HB1304: relative to notice for zoning rehearings.

HB 1304-LOCAL - AS INTRODUCED

2003 SESSION

03-2242

06/10

HOUSE BILL 1304-LOCAL

AN ACT relative to notice for zoning rehearings.

SPONSORS: Rep. Ahern, Belk 29

COMMITTEE: Municipal and County Government

ANALYSIS

This bill requires that abutters be notified for a rehearing of a zoning decision in the same manner as for the original hearing.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2242

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to notice for zoning rehearings.

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

1 Motion for Rehearing of Board of Adjustment, Board of Appeals, and Local Legislative Body Decisions; Notice Added. Amend RSA 677:2 to read as follows:

677:2 Motion for Rehearing of Board of Adjustment, Board of Appeals, and Local Legislative Body Decisions. Within 30 days after any order or decision of the zoning board of adjustment, or any decision of the local legislative body or a board of appeals in regard to its zoning, the selectmen, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order, specifying in the motion for rehearing the ground therefor; and the board of adjustment, a board of appeals, or the local legislative body, may grant such rehearing if in its opinion good reason therefor is stated in the motion. This 30-day time period shall be counted in calendar days beginning with the date upon which the board voted to approve or disapprove the application; provided however, that if the moving party shows that the minutes of the meeting at which such vote was taken, including the written decision, were not filed within 144 hours of the vote pursuant to RSA 676:3, II, the person applying for the rehearing shall have the right to amend the motion for rehearing, including the grounds therefor, within 30 days after the date on which the written decision was actually filed. If the decision complained against is that made by a town meeting, the application for rehearing shall be made to the board of selectmen, and, upon receipt of such application, the board of selectmen shall hold a rehearing within 30 days after receipt of the petition. Following the rehearing, if in the judgment of the selectmen the protest warrants action, the selectmen shall call a special town meeting. Notice of a rehearing shall be provided in accordance with the notice required in RSA 676:7.

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