ARTICLE XVIII - ADMINISTRATION AND ENFORCEMENT
(Adopted March 14, 1989, Amended March 9, 2010)
The Board of Selectmen is hereby granted the power and authority to administer and enforce this Ordinance.
B. Office of Zoning Officer
1. Creation of Office: The office of Zoning Officer may be created by the Board of Selectmen.
2. Appointment: The Zoning Officer shall be appointed by the Board of Selectmen and shall not hold any elective office in the Town.
3. Official Records: An official record shall be kept of all business of the Zoning Officer and shall be open to public inspection at all appropriate times.
4. Compensation of the Zoning Officer: The compensation of the Zoning Officer shall be determined by the Board of Selectmen.
C. Duties and Powers of the Board of Selectmen or the Zoning Officer
The Board of Selectmen or the Zoning Officer shall interpret all provisions of the Zoning Ordinance and the Board of Selectmen shall be responsible for enforcing the provisions of this Ordinance.
1. Pursuant to RSA 155-A and RSA 674:51, building permits will be administered in accordance with the State of New Hampshire Building Code (Adopted March 14, 1989, Amended March 9, 2010)
2. Permits and Certificates of Use and Occupancy: The Board of Selectmen or the Zoning Officer shall issue Permits and Certificates of Occupancy. Permits and Certificates of Occupancy for buildings and uses which are permitted as a Special Exception, or by a Variance to the Zoning Ordinance, shall be issued only upon order of the Zoning Board of Adjustment.
3. Annual Report: The Board of Selectmen or the Zoning Officer shall prepare an annual report detailing the number and type of all Permits and Certificates of Occupancy, Notices and Orders issued during the year.
4. Registration of Non-Conforming Uses and Structures: The Board of Selectmen or the Zoning Officer shall register all non-conforming uses and structures that: (1) are identified through the administration of this Ordinance or that are brought to their/his attention, or (2) are created by subsequent amendment of the Ordinance.
D. Application for a Building Permit and a Certificate of Use and Occupancy
1. When a Building Permit is Required: It shall be unlawful to erect, enlarge, construct, reconstruct, demolish or structurally alter any building and/or other structure (except a sign as prescribed in Article XVII) or change the use of, intensity of use, or extend or displace the use of any building, other structure and/or land in the Town without filing an application with the Board of Selectmen or the Zoning Officer in writing and obtaining the required permit.
When a Building Permit is not required No building permit shall be required for any construction, repair, alteration, or similar activity for freestanding structures less than 200 square feet. New freestanding structures less than 200 square feet will require a zoning permit. (Amended March 9, 2010)
When a Certificate of Use and Occupancy is Required: It shall be unlawful to use and/or occupy any building, other structure and/or land for which a Building Permit is required until ‘a Certificate of Use and Occupancy for such building, other structure and/or land has been issued by the Board of Selectmen or the Zoning Officer. The application for issuance of a Certificate of Use and Occupancy shall be made at the same time an application for a Building Permit is filed with the Board of Selectmen or the Zoning Officer.
4. Forms of Application: The Application for a Building Permit and a Certificate of Use and Occupancy shall be submitted in such form as the Board of Selectmen or the Zoning Officer may prescribe and shall be accompanied by the required fee as prescribed in Section F.
5. Plot Diagram: Applications for permits shall be accompanied by a plot plan diagram (in duplicate), drawn to suitable scale and showing all dimensions of lands and/or buildings to provide an accurate means for reviewing the material in the application. Where necessary, the application shall be accompanied by properly documented copies of percolation tests, State approval of septic and sewer systems and/or other instruments of compliance.
Site Plan Approval by the Planning Board is required prior to application for a building permit for multi-family dwellings and/or non-residential developments excluding conversion apartments.
6. Amendments to a Permit: Amendments to a permit or other records accompanying it may be filed at any time before the completion of the work. Such amendments should become a part of the original application.
7. Expiration of Permits: If work described in any permit has not begun within one year from the date of issuance, it shall expire. A written notice may be given by the Board of Selectmen or the Zoning Officer to the persons affected. A new permit shall be required in order for work to continue.
E. Action on Building Permits and Certificates of Use and Occupancy
1. Action on Permit Application: The Board of Selectmen or the Zoning Officer shall act on all applications for permits and amendments thereto within fifteen (15) working days after filing. They/he shall conduct a preliminary inspection of all structures and/or land for which an application for a permit has been filed. If the application and preliminary inspection indicate compliance with the Zoning Ordinance, a permit shall be issued. If the permit is not approved, the applicant shall be notified in writing as to the reasons for disapproval.
2. Posting of Permits: The Permit shall be posted at the work site and be visible from the street until the completion of the permitted work.
If the Board of Selectmen or the Zoning Officer is satisfied that the completed work conforms with the Zoning Ordinance, they/he shall issue a Certificate of Use and Occupancy for the use indicated in the Building Permit.
F. Fee Schedule
Payment of Fees: No Building Permit or Certificate of Use and Occupancy shall be issued until the fees prescribed by resolution of the Board of Selectmen have been paid.
G. Notice of Violation
Where the Board of Selectmen or the Zoning Officer find that the provisions of this Ordinance are being violated, they/he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the necessary corrective action and specifying the maximum number of days permitted to correct the violation.
H. Prosecution of Violation
If the Notice of Violation is not complied with, the Board of Selectmen or the Zoning Officer may request the Town Solicitor to institute the appropriate proceedings to correct or abate such violations.
Notice to Owner: Upon receipt of notice from the Board of Selectmen or the Zoning Officer that work on, or use of, any building, other structure and/or land is contrary to the Zoning Ordinance, such work shall stop immediately. The Stop-Work Order shall be made in writing to the owner of the property involved and shall state the conditions under which the work or the use may be resumed.
2. Conditions of Discontinued Work: Any person who has been served with a Stop-Work Order or discontinues or abandons work shall not leave any building, other structure and/or land in such condition as to be a hazard to the public. The Board of Selectmen shall have the power to require that such building, other structure and/or land shall be put in such condition as they direct and the work required to do so shall be at the full expense of the person who has been served with the Stop-Work Order.