A.
Appointment and terms. Pursuant to RSA 673, Establishment of Boards,
a Zoning Board of Adjustment shall be established, consisting of five
members and up to five alternate members, all appointed by the City
Council for three-year terms. Alternate members may fulfill the duties
and responsibilities of a regular member when a regular member is
disqualified from consideration of a particular application.
B.
Organization and rules of procedure. On an annual basis, the Board
shall elect a Chairman and other officers from among its membership.
The Board shall adopt, and from time to time amend, rules of procedure
for the conduct of its business. The rules of procedure shall establish
a regular meeting schedule so as to allow for the expeditious consideration
of appeals.
C.
Application procedure. Application procedures are as indicated in
this section and by RSA 676:5-7, Zoning Board of Adjustment. Where
there is a conflict the more stringent provisions shall apply.
(1)
Application fees. A nonrefundable fee shall be submitted together
with an application to cover the costs of the advertising, notification
and processing of the application as well as any special investigative
studies deemed necessary by the Zoning Board of Adjustment.
(2)
Submission materials. An application to the Zoning Board of Adjustment
shall include a completed application form, and plans and supplemental
information as may be required for the specific type of appeal. The
application shall be filed at least 14 days before a regularly scheduled
meeting of the Zoning Board of Adjustment and one copy shall be forwarded
to the Planning Board.
(3)
Notification. A notice of a public hearing on an application shall
be given to the applicant and to all abutters by certified mail not
less than five days before the date of the hearing. Notice shall also
be provided to each member of the Zoning Board of Adjustment and a
notice shall be sent to the Planning Board. A public notice of the
hearing shall be placed in a newspaper of general circulation in Laconia,
not less than five days before the date of the hearing.
(4)
Public hearing. At the public hearing, the Zoning Board of Adjustment
shall hear or receive oral or written testimony from the applicant
and all abutters, and any nonabutters who can demonstrate that they
are directly affected by the application upon which the hearing is
being held.
(5)
Action on the application. The Zoning Board of Adjustment shall approve,
deny or approve with conditions each application upon which a hearing
has been held. Action on the application may be tabled by the Zoning
Board of Adjustment from the date of the hearing to another meeting
of the Board. A concurring vote of three members of the Zoning Board
of Adjustment shall be necessary for a decision on an application.
Only members who were present at the hearing may vote on the application.
(6)
Issuance of a decision. Within 72 hours after a vote on an application,
a written record of the decision shall be available for public inspection
at the office of the Zoning Board of Adjustment. The record of decision
shall state whether the application was approved or denied, include
any conditions if approved, and state the reasons for the decision.
A copy of the record of decision shall be sent to the applicant by
first-class mail, and copies shall be made available to the Director
of Planning and Community Development or his or her designee, the
Director of Public Works, the City Assessor and the Director of Planning.[1]
[1]
Editor's Note: The term "Director of Code Enforcement" was
changed to "Director of Planning and Community Development or his
or her designee" in this subsection pursuant to the provisions of
Ord. No. 07.2000.07, adopted 8-14-2000.
(7)
As provided for by RSA 677:2, any party to the action or any person
directly affected thereby may move for a rehearing in respect to any
matter determined in the decision and must specify such grounds in
the motion for rehearing. The Zoning Board of Adjustment may grant
a rehearing if, in the opinion of the Board, there is sufficient reason
presented in the applicant's motion for rehearing.
[Amended 9-10-2001 by Ord. No. 06.2001.06]
(8)
Appeal to Superior Court. No appeal from any decision of the Zoning
Board of Adjustment may be taken to the Superior Court unless the
appellant has first made application for a rehearing as provided above.
A.
Interpretation of this chapter.
(1)
The Zoning Board of Adjustment shall hear and decide appeals where
it is alleged that there is an error in any order, requirement, decision
or determination by the Director of Planning and Community Development
or his or her designee in the administration and enforcement of this
chapter. The Board may affirm or reverse such order, requirement,
decision or determination, in whole or in part, or may modify the
same.
[Amended 8-14-2000 by Ord. No. 07.2000.07]
(2)
The Board shall hear and render determination on any questions relative
to the meaning and intent of any provision of the text of this chapter.
(3)
The Board shall hear and render determination on any question relative
to the exact location of any district boundary shown on the Zoning
Map.
B.
Authorization of variances.
(1)
Upon appeal, the Zoning Board of Adjustment may authorize a variance
from the terms of this chapter for a parcel of land, an existing building
or a proposed building.
(2)
The Zoning Board of Adjustment may authorize a variance from this
chapter only where it confirms in writing all of the following:
(a)
An unnecessary hardship would be imposed by a literal application
and enforcement of the provisions of this chapter. The following information
must be provided to support a finding of unnecessary hardship:
[Amended 9-10-2001 by Ord. No. 06.2001.06]
[1]
Explain how the proposed use of the property is reasonable,
considering the unique setting of the property in its environment,
and how the zoning restriction interferes with that reasonable use;
[2]
Explain why applying the zoning restriction to the property
will not further the general purpose of the zoning restriction; and
[3]
Explain why granting the variance will not harm the public or
private rights of others.
(c)
The spirit of this chapter shall be observed and substantial
justice done in the authorization of a variance.
(d)
No diminution in the value of surrounding properties would be
suffered as a result of the authorization of the variance.
(3)
The applicant bears the burden of presenting evidence sufficient
to allow the Zoning Board of Adjustment to reach conclusions and make
findings to support the authorization of a variance.
(4)
In authorizing a variance, the Zoning Board of Adjustment may impose
such conditions and stipulations as it deems necessary and proper
in order to fulfill the purposes and intents of this chapter.
C.
Granting of special exceptions.
(1)
The Zoning Board of Adjustment shall hear and decide requests for
special exceptions that are specifically authorized in the Table of
Permitted Uses[2] or elsewhere in this chapter.
[2]
Editor's Note: Said table is included at the end of this chapter.
(2)
The Zoning Board of Adjustment shall grant a request for a special
exception only where it confirms in writing each of the following
findings:
[Amended 2-10-2020 by Ord. No. 2020-235-70]
(a)
For short-term lodging, the following is to be used:
[1]
The use is specifically authorized in the chapter.
[2]
The requested use will not increase demand for municipal services.
[3]
Any special provisions for the use as set forth in this chapter
are fulfilled.
[4]
The requested use will not create hazards to the health, safety,
or general welfare of the public.
[5]
The requested use meets one of the two following criteria:
[a]
The applicant can demonstrate that the use in question
has been common practice at this specific property and structure for
a period of not less than five years prior to the enactment of the
Short-Term Lodging Ordinance; or
[b]
The applicant can offer convincing evidence that
granting the special exception for this property includes a general
community benefit that rises above the financial gains of the applicant.
(b)
For all other special exceptions, the following is to be used:
[1]
The use requested is specifically authorized in this chapter.
[2]
The requested use will not create undue traffic congestion or unduly
impair pedestrian safety.
[3]
The requested use will not overload any public water, drainage or
sewer system or any other municipal system, not will there be any
significant increase in stormwater runoff onto adjacent property or
streets.
[4]
The requested use will not create excessive demand for municipal
police, fire protection, schools or solid waste disposal services.
[5]
Any special provisions for the use as set forth in this chapter are
fulfilled.
[6]
The requested use will not create hazards to the health, safety,
or general welfare of the public, not be detrimental to the use of
or out of character with the adjacent neighborhood.
[7]
The proposed location is appropriate for the requested use.
[8]
The requested use is consistent with the spirit and intent of this
chapter and the Master Plan.
(3)
The applicant bears the burden of presenting evidence sufficient
to allow the Zoning Board of Adjustment to make findings required
to support the granting of a special exception.
(4)
In granting a special exception, the Zoning Board of Adjustment may
attach conditions as it deems necessary to assure compliance with
the purposes of this chapter. Such conditions may include but are
not limited to the following:
(a)
Increasing the lot size or setback area dimensions.
(b)
Limiting the lot coverage or building height.
(c)
Specifying the location and limiting the number of vehicular
access points to the property.
(d)
Requiring additional on-site parking or loading spaces.
(e)
Requiring additional landscaping and screening.
(f)
Limiting the number of occupants of a building, and the methods
and times of operation of a use.
(g)
Restricting the number, size and illumination of signs.
(h)
Modification of the exterior appearance of a building.
(i)
Providing for specific locations or layout of facilities on
the property.
D.
Equitable waiver of dimensional requirement.
[Added 10-14-1997 by Ord. No. 10.97.10]
(1)
Waivers.
(a)
When a lot or other division of land, or structure thereupon,
is discovered to be in violation of a physical layout or dimensional
requirement imposed by a zoning ordinance enacted pursuant to RSA
674:16, the Zoning Board of Adjustment shall hear and decide requests
for an equitable waiver of dimensional requirement under the terms
of this chapter.
(b)
Waivers shall be granted under this section only from physical
layout, mathematical or dimensional requirements, and not from use
restrictions. An equitable waiver granted under this section shall
not be construed as a nonconforming use and shall not exempt future
use, construction, reconstruction or additions to the property from
full compliance with the ordinance. This section shall not be construed
to alter the principle that owners of land are bound by constructive
knowledge of all applicable requirements. This section shall not be
construed to impose upon municipal officials any duty to guarantee
the correctness of plans reviewed by them or property inspected by
them.
(2)
The Zoning Board of Adjustment shall grant an equitable waiver of
dimensional requirement, upon application by and with the burden of
proof upon the property owner, if and only if the following findings
are made:
(a)
The violation was not noticed or discovered by the owner, former
owner, owner's agent or representative or municipal official until
after a structure in violation had been substantially completed or
until after a lot or other division of land in violation had been
subdivided by conveyance to a bona fide purchaser for value;
(b)
That the violation was not an outcome of ignorance of the law
or ordinance, failure to inquire, obfuscation, misrepresentation or
bad faith on the part of any owner, owner's agent or representative
but was instead caused by either a good faith error in measurement
or calculation made by an owner or owner's agent or by an error in
ordinance interpretation or applicability by a municipal official
in the process of issuing a permit over which that official had authority;
(c)
That the physical or dimensional violation does not constitute
a public or private nuisance nor diminish the value of other property
in the area nor interfere with or adversely affect any present or
permissible future uses of any such property; and
(d)
That due to the degree of past construction or investment made
in ignorance of the facts constituting the violation, the cost of
correction so far outweighs any public benefit to be gained that it
would be inequitable to require the violation to be corrected.
(3)
In lieu of the findings required by the Board under Subsection D(2)(a) and (b), the owner may demonstrate to the satisfaction of the Board that the violation existed for 10 years or more and that no enforcement action, including written notice of violation, has been commenced against the violation during that time by the municipality or any person directly affected.