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
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AMENDED ANALYSIS
This bill clarifies the termination of variances and special exceptions granted by the zoning board 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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
| 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 |
May 25, 2018: Signed by Governor Sununu 05/25/2018; Chapter 75; Eff. 7/24/2018
April 26, 2018: Enrolled 04/26/2018
April 26, 2018: Enrolled (In recess 04/26/2018); SJ 15
April 12, 2018: Ought to Pass: MA, VV; OT3rdg; 04/12/2018; SJ 12
April 12, 2018: Committee Report: Ought to Pass, 04/12/2018; Vote 5-0; CC SC 16
April 4, 2018: Hearing: 04/04/2018, Room 102, LOB, 09:30 am; SC 14
March 8, 2018: Introduced 03/08/2018 and Referred to Public and Municipal Affairs; SJ 7
March 6, 2018: Ought to Pass with Amendment 0608h: MA VV 03/06/2018 HJ 6 P. 51
March 6, 2018: Amendment # 2018-0608h: AA VV 03/06/2018 HJ 6 P. 51
: Committee Report: Ought to Pass with Amendment # 2018-0608h (NT) (Vote 14-0; CC)
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
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
Feb. 14, 2018: Subcommittee Work Session: 02/14/2018 10:45 AM LOB 301
Feb. 6, 2018: ==RESCHEDULED== Subcommittee Work Session: 02/06/2018 09:30 AM LOB 301
Feb. 6, 2018: ==CANCELLED== Subcommittee Work Session: 02/06/2018 02:30 PM LOB 104
Feb. 20, 2018: ==RESCHEDULED== Executive Session: 02/20/2018 01:00 PM LOB 301
Feb. 6, 2018: ==RESCHEDULED== Executive Session: 02/06/2018 11:00 AM LOB 301
Feb. 6, 2018: ==CANCELLED== Executive Session: 02/06/2018 11:00 AM LOB 301
Jan. 30, 2018: Public Hearing: 01/30/2018 02:30 PM LOB 301
Jan. 3, 2018: Introduced 01/03/2018 and referred to Municipal and County Government HJ 1 P. 14