Purpose:
The role of the Kingston Zoning Board of Adjustment (ZBA) is to review applications
for zoning variances, special exceptions, equitable waiver of dimensional
requirements and hearing appeals from the decisions made by administration
officials.
Organization: The board
consists of five members and may have up to five alternates. Member’s terms
are for three years. Currently the Board of Selectmen appoint the members
and alternates. Effective in 2008 the ZBA will be elected. The board has a
chairperson and vice chairperson that are elected annually by their members.
Powers of the ZBA: The
powers of the ZBA are defined in RSA 674: 33. The board has the authority to
rule on four areas related to the town’s zoning. They are as follows.
Appeal from an administrative decision:
the ZBA can hear cases where a claim is made that the administrative officer
has incorrectly interpreted the terms of the zoning ordinance.
SPECIAL EXCEPTIONS: a special exception is a specific
permitted land use that is allowed when clearly defined criteria and
conditions contained in the ordinance are met. All criteria must be
determined by the ZBA to be met in order for the ZBA to grant a special
Exception.
VARIANCES: a variance is a waiver or
relaxation of particular requirements of an ordinance when strict
enforcement would cause undue hardship because of circumstances unique to
the property. The applicant seeking a variance must be able to meet all
five of the variance criteria. The five criteria are:
- No decrease in value of surrounding properties
would be suffered.
- Granting the variance must not be
contrary to the public interest.
- Denial of the variance would result in
unnecessary hardship to the owner seeking it.
- By granting the variance substantial
justice would be done.
- The use must not be contrary to the
spirit and intent of the ordinance.
See “Annotations” of RSA 674:33 for more details of these
criteria.
EQUITABLE WAIVER OF DIMENSIONAL REQUIREMENTS:
The ZBA is allowed to
rule on cases where, for example, a house has been improperly sited and
slightly encroaches on a setback area. However, severe restrictions and
conditions apply.
An applicant applying under this appeal should read RSA 674:33a carefully.
Procedure:
Any person that seeks a zoning decision from the ZBA must fill out an
application, prepare a list of all
abutters to the property affected by the application, and pay the required
fee. All appeals to the ZBA require a public hearing be held. The applicant,
upon submission of the required documents will be noticed of the hearing
date, as will all abutters. The requirement for the public hearing is
outlined in RSA 676:7 below.
676:7 Public Hearing; Notice. –
I. Prior to exercising its appeals powers, the board of adjustment shall
hold a public hearing. Notice of the public hearing shall be given as
follows:
(a) The appellant and every abutter and holder of conservation,
preservation, or agricultural preservation restrictions shall be notified of
the hearing by certified mail stating the time and place of the hearing, and
such notice shall be given not less than 5 days before the date fixed for
the hearing of the appeal. The board shall hear all abutters and holders of
conservation, preservation, or agricultural preservation restrictions
desiring to submit testimony and all nonabutters who can demonstrate that
they are affected directly by the proposal under consideration. The board
may hear such other persons as it deems appropriate.
(b) A public notice of the hearing shall be placed in a newspaper of
general circulation in the area not less than 5 days before the date fixed
for the hearing of the appeal.
II. The public hearing shall be held within 30 days of the receipt of
the notice of appeal.
III. Any party may appear in person or by the party's agent or attorney
at the hearing of an appeal.
IV. The cost of notice, whether mailed, posted, or published, shall be
paid in advance by the applicant. Failure to pay such costs shall constitute
valid grounds for the board to terminate further consideration and to deny
the appeal without public hearing.
