HB359 (2005) Detail

(New Title) defining "unnecessary hardship" for purposes of zoning variances.


HB 359 – AS AMENDED BY THE SENATE

30Mar2005… 0735h

06/09/05 1615s

06/09/05 1793s

2005 SESSION

05-0730

06/09

HOUSE BILL 359

AN ACT defining “unnecessary hardship” for purposes of zoning variances.

SPONSORS: Rep. Kurk, Hills 7

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill defines an unnecessary hardship for a zoning variance as an application of the ordinance that denies the landowner a reasonable and economically viable use of a property and one that has no fair and substantial relationship between the public purposes of the ordinance and its application to the property. This bill also provides that a variance shall not injure the rights of others.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0735h

06/09/05 1615s

06/09/05 1793s

05-0730

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT defining “unnecessary hardship” for purposes of zoning variances.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Powers of Zoning Board of Adjustment; Unnecessary Hardship Defined. Amend RSA 674:33 by inserting after paragraph I the following new paragraph:

I-a.(a) For purposes of this section “unnecessary hardship” shall mean that because of the unique and particular characteristics of a property, its setting, and environment, the board finds that:

(1) The property cannot be reasonably used in strict conformance with the ordinance and a variance is therefore necessary to enable a reasonable and economically viable use of it; and

(2) No fair and substantial relationship exists between the general public purposes of the ordinance provision and the specific application of that provision to the property, the proposed use is a reasonable one, and the grant of a variance will not injure the public or private rights of others.

(b) “Unnecessary hardship” as defined in subparagraph (a) shall apply to both use variances and area variances.

2 Effective Date. This act shall take effect upon its passage.

Links

HB359 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB359 Revision: 8818 Date: Jan. 21, 2010, midnight

Docket