Revision: Jan. 1, 2008, midnight
HB 335 – AS INTRODUCED
2007 SESSION
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
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.