Modifications granted by building official

The zoning enforcement officer is authorized to grant modification from literal dimensional requirements of the zoning ordinance [this chapter] listed in article 6 [of this chapter]. The zoning enforcement officer shall permit modifications that are five percent or less and may permit modifications up to 25 percent (G.L. 1956, § 45-24-46).

• • A. A modification shall not include moving of lot lines, building height (principal only), lot frontage or modifications to existing nonconforming dimensions as specified in article 6 of this chapter.

  • B. Within ten day[s] of the receipt of a request for modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification based on the following determinations:

    • 1) The modification requested is reasonably necessary for the full enjoyment of the permitted uses;

    • 2) If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

    • 3) The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations;

    • 4) The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.

  • C. Upon an affirmation determination, in the case of a Modification of five percent or less, the zoning enforcement officer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent, the zoning enforcement officer shall notify, by registered or certified mail, all property owners within 200 feet of the property which is the subject of the modification request, and shall publish in a newspaper of local circulation that the modification will be granted unless written objection is received within 14 day[s] of the public notice.

  • D. If written objection is received, 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 chapter.

  • E. If no written objections are received within 14 days, the zoning enforcement officer shall grant the modification. The 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 [this chapter].

  • F. Costs of any notice or advertising required under this section shall be borne by the applicant.

(Ord. of 2-3-2025(1), § 1(Exh. A))