HB446 (2010) Detail

Defining "unnecessary hardship" for purposes of zoning variances.


HB 446 – AS AMENDED BY THE HOUSE

11Mar2009… 0088h

2009 SESSION

09-0110

03/09

HOUSE BILL 446

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 that has no fair and substantial relationship between the public purposes of the ordinance and its application to the property.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2009… 0088h

09-0110

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

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 Powers of Zoning Board of Adjustment; Variance. RSA 674:33, I(b) is repealed and reenacted to read as follows:

(b) Authorize, upon appeal in specific cases, a variance from the terms of the zoning ordinance if:

(1) The variance will not be contrary to the public interest;

(2) The spirit of the ordinance is observed;

(3) Substantial justice is done;

(4) The values of surrounding properties are not diminished; and

(5) Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship. For purposes of this paragraph, “unnecessary hardship” means that, owing to special conditions of the property that distinguish it from other properties in the area, either (i) there is no reasonable and economically viable use that can be made of the property that would be in strict compliance with the ordinance; or (ii) no fair and substantial relationship exists between the general purposes of the zoning ordinance and the specific application of the ordinance to the property, and the proposed use is otherwise a reasonable one. This definition of “unnecessary hardship” shall apply whether the provision of the ordinance from which a variance sought is a restriction on use, a dimensional or other limitation on a permitted use, or any other requirement of the ordinance.

2 Effective Date. This act shall take effect January 1, 2010.

Links

HB446 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB446 Revision: 16542 Date: Dec. 10, 2009, midnight

Docket