CHAPTER 674 LOCAL LAND USE PLANNING AND REGULATORY POWERS
Child Care Centers
Section 674:81
674:81 Child Care Centers. –
I. In this section:
(a) "Child care center" means any of the following types of child day care agency:
(1) Group child day care center, as defined in RSA 170-E:2, IV(c);
(2) Infant and toddler program, as defined in RSA 170-E:2, IV(d);
(3) Night care program, as defined in RSA 170-E:2, IV(e);
(4) Preschool program, as defined in RSA 170-E:2, IV(f);
(5) School-age program, as defined in RSA 170-E:2, IV(g);
(6) Small group child day care center, as defined in RSA 170-E:2, IV(i); or
(7) Any combination thereof in accordance with the requirements for such programs adopted in rules of the department of health and human services.
(b) "Child care center" shall not include a family day care home as defined in RSA 170-E:2, IV(a) or a family group day care home as defined in RSA 170-E:2, IV(b).
II. Notwithstanding any provision to the contrary, municipalities shall allow the operation of a child care center by right on commercially zoned land so long as the requirements of RSA 170-E and rules adopted thereunder, regarding licensure and operation of a child day care, are met. A city, town, or county in that there are located unincorporated towns or unorganized places shall not adopt or enforce any ordinance which is different from the requirements of RSA 170-E or rules adopted thereunder by the department of health and human services. However, nothing in this section shall be interpreted to prohibit municipalities from restricting the operation of a child care center in zones where industrial and manufacturing uses are permitted, unless a child care center is for the exclusive use of employees of a business located in those zones.
III. A municipality shall allow an existing building or portion thereof to be converted to a child care center, provided that the exterior dimensions of the building do not change.
IV. Nothing in this section shall be interpreted to prohibit the child care center from being subject to local site plan review regulations adopted under RSA 674:44 if the licensed capacity of the child care center will exceed 30 children.
V. Nothing in this section shall prohibit enforcement of applicable state fire, building, water supply, and sewage disposal requirements under RSA 153, RSA 155-A, and RSA 485-A.