A. 
This chapter shall be enforced by the Zoning Administrator, who shall have the authority to make inspections necessary to carry out his/her duties in the enforcement of this chapter.
B. 
The Building Inspector shall not approve an application or issue a building permit or certificate of occupancy for any purpose, except in compliance with the provisions of this chapter.
The administration and enforcement of this chapter shall be in any manner authorized by state statute, including but not limited to RSA 31:39-d, 676:14, 676:15, 676:17, 676:17-a, and 676:17-b.
A. 
Purpose. The purpose of the Zoning Board of Adjustment is to hear and decide appeals of any person(s) who is aggrieved by the administration, enforcement and application of this chapter.
B. 
Authority. The Zoning Board of Adjustment shall be duly constituted and shall have such duties and powers as specified under RSA 673:3 and 674:33 and this chapter as set forth herein.
C. 
Powers and duties.
(1) 
Powers. The Zoning Board of Adjustment shall have the following powers:
(a) 
To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made in the enforcement of this chapter (interpretation of ordinance).
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(b) 
To hear and decide special exceptions to the terms of this chapter upon which the Zoning Board of Adjustment is required to pass under this chapter (special exception).
(c) 
To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done (variance).
(d) 
To hear and decide requests for equitable waivers from the dimensional terms of this chapter where a structure has been found to be in violation of said dimensional requirement.
(2) 
Interpretation of chapter.
(a) 
On appeal from an order or decision made by any officer or board of the City, the Zoning Board of Adjustment shall have the power to decide any of the following questions:
[1] 
Determination of the meaning of any provision of the text of this chapter.
[2] 
Determination of the exact location of any district boundary shown on the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[3] 
The Zoning Board of Adjustment shall hear and decide appeals de novo and review on appeal any order, requirement, decision or determination made in the enforcement or application of this chapter. Upon such appeal, the Zoning Board of Adjustment may, in accordance with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify any such order, requirement or decision as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(3) 
Special exceptions. The Zoning Board of Adjustment shall have the power to hear and decide on application for special exceptions. In applying a special exception, the applicant need not demonstrate hardship, since the basis for the action is of general benefit to the City as a whole.
(a) 
In granting a special exception, the Zoning Board of Adjustment, with due regard to the nature and condition of all adjacent structures and uses and the district within which the same is located, shall find all of the following general conditions to be fulfilled:
[1] 
The requested use is essential or desirable to the public convenience or welfare.
[2] 
The requested use will not create undue traffic congestion, or unduly impair pedestrian safety.
[3] 
The requested use will not overload any public water, drainage or sewerage system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the City will be unduly subjected to hazards affecting health, safety or the general welfare.
(b) 
Any special exception which has not been acted upon in accordance with the approval of the Zoning Board of Adjustment within four years of the date of said approval shall be considered null and void.
(4) 
Variances.
(a) 
The Zoning Board of Adjustment may authorize a variance from the terms of this chapter for:
[1] 
A particular use.
[2] 
A parcel of land.
[3] 
An existing/proposed building.
(b) 
Said variance shall only be granted where unusual difficulty or special hardship would be imposed by the literal application and rigorous enforcement of this chapter.
(c) 
In granting variances, the Zoning Board of Adjustment, if it deems it proper to the carrying out of the intent and purpose of this chapter, may impose such reasonable and additional stipulations and conditions as will, in its judgment, better fulfill the purpose of this chapter.
(d) 
Any variance which has not been acted upon in accordance with the approval of the Zoning Board of Adjustment within four years of the date of said approval shall be considered null and void.
(5) 
Other requirements. The granting of any appeal by the Zoning Board of Adjustment shall not exempt the applicant from any provision of this chapter not specifically ruled upon by the Zoning Board of Adjustment or specifically set forth as excepted in this particular case from a provision of this chapter. It shall be unlawful for any owner or person to reconstruct, convert or alter a structure or change the use, increase the intensity of use or extend or displace the use of any building, other structure or lot or change any required limitations or special conditions imposed by the Zoning Board of Adjustment in authorizing a special exception or variance without appealing to the Zoning Board of Adjustment as a new case, over which the Zoning Board of Adjustment shall have complete administrative power to deny, approve or modify.
(6) 
Public hearing. The Zoning Board of Adjustment shall fix a reasonable time for the hearing of an appeal in accordance with its bylaws, and before any hearing is given either on an appeal or an application for variance or special exception of this chapter, notice shall be given to all abutters of any portion of the lot in question. Notice shall be given to abutters by verified mail, and also placed in a newspaper of general circulation, not less than five days before the date fixed for the hearing of the appeal. The costs of any notice shall be paid by the appellant or applicant to the Department of Planning and Community Development.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
D. 
Appeal from the decision of the Zoning Board of Adjustment.
(1) 
Rehearing. Within 30 days after any order or decision of the Zoning Board of Adjustment, any party to the action or proceedings or any person directly affected thereby may apply for a rehearing in respect to any matter determined in the action or proceeding or covered or included in the order, specifying in the motion for rehearing the grounds therefor, and the Zoning Board of Adjustment may grant such rehearing if, in its opinion, good reason therefor is stated in such motion.
(2) 
Appeal to Superior Court. No appeal from any order or decision of the Zoning Board of Adjustment shall be taken unless the appellant shall have made application for rehearing as provided above, and when such application shall have been made, no ground set forth herein shall be urged, relied on or given any consideration by the Court, unless the Court for good cause shown shall allow the appellant to specify additional grounds. Within 30 days after the application for a rehearing is denied or, if the application is granted, then within 30 days of the decision on such rehearing, the applicant may appeal by petition to the Superior Court.
[Amended 9-11-2019 by Ord. No. 2019.08.28-012; 8-9-2023 by Ord. No. 2023.07.12-008; 10-8-2025 by Ord. No. 2025.09.24-2]
A. 
Power to amend. In accordance with RSA 674:16, the City Council may, from time to time, amend the provisions of this chapter.
B. 
Initiation of amendments. Amendments may be initiated by the City Council, the Planning Board, or by petition from one or more property owners in Dover or citizens of Dover.
C. 
Procedure for consideration of a proposed amendment.
(1) 
Amendments initiated by the Planning Board. The Planning Board may, upon its own initiative, from time to time, consider amendments to this chapter or Zoning Map and submit recommendations for amendments to the City Council. Such amendments shall be developed pursuant to the public notice and hearing requirements contained in Subsection D below.
(2) 
Amendments initiated by the City Council. The City Council may, upon its own initiative, from time to time, consider amendments to this chapter or Zoning Map. All such City Council-initiated amendments shall be referred to the Planning Board for its review and study. The referral shall be made, in writing, by the Mayor. The Planning Board shall, after following the public notice and hearing requirements contained in Subsection D below, submit written recommendations regarding the amendments to the City Council within 60 days of their referral.
(3) 
Amendments initiated by Dover citizens or property owners. Dover citizens or owners of property in Dover submitting amendments to this chapter or Zoning Map shall forward their proposed amendments to the Planning Board for its consideration and recommendation. Such submission shall contain the information required by Subsection E below. The Planning Board shall have the petition placed on the agenda for its next regularly scheduled meeting that proper notice, as required in Subsection D below, can be met. After the public hearing, the Planning Board shall make its recommendations concerning the petitioned amendments to the City Council within 60 days of the date of the initial public hearing.
D. 
Public notice and hearing requirements.
(1) 
Public notice. Public notice shall be given for the time and place of the public hearing at least 10 days before the hearing, not including the day the notice is posted or published or the day of the public hearing. In accordance with the requirements of RSA 675:7, I(a) and (b)(3), notice of the public hearing shall be posted in at least three public places, including the City website. In accordance with RSA 675:7, I(b), the posting on the City website shall appear prominently on the City's home page (or a link directly to the notice appearing prominently on the City's home page), shall be posted at least 10 days before the hearing, and shall remain posted on the website until the conclusion of the hearing.
(2) 
Notice to landowners and abutters. Except as hereinafter provided, a letter of notification shall be sent to landowners whose property lies within that area affected by a rezoning boundary change, change in permitted minimum lot sizes, or change in permitted use to their zone. Otherwise, notices will be sent per RSA 675:7. All such notices shall be sent to the address used for mailing local property tax bills, shall be by first-class mail and shall be sent at least 10 days prior to the scheduled public hearing date. In accordance with RSA 675:7, I-a, good faith effort and substantial compliance shall satisfy the notice requirements set forth in this subsection. In accordance with RSA 675:7, I-b, in the event of petitioned zoning amendments, the petitioners shall be responsible for the full cost of notice by mail as set forth in this subsection. The requirements of RSA 675:7 shall apply if and to the extent RSA 675:7 (as may be amended from time to time) provides other or more stringent requirements than the notice and other requirements stated in this subsection.
(3) 
Text of notice. All letters of notification and public notices shall state the time and place of the public hearing, the nature of the amendment, and a general description of the property involved, where applicable, and designate a place where the full text of the amendment is on file for public inspection.
E. 
Submission requirements for petitioned amendments. A petitioned amendment proposal shall be accompanied by maps, data and narrative information describing the location, nature and purpose of the proposed amendment, as follows:
(1) 
A properly drafted ordinance containing the amendment in a form meeting the requirements of the City Clerk;
(2) 
A statement of the purposes and intent of the proposed amendment;
(3) 
A statement of the impact of the proposed amendment on the City's economy, environment, municipal services, municipal facilities and neighborhoods;
(4) 
A map showing the existing zoning districts and the amendments to these districts as proposed in the amendment, if applicable;
(5) 
The names, addresses, and telephone numbers of those submitting the petition and of any agents or representatives of the same;
(6) 
A list and address labels including the name, address, and Tax Map number of each property owner of the area proposed for rezoning and each property owner within 100 feet of the subject area. The list shall be current within 10 days of submittal; and
(7) 
A nonrefundable fee as contained within the Fee Schedule per landowner and abutter required to be notified per Subsection D(2).
F. 
Criteria for Planning Board review of proposed amendments. The Planning Board shall provide to the City Council a report on each proposed amendment. The report of the Planning Board shall include the Planning Board's findings and recommendations on the following:
(1) 
The consistency of the proposed amendment with the Master Plan;
(2) 
The consistency of the proposed amendment with other plans, studies, or technical reports prepared by or for the Planning Board and the City;
(3) 
The effect of the proposed amendment on the City's municipal services and capital facilities as described in the capital improvements program;
(4) 
The effect of the proposed amendment on the natural, environment, and historical resources of the City;
(5) 
The effect of the proposed amendment on neighborhood, including the extent to which nonconformities will be created or eliminated;
(6) 
The effect of the proposed amendment on the City's economy and fiscal resources; and
(7) 
The recommendation of the Planning Board relative to whether the proposed amendment should be adopted or rejected, and any recommendations for modifications to the proposed amendment.
G. 
City Council action on proposed amendments.
(1) 
Setting a hearing date. Upon receipt of the Planning Board's report and recommendations on the proposed amendment, or upon the expiration of the sixty-day study period, the City Council shall establish a date for a public hearing and shall further publish and post a notice of such hearing as specified in Subsection D.
(2) 
Waiver of notice. In the event that the proposed amendment is comprehensive in nature, the aforementioned provisions requiring notice by first class mail to individual landowners and abutters may be waived by a majority vote of the full City Council, with respect to the public hearing to be held before it. An amendment shall be deemed to be comprehensive in nature if it affects more than one of the zoning districts established by § 170-7 of this chapter.
(3) 
Action on the proposed amendment. After holding the duly noticed public hearing on a proposed amendment, the City Council shall approve or disapprove the amendment. The City Council shall not have the right to overrule the Planning Board recommendations unless by a vote of not less than 2/3 of its membership present and voting.
(4) 
Protest petition. If a valid protest petition, in accordance with RSA 675:5, has been filed against a proposed amendment, a favorable vote of 2/3 of the City Council members present shall be required.