§ 24.20 Variances to Accommodate the Disabled
(from New Hampshire Practice, Vol. 15, Land Use Planning and Zoning, Third Edition, Atty. Peter J. Loughlin)
The strict requirement that an unnecessary hardship exist for the granting of a variance may be eliminated when reasonable accommodations are necessary to allow a person with a recognized physical disability to reside in or regularly use premises that are the subject of an application to the ZBA. [211] Presumably the other four conditions for the granting of a variance still apply and any variance granted under this exception must still be in harmony with the general purpose and intent of the zoning ordinance. [212] Unlike all other variances that run with the land, [213] the zoning board of adjustment may provide that a variance granted under this section shall survive only as long as the particular person has a continuing need to use the premises in this particular way. [214]
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