The Planning Board and Zoning Board of Adjustment are directed by RSA's 672 through 678.
There are five basic functions of a Zoning Board of Adjustment in NH:
- Interpreting the terms of the zoning ordinance, or the application of those terms to a particular set of facts.
- Determing whether a proposed use of project, or some aspect thereof, is "grandfathered" from having to comply with the terms of the ordinance.
- Determining whether to allow a legalized violation of the ordinance ("variance") is necessary to prevent the ordinance terms from being unconstitutional as applied.
- Granting a special exception as specifically allowed by the ordinance if the criteria set out in the ordinance are met.
- Granting an "equitable waiver" which would legalize a dimensional violation when it would be unfair to require correcting it.