Modifications granted by the building official
The building official is hereby empowered to hear and grant modifications. Submission requirements for applications for such modifications shall be in accordance with subsection 903.2 as determined by the building official provided that references to the zoning board shall refer to the building official.
(A) A modification shall be granted for 15 percent or less of the dimensional requirements specified in this ordinance and may be requested for adjustments or deviations not exceeding 25 percent of any of the requirements of table 2, Dimensional Regulations, or dimensional or quantitative requirements of parking, signs, landscaping and other similar requirements of this ordinance (but excluding the moving of lot lines and lot area and density which are subject to the requirements of this ordinance).
(B) Upon an affirmative determination, in the case of a modification of five percent or less, the zoning enforcement officer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent, the zoning enforcement officer shall notify, by first class mail, all property owners abutting the property which is 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 that the modification will be granted unless written objection is received within 14 days of the public notice.
(C) If written objections is received within 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.
(D) If there are no objections within the specified time period as provided in subpart [subsection] (B) above, the building official shall render a decision no later than 14 days after the date of the public notice. The following determinations shall be made by the building official:
(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 does not require 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.
(E) If the petitioner is aggrieved by a decision of the building official, said petitioner may file an application for a dimensional variance to the zoning board of review in accordance with section 906.
(Ord. No. O-23-24, § I, 12-20-23)