Powers. The Zoning Board of Adjustment shall have the following powers:

Interpretation of chapter.

Special exceptions. The Zoning Board of Adjustment shall have the power to hear and decide on application for special exceptions. In applying a special exception, the applicant need not demonstrate hardship, since the basis for the action is of general benefit to the City as a whole.

Variances.

Other requirements. The granting of any appeal by the Zoning Board of Adjustment shall not exempt the applicant from any provision of this chapter not specifically ruled upon by the Zoning Board of Adjustment or specifically set forth as excepted in this particular case from a provision of this chapter. It shall be unlawful for any owner or person to reconstruct, convert or alter a structure or change the use, increase the intensity of use or extend or displace the use of any building, other structure or lot or change any required limitations or special conditions imposed by the Zoning Board of Adjustment in authorizing a special exception or variance without appealing to the Zoning Board of Adjustment as a new case, over which the Zoning Board of Adjustment shall have complete administrative power to deny, approve or modify.

Public hearing. The Zoning Board of Adjustment shall fix a reasonable time for the hearing of an appeal in accordance with its bylaws, and before any hearing is given either on an appeal or an application for variance or special exception of this chapter, notice shall be given to all abutters of any portion of the lot in question. Notice shall be given to abutters by verified mail, and also placed in a newspaper of general circulation, not less than five days before the date fixed for the hearing of the appeal. The costs of any notice shall be paid by the appellant or applicant to the Department of Planning and Community Development.

Rehearing. Within 30 days after any order or decision of the Zoning Board of Adjustment, any party to the action or proceedings or any person directly affected thereby may apply for a rehearing in respect to any matter determined in the action or proceeding or covered or included in the order, specifying in the motion for rehearing the grounds therefor, and the Zoning Board of Adjustment may grant such rehearing if, in its opinion, good reason therefor is stated in such motion.

Appeal to Superior Court. No appeal from any order or decision of the Zoning Board of Adjustment shall be taken unless the appellant shall have made application for rehearing as provided above, and when such application shall have been made, no ground set forth herein shall be urged, relied on or given any consideration by the Court, unless the Court for good cause shown shall allow the appellant to specify additional grounds. Within 30 days after the application for a rehearing is denied or, if the application is granted, then within 30 days of the decision on such rehearing, the applicant may appeal by petition to the Superior Court.

Amendments initiated by the Planning Board. The Planning Board may, upon its own initiative, from time to time, consider amendments to this chapter or Zoning Map and submit recommendations for amendments to the City Council. Such amendments shall be developed pursuant to the public notice and hearing requirements contained in Subsection D below.

Amendments initiated by the City Council. The City Council may, upon its own initiative, from time to time, consider amendments to this chapter or Zoning Map. All such City Council-initiated amendments shall be referred to the Planning Board for its review and study. The referral shall be made, in writing, by the Mayor. The Planning Board shall, after following the public notice and hearing requirements contained in Subsection D below, submit written recommendations regarding the amendments to the City Council within 60 days of their referral.

Amendments initiated by Dover citizens or property owners. Dover citizens or owners of property in Dover submitting amendments to this chapter or Zoning Map shall forward their proposed amendments to the Planning Board for its consideration and recommendation. Such submission shall contain the information required by Subsection E below. The Planning Board shall have the petition placed on the agenda for its next regularly scheduled meeting that proper notice, as required in Subsection D below, can be met. After the public hearing, the Planning Board shall make its recommendations concerning the petitioned amendments to the City Council within 60 days of the date of the initial public hearing.

Public notice. Public notice shall be given for the time and place of the public hearing at least 10 days before the hearing, not including the day the notice is posted or published or the day of the public hearing. In accordance with the requirements of RSA 675:7, I(a) and (b)(3), notice of the public hearing shall be posted in at least three public places, including the City website. In accordance with RSA 675:7, I(b), the posting on the City website shall appear prominently on the City's home page (or a link directly to the notice appearing prominently on the City's home page), shall be posted at least 10 days before the hearing, and shall remain posted on the website until the conclusion of the hearing.

Notice to landowners and abutters. Except as hereinafter provided, a letter of notification shall be sent to landowners whose property lies within that area affected by a rezoning boundary change, change in permitted minimum lot sizes, or change in permitted use to their zone. Otherwise, notices will be sent per RSA 675:7. All such notices shall be sent to the address used for mailing local property tax bills, shall be by first-class mail and shall be sent at least 10 days prior to the scheduled public hearing date. In accordance with RSA 675:7, I-a, good faith effort and substantial compliance shall satisfy the notice requirements set forth in this subsection. In accordance with RSA 675:7, I-b, in the event of petitioned zoning amendments, the petitioners shall be responsible for the full cost of notice by mail as set forth in this subsection. The requirements of RSA 675:7 shall apply if and to the extent RSA 675:7 (as may be amended from time to time) provides other or more stringent requirements than the notice and other requirements stated in this subsection.

Text of notice. All letters of notification and public notices shall state the time and place of the public hearing, the nature of the amendment, and a general description of the property involved, where applicable, and designate a place where the full text of the amendment is on file for public inspection.

A properly drafted ordinance containing the amendment in a form meeting the requirements of the City Clerk;

A statement of the purposes and intent of the proposed amendment;

A statement of the impact of the proposed amendment on the City's economy, environment, municipal services, municipal facilities and neighborhoods;

A map showing the existing zoning districts and the amendments to these districts as proposed in the amendment, if applicable;

The names, addresses, and telephone numbers of those submitting the petition and of any agents or representatives of the same;

A list and address labels including the name, address, and Tax Map number of each property owner of the area proposed for rezoning and each property owner within 100 feet of the subject area. The list shall be current within 10 days of submittal; and

A nonrefundable fee as contained within the Fee Schedule per landowner and abutter required to be notified per Subsection D(2).

The consistency of the proposed amendment with the Master Plan;

The consistency of the proposed amendment with other plans, studies, or technical reports prepared by or for the Planning Board and the City;

The effect of the proposed amendment on the City's municipal services and capital facilities as described in the capital improvements program;

The effect of the proposed amendment on the natural, environment, and historical resources of the City;

The effect of the proposed amendment on neighborhood, including the extent to which nonconformities will be created or eliminated;

The effect of the proposed amendment on the City's economy and fiscal resources; and

The recommendation of the Planning Board relative to whether the proposed amendment should be adopted or rejected, and any recommendations for modifications to the proposed amendment.

Setting a hearing date. Upon receipt of the Planning Board's report and recommendations on the proposed amendment, or upon the expiration of the sixty-day study period, the City Council shall establish a date for a public hearing and shall further publish and post a notice of such hearing as specified in Subsection D.

Waiver of notice. In the event that the proposed amendment is comprehensive in nature, the aforementioned provisions requiring notice by first class mail to individual landowners and abutters may be waived by a majority vote of the full City Council, with respect to the public hearing to be held before it. An amendment shall be deemed to be comprehensive in nature if it affects more than one of the zoning districts established by § 170-7 of this chapter.

Action on the proposed amendment. After holding the duly noticed public hearing on a proposed amendment, the City Council shall approve or disapprove the amendment. The City Council shall not have the right to overrule the Planning Board recommendations unless by a vote of not less than 2/3 of its membership present and voting.

Protest petition. If a valid protest petition, in accordance with RSA 675:5, has been filed against a proposed amendment, a favorable vote of 2/3 of the City Council members present shall be required.