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* Editors Note: Ord. of 11-1-99, repealed Chapter 17 in its entirety. Further, said ordinance set out provisions for §§ 17-1, 17-2 to read as herein set out. See the Code Comparative Table.
Case Law References: Region 10 Client Management, Inc. v. Town of Hampstead, 120 N.H. 885, 424 A2d 207 (1980). Although State has a long tradition of local home rule, plenary authority exists within the legislature to override local control when necessary for the greater good. Town of Surrey v. Roger M. Starkey and Madolyn H. Starkey, 115 N.H. 31 332 A2d 172 (1975). A nonconforming use has been defined as a preexisting use of land that is permitted to continue after the enactment of zoning ordinance that prohibits the use, so that property rights antedating the existence of the ordinance might be protected from an unconstitutional taking. Win-Tasch Corporation v. Town of Merrimack, 120 N.H. 6, 411 A2d 144 (1980). Grandfather clause interpretation. KBW, Inc. v. Town
of Bennington, 115 N.H. 392, 342 A2d 653 (1975). Planning board's approval of subdivision plan subject to conditions requiring developer to make improvements to existing public road abutting subdivision, where town remained responsible for maintaining road, was a permissible regulation of developer's business in interest of public safety, health, and welfare. Johnston v. Town of Exeter, 121 N.H. 938, 436 A2d 1147 (1981). Where one portion of a section of zoning ordinance was found invalid, and the ordinance itself provided a separability clause, the trial court was not obligated to invalidate the entire section. Riverview Park v. Hinsdale, 113 N.H. 693, 313 A2d 733 (1973). Control of mobile homes by means of a permit system reinforced by a numerical limit is legitimate method of regulation if governed by standards relating to advancement of health, safety and general welfare. Town of Nottingham c. Daniel Harvey v. Lee Homes, Inc., 120 N.H. 889, 424 A2d 1125
(1980). When a municipal ordinance is challenged, there is a presumption that the ordinance is valid, and consequently, not lightly overturned. Town of Seabrook v. D'Agata, 116 N.H. 472, 362 A2d 182 (1976). A town may not interpret a use in such a way as to unlawfully reduce the original vested interest acquired by the owner. Beck v. Town of Raymond, 118 N.H. 793, 394 A2d 847 (1978). Authority to enact land use regulations for the purpose of restricting growth is embodied in the power to zone. Leda Lanes Realty, Inc. v. Nashua, 112 N.H. 244, 293 A2d 320 (1972). When authorized by a municipality pursuant to RSA 36:19, a municipal planning board may pass upon site plans for development of land for nonresidential uses along a highway in accordance with regulations adopted by the board after notice and public hearing and consistent with an official map, but planning board has no statutory authority to declare a blanket moratorium on site development pending
completion of its planning of street changes and inclusion of proposed street changes in the official street map by city council enactment.
Cross References: Animals, Ch. 3; buildings and building regulations, Ch. 4; fire prevention and protection, Ch. 6; health, Ch. 7; nuisances, § 7-16 et seq.; housing, Ch. 8; license and regulation of occupations and businesses, Ch. 9; mobile homes and manufactured housing and mobile home parks, Ch. 10; solid waste, Ch. 12; streets, sidewalks and other public places, Ch. 13; subdivisions, Ch. 14; traffic and vehicles, Ch. 15; utilities, Ch. 16.
State Law References: Planning and zoning, RSA, Chapter 672 et seq.; local land use planning and regulatory powers, RSA 674:1 et seq.; building permits/restrictions, RSA 676.
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Art. I. In General, §§ 17-1, 17-2
ARTICLE I.
IN GENERAL
Sec. 17-1. Purpose and authority.
This ordinance, adopted in accordance with authority conferred by New Hampshire RSA 674:16 and 674:17, as amended, for the purpose of promoting the health, safety, and the general welfare of the community in accordance with the comprehensive plan for the future development of the city. This ordinance is designed to encourage the most appropriate use of land throughout the municipality; to promote traffic safety; to provide safety from fire; panic and other dangers; to provide adequate light and air; to facilitate the adequate provision of transportation, solid waste facilities, water, sewerage, schools, parks, child day care and other public facilities; to prevent the overcrowding of land; to avoid undue concentration of population to assure proper use of natural resources.
(Ord. of 11-1-99)
Sec. 17-2. Zoning ordinance document.
This ordinance adopts the "Zoning Ordinance of the City of Berlin, New Hampshire" as a separate document. Due to the length and complexity of the document, the full text is not included in the Code of the City of Berlin, NH, but is considered to be a part of this Code. The purpose of adopting the "Zoning Ordinance of the City of Berlin, New Hampshire" as a separate document is to allow the document to be easily maintained and amended.
Pursuant to RSA 675:8, the "Zoning Ordinance of the City of Berlin, New Hampshire" is filed at the city clerk's office. Copies of the zoning ordinance are also located at the Planning Department, the City Manager's Office and the Assessor's Office.
(Ord. of 11-1-99)
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