Article IX: Administration and Enforcement
Source: Current official PDF (pages 190-192 of the March 11, 2026 edition).
Section 900 Zoning Administrator.
The administrative and enforcement officer for this Ordinance shall be known as the Zoning Administrator who shall be appointed by the City Manager. The Zoning Administrator shall administer the Zoning Ordinance literally and shall not have the power to permit any use of land or buildings which is not in conformance with this Ordinance. If a vacancy exists in the office of the Zoning Administrator or the Zoning Administrator is unavailable, the City Manager shall perform these duties or appoint an acting Zoning Administrator.
Section 901 Zoning Permits.
901.1 General.
Written application for a zoning permit must be filed by the owner or his agent with the City of Lebanon for any of the following. Until such a permit has been received, none of the following shall be commenced:
- A. The erection or use of any new building, exterior sign, or other structure.
- B. The alteration, renovation, restoration, or moving of any building, structure, exterior sign or part thereof, except that ordinary repairs to structures may be made without a zoning permit. Ordinary repairs shall include any renovation, upgrade, or repair to (i) a one-family or two-family dwelling that does not increase floor area or volume and where no additional dwelling unit is proposed; and (ii) a non-residential building that does not increase floor area or volume and where no change of use is proposed.
- C. Any use identified in this Ordinance as requiring a zoning permit, including but not limited to yard sales (Section 207), temporary uses (Section 211), the keeping of hens (Section 611), and beekeeping (Section 611A).
- D. Any other use of premises, whether or not provided for in this Ordinance, including but not limited to a change in the nature of the use of any building or premises to a non-conforming use from any lawful prior use, the expansion of any existing lawful non-conforming use, or any change in lot size or shape.
901.2 Application Requirements.
Application for a zoning permit shall be upon an appropriate form to be prescribed by the City and shall be accompanied by:
- A. Plans, drawn to scale, showing the actual shape, dimensions, and location of the lot to be used, of existing buildings, and of proposed new buildings or structures.
- B. Information as to the existing and intended use of each building, lot or part thereof, and as to the number of families, lodgers, or other occupants which any building upon the premises is designed to accommodate.
- C. A copy of the plans and information described above shall also be submitted to the City Planner or his or her designee for review in accordance with the provisions of Article III of the City of Lebanon Site Plan Review Regulations.
901.3 Approval or Denial.
The Zoning Administrator shall determine whether an application for a permit is in compliance with this Ordinance. If the Zoning Administrator determines that it is, the application shall be approved and a zoning permit issued. If the Zoning Administrator determines that it is not, the application shall be denied. The Zoning Administrator shall act upon any application within 30 days after it has been filed.
901.4 Scope of Permit.
Issuance of a zoning permit pursuant to this Ordinance constitutes approval by the City of the proposed use only under the requirements of this Zoning Ordinance. The owner shall continue to be responsible for compliance with all other applicable City Ordinances or federal or state laws, including but not limited to the Environmental Quality Act, the NH Shoreland Protection Act, and the state building code.
901.5 Building Permit.
The issuance of a zoning permit shall precede or be in conjunction with the issuance of a building permit.
Section 902 Occupancy.
No building or structure shall be occupied except in conformance with this Ordinance. The Building Inspector shall not issue a Certificate of Occupancy for any building or structure that has not received a zoning permit and that is not in conformity thereto.
Section 903 Enforcement.
903.1 Enforcing Authority.
This Ordinance shall be enforced by the Zoning Administrator. It shall be the duty of the Zoning Administrator to enforce all of the requirements set forth herein, to the fullest extent provided by the laws of the City and of the State of New Hampshire.
903.2 Notice of Violation.
The Zoning Administrator may issue a notice of violation personally, or through Municipal Counsel.
903.3 Penalties and Remedies.
The Zoning Administrator shall institute, in the name of the City, any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate any violation of this Ordinance or to prevent in or about the premises any act, conduct, or use constituting a violation, and shall have all enforcement powers provided by statute including but not limited to RSA 676:15, 676:17, 676:17-a, and 676:17-b.
903.4 Injunctive Relief.
In addition to other remedies provided by law, the Zoning Administrator acting through municipal counsel may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent or abate or remove erections, construction, alterations or reconstructions that are in violation of this Ordinance.
903.5 Recovery of Legal Costs.
As permitted by NH RSA 676:17, as amended, the Zoning Administrator shall seek to recover all costs and attorney’s fees in any legal action necessary to enforce these regulations.