HB335 (2008) Detail

Defining "unnecessary hardship" for purposes of zoning variances.


HB 335 – AS INTRODUCED

2007 SESSION

07-0946

08/09

HOUSE BILL 335

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

SPONSORS: Rep. Sorg, Graf 3; Rep. Kurk, Hills 7

COMMITTEE: Municipal and County Government

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0946

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

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) A variance is necessary to enable a reasonable and economically viable use to be made of the property; 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;

(3) The proposed use is a reasonable one; and

(4) The 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 July 1, 2007.

Links

HB335 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB335 Revision: 11880 Date: Jan. 1, 2008, midnight

Docket