Revision: May 22, 2024, 9:17 a.m.
Sen. Gannon, Dist 23
May 17, 2024
2024-2031s
06/05
Floor Amendment to HB 1291
Amend RSA 674:72, I and II as inserted by section 2 of the bill by replacing it with the following:
I. A municipality that adopts a zoning ordinance pursuant to the authority granted in this chapter shall allow accessory dwelling units [as a matter of right or by either conditional use permit pursuant to RSA 674:21 or by special exception,] in all zoning districts that permit single-family dwellings. One accessory dwelling unit, which may be either attached or detached, shall be allowed as a matter of right. The municipality shall [be allowed] allow at least one accessory dwelling unit without additional requirements for lot size, except as described by this section, setbacks, aesthetic requirements, design review requirements, frontage, space limitations, or other controls beyond what would be required for a single-family dwelling without an accessory dwelling unit. The municipality is not required to allow more than one accessory dwelling unit for any single-family dwelling. The municipality may prohibit accessory dwelling units associated with multiple single-family dwellings attached to each other such as townhouses[, and with manufactured housing as defined in RSA 674:31]. Subsequent condominium conveyance of any accessory dwelling unit separate from that of the principal dwelling unit shall be prohibited, notwithstanding the provisions of RSA 356-B:5, unless allowed by the municipality.
II. If a zoning ordinance contains no provisions pertaining to accessory dwelling units, then one accessory dwelling unit shall be deemed a permitted accessory use, as a matter of right, to any single-family dwelling in the municipality, and no municipal permits or conditions shall be required other than a building permit, if necessary.
Amend RSA 674:72, VII as inserted by section 2 of the bill by replacing it with the following:
VII. A municipality may [establish] apply aesthetic standards [for] to accessory dwelling units [for the purpose of maintaining the aesthetic continuity with] only if the municipality has also applied such standards to the principal dwelling unit [as a single-family dwelling]. A municipality may also establish minimum and maximum sizes for an accessory dwelling unit, provided that size may not be restricted to less than [750] 1,000 square feet.
Amend RSA 674:73 as inserted by section 3 of the bill by replacing it with the following:
674:73 Detached Accessory Dwelling Units. A municipality [is not required to but may] shall permit detached accessory dwelling units. Detached accessory dwelling units shall comply with the requirements of, and any municipal ordinances or regulations adopted pursuant to, RSA 674:72, IV through IX. [If a municipality allows detached accessory dwelling units, it may require an increased lot size.]
2024-2031s
AMENDED ANALYSIS
This bill adds definitions related to accessory dwelling units and increases the maximum square footage. It also gives municipalities the right to require accessory units meet the definition for workforce housing.