(A)

Application. An application for relief from the literal requirements of this ordinance may be made by filing an application with the required supporting information in the office of the zoning enforcement officer, or, if the application is filed concurrently with an application for land development project approval, in the office of the administrative officer. The form for a use variance and the form for a dimensional variance are appendices to this ordinance and are incorporated herein and made a part of this ordinance.

The zoning enforcement officer or the administrative officer has the authority to waive submission of supporting information at the request of the applicant, provided, however, that the zoning board of review or the planning board has the authority to require submission of any information for which submission was initially waived. If the zoning enforcement officer or the administrative officer denies a waiver request, the applicant has the right to appear before the zoning board of review or the planning board to request the waiver.

Upon receipt of the complete application, the zoning enforcement officer or administrative officer shall immediately schedule a public hearing. If the zoning board of review will hear the application, a copy shall be transmitted to the planning board.

(B)

Planning board recommendations. The zoning board may request that the planning board or the town planner provide a written statement on the general consistency of the application with the goals and purposes of the comprehensive plan within thirty (30) days.

(C)

Notice and hearing. The zoning board shall hold a public hearing on the applicationin an expeditious manner and shall give notice of the public hearing at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in Hopkinton. The notice shall include the applicant's name and address and the street address and plat and lot number of the subject property, and shall describe the relief sought. The notice shall state the date, time, and location of the public hearing. The applicant shall pay the cost of the advertisement. At least fourteen (14) days before the date of the public hearing, the clerk of the zoning board of review shall send notice of the public hearing by first class mail to the applicant and to:

(1)

The owners of property within two hundred (200) feet of the property that is the subject of the application, whether located in Hopkinton or an adjacent town.

(2)

The town council of any town adjacent to Hopkinton, if the subject property is located within two hundred (200) feet of the boundary of that town.

(3)

Any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application.

The applicant shall pay the cost of the postage. At least fourteen (14) days before the date of the public hearing, the notice shall be posted in the town clerk's office, in one (1) other municipal building, and on the home page of the town's website.

(D)

In granting a variance, the zoning board shall require that evidence satisfying the following standards be entered into the record of the proceedings:

(1)

That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant except for those disabilities covered by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq.

(2)

That the hardship is not the result of any prior action of the applicant.

(3)

That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan upon which this ordinance is based.

(E)

The zoning board shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

(1)

In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance.

(2)

In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, which shall mean that the relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

(F)

An applicant may apply for, and be issued, a dimensional variance for a use allowed by special-use permit.

(Ch. 134, § 10, 12-19-94; Ch. 292, §(Exh. E), 12-4-23)