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1 Accessory Dwelling Unit; Definition. Amend RSA 674:71, II-III to read as follows:
II. "Attached unit" means a unit that is within or physically connected to the principal dwelling unit, or completely contained within a preexisting detached structure.
III. "Detached unit" means a unit that is neither within nor physically connected to the principal dwelling unit, nor completely contained within a preexisting detached structure.
2 Accessory Dwelling Unit; Existing Structures. Amend RSA 674:72, XI to read as follows:
XI. A municipality shall allow accessory dwelling units to be converted from existing structures, including but not limited to detached garages, regardless of whether such structures violate current dimensional requirements for setbacks or lot coverage.
3 Repeal. RSA 674:73, relative to detached accessory dwelling units, is repealed.
4 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 Accessory Dwelling Unit; Definition. Amend RSA 674:71, II-III to read as follows:
II. "Attached unit" means a unit that is within or attached to the principal dwelling unit.
III. "Detached unit" means a unit that is neither within nor physically connected to the principal dwelling unit.
2 Accessory Dwelling Unit; Existing Structures. Amend RSA 674:72, XI to read as follows:
XI. A municipality shall allow accessory dwelling units to be converted from existing structures, including but not limited to detached garages, regardless of whether such structures violate current dimensional requirements for setbacks or lot coverage.
(a) For the purposes of this section, "existing structure" means a structure existing on or before July 1, 2025, including detached garages, regardless of whether such structures violate current dimensional requirements for setbacks or lot coverage. Any structure containing an accessory dwelling unit approved and built after July 1, 2025 shall receive protection from future zoning changes in accordance with RSA 674:39, II provided the structure meets the time periods for reaching active and substantial development in RSA 674:39, I(a) and substantial completion in RSA 674:39, I.
(b) If an existing structure does not comply with current dimensional requirements for setbacks and lot coverage, a municipality may determine eligibility for placement of an accessory dwelling unit within an existing structure by requiring the applicant for the building permit to demonstrate either:
(1) The existing structure qualifies as a preexisting, nonconforming structure exempt from the currently applicable dimensional requirements for setbacks and lot coverage in accordance with RSA 674:19 or any local zoning regulation protecting non-conforming structures; or
(2) The existing structure received a prior zoning approval or determination that it was exempt from the current dimensional requirements for setbacks and lot coverage.
(c) An existing structure converted to an accessory dwelling unit, shall not constitute a change of use under RSA 674:19 or any local zoning regulations, which would cause the existing structure to lose its status as a preexisting non-conforming structure.
3 Repeal. RSA 674:73, relative to detached accessory dwelling units, is repealed.
4 Effective Date. This act shall take effect 60 days after its passage.