Land Use & Zoning
A NH property owner applies for a variance, claiming the zoning ordinance creates an 'undue hardship.' Under NH law, undue hardship requires showing:
AOnly that the property cannot be sold at the owner's desired price
BThat the ordinance interferes with the owner's reasonable use of the property in a manner disproportionate to the public benefit✓ Correct
COnly financial hardship to the property owner
DThat the entire neighborhood has the same complaint
Explanation
NH's variance standard requires the applicant to show that literal application of the ordinance would result in an 'undue hardship'—meaning the ordinance interferes with the owner's reasonable use of their property in a manner disproportionate to the public benefit. The hardship must be to the land itself, not just financial hardship to the owner.
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