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Old 11-24-2017, 07:35 AM   #54
TiltonBB
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Default Requirements for ZBA approval

The Laconia Zoning Board of Adjustment does a good job making decisions that are sometimes controversial and unpopular. They cannot just say "yes" because some proposal seems like a good idea.

There is a specific list of requirements that have to be met to grant a variance. The list is below. It should be noted that ALL of the 5 listed have to be met to grant a variance.

(1) The variance will not be contrary to the public interest; AND
(2) The spirit of the ordinance is observed; AND
(3) Substantial justice is done; AND
(4) The value of surrounding properties are not diminished; AND
(5) Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.
(A) For purposes of this subparagraph, “unnecessary hardship” means that, owing to special conditions
of the property that distinguish it from other properties in the area:
i. No fair and substantial relationship exists between the general public purposes of
the ordinance provision and the specific application of that provision to the
property; and
ii. The proposed use is a reasonable use. OR
(B) If the criteria in subparagraph (A) are not established, an unnecessary hardship will be deemed to
exist if, and only if, owning to special conditions of the property that distinguish it from other
properties in the area, the property cannot be reasonably used in strict conformance with the
ordinance, and a variance is therefore necessary to enable a reasonable use of it.
The definition of “unnecessary hardship” set forth in subparagraph (5) shall apply whether the provision of the
ordinance from which a variance is sought is a restriction on use, a dimensional or other limitation on a
permitted use, or any other requirement of the ordinance.

Last edited by TiltonBB; 11-24-2017 at 10:37 AM.
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