The establishment of a Board of Adjustment is
hereby authorized. The members of the Board shall be appointed by
the City Council. They shall be residents of the City and shall serve
without compensation. In accordance with the laws of the State of
New Hampshire, the following provisions shall apply:
A.
The Board of Adjustment shall consist of five regular
members and two alternates. Said members shall be appointed for a
term of three years, staggered so that appointments of no more than
two regular members and one alternate member occur annually. Said
members shall be removable by the appointing authority upon written
charges and after public hearing.
B.
Municipal officers shall not be members or alternate
members of the Board of Adjustment.
C.
When a member is unable to act because of conflict
of interest, physical incapacity or absence, an alternate shall be
designated by the Chairperson to act in such member's absence. The
City Council shall be notified by the Secretary of the Board of Adjustment
when any member is absent from three consecutive meetings.
D.
When there is a permanent vacancy, the City Council
shall appoint a person to serve for the unexpired term.
E.
The Board of Adjustment shall elect a Chairperson
and Secretary from its own membership.
The Board of Adjustment shall have the following
powers and duties, to be exercised only upon written appeal by a party
aggrieved by a decision of the Planning and Zoning Administrator:
A.
To determine whether the decisions of the Planning
and Zoning Administrator are in conformity with the provisions of
this chapter and to interpret the meaning of this chapter in cases
of uncertainty.
B.
To grant variances from the strict letter of this
chapter in cases of practical difficulty or undue hardship that would
deprive the owner of reasonable use of the land or building, provided
that there is no substantial departure from the intent of this chapter.
C.
To permit an exception to this chapter only where
the terms of the exception have been specifically set forth in this
chapter.
A.
For all appeals from decisions of the Planning and
Zoning Administrator for consideration of applications for permits
authorized by this chapter, the Board of Adjustment shall hold a public
hearing as prescribed herein, and the Clerk of the Board of Adjustment
shall notify all abutters. The Board Secretary shall cause to be published
and posted a notice which shall indicate the property involved, the
nature of the appeal and the time and place of the public hearing.
B.
The Planning and Zoning Administrator, unless prevented
by good cause, shall attend all hearings and shall present to the
Board of Adjustment all plans, photographs or other factual material
which is appropriate to an understanding of the appeal.
C.
The Board of Adjustment shall not continue hearings
to a future date except for good cause. Written notice of the decision
of the Board shall be sent to the appellant and the Planning and Zoning
Administrator forthwith.
Any person or any municipal department aggrieved
by a decision of the Planning and Zoning Administrator may appeal
such decision to the Board of Adjustment.
A.
Within 30 days of the date of the decision of the
Planning and Zoning Administrator, the appeal shall be entered at
the office of the Planning and Zoning Administrator upon forms to
be supplied and approved by the Board of Adjustment. The appellant
shall set forth on said form the grounds of his or her appeal and
shall refer to the specific provisions of this chapter involved. Following
the receipt of any appeal, the Planning and Zoning Administrator shall
notify forthwith the Chairperson of the Board of Adjustment. The Board
of Adjustment shall schedule a public hearing on the appeal in accordance
with the provisions of RSA 676:7. The appellant shall accompany this
appeal with a fee in accordance with the current fee schedule in effect
at the time the appeal is filed.
[Amended 9-14-1998 by Ord. No. 98-4]
B.
An aggrieved party may appeal from the decision of
the Board of Adjustment to the Superior Court as provided by the laws
of the State of New Hampshire.
