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RSA 356-B:5 · Municipal Ordinances
356-B:5 Municipal Ordinances. – No zoning or other land use ordinance shall prohibit condominiums as such by reason of the form of ownership inherent therein. Neither shall any condominium be treated differently by any zoning or other land use ordinance which would permit a physically identical project or development under a different form of ownership. No subdivision ordinance in any city or town shall apply to any condominium or to any subdivision of any convertible land, convertible space, or unit unless such ordinance is by its express terms made applicable thereto. Nevertheless, cities and towns may provide by ordinance that proposed conversion condominiums and the use thereof which do not conform to the zoning, land use and site plan regulations of the respective city or town in which the property is located shall secure a special use permit, a special exception, or variance, as the case may be, prior to becoming a conversion condominium. In the event of an approved conversion to condominiums, cities, towns, village districts, or other political subdivisions may impose such charges and fees as are lawfully imposed by such political subdivisions as a result of construction of new structures to the extent that such charges and fees, or portions of such charges and fees, imposed upon property subject to such conversions may be reasonably related to greater or additional services provided by the political subdivision as a result of the conversion. Source. 1977, 468:1, eff. Sept. 10, 1977.
Source note
Source. 1977, 468:1, eff. Sept. 10, 1977.
Source history
- 1977, 468:1, eff. Sept. 10, 1977
Related materials
Bills affecting or mentioning this RSA
- 2026 HB1026 amend
- 2026 HB1136 reference · 2026-07-01
- 2026 HB1432 amend
- 2026 HB1540-FN amend · 2026-07-01
- 2026 SB415 amend · 2027-11-01
- 2026 SB415 reference · 2027-11-01
- 2026 SB415 reference · 2027-11-01
Opinions and discipline decisions mentioning this RSA
- 2007-219 & 2008-064, DOVARO 12 ATLANTIC, LLC v. TOWN OF HAMPTON Supreme Court opinion · Jan. 9, 2009
- 2006-598, TOWN OF RYE BOARD OF SELECTMEN v. TOWN OF RYE ZONING BOARD OF ADJUSTMENT Supreme Court opinion · June 26, 2007