Can conditions be attached to a variance approval (i.e., a time limit?
The ZBA may grant reasonable conditions to the granting of a variance. These conditions must relate to the operation or continuation of the specific use for which the variance was requested and not to matters of ownership. Conditions relating to hours of operation and matters of health and safety have been found acceptable by the Court. (See New Hampshire Land Use Law (supra) sub-section 7-13, pages 176-7 for a more complete discussion.) The board of adjustment may attach conditions to a permit if it grants an appeal. Conditions must relate to the land and are usually designed to remove features of the proposed use which are legally objectionable. For example, the board could not grant a variance to reduce the lot size requirements on the condition that the applicant build a house with a cost in excess of a certain figure. That condition would not serve a legal purpose under the zoning statute. A board could vary the requirements of a lot size on condition that the applicant limit the
