This chapter shall be known and may be cited
as the "Zoning Ordinance of the Town of Wolfeboro, New Hampshire."
This chapter is adopted pursuant to the authority
granted by RSA 674:16, as amended, which provides for the local legislative
body to adopt or amend a zoning ordinance under the Ordinance Enactment
Procedure of RSA 675:2-5.
A.
The provisions of this chapter are intended to regulate
the use of land for the purpose of protecting the public health, safety,
convenience and general welfare of the residents of the Town of Wolfeboro.
This chapter is adopted in accordance with and in order to implement
the Master Plan and other policies designed to promote the orderly
growth of the Town of Wolfeboro.
B.
Among other purposes, this chapter is specifically
adopted to preserve air and water quality; to conserve open space
and agricultural resources; to protect natural and scenic resources
from degradation; to provide for recreational needs; to protect life
and property from flooding and other natural hazards; to preserve
historic sites and structures; and to ensure that development is commensurate
with the character and physical limitations of the land. Further,
this chapter is designed to ensure that the timing, location and nature
of new development takes into account the immediate and long-range
financial impacts of proposed uses and enhances the achievement of
the Town's economic development goals.
In interpreting and applying the provisions
of this chapter, the provisions shall be held to be the minimum requirements
for the promotion of the health, safety, convenience and general welfare
of the Town of Wolfeboro and its residents. Where a provision of this
chapter differs from that prescribed by any other applicable statute,
ordinance or regulation, that provision which imposes the greater
restriction or the higher standard shall govern. Any use not specifically
permitted or permitted by conditional use permit is prohibited.
A.
Authority to administer this Zoning Ordinance is hereby
vested in the Town Manager, who is duly appointed by the Board of
Selectmen. The Town Manager shall appoint a Zoning Administrator and
a Code Enforcement Officer, who shall have the authority to request
from the property owner entry to any building, structure or premises,
or any part thereof, at any and all reasonable times for the purpose
of performing his/her official duties.
B.
No building permit shall be issued for any proposed
use, construction or activity which is not in compliance with the
Zoning Ordinance of the Town of Wolfeboro, site plan review approval,
or subdivision approval.
A.
Any person, partnership, association, company, corporation
or individual who violates, disobeys, omits, neglects or refuses to
comply with the provisions of this chapter shall be deemed guilty
of a misdemeanor offense and, upon conviction thereof by a court of
competent jurisdiction, shall be punished by a civil fine of $100
per day per violation of this Code for each day such violation continues.
A violation or suspected violation may be brought to the attention
of the Code Enforcement Officer by any individual who suspects that
such violation has or may be occurring.
B.
The Code Enforcement Officer shall conduct an investigation,
under the supervision of the Zoning Administrator, into the alleged
violation. If the investigation appears to uphold the allegation,
the Code Enforcement Officer shall first notify the offending party,
who shall have a maximum of 10 days in which to correct the violation
or in which to come to an agreement on a time frame in which the violation
may be abated. Such an agreement shall be binding. In the event that
these efforts fail to result in an abatement of the violation, the
Zoning Administrator shall file a complaint with the Town Attorney,
and the matter shall come before a court of competent jurisdiction
for resolution.
C.
Every violation of these regulations shall be a separate
and distinct offense, and in the case of a continuing violation, each
day's continuance shall be deemed a separate and distinct offense.
A.
There is hereby created the position of Zoning Administrator
appointed by the Town Manager, who is charged with the administration
and interpretation of this Zoning Ordinance.
B.
Duties.
(1)
The Zoning Administrator, his/her assistant
or designee shall:
(a)
Accept applications and ensure the appropriateness
and completeness.
(b)
Accept and remit fees as established in the
adopted administrative procedures.
(c)
Provide for the accuracy and security of the
Official Zoning Map.
(d)
Undertake any other administrative function
appropriate to the office of the Zoning Administrator.
(e)
Report to the Town Planning Board any recommendations
for changes and improvements in these regulations and the procedures
therein.
(f)
Make recommendations to the Zoning Board of
Adjustment in connection with any application for variance or appeal
and recommend such conditions as may be necessary to fully carry out
the provisions and intent of this Zoning Ordinance.
(g)
Take the most conservative or restrictive approach
in applying or interpreting these regulations.
(2)
Zoning Administrator shall not:
(a)
Make any changes in the uses categorically permitted
in any zoning classification or zoning district or make any changes
in the terms of this Zoning Ordinance or make any changes in the terms,
classifications or their boundaries on the Official Zoning Map.
(b)
Issue any variance from the Zoning Board of
Adjustment without the specific direction to do so from the Zoning
Board of Adjustment.
A.
There is hereby created the position of Code Enforcement
Officer, appointed by the, Town Manager, who is charged with the enforcement
of this Zoning Ordinance, the Site Plan Review Regulations, and the
Subdivision Regulations and all approvals associated with these regulations.[1]
B.
Duties.
(1)
The Code Enforcement Officer shall:
(a)
Enforce any and all provisions of this chapter.
(b)
Enforce any and all provisions of the Site Plan
Review regulations and Subdivision Regulations.
(c)
Keep complete, accurate and secure records.
(d)
Issue any permit granted by the Planning Board
or ordered by the Zoning Board of Adjustment and make periodic inspections
to verify that all conditions of such granted permit are complied
with by the applicant or his agent.
(e)
Receive and investigate allegations of noncompliance
or violation of these regulations, report findings to the Town Manager
and file a complaint where such allegations are based on apparent
fact.
(f)
Refer any matters under appeal to the Zoning
Board of Adjustment for its action.
(g)
Refer any matters requiring interpretation to
the Zoning Administrator for his/her action.
(h)
Take the most conservative or restrictive approach
in applying these regulations.
(2)
Code Enforcement Officer shall not:
(a)
Make any changes in the uses categorically permitted
in any zoning classification or zoning district or make any changes
in the terms of this Zoning Ordinance or make any changes in the terms,
classifications or their boundaries on the Official Zoning Map.
(b)
Issue any variance from the Zoning Board of
Adjustment without the specific direction to do so from the Zoning
Board of Adjustment.
The Planning Board delegates its site review
powers for minor site plan reviews as listed in Article of this chapter,
as denoted by a footnote for minor site plan review following the
permitted use. The Technical Review Committee shall consist of the
Town Planner and staff representatives from the Public Works, Municipal
Electric, Code Enforcement, Police and Fire Departments, and a Planning
Board member. This Technical Review Committee shall have final authority
to approve or disapprove site plans reviewed by it. Decisions rendered
by this Committee, however, may be appealed to the full Planning Board,
provided that a notice of appeal is filed within 20 days of the posting
of the Committee's decision.
There shall be a Zoning Board of Adjustment,
as now constituted, of five members, which shall have the powers,
and be subject to the provisions of RSA 674:33, as amended. Members
shall be appointed and removed, and vacancies in said Board filled,
as provided in RSA 673, as amended. The Board of Adjustment shall
have the power to set and administer fees pursuant to RSA 673:16,
II, as amended.
A.
No building, structure, or land shall hereafter be
used, no building or structure shall hereafter be moved, altered,
erected, or demolished, or no land altered and/or improved for the
placement of a building or structure except in conformity with the
regulations and uses specified for the use district in which said
property is located as evidenced by the appropriate official permit(s)
which. must be obtained prior to undertaking any such action. The
fees for all permits shall be set by the Selectmen and posted by the
Code Enforcement Officer.
[Amended 2002 ATM]
B.
No permit for any construction, building or mobile
home location or relocation or sign shall be issued unless an elevation
plot plan identifying and locating said construction or relocation
and bearing the owner's and/or agent's signature has been filed with
the permit officer.
C.
A permit is valid for a period of one year from the
date of issue.
D.
Evidence of issuance of a permit shall be clearly
posted on buildings where such permit is required. The form of this
posting shall be prescribed by the permit officer when the permit
is issued.
Appeals to the Board of Adjustment may be taken
by any person aggrieved or by an officer, department, board, or bureau
of the municipality affected by any decision of the permit officer,
in the manner prescribed by RSA 676:5, as amended, within the time
limit set forth by the Board of Adjustment according to said statute.
This article may be amended by a majority vote
of any legal Town Meeting; provided, however, that all amendments
shall be submitted in advance to the Wolfeboro Town Planning Board,
which shall report thereon to the Town Meeting.
Any person, firm or corporation which violates
any of the provisions of this article shall be punishable by a fine
of not more than $100 for each separate offense. Each day during which
a violation is committed or continued shall be deemed to constitute
a separate offense.
The Wolfeboro Town Planning Board shall have
the powers and duties of Town Planning Boards as set forth in RSA
676:4, as amended.
The validity of any provision of this article
shall not affect the validity of any other provision or the validity
of the ordinance as a whole. In case any subsection, paragraph, or
part of this subdivision is, for any reason, declared invalid or held
unconstitutional by any court of last resort, every other subsection,
paragraph or part shall continue in full force and effect.
