Application for Modification Permit and Determination by Zoning Enforcement Officer

A. An applicant for a modification permit shall complete an application form obtained from the zoning enforcement officer. The zoning enforcement officer shall have the authority to ask the applicant to submit whatever additional information is required for a determination. The fee for the modification permit is in Chapter 3.06 of the code of ordinances.

(Ord. dated 6-4-24)

B. Within ten days of the day an application for a modification is received, the zoning enforcement officer shall make a decision as to the suitability of the requested modification. The zoning enforcement officer shall use the following criteria to determine the suitability of the requested modification:

1. The modification 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 does not review 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.

(Ord. dated 6-4-24)

C. Upon an affirmative determination, in the case of a modification of five percent (5%) or less, the zoning enforcement officer shall have the authority to issue a permit approving the modification, without any public notice requirements.

(Ord. dated 6-4-24)

D. In the case of a modification of greater than five percent (5%), 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 fourteen (14) days of the public notice. The costs of any notice required shall be borne by the applicant requesting the modification.

1. If a written objection is received within fourteen (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.

2. If a written objection is not received within fourteen (14) days, the zoning enforcement officer shall grant the modification.

(Ord. dated 6-4-24)

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.

(Ord. dated 6-4-24)