[Amended 8-26-2008; 1-14-2020]
If, after a certificate of occupancy, temporary or permanent,
has been issued and the building or buildings are occupied and/or
used, the Planning Board finds that any of the conditions of an approved
final site review application are in violation, the Planning Board,
or its authorized representative, shall order the owner to make such
corrections as it deems necessary to bring the use and operation into
conformity with the provisions of such approval. Such order shall
be complied with within a period of time extending not more than 30
days from the original notice. Where the owner fails to comply with
the notice of the Planning Board, a fine as provided in the City Fine
Schedule may be levied against said owner, and the certificate of
occupancy shall be revoked as per RSA 676:4-a.
[Amended 3-23-2010]
A.Â
The Planning Board may waive specific provisions of these regulations.
The Planning Board may only grant a waiver if the Planning Board finds,
by majority vote, that:
(1)Â
Strict conformity would pose an unnecessary hardship to the applicant
and the waiver would not be contrary to the spirit and intent of the
regulations; or
(2)Â
Specific circumstances relative to the subdivision, or conditions
of the land in such site plan, indicate that the waiver will properly
carry out the spirit and intent of the regulations.
B.Â
In granting waivers, the Planning Board may require such conditions
as will, in the Board's judgment, secure substantially the objectives
of the standards or requirements of these regulations.
C.Â
Procedures. A petition for any such waiver shall be submitted, in
writing, by the applicant at the time when the application is filed
for consideration by the Planning Board. The petition shall state
fully the grounds for the waiver and all of the facts relied upon
by the petitioner. The basis for any waiver granted by the Planning
Board shall be recorded in the minutes of the Planning Board.
