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.