HB 588-LOCAL - AS INTRODUCED

2003 SESSION

03-1092

06/10

HOUSE BILL 588-LOCAL

AN ACT relative to nonconforming residential uses.

SPONSORS: Rep. Hutchinson, Rock 75

COMMITTEE: Municipal and County Government

ANALYSIS

This bill grants the owner of a nonconforming residential use all of the rights afforded to other owners of residential property for alteration and expansion but allows a municipality to enforce setback requirements for any improvement.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-1092

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to nonconforming residential uses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Nonconforming Residential Uses; Improvements. Amend RSA 674:19 to read as follows:

674:19 Applicability of Zoning Ordinance. A zoning ordinance adopted under RSA 674:16 shall not apply to existing structures or to the existing use of any building. However, the owner of an existing residential structure or use shall have all of the rights afforded to other owners of residential property including the right to alter or expand such property, except that a municipality may enforce the setback requirements of a zoning ordinance for any improvement. [It] A zoning ordinance shall apply to any alteration of a building for use for a purpose or in a manner which is substantially different from the use to which it was put before alteration.

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