The city council shall appoint a board of adjustment consisting of five (5) members and up to five (5) alternates pursuant to RSA 673:3 for terms not to exceed three (3) years, with no more than two (2) members or (2) alternates being appointed in any one (1) year. Such members shall be removable by the city council upon written charges and after public hearing.

(Ord. No. 181, § 4-5.1, 4-12-78; Ord. No. 531, § 1, 4-10-2013)

The board of adjustment shall adopt rules to govern its proceedings in accordance with the provisions of this chapter, and the provisions of RSA Chapter 673, pertaining to zoning.

(Ord. No. 181, § 4-5.2, 4-12-78)

The duties and powers of the board of adjustment shall be as prescribed in RSA 674:33 to which specific reference is made and which are incorporated by reference herein.

(Ord. No. 181, § 4-5.3, 4-12-78)

Any person, aggrieved by an official action of the zoning board of adjustment may appeal such action in accordance with the provisions contained in RSA 677:1—677:18.

(Ord. No. 181, § 4-7, 4-12-78)

Variances and uses designated as special exceptions in any zoning district may be permitted only by approval by the zoning board of adjustment in accordance with the procedures and requirements of RSA 674:33, and the requirements of this chapter.

(Ord. No. 181, § 2-25.1, 4-12-78; Ord. No. 531, § 1, 4-10-2013)

Application for a variance or special exception permit shall be made in writing to the zoning board of adjustment. The board of adjustment may require that a plan of the proposed development be submitted as a part of the application showing the location of all buildings, parking areas, traffic access, open spaces, water supply and sewage disposal facilities, stormwater management, landscaping and any other information that may be necessary to determine if the proposed variance or special exception use is in harmony with the intent of this chapter and the orderly development of the area in which it is located.

(Ord. No. 181, § 2-25.1(a), 4-12-78; Ord. No. 531, § 1, 4-10-2013)

All applications for a special exception permit wherein a site plan is required shall be referred to the technical review committee or planning board, as may be applicable for review and recommendation, or, when appropriate, approval. In addition to documentation required in section 22-57, every applicant shall present to the technical review committee or planning board when it so requires, construction plans indicating nature, location and quantity of soundproofing materials to be used; results of manufacturer's tests of effectiveness of soundproofing materials to be used if available; nature and location, BTU capabilities and space effectiveness reports of air conditioning units to be used; distance in feet from abutters and nature of abutters use of land; placement and type of windows, location of entrances; and any and all plans and test reports that the technical review committee or planning board may require for their determination as to noise, vibration, light, or other potential nuisance created by such proposed uses. The report of the technical review committee or planning board shall be read into the minutes of the board of adjustment public hearing. Failure by the technical review committee or planning board to review and transmit their findings to the board of adjustment within thirty-five (35) days of the date of transmittal shall be deemed as a review or/and approval.

(Ord. No. 181, § 2-25.1(b), 4-12-78; Ord. No. 531, § 1, 4-10-2013)

Public hearings on an application for a variance or special exception shall be held in accordance with the provisions of RSA 676:5—676:7 and the rules and procedures adopted by the zoning board of adjustment.

(Ord. No. 181, § 2-25.1(c), 4-12-78; Ord. No. 531, § 1, 4-10-2013)

After a public hearing, the zoning board of adjustment shall grant the application, deny the application, return the application to the applicant for modification or continue the application to a subsequent meeting for further deliberation. Any action taken by the board of adjustment on an application for a variance or special exception permit must be accompanied by a written statement from the zoning board of adjustment describing how the variance or special exception requested fulfills or fails to fulfill the requirements for a variance or special exception pursuant to state law and this chapter.

(Ord. No. 181, § 2-25.1(d), 4-12-78; Ord. No. 531, § 1, 4-10-2013)

The planning board may recommend, and the zoning board of adjustment may impose, such conditions and restrictions as deemed necessary to meet the objectives of this chapter on any permit for a variance or special exception of this chapter.

(Ord. No. 181, § 2-25.1(e), 4-12-78)

A variance to the terms of the zoning code is authorized by the board of adjustment pursuant to RSA 674:33, I(b), provided that the board finds that all of the following conditions are met:

(1)

The variance will not be contrary to the public interest;

(2)

The spirit of the ordinance is observed;

(3)

Substantial justice is done;

(4)

That granting of the variance would not diminish the value of surrounding properties;

(5)

Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.

a.

Unnecessary hardship means that, owing to special conditions of the property that distinguish it from other properties in the area, (i) no fair and substantial relationship exists between the purposes of the provision from which relieve is sought and the specific application of that provision to the property, and (ii) the proposed use is a reasonable one.

b.

However, if the criteria in subsection (5)a above are not established, an unnecessary hardship will be deemed to exist if and only if, owing to special conditions of the property that distinguish it from other properties in the area, the property cannot be reasonably used in strict conformance with the ordinance and a variance is necessary to enable a reasonable use of the property. ^[3]

(Ord. No. 181, § 2-25.2, 4-12-78; Ord. No. 405, 11-8-00; Ord. No. 531, § 1, 4-10-2013)

(a)

The board of adjustment shall have the power to approve uses permitted by special exception, when specified by this chapter and subject to appropriate conditions and safeguards as stated below. The following considerations shall be considered when granting a special exception:

(1)

The specific site is an appropriate location for such a use;

(2)

Property values in the district will not be reduced by such a use;

(3)

No nuisance or unreasonable hazard shall result;

(4)

No adverse traffic impact will result from such a use;

(5)

Adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use, including water, sewer and parking;

(6)

No adverse impact on the view, light and air of any abutter will result;

(7)

The use will not place a disproportional burden on the city's operational services in comparison to the anticipated tax revenue associated with the property/use in question;

(8)

Such a use would not be detrimental to the public health, safety and general welfare; and

(9)

The specific use is in harmony with the general purpose and intent of this chapter and shall be in accordance with the general or specific rules contained in this chapter.

(b)

In approving a special exception, the board of adjustment may impose such additional conditions as it finds reasonably necessary to safeguard both adjacent properties and the neighborhood or otherwise serve the purposes of this chapter. Such conditions may include the following:

(1)

Increased lot area exceeding the minimum lot area required in a particular zone;

(2)

Increased front, side or rear yard setbacks;

(3)

Height limitations;

(4)

Parking requirements specific to use and location;

(5)

Appropriate screening, buffers or planting strips, fences or walls;

(6)

Modification of the exterior appearance of the structure;

(7)

Limitation upon the size of any buildings, number of occupants, method and time of operation, or extent of facilities;

(8)

Relocation of the driveway or change in driveway configuration;

(9)

Require the applicant to post a non-lapsing bond or otherwise reimburse the city for any services required which, as a result of frequency or intensity, place a disproportional burden on the operational services of the city in comparison to the tax revenue associated with the property/use in question. Such operational burdens may include, but are not limited to, substantial increases in the need for police patrols, responses or traffic details, inordinate fire/ambulance calls or inspections, or other requirements or needs that so burden the city's operational services; and

(10)

Other conditions attached to specific uses permitted by special exception under the provisions of this chapter.

(c)

Special exceptions for lot size, frontage, setbacks and height may be granted by the board of adjustment provided that the use of the structure is a permitted use, the above requirements are satisfied and any other requirements specified in this chapter are met.

(Ord. No. 181, § 2-25.3, 4-12-78; Ord. No. 423, 1-10-01; Ord. No. 430, 3-13-02; Ord. No. 531, § 1, 4-10-2013)

Pursuant to RSA 676:5, the board of adjustment may require the applicant to reimburse the board for expenses reasonably incurred by obtaining third party review and consultation as the board may determine is required to determine the impact of the proposal on the city's operations or its residents, provided that such review and consultation does not substantially duplicate a third party review and consultation obtained by the planning board for the same proposal.

(Ord. No. 531, § 1, 4-10-2013)

Until a zoning permit has been issued by the zoning administrator, none of the following may be commenced:

(1)

Erection, alteration, restoration, relocation, or demolition of any structure or part thereof.

(2)

New use of premises, facilities, structures or land.

(3)

Change or expansion of existing uses of or future approved premises, facilities, structures or land.

(4)

Development within the F-1, and F-2 districts.

(Ord. No. 181, § 4-3.1, 4-12-78; Ord. No. 236, § 3, 12-14-83)

Application for a zoning permit shall be made to the zoning administrator on the form furnished by him. Applications shall be signed by the owner, his agent or lessee and shall include the following:

(1)

Plans, drawn to scale and satisfactory to the zoning administrator, showing the actual shape, dimensions, and location of the land to be used, existing buildings, facilities, and structures, and planned alterations, and proposed construction.

(2)

Information as to the existing and intended uses of buildings and land or part thereof.

(3)

Copy of an approved site plan and/or subdivision plat (when applicable).

(4)

Copy of an approved driveway access permit (when applicable).

(Ord. No. 181, § 4-3.2, 4-12-78; Ord. No. 236, § 3, 12-14-83)

(a)

The zoning administrator shall determine whether an application for permit is in compliance with a permitted use. If the zoning administrator determines that it is, the application shall be approved and a zoning permit issued. The zoning administrator shall act upon any application within thirty (30) days after it has been filed.

(b)

The issuance of a zoning permit shall precede or be in conjunction with the issuance of a building permit.

(c)

A zoning permit shall become void if construction is not begun thereunder within twelve (12) months from the date of issuance of the permit. Permits may be extended once for no more than an additional twelve (12) months by the zoning administrator on receipt of a written request for extension at least fourteen (14) days prior to the expiration of the original permit.

(d)

Permits issued hereunder, unless expressly limited to the applicant by this chapter, shall be transferrable to a subsequent owner provided there is no change in use and the use has not been discontinued for more than twelve (12) consecutive months.

(e)

On approval by the board of adjustment of a variance or special exception, the zoning administrator shall issue a zoning permit or notice of decision as of the date of approval of the board of adjustment.

(Ord. No. 181, § 4-3.3, 4-12-78; Ord. No. 236, § 3, 12-14-83; Ord. No. 531, § 1, 4-10-2013)

The zoning administrator shall maintain a record for public inspection of all zoning permits, applications and approvals, including supporting documents and information.

(Ord. No. 181, § 4-3.4, 4-12-78; Ord. No. 236, § 3, 12-14-83)

It shall be unlawful to use or occupy or permit the use or occupancy of any structure or part thereof which is erected, converted, altered or enlarged after the effective date of this chapter without a certificate of occupancy. It shall be unlawful to use or occupy or permit the use or occupancy of land without a certificate of occupancy after the effective date of this chapter when a zoning permit is required by this chapter for such use or occupancy of land. A certificate of occupancy is not needed for normal repairs, maintenance, redecorating, or improvements provided there is no change or expansion in use.

(Ord. No. 181, § 4-4.1, 4-12-78)

The owner or his agent shall make application for a certificate of occupancy to the building inspector on a form provided by him. Prior to issuing a certificate of occupancy, the building inspector shall:

(1)

Have evidence from the zoning administrator that the use conforms with the requirements of city zoning and other applicable land use by-laws (site plan and subdivision review).

(2)

Determine that all construction and facilities comply with city building codes and all other applicable ordinances and regulations.

(Ord. No. 181, § 4-4.2, 4-12-78; Ord. No. 236, § 14, 12-14-83)

When the building inspector determines that the requirements for a certificate of occupancy in section 22-92 are essentially satisfied except for cosmetic requirements such as landscaping, seeding, or painting and that weather or other circumstances beyond control of the user prevent their immediate completion, the building inspector may issue a temporary certificate of occupancy. Temporary certificates of occupancy may be issued for a period not to exceed six (6) months.

(Ord. No. 181, § 4-4.3, 4-12-78)

(a)

Uses designated as conditional uses in any zoning district may be permitted only by approval by the planning board and only upon the granting of a conditional use permit by the planning board. Submittal criteria and process shall be that of the planning board.

(b)

The inability to meet any zoning district standard for a conditional use permit will require a variance from the zoning board of adjustment for that standard prior to the issuance of a conditional use permit.

(Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017)

In reviewing an application for a conditional use permit, the planning board shall consider the following granting criteria:

(1)

The compatibility with and impact on abutting uses and the surrounding neighborhood;

(2)

The proposed degree of renovation, if any;

(3)

The location's appropriateness for the proposed development or conversion;

(4)

The provision or availability of adequate parking;

(5)

The impact on vehicular and pedestrian safety;

(6)

The provision of appropriate related services and facilities;

(7)

The consistency with the intent and spirit of Claremont's Master Plan; and

(8)

The provision of adequate transportation, water, sewerage and other public requirements, including handicapped accessibility;

(9)

Other criteria as may be appropriate based on the specific nature of the application.

(10)

For proposed accessory dwelling units, the planning board:

a.

May request or require of an applicant a building and site drawing of sufficient detail to enable the planning board to ascertain whether the proposed accessory dwelling unit would be compatible with the character of the neighborhood, and;

b.

Shall find that all requirements set forth in section 22-513 and as stipulated for the relevant zoning district(s) shall be met.

In reviewing each application, the planning board reserves the right to condition the use, time of operation, the size, location, or setbacks of the buildings, or any other component of the facility or use that is necessary to protect the integrity of the surrounding neighborhood and the city as a whole.

(Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017)