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.
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.
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.
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.