The invalidity, unconstitutionality or illegality of any article,
section or provision of this chapter or of any zoning district or
boundary shown on the Zoning Map shall not have any affect upon the
validity, constitutionality or legality of any other article, section,
provision, zoning district or zoning district boundary.
It is the authority of the Board of Selectmen to administer
and enforce this chapter.
The Board of Selectmen may appoint a Zoning Administrator to
administer and enforce this chapter under its general supervisory
authority.
The Board of Selectmen may appoint a Building Inspector, who
shall be the administrative officer charged with the duty of administering
and enforcing all codes adopted by the Town that relate to building/structure
construction and reconstruction, subject to the general supervisory
authority of the Board of Selectmen. Nothing in this provision shall
affect any provision contained in the New Hampshire Revised Statutes
Annotated that pertains to Building Inspectors.
[Amended 3-14-2006 by Amdt. No. 2]
The Town is empowered to pursue violations to this chapter by
means of any of the equitable or legal remedies available in state
statute, including but not limited to the injunctive relief provision
set forth in RSA 676:15; the fines and penalties provision set forth
in RSA 676:15; the fines, penalties and award of attorney's fees as
set forth in RSA 676:17; the provisions for cease and desist orders
as set forth in RSA 676:17-a; the provisions for local land use citations
and pleas by mail as set forth in RSA 676:17-b; and such other enforcement
or penalty provisions which may be enacted by the New Hampshire Legislature.
The Zoning Board of Adjustment (ZBA) is established under this
chapter in accordance with RSA 673:3.
Any person aggrieved by a decision of the Zoning Administrator
or other officer of the Town charged with administering this chapter
may appeal to the ZBA. Such an appeal must be made within 30 days
from the date of the order or decision complained of, in writing addressed
to the Clerk of the ZBA.
[Added 3-14-1995 by Amdt. No. 13]
A.
A grant of a variance or special exception by the Hudson Zoning Board
of Adjustment shall be valid if exercised within a period of two years
following the vote of approval by the Zoning Board of Adjustment.
[Amended 3-13-2018 ATM
by Amdt. No. 4]
B.
If subsequent Planning Board action is needed before work or activity may be commenced pursuant to the variance or special exception, the applicant or his/her successor in interest must gain application acceptance by the Hudson Planning Board within six months of the ZBA vote of approval regarding the granting of the special exception or variance in order to stay the two-year limitation period set forth in Subsection A above. The term "application acceptance" is defined pursuant to Planning Board regulation and the New Hampshire Revised Statutes Annotated.
[Amended 3-13-2018 ATM
by Amdt. No. 4]
C.
For variances or special exceptions which require subsequent Planning
Board review and which have gained application acceptance within six
months of the original variance or special exception vote of approval,
the variance or special exception shall be valid for a period of two
years from the Planning Board vote to give conditional or final approval
to the applicant's plan, unless active and substantial development
or building has begun on the site in accordance with the terms of
the approved plan. If conditional approval precedes final approval,
the two-year time period shall run from the vote of conditional approval.
[Amended 3-13-2018 ATM
by Amdt. No. 4]
D.
For variances or special exceptions which do not require subsequent Planning Board review, all variances and special exceptions shall expire within two years of the vote of approval as specified in Subsection A above, unless active and substantial development or building has begun on the site in accordance with the special exception, variance or building permit or the variance or exception granted from the terms of this chapter has been otherwise exercised by the applicant or successor in interest.
[Amended 3-13-2018 ATM
by Amdt. No. 4]
E.
If an applicant who has been granted a variance or special exception
fails to gain Planning Board application acceptance within six months
of the vote of approval for the special exception or variance, the
applicant shall not gain any exemption for the running of the two-year
time period which governs the grant of a variance or special exception.
[Amended 3-13-2018 ATM
by Amdt. No. 4]
F.
Any request for an extension or renewal of a variance or special
exception shall follow the same procedure required for the original
appeal: the applicant must fill out a new application, pay a new set
of fees in accordance with the fee policy in effect at the time and
then bring the matter before the ZBA for a full hearing and review
in accordance with the New Hampshire Revised Statutes Annotated, this
chapter and the bylaws of the Hudson Zoning Board of Adjustment. Extensions
and renewals shall be subject to the statutes, this chapter, regulations
and ZBA bylaws in effect at the time of the renewal/extension application.
Extensions and renewals are disfavored. A renewal/extension application
shall be made no sooner than 90 days prior to the date of expiration
and no later than 30 days prior to the variance or special exception
expiration.
G.
The Zoning Board of Adjustment may impose reasonable fees upon applicants
for the expense of consulting services, investigative studies, review
of documents and any other matters that may be required for a particular
application. Any such fee shall be subject to the provisions of RSA
673:16.
[Amended 3-8-2005 by Amdt. No. 2]
