Nashua City Zoning Code
PART 7
Administrative Agencies
§ 190-235 Administrative Officer.
[Amended 1-14-2021 by Ord. No. O-20-041]
The Administrative Officer is the Planning Director. In the event of a vacancy in office or the unavailability of the Planning Director, the Community Development Division Director is authorized to act as the Administrative Officer. The Administrative Officer shall be authorized to administer and enforce the provisions of this chapter except for sections or articles within this Part 7 that are construed as innovative land use controls (RSA 674:21) that provide for the appeal, administration, or enforcement by another person or Board as designated within that section or article. Nothing herein prohibits the Administrative Officer from holding other appointed office.
§ 190-236 Established; composition; terms; compensation.
[Amended 12-28-2006 by Ord. No. O-06-59]
Pursuant to the authority granted in RSA 673:2, there is hereby established a Planning Board for the City.
The Planning Board shall consist of the Mayor or his appointed representative who shall be confirmed by the Board of Aldermen, the City Engineer, and a member of the Board of Aldermen appointed by the President of the Board of Aldermen who shall be selected from the members of its aldermanic Planning and Economic Development Committee and confirmed by the Board of Aldermen, all as members ex officio, and six residents of the City who shall be appointed by the Mayor, and confirmed by the Board of Aldermen.
The Mayor shall appoint up to five, but not less than three alternate members who are residents of the City and who shall be confirmed by the Board of Aldermen. An alternate member shall vote in the absence of a member. The President of the Board of Aldermen shall appoint an alternate to the aldermanic member, who shall be selected from the members of its aldermanic Planning and Economic Development Committee and confirmed by the Board of Aldermen, and who shall vote in absence of the aldermanic member.
The Mayor shall submit a new appointment or a reappointment of a member or alternate to the Board of Aldermen not later than three months prior to expiration of the current term of office. If confirmation is denied or the appointment is withdrawn, the Mayor shall submit a different appointment to the Board of Aldermen not later than on the last day of expiration of the member or alternate current term of office.
Any mayoral appointment or appointment from alternate to regular membership shall be interviewed in public by the appropriate aldermanic committee. Reappointments shall only be interviewed in public by the appropriate aldermanic committee at the request of any member of the Board of Aldermen.
[Amended 3-22-2011 by Ord. No. O-11-54; 5-13-2014 by Ord. No. O-14-014]
The terms of the ex officio members shall correspond to their respective official tenures, except in the case of the appointed representative selected by the Mayor, whose term shall terminate with the term of the Mayor selecting him. The terms of each member and alternate member not ex officio shall be three years. All terms of the appointed members shall begin on the first day of April.
The appointed members shall hold no other municipal office, except that one appointed member may be a member of the Zoning Board of Adjustment, one appointed member may be a member of the Conservation Commission, and one appointed member may be a member of the Historic District Commission.
§ 190-237 Removal of members.
Members of the Planning Board other than the member selected by the Board of Aldermen may, after public hearing, be removed by the Mayor for inefficiency, neglect of duty or malfeasance in office. The Board of Aldermen may, for like cause, remove the member selected by them.
§ 190-238 Vacancies.
[Amended 12-28-2006 by Ord. No. O-06-59]
Vacancies in the membership of the Planning Board occurring otherwise than through expiration of term shall be filled for the duration of the unexpired term by the Mayor, in the case of members appointed by him. Such appointments by the Mayor are to be confirmed by the Board of Aldermen. The Board of Aldermen shall make appointments in the case of the aldermanic members.[1]
[1]
Editor's Note: Former Subsection B, which immediately followed, regarding staying in office more than 90 days after expiration of term, was repealed 3-8-2011 by Ord. No. O-11-49.
§ 190-239 Staff; finances.
Subject to any limitations in this chapter, the Planning Board may appoint such employees as it may deem necessary for its work. Appointment, promotion, demotion and removal shall be subject to the same provisions of law as govern other corresponding civil employees of the City.
The Board of Aldermen may provide such funds, equipment and accommodations as it may deem necessary or advisable for the Planning Board's work. All expenditures of the Planning Board, exclusive of gifts or reimbursements, shall be within the amount appropriated for the purpose by the Board of Aldermen.
§ 190-240 Organization; meetings; rules.
[Amended 3-27-2007 by Ord. No. O-06-63]
The Planning Board shall elect a Chairman from the appointed members and create and fill such other offices as it may deem necessary for its work. The term of the Chairman shall be one year, with eligibility for reelection.
Pursuant to RSA 673:10, the Board shall hold at least one regular meeting each month, adopt rules for the transaction of business, keep a public record of its resolutions, transactions, findings and determinations, and forward a copy of the minutes of its meetings to the City Clerk for distribution to each member of the Board of Aldermen.
A quorum of the Planning Board consists of five members, unless the membership, accounting for members and alternate members, falls below nine members in which case a quorum consists of a majority of the membership remaining.
A quorum shall be necessary to convene a meeting in order to transact any business. All decisions made by the Planning Board, whether negative or affirmative, shall require a majority of members present and voting. The Chairman shall designate an alternate to hear the case and to vote on the case in event of an absence or a vacancy or a disqualification of a member, except that an alternate aldermanic member can only serve in the absence of the aldermanic member.
The Planning Board shall, subject to and conditional on annual funding from the Board of Aldermen publish in a newspaper of general circulation the Planning Board's agenda for any public meeting or hearing held by the Board less than five days prior to the meeting or hearing. Lack of such publication shall not create a legal notice deficiency.
All meetings shall be open to the public subject to RSA 91-A, the New Hampshire Right-to-Know Law.
§ 190-241 Duties.
It shall be the duty of the Planning Board to prepare and amend from time to time a Master Plan to guide the development of the municipality. A Master Plan may include consideration of any areas outside the boundaries of the municipality which in the judgment of the Planning Board bear a relation to or have an impact on the planning of the municipality. Every Planning Board shall from time to time update and amend the adopted Master Plan with funds appropriated for that purpose by the Board of Aldermen. In preparing, amending, and updating the Master Plan:
The Planning Board shall have responsibility for promoting interest in, and understanding of, the Master Plan of the municipality. In order to promote this interest and understanding, the Planning Board may publish and distribute copies of the Master Plan, copies of any report relating to the Master Plan, and may employ such other means of publicity and education as it may deem advisable.
The Planning Board shall also have authority to make any investigations, maps and reports, and recommendations which relate to the planning and development of the municipality.
The Planning Board may from time to time report and recommend the appropriate public officials and public agencies programs for the development of the municipality, programs for the erection of public structures, and programs for municipal improvements. Each program shall include recommendations for its financing. It shall be part of the Planning Board's duties to consult with and advise public officials and agencies, public utility companies, civic, educational, professional, research and other organizations, and to consult with citizens, for the purpose of protecting or carrying out of the Master Plan as well as for making recommendations relating to the development of the municipality.
Members of the Planning Board, when duly authorized by the Board as a whole, may attend municipal planning conferences or meetings, or hearings upon pending municipal planning legislation. The Planning Board may by majority vote authorize the payment of reasonable expenses incident to such attendance.
The Planning Board, its members, officers, and employees, in the performance of their functions may enter upon any land and make such examinations and surveys as are reasonably necessary, and place and maintain necessary monuments and marks.
The Planning Board may, from time to time, recommend to the Board of Aldermen, amendments of the Zoning Ordinance or Zoning Map or additions thereto.
The Planning Board shall not do any act or acts pursuant to its power and duties which contemplate or necessitate the expenditure of municipal funds by resolution, inclusion in the municipal budget, appropriations or supplementary appropriations, or otherwise, without authorization by the Board of Aldermen.
The Planning Board shall have all authority and powers granted to Planning Boards by Title LXIV of the New Hampshire Revised Statutes Annotated and RSA 155-E, and for any other pertinent state statutes as amended, from time to time, whether or not such authority is specified in local ordinances, including but not limited to Articles XVI and XVIII and Parts 4 through 8 of this chapter.
The Planning Board is prohibited from making decisions involving construction, interpretation or application of the Nashua zoning ordinances. The Administrative Officer or his designee is duly authorized to decide compliance with the Nashua zoning ordinances prior to placing an application on the Planning Board's agenda.
In cases in which the Board grants approval conditional upon the applicant dedicating land or easements in land and improvements thereon to the City for stormwater drainage, widening of existing street right-of-way, public recreation, conservation, sanitary sewer, public vehicular and pedestrian access or other valid public purpose, the Board is authorized to accept and record on behalf of the City the appropriate deeds, plans, etc., without specific approval by the Board of Aldermen. Whenever such a dedication is contemplated, the Planning Director or his/her designee shall, on the basis of an appropriate investigation, report in writing as to the suitability of the land for the intended purpose, including, but not limited to, the presence of hazardous waste or other sources of undesirable obligations or liability risks. This authority shall not extend to the formal acceptance of new public streets or extensions of public streets.
[Added 6-26-2007 by Ord. No. O-06-57]
§ 190-241.1 Training.
[Added 12-26-2007 by Ord. No. O-07-138]
The City Planning Department shall annually provide a list of mandatory and available training opportunities for newly appointed members and ongoing members of the Planning Board, as well as the attendance record for mandatory training sessions for the previous year.
All persons appointed to the Planning Board, including alternate members and ex officio members, shall attend mandatory training sessions. New member training shall be completed within six months of confirmation of appointment to the Planning Board.
The cost of mandatory training for the Planning Board shall be provided for in the annual budget.
§ 190-242 Established.
Pursuant to the authority granted in RSA 36:45 through 36:53, the City hereby joins with the Town of Hudson and other municipalities in the Nashua metropolitan area in the establishment of a Regional Planning Commission.
§ 190-243 Composition.
The Regional Planning Commission shall consist of two representatives from member municipalities with a population less than 10,000, three representatives from member municipalities with a population between 10,000 and 25,000, and four representatives from Nashua. Nashua representatives shall be nominated by the Planning Board and appointed by the Board of Aldermen.
§ 190-244 Qualifications; terms.
The term of each Nashua representative appointed to the Regional Planning Commission shall be four years. All Nashua representatives shall serve without compensation and at least one representative shall be a member of the Planning Board. Alternate representatives may also be appointed in the same manner as for regular members.
§ 190-245 Removal of representatives.
Nashua representatives of the Regional Planning Commission may be removed by the Board of Aldermen for inefficiency, neglect of duty or malfeasance in office.
§ 190-246 Vacancies.
Vacancies in representation on the Regional Planning Commission, occurring other than through the expiration of term, shall be filled for the remainder of the unexpired term in the same manner as original appointments.
§ 190-247 Organization; meetings; bylaws.
The Regional Planning Commission shall elect annually from among its members a Chairman, Vice Chairman and such other officers as it deems necessary. Meetings shall be held at the call of the Chairman and at such other times as the Commission may determine. The Commission shall adopt bylaws for the conduct of its business and shall keep a public record of its resolutions, transactions, findings and determinations and shall forward a copy of the minutes of its meetings to the local Planning Board of each member municipality.
§ 190-248 Finances.
The Regional Planning Commission may accept and receive funds, grants and services from federal, state and municipal governments and their agencies or from private and civic sources. The Commission shall determine, on a reasonable and equitable basis, the proportion of its costs to be borne respectively by each member municipality. Failure on the part of any member municipality to pay its proportionate share of the costs of the Commission shall constitute a termination of such municipality's membership on the Commission. Within the amounts so appropriated to it or with other funds placed at its disposal, the Commission may engage employees and professional consultants, may use such funds in conjunction with other public or private funds available, and may obtain such goods and services as are necessary to it in carrying out its proper functions.
§ 190-249 General powers and duties.
The Regional Planning Commission's powers shall be advisory, and shall generally pertain to the development of the region within its jurisdiction as a whole. Nothing in this article shall be deemed to reduce or limit any of the powers, duties or obligations of the City's Planning Board. The area of jurisdiction of the Regional Planning Commission shall include the areas of the municipality within the delineated planning region. It shall be the duty of the Regional Planning Commission to prepare a comprehensive Master Plan for the development of the region within its jurisdiction, including the Commission's recommendations, among other things, for the use of land within the region; for the general location, extent, type of use, and character of highways, major streets, intersections, parking lots, railroads, aircraft landing areas, waterways and bridges, and other means of transportation, communication, and other purposes; for the development, extent, and general location of parks, playgrounds, shorefront developments, parkways, and other public reservations and recreation areas; for the location, type, and character of public buildings, schools, community centers, and other public property; and for the improvement, redevelopment, rehabilitation, or conservation of residential, business, industrial and other areas; including the development of programs for the modernization and coordination of buildings, housing, zoning and subdivision regulations of the City and their enforcement on a coordinated and unified basis. The Regional Planning Commission may authorize its employees or consultants to render assistance on local planning problems to any municipality or county which is not a member of the Regional Planning Commission. The cost of such assistance shall be paid entirely by the municipality or county to which the service is rendered or partly by such municipality or county and partly by any gift, grant, or contribution which may be available for such work or by combination thereof. Such Commission shall keep a strict account of the cost of such assistance and shall provide such municipality or county with an itemized statement.
§ 190-250 Created; Board of Directors.
[Amended 8-12-2008 by Ord. No. O-08-24]
The Business and City Industrial Development Authority is hereby created to consist of a Board of Directors of at least nine but no more than 15 members appointed by the Mayor and confirmed by the Board of Aldermen, which shall have full power, duties and responsibilities authorized under RSA Chapter 162-G.
§ 190-251 Membership.
All Business and Industrial Development Authority Directors shall be appointed for terms of three years, and each Director shall serve until his successor shall have been appointed. At all times, there shall be a majority of the Directors residing within the boundaries of the City.
In addition to the directors to be appointed by the Mayor, the President of the Board of Aldermen, or his/her aldermanic designee, the City Treasurer and the Mayor shall serve as ex officio members of the Board.
[Amended 8-12-2008 by Ord. No. O-08-24]
§ 190-252 Organization.
Organization of the Business and Industrial Development Authority shall take place immediately following confirmation of its members, annually in the month of January by the choice of one of its members as Chairman. It shall also elect a clerk and any other necessary officers to serve for one year or until their successors are chosen.
§ 190-253 Voting.
All action by the Business and Industrial Development Authority shall be authorized by resolutions of the Board passed on the affirmative votes of at least 2/3 of the Board members present and voting.
§ 190-254 Minutes; voting records; annual report.
Minutes of all meetings and records of all votes of the Business and Industrial Development Authority shall be filed with the City Clerk within 15 days of the meeting or vote. The Authority shall at the close of each year make a detailed report to the Board of Aldermen of its activities for that year.
§ 190-255 Zoning Board of Adjustment; membership.
[Amended 12-28-2006 by Ord. No. O-06-60]
Pursuant to the authority granted in RSA 673:3, there is hereby established a Zoning Board of Adjustment for the City.
The Zoning Board of Adjustment shall consist of five members who are residents of the City appointed by the Mayor and confirmed by the Board of Aldermen. Five alternates shall be chosen in a like manner. An alternate shall vote in the absence of a member.
[Amended 5-27-2008 by Ord. No. O-08-17]
Members and alternates shall serve for a term of three years. Members and alternates in office on the effective date of this section shall continue in office.
As terms expire or vacancies occur, the Mayor, subject to the confirmation of the Board of Aldermen, shall make such appointments as necessary to comply with this section and RSA 673:3. Vacancies shall be filled for the remainder of the unexpired term.
[Amended 5-27-2008 by Ord. No. O-08-17]
[1]The Mayor shall submit a new appointment or a reappointment of a member or alternate to the Board of Aldermen not later than three months prior to expiration of the current term of office. If confirmation is denied or the appointment is withdrawn, the Mayor shall submit a different appointment to the Board of Aldermen not later than on the last day of expiration of the member or alternate current term of office.
[Amended 5-27-2008 by Ord. No. O-08-17]
[1]
Editor's Note: Former Subsection E, regarding staying in office more than 90 days after expiration of term, was repealed, and former Subsections F through H were renumbered as Subsections E through G, respectively, 3-8-2011 by Ord. No. O-11-49.
Any appointment or reappointment shall be interviewed in public by the appropriate aldermanic committee at the request of any member of the Board of Aldermen.
Members and alternates shall be removable, after a public hearing, for inefficiency, neglect of duty or malfeasance in office upon vote of the Board of Aldermen which shall make written findings of fact and cause the same to be filed with the City Clerk.
§ 190-256 Meetings.
[Amended 3-27-2007 by Ord. No. O-06-63]
The Zoning Board of Adjustment shall elect a Chairman from the appointed members and create and fill such other offices as it may deem necessary for its work. The term of the Chairman shall be one year, with eligibility for reelection.
Meetings of the Board shall be held at such times as the Board may determine under its rules, or upon call of the Chairman.
All meetings shall be open to the public subject to RSA 91-A, the New Hampshire Right-to-Know Law.
A quorum of the Zoning Board of Adjustment consists of three members, unless the membership, accounting for members and alternate members, falls below five members in which case a quorum consists of a majority of the membership remaining.
A quorum shall be necessary to convene a meeting in order to transact any business.
The Chairman shall designate an alternate to hear the case and to vote on the case in event of an absence or a vacancy or a disqualification of a member.
Pursuant to RSA 674:33, III, the concurring vote of three members of the Board shall be necessary to reverse any action of the administrative official or to decide in favor of the applicant on any matter on which it is required to pass.
The Zoning Board of Adjustment shall make no rule permitting the applicant to require more members than a quorum to make a decision on its application. The applicant may withdraw his application at any time and refile subject to a refiling fee set by the Board under its rules.
The Board shall adopt its own rules of procedure after a public hearing duly advertised in a local news source, and shall keep a record of its proceedings, showing the vote of each member on each question or if absent or failing to vote, and shall keep records of its examinations and other official actions. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Administrative Officer and become a public record. The Board shall file with the City Clerk for distribution as necessary a complete record of the minutes of their meetings and public hearings. Included in the minutes shall be the reasons for the granting or denying of a request for a variance or special exception, together with the vote of each member on each item on the agenda. The Board shall also forward to the City Clerk a copy of their agendas prior to their meetings.
§ 190-257 Powers and duties.
The Board shall have the following powers and duties:
To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an Administrative Officer in the enforcement of this article except for sections or articles within this Part 7 that are construed as innovative land use controls (RSA 674:21) that provide for the appeal, administration, or enforcement by another person or Board as designated within that section or article;
To hear and decide special exceptions to the terms of this article upon which the Board is required to pass under this Part 7;
To authorize, upon appeal in specific cases, such variances from the terms of this Part 7 as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Part 7 will result in unnecessary hardship, and so that the spirit of this article shall be observed and substantial justice done.
The Zoning Board of Adjustment shall have all authority granted to zoning boards by Title LXIV of the New Hampshire Revised Statutes Annotated, as amended from time to time, whether or not such powers and authorities are specifically listed in the local ordinances, including but not limited to Part 2 and Part 3, Article XV, of this chapter.
The Zoning Board of Adjustment may, upon perceiving lack of clarity in or any deficiency of provisions in this chapter, recommend amendments or additions thereto to the Board of Aldermen.
[Added 10-24-2006 by Ord. No. O-06-38]
In cases in which the Board grants approval conditional upon the applicant dedicating land or easements in land and improvements thereon to the City for stormwater drainage, widening of existing street right-of-way, public recreation, conservation, sanitary sewer, public vehicular and pedestrian access or other valid public purpose, the Board is authorized to accept and record on behalf of the City the appropriate deeds, plans, etc., without specific approval by the Board of Aldermen. Whenever such a dedication is contemplated, the Planning Director or his/her designee shall, on the basis of an appropriate investigation, report in writing as to the suitability of the land for the intended purpose, including, but not limited to, the presence of hazardous waste or other sources of undesirable obligations or liability risks. This authority shall not extend to the formal acceptance of new public streets or extensions of public streets.
[Added 6-26-2007 by Ord. No. O-06-57]
§ 190-257.1 Training.
[Added 12-26-2007 by Ord. No. O-07-139]
The City Planning Department shall annually provide a list of mandatory and available training opportunities for newly appointed members and ongoing members of the Zoning Board of Adjustment, as well as the attendance record for mandatory training sessions for the previous year.
All persons appointed to the Zoning Board of Adjustment, including alternate members, shall attend mandatory training sessions. New member training shall be completed within six months of confirmation of appointment to the Zoning Board of Adjustment.
The cost of mandatory training for the Zoning Board of Adjustment shall be provided for in the annual budget.
§ 190-258 Conservation Commission.
§ 190-259 Historic District Commission established.
There is hereby established a Historic District Commission for the City having all of the powers and duties set forth in RSA 31:89-f in effect as of July 9, 1980. Any subsequent amendments to the RSA shall not affect this article unless such amendments are first approved by the Mayor and Board of Aldermen.
§ 190-260 Membership of Commission.
Composition. The Historic District Commission shall consist of seven members appointed by the Mayor and confirmed by the Board of Aldermen, one member who is an Alderman, appointed by the President of the Board of Aldermen, and one member who is the Mayor or the Mayor's designee. All members shall be residents of the City. One member shall be a representative of a local nonprofit historical organization, one member shall be a registered architect, one member shall be an Alderman, one member shall be the Mayor or the Mayor's designee, one member shall be a member of the Planning Board, one member shall be a resident of a designated Historic District, if possible, and there shall be one other member.
Terms. The members of the Commission shall be appointed for three-year terms. Initial appointments shall be staggered so that subsequent appointments shall not occur at the same time.
Vacancies. If a vacancy is created, an interim appointment for the remainder of the term shall be made in accordance with the procedures hereinbefore described.
Qualifications. In determining the qualifications of a member of the Commission, the Mayor and Board of Aldermen shall take into consideration the individual's demonstrated interest and ability to understand, appreciate and promote the purposes of this article.
Alternates. There shall be three alternates appointed by the Mayor and confirmed by the Board of Aldermen.
§ 190-261 Organization, meetings and rules of Commission.
The Historic District Commission shall annually elect a Chairman and secretary from among the appointed members and create and fill such other offices as it may deem necessary to fulfill its work. The Commission shall meet at the call of the Chairman, and at such other time as the Commission may determine, and shall adopt rules for the orderly conduct of meetings. Minutes of all meetings shall be kept, and all records and meetings of the Commission shall be open to the public.
In order for the Commission to take any action, at least four members shall be present to constitute a quorum. A simple majority of the quorum shall be sufficient to approve or deny any motion to come before the Commission.
§ 190-262 Powers and duties of Commission.
The Historic District Commission shall develop a policy to accomplish the purposes of this section within the historic districts and to relate that policy to the Master Plan. The Commission shall have the power to accept, review and act upon all applications for building permits in reference to properties situated within the boundaries of any Historic District established herein. Such power of review and approval or disapproval shall be limited to those considerations which affect the relationship of the applicant's proposal to its surroundings, to the locating and arrangement of structures, to the architectural treatment of the exterior features and finish of structures, and to the compatibility of land uses within the district as they may be deemed to affect the character and integrity of the district to achieve the purposes of this article.
The Commission may request reports and recommendations regarding the feasibility of an applicant's proposal from any administrative official of the City. The Commission may seek advice from, or engage through contract, such technical assistance and consultants, and accept and use gifts, grants or other contributions as may be deemed necessary to carry out the purposes of this article, provided that no financial or other commitment or obligation is incurred without having first received the consent and approval of the Mayor and Board of Aldermen in accordance with the Charter of the City. The Commission shall file with the Building Department Manager a certificate of approval or notice of disapproval following the review and determination of an application. The Commission shall review the physical, social and cultural assets of the City and recommend the establishment of areas in the City for designation as Historic Districts to the Mayor and Board of Aldermen.
[Amended 2-26-2008 by Ord. No. O-08-07]