Administration
6.A. Administration: Administration and enforcement of zoning ordinance. The official responsible for administration and enforcement shall be the zoning inspector. The zoning inspector is elected by the voters at each general election for a two-year term. The responsibilities of the zoning inspector shall include:
1. The issuing of any required permits or certificates;
2. Collection of required fees;
3. Keeping of records showing the compliance of uses of land;
4. Authorizing commencement of uses or development under the provisions of the zoning ordinance;
5. Inspection of suspected violations;
6. Issuance of violation notices with required correction action;
7. Issuing permits for modifications; and
8. Performing such other duties and taking such actions as may be assigned or designated elsewhere in this ordinance.
No building or structure shall hereafter be erected, enlarged or relocated, and no nonstructural use shall be initiated, until a zoning certificate has been issued by the zoning inspector indicating that the proposed use and the structure conforms to the provisions of this ordinance. The zoning inspector may require that information necessary to ensure compliance with the provisions of this ordinance be filed with the application for such permit.
No zoning certificate may be issued by the zoning inspector for any use not specifically permitted in this ordinance, except where the inspector receives a statement in writing from the zoning board of review indicating the granting of a special exception or variance or a written statement from the town council specifically referencing an amendment to the ordinance, except as specifically provided in section 6.A.6. below.
The zoning inspector shall retain a copy of each zoning certificate issued and one copy each shall be forwarded to the town clerk, the building inspector and the tax assessor. If the inspector denies a zoning certificate, within 15 days, a written statement shall be given to the applicant and the president of the town council, indicating the reason(s) for such refusal.
In order to provide guidance or clarification, the zoning inspector shall, upon written request, issue a zoning certificate or provide information to the requesting party within 15 days of the written request. In the event that no written response is provided within that time, the requesting party shall have the right to appeal to the zoning board of review for the determination.
Upon written request, the zoning inspector shall determine whether a use not listed in the use code table in article II of this ordinance is so similar in type, character, and intensity to a special use that is listed in the use code table that it should be treated as a special use.
6.B. Administration: Maintenance of zoning ordinance. The town clerk shall be the custodian of the zoning ordinance and zoning map.
A. The zoning inspector shall be responsible for the maintenance and update of the zoning ordinance text and map. Changes to the zoning map shall be depicted on the map within 90 days of the amendment.
B. When amendments to the comprehensive plan are adopted, and at least once every three years, the planning board shall review the zoning ordinance, identify necessary amendments, and forward those amendments to the town council.
Charter reference— Planning board, § 701.
6.C. Administration: Exeter zoning board of review; establishment and procedures.
A. Appointment. The town council shall appoint a zoning board of review consisting of five full members and two alternate members who are designated as the first alternate and the second alternate. Full members and alternates shall be appointed to staggered five-year terms. All terms shall expire on June 30. Members shall serve until their successors are appointed. If a vacancy in any seat occurs, the town council shall appoint a qualified person to serve the remainder of the term. If a member is absent from meetings for 90 consecutive days without cause, the town council shall have the authority to declare the seat vacant.
B. Qualifications. Zoning board members shall be residents of Exeter and owners of real property in Exeter. No member shall be a town employee or an elected official; provided, however, that members of the charter commission shall not be considered elected officials for the purpose of this section.
C. Organization. At the first meeting of each calendar year, the board shall elect a chairperson and a vice chairperson from among its members. The chairperson, and in his or her absence, the vice chairperson, shall preside at meetings and shall have the authority to administer oaths and issue subpoenas to compel the attendance of witnesses.
Charter reference— Zoning board of review, § 903.
6.D. Administration: Powers and duties of the zoning board of review.
A. The zoning board of review shall have the following powers and duties:
1. To hear and decide appeals in a timely fashion where it is alleged there is an error in any order, requirement, decision or determination made by the zoning inspector in the enforcement or interpretation of the zoning ordinance;
2. To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to Art. I, Sec. 1.3.B.
3. To authorize, in specific cases, special use permits, pursuant to Art. I, Sec. 1.3.C.
4. To refer matters to the planning board or to other boards or agencies of the town as the zoning board of review may deem appropriate, for findings and recommendations;
5. To grant conditional approval to an application when one or more state or federal permits or approvals necessary for the project is pending. A conditional approval shall expire one year after the date it was approved unless the required state or federal permit or approval has been issued.
B. The zoning board of review shall vote as follows:
1. Four members must be present to conduct a hearing. A member ineligible to vote due to a conflict of interest shall recuse himself or herself, shall not take part in the hearing, and shall not vote. No more than five members shall be entitled to vote on any application. In order to vote, a member must have been present during the entire public hearing.
2. The affirmative vote of three of the voting members is necessary to reverse any order, requirement, decision or determination of the zoning inspector or to grant a variance or special use permit.
6.E. Administration: Application procedure.
A. An application for a variance, a special use permit, or an appeal may be made by submitting a completed application form and the required supporting documents to the clerk of the zoning board of review. The approved application form may be obtained on the town's website or from the clerk of the zoning board of review.
B. The fees for filing an application to the zoning board of review cover the actual costs for review, mailing, advertisement, professional services, and recording of the board decision. The amounts of the fees are listed in the application materials or may be obtained from the clerk of the zoning board of review.
6.F. Administration: Violations.
A. If the zoning inspector determines that a violation of the zoning ordinance exists, he or she may issue a written zoning violation notice to the owner of the property or refer the matter to the town solicitor for legal action. A violation notice shall specifically describe the violation and the action necessary to correct it, and shall state the time period within which the violation must be corrected.
B. The town solicitor shall have the authority to bring suit in any court of competent jurisdiction in the name of the town:
1. To restrain a violation of the zoning ordinance, including the erection, alteration, or use of any structure in violation of the zoning ordinance;
2, To compel compliance with the zoning ordinance, order the removal of any structure or abatement of any violation, or authorize the zoning inspector to cause the removal or abatement at the expense of the owner;
3. To compel compliance with a decision of the zoning board of review; or
4. To impose a fine or other penalty for violation of the zoning ordinance. Any fine imposed shall inure to the town.
C. The penalty for any violation of the zoning ordinance or for a violation of the terms or conditions of any decision by the zoning board of review or the zoning inspector shall not exceed $500.00 for each violation. Each day of the existence of any violation shall be a separate offense.
6.G. Administration: Decisions and records 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 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.
D. The zoning board of review shall keep written minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations, findings of fact and other official actions, all of which shall be recorded and filed in the office of the zoning board of review in an expeditious manner upon completion of the proceeding. The zoning board of review shall have the minutes of each public hearing taken by a competent stenographer.
(Amd. of 6-7-04, § 1; Ord. of 12-4-2023(1))