New Hampshire Revised Statutes 674:14 – Appeals Where no Zoning Ordinance Exists
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Terms Used In New Hampshire Revised Statutes 674:14
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- legislative body: shall mean a town meeting, school district meeting, village district meeting, city or town council, mayor and council, mayor and board of aldermen, or, when used to refer to unincorporated towns or unorganized places, or both, the county convention. See New Hampshire Revised Statutes 21:47
In any municipality, other than a town, in which there is no zoning board of adjustment, the local legislative body, until such time as a board of adjustment may be appointed as a result of the adoption of a zoning ordinance, shall have the same powers as a board of adjustment to act, but only under the circumstances and in such special cases as are specified in N.H. Rev. Stat. § 674:13 and 674:41, and shall be subject to the same restrictions as apply to a board of adjustment. For this purpose, the local legislative body is hereby authorized to act as a discretionary administrative or quasi-judicial body. When so acting, it shall not sit as a legislative body but shall sit in a separate meeting for which separate minutes shall be kept. In any town or village district in which there is no board of adjustment, the local governing body is hereby authorized to designate a board of appeals to be composed of 5 members, serving as such without compensation, which shall have the authority of and shall be subject to the same restrictions and regulations as apply to a zoning board of adjustment, but which shall have the power to act only under the circumstances and in such special cases as are specified herein and only until such time as a board of adjustment may be appointed as a result of the adoption of a zoning ordinance.