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Exeter
Town of Exeter Zoning Ordinance
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§ 1.3

General provisions

After the effective date of this ordinance, no land shall be used and no building, structure or part thereof shall be used or erected unless in conformity with all of the regulations specified for the district in which it is located. Uses and structures, legally existing as of the effective date of this ordinance will be permitted to continue under the provisions of article III of this ordinance.

3.A. General provisions; divisions into districts. In order to carry out the purposes of this ordinance, the Town of Exeter divides the town into the following zoning use districts:

Residential district (RE-2)

Rural district (RU-3)

Rural district (RU-4)

Conservation - Recreation (CR-5)

Business district (B)

Light business/residential (LB/R)

Light industrial (LI)

Open space and public lands (OS/PL)

Groundwater protection overlay district (GWOL)

Planned districts (PD)

Planned village overlay district (PVOD)

3.B. General provisions: Variances.

    • A. An application for relief from the literal requirements of the Exeter Zoning Ordinance because of hardship may be made by an owner, as defined herein, by filing with the zoning board clerk, an application describing the request and supported by such data and evidence as may be required by the Exeter Zoning Board of Review. The zoning board clerk shall immediately transmit each application received to the zoning inspector and shall transmit a copy of each application to the Exeter Planning Board. The board shall conduct a public hearing on the application in a timely manner.

    • B. In granting a variance, the Exeter Zoning Board of Review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

      • 1. That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant except for those disabilities covered by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq.

      • 2. That the hardship is not the result of any prior action of the applicant.

      • 3. That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent of purpose of the Exeter zoning ordinance.

    • C. The Exeter Zoning Board of Review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

      • 1. In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the Exeter Zoning Ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and

      • 2. In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, which shall mean that the relief sought is reasonably necessary for the full enjoyment of the use to which the property will be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

    • D. An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use.

    • E. Expiration. A variance granted under this section shall expire 18 months after the date of the zoning board approval unless the applicant obtains a building permit or otherwise exercises the permission granted. The zoning board of review may approve a single one-year extension for a dimensional or use variance granted under this section provided the applicant submits a request for such extension to the clerk in writing prior to the original expiration date and pays the required administrative fee. The board may approve a timely submitted request for an extension by a majority vote.

3.C. General provisions: Special use permits.

    • A. An application for the issuance of a special use permit may be made by an owner, as defined herein, by filing with the zoning board clerk an application describing the request and supported by such data and evidence as may be required by the Exeter Zoning Board of Review. The zone use table in article II specifies the uses requiring special use permits in each district. Only such uses as specified in the table shall be eligible to receive a special use permit in each respective district. The zoning board of review or the planning board shall conduct a public hearing on the application in a timely manner.

The zoning board clerk shall immediately transmit each application received to the zoning board of review and to the planning board.

    • B. An applicant for a special use permit shall demonstrate to the satisfaction of the zoning board by presenting competent evidence that the proposed use or structure:

      • 1. Will be environmentally compatible with the neighboring uses and will not adversely affect the surrounding residents' use and enjoyment of their property;

      • 2. Will be constructed or established at a location in the zoning district where it will be consistent with the character and appearance of nearby uses.

      • 3. Will be compatible with the orderly growth and development of the Town of Exeter, and will not harm the environment.

      • 4. That the best practices and procedures to minimize the possibility of any adverse effects on neighboring property, the Town of Exeter, and the environment have been considered and will be employed where applicable including, but not limited to, considerations of soil erosion, water supply protection, stormwater runoff, wastewater disposal, wetland protection, traffic limitation, safety and circulation; and that if the evidence indicates potential for soil erosion or sedimentation, impact on water quality or quantity, inadequate stormwater management, inadequate wastewater disposal, or unsafe traffic or pedestrian circulation, measures will be taken to mitigate or prevent those potential harms.

    • C. An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use.

    • D. Expiration. A special use permit granted under this section shall expire 18 months after the zoning board approval unless the applicant obtains a building permit or otherwise exercises the permission granted. The zoning board of review may approve a single one-year extension for a special use permit granted under this section, provided the applicant submits a request for such extension to the clerk in writing prior to the original expiration date and pays the required administrative fee.

3.D. General provisions: Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after a public hearing under the zoning ordinance, the Exeter Zoning Board of Review may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the Exeter Comprehensive Plan and the Exeter Zoning Ordinance. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Special conditions shall be based on competent credible evidence on the record and may include, but are not limited to, provisions for:

    • A. Minimizing adverse impact of the development upon other land, including the type, intensity, design, density and performance of activities;

    • B. Controlling the sequence of development, including when it must be commenced and completed;

    • C. Controlling the duration of use or development and the time within which any temporary structure must be removed;

    • D. Ensuring satisfactory installation and maintenance of required public improvements;

    • E. Designating the exact location and nature of development; and

    • F. Establishing detailed records by submission of drawings, maps, plats or specifications.

3.E. General provisions: Public hearings before the zoning board of review.

    • A. The zoning board shall conduct a public hearing on an application for a variance or special use permit in a timely manner. The zoning board of review shall conduct a public hearing on an appeal from a determination by the zoning inspector or administrative officer within 65 days of the date the appeal was filed. A competent stenographer shall take the minutes of each public hearing.

    • B. The zoning board of review shall give notice of each public hearing at least 14 days before the date of the hearing in a newspaper that circulates in Exeter. The notice shall include the applicant's name and address and the street address and plat and lot number of the subject property, and shall describe the relief sought. The notice shall state the date, time, and location of the public hearing.

    • C. The clerk of the zoning board of review shall send notice by first class mail, postage prepaid, at least 14 days before the date of the hearing, to the applicant and to:

    • 1. The owners of property within 200 feet of the property that is the subject of the application.

    • 2. The town council of any town adjacent to Exeter, if the subject property is located within 200 feet of the boundary of that town.

    • 3. Any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application.

The applicant shall pay the cost of the postage.

    • D. At least 14 days before the date of the public hearing, the notice shall be posted in the town clerk's office, in one other municipal building, and on the home page of the town's website.

    • E. Any party may appear in person or by agent or by attorney. Participation in a public hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law.

3.F. General provisions: Decisions of the zoning board of review.

    • A. The zoning board of review shall render a decision on each application or appeal within 15 days of the day the public hearing is closed. The written decision shall be posted immediately in the town clerk's office, in a location visible to the public. The date of posting shall be noted on the document. A decision granting a variance or special use permit also shall be recorded in the land evidence records.

    • B. The written decision shall include findings of fact, conclusions of law, and any conditions imposed. It shall include the names of the members present and absent, the names of members who participated in the public hearing, the names of the members who voted, and the vote of each voting member.

    • C. Within one day of the date the decision was posted, the zoning board of review clerk shall mail a copy of the written decision to the applicant and to any other party who participated in the public hearing and who provided the clerk with his or her name and address. The decision shall be sent by any method that provides confirmation of receipt. The clerk also shall provide a copy of the written decision to the zoning inspector.

3.G. General provisions: Creation of vested rights. An application shall be vested for the purposes of this ordinance as follows:

    • A. Where planning board or zoning board approval is not required, an application is vested when the building official issues a building permit. The application is vested under the zoning ordinance and regulations in effect on that date.

    • B. Where only planning board approval is required for development, an application is vested on the date the administrative officer certifies as complete the application for the first formal stage of review. The application is vested under the zoning ordinance and regulations in effect on the date of certification.

    • C. Where only zoning board approval is required, an application is vested on the date the administrative officer or the zoning inspector determines that the application is complete. The applicant is vested under the zoning ordinance and regulations in effect on the date of certification.

    • D. If an applicant seeks to create vested rights under a newly adopted or amended ordinance or regulation, the applicant shall withdraw the previous submission and submit a new application, with all required supporting data, to the appropriate reviewing authority. The newly submitted application shall be vested according to this section.

3.H. General provisions: Publication and availability of the Exeter Zoning Ordinance.

    • A. Printed copies of the Exeter Zoning Ordinance and zoning map shall be available to the general public and shall be revised to include all amendments. A reasonable charge shall be made for copies to reflect printing and distribution costs.

    • B. Upon publication of the Exeter Zoning Ordinance and zoning map, and any amendments thereto, the Exeter Town Clerk shall send a copy, without charge, to state law library.

(Amd. of 3-3-03, §§ 2, 3, 5; Ord. of 9-27-12, Exh. 1; Amd. of 1-7-19; Amd. of 4-1-19; Ord. of 12-4-2023(1))