(a)

Generally. Consistent with the Code of Ordinances of the City of Concord and the New Hampshire Revised Statutes Annotated, the City shall establish or designate such boards, commissions, committees, and departments as may be necessary for the administration and enforcement of this ordinance. Such boards and departments shall have the authority, powers, and duties as conferred or imposed by this ordinances, the Code of Ordinances, and the New Hampshire RSAs.

(b)

City Departments. Among the several City Departments created pursuant to Article 30-2, Municipal Departments, of the Code of Ordinances, the Community Development Department has been assigned primary responsibility for the administration and enforcement of this ordinance.

(c)

City Boards. The following City boards, commissions, and committees have been established or designated to have specific administrative powers and duties within this ordinance:

(1)

Zoning Board of Adjustment (ZBA). Pursuant to RSA 673, Local Land Use Boards, a ZBA shall be established, consisting of five (5) members and up to five (5) alternate members, all appointed pursuant Section 30-3-9, Zoning Board of Adjustment, of the Code of Ordinances. Alternate members may fulfill the duties and responsibilities of a regular member when a regular member is disqualified from consideration of a particular application. On an annual basis, the ZBA shall elect a chairman and other officers from among its membership. The ZBA shall adopt, and from time to time amend, rules of procedure for the conduct of its business. The rules of procedure shall establish a regular meeting schedule in order to allow for the expeditious consideration of appeals.

(2)

Planning Board. Pursuant to RSA 673, Local Land Use Boards, and Section 30-3-6, Planning Board, of the Code of Ordinances, a Planning Board has been established consisting of nine (9) members and up to two (2) alternate members, appointed in accordance with said authority. The Planning Board has promulgated and adopted rules of organization and procedure.

(3)

Heritage Commission. Pursuant to RSA 673, Local Land Use Boards, and Section 30-3-11, Heritage Commission, of the Code of Ordinances, a Heritage Commission has been established consisting of seven (7) members, appointed in accordance with said authority. The Heritage Commission was designated to assume the duties of the historic district commission, and has promulgated and adopted rules of organization and procedure.

(4)

Design Review Committee. A Design Review Committee has been established by the Planning Board for the purpose of providing advice to the Board relative to conformance of development applications with compatibility standards of this ordinance and Architectural Design Guidelines as adopted by the Board as part of the Site Plan Review Regulations. The Design Review Committee is appointed by the Planning Board.

(5)

Technical Review Committee. In accordance with the provisions of RSA 674:43, Power to Review Site Plans, a Technical Review Committee is hereby authorized for the purpose of providing professional and technical review of applications for minor site plans and granting approval, or approval with conditions, or denying such applications. The Planning Board shall appoint the Technical Review Committee with the membership selected from among the professional staff of the Community Development Department.

(a)

Administration and Interpretation of Ordinance. It shall be the duty of the Deputy City Manager for Development, or their designee, to administer the provisions of this ordinance, and to interpret this ordinance for the purpose of determining the compliance of existing or proposed buildings, structures, and other development applications with the provisions thereof.

(b)

Issuance of Building Permits. In conjunction with administrative duties in accordance with the Building Code relative to the issuance of building permits, the Deputy City Manager for Development, or their designee, is hereby empowered to require that an applicant for a building permit submit application forms and supporting documentation which is deemed reasonably necessary by the Deputy City Manager for Development, or their designee, in order to make findings of compliance with the provisions of this ordinance. No building permit shall be issued until all approvals required in conjunction with this ordinance are secured by the applicant. Such approvals may include, but shall not be limited to, special exceptions, variances, conditional use permits, architectural design approvals, site plan approvals, subdivision approvals, or certificates of approval. Verification of such approvals and compliance with all associated conditions imposed pursuant to the approvals shall be made by the Deputy City Manager for Development, or their designee, prior to issuance of a building permit.

(c)

Issuance of Sign Permits. The Deputy City Manager for Development, or their designee, is empowered to issue permits for the erection and placement of signs in accordance with the requirements of Article 28-6, Sign Regulations, of this ordinance, and with the applicable provisions of the Building Code and Electrical Code.

(d)

Issuance of Temporary Use Permits. The Deputy City Manager for Development, or their designee, is empowered to issue permits for the following events and temporary activities:

(1)

Yard Sales. The holding of a public sale of personal property by the resident of a dwelling from the dwelling unit or its accessory building or yard in any district, provided that the length of time of such sale shall not exceed a period of four (4) days in any one calendar year;

(2)

Special Events. Special promotion signs and banners for public, neighborhood, or institutional events occurring within or relating to the City of Concord provided such signs shall be displayed only for a period of one week prior to the event described thereon and shall be removed after the completion of the event;

(3)

Temporary Use of a Manufactured Home. The use of a manufactured home on the same lot as, and temporarily in lieu of, a single-family residence which has been rendered uninhabitable by fire, explosion or other accidental or natural disaster. Such manufactured home shall be permitted on the lot subject to State and municipal requirements for water supply and sewage disposal. A manufactured home which is placed on a lot under this provision shall not attain the status of a vested nonconforming use, and shall be removed from the premises upon completion of repairs to the single-family residence, or the issuance of a Certificate of Occupancy, or within twelve (12) months, whichever occurs first;

(4)

Carnivals. A carnival or lawn party operated by an educational, religious or philanthropic organization for a period not exceeding five (5) days in any one year; and

(5)

Outdoor Sale of Agricultural Goods. In nonresidential districts, the outdoor sale by local growers and producers of seasonally available agricultural goods such as vegetables, flowers, fruits, maple syrup, and the like, for those periods of the year when such locally raised goods are available. Such outdoor sale shall be limited to areas with appropriate space for any related stands and displays and shall be in areas free of traffic hazards and with sufficient available parking.

(Ord. No. 3166, § XIX, 7-8-24)

(a)

Generally. In accordance with the powers granted by RSA 674:33, Powers of the Zoning Board of Adjustment, the ZBA shall hold hearings and make decisions on the following:

(1)

Appeals of decisions of the Deputy City Manager for Development, or their designee;

(2)

Applications for special exceptions under the terms of this ordinance;

(3)

Appeals for variances from the terms of this ordinance;

(4)

Appeals of determinations of the Planning Board which are based on the terms of this ordinance, in accordance with RSA 676:5, Appeals to the Board of Adjustment;

(5)

Appeals of decisions of the Heritage Commission, in accordance with RSA 677:17, Appeal When Zoning Ordinance Exists;

(6)

Applications for equitable waivers of dimensional requirements pursuant to the provisions of RSA 674:33-a, Equitable Waiver of Dimensional Requirement;

(7)

Appeals for permits for construction of buildings within the mapped lines of a street shown on an official street in accordance with RSA 674:13, Appeals Where There is a Zoning Ordinance; and

(8)

Appeals for the construction of buildings on lots without frontage on a street, pursuant to RSA 674:41, Erection of Buildings on Streets; Appeals.

(b)

Special Exceptions.

(1)

Consideration Where Authorized. The ZBA shall hear and decide applications for special exceptions that are specifically authorized in Section 28-2-4, Allowable Principal and Accessory Uses in Zoning Districts, of this ordinance, or otherwise in this ordinance.

(2)

Requisite Findings. The ZBA shall grant an application for a special exception only where it confirms in writing each of the following findings:

a.

The requested use is specifically authorized in this ordinance;

b.

The requested use will not create undue traffic congestion or unduly impair pedestrian safety;

c.

The requested use will not overload any public or private water, drainage, or sewer system or any other municipal system, nor will there be any significant increase in storm water runoff onto adjacent property or streets;

d.

The requested use will not create excessive demand for municipal police, fire protection, schools, or solid waste disposal services;

e.

Any requirements and standards for the use as set forth in Article 28-5, Supplemental Standards, of this ordinance are fulfilled;

f.

Where the special exception is related to a nonconforming use or structure, the requirements and standards as set forth in Section 28-8-4(b), Change from One Nonconforming Use to Another by Special Exception, or Section 28-8-5(c), Replacement of Nonconforming Structures That Have Been Destroyed, or Section 28-8-5(d), Removal and Replacement of Certain Nonconforming Residential Structures, of this ordinance, are fulfilled;

g.

The requested use will not create hazards to the health, safety, or general welfare of the public, nor be detrimental to the use of or out of character with the adjacent neighborhood;

h.

The proposed location is appropriate for the requested use; and

i.

The requested use is consistent with the spirit and intent of this ordinance and the Master Plan.

(3)

Burden of Persuasion. The applicant bears the burden of presenting evidence sufficient to allow the ZBA to make findings required to support the granting of a special exception.

(4)

Stipulations of Approval. In granting a special exception, the ZBA may attach conditions as it deems necessary to assure compliance with the purposes of this ordinance. Such conditions may include but are not limited to the following:

a.

Increasing the lot size or yard dimensions;

b.

Limiting the lot coverage or building height;

c.

Specifying the location and limiting the number of vehicular access points to the property;

d.

Requiring additional on-site parking or loading spaces;

e.

Requiring additional landscaping and screening;

f.

Limiting the number of occupants of a building, and the methods and times of operation of a use;

g.

Restricting the number, size, and illumination of signs;

h.

Modifying the exterior appearance of a building; and

i.

Providing for specific locations or layout of facilities on the property.

(5)

Expiration of a Special Exception. If the use or construction so authorized by the granting of a special exception has not commenced within a two-year period from the date of the decision of the ZBA, or in the event of an appeal to the courts of the special exception or the project to which it relates, within a two-year period from the date of the judgment of the court, then the special exception shall be deemed to have expired and the ZBA's decision rendered null and void. Upon request, submitted prior to the date of expiration, the ZBA may extend the period of validity of a special exception for one additional year provided that the applicant presents evidence of a good faith effort made to commence the use or construction so authorized by special exception, that the delay in commencement was beyond the applicant's control, and that the circumstances relating to the property and the surrounding neighborhood have not changed substantially since the date of the original decision. Once an extension has been granted, should the use or construction so authorized by special exception not be commenced within the one-year extension period, then the special exception shall be deemed to have expired and the ZBA's decision rendered null and void.

(6)

Abandonment or Discontinuance of a Special Exception. If after commencement, a special exception is abandoned or discontinued for a period of two (2) years, or it is supplanted by another use, then the special exception shall be deemed to have expired and cannot be re-established without a new application process and the affirmative decision of the ZBA.

(c)

Variances.

(1)

Consideration of Appeals. Upon submission of an appeal, the ZBA may authorize a variance from the terms of this ordinance for a particular use, a parcel of land, an existing building, or a proposed building.

(2)

Requisite Findings. The ZBA may authorize a variance from this ordinance only where the record supports the following:

a.

Special circumstances exist such that an unnecessary hardship would be imposed by a literal application and enforcement of the provisions of this ordinance, and the circumstances which create this hardship are that the provisions of this ordinance interfere with the reasonable use of the property considering the unique setting of the property in its environment, that no fair and substantial relationship exists between the general purposes of the ordinance and the specific provisions affecting the property, and that the variance would not injure the public or private rights of others;

b.

The relief sought is the minimum necessary to result in reasonable use of the property;

c.

Authorization of a variance will not be contrary to the public interest;

d.

The spirit of this ordinance shall be observed and substantial justice done in the authorization of a variance; and

e.

No diminution in the value of surrounding properties would be suffered as a result of the authorization of a variance.

(3)

Additional Findings Required in the Flood Hazard (FH) District. Where a variance is requested from the provisions of Section 28-3-2, Flood Hazard (FH) District, of this ordinance, the ZBA may grant a variance as authorized by RSA 674:33, I (b), and in accordance with the following:

a.

The applicant shall have the burden of demonstrating the following criteria in addition to those required under state law and pursuant to Section 28-9-3(c)(2):

1.

The variance will not result in increased flood heights of any magnitude, additional threats to public safety, fraud on or victimization of the public; or extraordinary public expense;

2.

The issuance of the variance will not conflict with other State, Federal or local laws or Ordinances;

3.

If the requested variance is for activity within a floodway, no increase in flood levels during the base flood discharge will result; and

4.

The variance is the minimum necessary, considering the flood hazard, to afford relief.

b.

The Zoning Board of Adjustment shall notify the applicant in writing that:

1.

The issuance of a variance to construct below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

2.

Such construction below the base flood elevation increases risks to life and property.

c.

The Zoning Administrator shall maintain a written record of all variance actions, including the justification for their issuance.

(4)

Burden of Persuasion. The applicant bears the burden of presenting evidence sufficient to allow the ZBA to reach conclusions and make findings to support the authorization of a variance.

(5)

Stipulations of Authorization. In authorizing a variance, the ZBA may impose such conditions and stipulations as it deems necessary and proper in order to fulfill the purposes and intents of this ordinance. In granting a variance from the provisions of Section 28-3-2, Flood Hazard (FH) District, of this ordinance, the ZBA shall notify the applicant in writing that construction below the required elevation will result in the following:

a.

Increased premium rates for flood insurance; and

b.

Increased risk to life and property.

(6)

Expiration of a Variance. If the use or construction so authorized by a variance has not commenced within a two-year period from the date of the decision of the ZBA, or in the event of an appeal to the courts of the variance or the project to which it relates, within a two-year period from the date of the judgment of the court, then the variance shall be deemed to have expired and the ZBA's authorization shall be considered null and void. Upon request, submitted prior to the date of expiration, the ZBA may extend the period of validity of a variance for one additional year provided that the applicant presents evidence of a good faith effort made to commence the use or construction so authorized by the variance, that the delay in commencement was beyond the applicant's control, and that the circumstances relating to the property and the surrounding neighborhood have not changed substantially since the date of the original decision. Once an extension has been granted, should the use or construction so authorized by a variance not be commenced within the one-year extension period, then the variance shall be deemed to have expired and the ZBA's decision rendered null and void.

(7)

Abandonment or Discontinuance of a Variance. If after commencement, a variance is abandoned for a period of two (2) years, or otherwise replaced by a conforming use, then the variance shall be deemed to have expired and cannot be re-established without a new application process and affirmative decision of the ZBA.

(d)

Administrative Appeals.

(1)

Consideration of Appeals. The ZBA shall hear and decide appeals where it alleged that there is an error in any order, requirement, decision, or determination by the Deputy City Manager for Development, or their designee, in the administration of this ordinance. The ZBA may affirm or reverse such order, requirement, decision, or determination, in whole or in part, or may modify the same.

(2)

Timing and Content of Appeal. A notice of appeal must be filed with the ZBA and the Deputy City Manager for Development, or their designee, within thirty (30) days of the order, requirement, decision, or determination, and shall contain a statement of the grounds for the appeal.

(3)

Burden of Persuasion. The applicant bears the burden of presenting evidence sufficient to allow the ZBA to reach conclusions and make findings to support a reversal or modification of an order, requirement, decision, or determination by the Deputy City Manager for Development, or their designee.

(e)

Other Appeals.

(1)

Certain Determinations of the Planning Board. The ZBA may hear and decide appeals of a determination, construction, interpretation or application made by the Planning Board that is based on the terms of this ordinance and which is made in the exercise of the Board's subdivision or site plan review powers. These appeals shall be treated and considered in the same manner as administrative appeals. However, decisions of the Planning Board made pursuant to administrative authority delegated pursuant to RSA 674:21, Innovative Land Use Controls, are only appealable to the Superior Court.

(2)

Decisions by the Heritage Commission. The ZBA may hear and decide appeals of decisions by the Heritage Commission involving interpretations or applications of the Historic District regulations. These appeals shall be treated and considered in the same manner as administrative appeals.

(3)

Equitable Waiver of a Dimensional Requirement. The ZBA shall hear and decide applications for an equitable waiver of a dimensional requirement pursuant to Section 28-4-1, Dimensional Standards, of this ordinance. An equitable waiver may be granted only where the ZBA confirms in writing each of the following findings based upon the evidence and arguments presented to it upon appeal:

a.

The violation was not noticed or discovered until after a structure in violation had been substantially completed, or a lot or other division of land in violation had been conveyed to a bona fide purchaser for value;

b.

The violation was caused by either a good faith error in measurement or calculation made by an owner or owner's agent, or by an error in the interpretation or administration of this ordinance by the Deputy City Manager for Development, or their designee;

c.

The violation does not constitute a nuisance, diminish the value of properties in the area, or adversely affect any present or permissible future uses of the premises;

d.

Presuming construction or investment in ignorance of the facts constituting the violation, the cost of correction far outweighs any public benefit to be gained in requiring the violation to be corrected; and

e.

In lieu of the findings in Sections 28-9-3(e)(3)a. and b., the violation has existed for ten (10) years or more and no enforcement action has been commenced against the violation during that time.

An equitable waiver of a dimensional requirement granted in accordance with this Section shall not be deemed to establish a nonconformity pursuant to Article 28-8, Nonconforming Lots, Uses, and Structures, of this ordinance.

(4)

Construction of a Building in a Mapped-Street Location. The ZBA shall hear and decide appeals for a permit for a building or structure to be placed in a mapped-street location shown on the Official Map. A permit may be granted only where the ZBA confirms in writing each of the following findings based upon the evidence and arguments presented to it upon appeal:

a.

The applicant will be substantially damaged by placing the building or structure outside of the mapped-street location; and either

b.

The property will not yield a reasonable return to the owner unless a permit is granted; or

c.

In balancing the interests of the City and the property owner, the grant of a permit is required by considerations of justice and equity.

In granting a permit, the ZBA may specify the exact location, physical character, and duration of the building or structure.

(5)

Construction of a Building on a Lot Without Frontage on a Street. The ZBA shall hear and decide appeals for a permit for a building or structure on a lot which has no frontage on a street. A permit may be granted only where the ZBA confirms in writing each of the following findings based upon the evidence and arguments presented to it upon appeal:

a.

Denial of a permit would entail practical difficulty or unnecessary hardship;

b.

The circumstances of the proposed building or structure do not require that the building or structure be related to existing or proposed streets;

c.

The Official Map will not be distorted, nor will the Master Plan be more difficult to carry out;

d.

Undue hardship will not be caused to future purchasers of the property;

e.

Undue financial impact will not be caused to the City; and

f.

To ensure the public peace, safety, and welfare, suitable access to the proposed building or structure will be available for public safety and emergency services and equipment.

(f)

Application Procedure for the ZBA.

(1)

Application Fees. At the time of application, a nonrefundable fee shall be submitted together with the application to cover the costs of the advertising, notification, and processing of the application. The applicant shall be required to pay for any special investigative studies deemed necessary by the ZBA. Any application that is withdrawn prior to consideration by the ZBA, deemed incomplete by the ZBA, or tabled for further consideration by the ZBA shall require the submission of another nonrefundable fee prior to further consideration of the application by the ZBA. A schedule of application fees is listed in Schedule I of Chapter 1. The fee shall be payable at the Code Administration office at the time the application or appeal is filed. The fee shall include the cost of abutter notification and all other costs of legal notice.

(2)

Application Deadline and Materials. An application shall be filed at least thirty (30) days before a regularly scheduled meeting of the ZBA. An application to the ZBA shall include a completed application form, a list compiled by the applicant of the names and addresses of all abutters and parties entitled to notification, and plans and supplemental information as may be required for the specific type of appeal. The applicant shall submit to the ZBA three (3) copies of a site plan drawn to scale. If, at the public hearing, uncertainty arises as to the location of boundaries or dimensions, the ZBA may require a site plan to be prepared by a licensed surveyor in those instances where the application involves physical changes to the property or to the building or structures thereon such that yard setbacks, property lines, or other dimensional standards are central to the appeal. The certification of the licensed surveyor shall be limited to said dimensions. The site plan shall show the following elements where applicable:

a.

The property lines and adjacent street lines, with an indication of lot size and frontage dimensions;

b.

The minimum yard setback lines;

c.

Zoning district boundary lines including applicable overlay districts;

d.

The location of all existing and proposed buildings, including an indication of points of pedestrian and vehicular entrance to said buildings;

e.

The location of all existing and proposed parking spaces, including handicapped accessible spaces and stacking spaces, and traffic aisles, with an indication of the direction of traffic flow;

f.

The location of existing and proposed driveways from the site entering adjacent streets, including the width of such driveways, and the direction of traffic flow;

g.

The location of existing driveways and street intersections within one hundred fifty (150) feet of the frontages of the lot;

h.

The location of all existing and proposed service and storage areas including loading spaces, docks, and bays, refuse container loading areas, and areas for outside storage of materials, as well as the location and type of existing and proposed screening of such areas;

i.

The location and type of existing and proposed utilities and drainage facilities;

j.

The location and type of existing and proposed recreation areas and facilities;

k.

The location, extent, and type of any portion of the lot which is not buildable land area; and

l.

Buildings and structures on immediately adjacent parcels.

In addition, where the application involves a building, or structure, the applicant shall submit three (3) copies of a plan drawn to scale showing the elevations of the building or structure. Where the application involves a sign, the applicant shall submit three (3) copies of a plan drawn to scale showing the sign and its placement on the lot or on a building.

(3)

Notification. A notice of a public hearing on an application shall be given not less than ten (10) days before the date of the hearing by certified mail to the applicant, to all immediate abutters, and to holders of conservation, preservation, or agricultural preservation restrictions, and by first class mail to all other owners of property within three hundred (300) feet of the exterior boundary of the property. Where a property is under a condominium form of ownership, notice shall be given to the officers of the association as provided in RSA 356-B, Condominium Act. A public notice shall be posted in two (2) separate and distinct public places, and placed in a newspaper of general circulation in the City of Concord, not less than ten (10) days before the date of the hearing.

(4)

Public Hearing. At the public hearing, the ZBA shall hear or receive oral or written testimony from the applicant and all abutters, and any non-abutters who can demonstrate that they are directly affected by the application upon which the hearing is being held. Representations made at the public hearing or material submitted to the ZBA shall be deemed to be conditions of any subsequent decision of the ZBA. The ZBA may convene or reconvene the public hearing at the site of the proposed use in order to permit observations concerning the site to become part of the record of the hearing and decision by the ZBA.

(5)

Referral to Planning Board. The ZBA may, before taking final action on any application, refer it to the Planning Board for review and recommendation. The action of the Planning Board shall be reported to the ZBA within sixty (60) days of such referral. Any recommendation received from the Planning Board shall be disclosed at the public hearing and shall become a part of the record of the application. In its review, the Planning Board shall consider the proposed use as it relates to the neighborhood and the City as a whole, and its conformance to the spirit and intent of the Master Plan and this ordinance.

(6)

Action on the Application. The ZBA shall approve, deny, or approve with conditions, each application upon which a hearing has been held. Action on the application may be tabled by the ZBA from the date of the hearing to another meeting of the ZBA. A concurring vote of three (3) members of the ZBA shall be necessary for a decision on an application. Only members who were present at the hearing may vote on the application.

(7)

Issuance of a Decision. Within seventy-two (72) hours after a vote on an application, a written record of the decision shall be available for public inspection at the office of the ZBA. The record of decision shall state whether the application was approved or denied, include any conditions if approved, and state the reasons for the decision. A copy of the record of decision shall be sent to the applicant by first class mail.

(8)

Rehearing. Within thirty (30) days after a decision of the ZBA, any party to the action or any person directly affected thereby may apply for a rehearing in respect to any matter determined in the decision, and must specify such grounds therefor in the motion for rehearing. Within thirty (30) days of the receipt of a motion for a rehearing, the ZBA must decide whether to grant or deny the rehearing. The ZBA may grant a rehearing if, in the opinion of the ZBA, there is good reason for such based on the grounds specified in the motion.

(9)

Subsequent Applications. Once an application has been denied by the ZBA, the same application may be considered as a new application by the ZBA if, and only if, the ZBA finds that the new application is materially different in nature and degree from the use or circumstances affecting the property which were considered in the prior application. The applicant bears the burden of providing evidence sufficient to allow the ZBA to find that a material change in circumstance has occurred such that the application should be considered as a new application.

(10)

Appeal to Superior Court. An appeal from any decision of the ZBA may not be taken to the Superior Court unless the appellant has first made application for a rehearing as provided above.

(Ord. No. 2577, § XXVIII, 11-15-04; Ord. No. 3030, § IX, 2-11-19; Ord. No. 3099, § I, 8-9-21; Ord. No. 3166, § XX, 7-8-24)

(a)

Generally. The Planning Board shall have the power to make the following decisions pursuant to the enabling authority of the indicated statute, as conferred by the cited ordinance:

(1)

The Planning Board may grant conditional use permits in accordance with the authorization of this ordinance and pursuant to RSA 674:21, Innovative Land Use Controls;

(2)

The Planning Board has been granted the power to regulate the subdivision of land in accordance with Section 29-1-1, Power to Regulate Subdivisions, of the Code of Ordinances, and pursuant to RSA 674:35, Power to Regulate Subdivisions;

(3)

The Planning Board has been granted the power to review and approve or disapprove site plans in accordance with this ordinance, with Section 29-1-2, Power to Review Site Plans, of the Code of Ordinances, and pursuant to RSA 674:43, Power to Review Site Plans;

(4)

The Planning Board shall review and approve or disapprove Comprehensive Development Plans (CDPs) as required in accordance with Section 28-4-1(g)(1) and Section 28-4-5(e) in conjunction with its aforementioned powers to approve or disapprove subdivisions and site plans, as well as in accordance with the authorization of this ordinance and pursuant to RSA 674:21, Innovative Land Use Controls; and

(5)

The Planning Board shall review and approve or disapprove applications for architectural design review in conjunction with its aforementioned powers to grant conditional use permits and to approve or disapprove site plans, as well as in accordance with the authorization of this ordinance pursuant to RSA 674:21, Innovative Land Use Controls.

(b)

Conditional Use Permits. Pursuant to RSA 674:21, Innovative Land Use Controls, wherever a conditional use permit is authorized by this ordinance, the authority to administer or grant conditional use permits shall be vested in the Planning Board.

(1)

Application and Review Procedure. An application for approval of a conditional use permit shall be filed with the Planning Board. The following procedures shall apply to the processing of such application:

a.

Procedure if Subdivision or Site Plan Approval Also Required. Where other development approvals including subdivision or site plan approval by the Planning Board are required for the use for which a conditional use permit is sought, the application and review procedure for a conditional use permit may be made concurrently with the application for subdivision or site plan approval, and in accordance with the procedures specified in the Subdivision Regulations or Site Plan Regulations, as applicable to the particular development.

b.

Procedure if Subdivision or Site Plan Approval Not Required. Where no subdivision or site plan approval would otherwise be required for the use for which a conditional use permit is sought, the application and review procedure for conditional use permits shall be in accordance with the requirements of the Site Plan Regulations with respect to content of applications, requirements for public notice, hearings and timing of decisions by the Planning Board.

(2)

Burden of Persuasion. The applicant bears the burden of persuasion, through the introduction of evidence through testimony or otherwise, that the development, as proposed, will comply with this Article and will satisfy the specific requirements for the use contained in this ordinance.

(3)

Standards of Review. In reviewing an application for a conditional use permit, the Planning Board shall consider the following information in its deliberations, as applicable to the case:

a.

The specific authorization for the conditional use permit in the following sections:

• 28-2-4(c), Uses Permitted by Conditional Use Permit;

• 28-3-2(e), Conditional Use Permit Required for Encroachments in the Floodway;

• 28-3-3(f), Conditional Use Permit Required for Disturbance of Buffers in the SP District;

• 28-4-3(d), Conditional Use Permit Required for Certain Disturbance of Wetland Buffers;

• 28-4-4(d), Conditional Use Permit Required for Certain Disturbance of Bluffs and Buffers;

• 28-6-9(a), Permitted Building Signs; and

• 28-7-11, Alternative Parking Arrangements; or

• Otherwise as provided in this ordinance.

b.

The compliance of the development plan for the proposed use with the specific standards for such use including, but not limited to, those standards contained in Article 28-5, Supplemental Standards, of this ordinance;

c.

The results of any special investigative or scientific studies prepared in conjunction with the proposed development;

d.

Special reports or analyses of the proposed use or its impacts prepared by the City's departments, its consultants, its boards or commissions;

e.

The findings, goals and objectives of the City's Master Plan;

f.

The relationship of the development of the proposed use to the timing, location and cost of public improvements scheduled in the City's Capital Improvements Program; and

g.

Testimony and evidence introduced at the public hearing on the application.

(4)

Hearing and Decision. Following a public hearing, the Planning Board shall act to approve the application, deny it, or approve it with conditions, and within seventy-two (72) hours after a vote on an application, shall issue a written record of the decision which shall be available for public inspection at its office. The record of decision shall state whether the application was approved or denied, include any conditions if approved, and in the event of disapproval, state the reasons for the decision. Planning Board shall approve an application for a conditional use permit if it finds, based on the information and testimony submitted with respect to the application, that:

a.

The use is specifically authorized in this ordinance as a conditional use;

b.

If completed as proposed by the applicant, the development in its proposed location will comply with all requirements of this Article, and with the specific conditions or standards established in this ordinance for the particular use;

c.

The use will not materially endanger the public health or safety;

d.

The use will be compatible with the neighborhood and with adjoining or abutting uses in the area in which it is to be located;

e.

The use will not have an adverse effect on highway or pedestrian safety;

f.

The use will not have an adverse effect on the natural, environmental, and historic resources of the City; and

g.

The use will be adequately serviced by necessary public utilities and by community facilities and services of a sufficient capacity to ensure the proper operation of the proposed use, and will not necessitate excessive public expenditures to provide facilities and services with sufficient additional capacity.

(5)

Stipulations of Approval. In granting a conditional use permit application, the Planning Board may attach reasonable conditions to its approval, including but not limited to the phasing of a development, where such conditions are shown to be necessary to further the objectives of this ordinance or the Master Plan, or which would otherwise allow the general conditions of this article to be satisfied. Representations made at a public hearing or in material submitted to the Planning Board by an applicant in order to obtain a conditional use permit shall be deemed to be conditions of the issuance of the permit. The Planning Board may require that conditions of approval be annotated on a site plan or subdivision plat, or otherwise recorded at the Merrimack County Registry of Deeds.

(6)

Appeals. Any persons aggrieved by a Planning Board decision on a conditional use permit may appeal that decision to the Superior Court in the manner provided by RSA 677:15, Court Review. A Planning Board decision on the issuance of a conditional use permit cannot be appealed to the Zoning Board of Adjustment in accordance with RSA 676:5, III, Appeals to the Board of Adjustment.

(7)

Expiration of a Conditional Use Permit. If the use or construction so authorized by granting a conditional use permit has not commenced within a two-year period from the date of the decision of the Planning Board, or, in the event of an appeal to the courts, within a two-year period from the date of the judgment of the court, then the conditional use permit shall be deemed to have expired and the Planning Board's decision shall be considered null and void. Upon request, submitted prior to the date of expiration, the Planning Board may extend the period of validity of a conditional use permit for one additional year provided that the applicant presents evidence of a good faith effort made to commence the use or construction so authorized by the conditional use permit, that the delay in commencement was beyond the applicant's control, and that the circumstances relating to the property and the surrounding neighborhood have not changed substantially since the date of the original decision. Once an extension has been granted, should the use or construction so authorized by a conditional use permit not be commenced within the one-year extension period, then the conditional use permit shall be deemed to have expired and the Planning Board's decision rendered null and void.

(8)

Abandonment or Discontinuance of a Conditional Use Permit. If after commencement, a conditional use permit is abandoned or discontinued for a period of two (2) years, or is supplanted by another use, then the conditional use permit shall be deemed to have been terminated and cannot be re-established without a new application process and the affirmative decision of the Planning Board.

(c)

Subdivision Approval. The application procedure and the standards for review and approval of subdivisions are specified in the Subdivision Regulations as adopted and most recently amended by the Planning Board.

(d)

Site Plan Review. The application procedure and the standards for review and approval of site plans are specified in the Site Plan Review Regulations as adopted and most recently amended by the Planning Board. In accordance with the provisions of RSA 674:43, Power to Review Site Plans, the Planning Board is authorized to delegate its site plan review powers and duties in regard to minor site plans to the Technical Review Committee. Threshold criteria are hereby established that differentiate projects that are subject to major site plan review from those that are subject to minor site plan review, and that identify projects which are exempt from site plan review. Special requirements are set forth herein for projects in Performance Districts.

(1)

Thresholds for Major Site Plan Review. Projects requiring major site plan review are those which exhibit any of the following characteristics:

a.

The construction of a new nonresidential structure having a total floor area of ten thousand (10,000) square feet or more;

b.

The construction of an expansion or addition to an existing nonresidential structure wherein the expansion or addition has a total floor area that is five thousand (5,000) square feet or more.

c.

The construction of expansions or additions to an existing nonresidential structure within any three-year period where the expansions or additions cumulatively have a total floor area of five thousand (5,000) square feet or more, or where the expansions or additions are cumulatively greater than or equal to the total floor area of the original structure;

d.

The construction of a parking lot that can accommodate more than twenty-five (25) vehicles for a nonresidential use, or the installation of ten thousand (10,000) square feet or more of impervious surface in conjunction with a nonresidential use;

e.

Construction to facilitate a nonresidential use which will generate two hundred (200) vehicle trips per day or twenty (20) vehicle trip ends during the peak hour based upon criteria published in the latest edition of Trip Generation by the Institute of Transportation Engineers (ITE) [Appendix D of this ordinance];

f.

The construction of drive-through windows for a nonresidential use, or a use that is required to provide stacking spaces for a drive through service pursuant to Section 28-7-2(e), Table of Off-Street Parking Requirements, of this ordinance;

g.

Reserved;

h.

A new PUD, or a modification to an existing PUD that will increase the density of the PUD;

i.

The construction of a new structure for five (5) or more dwelling or rooming units; or an addition to an existing structure which will create a total of five (5) or more dwelling or rooming units; or

j.

The conversion of an existing structure to accommodate a total of five (5) or more dwelling or rooming units.

k.

An increase of five thousand (5,000) square feet of lot coverage in an existing PUD or an existing development of attached or multifamily dwellings.

(2)

Thresholds for Minor Site Plan Review. Projects requiring minor site plan review are those which meet none of the thresholds for major site plan review and which exhibit any of the following characteristics:

a.

The construction of a new nonresidential structure having a total floor area of between one thousand (1,000) and ten thousand (10,000) square feet;

b.

The construction of an expansion or addition to an existing nonresidential structure where the expansion or addition has a total floor area of between one thousand (1,000) and five thousand (5,000) square feet;

c.

The construction of expansions or additions to an existing nonresidential structure within any three-year period where the expansions or additions cumulatively have a total floor area that is equal to fifty (50) percent or more of the floor area of the original structure;

d.

The construction of a parking lot to accommodate more than five (5) and less than twenty-five (25) vehicles for a nonresidential use, or the installation of one thousand five hundred (1,500) square feet or more of impervious surface for a nonresidential use;

e.

A change in use classification that will result in a use of greater intensity as determined by any of the following: an increase in vehicle trips greater than two hundred (200) vehicle trip ends per day or greater than twenty (20) peak hour trip ends; or an increase in the demand for water supply or sewage disposal facilities.

f.

The construction of a new structure to accommodate three (3) or four (4) dwelling or rooming units; or an addition to an existing structure which will create a total of three (3) or four (4) dwelling or rooming units; or

g.

The conversion of an existing structure to accommodate a total of three (3) or four (4) dwelling or rooming units.

(3)

Projects Exempt From Site Plan Review.

a.

Those residential and nonresidential projects which meet none of the threshold criteria for either major or minor site plan review.

b.

Those residential and nonresidential projects proposed for the Central Business Performance District (CBP) that meet the threshold criteria in Sections 28-9-4(d)(1)(j) or 28-9-4(d)(2)(g) and that otherwise do not meet any of the remaining threshold criteria for either major or minor site plan review.

(e)

Comprehensive Development Plans (CDPs). For the development of a tract located in a Performance District and for which a subdivision of the tract is proposed, a Comprehensive Development Plan (CDP) will be required. The CDP must be approved by the Planning Board prior to the granting of any other subdivision or site plan approvals for the project.

(1)

Application and Review Procedure. An application for approval of a CDP shall be made and reviewed in accordance with the procedures for a Sketch Plat Application, as specified in the Subdivision Regulations.

(2)

Submittal Requirements. An application for approval of a CDP shall include plans and documents in accordance with the submittal requirements for a Sketch Plat Application as described in the Subdivision Regulations. The plans so submitted shall depict the proposed site development and the contemplated subdivision actions, and shall be accompanied by a narrative description of the site development and subdivision actions, specifying whether the subdivision will include a division of the fee interest, long term land leases, a declaration of condominium, a cooperative, or other actions. Easements and covenants necessary for any common facilities and to ensure adequate access, parking, utility services, and drainage facilities to all proposed lots, leaseholds, units, or other subareas shall be described in the narrative, and the areas proposed to be so encumbered shall be identified and depicted on the plans. A description of any proposed ownership or management organization or association shall be provided, indicating the structure, powers, and duties of such organization, and its responsibilities for the maintenance of common facilities.

(3)

Applications Where Phasing is Proposed. For those applications where phasing is proposed and the planning for future phases is not as detailed as that for the most immediate phase, the application shall fully comply with requirements of this Section for the first phase, but may include the designation of a range of uses for future phases of development on proposed sites corresponding to future phases. The plans submitted for the future phases shall indicate a proposed location for common facilities and for access and utility services, including drainage facilities, for each phase, and shall demonstrate that there is adequate area to provide for parking in an amount commensurate with the demand that would be generated by the proposed range of uses in each phase.

(4)

Standards for Review. In the process of reviewing an application, the Planning Board shall consider the compliance of the CDP with the performance district standards contained in this ordinance, including but not limited to those related to setbacks, lot coverage, buffers, driveways, and supplemental standards. The Board shall consider the adequacy of proposed common facilities, access, utilities, drainage facilities, and parking to serve the proposed principal use or uses which are to be located on proposed lots, leaseholds, units, or other subareas. The sufficiency and appropriateness of easements and covenants to ensure that common facilities, access, utilities, drainage, and parking are permanently available and related to these proposed lots, leaseholds, units, or other subareas shall be considered by the Board, as shall the adequacy and appropriateness of any proposed organization that will be responsible for the management and maintenance of common facilities.

(5)

Issuance of a Decision. The Planning Board shall vote approve, approve with conditions, or disapprove a CDP. Within seventy-two (72) hours after a vote on a CDP, the Board shall issue a written record of the decision which shall be available for public inspection at its office. The record of decision shall state whether the application was approved or denied, include any conditions of approval, if any, and in the event of disapproval, state the reasons for the decision.

(6)

Amendment of a CDP. After the approval of a CDP, all subsequent site plan and subdivision approvals shall be in be in accordance with the approved CDP unless an amendment to the CDP has been approved. The application and review procedure for an amendment to the approved CDP shall adhere to the same requirements for submission as the original CDP application. Where partial development has occurred since the approval of the original CDP such that rights in the original tract have been conveyed, all persons or entities in possession of such rights shall receive a notice of the Planning Board's consideration of the application for amendment. Abutters to the boundaries of the original tract shall still be considered abutters and, as such, shall receive notification.

(f)

Architectural Design Review.

(1)

Requirement for Approval. Applications for the following projects and permits shall require Architectural Design Review by the Planning Board:

a.

All projects requiring major site plan review pursuant to Section 28-9-4(d), Site Plan Review, of this ordinance;

b.

Manufactured housing parks, which are subject to the granting of a conditional use permit and a subdivision approval pursuant to Section 28-4-6, Manufactured Housing Parks, of this ordinance;

c.

Cluster developments, which are subject to a subdivision approval pursuant to Section 28-4-7, Cluster Development, of this ordinance;

d.

Sign permit applications where required in Section 28-6-9, Requirement for Architectural Design Review, of this ordinance; and

e.

Building permit applications for any exterior alterations within the Performance Districts.

(2)

Application and Review Procedure.

a.

Where a project or permit requiring Architectural Design Review is also subject to Planning Board action relative to an application for a conditional use permit, a major site plan review, or a subdivision approval, the Board shall consider the Architectural Design Review simultaneous with consideration of the other application.

b.

Where a project or permit requiring Architectural Design Review is independent of any other Planning Board action, an application for Architectural Design Review shall be submitted to the Planning Board. The Board shall place the application on its next available agenda for consideration. The Board shall take action only after receipt of recommendations from the Design Review Committee, or no later than sixty-five (65) days after the meeting at which the application first appeared upon the agenda.

c.

Recommendations from the Design Review Committee will be received and considered for all projects and permits that are subject to Architectural Design Review.

(3)

Submittal Requirements. Where a project or permit is subject to an application for a conditional use permit, a major site plan review, or a subdivision approval, all plans and materials that are required for those applications shall be considered for review under the terms of this Section. In those circumstances where a project or permit is independent of any other Planning Board action, an application form shall be completed and submitted to the Planning Board. The application form shall be accompanied by all plans and materials that are required for applications for sign permits, or for building permits, whichever the case may be. Application materials shall be supplemented by photographs, material samples, color charts, sketches, models, or other materials that will assist the Board in gaining a visual understanding of the application.

(4)

Notification. Where an application for Architectural Design Review is not otherwise included within and subject to the notification and hearing requirements for a major site plan review, a subdivision, or a conditional use permit application, a notice of a public meeting shall be given to the applicant by first class mail not less than ten (10) days before the date of the meeting, and a public notice shall be posted in two (2) separate and distinct public places, or placed in a newspaper of general circulation in the City, not less than ten (10) days before the date of the meeting. The public meeting notice shall include notification that the public meeting shall be opened to a public hearing for the allowance of oral or written testimony at the request of the applicant, any member of the Board, or any party that can demonstrate that they are directly affected by the application upon which the meeting is being held.

(5)

Public Meeting. The Planning Board shall consider an application for Architectural Design Review at a public meeting, which may be the same meeting at which the Board is considering a major site plan review, a subdivision, or a conditional use permit application for the same project or permit. The public meeting shall be opened to a public hearing for the allowance of oral or written testimony at the request of the applicant, any member of the Board, or any party that can demonstrate that they are directly affected by the application upon which the meeting is being held.

(6)

Standards for Review. In the process of reviewing a project or permit for the purpose of making a decision thereon, the Planning Board shall take in to consideration the following:

a.

The criteria set forth in the Architectural Design Guidelines as adopted and most recently amended by the Planning Board;

b.

The goals and recommendations contained in the Master Plan, as most recently amended;

c.

The purposes of this ordinance and of the several districts established herein;

d.

The recommendations of the Design Review Committee;

e.

Reports of the City Departments;

f.

Reports, graphics, and other relevant materials together with information presented at the hearing by the applicant and the applicant's agents; and

g.

Reports, graphics, and other relevant materials together with information presented at the hearing by anyone who can demonstrate that they are directly affected by the application.

(7)

Issuance of a Decision. The Planning Board shall approve, approve with conditions, or disapprove applications for Architectural Design Review. Within seventy-two (72) hours after a decision, the Board shall issue a written record of the decision which shall be available for public inspection at its office. The record of decision shall state whether the application was approved or denied, include any conditions of approval, if any, and in the event of disapproval, state the reasons for the decision.

(8)

Request for Reconsideration. An applicant who is aggrieved of a decision of the Planning Board under this Section may request reconsideration of the application by the Board which shall place the application on its next available agenda for further consideration. The applicant may provide additional materials and information in support of the request. The Board may seek further recommendations from the Design Review Committee prior to rendering a decision on the reconsidered application.

(9)

Expiration of Approval. If a project or permit, for which an application for Architectural Design Review has been approved, has not been initiated or exercised within two (2) years from the date of the Planning Board's decision, then the approval shall be deemed to have expired and the Planning Board's decision rendered null and void. Upon request, submitted prior to the date of expiration, the Planning Board may extend the period of validity of an Architectural Design Review approval for one additional year. Once an extension has been granted, should the use or construction so authorized by an Architectural Design Review approval not be commenced within the one-year extension period, then the Architectural Design Review approval shall be deemed to have expired and the Planning Board's decision rendered null and void.

(Ord. No. 2835, § I, 7-11-11; Ord. No. 2957, § I, 5-9-16; Ord. No. 2961, § I, 7-11-16; Ord. No. 2979, § IV, 5-8-17; Ord. No. 2990, § I, 10-10-17; Ord. No. 3051, § VI, 10-15-19; Ord. No. 3119, § I, 1-10-22; Ord. No. 3186, § IV, 10-14-25)

(a)

Requirement for a Certificate of Approval. A certificate of approval is required from the Heritage Commission pursuant to Section 28-3-4, Historic (HI) District, of this ordinance, prior to the issuance of a permit within the HI District for any construction or activity which will affect the appearance of a building, structure, or site, and that is or will be visible from a street or interstate highway.

(b)

Application and Review Procedure.

(1)

Application Form, Fees, and Submission Materials. The application form and fees for a certificate of approval in the HI district shall be as provided in the Historic District Regulations, duly promulgated and adopted by the Heritage Commission. An application shall be accompanied by any and all plans and materials submitted pursuant to this ordinance and to the Building Code. The Heritage Commission may request supplemental information as may be necessary to clearly understand and consider the location, use, materials, colors, and the nature and extent of improvement or change relative to the activity for which the application is filed. Supplemental information may include site plans, building elevations, samples of materials, photographs, sketches, or other information that may assist the Commission in reaching a decision on the application.

(2)

Notification. A notice of a public hearing on an application shall be given to the applicant and to all property owners in the HI District by first class mail not less than ten (10) days before the date of the hearing. Notice shall also be given to each member of the Heritage Commission. A public notice shall be posted in two (2) separate and distinct public places, or placed in a newspaper of general circulation in the City, not less than ten (10) days before the date of the hearing.

(3)

Public Hearing. At the public hearing, the Heritage Commission shall hear or receive oral or written testimony from the applicant and HI District property owners, and any others who can demonstrate that they are directly affected by the application upon which the hearing is being held. The Commission may convene or reconvene the public hearing at the site of the proposed action in order to allow observations concerning the building and/or site to become part of the record of the hearing and decision by the Commission.

(4)

Requests for Reports. Before taking final action on any permit application, the Heritage Commission may request reports and recommendations from the Planning Board, administrative officials of the City, or such professional, educational, cultural, or other organizations or persons as the Commission deems necessary in order to reach a decision on the application.

(5)

Action on the Application. The Heritage Commission shall vote to approve, disapprove, or approve with conditions, each application upon which a hearing has been held. Action on the application may be tabled by the Commission from the date of the hearing to another meeting of the Commission. A majority vote of a quorum of the Commission members shall be necessary for a decision on an application. Only members who were present at the hearing may vote on the application.

(6)

Issuance of a Decision. Within forty-five (45) days after the submittal of the application, the Heritage Commission shall issue a Certificate of Approval or a Notice of Disapproval. Failure to make a decision on an application within the forty-five (45) day period shall constitute approval by the Commission. A Certificate of Approval shall describe any conditions or stipulations of the approval, and a Notice of Disapproval shall state the reasons for the decision. Within seventy-two (72) hours after a vote on an application, a written record of the decision shall be available for public inspection at the office of the Commission. The record of decision shall state whether the application was approved or disapproved, include any conditions of approval, and in the event of disapproval, state the reasons for the decision.

(c)

Standards for Review of Applications. In reviewing an application, the Heritage Commission shall take into account the purposes of the District, and give consideration to the following:

(1)

The historical and architectural significance of the building or structure and its setting;

(2)

The general compatibility of the proposed exterior modifications including design, scale, arrangement, textures, colors, and materials in relationship to the existing building or structure and its setting, and to the HI District as a whole;

(3)

The general size and scale of proposed new construction in relationship to the existing surroundings, including such factors as the building height and mass, orientation to adjacent streets, type of roof, fenestration, materials, colors, and architectural details;

(4)

The design, scale, arrangement, textures, colors, and material of site features and improvements including yards, parking lots, driveways, walkways, signs, and landscaping as they affect the setting for a building or structure and the character of the HI District;

(5)

Where the application involves a partial demolition, the extent to which such demolition will diminish the historical and architectural significance and disrupt the integrity of the design of the overall structure; and

(6)

Where the application involves a complete demolition, the structural condition of the building, the extent to which it is a contributing element to the historical and architectural significance of the HI District, and the foreseeable or reasonable uses for the building within the context of the permitted uses in the HI District.

(d)

Appeal of a Decision of the Heritage Commission. Any person aggrieved of a decision of the Heritage Commission shall have a right to appeal to the Zoning Board of Adjustment (ZBA) in accordance with Section 28-9-3, Decisions by the Zoning Board of Adjustment (ZBA), of this ordinance.

(e)

Expiration of Certificate of Approval. If a permit, for which a Certificate of Approval has been issued, has not been exercised within two (2) years from the date of the decision of the Heritage Commission to issue the Certificate, or, in the event of an appeal of that decision to the ZBA, within a two-year period from the date of the decision of the ZBA, then the Certificate shall be deemed to have expired and the Heritage Commission's decision rendered null and void. Upon request, submitted prior to the date of expiration, the Heritage Commission may extend the period of validity of a Certificate of Approval for one additional year provided that the applicant presents evidence of a good faith effort made to commence the use or construction so authorized by the Certificate of Approval, that the delay in commencement was beyond the applicant's control, and that the circumstances relating to the property and the surrounding neighborhood have not changed substantially since the date of the original decision. Once an extension has been granted, should the use or construction so authorized by a Certificate of Approval not be commenced within the one-year extension period, then the Certificate of Approval shall be deemed to have expired and the Heritage Commission's decision rendered null and void.

(a)

Generally. The Design Review Committee provides professional and technical review and recommendations to the Planning Board on all applications, projects, and permits for which there is a requirement for Architectural Design Review pursuant to Section 28-9-4, Decisions by the Planning Board, of this ordinance.

(b)

Review Procedure. Any application, project, or permit for which there is a requirement for Architectural Design Review, and which is placed on an agenda for consideration and action by the Planning Board, shall be placed on an agenda for consideration and recommendation by the Design Review Committee such that the Committee's recommendation is available to the Planning Board prior to any decision by the Board. All meetings of the Design Review Committee shall be subject to the requirements of RSA 91-A:2, Meetings Open to Public. The Committee may receive information, presentations, and recommendations from the City Departments, the applicant and the applicant's agents, and any others who can demonstrate that they are directly affected by the application.

(c)

Standards for Recommendations. In developing its recommendations, the Design Review Committee shall utilize the criteria set forth in the Architectural Design Guidelines as adopted and most recently amended by the Planning Board.

(d)

Record of Recommendation. A written record of the recommendation of the Design Review Committee shall be forwarded to the Planning Board. The record shall state whether the project or permit is recommended for approval or disapproval, include any recommendations for conditions of approval, and state the reasons for recommending disapproval, if such is the Committee's recommendation.

(a)

Generally. The Technical Review Committee shall review and approve, approve with conditions, or disapprove applications for minor site plans in accordance with authorization and thresholds established in Section 28-9-4, Decisions by the Planning Board, of this ordinance. The application procedure and the standards for review and decisions relative to minor site plans are specified in the Site Plan Review Regulations as adopted and most recently amended by the Planning Board.

(b)

Appeal of a Decision of the Technical Review Committee. Any person aggrieved of a decision of the Technical Review Committee shall have a right to appeal the decision to the Planning Board with in twenty (20) days of the decision of the Technical Review Committee.

(a)

Administrative Duty. It shall be the duty of the Deputy City Manager for Development, or their designee, to enforce this ordinance.

(b)

Enforcement of Conditions of Approval. Where approvals or permits are granted by the Planning Board, the Zoning Board of Adjustment, the Heritage Commission, or the Technical Review Committee, it shall be the duty of the Deputy City Manager for Development, or their designee, to enforce the specific conditions of approval attached to such approvals or permits by the respective board.

(c)

Violations. Whenever a violation of this ordinance occurs or is alleged to occur, any person may file a written complaint. Such complaint, stating fully the cause and basis thereof, shall be filed with and recorded by the Deputy City Manager for Development, or their designee. Upon being informed of a possible violation or upon personal initiative, the Deputy City Manager for Development, or their designee, may make or cause to be made an investigation of the alleged violation. If the Deputy City Manager for Development, or their designee, determines that there is a violation, the Deputy City Manager for Development, or their designee, may issue an order to the person responsible for the violation as provided for in RSA 676:17-b, Local Land Use Citations; Pleas by Mail, informing the person responsible that a violation exists and ordering that the violator abate the violation within a reasonable time as determined by the Deputy City Manager for Development, or their designee. If after such notice and order the violation has not been abated within the time specified, the Deputy City Manager for Development, or their designee, may institute any appropriate action as provided for in RSA 676:15, Injunctive Relief, to enjoin, abate, or remove said violation, or may issue a citation as provided for in RSA 676:17-b, or both.

(d)

Penalties. Any person or corporation, whether as principal, agent, occupant, employee, or otherwise who violates any provisions of this ordinance shall be subject to the penalties provided for in RSA 676:17, Fines and Penalties. A separate offense shall be deemed to be committed upon each day during which a violation occurs or continues. Penalties are to be paid to the Clerk of the Concord District Court.

(Ord. No. 3166, § XXI, 7-8-24)