672:3 Abutter. – "Abutter'' means any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration by the local land use board.
674:32-c Other General Provisions. — The tilling of soil and the growing and harvesting of crops and horticultural commodities, as a primary or accessory use, shall not be prohibited in any district.
This application is to be completed by anyone requesting an Appeal of Administrative Decision from the ZBA.
If the Planning and Zoning Administrator issues an order to you to stop a certain land use activity or to fix a problem related to another violation of the zoning ordinance then you have the right to appeal that order.
Any person or any municipal department aggrieved by a decision of the Planning and Zoning Administrator may appeal such decision to the Board of Adjustment.
An appeal of the action of the Zoning Board of Adjustment. If the board determines they will rehear the application, then the application fee is $100.00 plus $6.70 for each abutter.
In order to be eligible for a variance you must demonstrate that you meet several criteria which have been established by the State Legislature. You will need a variance when your project [for example an addition to your house or the construction of a new commercial building] do not conform to the provisions of the zoning ordinance as far as setback from the lot line, minimum lot size, a non-permitted use, or any other similar requirement.
Generally speaking, the variance criteria are:
- The variance will not be contrary to the public interest;
- The spirit of the ordinance is observed;
- Substantial justice is done;
- The values of surrounding properties are not diminished; and
- Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.
Sounds confusing? It can be. Before you fill out and submit an application form it is suggested that you contact the office to discuss you project. We can help explain the criteria and give you some guidance on how to best respond to the questions.
This is a pretty specialized type of application that is not that common. It applies to a structure that is already constructed and which does not meet the setback requirements. There are specific criteria that must be met to be eligible for an approval of an application. These criteria are outlined in the application form.
Again, it is a good idea to contact the Planning Office to talk about the specifics of your situation.
Minor home occupations include, and are similar to but not limited to, professional offices such as accountants, attorneys, and mental health providers, business or computer consultants, seamstresses, tax preparers, appraisers, architects, secretarial services providers, seasonal sales of agricultural products, and music teachers.
Certain uses might be allowed in a specific zoning district but only if certain conditions and criteria [see Section 305-4 of the Zoning Ordinance] are satisfied. The conditions help prevent a use from having a negative impact on the surrounding neighborhood. The Special Exception uses are outlined in Section 305-13 [the “Use Table”] in the Ordinance.
Certain uses and activities such as home occupation or bed and breakfasts have some additional conditions and criteria which must be satisfied.
As mentioned elsewhere, you can contact the Planning Office to talk about your Special Exception application; we can help you navigate the process and answer your questions.