A.
Zoning Administrator. This chapter shall be administered and interpreted
by the Zoning Administrator, who shall be appointed by the Rochester
City Manager. The City Manager may, at his/her option, designate a
different individual to serve as Zoning Enforcement Officer, with
responsibility for enforcing this chapter. If the City Manager does
not make such a separate appointment, enforcement responsibilities
shall be vested in the Zoning Administrator. Furthermore, the Zoning
Administrator and Zoning Enforcement Officer may assign or designate
all or some of their duties to others subject to approval of the City
Manager.
B.
Appeals. Any person who believes that the Zoning Administrator has made an error in any interpretation or application under this chapter may appeal that decision to the Zoning Board of Adjustment as an administrative appeal. (See Article 4, Zoning Board of Adjustment.)
C.
Recourse for prohibited uses. Where an applicant is informed that
his/her proposed project does not comply with the requirements of
this chapter, if the applicant nonetheless believes that there is
justification for the project then he/she has four options:
(1)
Appeal. Appeal the decision to the Zoning Board of Adjustment if the administrative decision is believed to be incorrect (see Article 4, Zoning Board of Adjustment);
(2)
Variance. Apply to the Zoning Board of Adjustment for a variance if it is believed that special circumstances surrounding the property justify a departure from the requirements of this chapter (see Article 4, Zoning Board of Adjustment);
D.
Fees. Application fees and other pertinent fees may be established
under this chapter. Fees shall be established specifically as part
of this chapter or separately by the Rochester City Council.
E.
Outside review. As outlined in RSA 676:4, I(g), any applicant may
be assessed reasonable fees to cover the cost of special investigative
studies, review and inspections by outside consultants, and review
of documents by the City Attorney.
F.
Entering property.
(1)
The Zoning Administrator and the Zoning Enforcement Officer
(if different from the Zoning Administrator), and their staff, shall
have the authority to make any on-site inspections which might be
necessary to carry out their duties in the administration and enforcement
of this chapter.
(2)
Furthermore, every applicant for a permit or approval under
this chapter or under the Site Plan Regulations or the Subdivision
Regulations, by virtue of submitting the application, shall be deemed
to have consented to any inspection(s) of the subject property that
may be reasonably necessary for the City's officials, employees, board
members, or other agents to make informed decisions relative to the
application and to determine compliance after approval with the subject
permit or approval.
(3)
Refusal by an applicant to consent to such inspection may be
grounds for denial of any permit or approval where such inspection
is reasonably necessary to make any determinations relevant to the
application.
(4)
It is understood that any City officials must use all due care
and consideration when entering property under this chapter.
G.
Vesting. See RSA 674:39 in relation to vesting of projects.
H.
Government land uses and development. See RSA 674:54 in relation
to use and development by government agencies.
I.
Public uses. For all public uses, in addition to the provisions of
RSA 674:54, it is requested of local, state, and federal governments
that a public hearing before the Planning Board be held, with certified
notices to abutters and posting of a public notice at least 10 days
in advance of the public hearing, and that the following be submitted
to the Planning Board:
(1)
A statement indicating the need for the facility or use, the
criteria used in selecting a site, the location of alternative sites
that were considered, and the reasons for selecting the specific site;
(2)
A statement discussing conformity with this chapter, the intent
of this chapter, the Site Plan Regulations and/or Subdivision Regulations,
the Master Plan, and other governmental policies and plans;
(3)
A report about potential impacts and plans to mitigate impacts (including traffic and other impacts listed in Article 28, Performance Standards); and
(4)
All documentation, materials, and engineering detail ordinarily
required under the Site Plan Regulations.
J.
Pending ordinance changes. In accordance with RSA 676:12, concurrent
with the adoption of this chapter, the Rochester City Council also
votes to be subject to the provisions of RSA 676:12, I, wherein once
the first legal notice for a proposed change in this chapter is published
pursuant to RSA 675:7, unless exempted by RSA 676:12, VI, no building
permit may be issued for any use or activity which would not be permitted
under the proposed zoning change. Once final action is taken on the
proposed zoning change, the Director of Building, Zoning, and Licensing
Services may issue or deny the building permit based upon whether
the zoning in place at that time (after final action) allows the use
or activity or not.
K.
Designee. Any City official or board or commission may designate
any particular task or responsibility under this chapter to another
official or board or commission, unless otherwise prevented from doing
so by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Most restrictive provision. Where a provision of this chapter differs
from any provision contained in any other applicable statute, regulation,
ordinance, code, standard, or policy, that provision which imposes
the greatest restriction or the highest standard shall govern.
B.
Overriding state or federal law. Where any state or federal law overrides
any provision(s) of this chapter, the state or federal law shall be
determining and any affected portions of this chapter may be disregarded
or interpreted as necessary to comport with the overriding law.
No application shall be approved nor shall any permit or approval
be issued except in compliance with all pertinent provisions of this
chapter and all requirements imposed under site plan and subdivision
review. Where a proposal is subject to site plan or subdivision review,
no permit or approval shall be issued until that review is conducted
unless otherwise appropriately waived or adjusted. The following permits
are required under this chapter (and under other sections of this
chapter):
A.
Building permit. No building or other structure as required by the
City of Rochester Building Code, as amended, shall be constructed,
altered, enlarged, or moved unless a building permit for such action
has been issued by the Director of Building, Zoning, and Licensing
Services. In accordance with RSA 676:13, I, no building permit or
certificate of occupancy shall be issued for any building or activity
unless it is in compliance with the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Sign permit. No sign regulated by Article 29 shall be installed, erected, placed, displayed, altered, or enlarged unless a sign permit for such action has been issued by the Director of Building, Zoning, and Licensing Services.
C.
Fence permit. No fence or wall regulated by Article 23, Accessory Uses, shall be installed, erected, or expanded unless a fence permit has been issued by the Director of Building, Zoning, and Licensing Services.
D.
Driveway permit. No driveway, access point, or curb cut connecting
a lot to a public road shall be constructed or installed unless a
driveway permit has been issued in accordance with all requirements
of this chapter and all other City, state, and federal regulations
and policies. The Director of Building, Zoning, and Licensing Services
or Commissioner of Public Works may waive the requirement for issuance
of a specific driveway permit accessing a City road where a site plan
application indicating details of the proposed driveway or access
point has been duly approved by the Planning Board.
E.
Certificate of occupancy. No building or structure hereafter erected
or altered (wholly or partly) or moved shall be used or occupied until
the Director of Building, Zoning, and Licensing Services has issued
a certificate of occupancy for the building or structure specifying
the use to which it may be put. The Director may withhold issuance
of a certificate of occupancy pending completion of required site
improvements; compliance with this chapter and the Site Plan Regulations/Subdivision
Regulations; compliance with any conditions of approval; compliance
with pertinent City, state, and federal requirements; and submission
of required information and documentation; and for other appropriate
reasons. (See RSA 676:13.)
F.
Foundation certification. Footings/foundations for all new building
construction shall be certified by a State of New Hampshire licensed
land surveyor prior to any further construction.
A.
This chapter shall be enforced in accordance with the provisions
set forth in RSA 676:15, 676:17, 676:17-a, 676:17-b and other applicable
law.
B.
It is the responsibility of the Zoning Administrator to enforce this
chapter.
C.
Any and all appropriate measures may be taken to enforce this chapter
and to prevent, restrain, correct, abate, or mitigate any alleged
violations, including, but not limited to, issuing notices of violation,
cease-and-desist orders, fines and penalties, local land use citations,
injunctions, or warnings; withholding of permits or approvals, where
applicable; seeking to negotiate a reasonable solution with the alleged
violator; or referring the alleged violations to the City Solicitor
or the City of Rochester Police Department, or to other local, state,
and federal agencies. See RSA 676:15 to 676:17-b.
D.
The owner of record of a property is responsible for ensuring that
his/her/its property complies in full with all provisions of this
chapter.
E.
Any person, partnership, association, company, corporation or individual
who or which violates, disobeys, omits, neglects, or refuses to comply
with the provisions of this chapter shall be deemed guilty of a misdemeanor
if a natural person or guilty of a felony if any other person and,
upon conviction thereof by a court of competent jurisdiction, shall
be punished by a civil fine as set forth in RSA 676:17.
F.
Every violation of these regulations shall be a separate and distinct
offense.
G.
Safe site conditions. Any person, company, or other entity who or
which has been served with a notice and ceases any work or other activity
shall not leave any structure or lot in such a condition as to be
a hazard to public health or safety or a detriment to the general
welfare.
H.
Where any successful legal action is brought by the City to enforce
this chapter, the City may recover its out-of-pocket costs and reasonable
attorneys' fees actually expended in pursuing the legal action (in
accordance with RSA 676:17, II).
A.
Procedure. The procedure for amending this chapter is specified in
RSA 675:2 and 675:7. Amendments to this chapter may be initiated by
any citizen, the Planning Board, the City Council, the Mayor, the
City Manager, or any department or other City board or commission
in accordance with this chapter. The chronological steps for enacting
zoning amendments are as follows:
(1)
Petition form. A blank petition form is obtained from the Planning
and Development Department.
(2)
Submission.
(a)
The petition is completed and returned to the City Clerk's office along with a fee of one hundred dollars ($100.) and any other pertinent materials. In the case of text amendments (see Subsection B below) the petition shall include specific proposed language.
(b)
The fee is not charged, and the formal petition form need not
be used, for amendments initiated by any board, commission, department,
or other City official acting in an official capacity.
(3)
The City Clerk's office forwards a copy of the petition to the
Planning and Development Department.
(4)
Deadline. See RSA 675:2 and 675:7.
(5)
Council consideration.
(a)
The petition is placed on the City Council agenda for consideration.
At its discretion, the Council may deny the petition at this stage.
If acceptable, it is sent to the City Attorney to place it into legal
form.
(b)
At the discretion of the City Manager, this step may be skipped
and the petition may be sent directly to the City Attorney to place
into legal form.
(6)
Legal form. The City Attorney places the petition into legal
form.
(7)
First reading. City Council holds first reading on the petition.
At its discretion the Council may deny the petition at this stage.
When a petition is denied at any stage, the Council may elect to initiate
an alternative amendment or to request that the Planning Board formulate
an alternative amendment.
(8)
Planning Board recommendation.
(a)
The Planning Board makes a formal recommendation on the petition.
The Board must make its recommendation within 45 days of first reading.
At its discretion, the City Council may extend this time frame up
to an additional 30 days.
(b)
If the Planning Board recommends against a zoning amendment,
a two-thirds vote of the City Council shall be required to adopt the
amendment. If the Planning Board does not submit a recommendation
within 45 days of first reading (or as may be extended by the City
Council) or if it does not make a recommendation, then it shall be
deemed a favorable recommendation for the purpose of this subsection
herein.
(c)
Where the Planning Board initiates an amendment, the proposal
shall not be sent to the Board for a recommendation.
(9)
Public hearing. A public hearing is held, either by the full
City Council or by a subcommittee of the City Council. The public
notice must be placed in a newspaper of general circulation at least
10 days prior to the public hearing and it must be posted in at least
two public locations. The full text of the proposed amendment need
not be included in the notice if an adequate statement describing
the proposal is stated in the notice.
(10)
Second reading.
(a)
Second reading is held and the amendment is either adopted or denied. Any proposed amendment shall require a majority affirmative vote of Council members present in order to pass except where the Planning Board has recommended denial (as discussed above). The City Council shall take final action on any petition within 120 days of first reading (except in the case of protest petitions; see Subsection C below).
(b)
The Council may make minor changes to the proposed amendment
at second reading/adoption, provided the amendment remains substantially
the same as that which was advertised for the public hearing.
(11)
Filing. A copy of any approved zoning amendments is placed on
file with the City Clerk for public inspection. A copy is also sent
to the New Hampshire Office of Energy and Planning.
B.
Types of amendments. There are two types of zoning amendments as
follows. The procedure for amendments is the same except where noted.
C.
Protest petition.
(1)
In accordance with RSA 675:5, adoption of an amendment that
is the subject of a protest petition shall require a favorable vote
of 2/3 of all the members of the City Council present and voting.
In order to qualify as a protest petition, a protest against a proposed
map amendment must be signed by either:
(2)
The address of the subject property must be included on the
petition and the property owners signing the petition must identify
themselves on the petition by name and address so that the City Clerk
may identify them as interested and affected parties.
(3)
The protest petition must be submitted to the City Clerk at
least seven days prior to the date at which second reading is scheduled.
Copies of the protest petition will be distributed to City Council
members.
(4)
Any individual protest petition may apply to only one proposed
zoning amendment. Separate protest petitions must be submitted for
multiple amendments.
(5)
In the case of a protest petition, the City Council shall act
within 120 days of the date of first reading.
