HB347 (2013) Detail

Authorizing cottage housing development as an innovative land use control.






AN ACT authorizing cottage housing development as an innovative land use control.

SPONSORS: Rep. Shurtleff, Merr 11; Rep. Wall, Straf 6

COMMITTEE: Municipal and County Government


This bill authorizes cottage housing development as an innovative land use control.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Thirteen

AN ACT authorizing cottage housing development as an innovative land use control.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subparagraph; Innovative Land Use Controls. Amend RSA 674:21, I by inserting after subparagraph (n) the following new subparagraph:

(o) Cottage housing development.

2 New Paragraph; Innovative Land Use Controls. Amend RSA 674:21 by inserting after paragraph VI the following new paragraph:

VII.(a) In this section, “cottage housing development” means an optional land use control and subdivision regulation enacted as a means to provide additional housing opportunities for smaller households; to encourage the efficient use of land by permitting a higher density of detached single-family dwelling units through the use of smaller homes; and to encourage infill development within existing neighborhoods.

(b) Cottage housing development regulations are intended (1) to ensure that the overall size, including the bulk and mass, of both the individual cottage structures and the entire cottage housing development remains smaller and incurs less visual impact and land disturbance than conventional single-family dwellings and developments, with individual cottage dwelling units typically being between 800 and 1,250 square feet in floor area, and cottage developments typically containing between 4 and 12 single-family dwelling units; (2) to ensure that there is a variety in building design but a consistency of architectural detailing of individual dwellings within a cottage housing development; (3) to provide centrally located and functional common open space that fosters a sense of community and a sense of openness in cottage housing developments; (4) to provide private yard areas around the individual dwellings to enable diversity in landscape design and foster a sense of ownership; (5) to ensure minimal visual impact from driveways, off-street parking, and vehicle storage areas for residents of the cottage housing development as well as adjacent properties and public streets; and (6) to maintain a single-family character along public streets.

(c) The submission and approval procedure for a cottage housing development shall be the same as that for a subdivision, which may create individual lots or a condominium, and shall require site plan or design review and approval. Municipalities may enact the following regulations, requirements, and standards for cottage housing developments in general conformity with subparagraph (b):

(1) Regulations pertaining to: minimum and maximum project area and number of dwelling units per development; lot size; lot coverage; maximum building height; increased density; reduced setbacks; common open space requirements; and landscaping, driveway, and parking requirements.

(2) Design standards pertaining to: single-family dwelling units, which may establish maximum floor area, requirements for architectural elements such as porches, dormers, bay windows, and other features that provide variety, visual interest, and a sense of human scale; common and accessory structures; private yards, landscaping, and fences; site layout and development; orientation of individual dwelling units to the common open space; and pedestrian connectivity.

(3) Requirements for deed restrictions, covenants, or provisions included within condominium declarations or bylaws to ensure long-term compliance with and maintenance of the approved cottage housing development plans.

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


HB347 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB347 Revision: 24276 Date: Jan. 17, 2013, midnight