Revision: Jan. 30, 2017, 11:18 a.m.
HB 265 - AS INTRODUCED
2017 SESSION
17-0635
03/05
HOUSE BILL 265
AN ACT relative to accessory dwelling units.
SPONSORS: Rep. Matthews, Rock. 3; Rep. Hunt, Ches. 11; Sen. Fuller Clark, Dist 21
COMMITTEE: Municipal and County Government
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This bill authorizes a municipality to limit the right to have an accessory dwelling unit for certain single-family dwellings and to prohibit condominium conveyance of an accessory dwelling unit.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0635
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to accessory dwelling units.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Accessory Dwelling Units; Definitions. Amend RSA 674:71 to read as follows:
674:71 [Definition] Definitions. As used in this subdivision[,]:
I. "Accessory dwelling unit'' means a residential living unit that is within or attached to a single-family dwelling, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies.
II. “Single-family dwelling” means a principal, detached residential living unit which stands apart from other buildings, except accessory buildings, is not a condominium as defined in RSA 356-B:3, V, is not manufactured housing as defined in RSA 674:31, and provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation.
2 Accessory Dwelling Units. Amend RSA 674:72, I to read as follows:
I. A municipality that adopts a zoning ordinance pursuant to the authority granted in this chapter shall allow accessory dwelling units as a matter of right or by either conditional use permit pursuant to RSA 674:21 or by special exception, in all zoning districts that permit single-family dwellings. One accessory dwelling unit shall be allowed without additional requirements for lot size, frontage, space limitations, or other controls beyond what would be required for a single-family dwelling without an accessory dwelling unit. The municipality is not required to allow more than one accessory dwelling unit for any single-family dwelling. The municipality is not required to allow but may permit accessory dwelling units within or attached to single-family dwelling units that share a common wall, condominiums as defined in RSA 356-B:3, and manufactured housing as defined in RSA 674:31.
3 New Paragraph; Accessory Dwelling Units; Conveyance. Amend RSA 674:72 by inserting after paragraph X the following new paragraph:
XI. A municipality may prohibit subsequent condominium conveyance of the accessory dwelling unit, notwithstanding the provisions of RSA 356-B:5.
4 Effective Date. This act shall take effect 60 days after its passage.