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City of Providence
City of Providence Zoning Ordinance
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§ 1903

ADMINISTRATIVE MODIFICATION

1903 ADMINISTRATIVE MODIFICATION

  • A. Purpose The purpose of the administrative modification is to provide relief from carrying out a requirement of this Ordinance that may cause a minor practical difficulty.

  • B. Authority The Director of the Department of Inspection and Standards is authorized to grant a 15% modification to any literal dimensional requirement of this Ordinance.

  • C. Procedure

    1. Within 10 days of the receipt of a request for a modification, the Director of the Department of Inspection and Standards will make a decision on the requested modification.

  • 2. The decision on the requested modification shall be based on the following determinations: a. The modification requested is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted.

    • 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. Upon an affirmative determination, in the case of a modification of five percent or less, the zoning enforcement officer shall have the authority to approve the modification, without any public notice requirements. In the case of a modification of greater than five percent, the zoning enforcement officer will provide notice as required in Section 1801.

  • 4. The modification will be granted unless written objection by anyone who is entitled to notice under this section is received within 14 days of the public notice. If written objection is received within 14 days, the request for a modification is denied. In the case of denial, 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. If no written objections are received within 14 days, the Director of the Department of Inspection and Standards will grant the modification.

    • D. Conditions The Director of the Department of Inspection and Standards may apply any special conditions as may, in the opinion of the Director, be required to conform to the intent and purposes of this Ordinance.

    • E. Maintenance of Records The Director of the Department of Inspection and Standards shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Any decision evidencing the granting of a modification shall also be recorded in the Land Evidence Records of the City.

    • F. Appeals Any aggrieved party may appeal the decision to the Zoning Board of Review within 20 days of the recording of the decision.

    • G. Neighborhood Character-Based Modification (“NCBM”) The zoning enforcement officer is authorized to grant NCBM on any parcel with a public water and sewer connection, and for purposes of residential use, from the literal dimensional requirements of the zoning ordinance in the instance of construction, alteration, creation, or structural modification of a dwelling unit provided that:

  • 1. Such modifications shall only be granted for dimensional relief from frontage, lot width, and lot depth, up to the average dimensions of the comparable existing built environment;

  • 2. The average dimensions of the comparable built environment shall be calculated as follows: a. Comparable existing parcels shall mean all parcels that are: i. Within 200 feet of the subject property; and ii. In the same base zone; and iii. Used for residential purposes.

    • b. The average dimensions shall be confirmed by a professional land surveyor

      c. The average dimensions are to be determined without any additional review of zoning or building code analysis of the legality of the existing dimensions of the comparable existing parcels.

  • 3. Within 10 days of the receipt of a request for NCBM, 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 does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and b. The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands; and c. The NCBM does not violate and provisions regarding separation included in the state building or fire code. Upon an affirmative determination, in the case of an NCBM modification of equal to or less than 30% of the requirements of the zoning district, the zoning enforcement officer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of an NCBM modification of greater than 30%, the zoning enforcement officer shall notify, by first class mail, all property owners abutting the property which is the subject of the NCBM 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. If written objection is received from any party entitled to notice under this section within 14 days, the request for 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 Section 1801. If no written objections are received within 14 days, the zoning enforcement officer will 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.