The document contained herin is not the original document, but a faithful replication.
For official copies, contact or visit the Jackson Town Offices.
SECTION 15: ZONING BOARD OF ADJUSTMENT
15.1 A Zoning Board of Adjustment shall be appointed by the Selectmen consisting of five (5) members. The Board membership, including length of term, alternates and vacancies, and its organization, shall be consistent with the state law (RSA 672 and 673.) The Board shall have the duties and powers as provided by RSA 674:33.
15.2 Specifically, the Zoning Board of Adjustment is authorized to:
15.2.1 Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Selectmen or the Building Inspector in enforcement of this Ordinance;
15.2.2 Hear and decide Special Exceptions to the terms of this Ordinance upon which the Board of Adjustment is re-quired to pass as provided herein; and
15.2.3 Hear and decide upon variance requests where the Board finds that all of the following conditions apply: (15.2.3 amended in its entirety 3/8/2005)
15.2.3.1 The variance will not be contrary to the public interest.
15.2.3.2 Special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship.
1) To establish an 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.
2) To establish an 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.
15.2.3.3 The variance is consistent with the spirit of the ordinance.
15.2.3.4 Substantial justice is done.
15.2.3.5 The value of the surrounding property will not be diminished.
15.2.3.6 The specific variance is the minimum variance necessary for a reasonable use of the land or structure.
15.2.4 Determine an Equitable Waiver of Dimensional Requirement (added 3/9/2004)
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.
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