Chapter 18.59
MODIFICATIONS
18.59.010 Authority.
18.59.020 Modifications permitted.
18.59.030 Procedure.
18.59.040 Criteria for approval.
18.59.050 Records to be kept.
18.59.010 Authority. The zoning enforcement officer is authorized to issue permits to modify the minimum yard requirements and maximum lot cover requirements of this Title if he or she finds that the criteria in this Chapter are satisfied.
(Ord. dated 11-19-13)
18.59.020 Modifications permitted.
A. The modifications the zoning enforcement officer is authorized to make, and the degree to which he or she may modify a required dimension of a principal structure, are shown in the following table. More than one dimensional requirement may be modified on the same property.
|
|
R-3 |
R-2 |
R-1 |
NB |
SV |
GB |
LI |
I | Maximum modification allowed |
| Front yard | 50 ft | 50 ft | 40 ft | 20 ft | 10 ft | 20 ft | 50 ft | 50 ft | 25% |
| Side yard | 35 ft | 35 ft | 35 ft | 35 ft | 10 or 25 ft* | 35 ft | 35 ft | 35 ft | 25% |
| Rear yard | 100 ft | 100 ft | 60 ft | 60 ft | 30 or 50 ft* | 50 ft | 100 ft | 100 ft | 25% |
| Lot coverage | 10% | 10% | 15% | 25% | 25% | 25% | 30% | 30% | 10% |
*Required lot dimensions vary with availability of public water supply. See section 18.20.010.
B. The zoning enforcement officer is authorized to modify the required rear and side yard dimensions for accessory structures in the R1, R2, R3, NB, SV, GB, LI, and I zoning districts by no more than twenty-five percent (25%).
(Ord. dated 11-19-13; Ord. dated 8-12-14)
18.59.030 Procedure for issuing permit.
A. An applicant for a modification permit shall complete an application form obtained from the zoning enforcement officer. The zoning enforcement officer shall have the authority to ask the applicant to submit whatever additional information is required for a determination. The fee is in Chapter 3.06 of the Code of Ordinances.
B. Within ten days of the day an application for a modification is received, the zoning enforcement officer shall determine whether to grant the requested modification.
C. If the zoning enforcement officer decides to issue the modification permit, the applicant shall provide notice by certified and regular mail to abutting property owners, as that term is defined in Chapter 18.08 of this Title, and shall publish the notice in a newspaper of general circulation in Richmond. The notice shall describe the modification, shall include the street address of the property as well as the plat and lot number and shall say that the modification will be approved unless written objection is received from an abutter within thirty (30) days of the date the newspaper advertisement appears.
D. If no written objection is received from an abutter within thirty (30) days, the zoning enforcement officer shall grant the modification permit. The zoning enforcement officer may apply any condition to the permit that may in his or her opinion be required to ensure that the modification conforms to the intent and purpose of the zoning ordinance.
E. If written objection is received within thirty (30) days, the zoning enforcement officer shall not have the authority to issue the modification permit, but the applicant may apply to the zoning board of review for a dimensional variance. The application fee paid for the modification permit shall be credited toward the application fee for the variance.
(Ord. dated 11-19-13; Ord. dated 8-12-14)
18.59.040 Criteria for approval. The modification may be approved only if the zoning enforcement officer finds that the following criteria are satisfied:
A. The modification is reasonably necessary for the full enjoyment of a permitted use.
B. The modification will not substantially injure neighboring property or substantially impair its appropriate use.
C. The modification is in harmony with the purposes and intent of the comprehensive plan and zoning ordinance.
D. The property for which the modification is sought is not a special permit use, is not a legal nonconforming use, and is not located in the flood hazard overlay district.
(Ord. dated 11-19-13)
18.59.050 Records to be kept. The zoning enforcement officer shall maintain records of all applications received, notices sent, advertisements placed, permits issued, and objections received. The records shall be public records.
(Ord. dated 11-19-13)
REFERENCES
R.I. Gen. Laws § 45-24-46.