Historic District Commission

Rules of Procedure

1. GENERAL
   
   1. Authority. The Amherst Historic District Commission (hereinafter the Commission) was established by the voters of the Town of Amherst at Town Meeting of March 1970 and by adoption of Article IV, Section 4-15, Historic District (HD), of the Zoning Ordinance at Town Meeting of March 11, 1986. Pursuant to RSA § 676:1, the Commission has adopted these Rules of Procedure to prescribe the method of conducting its business in conformance with RSA § 672, RSA § 673, RSA § 674, RSA § 676, RSA § 677, and RSA § 91-A. Amendments to these Rules of Procedure shall be adopted at a regular meeting of the Commission pursuant to RSA § 675:6 and shall be placed on file with the Zoning Administrator for public inspection.
   2. Interpretation. These Rules of Procedure are based upon the most current statutes governing land use boards as of its writing (updated with legislation through Chapter 331 of the 1999 Session of the General Court, which convened on January 6, 1999). Whenever the requirements of these Rules of Procedure are at variance with those of any other lawfully adopted rules, regulations, ordinances, or statutes, the requirements that are most restrictive or that impose the higher standard shall govern.
   3. Severability. If any section, subsection, sentence, clause, phrase or other part of these Rules of Procedure is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of these Rules of Procedure.
   4. Definitions. Unless specifically defined below, words or phrases in these Rules of Procedure shall be interpreted to give them the same meaning as they have in the Amherst Zoning Ordinance and/or in common usage so as to give these rules their most reasonable application.
      1. Abutter. Any person whose property is located in the Amherst Village Historic District and adjoins or is directly across the street or stream from the land under consideration by the Commission. For purposes of receiving testimony only and not for purposes of notification, the term abutter shall include any person who is able to demonstrate that his property will be directly affected by the proposal under consideration.
      2. Alteration. Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.
      3. Alternate Member. A member of the Commission who, at the direction of the chairperson, serves in the absence or disqualification of a regular member of the Commission.
      4. Applicant(s). The owner(s) of the property.
      5. Building. Any structure that has a roof and is intended to shelter people, animals or chattel.
      6. Building Permit (or Permit). A certificate issued by the Zoning Administrator permitting the building, alteration, installation, repair, or change of buildings, land, or uses as regulated by the Zoning Ordinance.
      7. Certificate of Approval (or Certificate). A certificate issued by the Historic District Commission indicating its approval of an application to alter, repair, construct, add onto, move, demolish, or change the use of a structure or a site within a Historic District.
      8. Certified Local Government. A city or town that has met specific standards enabling participation in certain National Historic Preservation Act programs.
      9. Change of Use. A change in how a structure or place is utilized or developed, whether for industrial, commercial, residential or agricultural purposes.
      10. Character. The aggregate of visible historic and architectural features and traits that together form the individual nature of an historic district.
      11. Commission. Commission shall mean the Historic District Commission of the Town of Amherst, New Hampshire.

      12. Completed Application. A completed application means that, in the discretion of the Commission, sufficient information is included or submitted to allow the Commission to proceed with consideration and to make an informed decision.

      13. Conservation Restriction. A right to prohibit or require, a limitation upon, or an obligation to perform, acts on or with respect to, or uses of, a land or water area, whether stated in the form of a restriction, easement, covenant or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the area or in any order of taking, which right, limitation, or obligation is appropriate to retaining or maintaining such land or water area, including improvements thereon, predominantly in its natural, scenic, or open condition, or in agricultural, farming, open space or forest use, or in any other use or condition consistent with the protection of environmental quality.
      14. Construction. The act of adding an addition to an existing structure or the erection of a new principal accessory or structure on a lot or property.
      15. Contributing Property. A structure or site in the historic district that generally has historic, cultural, social, economic, political, or architectural significance.
      16. Demolition. Any act or process that destroys in part or in whole a landmark or structure.
      17. Design Guidelines (or Guidelines). Standards of appropriate design and activity developed by the Commission which offers property owners guidance in preserving the historic and architectural character of a structure, setting, or place, and which standards shall include the Secretary of the Interior's Standards for Rehabilitation. (See Regulations.)
      18. Elevation. The orthographic projection of an object or structure on a vertical picture plane parallel to one of its sides, and usually drawn to scale.
      19. Ex Officio Member. Any member of the Commission who holds office by virtue of an official position and who shall exercise all the powers of a regular member of the Commission.
      20. Appearance. The architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, and appurtenant elements.
      21. Historic Property (or Historic Resource). Any prehistoric or historic site, place, building, structure, or object that is deemed by the Commission to have historic, cultural, social, economic, political, or architectural significance.
      22. Historic District. An area designated by ordinance of the Town of Amherst and which contains within definable geographic boundaries a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development.
      23. Historic District Zoning Overlay. That portion of the Zoning Ordinance that regulates the alteration, repair, construction, adding onto, moving, demolishing, or changing the use of a structure or place within the historic district, which is superimposed over pre-existing zoning district(s).
      24. Maintenance. Ordinary maintenance and repair of any architectural feature that does not involve removal or a change in design, dimensions, materials or outer appearance of such feature.
      25. Massing. A unified composition of two-dimensional shapes and three dimensional volumes that defines the form of a structure in general outline rather than in detail and gives the impression of weight, density, and bulk.
      26. Moving. Any relocation or removal of a structure on its site or to another site.
      27. National Register of Historic Places (or National Register). Official inventory of "districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering and culture."
      28. Non-Contributing Property. A structure or site in the historic district that generally does not have historic, cultural, social, economic, political, or architectural significance.
      29. Notice of Disapproval (or Notice). A written notice issued by the Historic District Commission indicating its disapproval of an application to alter, repair, construct, add onto, move, demolish, or change the use of a structure or a site within a Historic District.
      30. Orthographic Projection. A method of projection in which a three-dimensional object is represented by projecting lines perpendicular to a picture plane.
      31. Place. An open space of land within the historic district.
      32. Plan View (or Plan). An orthographic projection of the top or section of an object or structure on a horizontal plane, usually drawn to scale.
      33. Plat. A plan or map of land in the historic district indicating the location and boundaries of individual properties and improvement thereon.
      34. Preservation. The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic structure, place, or feature.
      35. Preservation Restriction. A right to prohibit or require, a limitation upon, or an obligation to perform, acts on or with respect to, or uses of, a structure or site historically significant for its architecture, archaeology or associations, whether stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the structure or site or in any order of taking, which right, limitation or obligation is appropriate to the preservation or restoration of such structure or site.
      36. Regular Member. A member of the Commission who has full voting power.
      37. Regulations. Local design guidelines and standards of review promulgated by the Commission that interpret and implement statutory requirements and are in conformance with the Historic District Zoning Overlay.
      38. Rehabilitation. The process of returning property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.
      39. Repair. Any change that is not construction, addition, demolition, moving, or alteration.
      40. Restoration. The act or process of accurately recovering the form, features, and character of a property and its setting as it appeared at a particular period of time by means of removal of features from other periods in its history and reconstruction of missing features from the restoration period.
      41. Rules of Procedure. A set of rules adopted by the Commission pursuant to RSA 676:1 concerning the method of conducting the Commission's business.
      42. Scale. A certain proportionate size, extent, or degree, usually judged in relation to some standard or point of reference.
      43. Setback. The minimum required distance from every structure to the property lines of a lot, established by the Zoning Ordinance to provide for air, light, solar access, and privacy.
      44. Site Plan. Proposed plan for development, submitted by the property owner for review by the Commission, that shows the form, location, and orientation of a building or group of buildings on a site, usually including dimensions, landscaping and other significant features of the plot.
      45. Structure. Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but not limited to: buildings, fences, stone walls, gazebos, signs, backstops for tennis courts and ballparks, antennae, above ground pools and hot tubs, air conditioning units, propane tanks, playground equipment, etc.
      46. Zoning Ordinance. The laws of the Town of Amherst regulating the building, alteration, installation, repair, or change of buildings, land, or uses within the borders of the entire town.
2. MEMBERSHIP
   
   1. Regular Members. Membership shall consist of not fewer than five nor more than seven regular members, one of whom shall be an ex officio member of the Board of Selectmen and one of whom may be an ex officio member of the Planning Board.
   2. Alternate Members. Not more than five alternate members may be appointed. Whenever a regular member is either absent or disqualifies himself or herself, the chairperson shall designate an alternate to vote in his or her place; except that only the alternate designated by the Board of Selectmen for its ex officio member shall serve in place of that member. When designated to vote, the alternate shall continue as a voting member until the end of the meeting unless the regular member for whom the alternate is voting subsequently joins the meeting, in which case that alternate shall continue as a voting member only until the immediate issue under consideration is decided. To the extent that an issue is considered over the course of two or more meetings, the alternate so designated shall sit and vote on that issue at subsequent sessions concerning that same issue. All voting and non-voting members may participate in all discussions. (5-15-03)
   3. Appointment. The ex officio members from the Board of Selectmen and the Planning Board shall be appointed by vote of their respective boards. All other regular members and alternate members shall be appointed by the Board of Selectmen.
   4. Qualifications. In determining each member's qualifications, the Board of Selectmen shall take into consideration the appointee's demonstrated interest and ability to understand, appreciate and promote the purposes of the historic district commission. To the extent that professionals in the following disciplines are available in the community, the Board of Selectmen should make reasonable efforts to appoint members from those professions: architectural history, archaeology, cultural anthropology, New England history, or planning. Information on the credentials of the Commission members shall be kept on file with the Zoning Administrator and available for public review. Members shall be residents of the Town of Amherst, but are not required to reside in the Amherst Village Historic District per se.
   5. Terms. Except as provided for in RSA § 673:5 I (b), The term of any ex officio member shall coincide with the term for that other office. The term of all other regular and alternate members shall be three years. In accordance with RSA § 673:5 II, the initial terms of regular members first appointed to the Commission shall be staggered so that no more than three appointments occur annually in the case of a seven member Commission and no more than two appointments occur annually in the case of a five or six member Commission, except when required to fill vacancies. The terms of alternate members shall be staggered in a similar manner so that no more than two appointments occur annually in the case of a Commission with four or five alternate members and no more than one appointment occur annually in the case of a Commission with two or three alternate members.
   6. Vacancies. The Board of Selectmen shall act within sixty days to fill a vacancy, including expired terms. Vacancies shall be filled as provided by RSA § 673:12.
   7. Removal. Members may be removed for cause in a manner provided by RSA § 673:13. In addition, the chairperson may request the resignation of any member who fails to attend four consecutive meetings without just reason.
3. OFFICERS
   
   1. Positions and terms. A Chairperson, Vice Chairperson, and Secretary shall be elected by a vote of the membership of the Commission. The term of every officer and Chairperson elected shall be for one year. Neither an ex officio nor an alternate member shall serve as Chairperson.
   2. Chairperson. The Chairperson shall preside at all meetings of the Commission, call meetings at the frequencies specified below, see that orders and resolutions of the Commission are carried out, and sign all official correspondence of the Commission, serve as the official spokesperson for the Commission, and prepare an annual report. The Chairperson shall also appoint such committees as directed by the Commission. (5-15-03)
   3. Vice-Chairperson. The Vice-Chairperson shall perform all the duties of the chairperson in her or his absence.
   4. Secretary. Pursuant to RSA § 91-A, the Secretary shall record the minutes of the meetings of the Commission and shall provide the original, signed copy of said minutes to the Zoning Administrator for public inspection within 144 hours of a public meeting or, unless voted otherwise pursuant to RSA § 91-A:3 III, within 72 hours of a non-public meeting. The Secretary shall also keep attendance of regular, alternate and ex-officio members and may sign Certificates of Approval and Notices of Disapproval in the absence of the Chairperson and Vice-Chairperson. Once per year, the Secretary shall review amendments to the RSAs, if any, that may affect these Rules and propose corresponding changes to these Rules to keep them current with the RSAs. (5-15-03)
4. MEETINGS
   
   1. Regular Meetings. The Commission shall meet regularly on the third Thursday of each month, unless there is no business before the Commission. All regular meetings shall be open to the public, unless otherwise noticed and conducted in strict accordance with RSA § 91-A:3. (5-15-03)
   2. Special Meetings. Special meetings of the Commission shall take place at the call of the Chairperson or as the Commission deems necessary. All special meetings shall be open to the public, unless otherwise noticed and conducted in strict accordance with RSA § 91-A:3. (5-15-03)
   3. Joint Meetings. (5-15-03)
      1. Pursuant to RSA § 676:2, an applicant seeking approval from another land use board(s) may petition the Historic District Commission and the respective land use board(s) to hold a joint meeting or hearing when the subject matter is within the responsibilities of those boards. Similarly, the Historic District Commission shall have the authority on it own initiative, pursuant to RSA § 676:2, to request a joint meeting with any other land use board(s). Each land use board so petitioned shall have the discretion as to whether or not to hold a joint meeting with any other land use board.
      2. A joint hearing shall be a formal public hearing.
      3. The Chairperson of the Historic District Commission along with the chairperson(s) of the other land use board(s) shall mutually determine who shall chair the joint meeting.
      4. The Rules of Procedure for the joint meeting shall be governed by the land use board that chairs the meeting.
      5. Every board shall be responsible for rendering a decision on the subject matter that is within its own jurisdiction.
      6. The Historic District Commission shall make all reasonable efforts to hold at least one joint meeting per year with the Heritage Commission for the purpose of coordinating preservation activities that overlap within the boundaries of the Amherst Village Historic District.
   4. Non-Public Sessions. (5-15-03) In accordance with RSA § 91-A:3, the Commission shall not meet in non-public session, except for the purposes set forth in (a) through (c) below. No session at which evidence, information or testimony in any form is received shall be closed to the public, except for the purposes set forth in (a) through (c) below. The Commission may not enter non-public session, except pursuant to a motion properly made and seconded. Minutes of non-public sessions shall be kept, recorded and made available for public inspection in accordance with RSA § 91-A:3, III.
      1. Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the Historic District Commission itself, unless such person requests an open meeting.
      2. Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community.
      3. Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the Historic District Commission or any member thereof, or against any member thereof because of his or her membership in the Historic District Commission, until the claim or litigation has been fully adjudicated or otherwise settled.
   5. Site Review. The Commission may table, within the limits imposed by subparagraph 5.01 (d), final consideration of an application pending a site review. The purpose of the site review is to validate the information provided in the application as well as to determine the effects of the proposal on the subject building, its setting, the surrounding area, and neighboring properties. For proposals concerning new construction, new exterior additions, moving of structures, site work, or fencing, the applicant is required to stake the ground to show the dimensions and location of the proposed building, addition, fencing, or site work. In addition, in the case of new construction and new exterior additions, the applicant is required to float a balloon or erect a pole with a flag upon the top to indicate the maximum height of the proposed construction.
   6. Quorum. A majority of the voting members shall constitute the quorum necessary in order to transact business in any meeting of the Commission. A motion, duly seconded and following discussion, shall be passed by affirmative vote of the quorum. The Chairperson shall not make a motion while chairing a meeting of the Commission. After all discussion of the motion has been completed, the Chairperson will call for a vote. When the vote is evenly divided, the motion shall be deemed to have been defeated. If the vote is not unanimous, the minutes of the meeting shall indicate members opposed or abstaining by name. The Chairperson shall vote on each motion. (5-15-03)
   7. Work or Study Sessions. Work or study sessions may be convened as a whole or as a committee of the whole in the same manner as special meetings, provided that no quorum shall be required and that no official action shall be taken. (5-15-03)
5. ADMINISTRATION
   
   1. Building Permits, Certificates of Approval, and Notices of Disapproval. Whether or not a building permit is also required under the Zoning Ordinance, the Commission shall review all applications to construct, repair, move, demolish, change use, or alter any structure within the Amherst Village Historic District for its impact on the district. Upon review and determination of the application, the Commission shall file either a Certificate of Approval or a Notice of Disapproval with the Zoning Administrator. Determination on an application shall be in the opinion of a quorum of the voting members of the Commission.
      1. Approval. Work shall not commence unless a Certificate of Approval is filed with the Zoning Administrator. In cases where a building permit is also required by the Zoning Ordinance, the Zoning Administrator shall not issue the building permit until or unless the Commission has filed a Certificate of Approval. The "Certificate of Approval/Notice of Disapproval" form appended hereto shall be the form upon which all approvals are granted and shall be deemed to be a part of these Rules of Procedure.
      2. Disapproval. In case of disapproval of any application submitted to the Commission, the grounds for such disapproval shall be adequately stated in the Notice of Disapproval. The Notice of Disapproval shall be binding upon the Zoning Administrator and no building permit shall be issued. Notice of Disapproval holders may make modifications to the disapproved plans and resubmit the application for hearing without prejudice. The "Certificate of Approval/Notice of Disapproval" form appended hereto shall be the form upon which all disapprovals are communicated and shall be deemed to be a part of these Rules of Procedure.
      3. Conditional Approval. In appropriate cases, the Commission may grant conditional approval of an application, which approval shall become final without further public hearing upon certification to the Commission by its designee, or based upon evidence submitted by the applicant, of satisfactory compliance with the conditions imposed. Final approval of an application may occur in the foregoing manner only when the conditions are:
         1. Minor plan changes as a result of a public hearing, compliance with which is administrative and which does not involve discretionary judgment on the part of the Commission; or
         2. Conditions that are in themselves administrative and that involve no discretionary judgment on the part of the Commission.
         All other conditions shall require an additional hearing and notice as provided in Section 5.02 (c), except that additional notice shall not be required of an adjourned session of a hearing with proper notice if the date, time and place of the adjourned session were made known at the prior hearing.
      4. Deadlines. The Commission shall file with the Zoning Administrator either a Certificate of Approval or a Notice of Disapproval pursuant to RSA § 676:8 III within 45 days after the filing of a completed application for the certificate with the Zoning Administrator, unless the applicant agrees to a longer period of time. Failure to file either the certificate or the notice within the specified period of time shall constitute approval by the Commission. Pursuant to RSA § 676:3 II, the Certificate of Approval or Notice of Disapproval shall be made available for public inspection within 72 hours after the Commission makes the decision.
      5. Commencement of Work. The applicant shall wait until 20 calendar days have expired after the date the Certificate of Approval is filed with the Zoning Administrator before commencing work to allow sufficient time for any aggrieved parties to appeal the decision. Upon commencement of work, the Certificate of Approval holder shall promptly and diligently pursue completion of the work approved. Work done under a Certificate of Approval shall commence within one year of issuance of the certificate thereof unless otherwise authorized by the Commission.
      6. Completion of Work. Work done under a Certificate of Approval shall be completed within two years thereof unless otherwise authorized by the Commission. Where a Certificate of Approval holder submits a new application prior to completion of an outstanding Certificate of Approval, the Commission, prior to considering the new application, may require a showing of good cause for any unreasonable delay found by the Commission to have occurred concerning the outstanding Certificate of Approval.
      7. Inspections. Upon completion of the work, the applicant shall call the office of the Zoning Administrator for a final inspection and a representative of the Commission shall be assigned to inspect the work for compliance with the Certificate of Approval. Notwithstanding the requirement for a final inspection, the Commission reserves the right to make periodic inspections while the work is in progress.
   2. Application. The Commission shall issue a Certificate of Approval or Notice of Disapproval based upon the review and determination of an application. The form of application appended hereto shall be the form upon which all applications to the Commission shall be made and shall be deemed to be a part of these Rules of Procedure. Application forms shall be made available through the office of the Zoning Administrator.
   1. Deadlines. The applicant shall file the completed application with the Zoning Administrator at least 10 days prior to the meeting at which the application will be considered.
   2. Completion. The Commission will only consider a completed application sufficient to invoke jurisdiction to obtain approval. A completed application means that, in the discretion of the Commission, sufficient information is included or submitted to allow the Commission to proceed with consideration and to make an informed decision. A completed application shall, at a minimum, include:
      1. Form. A completed application form along with a copy of any plats, site plans, drawings, photographs, renderings, reference materials, etc. required to be included with the application form, and any specific factual material requested by the Commission.
      2. Fee. The payment of the application fee.
      3. Interested Parties. A list of the names and addresses of the applicants and three sets of addressed adhesive mailing labels per address.
      4. Abutters (only applications for new construction, new exterior additions, demolition, moving, site work, change of use, or fencing). A list of the names and addresses of all abutters as defined in RSA § 672:3 and three sets of addressed adhesive mailing labels per listed abutter. Abutters shall also be identified on any plat or site plan submitted to the Commission.
      5. Variances. If applicable, a copy of the letter from the Zoning Board of Adjustment granting a request for variance to the Zoning Ordinance.
   3. Determination of Completion. The Commission shall, within 30 days following filing of the application, determine if a submitted application is complete according to these Rules of Procedure and shall vote upon its acceptance. Upon determination by the Commission that a submitted application is incomplete, the Commission shall notify the applicant of the determination in accordance with Section V, paragraph 5.01 (b), and shall describe the information, procedure, or other requirement necessary for the application to be complete in accordance with Section V, paragraph 5.01 (d). The applicant may correct deficiencies in the application and reapply at a later date without prejudice.
   4. Public Hearing. Except as provided for in this section, no application may be denied or approved without a public hearing on the application. At the hearing, any applicant, abutter, holder of conservation or preservation restriction, or any person with a direct interest in the matter may testify in person or in writing. Public hearings shall not be required when:
      1. The Commission disapproves an application based upon failure of the applicant to supply information required by the Rules of Procedure; or
      2. The applicant fails to meet reasonable deadlines established by the Commission; or
      3. The applicant fails to pay costs of notice or other fees required by the Commission.
   5. Notice. The Zoning Administrator shall provide notice of public hearings on applications as follows:
      1. Preliminary Conceptual Consultations: Notice shall not be required for Preliminary Conceptual Consultations between an applicant and the Commission pursuant to subparagraph 5.03 (c).
      2. Applications for new construction, new exterior additions, demolition, moving of structures, site work, change of use, or fencing: Notice shall be provided to the applicant and abutters by mail of the date upon which the Commission will consider the application. Notice shall be sent by certified mail at least 5 days prior to the meeting. Notice to the general public shall also be given at the same time by posting. The notice shall include a general description of the proposal that is the subject of the application and shall identify the applicant and the location of the proposal. All costs of notice shall be paid in advance by the applicant. Failure to pay such costs shall constitute valid grounds for the Commission to terminate further consideration and to deny the application without public hearing.
      3. All applications other than for new construction, new exterior additions, demolition, moving of structures, site work, change of use, or fencing: Notice shall be provided to the applicant by mail of the date upon which the Commission will consider the application. Notice shall be sent by regular mail at least 5 days prior to the meeting. The notice shall include a general description of the proposal that is the subject of the application and shall identify the applicant and the location of the proposal.
   3. Preliminary Conceptual Consultation. For proposals concerning new construction, new exterior additions, demolition, moving of structures, site work, change of use, or fencing, it is strongly recommended, but not required, that the applicant meet with the Commission prior to filing a complete application.
      1. Purpose. The purpose of the meeting is to allow for an informal exchange between the applicant and the Commission to review the basic concept of the proposal and offer suggestions which might be of assistance in resolving problems with meeting requirements during final consideration. In this manner, the Commission may provide preliminary, non-binding guidance on the suitability of the proposal with a minimum burden of expense on the applicant. Such consultation shall bind neither the applicant nor the Commission and statements made by Commission members shall not form a basis for disqualifying said members or invalidating any action taken.
      2. Materials. Materials presented for this discussion should include plats, site plans, drawings, photographs or other sufficient information to allow for a meaningful understanding of the intended conceptual design.
      3. Notice. Such discussion may occur without necessity of giving formal, public notice as otherwise required under paragraph 5.02 (e), but such discussions may occur only at formal meetings of the Commission.
   4. Due Diligence. The Commission may table, within the limits imposed by subparagraph 5.01 (d), final consideration of an application for the purposes of seeking advice, recommendations, or reports from professional, educational, cultural, civic or other groups or persons as may be deemed necessary for the determination of a reasonable decision.
   5. Appeals. Any person or persons jointly or severally aggrieved by a decision of the Commission shall have a right to appeal to the Zoning Board of Adjustment. Upon appeal, the Zoning Board of Adjustment shall review the decision of the Commission to determine whether the decision conforms to the provisions of the Historic District Zoning Overlay and to these Rules of Procedure adopted thereunder.
   6. Enforcement. These Rules of Procedure shall be enforced in accordance with the provisions of Article VI of the Zoning Ordinance, and violators shall be subject to the penalty provisions contained therein.
6. CODE OF CONDUCT
   
   1. Commission members and staff shall not use their position for a purpose that is, or gives the appearance of being, motivated by a desire for personal benefit or private gain for themselves or others, particularly those with whom they have family, business, organizational, or other ties.
   2. Commission members and staff who have a financial interest in a property, shall not participate in any discussion, hearing, or other Commission consideration of that property, whether as part of local review procedures pursuant to RSA § 674 and RSA § 676, or as part of actions (such as National Register nomination review procedures) pursuant to the responsibilities of a "Certified Local Government" under the National Historic Preservation Act, or under the associated requirements established by the National Park Service and the State of New Hampshire for participation in the Certified Local Government program.
   3. Commission members and staff shall not participate in the preparation of, administration, monitoring, approval, or payment of any grants or contracts made to or by the Commission if a real or apparent conflict of interest would be involved.
   4. In conformance with RSA § 673:14, no member of the Commission shall sit upon the hearing of any question which the Commission is to decide if that member has a direct, personal, or pecuniary interest in the outcome which differs from the interest of other citizens or would be disqualified for any cause to act as a juror upon the trial of the same matter in any action at law.
   5. When uncertainty arises as to the application of these provisions to a Commission member in particular circumstances, the Commission shall, upon the request of that member or another member of the Commission, vote on the question of whether that member should be disqualified. Any such request and vote shall be made prior to or at the commencement of any required public hearing. Such a vote shall be advisory and non-binding, and may not be requested by persons other than Commission members, except as provided by local ordinance or by these Rules of Procedure.
   6. If a member of the Commission is disqualified or unable to act in any particular case before the Commission, the chairperson shall designate an alternate to act in place of the disqualified member as specified in RSA § 673:11.
   7. Any member of the Commission who may have an apparent, potential, or actual conflict of interest with respect to any deliberations or matters before the Commission shall absent himself or herself from the Commission's meeting while such matters are being considered or acted upon.
   8. Commission members and staff who are in office or employed at the time these code of conduct provisions are adopted shall be exempted for a period not to exceed one year from the date of adoption, pursuant to RSA § 31:39-a.