SB244: relative to non-conforming structures and variances.

SB 244 - AS INTRODUCED

2022 SESSION

22-2935

08/11

SENATE BILL 244

AN ACT relative to non-conforming structures and variances.

SPONSORS: Sen. Cavanaugh, Dist 16

COMMITTEE: Election Law and Municipal Affairs

ANALYSIS

This bill makes allowances for certain non-conforming structures and makes changes to the definition of subdivision.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2935

08/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to non-conforming structures and variances.

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

1 New Paragraph; Non-conforming Structures; Conversion. Amend RSA 674:72 by inserting after paragraph X the following new paragraph:

XI. Subject to the provisions of this chapter, an existing non-conforming structure shall be allowed to be converted to an accessory dwelling unit provided the nonconformities are not increased.

2 Powers of Zoning Board of Adjustment; Special Conditions Removed. Amend RSA 674:33, I(b)(2) to read as follows:

(2) If the criteria in subparagraph (1) are not established, an unnecessary hardship will be deemed to exist if, and only if, [owing to special conditions of the property that distinguish it from other properties in the area,] the property cannot be reasonably used in strict conformance with the ordinance, and a variance is therefore necessary to enable a reasonable use of it.

3 Subdivision; Definitions. Amend RSA 485-A:2, XIII to read as follows:

XIII. "Subdivision" means the division of a tract or parcel of land into 2 or more lots, tracts, or parcels for the purpose, whether immediate or future, of sale, rent, lease, building development, or any other reason; provided, however, that sale or other conveyance which involves merely an exchange of land among 2 or more owners and which does not increase the number of owners, and on which no sewage disposal system is to be constructed shall not be deemed a subdivision for the purposes of this chapter. Without limiting the generality of the foregoing, subdivision shall include re-subdivision, and, in the case of a lot, tract or parcel previously rented or leased, the sale, condominium conveyance, or other conveyance thereof; provided however that a re-subdivision of lots in previously approved subdivisions, where lot lines are relocated to conform to necessary changes in the plans because of errors in a survey or new street, access or siting requirements, or errors in building locations, and where the lot sizes are not substantially altered shall not be deemed a subdivision for the purposes of this chapter; and provided further that a re-subdivision in which previously approved lots are grouped together to form larger lots shall not be deemed a subdivision for the purposes of this chapter. The division of a parcel of land held in common and subsequently divided into parts among the several owners shall be deemed a subdivision under this chapter. The conversion of existing improvements, whether conforming or otherwise, to the condominium form of ownership shall not be deemed a subdivision under this chapter provided the conversion does not increase the number of existing bedrooms or expand the footprints of existing structures.

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