In accordance with the requirements of RSA 673:1, IV, a Zoning
Board of Adjustment is hereby established as part of this chapter.
A.
The Zoning Board of Adjustment shall consist of five regular members,
one of whom may be a member of the Planning Board.
B.
The terms of the initial members appointed by the Town Council shall
be staggered such that two shall serve three-year terms, two members
shall serve two-year terms, and one member shall serve a one-year
term. Thereafter, their successors when appointed by the Town Council
shall each serve three-year terms.
C.
The Town Council shall also appoint three alternate members of the
Board of Adjustment with each alternate to serve a term of three years.
D.
All regular and alternate Board members shall be appointed by the
Town Council and shall be residents of the Town in order to be appointed.
The Zoning Board of Adjustment shall adopt rules and regulations
governing meetings, hearings, application procedures, fees, and other
matter for the proper functioning of the Board. The Board shall adopt
its own rules of procedure and shall keep a record of its proceedings
showing the vote, indicating such facts used in making decisions,
and shall keep records of its examinations and other official actions.
Every rule or regulation, every amendment or repeal thereof, and every
order, requirement, decision, or determination of the Board shall
immediately be filed in the office of the Board and become a matter
of public record.
The Zoning Board of Adjustment shall have the following powers:
A.
Administrative appeals. Hear and decide appeals if it is alleged
there is error in any order, requirement, decision, or determination
made by an administrative official in the enforcement of any zoning
ordinance.
(1)
In exercising these powers, the Zoning Board of Adjustment may reverse
or affirm, wholly or in part, or may modify the order, requirement,
decision, or determination appealed from and may make such order or
decision as ought to be made and, to that end, shall have all the
powers of the administrative official from whom the appeal is taken.
(2)
The concurring vote of three members of the Board shall be necessary
to reverse any action of the administrative official or to decide
in favor of the applicant on any matter on which it is required to
pass.
B.
Variances. Authorize upon appeal in specific cases such variance
from the terms of the zoning ordinance as provided for in RSA 674:33,
I(b).
C.
Special exceptions.
(1)
Authorize special exceptions to the terms of the ordinance for uses
specifically identified in the Table of Uses.[1] The Board may grant such special exceptions in appropriate
cases and subject to appropriate conditions so as to be in harmony
with the general purpose and intent of the Zoning Ordinance. In granting
a special exception, the Board's shall apply the following standards:
(a)
No detriment to property values in the vicinity of the proposed
development will result on account of the location or scale of buildings,
structures, parking areas, or other accessways; the emission of odors,
smoke, gas, dust, noise, glare, heat, vibration, or other pollutants;
or the unsightly outdoor storage of equipment, vehicles, or other
materials.
(b)
No hazard will be caused to the public or adjacent property
on account of potential fire, explosion, or release of toxic materials.
(c)
No creation of a traffic safety hazard or substantial traffic
congestion in the vicinity of the proposed development.
(d)
No excessive demand on municipal services and facilities, including
but not limited to waste disposal, police and fire protection, and
schools.
(e)
The proposed use will not result in the degradation of existing
surface and groundwater quality standards, nor will it have adverse
effects on the natural functions of wetlands on the site which would
result in the loss of significant habitat or flood control protection.
(f)
Adequate and appropriate facilities will be provided for the
intended use.
[1]
Editor's Note: The Table of Uses (Table 2) is included at the end of this chapter.
(2)
In addition to the guiding principles specified above, the Zoning
Board of Adjustment may condition the granting of a special exception
upon more stringent standards if the Board determines that such conditions
are necessary to protect the health and welfare of the Town and its
residents. Such conditions may include the following:
(a)
Front, side, or rear yards in excess of the minimum requirements
of this chapter;
(b)
Screening of the premises from the street or adjacent property
by walls, fences, or other devices;
(c)
Limitations on the size of buildings and other structures more
stringent than minimum or maximum requirements of this chapter;
(d)
Limitations on the number of occupants and methods and times
of operation;
(e)
Regulation of the design and location of access drives, sidewalks,
and other traffic features;
(f)
Location and amount of parking and loading spaces in excess
of existing standards; and
(g)
Regulation of the number, size, and lighting of signs in excess
of existing standards.
D.
Special conditions and safeguards for certain special exceptions.
(1)
In addition to the guiding principles and standards specified in § 275-90, the following additional conditions and safeguards for certain uses shall apply:
(2)
The Board shall not grant a special exception for a membership club
in any district which permits such a use unless the Board shall first
determine that such membership club will:
E.
Waivers of dimensional requirements. Authorize upon appeal in specific
cases equitable waivers of dimensional requirements as provided for
in RSA 674:33-a.
[Added 3-10-1998]
F.
Variances for persons with disabilities. The Zoning Board of Adjustment
may grant a variance from the terms of the Zoning Ordinance pursuant
to RSA 674:33, V, without finding a hardship arising from the condition
of a premises subject to the ordinance, when reasonable accommodations
are necessary to allow a person with a recognized physical disability
to reside in or regularly use the premises. In granting a variance
pursuant to RSA 674:33, V, the Zoning Board may provide that the variance
shall survive only so long as the particular person has a continuing
need to use the premises.
[Added 3-14-2000]
[Added 3-9-1993; amended 3-9-2010; 3-11-2014; 3-12-2019]
Any variance, special exception, or administrative appeal granted
by the Zoning Board of Adjustment shall be rendered null and void
two years from the date of approval unless the applicant files a complete
application for a building permit, site plan, or subdivision plan
for the subject parcel at which point the Zoning Board of Adjustment
approval will run with the administrative timeline of the building
permit or Planning Board decision. Variances and special exceptions
approved before August 19, 2013, shall be rendered null and void unless
exercised by April 1, 2021, or as further extended by the Zoning Board
of Adjustment for good cause.
