Except as herein provided, no building or land shall be used
except for the purposes permitted in the district as described in
this article. A permit for the construction, alteration, enlargement,
moving, demolition, or use of a building or structure shall not be
issued by the Building Code Official unless it complies with the provisions
of this article and/or has been granted a variance or special exception
by the Zoning Board of Adjustment.
No junkyard or place for the storage of discarded machinery,
vehicles, or other scrap materials shall be maintained in any district.
No owner or occupant of land in any district shall permit a
fire or other ruins to be left, but shall remove the same within one
year.
Any persistent uses that may be obnoxious or injurious by reason
of the production or emission of odor, dust, smoke, refuse matter,
fumes, noise, vibration, or similar conditions or that are dangerous
to the comfort, peace, enjoyment, health, or safety of the community
are prohibited.
[Amended 7-13-2011; 3-28-2023]
No sign shall be constructed in any district unless it is in compliance with Article IX of this chapter.
[Amended 7-13-2011]
All development shall comply with the parking requirements specified
in the Bedford Land Development Control Regulations and as required
by the Planning Board.
[Amended 3-12-1996]
All duplex and multiple dwelling units and nonresidential development
shall comply with the Nonresidential Site Plan Review Regulations
of the Town of Bedford.
All wastewater and sewage disposal systems shall be constructed
and maintained in accordance with the standards set and enforced by
the Water Supply and Pollution Control Division (WSPCD) of the New
Hampshire Department of Environmental Services (NHDES).
No person shall park or occupy any trailer on the premises of
any occupied dwelling or on any lot which is not a part of the premises
of any occupied dwelling, except as follows:
A.
The parking of one trailer in a private garage building or in a rear
yard is permitted provided that said trailer is not occupied and the
trailer belongs to the owner or lessee of the land it occupies.
B.
The temporary use of a trailer by a person engaged in adjoining construction
work or for whom a residence is being built, provided that such use
is shown to be a temporary expediency, may be permitted by the Zoning
Administrator. The Zoning Administrator shall grant such permission
for a period not to exceed three months excepting that he/she may
renew in his/her discretion such permission at the expiration of said
three-month period.
[Amended 3-8-1994]
C.
Any property owner or lessee may accommodate one trailer of a nonpaying
guest in their rear yard for a period not exceeding 30 days in any
one year.
No property owner shall permit any excavation of earth materials
on his or her premises without first obtaining Planning Board approval
in accordance with the Town of Bedford's Site Plan Regulations for
Excavations.
[Added 3-9-1993; amended 3-13-2001]
A.
Purpose. This section is enacted pursuant to RSA 674:21, and in order
to:
(1)
Promote the public health, safety and welfare, and prosperity;
(2)
Ensure that adequate and appropriate facilities are available to
individuals who may come to be located in the Town of Bedford;
(3)
Prevent scattered or premature development of land as would involve
danger or injury to health, safety, or prosperity by reason of the
lack of water supply, drainage, transportation, schools, fire protection,
or other public services, or necessitate the excessive expenditure
of public funds for the supply of such services;
(4)
Provide for the harmonious development of the municipality and its
environs;
(5)
Ensure the proper arrangement and coordination of streets; and
(6)
Ensure streets of sufficient width to accommodate existing and prospective
traffic.
B.
IMPACT FEE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A fee or assessment imposed upon development, including subdivision,
building construction, or other land-use change, in order to help
meet the needs occasioned by the development for the construction
or improvement of capital facilities owned or operated by the municipality,
including and limited to water treatment and distribution facilities;
wastewater treatment and disposal facilities; sanitary sewers; stormwater,
drainage and flood-control facilities; public road systems and rights-of-way;
municipal office facilities; public school facilities; the municipality's
proportional share of capital facilities of a cooperative or regional
school district of which the municipality is a member; public safety
facilities; solid waste collection, transfer, recycling, processing
and disposal facilities; public libraries; and public recreation facilities,
not including permanently unimproved open space.
C.
Authority to assess impact fees. The Planning Board is hereby authorized
to assess impact fees, as herein defined, and in accordance with the
standards herein set forth. The Planning Board shall have the authority
to adopt regulations to implement the provisions of this chapter.
Impact fee formulas may be adopted in the Bedford Zoning Ordinance,
the Bedford Subdivision Regulations, and/or the Bedford Nonresidential
Site Plan Regulations.
D.
Assessment methodology.
(1)
The amount of any impact fee shall be a proportional share of municipal
capital improvement costs which is reasonably related to the capital
needs created by the development, and to the benefits accruing to
the development from the capital improvements financed by the fee.
(2)
Upgrading of existing facilities and infrastructures, the need for
which is not created by new development, shall not be paid for by
impact fees.
(3)
In the case of development created by a change of use, redevelopment,
expansion, or modification of an existing use, the capital facilities
fee shall be based upon the net positive increase in the impact created
by the new use as compared to that which was or would have been assessed
for the previous use.
E.
Administration of impact fees.
(1)
Each impact fee shall be accounted for separately, shall be segregated
from the Town's general fund, may be spent upon order of the governing
body, and shall be used solely for the capital improvements for which
it was collected, or to recoup the cost of capital improvements made
in anticipation of the needs for which fees are collected to meet.[1]
(2)
All impact fees shall be assessed at the time of Planning Board approval
of a subdivision or site plan. When no Planning Board approval is
required, or has been made prior to the adoption of this section,
impact fees shall be assessed prior to, or as a condition for the
issuance of a building permit or other appropriate permission to proceed
with development.
[Amended 3-8-2005]
(3)
Impact fees shall be collected at the time a certificate of occupancy
is issued. If no certificate of occupancy is required, impact fees
shall be collected when the development is ready for its intended
use.
[Amended 3-8-2005]
(4)
The Town of Bedford and the assessed party may establish an alternate,
mutually acceptable schedule of payment of impact fees in effect at
the time of subdivision plat or site plan approval by the Planning
Board.
[Amended 3-8-2005]
(5)
If an alternate schedule of payment is established, the Town of Bedford
may require developers to post bonds, letters of credit, accept liens,
or otherwise provide suitable measures of security so as to guarantee
future payment of the assessed impact fees.
[Amended 3-8-2005]
(6)
In the event that bonds or other debt instruments have been issued
for public capital facilities which were constructed in anticipation
of new development, or are issued for advanced provision of capital
facilities identified in this chapter, capital facilities fees may
be used to pay debt service on such bonds or similar debt instruments.
F.
Waiver and appeal of fees.
(1)
Any person may request from the Planning Board, a full or partial
waiver of capital facilities fee payments required by this section
where it can be shown that reduced impact or no new impact will be
created due to mitigating circumstances.
(2)
On-site and off-site improvements which are required by the Planning Board as a result of subdivision or site plan review, including but not limited to extension of water and sewer mains or the construction of roads or other infrastructure, which would have to be completed by the developer regardless of the capital facilities fee provisions, shall not be considered eligible for waiver under this section. Any aggrieved party may appeal any decision under this § 275-20 to the Superior Court as provided for in RSA 677:15.[2]
G.
Refund of fees paid. Any fee payer shall be entitled to a refund
of that fee, plus accrued interest where:
(1)
The capital facilities fee has not been encumbered or legally bound
by the Town Council to be spent for the purpose for which it was collected
within a period of six years from the date of the final payment of
the fee; or
(2)
The Town Council has failed, within the period of six years from
the date of the final payment of such fee, to appropriate the nonfee
share of related capital improvement costs.
H.
Credits.
(1)
Land for capital facilities and/or public capital facility improvements
may be offered by the fee payer as total or partial payment of the
required fee. The offer must be determined to represent an identifiable
dollar value computed in a manner acceptable to the Planning Board.
(2)
The Planning Board may authorize to the fee payer a capital facilities
fee credit in the amount of the value of the contribution. Any claim
for credit must be made no later than the application acceptance and
public hearing on the development proposal before the Planning Board.
Determinations made by the Planning Board pursuant to the credit provisions
of this section may be appealed to the Superior Court as provided
by RSA 677:15.
I.
Periodic review of fee schedules. The capital facilities fee schedules
found in the Bedford Land Development Control Regulations shall be
reviewed annually by the Planning Board using the methodology established
in the schedules. Such review may result in the Planning Board recommending
to the Town Council that adjustments be approved in one or more of
the fees. Adjustment of the fees shall not be approved more frequently
than once per fiscal year. Schedule adjustments to the recreation
impact fee or the Kilton Road impact fee which would change the methodology
prescribed in the Bedford Land Development Control Regulations shall
be made only by amendment to this chapter.[3]
J.
Applicability. This chapter shall not be deemed to affect the existing
authority of the Planning Board over subdivisions and site plans,
including but not limited to the authority to declare a development
to be premature or scattered in accordance with the regulations of
the Board and in accordance with RSA 674:36, II(a).
The following Subsections A through F below refer to the Table
2, Table of Uses, which is located at the end of this chapter.
A.
Uses permitted by right.
(1)
A use listed in the Table of Uses is permitted as a matter of right
in the district in which it is denoted by the letter "P," subject
to all other applicable local, state, and federal regulations.
(2)
Wireless telecommunications facilities. Facilities that are less
than six feet in height, mounted at ground level or mounted on a building,
and less than 200 square feet in area (such as residential satellite
dishes and TV antennas) shall be permitted by right in all zoning
districts, subject to the existing building setback requirements of
each zoning district, and no building permit shall be necessary for
erections of such a facility.
[Added 3-11-1997]
B.
Uses permitted by right with conditions imposed.
(1)
"P" listings in Table of Uses. A use listed in the Table of Uses
and denoted by the letter "P" and a superscript number (footnote)
indicates a use that is permitted by right only when in compliance
with the conditions imposed as specified in the appropriate footnote(s);
subject to all other applicable local, state, and federal regulations.[1]
(2)
Elderly housing. Elderly housing shall be permitted in the zoning
districts as set forth in Table 2[2] subject to the following provisions:
[Added 3-9-1993[3]]
(a)
ELDERLY HOUSING
[1]
[2]
Definition. As used in this section, the following terms shall
have the meanings indicated:
[Amended 3-8-2005]
Any housing intended and operated for occupancy by at least
one person 55 years of age and older. All elderly housing developments
shall include a minimum of 25% of the units as affordable housing
for low-income elderly persons. Affordable housing as used in this
section, shall mean rental, lease, or ownership interest in housing
which is subsidized for a minimum period of 30 years through either
governmental, public, or private mechanisms, including tax credits,
for persons with a household income limit not exceeding 80% of the
area median income for households of various sizes (AMI) established
by the United States Department of Housing and Urban Development for
the metropolitan statistical area which includes the Town of Bedford.
Elderly housing shall provide, and make available to residents
therein, significant on-site facilities and services specifically
designed to meet the physical or social needs of older persons, including
but not limited to dining facilities; housekeeping services; security
services; group transportation; and personnel response services. The
Planning Board may waive some or all of the facilities or services
where:
(b)
Dimensional regulations.
[1]
Minimum lot area shall be one acre;
[2]
Minimum lot frontage shall be 100 feet on a Class II, IV, or
V roadway;
[3]
Minimum setbacks shall be 35 feet at the front yard and 25 feet
at the side and rear yards;
[4]
Maximum building height shall be 48 feet; and
[5]
Minimum green space shall be 30% of the total site acreage.
(d)
Special conditions. Elderly housing shall be served by municipal
sewer, municipal water, group transit services, and structures shall
be fully sprinklered.
(e)
Site plan. Elderly housing proposals shall be subject to the
provisions of the Site Plan Review Regulations of the Town of Bedford.
[2]
Editor's Note: Table 2 is included at the end of this chapter.
(3)
Elderly housing in cluster residential developments. Elderly housing
shall be permitted in cluster residential developments in the Residential/Agricultural
Zone and the General Residential Zone subject to the following provisions:
[Added 3-11-2003]
(a)
Definition. The term "elderly housing" as used in this section
shall mean housing intended and operated for occupancy by at least
one person 55 years or older per unit.
(4)
Workforce housing. Workforce ownership and rental housing shall be
permitted in the General Residential, Apartment Residential, Performance
Zone and Service Industrial Zoning Districts subject to the following
provisions:
[Added 3-10-2009; amended 3-12-2019]
(a)
Development criteria.
[1]
At least 1/4 of the units in the development meet the affordability requirements for workforce housing in § 275-6 of this chapter.
[Amended 3-11-2014]
[2]
Retain the development criteria and affordability standards
herein for a minimum period of 30 years through a suitable deed restriction,
easement or other instrument deemed acceptable to the Bedford Planning
Board and as monitored through annual reports for workforce rental
housing units and prior to the time of unit sale or resale for workforce
ownership units provided to the Bedford Planning Department.
[3]
Occupancy in the development is not restricted to any age group.
[4]
The development provides more than 50% of the units in the development
with two or more bedrooms.
[5]
Workforce housing units shall be similar in exterior appearance
and otherwise visually indistinguishable from market-rate units and
dispersed throughout the development.
[6]
Workforce housing units must be constructed in proportional
relationship to market-rate units in the development, and all workforce
housing units must be completed and made available for sale or rental
before the final 10% of the market-rate units are approved for occupancy.
(b)
Dimensional regulations.
[1]
In the AR, CO, CO-2, OF and SI Zones:
[Amended 3-13-2012]
[a]
Minimum lot area shall be one acre;
[b]
Minimum lot frontage shall be 100 feet on a Class
II, IV, or V roadway;
[c]
Minimum setbacks shall be 35 feet at the front
yard and 25 feet at the side and rear yards;
[d]
Maximum building height shall be 48 feet ; and
[e]
Minimum green space shall be 30% of the total site
acreage.
[2]
The dimensional standards listed in Subsection B(4)(b)[1] above shall apply to workforce housing in the GR Zone except for the following: Maximum building height shall be 35 feet.
(c)
Density.
[1]
In the AR, CO-2, PZ and SI Zones a maximum of 12 dwelling units
per acre of net developable area shall be permitted. There shall be
a maximum of 12 units in any one building in the AR and PZ Zones and
no restrictions as to the number of units in one building in the CO-2
and SI Zones.
[Amended 3-13-2012; 3-12-2019]
[a]
Net developable area is that portion of the tract which remains
after deducting the land area of all surface water bodies; wetlands;
and public/private rights-of-way for streets and utilities. In the
case of mixed-use sites, building footprints and paved areas for parking
and circulation, which are not also used by the workforce housing
development, shall be deducted.
[2]
In the GR Zone each building shall have a minimum lot area of
40,000 square feet plus 4,000 square feet per dwelling unit. There
shall be a maximum of 12 units in any one building.
(d)
Special conditions. Workforce housing shall be served by municipal
sewer and municipal water, and structures shall be fully sprinklered.
(e)
Site plan. Workforce housing proposals shall be subject to the
provisions of the Site Plan Review Regulations of the Town of Bedford.
(5)
Workforce ownership housing. Workforce ownership housing shall be
permitted in the Residential and Agricultural and the General Residence
Zoning Districts subject to the following provisions:
[Added 3-10-2009; 3-12-2019]
(a)
Each workforce ownership housing structure may contain up to
four dwelling units or single-family detached workforce ownership
housing structures may be constructed on individual lots having a
lot frontage and lot area that is 1/3 smaller than is otherwise permitted
in the zoning district. These provisions do not supersede compliance
with ENV-Ws 1005.06 of the Subdivision and Individual Sewage Disposal
System Design Rules of the New Hampshire Department of Environmental
Services.
(b)
All of the bonus units gained under this provision must meet the affordability requirements for workforce ownership housing in § 275-6 of this chapter.
(c)
Workforce ownership units must retain the development criteria
and affordability standards herein for a minimum period of 30 years
through a suitable deed restriction, easement or other instrument
deemed acceptable to the Bedford Planning Board (the "affordability
restriction") and as monitored through reports provided to the Bedford
Planning Department prior to the time of unit sale or resale; and
the thirty-year affordability restriction shall recommence upon the
sale of workforce ownership property subject to the affordable restriction
if the workforce ownership property is sold prior to the expiration
of the current affordability restriction.
(d)
Occupancy in the development is not restricted to any age group.
(e)
Developments with workforce ownership housing units shall provide
more than 50% of the units in the development with two or more bedrooms.
(f)
Workforce ownership housing units must be constructed in proportional
relationship to market-rate units in the development, and all workforce
housing units must be completed and made available for sale before
the final 10% of the market-rate units are approved for occupancy.
(g)
Workforce ownership housing units shall be similar in scale
and exterior appearance and be otherwise visually indistinguishable
from market-rate units in the development and dispersed geographically
throughout the development.
C.
Uses permitted by special exception.
(1)
"S" listings in Table of Uses. A use listed in the Table of Uses and denoted by the letter "S" may be permitted as a special exception if such approval is granted by the Zoning Board of Adjustment in accordance with the conditions set forth in § 275-91C, Special exceptions, of this chapter; subject to all other applicable local, state, and federal regulations. Footnote conditions may also be specified in addition to the special exception requirements.
(3)
Nursing homes. Nursing homes shall be permitted in the General Residential Zoning District by special exception of the Zoning Board of Adjustment, subject to existing standards set forth in § 275-91C, Special exceptions, of this chapter and with these further conditions:
[Added 3-9-1993]
(a)
The lot shall be a minimum of five acres;
(b)
The site shall comply with the buffer zone requirements of § 275-21F(2) of this chapter; and
(c)
The site shall be served by municipal sewer and municipal water.
D.
Prohibited uses. Prohibited uses shall be denoted by a (-) in the
Table of Uses. Unless a use is specifically permitted in a district
as indicated in the Table of Uses, it shall be prohibited.
E.
Nonconforming uses. Refer to § 275-91C, Special exceptions, for provisions regarding nonconforming uses.
F.
Supplemental provisions.
(1)
Home occupations.
(a)
In the zoning districts which permit the establishment of a
home occupation, there shall be two classes of home occupations identified
as Level I and Level II. All home occupations must comply with the
following provisions:
[1]
Not more than one commercial vehicle in connection with such
home occupation shall be stored on the premises;
[2]
No more than 650 square feet of the existing net floor area
of the principal building, including any attached garage or barn,
shall be devoted to such use;
[Amended 3-8-2005]
[3]
There shall be no display of goods or wares visible from the
street; and
[4]
The building and premises occupied shall not be rendered objectionable
or detrimental to the residential character of the neighborhood because
of exterior appearance, traffic, emissions of odor, smoke, dust, noise,
electrical disturbance, on-site storage of hazardous materials as
determined by the Bedford Fire Department, or in any other way.
(c)
All other home occupations shall be defined as Level II home
occupations and shall require a home occupation permit hearing and
approval from the Planning Board. The following provisions shall apply
specifically to Level II home occupations:
[1]
The home occupation shall be carried on strictly by the owner
of the principal building, who shall also reside in said building.
Should the owner move his/her residence, the home occupation must
be discontinued within three months;
[2]
No more than two nonresidents shall be employed or otherwise
engaged in the conduct of the business therein;
[3]
A minimum of two off-street parking spaces shall be provided
plus 1 1/2 spaces per employee;
[4]
If the home occupation is a day-care facility, no more than
12 children shall be permitted, and a minimum of 50 square feet of
outside play area for each enrolled child shall be provided. No portion
of the outside play area shall be located within 25 feet of the side
or rear property lines. In addition, off-street parking must be provided
for employees plus an appropriate off-street area for dropoff and
pickup of children must also be provided;
[Amended 3-9-2010]
[5]
Septic system design/capacity for home occupations that have
any nonresident employees or that utilize large water or wastewater
volumes, such as day-care facilities, hair salons, and catering services,
shall be verified in writing by a licensed New Hampshire septic designer
or a professional engineer; and
[Amended 3-11-2008]
[6]
A certificate of occupancy for the proposed use shall be issued
by the Building Code Official to verify conformance with the preceding
standards.
[Amended 3-9-1999]
(2)
Buffer zone.
(a)
A buffer zone shall be provided along the property line of a
development in the Apartment Residential Zone or any type of commercial
or industrial development which abuts or is directly across the street
(excluding a limited access highway) from a General Residential Zone,
Residential and Agricultural Zone, or a Civic and Institutional Zone
in the following manner:
[1]
Function and materials. The buffering shall provide a year-round
dense visual screen in order to minimize adverse impacts. It shall
consist of evergreen trees and existing vegetation or, upon approval
from the Planning Board, may include fencing, berms, boulders, mounds,
deciduous vegetation, or combinations thereof to achieve the same
objectives.
[2]
Buffer strip width.
[a]
The width of the required buffer strip shall be
calculated by the formula of 25 feet plus one foot of horizontal distance
for each one foot of vertical building height, for a total buffer
width of not less than 50 feet.
[b]
Building height shall be measured from the lowest
existing grade along the abutting residential/civic property line
to the soffit (or highest horizontal support) of the proposed building
which is visible from the abutting zoning district.
[3]
Design and planting specifications.
[a]
Arrangement of plantings in buffers shall provide
maximum protection to adjacent properties and avoid damage to existing
plant material. No parking, roadway, or structure shall be located
within any part of the buffer.
[b]
The vegetative planting portion of the buffer shall
be at least 25 feet in width and shall consist of evergreen trees,
of which 1/3 of the trees shall be at least eight feet in height and
the remainder not less than six feet in height at the time of planting
and shall include a mixture of varieties which do not lose lower branches,
such as Austrian pine and spruce.
[c]
Trees shall be planted 10 feet on center and shall
be staggered in parallel, serpentine, and/or broken rows.
[d]
Plantings shall be installed according to accepted
horticultural standards and shall be maintained regularly.
[e]
Dead and dying plants shall be replaced by the
property owner during the next planting season.
(b)
The diagram in Figure 13, Buffer Zone Planting Diagram, illustrates
the concepts discussed above.[6]
[6]
Editor's Note: Figure 13 is included as an attachment to this chapter.
G.
Boarding- , lodging, or rooming house. Boarding- , lodging, or rooming
houses shall not be permitted in any zoning district.
[Added 3-14-2000]
H.
Alternative treatment centers. Pursuant to the authority provided
in RSA 674:21, the Planning Board may grant a conditional use permit
for an alternative treatment center (cultivation location) in the
Service Industrial District (SI District) and may grant a conditional
use permit for an alternative treatment center (non-cultivation location)
in the Performance District (PZ District).
[Added 3-8-2016]
(1)
Purpose and intent. The purpose of this subsection is to implement
NH RSA 126-X, authorizing the use of therapeutic cannabis, and to
regulate the location and operations of alternative treatment centers,
so as to promote and protect the public health, safety and welfare
of the residents of the Town of Bedford. The intent of this Subsection
is to:
(a)
Provide for the safe sale and distribution of therapeutic cannabis
to patients who qualify to obtain, possess and use cannabis for medical
purposes under RSA 126-X and as managed by the New Hampshire Department
of Health and Human Services; and
(b)
Protect public health and safety through reasonable limitations
on business operations as they relate to location, noise, air, building,
neighborhood and patient safety, security for the business and its
personnel, and other health safety concerns.
(2)
The following criteria must be satisfied in order for the Planning
Board to grant a conditional use permit for an alternative treatment
center:
(a)
An alternative treatment center shall not be located within
1,000 feet of the property line of a public or private elementary
or secondary school or designated drug-free zone.
(b)
An alternative treatment center (non-cultivation location) shall
not be located within 1,000 feet of a residential district (R&A,
AR, GR).
(c)
The alternative treatment center shall be located in a permanent
building and may not be located within a trailer, manufactured home,
cargo container, or any structure that has axles with wheels. Drive-through
services at an alternative treatment center are prohibited.
(d)
Hours of operation shall be approved by the Planning Board.
(e)
The alternative treatment center shall provide for the proper
disposal of cannabis remnants or byproducts, which remnants or byproducts
shall not be placed in the facility's exterior refuse containers.
(f)
A security plan shall be reviewed and approved by the Bedford
Police Department. The security plan must take into account the measures
that will be taken to ensure the safe delivery of any product to the
facility (including permitted times for delivery), how the product
will be secured onsite, and how patient transactions will be facilitated
in order to ensure safety. The applicant shall provide to the Police
Department a detailed narrative and floor plan, as well as any other
relevant documentation, describing how the alternative treatment center
shall be secured.
(g)
The use of cannabis is prohibited on the property.
(h)
The alternative treatment center shall emit no cannabis-related
fumes, vapors, or odors which can be smelled or otherwise perceived
from beyond the lot lines or the property where the facility is located.
I.
Accessory attached apartment. One accessory attached apartment shall
be permitted in single-dwelling residences in the General Residential
(GR) District and the Residential and Agricultural (R&A) District
with these stipulations:
[Added 3-8-2016]
(1)
An accessory apartment shall be clearly incidental to the primary
use of the property for a single dwelling, and such accessory living
space shall not exceed 1,000 square feet;
(2)
An accessory apartment shall either be constructed within or attached
to a single dwelling;
(3)
The primary residence and the accessory apartment shall be connected
by an interior doorway such that the accessory apartment is attached
to the primary residence through habitable interior space.
[Amended 3-14-2017]
(4)
Septic system design/capacity shall be approved by the New Hampshire
Department of Environmental Services;
(5)
No new entrance or exit to an accessory apartment shall be constructed
facing the front of the single dwelling;
(6)
One parking space shall be provided for an accessory apartment, and
no new curb cut from the street shall be constructed; and
(7)
Exterior construction and materials shall be uniform with the single
dwelling.
J.
Accessory detached apartment.
[Added 3-8-2022]
(1)
The Planning Board may grant a conditional use permit to allow one
accessory detached apartment on parcels containing a single-family
dwelling in the Residential and Agricultural District (R&A). An
application for a conditional use permit shall provide adequate documentation
in order for the Planning Board to make a finding that the modification
meets the criteria listed below. The Planning Board may, in its discretion,
decline to grant a conditional use permit if the Board determines
the criteria below are not satisfied.
(2)
The Planning Board may grant a conditional use permit, provided the
Board finds that all of the following criteria are met:
(a)
Only one accessory apartment, either attached or detached, shall
be permitted per lot.
(b)
The accessory detached apartment shall be clearly incidental
to the primary use of the property for a single dwelling, and shall
not have a gross floor area greater than 50% of the gross floor area
of the single-family dwelling or greater than 1,000 square feet, whichever
is less.
(c)
Septic system design capacity shall be approved by the New Hampshire
Department of Environmental Services.
(d)
One parking space shall be provided for an accessory apartment,
and no new driveway curb cut from the street shall be constructed.
(f)
The accessory detached apartment or lot shall not be converted
to a condominium or any other form of legal ownership distinct from
the ownership of the single dwelling.
(g)
The accessory detached apartment shall have no more than two
bedrooms.
(h)
The accessory detached apartment shall be located in the rear
yard or side yard of the lot.
(i)
Exterior design of a detached accessory apartment shall be compatible
with the existing single dwelling through use of similar construction
materials, architectural design and scale.
(j)
In granting a conditional use permit pursuant to this section,
the Planning Board may impose any reasonable conditions or restrictions
deemed necessary to carry out the intended purpose of the Zoning Ordinance.
K.
Solar energy systems. Pursuant to the authority provided in RSA 674:17I(j) and the purposes outlined in RSA 672:1, Subsections I through III-a, as amended, the purpose of this subsection is to facilitate the effective and efficient use of solar energy systems while protecting the public health, safety and welfare of the residents of the Town of Bedford. Solar energy systems are permitted in all zoning districts, subject to the following provisions:
[Added 3-8-2022]
(1)
A building permit is required for all solar energy systems constructed,
reconstructed, installed, moved or maintained within the Town of Bedford
and shall comply with the following regulations:
(a)
Zoning. Roof-mounted and small-scale ground-mounted solar energy
systems are a permitted accessory use within all zones, whether as
part of a structure or incidental to one or more structures.
(b)
Height. Roof-mounted solar energy systems are exempt from maximum building height limits outlined in Chapter 275, Attachment 1 (Table 1 — Table of Dimensional Regulations), and Chapter 275, Attachment 3 (Table 3 — Table of Performance Dimensional Standards). Ground-mounted solar energy systems may be up to 20 feet in height, measured from the natural grade at the base of the system to the highest point of the system, when oriented at maximum design tilt.
(c)
Setback. All ground-mounted solar energy systems shall comply
with the setback requirements of the underlying zoning district and
shall be measured from the closest point of the system, when oriented
at maximum design tilt.
(d)
Yard. Ground-mounted solar energy systems accessory to a principal
use in the RA, GR, and AR Districts shall be installed in the side
or rear yard and in all other districts to the extent practicable.
(e)
Lot coverage and impervious surface. The area covered by ground-mounted
solar energy systems, where the ground beneath is permeable or pervious,
shall not be included in calculations for lot coverage or impervious
cover. All solar energy system installations shall comply with state
and local permit requirements for land disturbance and alteration
of terrain.
(f)
Minimum construction standards. All solar energy systems shall
conform to applicable building, electrical and fire codes.
(g)
Glare. Solar energy systems shall be designed and located in
order to prevent reflective glare toward inhabited buildings on adjacent
properties and adjacent rights-of-way.
(h)
Abandonment and decommissioning. Solar energy systems shall
be deemed to be abandoned if operations have discontinued for more
than six months without the written consent of the Planning Director.
An abandoned system shall be removed and the site restored within
six months of abandonment.
(2)
The following criteria must be satisfied in order for the Planning
Board to grant a conditional use permit for a solar energy system:
(b)
The development in its proposed location will comply with all
applicable requirements of the Bedford Site Plan Regulations not otherwise
covered in this section, as well as specific conditions established
by the Planning Board.
(c)
The use will not materially endanger the public health or safety.
(d)
The use shall comply with the buffer zone requirements in § 275-21F(2) of the Bedford Zoning Ordinance.
(e)
The use shall provide adequate screening to ensure adjacent
property values are not adversely impacted. The required screening
may consist of existing vegetation and/or the installation of site-specific
screening such as evergreen landscaping, suitable fencing or a combination
thereof. The screening shall be maintained during the operative lifetime
of the solar energy system conditional use permit. As deemed appropriate,
all applications shall submit a detailed buffering plan demonstrating
how the proposed solar energy system will be effectively screened.
The Planning Board may require reasonable mitigation, to include the
angle of panels, details on the antireflective nature of the panel
coating or any additional specific screening to minimize resulting
impacts, or any reasonable conditions or restrictions deemed necessary
to carry out the intended purpose of this subsection.
A.
General provisions. No building or structure shall be erected, enlarged,
altered or moved, nor shall any existing lot size be changed or new
lot created, except in accordance with Table 1, Table of Dimensional
Regulations, or as otherwise specified herein. (See Table 1 at the
end of this chapter.)
B.
Incentive bonus dimensional standards. In recognition of the need
to protect the overall integrity and character of the Route 101 highway
corridor, as well as to promote a system of access management for
properly servicing parcels within this highway corridor, incentive
bonus standards have been created as a means for rewarding those who
choose to voluntarily develop their properties in a way that is most
compatible with the stated goals of the Route 101 Corridor Study,
2002.
(1)
Deeded rights-of-way.
(a)
Land abutting Route 101. Individuals who voluntarily agree to
provide easement deeds over that portion of their land that is zoned
Commercial or Commercial with Historic District Overlay and is within
50 feet of the present center line of Route 101, thereby reserving
this easement area for future widening or similar improvements, may
be compensated by being allowed to develop the remainder of their
property to an extent greater than that allowed by the maximum impervious
coverage requirements otherwise permitted by Footnote 18 of Table
1, Table of Dimensional Regulations.[1] The amount of excess impervious coverage can be calculated
by the formula shown in Figure 1.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
(b)
Land for future service roads. Individuals who voluntarily agree
to provide fee simple deeds over that portion of their land that is
zoned Commercial, Commercial-2 or Commercial with Historic District
Overlay and is shown on a plat approved by the Bedford Planning Board
for a new municipal service road to facilitate access management for
Route 101 may be compensated by being allowed to develop the remainder
of their property to an extent greater than that allowed by the maximum
impervious cover requirements otherwise permitted by Footnote 18 of
Table 1, Table of Dimensional Regulations. The amount of excess impervious
coverage can be calculated by the formula shown in Figure 1.[2]
[Amended 3-13-2012]
[2]
Editor's Note: Figure 1, Incentive Bonus Formula, is included as an attachment to this chapter.
(2)
Land for shared-access driveways. Individuals who voluntarily agree
to provide easement deeds over that portion of their land that is
zoned Commercial, Commercial-2 or Commercial with Historic District
Overlay and is shown on a site plan approved by the Bedford Planning
Board for a shared-access driveway to facilitate access management
for Route 101 may be compensated by being allowed to develop the remainder
of their property to an extent greater than that allowed by the maximum
impervious coverage requirements otherwise permitted by Footnote 18
in Table 1, Table of Dimensional Regulations. The amount of excess
impervious coverage can be calculated by the formula shown in Figure
2.[3]
[Amended 3-13-2012]
[3]
Editor's Note: Figure 2, Incentive Bonus Standard for Shared Access to Route 101 and Interconnecting Parking Lots, is included as an attachment to this chapter.
C.
Corner sight area.
[Added 3-11-2014]
(1)
For the purposes of this subsection, "corner sight area" means the
portion of a corner lot lying within a triangle area formed by measuring
20 feet from the corner of the lot along each property line adjacent
to the intersecting street, and then connecting the two points.
(2)
No planting, wall, fence, sign, or other object that creates an obstruction
to motorists' vision shall be planted, erected or maintained higher
than 1 1/2 feet above the adjoining street grade within the corner
sight area. This does not apply to naturally accumulating snow or
snowplowing activities conducted by a Town or state agency.
D.
Accessory structures shall comply with front, side and rear yard setbacks in accordance with Table 1, Table of Dimensional Regulations; except within the General Residential (GR) District and the Residential Agricultural (R&A) District, where one accessory structure of 120 square feet or less may have a minimum setback of five feet from the side or rear property line, provided the structure is not higher than 12 feet and is not placed on a permanent foundation. The wetland setback provisions found in Article IV, § 275-28, shall not apply to the one-hundred-twenty-square-foot accessory structure described above. Treehouses and play structures that are not permanently affixed to the ground shall be exempt from the dimensional requirements in this section.
[Added 3-8-2016; amended 3-13-2018; 3-28-2023]
A.
Nonconforming lots.
(1)
Structures shall be permitted on a lot having frontage or an area
which is less than that required by Table 1, Table of Dimensional
Regulations,[1] if said structure is permitted by right within that district
and if the following provisions are met:
(a)
The lot was a legal lot of record and duly recorded at the Hillsborough
County Registry of Deeds prior to the adoption of the original Zoning
Ordinance on December 19, 1953, or the lot was otherwise legally created
after December 19, 1953;
[Amended 3-8-2011]
(b)
The lot is capable of supporting a well and septic system designed
and installed in compliance with all applicable Town and State of
New Hampshire Water Supply and Pollution Control Division regulations;
(c)
All uses, buildings, structures, wells, or septic systems shall
comply with the setback requirements in the Table of Dimensional Regulations;
and
(d)
Sufficient frontage to accommodate a private driveway intersecting
with a public highway (except Class I or VI), or an approved subdivision
road located in the Town of Bedford must be available.
[Added 3-12-1996]
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
(2)
If two or more lots of record are contiguous and in single ownership on or after the effective date of this chapter (March 13, 1991) and if any of said lots are vacant and do not comply with the dimensional requirements of frontage and area, then those lots shall be considered to be an undivided parcel for the purposes of this chapter. This provision shall not apply to lots in a subdivision approved by the Planning Board or to lots otherwise legally created after December 19, 1953. The provisions of this section shall not apply to nonconforming lots acquired by a person or entity on or after September 18, 2010. Any lots that were merged between March 13, 1991 and September 17, 2010, pursuant to this provision may be restored back to their original state with approval by the Planning Board, so long as they conform with Subsection A(1) of this § 275-23.
[Amended 3-10-1998; 3-8-2011]
(3)
No portion of said parcel shall be used or sold in a manner which
diminishes compliance with frontage and area requirements established
by this chapter, nor shall any division be made which creates a lot
with frontage or area below said requirements. Further, yard dimensions
and requirements, other than those applying to area and frontage,
shall conform to the regulations for the district in which the lot
is located.
B.
Nonconforming structures.
(1)
Where a lawful building or structure exists at the effective date
of this chapter, or applicable amendment, that could not be built
under the terms of this chapter or amendment by reason of restrictions
on area, lot coverage, height, yards, or other dimensional requirements,
the building or structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
(a)
No such nonconforming building or structure may be enlarged
or altered in a way which increases its nonconformity, but any building
or structure or portion thereof may be altered to decrease its nonconformity;
(b)
A nonconforming building or structure which is destroyed by
fire or other hazard may be restored to its former bulk, provided
that it was not destroyed voluntarily and restoration is begun within
12 months after the act of destruction; and
(c)
Should a nonconforming building or structure be intentionally
moved for any reason for any distance whatsoever, it shall thereafter
conform to the regulations for the district in which it is located
after it is moved.
C.
Nonconforming uses. Where on the effective date of adoption of this
chapter or applicable amendment, a lawful use of land exists which
would not be permitted by the regulations imposed by this chapter,
the use may be continued so long as it remains otherwise lawful, provided
that:
(1)
No such nonconforming use shall be enlarged or increased nor extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter;
(2)
No such nonconforming use shall be moved, in whole or in part, to
any portion of the lot other than that occupied by such use at the
effective date of adoption or amendment of this chapter;
(3)
If any such nonconforming use of land ceases for any reason for a
period of more than 12 consecutive months, any subsequent use of such
land shall conform to the regulations specified by this chapter for
the district in which such use is located;
(4)
No additional structure not conforming to the requirements of this
chapter shall be erected in connection with such nonconforming use
of land; and
(5)
No junkyard may continue as a nonconforming use for more than one
year after the effective date of the adoption of the first Zoning
Ordinance of the Town of Bedford, except that a junkyard may continue
as a nonconforming use in a commercial or industrial district if within
that period it was screened, not less than eight feet in any case
as to screen completely the operations of the junkyard. Plans of screening
shall have been approved by the Planning Board before the screening
was erected.
