How can I appeal a zoning board of Appeal decision?
Applicants can appeal this denial to the Zoning Board of Appeal, which has the authority to hold public hearings and grant relief from strict compliance with the Code. Below is a list of applicants who were recently granted relief by the Zoning Board of Appeal.
How to appeal ZBA and Planning Board decisions?
arguments to the Board, which you feel the Board ignored, write a post decision letter to the Board repeating the argument and enclosing the case. The Board will not likely reconsider its decision on its own motion but it will be there for the Superior Court to see.
Can a Planning Board be forced to reconsider a decision?
There is no process under the state enabling legislation whereby a Planning Board can be forced to reconsider its decision, so if you have lost, you have 30 days in which to perfect an appeal to the Superior Court under RSA 677:15,I.
What to do if planning board votes to deny?
At the Planning Board level, when faced with a vote to deny in the early stages of review, one can often ask the matter be continued to another day, and, in the meantime consult with one’s lawyer, or bring the lawyer and perhaps solve the problem, or at least be sure the matter is “preserved” as the courts say, for review at a higher level.
What is a zoning appeal?
The Zoning Board of Appeals is designed to function as a ”safety valve” to relieve the pressure of rigid and inflexible provisions of zoning codes and statutes and encompasses the power, if an appeal is properly taken to the board, to interpret the zoning ordinance or local law and to grant variances.
What is the definition of Zoning Board?
zoning board – a board of officials who divide an area into zones that are subject to different restrictions. board – a committee having supervisory powers; “the board has seven members”.
What is a land use variance?
A use variance is a variance that authorizes a land use not normally permitted by the zoning ordinance. Such a variance has much in common with a special-use permit (sometimes known as a conditional use permit). Some municipalities do not offer this process, opting to handle such situations under special use permits instead.