Land development often involves balancing local zoning rules with project goals. In New Hampshire, developers seeking to use land in ways that don’t conform to existing zoning regulations must obtain a variance.
This process can be challenging, but understanding the requirements can help developers succeed.
Understanding variances
A variance allows a property owner to deviate from local zoning ordinances under certain conditions. In New Hampshire, the Zoning Board of Adjustment (ZBA) reviews variance requests. Developers must demonstrate that their proposed use meets specific legal criteria to qualify for approval.
Meeting the five criteria
To secure a variance, developers must satisfy five criteria under New Hampshire law:
- The variance will not harm the public interest.
- The proposed use aligns with the spirit of the ordinance.
- Substantial justice will result from granting the variance.
- The variance will not diminish surrounding property values.
- Denying the variance would cause unnecessary hardship due to unique property conditions.
Each criterion requires detailed evidence and justification. For example, developers may need to show how their project benefits the community or mitigates potential negative effects.
Preparing the application
Developers should prepare a comprehensive variance application. This includes detailed site plans, descriptions of the proposed use, and evidence supporting the five criteria. In New Hampshire, applications must also address local zoning board procedures, such as submission deadlines and public notice requirements.
Engaging with stakeholders
Gaining community and stakeholder support can strengthen a variance request. Developers should engage with neighbors, local officials, and planning staff early in the process to address concerns and build trust.
Staying informed and adaptable
Working through the variance process requires persistence and attention to detail. Developers should stay informed about zoning changes and adapt their proposals as needed. Successfully obtaining a variance can allow for innovative projects while respecting local regulations and community needs.