Revision: Nov. 6, 2017, 2:29 p.m.
HB 1533 - AS INTRODUCED
2018 SESSION
18-2127
03/05
HOUSE BILL 1533
AN ACT relative to expiration 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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ANALYSIS
This bill clarifies the expiration 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2127
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to expiration of variances and special exceptions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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 planning board may provide for the expiration of all variances that were authorized under paragraph I before August 19, 2013 by posting notice of the expiration 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 expire, but shall be valid if exercised within 2 years of the expiration date of the notice.
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 planning board may provide for the expiration of all special exceptions that were authorized under this paragraph before August 19, 2013 by posting notice of the expiration 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 expire, but shall be valid if exercised within 2 years of the expiration date of the notice.
3 Effective Date. This act shall take effect 60 days after its passage.