§ 236:118 — Location Requirements

I. At the time and place set for hearing, the local governing body shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junk yard or automotive recycling yard. In passing upon the application, after proof of legal ownership or right to the use of the property by the applicant for the license period, it shall take into account the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gatherings; and whether or not the use of that proposed location can be reasonably prevented from affecting the public health, safety, or morals by reason of offensive or unhealthy odors or smoke, or of other causes.
II. In no case may a license be granted for a new junk yard or automotive recycling yard located less than 1,000 feet from the right-of-way lines of an interstate highway.
III. Unless a lesser setback is allowed by local zoning ordinance, or an ordinance adopted pursuant to paragraph IV, in no case may a license be granted for a new junk yard or automotive recycling yard located:
(a) Less than 660 feet from the right-of-way lines of a non-interstate class I, class II, class III, or class III-a highway; or
(b) Less than 300 feet from the right-of-way lines of class IV, class V, and class VI highways.
IV. In a municipality that has not enacted a zoning ordinance, the local governing body may adopt an ordinance establishing lesser setback requirements than those established in paragraph III.

Legislative History

RSA 267-A:7. 1965, 372:1. 1981, 87:1. 1985, 103:11. 1992, 265:182; 265:21. 2008, 164:7, eff. Aug. 5, 2008. 2012, 108:1, eff. July 28, 2012.