CHAPTER 286
HB 534 – FINAL VERSION
06/03/09 1958s
2009 SESSION
03/04
HOUSE BILL 534
AN ACT relative to the selection of members of zoning boards of adjustment.
SPONSORS: Rep. Butterworth, Ches 4; Rep. Butynski, Ches 4; Rep. Carr, Ches 4; Rep. Lindsey, Ches 3; Rep. Parkhurst, Ches 4
COMMITTEE: Municipal and County Government
This bill establishes procedures for a local legislative body to change whether it appoints or elects members of the zoning board of adjustment.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06/03/09 1958s
09-0302
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the selection of members of zoning boards of adjustment.
Be it Enacted by the Senate and House of Representatives in General Court convened:
286:1 Establishment of Zoning Board of Adjustment. Amend RSA 673:1, IV to read as follows:
IV. Every zoning ordinance adopted by a local legislative body shall include provisions for the establishment of a zoning board of adjustment. Members of the zoning board of adjustment shall be either elected or appointed, subject to the provisions of RSA 673:3.
286:2 Zoning Board of Adjustment; Change in Method of Selection. Amend RSA 673:3, II-III to read as follows:
II. Zoning board of adjustment members who are elected shall be elected for the term provided under RSA 673:5, II. A local legislative body which has previously provided for the appointment of zoning board of adjustment members may rescind that action by majority vote and choose to elect board members. The terms of appointed members of zoning boards of adjustment in municipalities in office on the effective date of an affirmative decision to elect such board members shall not be affected by the decision. However, when the term of each member expires, each new member shall be elected at the next regular municipal election for the term provided under RSA 673:5, II.
III. A local legislative body which has provided for the election of zoning board of adjustment members may rescind that action by majority vote, in which event members shall thereafter be appointed in a manner prescribed by the local legislative body. The elected board shall, however, continue in existence, and the elected members in office may continue to serve until their successors are appointed and qualified.
III-a. A local legislative body’s decision to change from an elected to an appointed zoning board of adjustment, or from an appointed to an elected zoning board of adjustment, may be made without amending the zoning ordinance. In a town operating under the town meeting form of government, the decision may be made at any annual or special town meeting. If the town has adopted the official ballot for the election of town officers, the question may be, but is not required to be, placed on the official ballot. If the question is not placed on the official ballot, the question shall be placed in the warrant and shall be voted on as a separate article at the town meeting.
286:3 Effective Date. This act shall take effect January 1, 2010.
Approved: July 29, 2009
Effective Date: January 1, 2010