Text to be removed highlighted in red.
1 New Subdivision; Direct Benefit to Community. Amend RSA 674 by inserting after section 76 the following new subdivision:
Direct Benefit to Community
674:76 Direct Benefit to Community Required.
I. No local legislative body shall adopt any ordinance that prohibits, regulates, or restricts the use of residential land or structures therein unless the ordinance directly conserves and promotes the health or safety, or general welfare of the community and residents. The ordinance must provide specific written findings of fact citing the best current scientific evidence relied upon by the legislative body.
II. No ordinance shall prohibit, regulate, or restrict the use or types of housing; home sizes; building, energy, water, or septic technologies; lot sizes; or residential structures if these uses, sizes, sites, technologies, lots, and or locations meet federal and state standards for health and safety for both inhabitants and other residents of that community and environmental impacts. This prohibition on zoning ordinances does not apply to commercial structures in commercial zones, multifamily structures of 5 or more units, or subdivisions.
III. Municipalities may adopt rights-based ordinances as that term is defined in other jurisdictions to restrict specific commercial practices in their jurisdiction, provided such ordinances are for the interest of the health and safety of the residents, including protection of the natural resources and ecosystem of the region, based on best scientific understanding of the direct effects of such practices on such. Nothing here shall be construed to allow a municipality to infringe on an individual's federal or state constitutional rights.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Subdivision; Direct Benefit to Community. Amend RSA 674 by inserting after section 76 the following new subdivision:
Direct Benefit to Community
674:76 Direct Benefit to Community Required.
I. No local legislative body shall adopt any ordinance that prohibits, regulates, or restricts the use of residential land or structures therein unless the ordinance directly conserves and promotes the health or safety, or general welfare of the community and residents. The ordinance must provide specific written findings of fact citing the best current scientific evidence relied upon by the legislative body.
II. No ordinance shall prohibit, regulate, or restrict the use or types of housing; home sizes; building, energy, water, or septic technologies; lot sizes; or residential structures if these uses, sizes, sites, technologies, lots, and or locations meet federal and state standards for health and safety for both inhabitants and other residents of that community and environmental impacts. This prohibition on zoning ordinances does not apply to commercial structures in commercial zones, multifamily structures of 5 or more units, or subdivisions.
III. Municipalities may adopt rights-based ordinances as that term is defined in other jurisdictions to restrict specific commercial practices in their jurisdiction, provided such ordinances are for the interest of the health and safety of the residents, including protection of the natural resources and ecosystem of the region, based on best scientific understanding of the direct effects of such practices on such. Nothing here shall be construed to allow a municipality to infringe on an individual's federal or state constitutional rights.
2 Effective Date. This act shall take effect 60 days after its passage.