2. Please
attach to your appeal application a copy of the original application that you
made to either the Building Inspector or the Planning Board with their
decision. Also include all pertinent
information that was attached to that first application (i.e. Plans, drawings,
maps, survey, etc.)
3. The
Zoning Board of Appeals will schedule a hearing within sixty (60) days of the
filing of the application for appeal.
The Zoning Board of Appeals must receive the application and check for
the filing fee at least twenty-one (21) calendar days prior to a scheduled
meeting. Meetings are normally held on
the first Thursday of the month.
4. The
application must include the property tax map number or a full address, which
will allow positive identification of the parcel.
5. Please
remember the Board of Appeals will consider the following in granting:
a. The Use
Variance
i.
That the land, property, structure, or building in
question cannot yield a reasonable economic return if used only for a purpose
allowed in the zone; and
ii.
That the need for a variance was not caused by the
applicant; and
iii.
That the use to be authorized by the variance shall not
alter the essential character of the neighborhood, nor depreciate aesthetic or
property values of the locality; and
iv.
That the plight of the owner is due to the unique
circumstances, which may reflect the unreasonable uses of the zoning law itself.
b. The Area
Variance
i.
Whether the applicant has shown it will suffer significant
economic injury if the variance is not granted;
ii.
Whether the variance sought is of large magnitude with
regards to the impact on the character of the neighborhood
iii.
Whether the difficulty alleged was created by the
applicant;
iv.
Whether the difficulty alleged may be avoided by some
other means than a variance;
v.
Whether the interest of justice will be served in granting
the variance.
c. Change
of Non- Conforming Use
The
Board of Appeals is authorized to decide whether such change of use is as
conforming or more conforming to the character of the neighborhood and zone
district in which it is located as compared to the current nonconforming
use.
d. Attach Certified Check or Money
Order for the proper fee.
Commercial/
Industrial/Manufacturing Appeals $150.00
All other
Appeals $ 75.00
It is
recommended that the applicant, or a representative be present at the
hearing.