Raymond City Zoning Code
ARTICLE 9
Zoning Board of Adjustment
§ 197-9.1 Makeup and authority.
A five-person Zoning Board of Adjustment and up to five alternates shall be appointed by the Board of Selectmen as provided by NH RSA 673:3, as may be amended from time to time. Pursuant to RSA 674:33 and 674:33-a, as may be amended from time to time, the Zoning Board of Adjustment shall have the power to:
§ 197-9.2 Criteria for special exceptions. (03/2014)
9.2.1.
When applying to the Zoning Board of Adjustment for a special exception, the applicant shall first submit a completed application stating the reasons for granting thereof. If it is determined by staff that the application will also be subject to site plan review with the Raymond Planning Board, then the applicant will be encouraged to also file the required site plan review application and request, in writing, a joint meeting with both the Zoning Board of Adjustment and the Planning Board per NH RSA 676:2. If the request for a joint meeting is granted by both boards, then a joint meeting shall be scheduled within 30 days of the date the application was initially received. If the request for a joint meeting is denied, then a public hearing with the Zoning Board of Adjustment shall be scheduled within 30 days of the date the application was initially received.
9.2.2.
In order for the Zoning Board of Adjustment to grant a special exception, it must find that all of the following requirements and any other specific applicable requirements as set forth in this ordinance are met:
9.2.2.1.
The specific site is an appropriate location for the proposed use or structure.
9.2.2.2.
Considering the zoning designation of the proposed location, a proposed use will not unreasonably impact the quality of life, character, or public health, safety and welfare of the area. (3/2017)
9.2.2.3.
The proposed use will not create an undue nuisance or hazard to vehicles or pedestrians.
9.2.2.4.
Adequate and appropriate facilities and utilities will be provided for the proper operation of the proposed use.
9.2.2.5.
The proposed use will not result in unmitigated additional municipal expense.
§ 197-9.3 Criteria for variances. (03/2010)
Before authorizing a variance from the ordinance, the Board of Adjustment shall find that the five following conditions as set forth by RSA 674:33, I(b), as may be amended from time to time, have been met:
9.3.1.
The variance will not be contrary to the public interest;
9.3.2.
The spirit of the ordinance is observed;
9.3.3.
Substantial justice is done;
9.3.4.
The values of surrounding properties are not diminished; and
9.3.5.
Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.
§ 197-9.4 Criteria for equitable waivers of dimensional requirements. (03/2010)
Pursuant to RSA 674:33-a, as may be amended from time to time, the Zoning Board of Adjustment may grant an equitable waiver of dimensional requirements, provided that the Zoning Board of Adjustment makes findings that the provisions of RSA 674:33-a are met. Alternatively, the ZBA may grant an equitable waiver under RSA 674:33-a, as amended from time to time, from a physical layout or dimensional requirement if the owner of the property in violation demonstrates to the satisfaction of the Board that the violation existed for the period of time set forth in the statute and that no enforcement action, including written notice of violation, has been commenced against the violation during that time by the Town of Raymond or any person directly affected.
§ 197-9.5 Limits of approvals of special exceptions and variances. (03/2010)
9.5.1.
Purpose. The purpose of this provision is to provide a reasonable time limitation on an approval by the Zoning Board of Adjustment (ZBA) of any relief granted pursuant to an application before it for a variance or special exception. Recognizing that changes in the ordinances and/or conditions in the neighborhood may conflict with a prior approval that has not been implemented within a reasonable time thereafter, it is in the public interest to require improvements for which said variance or special Exception shall have been granted be substantially completed within the time period set forth in Subsection 9.5.2 below. Failure to do so within this designated time period will result in the approval becoming null and void without further action of the Zoning Board of Adjustment. Thereafter, any site development or use of the property will be subject to all state and Town land use regulations then in effect.
9.5.2.
All approvals for variances or special exceptions shall only be valid for a period of four years from the date such approval was granted; provided, however, that upon substantial completion of any improvements, modifications, alterations or other changes in the property for which said approval was granted, the rights of the owner or any successor in interest shall vest.
9.5.3.
An applicant whose approval will otherwise lapse may apply to the Zoning Board of Adjustment for an extension of time to substantially complete the improvement for which relief was granted. The Zoning Board may grant a reasonable extension of time to the applicant following a duly noticed public hearing and upon a showing of good cause. "Good cause" shall mean any reasonable explanation for delay in completion of the improvements for which the relief from the ordinance or approval of special exception was granted. The Zoning Board shall make a specific finding of the basis for its decision to grant the extension.