§ 45-24-46 - Special provisions – Modification.
SECTION 45-24-46
§ 45-24-46 Special provisions –Modification. – (a) A zoning ordinance may provide for the issuance of modifications oradjustments from the literal dimensional requirements of the zoning ordinancein the instance of the construction, alteration, or structural modification ofa structure or lot of record. If the ordinance allows modifications then thezoning enforcement officer is authorized to grant modification permits. Thezoning ordinance establishes the maximum percent allowed for a modification,which shall not exceed twenty-five percent (25%), of any of the dimensionalrequirements specified in the zoning ordinance. A modification does not permitmoving of lot lines. The zoning ordinance shall specify which dimensionalrequirements or combinations of these requirements are allowable under amodification. These requirements may differ by use or zoning district. Withinten (10) days of the receipt of a request for a modification, the zoningenforcement officer shall make a decision as to the suitability of therequested modification based on the following determinations:
(1) The modification requested is reasonably necessary forthe full enjoyment of the permitted use;
(2) If the modification is granted, neighboring property willneither be substantially injured nor its appropriate use substantially impaired;
(3) The modification requested is in harmony with thepurposes and intent of the comprehensive plan and zoning ordinance of the cityor town; and
(4) The modification requested does not require a variance ofa flood hazard requirement.
(b) Upon an affirmative determination, the zoning enforcementofficer shall notify, by registered or certified mail, all property ownersabutting the property which is the subject of the modification request, andshall indicate the street address of the subject property in the notice, andshall publish in a newspaper of general circulation within the city or townthat the modification will be granted unless written objection is receivedwithin thirty (30) days of the public notice. If written objection is receivedwithin thirty (30) days, the request for a modification shall be denied. Inthat case the changes requested will be considered a request for a variance andmay only be issued by the zoning board of review following the standardprocedures for variances. If no written objections are received within thirty(30) days, the zoning enforcement officer shall grant the modification. Thezoning enforcement officer may apply any special conditions to the permit asmay, in the opinion of the officer, be required to conform to the intent andpurposes of the zoning ordinance. The zoning enforcement officer shall keeppublic records of all requests for modifications, and of findings,determinations, special conditions, and any objections received. Costs of anynotice required under this subsection shall be borne by the applicantrequesting the modification.