HB 506 - AS INTRODUCED
2001 SESSION
08/01
HOUSE BILL 506
COMMITTEE: Municipal and County Government
This bill eliminates the authority of zoning boards of adjustment to issue use variances.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-0741
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT prohibiting the granting of certain variances from zoning ordinances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Powers of Zoning Board of Adjustment; Variances From Zoning Ordinances. Amend RSA 674:33 by inserting after paragraph V the following new paragraph:
VI.(a) The zoning board of adjustment may grant an area variance only, under authority of this section. The zoning board of adjustment may not grant a use variance.
(b) For purposes of this title:
(1) An "area variance" means a variance which does not involve a use prohibited by a zoning ordinance, including but not limited to nonconforming frontage and lot size requirements.
(2) A "use variance" means a variance which permits a use of land not authorized by a zoning ordinance, including but not limited to an industrial use in a residential district.
2 Effective Date. This act shall take effect 60 days after its passage.