Administrative Modifications
806. Administrative Modifications
A. General - The Zoning Enforcement Officer may, pursuant to the provisions of this Section, grant a modification or adjustment from the literal dimensional requirements of Article II herein in the instance of the construction, alteration, or structural modification of a structure or lot of record, to a limited degree as determined herein. Administrative modifications are limited to minor structural items that are part of the primary structure.
B. Procedure (1) The applicant shall submit, on a form prescribed by the Zoning Enforcement Officer together with a proposed site plan, the need and justification for the requested modification.
(2) Within ten (10) days of 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: 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 is in harmony with the purposes and intent of the comprehensive plan and zoning ordinance of the city or town; d) The modification requested does not require a variance of a flood hazard requirement; and e) The relief to be granted is the least relief necessary.
(3) Upon an affirmative determination, the Zoning Enforcement Officer shall notify, by registered or certified mail, all owners of property abutting the property which is the subject of the modification request, as shown on the latest Tax Assessor's records, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of general circulation within the city or town that the modification will be granted unless written objection is received within thirty (30) days of the public notice. a) If written objection is received within thirty (30) days, the request for a modification shall be denied. In that case the changes requested will be considered a request for a variance and may only be issued by the zoning board of review following the standard procedures for variances. b) If no written objections are received within thirty (30) days, the Zoning Enforcement Officer shall grant the modification.
(4) The Zoning Enforcement Officer 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 the zoning ordinance.
(5) The Zoning Enforcement Officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.
(6) Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
C. Maximum Modifications The Zoning Enforcement Officer may grant dimensional modifications for building setbacks and lot widths only up to, but not to exceed, the following:
(1) Maximum Modifications Table Building Setbacks and Lot Width Modifications Zoning District Front Yard Rear Yard Side Yard Lot Width Residential Zones RS12 & 8 5 feet 5 feet 2.5 feet 10 feet RL10 & 13 5 feet 5 feet 2.5 feet 10 feet RG 5 feet 5 feet 2.5 feet 10 feet Commercial Zones CP 3.5 feet 3.5 feet 3.5 feet ----- CV 3.5 feet 3.5 feet 3.5 feet ----- CG 3.5 feet 3.5 feet 3.5 feet ----- Manufacturing Zones ML 3.5 feet 7 feet 3.5 feet ----- MG 6 feet 8 feet 6 feet ----- No other dimensional modifications shall be allowed except in accordance Article V of this Ordinance.
(2) Should a dimensional modification be approved, nothing herein shall obligate the Zoning Enforcement Officer to approve the maximum modification.