Special provisions—Modification
(a) General. An application for modification of up to 15 percent or less from the literal dimensional requirements of the zoning ordinance for the construction, alteration, or structural modification of a structure or lot of record may be filed by any person, group, agency or corporation with the zoning enforcement officer. Modifications do not permit moving lot lines.
(b) Application. The application shall describe the requested modifications of 15 percent or less of the dimensional requirements specified in the zoning ordinance. The zoning enforcement officer is authorized to grant permits for modifications up to 15 percent or less of the dimensional requirements specified in this zoning ordinance.
(c) Review procedure, notice and public hearing.
(1) Within ten days of the receipt of a complete request for a modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification.
(2) Upon an affirmative determination, in the case of a modification of five percent or less, the zoning enforcement officer has the authority to issue a permit approving the modification, without any public notice requirements.
(3) In the case of a modification of greater than five percent, 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 in a newspaper of local circulation within the city or town that the modification will be granted unless written objection is received within 14 days of the public notice.
(4) 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 such variances, including notice requirements provided for under this chapter. If no written objections are received within 14 days, the zoning enforcement officer shall grant the modification.
(d) Standards to be met in granting a modification. In granting a modification, the zoning enforcement officer shall make findings that the following standards are being met:
(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 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 or coastal wetlands.
(e) 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.
(f) The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.
(g) The costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
(Ch. 1117, § 12, 12-18-2023)