Ackley v. Nashua

We first consider the following question transferred without ruling: “Does said Article IX, Section 45-A (5) [of the zoning ordinance of the city of Nashua] include in its meaning of the words ‘variance’ and ‘use variance’ an extension of an existing non-conforming use as applied for in this case?” *554That provision of the zoning ordinance reads as follows: “Any application for a variance in the use of land or a structure shall be accompanied by the written consent of the owners (as of record at the Assessor’s Office and the City Engineer’s Office) of sixty (60) per cent of all real property…