ARTICLE 10. ZONING BOARD OF ADJUSTMENT
10.1 Term, Membership, Authority, and Duties
10.1 Term, Membership, Authority, and Duties – In conformance with RSA 673:1 IV, the Board of Selectmen shall appoint a Board of Adjustment consisting of five (5) members and up to five (5) alternates, whose qualifications, duties, and organization shall conform to provisions of RSA 673:3 through RSA 673:17.
The present members and alternate members, and persons appointed by the Selectmen to fill any present unexpired terms should vacancies occur, shall continue to serve until the present terms expire. Thereafter, the Selectmen shall appoint members and alternate members of the Zoning Board of Adjustment for three (3) year terms in conformance with RSA 673:5.
10.2 Powers – The Board of Adjustment shall have the powers assigned to it by RSA 674:33 and any other powers assigned to it by ordinance or by vote of the town meeting.
10.2.1 Administrative Appeal – The Board shall hear and decide appeals if it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance. In exercising its powers, the Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order or decision as ought to be made and, to that end, shall have all of the powers of the administrative official from whom the appeal is taken.
(a) Appeals may be taken by any aggrieved party and in such manner as prescribed in RSA 676:5 and by the rules of the Gilford Board of Adjustment.
(b) The “administrative officer” means any official or board who, in that municipality, has responsibility for issuing permits or certificates under the ordinance, or for enforcing the ordinance, and may include a building inspector, board of selectmen, or other official or board with such responsibility.
(c) A “decision of the administrative officer” includes any decision involving construction, interpretation, or application of the terms of the ordinance. It does not include a discretionary decision to commence formal or informal enforcement proceedings, but does include any construction, interpretation or application of the terms of the ordinance which is implicated in such enforcement proceedings.
10.2.2 Special Exceptions – The Board shall hear and decide appeals for special exceptions to the terms of this ordinance, and shall grant such appeals in appropriate cases subject to the conditions and safeguards set forth in Article 11, Special Exceptions, of this ordinance.
10.2.3 Variances – The Board shall hear and decide appeals for variances from the terms of this ordinance. A variance is a setting aside of certain terms of this ordinance in a specific case, and shall be granted only for special circumstances under conditions prescribed by law. Variances are further described in Article 12, Variances.
10.2.4 Zoning Ordinance Interpretation – The Zoning Board of Adjustment, upon request, may make interpretations of this ordinance in keeping with the purpose and intent. The Zoning Board of Adjustment is the final town authority in interpretation of this ordinance.
10.3 Procedures – The Board of Adjustment procedures shall conform to the provisions of RSA 676 and this ordinance.
10.3.1 Bylaws – The Board of Adjustment shall adopt rules governing its proceedings pursuant to requirements of RSA 676:1.
10.3.2 Joint Meetings – The Board of Adjustment may hold joint meetings with the Planning Board, Historic District Commission, or the Building Official, as provided in RSA 676:2.
10.3.3 Meetings And Hearings – Meetings of the Board of Adjustment and public hearings on appeals being heard by the Board, shall be held as required by the bylaws of the Board. The concurring vote of three (3) members shall be necessary to decide in favor of any appeal or to reverse any action appealed from (RSA 674:33 III.) Notice of public hearing shall be given at least five (5) days before the hearing date, by certified mail to the appellant and every abutter and by placing notice in a newspaper of general circulation, as required by RSA 676:5, and also be provided to the Board of Selectmen, Planning Board, Conservation Commission, Historic District Commission, Department of Public Works, Town Appraiser, and Building Official. Cost of giving notice shall be borne
by the appellant under terms set by the Selectmen.
10.3.4 Notice Of Decision – The Board shall issue a final written decision on each appeal heard. If the appeal is not approved, the decision shall state the reasons for disapproval (RSA 676:3 I.) The decision shall be placed on file with the Town Clerk and made available for public inspection within seventy_two (72) hours after it is made (RSA 676:3 II.) In addition, notice shall be given to the appellant, Board of Selectmen, Planning Board, Conservation Commission, Historic District Commission, Department of Public Works, Town Appraiser, and Building Official, and any others notified of the public hearing.
10.3.5 Board As An Entity – The Board is a single entity and thus a vote of the Board is binding on all members. Votes for rehearings or other subsequent actions do not need to be made by the same board members who participated in the original action.
10.4 Rehearing and Appeal Procedures – Rehearing and appeal procedures shall be as set forth in RSA 677.
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