HB574 (2021) Detail

Relative to change of use of certain retail properties.


HB 574  - AS INTRODUCED

 

 

2021 SESSION

21-0712

11/10

 

HOUSE BILL 574

 

AN ACT relative to change of use of certain retail properties.

 

SPONSORS: Rep. Janigian, Rock. 8; Rep. Abbas, Rock. 8; Rep. Gay, Rock. 8; Rep. McBride, Rock. 8; Rep. Edgar, Rock. 21

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill establishes the right of certain commercial spaces to change categories of use without a zoning variance or conditional use permit.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0712

11/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to change of use of certain retail properties.

 

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

 

1  New Section; Zoning; Small Retail Change of Use; Exception from Variance Requirement.  Amend RSA 674 by inserting after section 33-a the following new section:

674:33-b  Small Retail Change of Use; Exception from Variance Requirement.  Notwithstanding RSA 674:16, any existing commercial space or combined space that is zoned with a category of use of retail, retail stores, store groups, shops, and service establishments shall be entitled by right to change its category of use without a zoning variance or conditional use permit if all of the following criteria are met:

I.  The space or combined spaces are 3,500 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 as something other than commercial shall not qualify for change of use pursuant to this section.

III.  The change of category of use is from "retail" or "retail stores, store groups, shops, or service establishments" to any of the following:

(a)  Place of assembly.

(b)  A non-drive through restaurant with 60 seats or less.

(c)  Office spaces, including business, professional, administrative, or banking.

(d)  Membership clubs including gyms, dance studios, fitness studios, and personal and group exercise training spaces.

(e)  Medical, dental, eye care, and urgent care offices.

(f)  Salons, including but not limited to beauty, hair, cosmetic, health, waxing, and nail salons.

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.

Links


Date Body Type
March 3, 2021 House Hearing
House Floor Vote

Bill Text Revisions

HB574 Revision: 31889 Date: Jan. 12, 2021, 1:26 p.m.

Docket


April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50


April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50


April 7, 2021: Inexpedient to Legislate: MA VV 04/07/2021 HJ 5 P. 45


April 7, 2021: Inexpedient to Legislate: MA VV 04/07/2021 HJ 5 P. 45


: Committee Report: Inexpedient to Legislate (Vote 19-0; CC) HC 18 P. 21


March 12, 2021: Committee Report: Inexpedient to Legislate (Vote 19-0; CC) HC 18 P. 21


March 3, 2021: Public Hearing: 03/03/2021 11:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/98208993032 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Municipal and County Government HJ 2 P. 54


Jan. 12, 2021: Introduced (in recess of) 01/06/2021 and referred to Municipal and County Government HJ 2 P. 54