HB 189  - AS INTRODUCED

 

 

2021 SESSION

21-0369

10/04

 

HOUSE BILL 189

 

AN ACT relative to accessory dwelling units.

 

SPONSORS: Rep. Vann, Hills. 24; Rep. Caplan, Merr. 6; Rep. Conley, Straf. 13

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill allows as a right the addition of up to 3 accessory dwelling units on a single-family dwelling.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0369

10/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to accessory dwelling units.

 

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

 

1  Local Land use Planning and Regulatory Powers; Accessory Dwelling Units.  Amend RSA 674:72, I and II to read as follows:

I.  A municipality that adopts a zoning ordinance pursuant to the authority granted in this chapter shall allow accessory dwelling units as a matter of right or by either conditional use permit pursuant to RSA 674:21 or by special exception, in all zoning districts that permit single-family dwellings. [One] Up to 3 accessory dwelling [unit] units on a single-family dwelling shall be allowed without additional requirements for lot size, frontage, space limitations, or other controls beyond what would be required for a single-family dwelling without an accessory dwelling unit. The municipality is not required to allow more than [one] 3 accessory dwelling [unit] units for any single-family dwelling. The municipality may prohibit accessory dwelling units associated with multiple single-family dwellings attached to each other such as townhouses, and with manufactured housing as defined in RSA 674:31. Subsequent condominium conveyance of any accessory dwelling unit separate from that of the principal dwelling unit shall be prohibited, notwithstanding the provisions of RSA 356-B:5, unless allowed by the municipality.

II. If a zoning ordinance contains no provisions pertaining to accessory dwelling units, then [one] up to 3 accessory dwelling [unit] units shall be deemed a permitted accessory use, as a matter of right, to any single-family dwelling in the municipality, and no municipal permits or conditions shall be required other than a building permit, if necessary.

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