§ 260-74
Dimensional modification
[Added 9-17-2013 by Ord. No. 2013-5; amended 11-21-2023 by Ord. No. 2023-11]
- A. The issuance of modifications from the literal dimensional requirements of the Zoning Ordinance in the instance of the construction, alteration, or structural modification of a structure or lot of record is allowed. The Zoning Enforcement Officer is authorized to grant modifications. The maximum percent allowed for a modification up to and including 15% of any of the dimensional requirements specified in the Zoning Ordinance. A modification does not permit moving of lot lines. Within 10 days of the receipt of a request for a 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 use;
- (2) If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
- (3) The modification request does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and
- (4) The modification requested does not violate any rules or regulations with respect to freshwater wetlands.
- B. Upon an affirmative determination, the Zoning Enforcement 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 that the modification shall be granted unless written objection is received within 14 days. 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 a dimensional variance following the standard procedures for variances. In the case of a denial of a modification that is part of a unified development review application, the modification shall go to the Planning Board for review as specified in § 260-75. If no written objections are received within 14 days, the Zoning Enforcement Officer shall grant the modification. The Zoning Enforcement Officer may apply any 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. The Zoning Enforcement Officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
- C. In the case of a modification of 5% or less, the Zoning Enforcement Officer shall have the authority to issue a permit approving the modification, without any public notice requirements under the same standards listed in Subsection A.
Editor's Note: Pursuant to this ordinance, former §§ 260-74 through 260-91 were renumbered as §§ 260-75 through 260-92, respectively.