Whether you’re planning to build a dream home, add an extension to your existing property, or embark on a commercial project in New Hampshire, you may find yourself facing the sometimes daunting task of obtaining a variance and other necessary approvals from your town or city. Understanding the process, the players involved, and the potential challenges can make all the difference in successfully securing the approvals you need. In this blog post, I’ll provide a comprehensive guide to the variance process and obtaining town approvals in the Granite State.
- What is a Variance and Why Do You Need One?
A variance is a type of relief granted by a local zoning board of adjustment (ZBA) that allows a property owner to deviate from specific zoning regulations. Variances are typically necessary when a proposed project does not meet certain requirements, such as setback distances, height restrictions, or other regulations.
- Understanding Zoning Regulations in New Hampshire:
Before diving into the variance process, it’s essential to familiarize yourself with New Hampshire’s zoning regulations. Each municipality is responsible for developing and enforcing its own zoning ordinances. These regulations dictate how land within the town or city can be used and help maintain the character and integrity of the community.
- Determining if a Variance is Required:
To determine if your project requires a variance, start by reviewing your town’s zoning ordinance and identifying the specific regulations that apply to your property. Consult with local officials or a land use attorney to confirm whether your project complies with these regulations, and if not, what type of variance you may need.
- The Variance Application Process:
Once you’ve determined that you need a variance, follow these steps to navigate the application process:
a. Obtain Application Materials: Visit your town or city’s website or office to obtain the necessary variance application materials. These may include application forms, checklists, and instructions on what documentation is required.
b. Prepare Your Application: Carefully complete the application, ensuring you provide all the necessary information and supporting documents, such as a site plan, building plans, photographs, and a written statement explaining the reasons for your variance request.
c. Submit Your Application: Submit your completed application, along with any required fees, to the town or city office. Be prepared for the review process, which can take several weeks or months, depending on the complexity of your project and the local ZBA’s schedule.
- Public Hearing and ZBA Review:
Once your application is submitted, the ZBA will schedule a public hearing to review your variance request. This hearing provides an opportunity for you to present your case and for neighbors and other interested parties to express their support or concerns.
a. Notification: Prior to the public hearing, the ZBA will notify abutters and other interested parties of the hearing date, time, and location. This notification process is typically outlined in the town’s zoning ordinance and may include mailing notices, posting in local newspapers, and displaying public announcements at town offices.
b. Prepare Your Presentation: To make a compelling case for your variance, develop a concise and well-organized presentation. Be prepared to address the criteria outlined in the New Hampshire Revised Statutes Annotated (RSA) 674:33, which requires applicants to demonstrate:
i. Unnecessary Hardship: Explain how the strict application of the zoning ordinance would result in unnecessary hardship, considering the unique conditions of your property. ii. Public Interest: Show that granting the variance will not be contrary to the public interest, and will not adversely affect the public health, safety, or welfare. iii. Spirit of the Ordinance: Demonstrate that your variance request is consistent with the intent and purpose of the zoning ordinance.
iv. Substantial Justice: Argue that granting the variance will not cause harm to the general public or other individuals that would outweigh the benefit to you. v. Diminished Value: Establish that the zoning ordinance’s strict application would significantly diminish the value of your property.
c. Attend the Public Hearing: Present your case to the ZBA during the public hearing, addressing each of the above criteria. Be prepared to answer questions from the board members and respond to any concerns raised by abutters or other interested parties.
- ZBA Decision and Next Steps:
After the public hearing, the ZBA will deliberate and make a decision on your variance request. They may approve, deny, or request additional information or modifications to your proposal.
a. Approval: If your variance is approved, the ZBA will issue a written decision outlining the terms and conditions of the variance. You may then proceed with obtaining any additional necessary permits and approvals, such as building permits or site plan approvals.
b. Denial: If your variance is denied, you have the option to appeal the decision to the New Hampshire Superior Court within 30 days of the ZBA’s decision. Consult with a land use attorney to determine the best course of action.
- Additional Town Approvals:
Depending on your project’s scope and location, you may need to obtain additional town or city approvals, such as:
a. Site Plan Review: If your project involves new construction or significant modifications to an existing structure, you may need to submit a site plan for review by the local planning board.
b. Wetlands Permits: If your project is located near wetlands or other sensitive environmental areas, you may need to obtain permits from the local conservation commission.
c. Building Permits: After obtaining a variance and other necessary approvals, you will need to secure a building permit from the local building department before starting construction.
- Staying Compliant:
Once you have obtained all necessary approvals, ensure you remain compliant with the terms and conditions of your variance and other permits throughout the construction process. Regularly consult with local officials to address any questions or concerns that may arise.
Conclusion:
Obtaining a variance and town approvals in New Hampshire can be a complex and time-consuming process. However, with a thorough understanding of the local zoning regulations, careful preparation of your application, and persistence throughout the review process, you can successfully navigate the variance maze and bring your project to life. Remember to engage with local officials, neighbors, and other stakeholders to address concerns and build support for your proposal, ensuring a smoother and more successful outcome.
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