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1 New Section; Zoning; Large Retail Change of Use; Exception from Variance Requirement. Amend RSA 674 by inserting after section 33-a the following new section:
674:33-b Large Retail Change of Use; Exception from Variance Requirement. Notwithstanding RSA 674:16, any existing commercial space that is currently zoned with a category of use for large retail or for retail sales of furniture, automobiles, nursery stock or such other goods as usually involve extensive display areas in relation to customer traffic shall not require a variance or conditional use permit for a change of category of use if all of the following criteria are met:
I. The retail space is 15,000 square feet or less.
II. The property is in an area zoned commercial. Grandfathered commercial areas that are encompassed within an area that is zoned something other than commercial are not eligible for this automatic change of use and must go through the normal process for a change of use.
III. The change of category of use is from large retail or retail sales of furniture, automobiles, nursery stock and such other goods as usually involve extensive display areas in relation to customer traffic to either or both of retail or retail stores, store groups, shops and service establishments.
IV. The landlord agrees in writing or via email to the planning and/or zoning department prior to the new tenant's occupancy to operate and manage the property so parking does not overflow onto neighboring or adjacent parking lots unless such overflow is already allowed or agreed upon for the specific site, or existing town or city ordinances or zoning laws allow for such overflow.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Section; Zoning; Large Retail Change of Use; Exception from Variance Requirement. Amend RSA 674 by inserting after section 33-a the following new section:
674:33-b Large Retail Change of Use; Exception from Variance Requirement. Notwithstanding RSA 674:16, any existing commercial space that is currently zoned with a category of use for large retail or for retail sales of furniture, automobiles, nursery stock or such other goods as usually involve extensive display areas in relation to customer traffic shall not require a variance or conditional use permit for a change of category of use if all of the following criteria are met:
I. The retail space is 15,000 square feet or less.
II. The property is in an area zoned commercial. Grandfathered commercial areas that are encompassed within an area that is zoned something other than commercial are not eligible for this automatic change of use and must go through the normal process for a change of use.
III. The change of category of use is from large retail or retail sales of furniture, automobiles, nursery stock and such other goods as usually involve extensive display areas in relation to customer traffic to either or both of retail or retail stores, store groups, shops and service establishments.
IV. The landlord agrees in writing or via email to the planning and/or zoning department prior to the new tenant's occupancy to operate and manage the property so parking does not overflow onto neighboring or adjacent parking lots unless such overflow is already allowed or agreed upon for the specific site, or existing town or city ordinances or zoning laws allow for such overflow.
2 Effective Date. This act shall take effect 60 days after its passage.