ARTICLE 8
BOARD OF ADJUSTMENT
8.0 AUTHORIZATION
The establishment of a Board of Adjustment is hereby authorized in accordance with RSA 673, 674, 676 and 677 as amended, and all provisions are incorporated by reference in this ordinance.
A municipal officer shall not be a member or alternate member of the Board of Adjustment.
The Board of Adjustment shall elect its officers from its own membership.
Two (2) alternates may be appointed to the Board of Adjustment by the Selectmen to serve in accordance with RSA 673:6.
PLANNING BOARD RECOMMENDATIONS
The Board of Adjustment may, on receipt of individual requests for special exceptions or variances, request the Planning Board to make recommendations concerning conditions that should be attached to such
special exceptions or variances.
8.1 VARIANCES
(A) The ZBA may authorize a variance from the terms of this Ordinance for a particular use, parcel of land or to an existing building thereon from the terms of this chapter where, owing to conditions especially affecting such parcel or such building but not affecting generally the district in which it is located, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship.
a. The ZBA may authorize a variance from this Ordinance only where it confirms in writing that each and every one of the following has been met:
(1) An unnecessary hardship would be imposed by a literal application and enforcement of the provisions of this Ordinance.
(a) For a use variance, the following must be determined to support a finding of unnecessary hardship:
(1) The zoning restriction as applied to the applicant’s property interferes with the applicant’s reasonable use of the property, considering the unique setting of the property in its environment;
(2) No fair and substantial relationship exists between the general purposes of the Zoning Ordinance and the specific restriction on the property; and
(3) Granting the variance will not injure the public or private rights of others.
b For an area variance, the following must be determined to support a finding of unnecessary hardship:
(1) An area variance is needed to enable the applicant’s proposed use of the property given the special conditions of the property; and
(2) The benefit sought cannot be achieved by some other method reasonably feasible for the applicant to pursue other than an area variance.
2. Authorization of a variance will not be contrary to the public interest;
3. The spirit of this Ordinance shall be observed and substantial justice done in the use or structures resulting from the authorization of a variance; and
4. No diminution in the value of surrounding properties would be suffered as a result of the authorization of the variance.
(B) The applicant bears the burden of presenting evidence sufficient to allow the ZBA to reach conclusions and make findings to support the authorization of a variance.
(C) The owner shall submit an application to the Board of Adjustment with the required number of copies of the site plan drawn to scale and other written statements, records, and photographs documenting the following for the record of the petition.
1. The location of existing and proposed buildings or additions, parking areas, loading areas, vehicular maneuvering areas;
2. Existing and proposed screening;
3. The nature of the property for which the variance is sought and the physical circumstances that create a hardship;
4. That such circumstances are peculiar to the property under appeal and are not common within the zoning district;
5. That the relief sought would not reduce the value of surrounding property, would be of benefit to the public interest, and would not be contrary to the intent and spirit of the ordinance.
6. That the specific variance sought is the minimum variance required for reasonable relief to allow a reasonable use of the property; and
7. Other information determined to be necessary by the Board of Adjustment.
(D) Prior to authorizing a variance, the Board may require such additional information and impose conditions or safeguards as it deems necessary and reasonable.
(E) A variance authorized under the terms of this section shall expire if not undertaken within one year of the authorization. Upon receipt of a written request, the board may, however, grant a one-year extension.
(F) If after commencement, a variance is abandoned for a period of two (2) years, then the variance shall be deemed to have expired and cannot be re-established without a new application process and affirmative decision of the ZBA.
8.2 SPECIAL EXCEPTIONS
The Board of Adjustment may authorize the uses set forth as special exceptions in the specified districts in Section 5.4 of this ordinance.
A. GENERAL CONDITIONS
All uses requiring a special exception are hereby declared to possess such unique and special characteristics that each specific use shall be considered as an individual case. A permit granted under a special exception shall expire if such use shall cease for more than one year.
In acting on such exceptions the Board of Adjustment shall require at a minimum:
1. That granting the permit would be in the public interest.
2. That the proposed use would not adversely affect the property values in the district.
3. That the specific site is an appropriate location for the proposed use.
4. That the proposed use would not adversely affect the health and safety of the residents and others in the area and would not be detrimental to the use or development of adjacent or neighboring properties.
5. That the proposed use would not constitute a nuisance because of offensive noise, vibration, smoke, dust, odors, heat, glare, or unsightliness.
6. That granting of the permit would be in the spirit of this ordinance.
7. That the proposed use would not constitute a hazard because of traffic, hazardous materials, or other conditions.
B. RESOURCE RESERVE NATURAL SUPPLEMENTAL
CONDITIONS
In addition to the general conditions for Special Exception under Article 8.2, in the RRN zone the Zoning Board of Adjustment shall also require that:
1. Landscaping and development be compatible with existing development.
2. Proposed uses be planned and oriented to respect natural features, solar access, scenic vistas and natural drainage areas.
3. Access ways and provisions for motor vehicles be planned to minimize their impact.
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