[Amended 8-14-2000 by Ord. No. 07.2000.07]
The City Manager shall appoint a Director of Planning and Community
Development or his or her designee who may be a City official and
whose duty it shall be to administer and enforce this chapter.
[Amended 8-14-2000 by Ord. No. 07.2000.07]
A.
Enforcement. The Director of Planning and Community Development or
his or her designee shall order the discontinuance of illegal use
of land or structures, removal of illegal structures or additions,
alterations or structural changes or discontinuance of any illegal
work being done or take any other action to ensure compliance with
the provisions of this chapter. Any permit or license issued in conflict
with this chapter shall be null and void.
B.
Interpretation. It shall be the responsibility of the Director of
Planning and Community Development or his or her designee to interpret
the provisions of this chapter for the purposes of any permit request
or application of the provisions for subdivision or site review proposals.
The Director of Planning and Community Development or his or her designee
is required to issue a statement of compliance, in writing, to the
Planning Board and concurrently to the applicant for subdivision and
site plan applications. Such a statement of compliance shall list
all areas of noncompliance.
A.
No building permit may be issued until the Director of Planning and
Community Development or his or her designee determines that the proposed
use of the structure or land conforms to the requirements of this
chapter. Such compliance shall be noted on the building permit.
[Amended 8-14-2000 by Ord. No. 07.2000.07]
B.
No occupancy permit shall be issued, and occupancies are prohibited,
until such time as the property conforms to the requirements of this
chapter, site plan and as-built requirements.
A.
Building and sign permits. No building permit shall be valid for
a period of more than 12 months from the date of issuance if construction
has not begun thereunder. No sign permit shall be valid for a period
of more than 12 months from the date of issuance if the sign has not
been erected or installed within this period.
B.
Special exceptions and variances. For the purposes of this section,
the issuance of approval shall begin on the date of action taken by
the Zoning Board of Adjustment.
(2)
Any final approval issued by the Zoning Board of Adjustment for a
special exception or variance shall automatically expire two years
after issuance of such an approval if:
(a)
Active and substantial development or building has not taken
place in cases where construction, erection, alteration, excavation,
demolition or similar work is necessary before the commencement of
such use; or
(b)
The use authorized by the approval has not commenced where construction,
erection, alteration, excavation, demolition or similar work is not
necessary before the commencement of such use.
C.
All permits. In cases where construction, erection, alteration, excavation,
demolition or similar work is necessary before the commencement of
such use authorized by a permit and such work is discontinued for
a period of one year, the permit authorizing such work shall automatically
expire.
D.
Extension of approvals.
(1)
The Zoning Board of Adjustment shall have authority to extend conditional
and final approvals for a special exception or variance for a period
of up to 12 months from the expiration date of such approval if the
Board makes a finding that:
(a)
The approval has not yet expired.
(b)
The approval recipient, his successors or assigns has proceeded
with due diligence and in good faith. In the case of conditional approvals,
this standard will be applied to the compliance with such conditions.
(c)
Facts submitted as part of the original application have not
changed.
(2)
Successive extensions may be granted for six-month periods so long
as the above findings are made.
(3)
All such extensions may be subject to an administrative fee but will
not be subject to fees associated with a new application.
Any person who violates any of the provisions of this chapter
shall be guilty of a violation not to exceed the maximum penalty as
set forth in RSA 676:17, Fines and Penalties. Such person, after being
notified once as provided by RSA 676:17 and 676:17-a, shall be deemed
to be guilty of a separate offense for each and every day during any
portion of which any violation of this chapter is committed, continued
or permitted by such person and shall be punishable therefor as provided
therein.
As provided by RSA 676:14, wherever the provisions of this chapter
differs from the authority of an existing ordinance or other regulation,
the provision which imposes the greater restriction or higher standard
shall be controlling.
[Amended 8-14-2000 by Ord. No. 07.2000.07]
The Planning Board, its members, the Zoning Board of Adjustment,
its members, and the staff of the Planning and Community Department,
in the performance of their functions, are hereby authorized to enter
upon any land and to make such examinations as are reasonably necessary.
In the event such entry is denied, they may obtain an administrative
inspection warrant under RSA 595-B.
