SB 538-LOCAL - AS AMENDED BY THE SENATE
04/05/2024 1216s
04/05/2024 1436s
2024 SESSION
24-3120
10/08
SENATE BILL 538-LOCAL
AN ACT relative to zoning procedures concerning residential housing.
SPONSORS: Sen. Perkins Kwoka, Dist 21; Sen. Watters, Dist 4; Sen. Soucy, Dist 18; Sen. Rosenwald, Dist 13; Sen. Fenton, Dist 10; Sen. Whitley, Dist 15; Sen. Chandley, Dist 11; Sen. Prentiss, Dist 5; Sen. Altschiller, Dist 24; Sen. D'Allesandro, Dist 20; Rep. Alexander Jr., Hills. 29; Rep. D. Paige, Carr. 1; Rep. DiLorenzo, Rock. 10
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill establishes a tax relief program for office conversion to residences; enables municipalities to allow its governing body to adopt certain zoning ordinance changes; and adds additional authority in zoning powers for parking requirements and lot size requirements related to sewer infrastructure.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/05/2024 1216s
04/05/2024 1436s 24-3120
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to zoning procedures concerning residential housing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act shall be known as "The HOMEnibus".
2 Community Revitalization Tax Relief Incentive; Tax Relief. Amend RSA 79-E:2, VI(a) to read as follows:
(a) For a qualifying structure, that for a period of time determined by a local governing body in accordance with this chapter, the property tax on a qualifying structure shall not increase as a result of the substantial rehabilitation thereof or conversion from office, industrial, or commercial use to residential use.
3 New Section; Community Revitalization Tax Relief Incentive; Office Conversion Zones Added. Amend RSA 79-E by inserting after section 4-c the following new section:
79-E:4-d Office Conversion Zones.
I. A city or town may adopt the provisions of this section by vote of its legislative body, according to the procedures described in RSA 79-E:3, to establish tax relief for the owners of a building or structure currently being used for office use, in whole or in part, if such use is converted to residential use, in whole or in part.
II. The governing body of a municipality shall designate the area of office use in which the tax relief for qualifying structures shall apply. Municipalities may further establish criteria for the public benefits, goals, and measures that will determine the eligibility of qualifying structures for tax relief located within a designated office conversion zone. For the purposes of this section, "office use" means buildings or structures used or intended for use in whole or in part for the practice of a profession, the carrying on of a business or occupation or the conduct of a non-profit organization or government entity. "Office use" also includes co-working spaces.
III. Municipalities may grant tax relief to the qualifying structure and property as described in RSA 79-E:4 for the period of tax relief under RSA 79-E:5, provided that no property may be granted tax relief under this chapter more than once in a 20 year period.
4 New Subparagraph; Definition of Qualifying Structure. Amend RSA 79-E:2, II by inserting after subparagraph (f) the following new subparagraph:
(g) In a city or town that has adopted the provisions of RSA 79-E:4-d, "qualifying structure" also means a building or structure being used for office use, in whole or in part, if such use is converted to residential use, in whole or in part, in an office conversion zone established under RSA 79-E:4-d.
5 Zoning; Words Defined; Local Legislative Body. Amend RSA 672:8 to read as follows:
672:8 Local Legislative Body.
I. "Local legislative body" means one of the following basic forms of government utilized by a municipality:
[I.] (a) Council, whether city or town;
[II.] (b) Mayor-council;
[III.] (c) Mayor-board of aldermen;
[IV.] (d) Village district or precinct;
[V.] (e) Town meeting; or
[VI.] (f) County convention.
II. In non-charter towns, village districts, and counties which there are located unincorporated places that have adopted the authority provided in RSA 674:18-a for the approval of amendments to zoning ordinances or bylaws and the local zoning map, the term "local legislative body" shall mean local governing body as defined in RSA 672:6 solely for the purpose of adopting amendments to a zoning ordinance or local zoning map.
6 New Section; Adoption of Zoning Ordinances; Alternative Procedure. Amend RSA 674 by inserting after section 18 the following new section:
674:18-a Alternative Procedure for Adoption of Zoning Ordinances.
I. Any non-charter town, village district, or county in which are located unincorporated places, may adopt the provisions of this section by placing the question on the warrant of a special or annual meeting, by the governing body or by petition pursuant to RSA 39:3, or otherwise by acting upon the question of adoption of this section in accordance with its normal procedures for passage of ordinances.
II. Upon adoption, the local governing body shall be authorized to adopt amendments to the local zoning ordinances and the local zoning map by majority vote of the governing body after at least one full public hearing that complies with RSA 675:7, without a vote by the usual local legislative body or by a vote of voters in the jurisdiction.
III. The procedure for adoption of amendments to zoning ordinances or bylaws and the zoning map under this section shall be construed to be an adoption by the local legislative body as defined in RSA 672:8.
7 New Section; Local Land Use and Regulatory Powers; On-site Parking Requirements. Amend RSA 674 by inserting after section 16 the following new section:
674:16-a On-site Parking Requirements.
I. In this section:
(a) “Residential use” means lands, buildings or structures or portions thereof used, designed, or intended for non-transient occupancy.
(b) “On-site parking requirements” means the required number of on-site parking spaces, the maximum distance of the parking spaces from the proposed use, the dimensions of the parking spaces, the angle of the parking spaces, and the hours of the day the parking spaces must be available as required by a zoning ordinance, site plan review regulation, subdivision regulation, or innovative land use control.
(c) “Alternative parking solution” means a proposal by an applicant to meet the parking demand created by a proposed residential use which is a substitute for meeting the on-site parking requirements prescribed by a zoning ordinance, site plan review regulation, subdivision regulation, or innovative land use control. Alternative parking solutions shall include, but not be limited to: (1) an agreement for the provision of off-site parking spaces with another owner of real property during hours which the off-site parking spaces are not in use within a quarter of a mile of the proposed residential use, (2) agreement with a rideshare company to provide transportation to the occupants of the proposed residential use, (3) availability of public transportation including fixed-route bus service within a quarter of a mile of the proposed residential use, or (4) location in a district officially designated in a municipality's master plan, or by zoning ordinance, as a downtown, town center, central business district, or village center in which there is adequate walkability infrastructure.
(d) “Adequate walkability infrastructure” means sidewalks, density of development, bus stops, bike lanes, mixed use neighborhoods, and other infrastructure that supports walkability.
II. If a proposed residential proposes to meet the on-site parking requirements prescribed by a zoning ordinance adopted pursuant to RSA 674:16, prescribed by a site plan review regulation adopted pursuant to RSA 674:44, prescribed by a subdivision regulation adopted pursuant to RSA 674:36, or other innovative land use control adopted pursuant to RSA 674:21, with an alternative parking solution, in any of the above cases due to economic considerations, the planning board shall be required to consider such alternative parking solution.
III. If the applicant can demonstrate that the alternative parking solution will meet the parking demand created by the proposed residential use, a planning board shall be required to approve the alternative parking solution proposed by the applicant as a substitute for the proposed residential use meeting the on-site parking requirements.
IV. If a planning board during the review process of a subdivision plat, site plan, or other land use application for the proposed residential use doesn’t agree with the applicant’s determination that the alternative parking solution will meet the parking demand created by the proposed residential use, the planning board can request third-party review under RSA 676:4-b, I.
| Date | Amendment |
|---|---|
| March 19, 2024 | 2024-1216s |
| April 5, 2024 | 2024-1436s |
| May 1, 2024 | 2024-1722h |
| Date | Body | Type |
|---|---|---|
| Feb. 13, 2024 | Senate | Hearing |
| Feb. 20, 2024 | Senate | Hearing |
| Feb. 13, 2024 | Senate | Hearing |
| Feb. 20, 2024 | Senate | Hearing |
| April 4, 2024 | Senate | Floor Vote |
| April 23, 2024 | House | Hearing |
| April 23, 2024 | House | Exec Session |
| April 23, 2024 | House | Floor Vote |
May 2, 2024: Inexpedient to Legislate: MA RC 188-173 05/02/2024 HJ 12
April 24, 2024: Minority Committee Report: Ought to Pass
April 24, 2024: Majority Committee Report: Inexpedient to Legislate 04/23/2024 (Vote 9-8; RC) HC 17 P. 24
April 17, 2024: Executive Session: 04/23/2024 11:00 am LOB 301-303
April 17, 2024: Public Hearing: 04/23/2024 09:30 am LOB 301-303
April 10, 2024: Introduced (in recess of) 03/28/2024 and referred to Municipal and County Government HJ 11
April 5, 2024: Ought to Pass with Amendments 2024-1216s and 2024-1436s, MA, VV; OT3rdg; 04/05/2024; SJ 8
April 5, 2024: Sen. Abbas Floor Amendment # 2024-1436s, AA, VV; 04/05/2024; SJ 8
April 5, 2024: Committee Amendment # 2024-1216s, AA, VV; 04/05/2024; SJ 8
March 19, 2024: Committee Report: Ought to Pass with Amendment # 2024-1216s, 04/05/2024, Vote 4-1; SC 13
Feb. 13, 2024: ==RECONVENE== Hearing: 02/20/2024, Room 103, LOB, 09:15 am; SC 8
Feb. 15, 2024: (THE PREVIOUS HEARING ON SB 538 WAS RECESSED ON FEBRUARY 13TH), 02/13/2024; SC 7
Feb. 13, 2024: ==RECONVENE== Hearing: 02/20/2024, Room 103, LOB, 09:15 am; SC 8
Feb. 6, 2024: ==RECESSED== Hearing: 02/13/2024, Room 103, LOB, 10:00 am; SC 7
Dec. 14, 2023: To Be Introduced 01/03/2024 and Referred to Election Law and Municipal Affairs; SJ 1