Modifications

[Ord. No. 08-31, 10-7-2009; amended 12-6-2023 by Ord. No. 23-26]

• (a) In applications for relief from the literal dimensional requirements of this appendix as contained in Article 5 involving the construction, alteration, or structural modification of a structure or lot of record, the Zoning Officer shall be authorized to grant approval in the form of a modification permit. Such modification shall not exceed 15% of any dimensional requirement specified in this appendix.
• (b) Suitability Determination. Within 10 days of receipt of a request for a modification, the Zoning Officer shall make a decision as to the suitability of the requested modification, based on the following:
  • (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 uses substantially impaired;
  • (3) The modification requested does not violate any rules or regulations with respect to freshwater wetlands;
  • (4) The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations.
• (c) In the case of a modification of 5% or less, the Zoning Officer shall have the authority to issue a permit approving the modification without any public notice requirements. All other provisions of this section shall apply to such administrative modification applications.
• (d) In the case of a modification greater than 5%, the Zoning Officer shall notify, by 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 notice in a newspaper of local circulation within the Town of Cumberland that the modification will be granted unless written objection is received within 14 days. If a written objection is received within 14 days of the public notice, the request for a modification shall be scheduled for the next available hearing before the Zoning Board of Review on application for a dimensional variance, following the standard procedures for such variances, including notice requirements provided for under this appendix. If no such written objection is received within 14 days, the Zoning Officer shall grant the modification, and in granting, may apply such special conditions to the permit as may, in the opinion of the Officer, be required to conform to the intent and purposes of this appendix.
• (e) The Zoning Officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.
• (f) Costs of any notice required under this section shall be borne by the applicant requesting the modification.