Amendment 2024-1824s to HB1567 (2024)

Relative to zoning provisions concerning family and group family child care uses.


Revision: May 7, 2024, 3:54 p.m.

Election Law and Municipal Affairs

May 7, 2024

2024-1824s

02/08

 

 

Amendment to HB 1567-FN

 

Amend the bill by replacing all after the enacting clause with the following:

 

1  Planning and Zoning; General Provisions; Child Care Programs.  RSA 672:1, V-a is repealed and reenacted to read as follows:

V-a. All families of the state benefit from a balanced and diverse supply of affordable child care in a setting conducive to each child’s and family's needs.  Establishment of child care which is safe and affordable is in the best interests of each community and the state of New Hampshire and serves a vital public need. Opportunity for development of all types of home-based care (family care and group family care) shall be allowed as long as all requirements for such programs adopted in rules of the department of health and human services (He-C 4002) are met. Family or group family child care shall be allowed as an accessory use to any primary residential use and shall not be subject to local site plan review regulations in any zone where a residential use is permitted; and

2  New Paragraph; Zoning; Powers.  Amend RSA 674:16 by inserting after paragraph V the following new paragraph:

VI.  In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places shall, as described in RSA 672:1, V-a, allow home-based care (family care and group family care) pursuant to a conditional use permit as long as all requirements for such programs adopted in rules of the department of health and human services (He-C 4002) are met.  Family or group family child care shall be allowed as an accessory use to any primary residential use and shall not be subject to local site plan review regulations in any zone where a primary residential use is permitted.  If all requirements of the department of health and human services are met, but an application for a conditional use permit is pending with the municipality in which the home-based child care facility is located, an applicant may begin operation during such time until the permit is granted or denied.

3  Effective Date.  This act shall take effect 60 days after its passage.