This chapter shall be referred to as the "City of Laconia Zoning
Ordinance."
A.
Pursuant to the authority conferred by Title LXIV, Planning and Zoning,
New Hampshire Revised Statutes Annotated, the zoning regulations and
districts as herein set forth are designed to regulate and restrict:
(1)
The height, number of stories and size of buildings and other structures.
(2)
Lot sizes, the percentage of a lot that may be occupied, and the
size of courts, yards and other open spaces.
(3)
The density of the population in the municipality.
(4)
The location and use of buildings, structures and land used for business,
industrial, residential or other purposes.
B.
Further, this chapter is designed to:
(1)
Lessen congestion in the streets.
(2)
Secure safety from fires, panic and other dangers.
(3)
Promote health and the general welfare.
(4)
Provide adequate light and air.
(5)
Prevent the overcrowding of land.
(6)
Avoid undue concentration of population.
(7)
Facilitate the adequate provision of transportation, solid waste
facilities, water, sewerage, schools, parks and other public requirements.
(8)
Assure proper use of natural resources and other public requirements.
C.
Authority for this chapter includes the power to adopt innovative
land use controls under RSA 674:16, II, Grant of Power, including
but not limited to the specific methods of innovative land use controls
contained in RSA 674:21, Innovative Land Use Controls. Within this
chapter, innovative land use controls may be applied through the use
of conditional use permits. Wherever a conditional use is authorized
by this chapter, the authority to administer or grant conditional
use permits shall be vested in the Planning Board.
These regulations are made with reasonable consideration, among
other things, to the character of the district and its peculiar suitability
for particular uses and with a view to conserving the value of buildings
and encouraging the most appropriate use of land throughout such municipality.
This chapter shall be effective throughout the City's planning
jurisdiction. The City's planning jurisdiction comprises the area
within the corporate boundaries of the City. In addition to other
locations required by law, a copy of a map showing the boundaries
of the City's planning jurisdiction shall be available for public
inspection in the Department of Planning and Community Development.
The provisions in this chapter were originally adopted on December
26, 1995, and became effective on January 1, 1996.
Wherever the provisions of this chapter come in conflict with
any other ordinance or duly promulgated rules or regulations, the
more strict shall prevail.
To the extent that the provisions of this chapter are the same
in substance as the previously adopted provisions that they replace
in the City's Zoning Ordinance, they shall be considered as continuations
thereof and not as new enactments unless otherwise specifically provided.
In particular, a situation that did not constitute a lawful, nonconforming
situation under the previously adopted Zoning Ordinance does not achieve
lawful nonconforming status under this chapter merely by the repeal
of the former Zoning Ordinance.[1]
[1]
Editor's Note: The "former Zoning Ordinance" refers to Ch.
48 of the Public Ordinance of 1975.
It is the intention of the City Council that this chapter implement
the planning policies adopted by the Council for the City as reflected
in the Master Plan and other planning documents. While the City Council
reaffirms its commitment that this chapter and any amendment to it
be in conformity with adopted planning policies, the Council hereby
expresses its intent that neither this chapter nor any amendments
to it may be challenged on the basis of any alleged nonconformity
with any planning document.
[Amended 12-8-1997 by Ord. No. 12.97.12]
No person may use, occupy or sell any land or buildings or authorize
or permit the use, occupancy or sale of land or buildings under their
control except in accordance with all of the applicable provisions
of this chapter. For the purposes of this section, the use or occupancy
of a building or land relates to anything and everything that is done
to, on or in that building or land. The City of Laconia shall be exempt
from the provisions of this chapter subject to the Planning Board
granting a conditional use permit for the proposed municipal use in
accordance with the procedures set forth herein.
Reasonable fees sufficient to cover the costs of administration,
inspection, publication of notice and similar matters shall be set
by the City Council and shall be charged to applicants seeking services
governed by this chapter. Fees established in accordance with this
subsection shall be paid upon submission of an application or notice
of appeal.
Unless otherwise specifically provided, the time period within
which an act is to be done shall be computed by excluding the day
of the event or act that starts the time period, and no others; if
the final day of the period falls on a Saturday, Sunday or legal holiday,
the period shall extend to the next day that is not a Saturday, Sunday
or legal holiday.
