TITLE LXIV
PLANNING AND ZONING

CHAPTER 674
LOCAL LAND USE PLANNING AND REGULATORY POWERS

Multi-Family Residential Development on Commercially Zoned Land

Section 674:80

    674:80 Amendment to Zoning Regulations. –
I. Notwithstanding any provision to the contrary, municipalities shall allow multi-family dwelling units, as defined in RSA 674:43, I on commercially zoned land, provided that adequate infrastructure, including roads, water, and sewage systems, shall be available to support the development. Where infrastructure is not adequate it may be provided by the applicant in accordance with regulations. In determining whether infrastructure is adequate, the planning board may:
(a) For road infrastructure, require a traffic impact study to ascertain the potential impacts to the existing traffic conditions in the vicinity of the project, including but not limited to, the ability of existing road infrastructure to accommodate increased vehicular traffic, the availability of sidewalks, and infrastructure to ensure pedestrian safety.
(b) For water infrastructure, require that the applicant receive permission from the owner of a public water system to connect to the system or, in the absence of a public water system, develop a water supply in accordance with RSA 482-B and RSA 485 as applicable.
(c) For sewage infrastructure, require that the applicant receive permission from the operator of a public sewer within the boundary prescribed by RSA 147:8 or as negotiated between the applicant and operator to connect to the system.
II. The planning board may deny an application submitted pursuant to paragraph I, if the planning board determines that:
(a) The volume of traffic is not supported by the road design at the conclusion of construction, or the development's layout and design do not ensure pedestrian safety;
(b) The applicant is unable to secure a source of water or the owner of an abutting well is able to demonstrate that their well will be unable to meet existing demand; or
(c) The applicant is unable to dispose of wastewater and sewage in accordance with regulations.
III. Nothing in this section shall be interpreted to prohibit municipalities from restricting residential development in zones where industrial and manufacturing uses are permitted which may result in impacts that are incompatible with residential use, such as air, noise, dust, glare, vibration, odor, or transportation impacts.
IV. A municipality may require all available ground floor space or a percentage thereof to be dedicated to retail or similar uses.

[Paragraph V effective until September 13, 2026; see also paragraph V set out below.]


V. A municipality shall provide an exemption to any requirements regarding setbacks, height, or frontage of a building being converted to multi-family or mixed-use through adaptive reuse, provided that the building's floor area, height, and setbacks do not change.

[Paragraph V effective September 13, 2026; see also paragraph V set out above.]


V. Nothing in this section shall be construed to alter municipal authority under RSA 674:43, I to require site plan review for multi-family dwelling units. Consistent with the purpose of this section, for multi-family dwelling units proposed in commercial districts existing, created, or expanded after July 1, 2026, municipalities may impose frontage, setbacks, and height requirements; provided that such requirements shall not differ from what is allowed for commercial development. Multi-family dwelling units shall be allowed as a matter of right, and municipalities shall not enforce additional requirements unless expressly authorized by this section. Nothing in this section shall prohibit enforcement of applicable state fire, building, and other requirements under RSA 153, RSA 155-A, and RSA 485-A.

[Paragraph VI effective September 13, 2026.]


VI. A municipality shall allow pre-existing nonconforming structures to be converted to multi-family dwelling units or mixed use provided that the structure's envelope is not altered to further violate zoning district dimensional requirements.

[Paragraph VII effective September 13, 2026.]


VII. Any owner of commercially-zoned property improperly denied an application for multi-family housing, or who is subjected to requirements beyond those allowed in this section, and who is thereby required to file suit against the municipality in order to exercise the property rights thus recognized, shall be entitled to be reimbursed reasonable attorney's fees incurred as a direct result.

Source. 2025, 201:1, eff. July 1, 2026. 2026, 319:1, eff. July 1, 2026 at 12:01 a.m.; 329:6, eff. Sept. 13, 2026.