ARTICLE 12. VARIANCES
12.1 Specific Requirements
A variance is a relaxation or setting aside, in a specific case, of certain specified terms of this ordinance. In accordance with RSA 674:33 I (b), the Board of Adjustment may grant in specific cases, such variances as will not be contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.
12.1 Specific Requirements – The Board of Adjustment may authorize a variance where it finds that the following conditions apply:
(a) The proposed use will not diminish surrounding property values.
(b) Granting the variance will be in the public interest.
(c) The use will not be contrary to the spirit of the ordinance.
(d) By granting the variance substantial justice will be done.
(e) Denial of a variance would result in unnecessary hardship to the owner.
12.2 Application – Before applying for a variance, appellant shall submit to the Board of Adjustment a determination that the proposed use is not permitted without a variance. This determination may take any of the following forms:
(a) Denial of jurisdiction from the Planning Board on any matter which requires site plan or subdivision approval.
(b) Building permit denial on any matter which does not require Planning Board approval.
(c) Letter of denial from the Board of Selectmen, Historic District Commission, or other Town board or official on matters under their jurisdiction.
Upon acceptance of the completed application by the Board of Adjustment, a public hearing will be scheduled. The process shall follow the standards in Article 10, Zoning Board of Adjustment, of this ordinance.
12.3 Application Disposition – The Zoning Board of Adjustment may approve, approve with conditions, or deny applications for variances, following procedures in Article 10, Zoning Board of Adjustment, of this ordinance.
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