[Amended 12-28-2006 by Ord. No. O-06-60]
A.
Pursuant to the authority granted in RSA 673:3, there
is hereby established a Zoning Board of Adjustment for the City.
B.
The Zoning Board of Adjustment shall consist of five
members who are residents of the City appointed by the Mayor and confirmed
by the Board of Aldermen. Five alternates shall be chosen in a like
manner. An alternate shall vote in the absence of a member.
[Amended 5-27-2008 by Ord. No. O-08-17]
C.
Members and alternates shall serve for a term of three
years. Members and alternates in office on the effective date of this
section shall continue in office.
D.
As terms expire or vacancies occur, the Mayor, subject
to the confirmation of the Board of Aldermen, shall make such appointments
as necessary to comply with this section and RSA 673:3. Vacancies
shall be filled for the remainder of the unexpired term.
[Amended 5-27-2008 by Ord. No. O-08-17]
E.
[1]The Mayor shall submit a new appointment or a reappointment
of a member or alternate to the Board of Aldermen not later than three
months prior to expiration of the current term of office. If confirmation
is denied or the appointment is withdrawn, the Mayor shall submit
a different appointment to the Board of Aldermen not later than on
the last day of expiration of the member or alternate current term
of office.
[Amended 5-27-2008 by Ord. No. O-08-17]
F.
Any appointment or reappointment shall be interviewed
in public by the appropriate aldermanic committee at the request of
any member of the Board of Aldermen.
G.
Members and alternates shall be removable, after a
public hearing, for inefficiency, neglect of duty or malfeasance in
office upon vote of the Board of Aldermen which shall make written
findings of fact and cause the same to be filed with the City Clerk.
[Amended 3-27-2007 by Ord. No. O-06-63]
A.
The Zoning Board of Adjustment shall elect a Chairman
from the appointed members and create and fill such other offices
as it may deem necessary for its work. The term of the Chairman shall
be one year, with eligibility for reelection.
B.
Meetings of the Board shall be held at such times
as the Board may determine under its rules, or upon call of the Chairman.
C.
All meetings shall be open to the public subject to
RSA 91-A, the New Hampshire Right-to-Know Law.
D.
A quorum of the Zoning Board of Adjustment consists
of three members, unless the membership, accounting for members and
alternate members, falls below five members in which case a quorum
consists of a majority of the membership remaining.
E.
A quorum shall be necessary to convene a meeting in
order to transact any business.
F.
The Chairman shall designate an alternate to hear
the case and to vote on the case in event of an absence or a vacancy
or a disqualification of a member.
G.
Pursuant to RSA 674:33, III, the concurring vote of
three members of the Board shall be necessary to reverse any action
of the administrative official or to decide in favor of the applicant
on any matter on which it is required to pass.
H.
The Zoning Board of Adjustment shall make no rule
permitting the applicant to require more members than a quorum to
make a decision on its application. The applicant may withdraw his
application at any time and refile subject to a refiling fee set by
the Board under its rules.
I.
The Board shall adopt its own rules of procedure after
a public hearing duly advertised in a local news source, and shall
keep a record of its proceedings, showing the vote of each member
on each question or if absent or failing to vote, and shall keep records
of its examinations and other official actions. Every rule or regulation,
every amendment or repeal thereof and every order, requirement, decision
or determination of the Board shall immediately be filed in the office
of the Administrative Officer and become a public record. The Board
shall file with the City Clerk for distribution as necessary a complete
record of the minutes of their meetings and public hearings. Included
in the minutes shall be the reasons for the granting or denying of
a request for a variance or special exception, together with the vote
of each member on each item on the agenda. The Board shall also forward
to the City Clerk a copy of their agendas prior to their meetings.
The Board shall have the following powers and
duties:
A.
To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an Administrative Officer in the enforcement of this article except for sections or articles within this Part 7 that are construed as innovative land use controls (RSA 674:21) that provide for the appeal, administration, or enforcement by another person or Board as designated within that section or article;
B.
To hear and decide special exceptions to the terms of this article upon which the Board is required to pass under this Part 7;
C.
To authorize, upon appeal in specific cases, such variances from the terms of this Part 7 as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Part 7 will result in unnecessary hardship, and so that the spirit of this article shall be observed and substantial justice done.
D.
The Zoning Board of Adjustment shall have all authority granted to zoning boards by Title LXIV of the New Hampshire Revised Statutes Annotated, as amended from time to time, whether or not such powers and authorities are specifically listed in the local ordinances, including but not limited to Part 2 and Part 3, Article XV, of this chapter.
E.
The Zoning Board of Adjustment may, upon perceiving
lack of clarity in or any deficiency of provisions in this chapter,
recommend amendments or additions thereto to the Board of Aldermen.
[Added 10-24-2006 by Ord. No. O-06-38]
F.
In cases in which the Board grants approval conditional
upon the applicant dedicating land or easements in land and improvements
thereon to the City for stormwater drainage, widening of existing
street right-of-way, public recreation, conservation, sanitary sewer,
public vehicular and pedestrian access or other valid public purpose,
the Board is authorized to accept and record on behalf of the City
the appropriate deeds, plans, etc., without specific approval by the
Board of Aldermen. Whenever such a dedication is contemplated, the
Planning Director or his/her designee shall, on the basis of an appropriate
investigation, report in writing as to the suitability of the land
for the intended purpose, including, but not limited to, the presence
of hazardous waste or other sources of undesirable obligations or
liability risks. This authority shall not extend to the formal acceptance
of new public streets or extensions of public streets.
[Added 6-26-2007 by Ord. No. O-06-57]
[Added 12-26-2007 by Ord. No. O-07-139]
A.
The City Planning Department shall annually provide
a list of mandatory and available training opportunities for newly
appointed members and ongoing members of the Zoning Board of Adjustment,
as well as the attendance record for mandatory training sessions for
the previous year.
B.
All persons appointed to the Zoning Board of Adjustment,
including alternate members, shall attend mandatory training sessions.
New member training shall be completed within six months of confirmation
of appointment to the Zoning Board of Adjustment.
C.
The cost of mandatory training for the Zoning Board
of Adjustment shall be provided for in the annual budget.
