HB86 (2017) Detail

Relative to voting on variances.


HB 86 - FINAL VERSION

 

9Feb2017... 0129h

04/20/2017   1382s

 

2017 SESSION

17-0038

03/09

 

HOUSE BILL 86

 

AN ACT relative to voting on variances.

 

SPONSORS: Rep. J. Belanger, Hills. 27; Rep. Spang, Straf. 6; Rep. Gauthier, Sull. 3

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill establishes requirements for zoning boards of adjustment voting on variances.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Feb2017... 0129h

04/20/2017   1382s 17-0038

03/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to voting on variances.

 

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

 

1  Variance; Procedure.  Amend RSA 674:33, I to read as follows:

I.(a)  The zoning board of adjustment shall have the power to:

[(a)] (1) Hear and decide appeals if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance adopted pursuant to RSA 674:16; and

[(b)] (2) Authorize, upon appeal in specific cases, a variance from the terms of the zoning ordinance if:

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

[(2)] (B)  The spirit of the ordinance is observed;

[(3)] (C)   Substantial justice is done;

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

[(5)] (E) Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.

[(A)] (b)(1) For purposes of [this] subparagraph I(a)(2)(E), "unnecessary hardship'' means that, owing to special conditions of the property that distinguish it from other properties in the area:

[(i)] (A)  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; and

[(ii)] (B) The proposed use is a reasonable one.

[(B)] (2) If the criteria in subparagraph [(A)] (1) are not established, an unnecessary hardship will be deemed to exist if, and only if, owing to special conditions of the property that distinguish it from other properties in the area, the property cannot be reasonably used in strict conformance with the ordinance, and a variance is therefore necessary to enable a reasonable use of it.

(3)  The definition of "unnecessary hardship'' set forth in[ subparagraph (5)] subparagraphs (1) and (2) shall apply whether the provision of the ordinance from which a variance is sought is a restriction on use, a dimensional or other limitation on a permitted use, or any other requirement of the ordinance.

(c)  The zoning board of adjustment shall determine whether to grant a variance by voting on each of the criteria in subparagraph I(a)(2) separately.  The board shall grant a variance only if each of the 5 criteria receives at least 3 votes in the affirmative.

2  Reference Changed.  Amend the introductory paragraph of RSA 674:33, V to read as follows:

V.  Notwithstanding subparagraph [I(b)] I(a)(2), any zoning board of adjustment may grant a variance from the terms of a zoning ordinance without finding a hardship arising from the condition of a premises subject to the ordinance, when reasonable accommodations are necessary to allow a person or persons with a recognized physical disability to reside in or regularly use the premises, provided that:

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

 

VETOED July 10, 2017

Links

HB86 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2017 House Hearing
Jan. 25, 2017 House Exec Session
Feb. 9, 2017 House Floor Vote
March 8, 2017 Senate Hearing
April 20, 2017 Senate Floor Vote

Bill Text Revisions

HB86 Revision: 503 Date: July 11, 2017, 3:19 p.m.
HB86 Revision: 504 Date: June 8, 2017, 10:57 a.m.
HB86 Revision: 505 Date: April 21, 2017, 9:46 a.m.
HB86 Revision: 506 Date: Feb. 14, 2017, 12:44 p.m.
HB86 Revision: 507 Date: Jan. 31, 2017, 8:02 a.m.

Docket

Date Status
Jan. 4, 2017 Introduced 01/04/2017 and referred to Municipal and County Government HJ 2 P. 16
Jan. 24, 2017 ==CANCELLED== Public Hearing: 01/24/2017 10:00 AM LOB 301
Jan. 25, 2017 ==RESCHEDULED== Public Hearing: 01/25/2017 10:00 AM LOB 301
Jan. 25, 2017 Executive Session: 01/25/2017 LOB 301
Feb. 9, 2017 Committee Report: Ought to Pass with Amendment # 2017-0129h for 02/09/2017 (Vote 15-0; CC) HC 10 P. 5
Feb. 9, 2017 Amendment # 2017-0129h: AA VV 02/09/2017 HJ 6 P. 4
Feb. 9, 2017 Ought to Pass with Amendment 0129h: MA VV 02/09/2017 HJ 6 P. 4
Feb. 16, 2017 Introduced 02/16/2017 and Referred to Public and Municipal Affairs; SJ 7
March 8, 2017 Hearing: 03/08/2017, Room 102, LOB, 09:15 am; SC 12
April 20, 2017 Committee Report: Ought to Pass with Amendment # 2017-1382s, 04/20/2017; SC 19
April 20, 2017 Committee Amendment # 2017-1382s, AA, VV; 04/20/2017; SJ 14
April 20, 2017 Ought to Pass with Amendment 2017-1382s, MA, VV; OT3rdg; 04/20/2017; SJ 14
June 8, 2017 House Concurs with Senate Amendment 1382s (Rep. J. Belanger): MA VV 06/08/2017 HJ 18 P. 5
June 22, 2017 Enrolled 06/22/2017 HJ 19 P. 23
June 22, 2017 Enrolled (In recess 06/22/2017); SJ 20
July 10, 2017 Vetoed by Governor Sununu 07/10/2017
Nov. 2, 2017 Veto Sustained 11/02/2017: RC 115-164 Lacking Necessary Two-Thirds Vote