A five-person Zoning Board of Adjustment and up to five alternates
shall be appointed by the Board of Selectmen as provided by New Hampshire
RSA 673:3, as may be amended from time to time. Pursuant to RSA 674:33
and 674:33-a, as may be amended from time to time, the Zoning Board
of Adjustment shall have the power to:
A. Review and decide on alleged error in administrative finding or decision;
B. Review and decide on a special exception request;
C. Review and decide on a variance request; and
D. Review and decide on equitable waivers of dimensional requirements.
Before authorizing a variance from the chapter, the Board of
Adjustment shall find that the five following conditions as set forth
by RSA 674:33, I(b), as may be amended from time to time, have been
met:
A. The variance will not be contrary to the public interest;
B. The spirit of the chapter is observed;
C. Substantial justice is done;
D. The values of surrounding properties are not diminished; and
E. Literal enforcement of the provisions of the chapter would result
in an unnecessary hardship.
Pursuant to RSA 674:33-a, as may be amended from time to time,
the Zoning Board of Adjustment may grant an equitable waiver of dimensional
requirements, provided that the Zoning Board of Adjustment makes findings
that the provisions of RSA 674:33-a are met. Alternatively, the ZBA
may grant an equitable waiver under RSA 674:33-a, as amended from
time to time, from a physical layout or dimensional requirement if
the owner of the property in violation demonstrates to the satisfaction
of the Board that the violation existed for the period of time set
forth in the statute and that no enforcement action, including written
notice of violation, has been commenced against the violation during
that time by the Town of Raymond or any person directly affected.