zoning by-laws

Zoning Rules that Provide Limitations and Restrictions on the Manner of Using Travel Trailers Interpreted to Permit Short-term Rental of Such Trailers

The Hoekstras own a single-family home in the residential district in Sunapee and maintain a travel trailer on their property they use as a short-term rental.  The town’s zoning administrator notified the Hoekstras the use of the travel trailer as a short-term rental was prohibited under the local zoning provision that states that any use not specifically permitted is prohibited.  The Hoekstras appealed that determination to the Sunapee ZBA which upheld the zoning determination.  The Housing Appeals Board upheld the decision of the ZBA. 

Failure to Timely File a Housing Appeals Board Appeal does not Preclude Proceeding with a Timely Appeal to the ZBA since the HAB Appeal would be Premature Before the ZBA had the Opportunity to Rule on the Zoning Questions

Newfound Serenity was denied site plan approval by the Hebron Planning Board for a seasonal recreational vehicle park and Newfound appealed that denial to both the Housing Appeals Board and the Hebron ZBA.   The appeal to the HAB was dismissed as being untimely (a dismissal that Newfound did not appeal), but the appeal to ZBA was timely and the ZBA overturned four of the Planning Board’s reasons for denying the site plan but upheld one reason and declined to address two other reasons for lack of statutory authority.  Newfound then appealed the ZBA decision to the Superior Cou

Municipalities Can Receive Attorney’s Fees and Costs under RSA 676:17, II in Cases Where They Prevail in Enforcing the Municipal Zoning Ordinance Through Injunction

On two lots on opposite sides of Roller Coaster Road in Laconia, Robert Kjellander stores property that the City of Laconia had defined as “scrap” and “junk.” On the property were over 50 motor vehicles, over 30 boats, farm equipment, a coal stove, trailers of wood, and “vegetation growing in and around” other belongings. The City determined this was a nonconforming “junkyard,” which was not allowed in the district according to the Laconia zoning ordinance.

New Hampshire Supreme Court Affirms that Zoning Boards Cannot Factor Anticipated Future Noncompliance with Zoning Laws into its Decisions, Even if an Applicant has Previously Violated the Zoning Ordinance at Other Properties

In 2020, property owner J&R Realty Trust submitted a site plan application to the Town of Plaistow regarding a 1.18-acre lot in the town’s “Commercial 1” zoning district. The plan showed an existing building to be razed and replaced with a two-story, 2,200-square-foot office building and one-and-a-half-story, 3,400-square-foot warehouse for use under lease by a home improvement business involved in the sale, service, and installation of windows, siding, roofing, decks, and gutters.

NH Supreme Court Reverses Superior Court’s Decision Upholding Conditions Placed on Church’s Special Exception Regarding Occupancy & Hours of Operation; Affirms Superior Court’s Decision to Dismiss Constitutional Claims and Grant Wetlands Special Exception

The Christ Redeemer Church (Church) in Hanover purchased a set of lots on a two-lane road with a thirty-mile-per-hour speed limit and roughly 3,100-vehicle daily traffic and in 2018 applied to Hanover’s Zoning Board of Adjustments (ZBA) for special exceptions from the town’s zoning ordinance to build a permanent church there (it had previously operated out of rented space at Hanover High School).

When Overturning a ZBA Decision the Matter Does Not Have to be Remanded to the ZBA if the Record is Sufficient to Permit Reviewing Court or Board to Render a Final Decision as a Matter of Law

Ronald and Ellen Campbell (Campbells) applied for and received dimensional variances from the Pelham ZBA.  These variances allowed construction on a lot with 6,680 square feet where 43,560 square feet were required, a 50-foot frontage where 200 feet were required and eight-foot setbacks where 15-foot setbacks were required.  Because the parcel only had frontage on a private road the ZBA decision noted the Campbells needed Select Board approval for a building permit after comment by the Planning Board as required by RSA 674:41.    

Equivocal Public Safety Evidence Did Not Support Denial of a Variance on the Issue of Public Safety

46 Martin Road LLC (hereinafter Martin Road) applied for and received four variances and one special permit for a 315 rental unit project, but was denied a fifth variance for the height of the proposed structure.  Martin Road sought a variance to build a three-story structure where Epping’s zoning ordinance only permitted two habitable stories. The Epping ZBA’s notice of decision stated the request for three habitable stories was denied and referred to the Board’s public meeting minutes for specific details.