§ 705. Modification Permits

A. Purpose. Modification Permits are intended to offer an administrative application and review process for deviations from the literal dimensional requirements of this Ordinance in the case of construction, alteration, or structural modification.

B. Standards.

1. A Modification may be granted pursuant to this Section, which allows a deviation of up to twenty-five percent (25%) from any yard requirements (front yard, side yard, rear yard) of any zoning district.

2. In no case, however, shall a Modification be granted which allows a yard depth which is not at least ten (10) feet.

3. A Modification shall not permit moving of any lot line.

4. A Modification may not be granted for a substandard lot of record which is also given a proportionate front, rear or side yard reduction under the provisions of Section 113E. (Amended October 21, 2009)

C. Procedure.

1. Application. The applicant shall submit two (2) copies of the application, including all plans, documentation and fees, to the Building Official, in accordance with the provisions of Section 706(B), Submittal Requirements. (Amended October 21, 2009)

2. Review. Within ten (10) days of receipt of a complete application for a Modification, the Building Official shall make a decision as to the suitability of the requested Modification based on the following determinations: (Amended October 21, 2009)

a. The Modification requested is reasonably necessary for the full enjoyment of the use;

b. If the Modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

c. The Modification requested is in harmony with the purposes and intent of the Comprehensive Plan and Zoning Ordinance of the Town; and

d. The Modification requested does not require a variance of a flood hazard requirement.

3. Suitability and Notice. The Building Official shall notify the applicant, by regular, First Class mail, as to the decision of suitability of the requested Modification(s) based on the above determinations. (Amended October 21, 2009)

a. If the Modification request is not deemed suitable based on the above determinations, the Building Official shall indicate the reasons for such, and submit the application to the Zoning Board of Review as an application for a Variance pursuant to Section 706, Variance. (Amended October 21, 2009)

b. Upon an affirmative determination of the points in Subsection (C)(2) of this Section, the applicant to notify all property owners abutting the property which is the subject of the Modification request.

(1) Such notice shall include the name of the owner of record, and Assessor's Plat and Lot number(s) of the subject property.

(2) Such notice shall include a description of the location of the subject property.

(3) Such notice shall include a description of the Modification request which shall include the extent of modification requested and a description of the proposed structure, including its proposed use, which requires the Modification.

(4) Such notice shall be sent by certified mail, return receipt. Proof of mailing shall be established by the applicant's filing, within five (5) days of the commencement of the comment period, an affidavit of such notice, including an affidavit that both the owner of the subject property and the applicant have also received a copy of such notice, and the receipts of mailing and return receipts.

(5) Such notice shall indicate that the Modification will be granted unless written objection is received within thirty (30) days of the notice date.

(6) Such notice shall also be published in a newspaper of general circulation in the Town.

4. Review and Disposition.

a. If any written objection is received within thirty (30) days, the request for the Modification shall be denied. In that case, the application shall be referred to the Zoning Board of Review as a request for a Variance pursuant to Section 706, Variance, and may only be granted by the Zoning Board of Review.

b. If no written objections are received within thirty (30) days, the Building Official shall grant the Modification request. In that case, the Modification Permit shall be issued to the applicant by certified mail, return receipt. (Amended October 21, 2009)

5. Conditions. The Building Official may apply such special conditions to the Modification Permit as may, in the opinion of the Building Official, be required to conform to the intent and purposes of this Ordinance. Appeals from such conditions imposed by the Building Official may be made to the Zoning Board of Review pursuant to Section 709, Appeals. (Amended October 21, 2009)

D. Records. The Building Official shall keep public records of all requests for Modifications, and of findings, determinations, special conditions, and any objections received. (Amended October 21, 2009)

E. Costs. All application fees and costs of notice shall be borne by the applicant requesting the Modification.