Administrative procedures for modification permit
(a) Established. The director or the director's designee shall be authorized to grant modification permits under this chapter. Modification permits may be sought for dimensional variances, which do not exceed 25 percent for the applicable building setbacks.
(b) Application procedure. An application for a modification permit shall follow the same procedures as set forth in subsection 21-13(d).
(c) Determination by director. Within ten days of receipt of an application for a modification permit, the director 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 requested is in harmony with the purposes and intent of the comprehensive plan and this chapter; and
(4) The modification requested does not require a variance from a flood hazard requirement.
(d) Denial by director. Upon a negative determination, the director shall forward all records of the modification permit to the zoning board of review. The zoning board of review will consider the application a request for a variance that may only be issued following standard procedures for a variance.
(e) Notice of modification. Upon an affirmative determination, the director shall notify, by certified mail, all property owners within 200 feet of the subject property and shall indicate the street address of the subject property in the notice and shall publish in a newspaper of general circulation within the town that the modification will be granted unless written objection is received within 30 days of the public notice. The costs of any notice required under this section shall be borne by the applicant requesting the modification.
(f) Denial of modification based on written objection. If written objection is received within 30 days, the request for a modification will be denied. Upon a denial, the director shall forward all records of the modification permit to the zoning board of review. The zoning board of review will consider the application a request for a variance that may only be issued by the zoning board of review following standard procedures for a variance.
(g) Approval of modification. If no written objections are received within 30 days, the director shall grant the modification permit. The director 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 chapter. The director shall keep public records of all requests for modifications and of findings, determinations, special conditions and any objections received.
(Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 01-1, § 4, 2-12-2001; Ord. No. 07-02, § 2, 2-5-2007)