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RSA 674:16-a · On-site Parking Requirements

Title
LXIV: PLANNING AND ZONING
Chapter
674 · LOCAL LAND USE PLANNING AND REGULATORY POWERS
Status
current
Official source linked
Yes
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674:16-a On-site Parking Requirements. –

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I.

In this section:

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(a)

"Residential use" means lands, buildings, or structures, or portions thereof, used, designed, or intended for non-transient occupancy.

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(b)

"On-site parking requirements" means the required number of on-site parking spaces, the maximum distance of the parking spaces from the proposed use, the dimensions of the parking spaces, the angle of the parking spaces, and the hours of the day the parking spaces must be available as required by a zoning ordinance, site plan review regulation, subdivision regulation, or innovative land use control.

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(c)

"Alternative parking solution" means a proposal by an applicant to meet the parking demand created by a proposed residential use which is a substitute for meeting the on-site parking requirements prescribed by a zoning ordinance, site plan review regulation, subdivision regulation, or innovative land use control. Alternative parking solutions shall include, but not be limited to: (1) an agreement for the provision of off-site parking spaces with another owner of real property during hours which the off-site parking spaces are not in use within a quarter of a mile of the proposed residential use, (2) agreement with a rideshare company to provide transportation to the occupants of the proposed residential use, (3) availability of public transportation including fixed-route bus service within a quarter of a mile of the proposed residential use, or (4) location in a district officially designated in a municipality's master plan, or by zoning ordinance, as a downtown, town center, central business district, or village center in which there is adequate walkability infrastructure. The planning board shall not be required to approve the alternative parking solution if the results of the third-party review under RSA 676:4-b, I, conclude that the proposed alternative parking solution will not meet the parking demand created by the proposed residential use. Planning boards shall have the authority under RSA 674:16-a to approve residential uses with alternative parking solutions which may be inconsistent with the requirements of their zoning ordinance.

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(d)

"Adequate walkability infrastructure" means sidewalks, density of development, bus stops, bike lanes, mixed use neighborhoods, and other infrastructure that supports walkability.

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II.

If a proposed residential use proposes to meet the on-site parking requirements prescribed by a zoning ordinance adopted pursuant to RSA 674:16, prescribed by a site plan review regulation adopted pursuant to RSA 674:44, prescribed by a subdivision regulation adopted pursuant to RSA 674:36, or other innovative land use control adopted pursuant to RSA 674:21, with an alternative parking solution, in any of the above cases due to economic considerations, the planning board shall be required to consider such alternative parking solution.

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III.

If the applicant can demonstrate that the alternative parking solution will meet the parking demand created by the proposed residential use, a planning board shall be required to approve the alternative parking solution proposed by the applicant as a substitute for the proposed residential use meeting the on-site parking requirements.

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IV.

If a planning board during the review process of a subdivision plat, site plan, or other land use application for the proposed residential use doesn't agree with the applicant's determination that the alternative parking solution will meet the parking demand created by the proposed residential use, the planning board can request third-party review under RSA 676:4-b, I. Source. 2024, 370:13, eff. July 1, 2024.

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Source note

Source. 2024, 370:13, eff. July 1, 2024.

Source history

  • 2024, 370:13, eff. July 1, 2024

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