IMPORTANT: READ ALL INSTRUCTIONS CAREFULLY BEFORE

FILLING OUT ATTACHED APPLICATION.

The board strongly recommends that, before making any appeal,

you become familiar with the zoning ordinance, and also with the

New Hampshire Statutes TITLE LXIV, RSA Chapters 672 – 677,

covering planning and zoning.

Four types of appeals can be made to the board of adjustment:

VARIANCE: A variance is an authorization, which may be granted under

special circumstances, to use your property in a way that is not permit-

ted under the strict terms of the zoning ordinance. For a variance to be

legally granted, you must show that your proposed use meets all

five of the following conditions:

1. The proposed use would not diminish surrounding property values.

2. Granting the variance would be of benefit to the public interest.

3. Denial of the variance would result in unnecessary hardship to

the owner. Hardship, as the term applies to zoning, results if

a restriction, when applied to a particular property, becomes

arbitrary, confiscatory, or unduly oppressive because of

conditions of the property that distinguish it from

other properties under similar zoning restrictions.

Hardship, under zoning law, has nothing to do with the

physical or economic conditions of the owner.

4. Granting the variance would do substantial justice.

5. The proposed use is not contrary to the spirit of the ordinance.

If you are applying for a variance, you must first have some form

of determination that your proposed use is not permitted without a

variance. Most often, this determination is a denial of a building

permit. A copy of the determination must be attached to your

application.

 

 

APPEAL FROM AN ADMINISTRATIVE DECISION: If you have been

denied a building permit or are affected by some other decision regard-

ing the administration of the 10/99 zoning ordinance, and you believe

that the decision was made in error under the provisions of the

ordinance, you may appeal the decision to the board of adjustment.

The appeal will be granted if you can show that the decision was

indeed made in error.

If you are appealing an administrative decision, a copy of the

decision appealed from must be attached to your application.

SPECIAL EXCEPTION: Certain sections of the zoning ordinance provide

that a particular user of property in a particular zone, will be permitted

by special exception if specified conditions are met. The necessary

conditions for each special exception are given in the ordinance. Your

appeal for a special exception will be granted if you can show that the

conditions stated in the ordinance are met.

If you are applying for a special exception, you may also need a site

plan or subdivision approval, or both, from the planning board. Even in

those cases where no planning board approval is needed, presenting a

site plan to the planning board will assist in relating the proposal to the

overall zoning. This should be done before you apply for a special exception.

EQUITABLE WAIVER OF DIMENSIONAL REQUIREMENTS:

The board may grant an equitable waiver only for existing dimensional

nonconformities provided the applicant could meet the required standards.

(a) The nonconformity was not discovered until after the structure

was substantially completed or after a vacant lot in violation

had been transferred to a bona fide purchaser;

(b) The nonconformity was not an outcome of ignorance of the

law or bad faith, but was instead caused by a legitimate mistake;

If these conditions are satisfied, the board can move on to the

additional findings to grant the waiver:

(c ) The nonconformity does not constitute a public or private

nuisance nor diminish the value or interfere with future uses

of other property in the area; and

(d) The cost of correction would far outweigh any public benefit

to be gained.

 

 

In lieu of the requirements in paragraphs (a) and (b), the violation

has existed for 10 years or more with no enforcement action, including

written notice, commenced by the town.

For any appeal, the application form must be properly filled out.

The application form is intended to be self-explanatory, but be sure

that you show:

WHO owns the property? If the applicant is not the owner,

this must be explained.

WHERE is the property located?

DESCRIBE the property. Give area, frontage, side and rear lines,

slopes and natural features, etc.

WHAT do you propose to do? Attach sketches, plot plans, pictures,

construction plans, or whatever may help explain the proposed

use. Include copies of any prior applications concerning the

property.

WHY does your proposed use require an appeal to the board of

adjustment?

WHY should the appeal be granted?

Prepare a list of all abutting property owners, have it verified at the

city/town office, and attach it to your application. If you have any

difficulty, consult the assessor’s office, but the accuracy of the list is

your responsibility.

Mail or deliver the completed application, with all attachments to

the clerk of the board or to the office of the board of selectmen. A fee

is charged sufficient to cover the cost of preparing and mailing the

legally-required notices. Make check payable to city/town of _________

and remit with your application.

The board will schedule a public hearing within 30 days of

receipt of your properly – completed application. Public notice

of the hearing will be posted and printed in a newspaper, and notice

will be mailed to you and to all abutters and to other parties whom the

board may deem to have an interest, at least five days before the date

of the hearing. You and all other parties will be invited to appear in

person or by agent or by counsel to state reasons why the appeal should

or should not be granted.

After the public hearing, the board will reach a decision. You and all

other parties to the case will be sent a notice of decision.

 

 

If you believe the boards decision is wrong, you have the right to

appeal. The selectmen, or any party affected, have similar rights to

appeal the decision in your case. To appeal, you must first ask the

board for a rehearing. The motion for rehearing may be in the

form of a letter to the board. The motion must be made within 20

days after the decision is filed and first becomes available

for public inspection in the boards office, and must set forth

the grounds on which it is claimed the decision is unlawful or

unreasonable.

The board may grant such a rehearing if, in its opinion, good reason

is stated in the motion. The board will not reopen a case based on the

same set of facts unless it is convinced that an injustice would be

created by not doing so. Whether or not a rehearing is held, you must

have requested one before you can appeal to the courts.

When a rehearing is held, the same procedure is followed as for the

first hearing, including public notices and notice to abutters.

See RSA Chapter 677 for more detail on rehearing and appeal

procedures.

Back     Home