LEGISLATIVE YEAR 2021
ORDINANCE: Q-21-073
PURPOSE: Amending the Inclusionary Zoning Supplemental Use
Regulations
SPONSOR(S): Mayor Jim Donchess
Alderwoman-at-large Shoshanna Kelly
Alderman Patricia Klee
Alderman Thomas Lopez
Alderman Michael B. O’Brien Sr.
COMMITTEE Planning and Economic Development Committee
ASSIGNMENT: Planning Board
FISCAL NOTE: This ordinance will not result in any increases in costs to the
general fund. As units come on board, any monitoring costs
paid to a 3rd party contractor will be paid for out of the
housing trust fund.
ANALYSIS
This legislation amends the Inclusionary Zoning Supplemental Use Regulations.
State statute (RSA 675:2) and NRO Section 190-132 require a public hearing and referral to the
city planning board. The public hearing is conducted by the aldermanic planning and economic
development committee with notice published in a newspaper of general circulation and posted
in two public places at least ten calendar days prior to the date of the hearing. (Notice period
does not include the day notice is posted or the day of the public hearing. RSA 675:7,1.) A
favorable vote of two-thirds of all the members of the board of aldermen present and voting
would be required if a protest petition is filed pursuant to RSA 675:5. Under RSA 676:12 and
NRO Section 105-3, no building permit may be issued after the legal notice has been posted if
the proposed changes would, if adopted, justify refusal of the permit. This limitation applies for a
period of 120 days.
Approved as to form: Office of Corporation Counsel
By: /s/Celia K. Leonard
Date: November 3, 2021
