application forms during normal working hours at the city hall.
• D. If one or more written and duly signed objections are received by the building official within 14 days of the date of such public notice, the modification shall forthwith be filed with the zoning board of review if the applicant so desires, as a request for a dimensional variance in accordance with the provisions of Sections 17.108.070 and 17.108.080 and the building official shall have no further role in deciding the case.
• E. If there are no objections within the specified time period as provided in subsection C above, the building official shall render a decision no later than 14 days after the date of the public notice. The following determination shall be made by the building official.
  • 1. The modification requested is s minimal to a reasonable enjoyment of the permitted use to which the property is supposed to be devoted;
  • 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 zoning ordinance of the city; and
  • 4. The modification requested does not require a variance of a flood hazard requirement.
• F. If the petitioner is aggrieved by a decision of the building official said petitioner may file an application for dimensional variance to the zoning board or review in accordance with Section 17.108.080.

(Ord. 03-59 § 1; Ord. 2023-27, § 1, 12/19/2023; Ord. 2026-2, 1/20/2026)