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Planning board backs removing annual certificate requirement for accessory dwelling units and forwards change to city council

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Summary

The Planning Board voted to remove an annual certificate‑of‑use requirement for accessory dwelling units after legal review found such an annual permit is not allowed under RSA; the board will forward the ordinance change to the city council.

The Somersworth Planning Board voted to support an ordinance amendment removing a required annual certificate‑of‑use for accessory dwelling units (ADUs) and will forward the revised language to the Somersworth City Council for action.

Michelle Mears, the planning director, told the board the city attorney and staff review concluded that the proposed annual certificate requirement in section 19.24(k) is not legal because state law (cited in the discussion as RSA 674:16, subparagraph V) does not permit an annually renewable local certificate as a separate local regulatory burden on ADUs. The proposed change removes section 19.24(k), which had required a yearly renewal and fee for ADU certificates. The mayor’s housing task force reviewed the change and supported removal of the annual renewal provision.

Planning Board member David Witham moved that the board support removing section 19.24(k) and forward the ordinance revision to the city council; Jeremy Rhodes seconded the motion and the board approved it by voice vote. The board recorded no public opposition during the meeting.

The board noted that removing the annual certificate aligns with state legal guidance and reduces an ongoing administrative requirement for ADU owners. The revision will appear on a future city council agenda for consideration and final action.