§ 674:14 — Appeals Where no Zoning Ordinance Exists

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 RSA 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.

Legislative History

1983, 447:1. 1988, 131:1, eff. June 19, 1988.