Bill Text - HB1533 (2018)

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


Revision: May 29, 2018, 2:14 p.m.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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