Article X Miscellaneous Provisions

Source: Current official PDF (pages 193-197 of the March 11, 2026 edition).

Section 1000 Zoning Ordinance Amendments.

1000.1 Amendments to either the zoning map or other provisions of the zoning Ordinance may be proposed and enacted by following procedures described herein (RSA 675:2).

1000.2 Source of Proposed Amendments.

Amendments may be proposed as follows:

  • A. From the City Council at any time.
  • B. From the City Council upon request by any Board or City official when the Council decides that it is appropriate to go forward with such amendment.
  • C. By petition of any number of voters, provided however, that unless the petition is submitted utilizing the "Citizens Binding Initiative" procedure contained in Section 419:23a of the Lebanon City Charter, it will be within the sole discretion of the City Council as to whether or not to proceed in any way with the requested amendment.
    • 1. The petitioner shall bear the responsibility of presenting the amendment throughout the process described in Section 1000.3
    • 2. The Petitioner shall pay RSA 675.7 notices fees and other applicable fees.
    • 3. City Council shall establish a Petitioner application fee in §68-15 Enumeration of fees.
  • E. The Zoning Administrator may request persons submitting an amendment for any additional information as may be necessary to put the proposal in a form consistent with the remainder of the Ordinance and capable of being acted upon.

1000.3 Amendment Procedures.

  • A. Council Determines Schedule for Review and Hearing: The proposed Zoning amendment shall be placed on the agenda at the City Council meeting. At that time, the Council shall set a tentative schedule that would allow for review as set forth in Paragraphs B and C below, and for a public hearing before the City Council as set forth in Paragraph D.
    • 1. All Amendments shall be submitted to the Zoning Board of Adjustment for a written response within thirty (30) days from the date of receipt. The ZBA will comment on the proposed amendment as to whether it would be inconsistent with other applicable sections of the Ordinance, does not conflict with other sections of the Ordinance, and the meaning and effect is understood. The ZBA shall not comment as to whether or not the amendment is desirable from a planning viewpoint.
    • 2. All amendments shall be submitted to an attorney for review, comment and legal opinion. The legal review will state whether or not such a amendment is within the authority delegated to the City under State law; whether the form is appropriate; and whether, from an administrative point of view, the amendment can be administered and enforced. The written legal review shall be available prior to any consideration by the Council or the Planning Board and Conservation Commission.
  • C. Review and Comment by the Planning Board and the Conservation Commission of Any Proposed Amendment: All proposed amendments shall be forwarded to the Planning Board and Conservation Commission. The Planning Board and Conservation Commission shall place the proposed amendment on their agenda for discussion and comment at least thirty (30) days prior to the City Council public hearing. The Planning Board and Conservation Commission shall forward their comments and recommendations to the City Council at least seven (7) days prior to City Council public hearing.
  • D. City Council Public Hearing: The City Council shall hold a public hearing upon any proposed zoning amendment. Notice for the public hearing shall satisfy the requirements of RSA 675:7. In the case of amendments being submitted to the voters by referendum, the public hearing before the City Council shall be held no later than January 31st.
  • E. Application: The provisions of RSA 676:12 shall apply to all permit applications affected by a proposed or pending amendment to this Ordinance, provided however that the first legal notice of the proposed change shall be deemed to be the notice for the City Council's public hearing.

1000.4 Action Upon Proposed Zoning Amendments.

Any proposed zoning amendment shall be acted upon and adopted or rejected as follows:

  • A. Amendment of the Zoning District Boundaries Requiring Referendum Vote: Any amendment which alters the zoning map in such a way as to change the zoning district designation of any area which is within the R-1, R-2, R-3, RL-1, RL-2 or RL-3 districts, and whose size exceeds ten times the minimum lot size for a Class 3 lot for the respective district as currently zoned, or which alters the Article III Table of Uses which are permitted or allowed by special exception or conditional use permit, or which alters the Table of Area, Dimensions and Coverage, for one or more of the above-listed districts, shall be placed on the ballot at the annual City election in March. This paragraph shall not apply to textual changes in the zoning ordinance which do not alter the boundaries or districting shown on the zoning map and which do not alter the Article III Tables of Uses or alter the Table of Area, Dimensions and Coverage, applicable to those districts.
  • B. Action by the Council: The Council shall act on any proposed Zoning amendment not requiring a referendum vote in which case adoption of the Zoning Amendment shall require a majority vote of five members of the City Council; or alternatively, the Council may decide that such an amendment shall be submitted to the voters at the annual City election, even though such a referendum is not required.

    • "Are you in favor of the adoption of Amendment #_____ (if more than one amendment) as proposed by the City Council/By Petition for the Lebanon Zoning Ordinance, as follows: (Here insert topical description of substance of amendment)?"

    • "The City Council approves/disapproves of this amendment."

      "The Planning Board approves/disapproves of this amendment."

      "The Conservation Commission approves/disapproves of this amendment."

      In addition to each Board indicating its approval or disapproval, there shall be a brief and concise explanation of the position of the Council and each Board.

  • D. Information at the Polls for Proposed Changes in Zoning District Boundaries Requiring a Referendum Vote: Prior to the opening of the polls there shall be posted in the entrance areas at Wards I, II and III a large map showing the existing Zoning district boundaries and the proposed changes with color codes for the purpose of informing the voters, as well as a copy of the complete proposed textual changes to the Ordinance, if any.

Section 1001 Conflicts.

In interpreting and applying the provisions of this Ordinance, they shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare.

1001.1 Other Ordinances, Regulations

Where the provisions of this Ordinance conflict with each other or with other municipal, state or federal Ordinances, statutes, laws or regulations, the stricter provision shall govern.

1001.2 Other Permits.

Where a permit issued pursuant to this Ordinance conflicts with another municipal, state or federal permit, the strictest conditions among all permits shall govern.

1001.3 Private Requirements.

It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants, or other agreement between parties, provided, however, that where this Ordinance imposes a greater restriction or higher standard upon the use of a building or premises or upon heights of buildings, or required larger streets or open spaces than are imposed by easements, covenants, or agreements, the provisions of this Ordinance shall govern.

Section 1002 Severability.

Should any section or provision of this Ordinance be held to be invalid or unconstitutional by any court or authority of competent jurisdiction, such holding shall not affect, impair or invalidate any other section or provision of this Ordinance, and to such end all sections and provisions of this Ordinance are declared to be severable.

Section 1003 Effective Date.

1003.1 Effective Date.

This Ordinance shall take effect upon its enactment by the City Council. It shall supersede and repeal the Zoning Ordinance enacted on December 5, 1990, as amended.

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