10 - AMENDMENTS
(a)
Power to Amend. In accordance with RSA 674:16, Grant of Power, the City Council may, from time to time, amend, supplement, or repeal the provisions of this ordinance.
(b)
Types of Amendments. Proposals may be initiated to amend the text of the several articles that comprise this ordinance, or to amend the Zoning Map as established in Section 28-2-3, The Zoning Map, of this ordinance.
(c)
Initiation of Amendments. Any City Board or Commission, the City Administration, one or more citizens of Concord, or one or more owners of property in Concord may request that an amendment to this ordinance be initiated by the City Council.
(a)
Proposed Amendments to the Text of This Ordinance. A proposal to amend the text of this ordinance which has no effect on district boundaries or classifications, shall be accompanied by maps, data, and narrative information describing the nature and purpose of the proposed amendment, as follows:
(1)
A description of the provisions and regulations proposed to be inserted and/or deleted in the text of this ordinance;
(2)
A statement of the purpose and intent of the proposed amendment;
(3)
A statement of the effect of the proposed amendment on the City's economy, environment, municipal services, municipal facilities, and neighborhoods;
(4)
Where the proposed amendment introduces a use into a district in which such use is not currently authorized in this ordinance, a map showing the existing zoning districts that will be affected by the amendment; and
(5)
Where an amendment is proposed by a citizen or property owner, the names, addresses, and telephone numbers of those making the request and of the agents and representatives of the same.
(b)
Proposed Amendments to the Zoning Map. A proposal to amend this ordinance in a manner which affects a zoning district boundary, or which would create a new base or overlay district, or which would result in all or part of a zoning district being reclassified to another zoning district, shall be accompanied by maps, data, and narrative information describing the location, nature, and purpose of the proposed amendment, as follows:
(1)
A description of the area for which the amendment is proposed;
(2)
A statement of the purpose and intent of the proposed amendment;
(3)
A map showing existing zoning districts, and the changes and modifications to these districts as proposed in the amendment;
(4)
An evaluation of the effect of the proposed amendment within the affected district(s) and on existing adjacent neighborhoods;
(5)
A statement of the effect of the proposed amendment on the City's economy, environment, municipal services, and municipal facilities; and
(6)
Where an amendment is proposed by a citizen or property owner, the names, addresses, and telephone numbers of those making the request and of the agents and representatives of the same.
(a)
Referral of the Amendment for Reports. Upon receipt of a proposal for an amendment to this ordinance, the City Council may refer the proposed amendment to the Planning Board for a report except in the case where the Board is the initiator of the amendment.
(b)
Setting of a Hearing Date. Once a report has been received, the City Council must decide whether to give further formal consideration to a proposed amendment. Prior to taking any action on the adoption of a proposed amendment, the City Council shall hold a public hearing on the amendment consistent with the notification requirements of RSA 675:7, Notice Requirements for Public Hearing.
(c)
Preparation of a Draft Ordinance. The City Solicitor, with the assistance of the Community Development Department, shall prepare a draft ordinance in an appropriate format for any proposed amendment that the City Council decides to formally consider and hold a hearing thereon.
(d)
Action on the Proposed Amendment. After receiving all reports and holding a duly noticed public hearing on a proposed amendment, the City Council shall adopt or reject the amendment by a majority vote, except that a favorable vote of two-thirds (⅔) of the members present shall be required in the event that a protest petition has been filed against the proposed amendment in accordance with RSA 675:5, Zoning Ordinance Protest Petition.
(e)
Publication of the Amended Ordinance. Upon receipt of a copy of an amendment to the text of the ordinance, as adopted by the City Council and attested by the City Clerk, the Deputy City Manager for Development, or their designee, shall cause the text of this ordinance to be duly revised to reflect the amendment in all subsequent publications of this ordinance.
(f)
Revision of the Zoning Map. Upon receipt of a copy of an amendment to the Zoning Map, as adopted by the City Council and attested by the City Clerk, the City Engineering Division shall cause the Zoning Map to be duly revised to reflect the amendment including a notation of the date that the amendment became effective. A copy of the superseded Zoning Map shall be retained for the purpose of verification of any nonconformities created by the amendment.
(Ord. No. 3166, § XXII, 7-8-24)
The Planning Board shall provide to the City Council a report on each proposed amendment to this ordinance which is referred to the Board by the City Council. The report of the Planning Board shall include the Board's findings and recommendations on the following:
(a)
The consistency of the proposed amendment with the Master Plan;
(b)
The consistency of the proposed amendment with other plans, studies, or technical reports prepared by or for the Board and the City;
(c)
The effect of the proposed amendment on the City's municipal services, capital facilities, and planned facilities as described in the Capital Improvements Program;
(d)
The effect of the proposed amendment on the natural, environmental, and historic resources of the City;
(e)
The effect of the proposed amendment on neighborhoods including the extent to which nonconformities will be created or eliminated;
(f)
The effect of the proposed amendment on the City's economy and fiscal resources; and
(g)
The recommendation of the Planning Board relative to whether the proposed amendment should be adopted or rejected, and any recommendations for conditions of adoption or modifications to the proposed amendment.
Applications for approval of subdivisions or site plans that have been formally accepted for consideration by the Planning Board pursuant to RSA 676:4, Board's Procedure on Plats, prior to the first legal notice of an amendment to this ordinance in accordance with this article, shall not be subject to the withholding of building permits in accordance with RSA 676:12, Building Permits to be Withheld in Certain Cases. Upon passage of an amendment to this ordinance in accordance with this article, certain previously approved subdivisions and site plans may be exempt from the terms of the amendment for a period of up to four (4) years in accordance with the provisions of RSA 674:39, Four-Year Exemption.
10 - AMENDMENTS
(a)
Power to Amend. In accordance with RSA 674:16, Grant of Power, the City Council may, from time to time, amend, supplement, or repeal the provisions of this ordinance.
(b)
Types of Amendments. Proposals may be initiated to amend the text of the several articles that comprise this ordinance, or to amend the Zoning Map as established in Section 28-2-3, The Zoning Map, of this ordinance.
(c)
Initiation of Amendments. Any City Board or Commission, the City Administration, one or more citizens of Concord, or one or more owners of property in Concord may request that an amendment to this ordinance be initiated by the City Council.
(a)
Proposed Amendments to the Text of This Ordinance. A proposal to amend the text of this ordinance which has no effect on district boundaries or classifications, shall be accompanied by maps, data, and narrative information describing the nature and purpose of the proposed amendment, as follows:
(1)
A description of the provisions and regulations proposed to be inserted and/or deleted in the text of this ordinance;
(2)
A statement of the purpose and intent of the proposed amendment;
(3)
A statement of the effect of the proposed amendment on the City's economy, environment, municipal services, municipal facilities, and neighborhoods;
(4)
Where the proposed amendment introduces a use into a district in which such use is not currently authorized in this ordinance, a map showing the existing zoning districts that will be affected by the amendment; and
(5)
Where an amendment is proposed by a citizen or property owner, the names, addresses, and telephone numbers of those making the request and of the agents and representatives of the same.
(b)
Proposed Amendments to the Zoning Map. A proposal to amend this ordinance in a manner which affects a zoning district boundary, or which would create a new base or overlay district, or which would result in all or part of a zoning district being reclassified to another zoning district, shall be accompanied by maps, data, and narrative information describing the location, nature, and purpose of the proposed amendment, as follows:
(1)
A description of the area for which the amendment is proposed;
(2)
A statement of the purpose and intent of the proposed amendment;
(3)
A map showing existing zoning districts, and the changes and modifications to these districts as proposed in the amendment;
(4)
An evaluation of the effect of the proposed amendment within the affected district(s) and on existing adjacent neighborhoods;
(5)
A statement of the effect of the proposed amendment on the City's economy, environment, municipal services, and municipal facilities; and
(6)
Where an amendment is proposed by a citizen or property owner, the names, addresses, and telephone numbers of those making the request and of the agents and representatives of the same.
(a)
Referral of the Amendment for Reports. Upon receipt of a proposal for an amendment to this ordinance, the City Council may refer the proposed amendment to the Planning Board for a report except in the case where the Board is the initiator of the amendment.
(b)
Setting of a Hearing Date. Once a report has been received, the City Council must decide whether to give further formal consideration to a proposed amendment. Prior to taking any action on the adoption of a proposed amendment, the City Council shall hold a public hearing on the amendment consistent with the notification requirements of RSA 675:7, Notice Requirements for Public Hearing.
(c)
Preparation of a Draft Ordinance. The City Solicitor, with the assistance of the Community Development Department, shall prepare a draft ordinance in an appropriate format for any proposed amendment that the City Council decides to formally consider and hold a hearing thereon.
(d)
Action on the Proposed Amendment. After receiving all reports and holding a duly noticed public hearing on a proposed amendment, the City Council shall adopt or reject the amendment by a majority vote, except that a favorable vote of two-thirds (⅔) of the members present shall be required in the event that a protest petition has been filed against the proposed amendment in accordance with RSA 675:5, Zoning Ordinance Protest Petition.
(e)
Publication of the Amended Ordinance. Upon receipt of a copy of an amendment to the text of the ordinance, as adopted by the City Council and attested by the City Clerk, the Deputy City Manager for Development, or their designee, shall cause the text of this ordinance to be duly revised to reflect the amendment in all subsequent publications of this ordinance.
(f)
Revision of the Zoning Map. Upon receipt of a copy of an amendment to the Zoning Map, as adopted by the City Council and attested by the City Clerk, the City Engineering Division shall cause the Zoning Map to be duly revised to reflect the amendment including a notation of the date that the amendment became effective. A copy of the superseded Zoning Map shall be retained for the purpose of verification of any nonconformities created by the amendment.
(Ord. No. 3166, § XXII, 7-8-24)
The Planning Board shall provide to the City Council a report on each proposed amendment to this ordinance which is referred to the Board by the City Council. The report of the Planning Board shall include the Board's findings and recommendations on the following:
(a)
The consistency of the proposed amendment with the Master Plan;
(b)
The consistency of the proposed amendment with other plans, studies, or technical reports prepared by or for the Board and the City;
(c)
The effect of the proposed amendment on the City's municipal services, capital facilities, and planned facilities as described in the Capital Improvements Program;
(d)
The effect of the proposed amendment on the natural, environmental, and historic resources of the City;
(e)
The effect of the proposed amendment on neighborhoods including the extent to which nonconformities will be created or eliminated;
(f)
The effect of the proposed amendment on the City's economy and fiscal resources; and
(g)
The recommendation of the Planning Board relative to whether the proposed amendment should be adopted or rejected, and any recommendations for conditions of adoption or modifications to the proposed amendment.
Applications for approval of subdivisions or site plans that have been formally accepted for consideration by the Planning Board pursuant to RSA 676:4, Board's Procedure on Plats, prior to the first legal notice of an amendment to this ordinance in accordance with this article, shall not be subject to the withholding of building permits in accordance with RSA 676:12, Building Permits to be Withheld in Certain Cases. Upon passage of an amendment to this ordinance in accordance with this article, certain previously approved subdivisions and site plans may be exempt from the terms of the amendment for a period of up to four (4) years in accordance with the provisions of RSA 674:39, Four-Year Exemption.