HB1533 (2018) Detail

(New Title) relative to termination of variances and special exceptions.


CHAPTER 75

HB 1533 - FINAL VERSION

 

6Mar2018... 0608h

2018 SESSION

18-2127

03/05

 

HOUSE BILL 1533

 

AN ACT relative to termination of variances and special exceptions.

 

SPONSORS: Rep. Vose, Rock. 9; Rep. Morrison, Rock. 9; Rep. McLean, Hills. 44; Sen. Gannon, Dist 23

 

COMMITTEE: Municipal and County Government

 

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

 

AMENDED ANALYSIS

 

This bill clarifies the termination of variances and special exceptions granted by the zoning board of adjustment.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2018... 0608h 18-2127

03/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to termination of variances and special exceptions.

 

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

 

75:1  Variance; Expiration.  Amend RSA 674:33, I-a to read as follows:

I-a.(a)  Variances authorized under paragraph I shall be valid if exercised within 2 years from the date of final approval, or as further extended by local ordinance or by the zoning board of adjustment for good cause, provided that no such variance shall expire within 6 months after the resolution of a planning application filed in reliance upon the variance.

(b)  The zoning ordinance may be amended to provide for the termination of all variances that were authorized under paragraph I before August 19, 2013 and that have not been exercised.  After adoption of such an amendment to the zoning ordinance, the planning board shall post notice of the termination in the city or town hall.  The notice shall be posted for one year and shall prominently state the expiration date of the notice.  The notice shall state that variances authorized before August 19, 2013 are scheduled to terminate, but shall be valid if exercised within 2 years of the expiration date of the notice or as further extended by the zoning board of adjustment for good cause.

75:2  Special Exception; Expiration.  Amend RSA 674:33, IV to read as follows:

IV.(a)  A local zoning ordinance may provide that the zoning board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance.  All special exceptions shall be made in harmony with the general purpose and intent of the zoning ordinance and shall be in accordance with the general or specific rules contained in the ordinance.

(b)  Special exceptions authorized under this paragraph shall be valid if exercised within 2 years from the date of final approval, or as further extended by local ordinance or by the zoning board of adjustment for good cause, provided that no such special exception shall expire within 6 months after the resolution of a planning application filed in reliance upon the special exception.

(c)  The zoning ordinance may be amended to provide for the termination of all special exceptions that were authorized under this paragraph before August 19, 2013 and that have not been exercised.  After adoption of such an amendment to the zoning ordinance, the planning board shall post notice of the termination in the city or town hall.  The notice shall be posted for one year and shall prominently state the expiration date of the notice.  The notice shall state that special exceptions authorized before August 19, 2013 are scheduled to terminate, but shall be valid if exercised within 2 years of the expiration date of the notice or as further extended by the zoning board of adjustment for good cause.

75:3  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: May 25, 2018

Effective Date: July 24, 2018

Links

HB1533 at GenCourtMobile

Action Dates

Date Body Type
Jan. 30, 2018 House Hearing
Feb. 6, 2018 House Exec Session
Feb. 6, 2018 House Exec Session
Feb. 20, 2018 House Exec Session
Feb. 20, 2018 House Exec Session
Feb. 20, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
April 4, 2018 Senate Hearing
April 12, 2018 Senate Floor Vote

Bill Text Revisions

HB1533 Revision: 3978 Date: May 29, 2018, 2:14 p.m.
HB1533 Revision: 3432 Date: April 12, 2018, 10:29 a.m.
HB1533 Revision: 3157 Date: March 8, 2018, 10:47 a.m.
HB1533 Revision: 1923 Date: Nov. 6, 2017, 2:29 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Municipal and County Government HJ 1 P. 14
Jan. 30, 2018 Public Hearing: 01/30/2018 02:30 PM LOB 301
Feb. 6, 2018 ==CANCELLED== Executive Session: 02/06/2018 11:00 AM LOB 301
Feb. 6, 2018 ==RESCHEDULED== Executive Session: 02/06/2018 11:00 AM LOB 301
Feb. 20, 2018 ==RESCHEDULED== Executive Session: 02/20/2018 01:00 PM LOB 301
Feb. 6, 2018 ==CANCELLED== Subcommittee Work Session: 02/06/2018 02:30 PM LOB 104
Feb. 6, 2018 ==RESCHEDULED== Subcommittee Work Session: 02/06/2018 09:30 AM LOB 301
Feb. 14, 2018 Subcommittee Work Session: 02/14/2018 10:45 AM LOB 301
Feb. 20, 2018 ==RESCHEDULED== Executive Session: 02/20/2018 01:00 PM LOB 301
Feb. 20, 2018 ==RESCHEDULED== Executive Session: 02/20/2018 01:00 PM LOB 301
March 6, 2018 Committee Report: Ought to Pass with Amendment # 2018-0608h (NT) for 03/06/2018 (Vote 14-0; CC) HC 9 P. 29
Committee Report: Ought to Pass with Amendment # 2018-0608h (NT) (Vote 14-0; CC)
March 6, 2018 Amendment # 2018-0608h: AA VV 03/06/2018 HJ 6 P. 51
March 6, 2018 Ought to Pass with Amendment 0608h: MA VV 03/06/2018 HJ 6 P. 51
March 8, 2018 Introduced 03/08/2018 and Referred to Public and Municipal Affairs; SJ 7
April 4, 2018 Hearing: 04/04/2018, Room 102, LOB, 09:30 am; SC 14
April 12, 2018 Committee Report: Ought to Pass, 04/12/2018; Vote 5-0; CC SC 16
April 12, 2018 Ought to Pass: MA, VV; OT3rdg; 04/12/2018; SJ 12
April 26, 2018 Enrolled (In recess 04/26/2018); SJ 15
April 26, 2018 Enrolled 04/26/2018
May 25, 2018 Signed by Governor Sununu 05/25/2018; Chapter 75; Eff. 7/24/2018