Modification Permits

§ 705 Modification Permits

[Amended October 21, 2009; 5-3-2022 by Ord. No. 2022-04; 2-21-2024 by Ord. No. 2024-07]

A. Purpose. Modification Permits are intended to offer an administrative application and review process for deviations from the literal dimensional requirements of this Ordinance in the case of construction, alteration, or structural modification of a structure or lot of record.

B. Standards.

1. A Modification may be granted pursuant to this Section, which allows a deviation of up to 25% from any yard requirements (front yard, side yard, rear yard) of any zoning district.

2. Reserved.

3. A Modification shall not permit moving of any lot line.

4. Those lots that are subject to reduced dimensional requirements as nonconforming substandard lots are only eligible for a modification relief under this section to the extent that such relief is in excess of the proportional reduced requirements of this Ordinance. The amount of the dimensional modification able to be granted shall be calculated based on standard lot size for the district in which the subject lot is located.

C. Procedure.

1. Application. The applicant shall submit two copies of the application, including all plans, documentation and fees, to the Zoning Official, in accordance with the provisions of § 706B, Submittal Requirements.

2. Review. Within 10 days of receipt of a complete application for a Modification, the Zoning Official shall make a decision as to the suitability of the requested Modification based on the following determinations:

a. The Modification requested is reasonably necessary for the full enjoyment of the permitted use;

b. If the Modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

c. The Modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations;

d. The Modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.

3. Suitability and Notice. The Zoning Official shall notify the applicant, by regular, First Class mail, as to the decision of suitability of the requested Modification(s) based on the above determinations.

a. For Modification requests of 5% or less the Zoning Official, upon affirmative determination may issue the Modification without any public notice. For applications of 5% or less, the Zoning Official may, in his or her discretion, give public notice pursuant to subsection b prior to the issuance of a modification permit.

b. For Modification requests in excess of 5%, upon an affirmative determination, the Zoning Official shall provide written notice via first class mail to all property owners abutting the property which is the subject of the Modification.

(1) Such mailed notice shall include the date of said notice, the name of the owner of record, and Assessor's Plat and Lot number(s) and the street address of the subject property.

(2) Such notice shall include a description or copy of the Modification request which shall include the extent of modification requested and a description of the proposed structure, including its proposed use, which requires the Modification. The applicant shall also receive a copy of such notice.

(3) Such notice shall indicate that the Modification will be granted unless written objection is received within 14 days of the notice date.

(4) Such notice shall also be published in a newspaper of local circulation in the Town.

4. Review and Disposition.

a. If written objection is received within 14 days, the request for the Modification shall be scheduled for the next available hearing before the Zoning Board of Review on application for a dimensional variance. pursuant to § 706, Variance.

b. If no written objections are received within 14 days, the Zoning Official shall grant the Modification request. In that case, the Modification Permit shall be issued to the applicant by certified mail, return receipt.

c. In the case of a modification of 5% or less, the Zoning Official shall have the authority to issue a permit approving the modification, without any public notice requirements. The Modification permit shall be issued to the applicant by certified mail, return receipt.

5. Conditions. The Zoning Official may apply special conditions to the Modification Permit as may, in the opinion of the Zoning Official, be required to conform to the intent and purposes of this Ordinance.

6. Appeals from such conditions imposed by the Zoning Official may be made to the Zoning Board of Review pursuant to § 709, Appeals.

D. Records. The Zoning Official shall keep public records of all requests for Modifications, and of findings, determinations, special conditions, and any objections received.

E. Costs. All application fees and costs of notice shall be borne by the applicant requesting the Modification.