City of Nashua, NH Article XIV Administrative Procedures

§ 190-128 Land use permit.

A. Applicability. It shall be unlawful for any owner or person to erect, construct, reconstruct, convert or alter a structure or change the use, increase the intensity of use, or extend or displace the use of any building, sign, other structure or lot without applying for on forms supplied by the Administrative Officer, and receiving from him a permit therefor. When any change is made in a plot plan as originally submitted, an application for a revised permit shall be submitted.

B. Initiation. A land use permit shall be initiated by filing an application with the Administrative Officer. For purposes of administration, such permit and application procedure involving a structure may be made at the same time and combined with the permit required under the building code. In addition to plans and drawings required for submission under regulations of the Building Code,[1] all applications for permits shall be accompanied by two copies of a plan. One copy of such plan shall be returned to the applicant if approved by the Administrative Officer. Such plan shall be drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected, location and design of off-street parking and loading spaces, signs and such other information as may be necessary to determine and provide for the enforcement of this Part 3. The information required on the plan may be combined with the information required for any site plan required by this Part 3. A record of such applications and plans shall be kept in the office of the Administrative Officer.

[1] Editor's Note: See Ch. 105, Building Construction.

C. Decision. The Administrative Officer shall approve, approve with conditions, or deny the application within 30 days. An appeal may be filed with the Zoning Board of Adjustment pursuant to § 190-136.

D. Approval criteria. The application shall be approved if it complies with the applicable provisions of this chapter. The application shall be denied if it does not conform to the applicable provisions of this chapter.

E. Amendments. An amendment to a land use permit shall be processed in the same manner as a new application.

F. Scope of approval. Authorization for a permit shall be null and void one year from date of approval of a land use permit if not used or extended.

G. Recording procedures. The applicant shall maintain custody of the permit. A copy of the application may be retained in the office of the Administrative Officer.

§ 190-129 Building permit.

See Chapter 105, Building Construction, of the Code of the City of Nashua.

§ 190-130 Certificate of use and occupancy.

A. New development.

(1) Applicability. It shall be unlawful to use or occupy any structure or lot for which a permit is required herein without the owner applying for and receiving from the Administrative Officer a certificate of use and occupancy. Such certificate may be combined with the one that may be issued under the Building Code.

(2) Initiation. A certificate of occupancy, either for the whole or a part of a new building or for alteration of an existing building, shall be applied for coincidently with the application for a building permit.

(3) Decision. The Administrative Officer shall take action within 30 days after written notification that the erection or alteration of such building or part has been completed in conformity with the provisions of this Part 3. Failure of the Administrative Officer to act within 30 days shall be considered approval.

B. Change of use.

(1) Applicability. A certificate of occupancy is required for the use or occupancy of vacant land, or for a change in the use of land, or for a change in the use of an existing building.

(2) Initiation. The certificate of occupancy shall be applied for and issued before any such land shall be occupied or used, or such land or building changed in use.

(3) Decision. The Administrative Officer shall take action with 30 working days after application has been made. Failure of the Administrative Officer to act within 30 working days shall be considered approval.

C. Recording. A record of all certificates of occupancy shall be kept on file in the office of the Administrative Officer, and a copy shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

§ 190-131 Minor site plan amendments.

A. Applicability. No changes may be made to any approved site plan or preexisting as-built plan prior to the Site Plan Ordinance[1] adoption except upon application as follows:

(1) Major amendments. If it is determined by the Planning Director that the proposed change is not a minor amendment as defined below, the applicant's amendment shall follow the procedures for site plans prescribed in § 190-146.

(2) Minor amendments. The Planning Department shall review minor amendments for overall consistency with the approved site plan or as-built site for all zoning districts including overlay districts and for compliance with the standards below. For the purposes of this section, a minor amendment by definition is an administrative decision and does not constitute a site plan. The Planning Director or his authorized designee shall approve, conditionally approve, disapprove, or refer the request to the Planning Board. The applicant may appeal the Planning Director's decision to the Planning Board. The procedures and standards for minor amendments are as follows:

(a) Minor changes in the color, exterior appearance, lot coverage, location, siting and height of buildings and structures or divisional walls may be authorized by the Planning Director if required for reasons or other circumstances not foreseen at the time the site plan was approved. No change authorized by this subsection may increase the dimensions of any building or structure by more 10% in the aggregate, or permit an accessory structure whose size is greater than 10% of the area of the principal building or structure. Changes in landscaping such as plant materials, minor alterations in the location of plantings, changes in plant quantities or sizes, changes to the location of internal sidewalks, or changes in location or number of parking spaces may be authorized by the Planning Director.

(b) The Planning Director may require a revised site plan or as-built plan delineating all approved changes.

(c) Temporary structures may be approved by the Planning Director upon the issuance of a temporary certificate of use for a period not to exceed 24 months. The structures must be promptly removed at the conclusion of the approval period, and the site returned to the approved final development plan requirements. In no event shall any property owner acquire a vested right to maintain such temporary structure beyond the twenty-four-month period provided in this section. This requirement is in addition to those of the Building Code. The Planning Director may approve an extension for an additional 24 months.

(d) Changes in uses depicted and permitted on the approved site plan or approved as-built plan may be approved by the Planning Director provided it is a permitted use within the zoning district, or where a special a special exception or use variance is granted by the Zoning Board of Adjustment.

[1] Editor's Note: See Art. XVII of this chapter.

B. Appeals. The applicant may appeal the Planning Director's decision to the Planning Board.