Frequently Asked Questions

The ZBA is empowered to hear and decide appeals if it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance adopted pursuant to RSA 674:16. This appeal is known as an appeal of an administrative decision. The Pelham Zoning Ordinance requires such an appeal to be filed within thirty days of the written order or decision. Pelham Zoning Ordinance § 307-85.

The appeal of a planning board decision that is based upon an interpretation of the zoning ordinance must be appealed to the ZBA. This appeal must be filed within thirty days of the approval. This appeal must be done prior to a court appeal on the same matter and at the same time as any other appeal of the planning board decision that must be taken to Court. Thus, an appeals process may require an appeal to the court and an appeal to the ZBA at the same time. The exception to this rule appears when the Planning Board is granting a special permit.

The appeal of a planning board decision to issue or deny a special permit must be appealed directly to the Court and cannot be appealed to the ZBA. This appeal must be taken within thirty days of the vote of the board. NH RSA 677:15.

The appeal of a Planning Board decision involving its own regulations must be appealed directly to the court within thirty days of the vote of the board. Matters that involve zoning interpretations must be appealed to the ZBA.

A variance is a form of appeal. NH RSA 674:33 authorizes, upon appeal, in specific cases, such variance from the terms of the zoning ordinance as will not be contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

The appeal for a variance is usually from a determination of the Zoning Administrator (in the case of Pelham, this is the Planning Director) or Zoning Board of Adjustment (ZBA). Where the requirement cannot be appealed as an administrative decision, a variance is required.