The
New Rules for Determining Hardship per NH Supreme Court in Simplex vs. Newington
"Henceforth,
applicants for a variance may establish unnecessary hardship by proof
that:
(1) a zoning restriction
as applied to their property interferes with their reasonable use of
the property, considering the unique setting of the property in its
environment;
(2) no fair and
substantial relationship exists between the general purposes of the
zoning ordinance and the specific restriction on the property; and
(3) the variance
would not injure the public or private rights of others."