The zoning officer is authorized to grant modification permits of up to and including fifteen percent (15%) of the literal dimensional requirements of this ordinance as follows:

A.

An application requesting a modification shall be submitted to the zoning officer for consideration describing the request and supported by any data and evidence as may be required by the zoning officer.

B.

Within ten (10) business days of the receipt of a request for a modification, the zoning officer shall make a decision as to the suitability of the requested modification based on the following determinations:

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 requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations;

4.

The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.

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. 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) calendar days of the public notice. If written objection is received within fourteen (14) calendar 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 this chapter. If no written objections are received within fourteen (14) days, the zoning officer shall grant the modification.

D.

The zoning officer may apply any special conditions to the permit as may, in the opinion of the officer, be requested to conform to the intent and purposes of the zoning ordinance.

E.

The zoning officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.

F.

Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

G.

Upon a negative determination of a modification application, the Zoning Officer shall refer the matter to the Zoning Board of Review to consider the application at the next available public hearing under the standard procedure for variances, including notice requirements provided for under Chapter 17.108.020 Variances.

(Ord. No. 2023-39, § 1, 12-13-2023)

A.

An application for relief from the literal requirements of a zoning ordinance because of a hardship may be made by any person, group, agency, or corporation by filing with the zoning officer an application describing the request and supported by any data and evidence as may be required by the zoning board of review or by the terms of the ordinance. The zoning officer shall immediately transfer each application received to the zoning board of review and a copy of each application to the planning board.

B.

The zoning board of review, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance, may request that the planning board and/or staff report its findings and recommendations, including a statement of the general consistency of the application with the goals and purposes of the comprehensive plan of the city, in writing, to the zoning board of review within thirty (30) days of receipt of the application from that board. The zoning board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in the city. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notices under GLRI §45-24-53. The notice shall also include the street address of the subject property. The same notice shall be posted in the city clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on their municipal home page of its website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of notification shall be borne by the applicant.

C.

In granting a variance, the zoning board of review, or the planning board where unified development review is appropriate, shall require that evidence to the satisfaction of the following standards is entered into the record of the proceedings:

1.

That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in GLRI §45-24-30(a)(16).

2.

That the hardship is not the result of any prior action of the applicant; and

3.

That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan upon which the ordinance is based.

The zoning board of review or the planning board where unified development review is appropriate, shall, in addition to the above standards, require that evidence is entered into the record of the proceedings showing that:

a.

In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring lands or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and

b.

In granting a dimensional variance, that the hardship suffered by the owner of the subject property if the dimensional variance is not granted amounts to more than a mere inconvenience meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief. The zoning board of review, or planning board where unified development review is enabled shall have the power to grant dimensional variances where the use is permitted by a special use permit.

D.

In granting a variance or in making any determination upon which it is required to pass after a public hearing under a zoning ordinance, the zoning board of review may apply special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan and the zoning ordinance of the city. Failure to abide by any special conditions attached to a grant constitutes a zoning violation. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:

1.

Minimizing the adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

2.

Controlling the sequence of development, including when it must be commenced and completed;

3.

Controlling the duration of use or development and the time within which any temporary structure may be removed;

4.

Assuring satisfactory installation and maintenance of required public improvements;

5.

Designating the exact location and nature of development; and

6.

Establishing detailed records by submission of drawings, maps, plats or specifications.

(Ord. No. 2023-39, § 1, 12-13-2023)

In granting a variance or in making any determination upon which it is required to pass after a public hearing under this zoning code, the zoning board of review may apply such special conditions that may, in the opinion of the zoning board of review, be required to promote the intent and purposes of the comprehensive plan and this zoning code. Failure to abide by the special conditions attached to a grant shall constitute a zoning violation. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:

A.

Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;

B.

Controlling the sequence of development, including when it must be commenced and completed;

C.

Controlling the duration of use or development and the time within which any temporary structure must be removed;

D.

Assuring satisfactory installation and maintenance of required public improvements;

E.

Designating the exact location and nature of development; and

F.

Establishing detailed records by submission of drawings, maps, plats, or specifications.

(Ord. No. 2023-39, § 1, 12-13-2023)