HB1450 (2020) Detail

Relative to the powers of the zoning board of adjustment.


HB 1450 - AS INTRODUCED

 

 

2020 SESSION

20-2382

11/04

 

HOUSE BILL 1450

 

AN ACT relative to the powers of the zoning board of adjustment.

 

SPONSORS: Rep. Wallace, Rock. 12

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill clarifies the authority of zoning boards 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2382

11/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the powers of the zoning board of adjustment.

 

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

 

1  Findings.  The general court hereby finds that:

I.  Current language regarding variances is difficult for property owners and zoning boards of adjustment to understand.

II.  Understanding the law is fundamental to protecting private property rights against unreasonable governmental regulation and processes.

III.  Homeowners often do not know how to write a convincing application for a variance.

IV.  Zoning boards of adjustment have difficulty interpreting the current statutory language and therefore may make decisions inconsistent with case law.

V.  Homeowners who are denied permits often abandon their legal right to appeal because they do not know how the zoning board of adjustment may have erred.

VI.  The New Hampshire supreme court has issued many decisions that explain the proper interpretation of variance law.

VII.  The law will be easier for all users to understand if wording is adopted from the New Hampshire supreme court decisions.

2  Powers of Zoning Board of Adjustment.  RSA 674:33, I(a)(2)(A)-(E) are repealed and reenacted to read as follows:

(A)  Granting the variance would not alter the essential character of the locality;

(B)  The variance does not threaten public health, safety, or welfare;

(C)  Harm to the general public does not outweigh the benefit to the applicant;

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

(E)  Considering the property's unique setting, the applicant's proposal is reasonable.

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

Links

HB1450 at GenCourtMobile
HB1450 Discussion

Action Dates

Date Body Type
Jan. 15, 2020 House Hearing
Jan. 22, 2020 House Exec Session
House Floor Vote
Feb. 6, 2020 House Floor Vote
Feb. 13, 2020 House Floor Vote

Bill Text Revisions

HB1450 Revision: 7088 Date: Dec. 3, 2019, 9:45 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Municipal and County Government HJ 1 P. 22
Jan. 15, 2020 Public Hearing: 01/15/2020 10:00 am LOB 301
Jan. 22, 2020 Executive Session: 01/22/2020 01:30 pm LOB 301
Feb. 6, 2020 Committee Report: Inexpedient to Legislate for 02/06/2020 (Vote 18-2; RC) HC 5 P. 6
Committee Report: Inexpedient to Legislate (Vote 18-2; RC)
Feb. 13, 2020 Committee Report: Inexpedient to Legislate for 02/13/2020 (Vote 18-2; RC) HC 5 P. 6
Feb. 13, 2020 Inexpedient to Legislate: MA VV 02/13/2020 HJ 3 P. 16