Town of Jackson, NH - Application Instructions and Checklist

IMPORTANT: READ ALL INSTRUCTIONS CAREFULLY BEFORE FILLING OUT APPLICATION

The board strongly recommends that, before making any appeal, you become familiar with the Jackson Zoning Ordinance, and also with the New Hampshire Statutes TITLE LXIV, RSA Chapters 672- 677, covering planning and zoning.

Three types of appeals can be made to the Board of Adjustment:

B. APPEAL FROM AN ADMINISTRATIVE DECISION

D. EQUITABLE WAIVER OF DIMENSIONAL REQUIREMENTS

A. VARIANCES: A variance is an authorization, which may be granted under special circumstances, to use your property in a way that is not permitted under the strict terms of the Zoning Ordinance. For a variance to be legally granted, you must show that your proposed use meets all of the following conditions:

1. The value of the surrounding property will not be diminished. (Jackson Zoning Ordinance Section 15.2.3.5)

2. The variance will not be contrary to the public interest. (Jackson Zoning Ordinance Section 15.2.3.1)

3. Special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship.* (Jackson Zoning Ordinance Section 15.2.3.2)

To establish unnecessary hardship for a use variance, an applicant must prove that:

a. The zoning restriction as applied interferes with a landowner’s reasonable use of the property, considering the unique setting of the property in its environment.

b. No fair and substantial relationship exists between the general purpose of the zoning ordinance and the specific restriction on the property.

c The variance would not injure the public or private rights of others.

To establish unnecessary hardship for an area variance, an applicant must prove that:

a. An area variance is needed to enable the applicant’s proposed use of the property given the special conditions of the property.

b. The benefits sought by the applicant cannot be achieved by some other method reasonably feasible for the applicant to pursue, other than an area variance.

*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 property under similar zoning restrictions. The Board of Adjustment in New Hampshire, Office of Energy and Planning,

4. Substantial justice is done. (Jackson Zoning Ordinance, Section 15.2.3.4)

5 The variance is consistent with the spirit of the ordinance. (Jackson Zoning Ordinance, Section 15.2.3.3)

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.

B. APPEAL FROM AN ADMINISTRATIVE DECISION: If you have been denied a building permit or are affected by some other decision regarding the administration of the Jackson 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.

C. EQUITABLE WAIVER OF DIMENSIONAL REQUIREMENTS: The Board may grant an equitable waiver only for existing dimensional nonconformities provided the applicant can 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.

See Jackson Zoning Ordinance Section 15.2.4 that states:

Waivers shall be granted only from physical layout, mathematical or dimensional requirements. An equitable waiver shall not be construed as a Non-Conforming Use, and shall not exempt future use, construction, reconstruction, or additions on the property from full compliance with the Zoning Ordinance. This Section shall not be construed to impose upon municipal officials any duty to guarantee the correctness of plans reviewed by them.

GENERAL APPLICATION INSTRUCTIONS AND CHECKLIST

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 in a written document signed by the owner.

WHERE is the property located? Show area map with surrounding lots and indicate Tax Lot Number.

DESCRIBE the property. Give area, frontage, side and rear lines, slopes and natural features, etc.

WHAT do you propose to do? Attach sketches, 2 copies of plot plans and construction plans; pictures, 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?

Abutters- Prepare a list of all abutting property owners, and attach it to your application. (RSA 672:3) If you have any difficulty, consult the town office staff but the accuracy of the list is your responsibility.

CHECKLIST OF INFORMATION TO BE INCLUDED IN APPLICATION PACKAGE:

List of Abutters, including addresses and TAX LOT Number.

Written document from property owner if different from applicant

Copy of all correspondence from administrative officer, or board regarding property

Minutes of any meeting with administrative officer or board regarding property

Copy of all correspondence and information from any state agency pertinent to appeal

2 Copies of plot plan and construction plans

Copy of any pictures or other documents to help explain proposed use

Copy of any prior applications concerning this property

FEE – Check made out to Town of Jackson

Mail or deliver the completed application, with all attachments to Chairman, Jackson Board of Adjustment, PO Box 268, Jackson, NH, 03846 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 Town of Jackson~and remit with your application. The application is not accepted until approved as complete by the Board.

Property Stakes and Site Visits – The applicant should stake out pertinent boundary lines and proposed building dimensions so that ZBA members can visit the site and properly review and decide on your application.

The Board will schedule a public hearing within 30 days of receipt of your properly-completed application. (RSA 676:7 II states- The public hearing shall be held within 30 days of the receipt of the notice of appeal.) Public notice of the hearing will be posted in 2 places 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 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.

IMPORTANT NOTICE – Board of Adjustment By-Laws state that information from the applicant and/or his representatives must be provided to the Board no less than 7 calendar days prior to the date of the public hearing.

REHEARINGS-If you believe a Board of Adjustment decision is wrong, you have the right to appeal. The Board of Selectmen, any party to the action, 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 and should be sent to: Chairman, Jackson Board of Adjustment, PO Box 268, Jackson, NH, 03846. The motion must be made within 30 days of the decision counted in calendar days beginning with the date following the date upon which the Board voted to approve or disapprove the application. The letter must set forth the grounds on which it is claimed the decision is unlawful or unreasonable.

(RSA 677:2 states – Within 30 days after any order or decision of the zoning board of adjustment, or any decision of the local legislative body or a board of appeals in regard to its zoning, the selectmen, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order, specifying in the motion for rehearing the ground therefore; and the board of adjustment, a board of appeals or the local legislative body, may grant such rehearing if in its opinion good reason therefore is stated in the motion. – see RSA for additional details.)

The Board of Adjustment has 30 days from the filing of a request for a rehearing to either grant or deny such request (RSA 677:3)

The reasons for granting a rehearing should be compelling ones. A person has a right to apply for a rehearing but the Board is not required to grant the rehearing and should use its judgment in deciding whether justice will be served by doing so. The Board may grant 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.

However, a rehearing should be seriously considered if the moving party is persuasive that the Board has made a mistake. The NH court has ruled “The rehearing process is designed to afford local zoning boards of adjustment an opportunity to correct their mistakes before appeals are filed with the courts”. (Bourassa v. Keen, 1967)

COURT APPEALS -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 notice and notice to abutters.

See RSA Chapter 677 for more details on rehearing and appeal procedures.

JACKSON FEE SCHEDULE and LIST OF ABUTTERS – all fees as listed below and discussed in the Jackson Board of Adjustment By-Laws must accompany any application. The Board shall reject any petition/application not properly or completely filled out. An application for appeal shall not be considered filed with or received by the Board unless it is accompanied by the required fee and the list of abutters as defined by RSA 672:3. An application submitted without the list shall be deemed incomplete and no action shall be taken.

Pertaining to River Conservation District - $250

All other appeals - $75