(a)

Conditions for authorizing. The zoning board of adjustment may authorize a variance from the terms of this chapter only when the board finds that all five of the following conditions apply:

(1)

The proposed use or structure would not diminish surrounding property values.

(2)

Granting the variance would be of benefit to the public interest.

(3)

Denial of the variance would result in unnecessary hardship to the owner because of special circumstances of the property that distinguish it from other properties similarly zoned.

(4)

By granting the variance substantial justice would be done.

(5)

The proposed use is not contrary to the spirit of this chapter.

(b)

Time limit. Any variance granted by the zoning board of adjustment shall be void if the use and/or structure authorized by the variance has not been begun within 24 months from the date of the action of the board. Application for extensions shall be heard as a new petition; any other time limitation shall be specifically prescribed by the zoning board of adjustment. In any event, cases of law as interpreted by the state supreme court shall prevail.

(Code 1970, § 2337.0)

(a)

The zoning board of adjustment shall have the power to hear and decide special exceptions to the terms of this chapter and, in doing so, may grant approval in appropriate cases and subject to appropriate conditions and safeguards for the protection of the public health, safety and welfare. Special exceptions may be approved if the board finds that:

(1)

The proposed use is similar to one or more of the uses already authorized in that district and is in an appropriate location for such a use.

(2)

Such approval would not reduce the value of any property within the district, nor otherwise be injurious, obnoxious or offensive to the neighborhood.

(3)

There will be no nuisance or serious hazard to vehicles or pedestrians.

(4)

Adequate and appropriate facilities will be provided for the proper operation of the proposed use.

(b)

Any addition or expansion of an existing use for which a special exception has been granted must receive a new special exception if:

(1)

There is an addition or expansion of over 20 percent or over 500 square feet, whichever is less, of the area of the existing structure; or

(2)

The addition or expansion is onto new land, on the existing lot or a new lot for which a special exception has not been granted.

(c)

Time limit. A special exception granted by the zoning board of adjustment shall be valid for 24 months from the date granted. Within this 24-month time period the use must be started or construction begun on the structure. The zoning board of adjustment shall have the power to grant exceptions.

(Code 1970, § 2338.0)

Appeals concerning any matters within the powers of the zoning board of adjustment as set forth RSA 674:33 shall be in the manner provided by RSA 676:5-7. In addition to abutters as defined by RSA 672:3, all persons owning land in the city that is within 200 feet, exclusive of public rights-of-way and streams, of the land under consideration by the zoning board of adjustment shall be notified by certified mail.

(Code 1970, § 2336.0)

The zoning board of adjustment shall have the power to hear and decide an appeal of an administrative decision provided:

(1)

The decision is in writing from the zoning administrator; and

(2)

The appeal of administrative decision is filed within 45 days of the date of the decision.

(Code 1970, § 2340.0)

The planning board shall be empowered to review and approve or disapprove site plans for the development, redevelopment or alteration of residential and nonresidential sites to the fullest extent authorized by state law as it may be amended from time to time consistently therewith and for all of the purposes authorized thereby. The planning board shall promulgate such reasonable regulations as it shall deem necessary from time to time in order to carry out its authority pursuant to this section. Such regulations shall be adopted in accordance with procedures mandated by state law.

(Code 1970, § 2313.0)

All lots with an approved site plan shall be maintained on a regular basis. Maintenance shall include, at a minimum, replacing dead trees, shrubs, etc.; trimming and mowing; and maintenance/painting of fences, flagpoles, and other items that contribute to the total esthetic look of the site.

(Code 1970, § 2313.1; Ord. No. O-98-5A, § 2313.1, 7-2-1998)

(a)

No land or building shall be used and no land or building shall be changed in use until a certificate of occupancy shall have been issued by the superintendent of code enforcement, stating that the building or proposed use thereof complies with this chapter. Where use during construction is to take place, the superintendent of code enforcement may issue a conditional or temporary certificate of occupancy.

(b)

A use legally existing at the time of the passage of the ordinance from which this chapter derives shall not be deemed to require a certificate of occupancy under this section, until such time as the use or structure is changed or expanded.

(c)

No building in a subdivision shall be certified for occupancy until all facilities and improvements have been completed to the extent required by the planning board in accordance with the subdivision regulations and such completion has been certified by the public works director.

(Code 1970, § 2320.0)

(a)

When a lot or other division of land, or structure thereupon, is discovered to be in violation of a physical layout or dimensional requirement imposed by this chapter, the zoning board of adjustment shall, upon application by and with the burden of proof on the property owner, grant an equitable waiver from the requirement, if and only if the board makes all of the following findings:

(1)

The violation was not noticed or discovered by any owner, former owner, owner's agent or representative, or municipal official, until after a structure in violation had been substantially completed, or until after a lot or other division of land in violation had been subdivided by conveyance to a bona fide purchaser for value.

(2)

The violation was not an outcome of ignorance of the law or ordinance, failure to inquire, obfuscation, misrepresentation, or bad faith on the part of any owner, owner's agent or representative, but was instead caused by either a good faith error in measurement or calculation made by an owner or owner's agent, or by an error in ordinance interpretation or applicability made by a municipal official in the process of issuing a permit over which that official had authority.

(3)

The physical or dimensional violation does not constitute a public or private nuisance, nor diminish the value of other property in the area, nor interfere with or adversely affect any present or permissible future uses of any such property.

(4)

Due to the degree of past construction or investment made in ignorance of the facts constituting the violation, the cost of correction so far outweighs any public benefit to be gained that it would be inequitable to require the violation to be corrected.

(b)

In lieu of the first two findings required by the board in subsections (a)(1) and (2) of this section, the owner may demonstrate to the satisfaction of the board that the violation has existed for ten years or more, and that no enforcement action, including written notice of violation, has been commenced against the violation during that time by the city or any person directly affected.

(c)

Application and hearing procedures for equitable waivers under this section shall be governed by RSA 676:5-7. Rehearings and appeals shall be governed by RSA 677:2-14.

(d)

Waivers shall be granted under this section only from physical layout, mathematical or dimensional requirements, and not from use restrictions. An equitable waiver granted under this section shall not be construed as a nonconforming use and shall not exempt future use, construction, reconstruction, or additions on the property from full compliance with this chapter. This section shall not be construed to alter the principle that owners of land are bound by constructive knowledge of all applicable requirements. This section shall not be construed to impose upon municipal officials any duty to guarantee the correctness of plans reviewed by them or property inspected by them.

(Code 1970, § 2341.0; Ord. No. O-96-25, § 2331.0, 1-16-1997)

The regulations and restrictions set forth in this chapter and the boundaries of zoning districts as shown on the zoning map may be amended or repealed by the city council, as authorized by state law and in accordance with this division.

(Code 1970, § 2342.1)

(a)

Anyone wishing to petition the council for a change in the zoning map or this chapter must submit a complete application to the city clerk. An application will not be placed upon the council agenda until it is complete. In addition to the application the petitioner shall provide the following:

(1)

Application fee as provided in section 102-168.

(2)

A typed or neatly printed narrative explaining the purpose and effect of and justification for the proposed change.

(3)

A properly drafted ordinance containing the amendment in a form meeting the requirements of the city clerk.

(b)

When amendments are proposed for the zoning map, the petitioner shall, in addition to the materials listed in subsection (a) of this section, provide the following:

(1)

Two maps showing the boundary of the area of the city to be changed, one 8½ inches by 11 inches in size, and one at the city tax map scale.

(2)

A notarized list of property owners within the boundary of the area proposed for rezoning as well as the names of all abutters of the property. This list shall include the tax map number and address of each abutter and owner, and must be current to within ten days of submittal.

(Code 1970, § 2342.2)

The applicant shall be required to pay a fee as set forth in the schedule of fees in appendix B to this Code for any proposed change in this chapter or map, and in addition shall pay a fee as set forth in the schedule of fees in appendix B to this Code when requesting to change the zoning map. The applicant shall also be required to pay the costs of public notice, including notice to abutters when required, for the joint planning, licenses and development committee/planning board workshop and the council public hearing.

(Code 1970, § 2342.3)

Upon receipt of a complete application as provided in this division, the city clerk shall include the application and the ordinance on the next agenda of the city council. The proposal will then be referred to the planning, licenses and development committee, the planning board and the staff for review and comment.

(Code 1970, § 2342.4)

Upon the receipt of the referral from the city council as provided in section 102-169, the planning department shall prepare, in coordination with other city departments, a review of the proposed change, including the degree to which the proposed change is consistent with the various sections of the master plan. It is the intent of this section that whenever possible the staff report will be available within 60 days of receipt of the referral.

(Code 1970, § 2342.5)

(a)

Upon receipt of the staff report submitted pursuant to this division, the planning, licenses and development committee and the planning board shall hold a joint legislative workshop, with public notice in a publication of local circulation of the time, date and location of the meeting. When changes to the zoning map are involved, all of the property owners included within the area of change as well as abutters shall also be notified of the workshop by first class mail. At the workshop the applicant or his representative shall present the request. The planning department will present the staff report.

(b)

The intent of these workshops is to:

(1)

Prepare information for the council on the proposed change;

(2)

Provide an opportunity for the applicant and the public to discuss the proposal in an informal fashion; and

(3)

Afford an opportunity for adjustment or modification of the proposal.

(c)

These legislative workshops are not intended as due process public hearings. They are intended as a method by which the city council and the planning board may receive public comment and assistance throughout a changing legislative process. It is anticipated and in fact intended that the planning, licenses and development committee and the planning board are free to make appropriate changes to the proposed ordinance throughout this process without any requirement that additional public notice be provided prior to the conclusion of the workshop process. It is intended that procedural due process will be afforded at the time of the public hearing to be held by the council when the ordinance is available in its final format for consideration by the public, as provided in RSA 675:7.

(d)

When the planning, licenses and development committee and planning board have completed their review, the planning board shall vote on the degree to which the proposal is consistent with the master plan so that can be conveyed to the city council.

(e)

The planning, licenses and development committee shall vote on a recommendation to the city council as to when a public hearing should be held. The planning department shall be responsible for submitting a report to the city council which should include the following:

(1)

Any revisions which the committee has recommended;

(2)

The staff report;

(3)

Minutes of the joint workshop; and

(4)

Any additional information which the committee indicated might assist the council in considering the proposal.

(Code 1970, § 2342.6)

(a)

Upon receipt of the recommendation to hold a public hearing from the planning, licenses and development committee and the information from the joint meeting as provided in this division, the city council shall establish a date for a public hearing. The city clerk shall provide at least ten clear days' notice prior to the public hearing in a publication of local circulation, including a clear description of the proposed change and where a copy of the full text and/or maps can be reviewed. Notice shall also be posted in at least two prominent locations. When changes to the zoning map are involved, the city clerk shall notify by first class mail all of the property owners included in the proposed change as well as abutters to those properties.

(b)

The city council public hearing shall start with a summary presentation by the applicant, followed by summary presentations of the staff and joint planning, licenses and development committee/planning board findings, and then be open to the public. After the public hearing the council will refer the issue back to the planning, licenses and development committee for its recommendation. Although the committee meeting will be a public meeting, further comment from the public will not be accepted.

(Code 1970, § 2342.7; Ord. No. O-2005-12, 9-15-2005)

Pursuant to this division, the planning, licenses and development committee/planning board joint committee or the city council may require that the applicant pay for technical studies deemed necessary to fully evaluate the impacts of the proposed change. Failure to provide such studies shall be grounds for denial of the application.

(Code 1970, § 2342.8)