Revision: Jan. 21, 2010, midnight
HB 412 – AS INTRODUCED
2005 SESSION
06/03
HOUSE BILL 412
AN ACT relative to the authority of zoning boards of adjustment to grant variances.
SPONSORS: Rep. Sorg, Graf 3; Rep. Boyce, Belk 5
COMMITTEE: Municipal and County Government
This bill restricts the authority of zoning boards of adjustment to grant variances to those cases where a variance is necessary to protect zoning regulations from constitutional attack on the basis of a confiscatory effect.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0716
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the authority of zoning boards of adjustment to grant variances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Powers of Zoning Board of Adjustment; Variances. RSA 674:33, I(b) is repealed and reenacted to read as follows:
(b) Authorize upon appeal in specific cases such variance from the terms of the zoning ordinance as is necessary to protect the ordinance from constitutional infirmity on the basis of an allegedly confiscatory effect. In making a determination under this subparagraph, no confiscatory effect shall be deemed to exist where any of the following criteria apply:
(1) The restriction on the land applies to all or substantially all parcels in the zoning district, and there is no natural condition of the land adversely distinguishing it from other land in the zoning district similarly restricted;
(2) The land can beneficially be devoted to a use for which the district is zoned;
(3) The land can lawfully be devoted to the same use to which it would be devoted were the variance to be granted; or
(4) A fair and substantial relationship exists between the general purposes of the zoning ordinance and the specific restriction on the property.
2 Effective Date. This act shall take effect 60 days after its passage.