1 Amendment to Zoning Regulations. Amend RSA 674:80 to read as follows:

674:80 Amendment to Zoning Regulations.

I. Notwithstanding any provision to the contrary, Municipalities shall allow multi-family residential development on commercially zoned land, provided that adequate infrastructure, including roads, water, and sewage systems, shall be available or provided to support the development.

II. Nothing in this section shall be interpreted to prohibit municipalities from restricting residential development in zones where industrial and manufacturing uses are permitted which may result in impacts that are incompatible with residential use, such as air, noise, odor, or transportation impacts.

III. A municipality may require all available ground floor space or a percentage thereof to be dedicated to retail or similar uses.

IV. A municipality shall provide an exemption to any requirements regarding setbacks, height, or frontage of a building being converted to multi-family or mixed-use through adaptive reuse, provided that the building's floor area, height, and setbacks do not change

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

1 Amendment to Zoning Regulations. Amend RSA 674:80 to read as follows:

674:80 Amendment to Zoning Regulations.

I. Municipalities shall allow multi-family dwelling units, as defined inRSA 674:43, on commercially zoned land, provided that adequate infrastructure shall be available to support the development. In this section, "infrastructure" shall mean all the capital facilities owned or operated by the municipality listed in RSA 674:21, V. The existence of adequate infrastructure shall be determined by the planning board, governing body, or building code officer, or a combination of more than one, as determined locally.

II. Nothing in this section shall be interpreted to prohibit municipalities from restricting residential development in zones where industrial and manufacturing uses are permitted .

III. A municipality may require all available ground floor space or a percentage thereof to be dedicated to retail or similar uses.

IV. A municipality shall allow non-conforming structures to be converted to a multi-family residential development or mixed use provided that the structure is not made more nonconforming. Otherwise, a multi-family residential development on commercially zoned land shall conform to all other applicable dimensional requirements and subdivision or site plan review regulations.

V. A municipality that adopts land use ordinances and regulations shall allow adaptive reuse and mixed use in a majority, but not necessarily all, of the commercially zoned land within the municipality. The municipality shall have the discretion to determine what land areas are appropriate to meet this obligation.

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