§ 260-30

Modifications

A. (Reserved)
Editor's Note: Former Subsection A, Dimensional modifications, was superseded 10-26-2020 by Ch. No. 1997. For current provisions see Subsection B of this section.
B. Dimensional modifications. Modifications of up to 25% of the dimensional requirements of this Zoning Ordinance pertaining only to structures, yard setbacks, or parking requirements may be authorized by the Zoning Official. A modification shall not permit moving of lot lines, the modification of height, minimum lot size, minimum lot frontage or maximum amount of impervious surface.
[Amended 10-26-2020 by Ch. No. 1997]
C. Application. Application for a dimensional modification shall be submitted to the Zoning Official by the owner of the property or the owner's agent on forms provided by the Zoning Official, together with the pertinent application fee.
[Amended 10-26-2020 by Ch. No. 1997]
- (1) The Zoning Official shall have the authority to waive submission of any portion of the application. The Zoning Official's decision to waive submission of any portion of the application, or to deny a request to waive any required submission, may be appealed in accord with Article VIII, Appeals, of the Zoning Ordinance.
- (2) Each application for a dimensional modification shall, at a minimum, require the following items be submitted:
  - (a) The original application and two copies of a site plan prepared by, and signed and stamped by, a land use design professional, such as a professional engineer, land surveyor or architect licensed in the State of Rhode Island and to the extent allowed by their professional license, at a scale of not less than one inch equals 40 feet, clearly showing the following:
    - [1] Name and address of property owner(s);
    - [2] Date, North arrow, graphic scale, lot dimensions and area in square feet or acres;
    - [3] Plat and lot, zoning district(s) and front, side and rear yard setbacks;
    - [4] Existing and proposed structures, and their relationship and distances from lot boundary lines;
    - [5] FEMA flood hazard zone, wetlands and coastal features boundaries, if present;
    - [6] Existing and proposed driveways, parking areas and walkways;
    - [7] Existing and proposed landscaping, as it relates to the request;
    - [8] Existing streets, 911 address, wells, septic system; and
    - [9] Any peculiar site conditions or features.
  - (b) Three copies of a current list (show date) of all property owners directly abutting the subject property;
  - (c) Letter from a biologist indicating that there are no coastal or freshwater wetlands on or in proximity to the site. In cases where the application is regulated by the Rhode Island Freshwater Wetlands Act or the Rhode Island Coastal Resources Management Council ("CRMC"), a physical alteration permit issued by the Rhode Island Department of Environmental Management ("RIDEM") and, where applicable, the United States Army Corps of Engineers shall be required; and
  - (d) Where construction requires approval by RIDEM Office of Water Resources for an OWTS (on-site wastewater treatment system) or change of use permit for the proposed activity, attach a copy of the required application.
- (3) Each application form for a dimensional modification shall, at a minimum, require the following:
  - (a) Name and address of applicant, property owner, and lessee;
  - (b) Location of the lot given as the street address, tax assessor's plat and lot number, and 911 address;
  - (c) Zoning district the lot is located in;
  - (d) Dimensions of the lot, in feet, to include frontage, depth, and area;
  - (e) Present and proposed use of the lot;
  - (f) Identification of all structures on the lot, including their size in feet;
  - (g) How long the current owner has owned the lot;
  - (h) The year that the lot was platted and recorded;
  - (i) Whether the owner or applicant has received a Notice of Violation for this or any property in the Town of Westerly and the status of that alleged violation. If a Notice of Violation was issued, a copy is to be attached to the application.
  - (j) Whether you have submitted plans related to this request to the Zoning Official;
  - (k) Whether you have requested a permit related to this request and if so whether the permit has been refused. If the permit request was refused, a copy of the written denial is to be attached;
  - (l) The number of families to reside on the lot;
  - (m) A description of the proposed alterations;
  - (n) Identification of the section of the Zoning Ordinance under which this application is filed;
  - (o) A specific identification of the relief sought;
  - (p) A specific statement of the grounds for which the relief is sought;
  - (q) Identification of, and explanation for, the application submission(s) that the applicant seeks to have waived; and
  - (r) The application is to be signed by the applicant or owner.
D. Review and disposition. Within 10 days of receipt of a request for dimensional modification, the Zoning Official 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 Zoning Ordinance;
- (4) The modification requested does not require variance of a flood hazard requirement; and
- (5) The modification requested does not result in a violation of the Building Code.
E. Notice. Upon determining that the modification is appropriate, the Zoning Official shall notify the applicant who shall thereafter send by both first-class mail, postage prepaid and by certified mail, return receipt requested, a notice to all property owners abutting the property which is subject of the modification request, and such notice shall indicate the street address of the subject property in such notice which shall also be published in a newspaper of general circulation within Westerly that such a modification will be granted unless written objection is received within 30 days of such public notice or written notice by mail, whichever is later in time. Such notice shall be sent to the last known mailing address as shown on the current real estate tax assessment records and if such address is different from the property address, also to said property address by first-class mail, postage prepaid. Applicant or its legal representative shall file with the Zoning Official a notarized affidavit that the notice provisions have been complied with. If written objection is received within the 30 days, the request for a modification shall be denied. In that case, the modification requested will be considered a request for variance which must be submitted to the Zoning Board of Review and reviewed in accordance with § 260-33. If no written objection is received within the 30 days, the Zoning Official shall grant the modification. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.
F. Conditions. The Zoning Official may apply such conditions to the modification as may, in the opinion of the Official, be required to conform to the intent and purposes of this Zoning Ordinance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. Records/recording. The Zoning Official shall keep public records of all requests for modification, and of findings, determinations, special conditions, and any objections received and shall also record the decision evidencing the granting of any modification with the land records of the Town.