SB317 (2010) Detail

Relative to the standard for zoning variances.


SB 317 – AS INTRODUCED

2010 SESSION

10-2770

03/04

SENATE BILL 317

AN ACT relative to the standard for zoning variances.

SPONSORS: Sen. Kelly, Dist 10

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill changes the standard for the granting of zoning variances by zoning boards of adjustment.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2770

03/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the standard for 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 RSA 674:33, I(b) is repealed and reenacted to read as follows: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 such variance from the terms of the zoning ordinance as will not be contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

2 Repeal. The following are repealed:

I. 2009, 307:5, relative to statement of intent.

II. 2009, 307:7, relative to applicability of variance standard.

3 Effective Date. This act shall take effect 60 days after its passage.