Revision: Dec. 6, 2023, 1:47 p.m.
HB 1399 - AS INTRODUCED
2024 SESSION
24-2669
10/05
HOUSE BILL 1399
AN ACT allowing municipalities to permit 2 residential units in certain single-family residential zones.
SPONSORS: Rep. McWilliams, Merr. 30; Rep. Yokela, Rock. 32; Rep. Read, Rock. 10
COMMITTEE: Special Committee on Housing
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ANALYSIS
This bill allows the expansion of a single family residence within a residential zone in an urban area to no more than 2 residential units without discretionary review or a hearing, if the proposed development meets certain requirements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2669
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT allowing municipalities to permit 2 residential units in certain single-family residential zones.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Planning and Zoning; Regulatory Powers; Single-family Expansion. Amend RSA 674:16 by inserting after paragraph V the following new paragraph:
VI.(a) A proposed housing development of expanding a single family residence within a residential zone to no more than 2 residential units shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within the boundaries of either an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that has been occupied by a tenant in the last 3 years.
(3) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last 3 years.
(4) The development is not located within a historic district, or is designated or listed as a state or national landmark or historic property.
(b)(1) Notwithstanding any local ordinance or bylaw, and except as provided in paragraph (2), a planning board may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this paragraph.
(2)(A) The planning board shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to 2 units and each being at least 1000 square feet in floor area.
(B)(i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a planning board may require a setback of up to 4 feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with subdivision (b), a planning board may require any of the following conditions when considering an application for 2 residential units as provided for in this section:
(1) Off-street parking of up to one space per unit.
(2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
(3) If the municipality has proven through engineering study that it does not have adequate water and sewer to allow this development, 2 units may be disallowed by the planning board for a term of up to 10 years, but then after the expiration of that term, it must be allowed.
(d) Notwithstanding subparagraph (a), a planning board may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project under this paragraph would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A planning board may require that a rental of any unit created pursuant to this paragraph be for a term longer than 30 days.
(f) An application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
2 Effective Date. This act shall take effect 60 days after its passage.