Town of Wolfeboro, NH General Provisions

Structures.

The purpose of this section is to establish and distinguish between permitting requirements with respect to building permits, special exceptions and variances regarding expansion or extension of existing, nonconforming structures.

Any building permit application(s) and/or application(s) to the Zoning Board of Adjustment made pursuant to this section should include a plan prepared by an NH licensed surveyor. Any application that proposes further encroachment, requiring a variance, shall include a plan prepared by an NH licensed surveyor. The plan shall include all relevant existing and proposed conditions and dimensions.

Any nonconforming portion of a building or structure may be expanded or extended by no more than 25% of the nonconforming building or structure, but with no further intrusion into the setback area by special exception. The 25% expansion shall be a total cumulative expansion based on the lawfully existing nonconforming structure.

The basis for determining the maximum and cumulative expansion limitations (25%) shall be the existing lawfully nonconforming footprint (measured to the overhang extent) of the nonconforming structure, excluding appurtenant features such as exterior stairs and nonhabitable areas such as open decks.

[Amended 3-9-2021 ATM by Art. 3]

(e)

The nonconforming limit of encroachment is a measurement of the shortest distance between the lot line or the mean high water line and the intruding part of the structure.

(f)

For purposes of determining the pre-existing limit of encroachment, the structure does not include appurtenant features such as exterior stairs and nonhabitable areas such as open decks.

(g)

The basis for determining maximum and cumulative expansion limitations established shall be the existing nonconforming habitable footprint of the existing nonconforming structure in lawful existence as of the date of this section, excluding appurtenant features.

(h)

No nonconforming portion of a building that is without a roof (such as a deck) shall be roofed over or enclosed unless it receives a special exception. A deck expansion shall not exceed 25% of the nonconforming portion and cannot further encroach into the setback.

(i)

Any proposed construction activity located within a setback area with further encroachment shall require a variance.

(j)

A structure may be expanded vertically within any setback above existing nonconforming footprint beyond 25%, but must obtain a special exception from the Zoning Board of Adjustment.

A nonconforming use occupying a portion of a parcel of land or a portion of a building may, by special exception, be expanded by no more than 25% of the portion of the parcel of land or building dedicated to the nonconforming use at the time of passage of this section; provided, however, that nonconforming signs may not be expanded.

The following construction activities are permitted by right via a building permit.

Installation of a new foundation or the replacement of an existing foundation, provided that a) the sill height is not increased by more than 24 inches; b) the existing footprint is not expanded; and c) the resulting structure falls within the district's height limitation.

Replacement of a structure, provided that the replacement structure is the same size and configuration as the nonconforming structure and the location is the same or a less-nonconforming location.

Removal and replacement of open decks attached to dwelling units, provided that a) the replacement deck is the same size or smaller, and b) the Building Inspector has inspected and confirmed the deck dimensions prior to its removal.

Abandonment. Any nonconforming use that is discontinued or abandoned for a period of one year or more cannot be resumed.

The following are allowed:

Routine maintenance.

Completion of projects under construction which subsequently become not permitted by a zoning amendment.

Change of a nonconforming use to another, less nonconforming use, subject to site plan approval if the use is nonresidential.

§ 175-44 Signs.

[Amended 3-10-2009 ATM by Art. 8; 3-8-2011 ATM by Art. 5; 3-8-2011 ATM by Art. 11; 3-11-2014 ATM by Art. 5; 3-8-2016 ATM by Art. 2]

Purpose and intent. It is the purpose and intent of this section to provide control of the erection, installation and maintenance of signs for the purpose of uniformity with aesthetic values as called for in the Master Plan and for the convenience, comfort, propriety, economic vitality, safety of the traveling public, and general welfare of the Town of Wolfeboro.

[Amended 3-13-2018 ATM by Art. 7]

Exemptions. The following signs are exempt from this section:

[Amended 3-13-2018 ATM by Art. 7]

Signs in a residentially zoned area with a message area of one square foot or less, which bears only the property number/street address and/or names of the occupants.

Legal notice, such as "no trespassing" signs, with a message area of two square feet or less.

Window lettering limited to six square feet per business.

On-site directional sign for commercial use, not exceeding four square feet, and the business name or logo limited to no more than 25% of the directional sign.

Small (not to exceed 16 inches by 28 inches) LED internally illuminated "OPEN" signs.

Permitted messages.

Off-site signage of a commercial use is prohibited for any business or commercial entity or operation, including home occupations. In this context, "off-site" shall mean a sign on a location or parcel that is different than the property or location where the business, commercial entity, or operation is located; for example, a separate parcel than the one where the business is located.

[Amended 3-13-2018 ATM by Art. 7]

Farms, as defined by RSA 21:34-a, shall be permitted up to four off-premises signs, each sign not exceeding six square feet in area on each of two sides and intended solely for commercial purposes to provide information about farm products for sale, as well as directional information.

[Amended 3-13-2018 ATM by Art. 7]

No sign which contains a registered trademark or name which portrays a specific commodity or service for sale will be allowed in any zone unless the trademark or name is of the principal commodity or service offered for sale by the establishment.

Illumination of signs.

Signs may be illuminated only by exterior light sources. The light sources shall be placed so that they will not constitute a hazard to street or highway driving by glare or create a negative impact on abutting properties.

[Amended 3-13-2018 ATM by Art. 7]

All lighting in the Town of Wolfeboro is required to have full-cutoff shielding.

Uplighting by any method is prohibited; however, the Planning Board may allow limited use of upward landscape lighting on a case-by-case basis.

No flashing or animated signs or signs with visible moving parts or intermittent lighting to create the visual effect of movement shall be permitted.

No neon signs shall be permitted.

Vending and dispensing machines located outside a building shall not be internally illuminated.

Placement of signs.

[Amended 3-10-2020 ATM by Art. 4]

All signs, except for business directional signs, shall be prohibited within the Town right-of-way. Business directional signs shall be allowed only in the Town right-of-way, provided their placement does not cause a safety hazard or impede the sight distance associated with the entrance/exit to the site or to the traveling public.

Any business seeking to establish an off-premise business directional signs or post must apply for a permit through the Code Enforcement Office.

Off-premises business directional signage is permitted only on approved, permitted, Town-owned posts at intersections, within the Bay Street Limited Business District, Wolfeboro Falls Limited Business District, and Central Business District and at the following designated locations:

South Main Street at the Town Hall adjacent to the Carpenter School (Post location to be determined).

Center Street at the intersection with the Bridge Falls Path on the western side of Center Street (Post location to be determined).

Glendon Street Parking Lot at the Bridge Falls Path (Post location to be determined).

Foss Field (Post location to be determined).

New sign post locations may be requested within a public right of way via a Business Directional Sign Permit, subject to applicable fees, and shall be so designed or so placed as not to endanger, obscure, confuse or otherwise create a hazardous condition to motor vehicles or pedestrians.

Business directional signs shall be limited to a maximum of two within the town per business. Signs for one business placed back to back shall constitute two signs. Only one post per intersection shall be permitted. Signs shall be uniform in size and shall conform to the following specifications:

Sign Element	Specification
Width	36 inches
Height	6 inches
Letter height	Maximum of 4 inches
Material	1/2-inch to 3/4-inch wood board or equivalent

Business name and directional information only, shall be provided on each sign.

The Town may remove a sign if it is not properly maintained or if business operations cease.

All business directional sign posts shall:

Be restricted to 10 feet in height as measured from the ground level upon which it is mounted or from the sidewalk height adjacent to it (whichever is less).

A maximum of 10 signs shall be permitted per post.

Not be placed in such a location as to obstruct visibility, pedestrian traffic, or vehicular traffic.

Be made of pressure treated wood, four inches by four inches, post painted white or an approved alternative.

(7)

Preexisting nonconforming signage.

Signage in existence as of 04/01/2019, which does not conform to the requirements of this section, shall be designated as lawfully existing non-conforming sign, both on private and public property, with the exception of those that present a hazard to public health and safety. Three types of signage are included as pre-existing nonconforming:

Signage that is legally permitted.

Signage that is not legally permitted, but is compliant with the Business Directional Sign Ordinance.

[3]

Signage that could not be legally permitted under the Business Directional Sign Ordinance.

Preexisting nonconforming signage shall expire at the time that the business ceases operation. At such time, the sign may only be reestablished for a new business in full compliance with this section.

Should all preexisting nonconforming signs lose their respective nonconforming status due to abandonment or the cessation of the associated business operation, any nonconforming post which hosts such a sign shall likewise lose its preexisting nonconforming status and be removed.

Condition of signs. Signs shall be constructed of durable materials and shall be maintained in good condition and repair. When by reason of neglect a sign becomes hazardous or unsightly, the sign shall constitute a public nuisance.

Permitted signs by district.

Number of signs.

One sign is permitted per business in the following zoning districts: Shore Front Residential, General Residential VR, R, GR, RR and the Municipal Watershed.

Two signs are permitted per business, except as permitted below, in the following zoning districts: Commercial Districts C1, C2, LBD, Rural Agricultural and Agricultural.

Each restaurant and food-service establishment in the Commercial Districts is permitted one additional daily specials reader-board sign; provided, however, that the daily specials reader-board sign is no larger than three square feet.

One additional on-premises portable sign is permitted in all Commercial Districts and on properties of not-for-profit uses as follows:

The size of the sign cannot exceed two feet by three feet.

The sign must be stored indoors after business hours.

[3]

The sign must be on the premises.

[4]

The sign cannot obstruct pedestrian or vehicular traffic, including ADA access.

The type of sign permitted in each district is illustrated in Table 1, and size of permitted signs is illustrated in Table 2.

[Amended 3-13-2018 ATM by Art. 7]

Table 1
Type of Signs Permitted by District for Each Business
KEY: P = Permitted; NP = Not permitted

Type of Signs	VR, R, GR, SFR, RR and MW	RA	PHRDD, RT28-MUBD	C1-CBD SWLBD, BSLBD, WFLBD, C2	ROI
Projecting¹	NP	P	P	P	P
Residential home occupation	P	P	P	P	P
Temporary public event	P	P	P	P	P
Temporary	P	P	P	P	P
Wall¹	P	P	P¹	P	P
Freestanding or ground¹	P	P	P	P	P
Reader board	NP	NP	P	P	NP

NOTES:
¹	The owner of a business which fronts on two publicly owned roads or a road and a municipal parking lot may elect to have up to three signs; provided, however, that the cumulative sign area does not exceed 62 square feet.

Table 2
Size of Signs Permitted by District for Each Business
Type of Signs	VR, R, GR, SFR, RR and MW (square feet)	RA (square feet)	PHRDD, RT28-MUBD (square feet)	C1-CBD, SWLBD, BSLBD, WFLBD, C2 (square feet)	ROI (square feet)
Projecting	NP	16	16	16	12
Residential home occupation	2	6	4	4	4
Temporary public event	48	48	48	48	48
Temporary	6	6	6	6	6
Wall	1	The lesser of 10% of the face of the building or 24	The lesser of 10% of the face of the building or 24	The lesser of 10% of the face of the building or 18	The lesser of 10% of the face of the building or 12
Freestanding or ground	1	1	24	18	6
Reader board	NP	NP	3	3	NP

VR: Village Residential District

R: Residential District

GR: General Residential District

SFR: Shorefront Residential District

RR: Rural Residential District

MW: Municipal Watershed District

PHRDD: Pine Hill Road Development District

C1-CBD: Commercial C1 Central Business District

SWLBD: South Wolfeboro Limited Business District

WFLBD: Wolfeboro Falls Limited Business District

CD-C2: Commercial District C2 District

ROI: Residence/Office/Institutional Overlay District

RA: Residential/Agricultural District

RT28-MUBD - Center Street/Rte. 28 Mixed-Use Business District

Temporary commercial public event signs. Such signs are limited to a period of 14 days preceding and two days after the relevant commercial event. The size of any temporary public event sign shall not exceed 48 square feet, and each public event shall be limited to three signs. Not more than two of said signs shall be displayed off premises.

Temporary signs.

One temporary sign such as used by real estate agents advertising property for sale or those used by contractors, architects, painters or other artisans advertising work in progress may be permitted on a lot in any district, provided that:

[a]

It is unlighted.

[b]

It does not exceed six square feet in size.

[c]

Its proper appearance is maintained.

[d]

It is removed immediately upon completion of the work or transaction.

[e]

One additional real estate sign is permitted on all waterfront property; provided, however, that the sign is oriented so as to be viewed from the water.

Temporary signs for a new business and seasonal business. Special advertising devices such as banners, pennants and streamers are permitted for up to 30 days. The size shall not exceed 25% of the face of the business.

[3]

Special commercial promotion signs. Sale or event signs may be affixed to or on a door or window and are permitted, provided that they do not exceed 25% of the area of the window and/or door and are in place for less than 30 days.

Residential home occupation signs. Signs stating the name and nature of a permitted home occupation may be displayed on a lot in any district, provided that such signs:

Are illuminated only during business hours;

Do not exceed one in number, which sign is of no more than six square feet in size in the Agricultural District and the Limited Business Districts, or one in number of no more than four square feet in size in the VR, R, GR, RR, Municipal Watershed or Shore Front Residential Districts.

Projecting signs. Projecting signs shall be permitted in the Commercial C1, LBD and Pine Hill Road Development District, Center St/Rte. 28 Mixed-Use Business Districts only. A projecting sign shall not project horizontally in excess of six feet; it shall be erected so that the lowest part of the sign shall be at a height of not less than eight feet above the sidewalk or ground level, and it shall not exceed 16 square feet in surface area on each of two sides nor a total of 32 square feet on all sides.

(e)

Wall signs. Within the Agricultural and Commercial Districts C1 and Pine Hill Road Development District, Center St/Rte. 28 Mixed-Use Business District, no wall sign shall exceed 10% of the area of the building face to which it is attached and shall comply with the size requirements as listed in Table 2 above.

(f)

Freestanding signs. Except as provided for in the Center St/Rte. 28 Mixed-Use Business District, freestanding signs shall not exceed 15 feet in height, including supports. One of the permitted signs within the Center St/Rte. 28 Mixed-Use Business District shall be permitted to have a sign area not exceeding 36 square feet and have a maximum in height which is the lesser of 20 feet or the height of the principal building. Such sign shall have a setback line of 20 feet from all property lines.

Sign construction.

Glass requirements. Any glass forming a part of a sign shall be of safety glass, and where any single piece or pane of glass has an area of more than three square feet, it shall be constructed of wired glass securely held in place.

Wind pressure and dead load. The supporting structure of and fasteners for all signs shall be designed to withstand five times the combined effect of wind pressure and dead load. A wind pressure of 25 pounds per square foot on the maximum horizontally projected area of the sign shall be assumed; dead load shall be the weight of the sign.

Obstructions to doors and windows. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape.

Canopies. Canopies may be constructed of cloth, plastic, or metal; provided, however, that the lowest portion of any canopy shall not be less than eight feet above the level of the sidewalk; they may extend beyond the street line but not nearer than 18 inches to the curbline.

Awnings. Awnings may be constructed of cloth, plastic, or metal; provided, however, that the lowest portion thereof shall be not less than eight feet above the level of the sidewalk; they may extend beyond the street line but not nearer than 18 inches to the curbline.

Enforcement.

Notification and removal shall be the duty of the Code Enforcement Officer to notify the violator and/or building owner of any violations in writing, and if the condition is not corrected in five days from the date of notification, the Code Enforcement Officer shall take legal action to have the sign removed immediately. The owner shall be liable for any costs incurred for such removal. The Code Enforcement Officer is authorized to take enforcement action, after such notice has been duly given, of any such use in violation. Nothing herein shall prevent the Code Enforcement Officer from causing prosecutions for violations to obtain or impose fines for such violations, either as supplemental or alternative corrective actions.

Any sign now or hereafter existing which no longer advertises a bona fide business conducted or product sold shall be removed by the owner, agent or person having the beneficial use of the building or property upon which the sign may be located. Removal shall take place within 14 days after written notification from the Code Enforcement Officer.

[Amended 3-13-2018 ATM by Art. 7]

Nonconforming signs. Any legally permitted sign not conforming to the terms of this section as of the effective date of this section shall be allowed to continue as a nonconforming use. Nothing herein shall prevent the substantial restoration or reconstruction, within one year, of a sign destroyed in part or whole by fire or other casualty so long as this use does not result in a new or increased violation.

Penalties. Any person violating any of the provisions of this section shall be subject to the penalties as provided by § 175-181.

Appeal. Any person aggrieved by a decision taken under this section shall have the right to appeal the decision to the Zoning Board of Adjustment as provided by § 175-187.

Definitions of terms. As used in this section, the following terms shall have the meanings indicated:

CANOPY

Any structure, other than an awning, made of cloth, plastic, or metal with frames attached to a building. For the purposes of this section, canopy area used for sign copy shall be permitted as a wall sign.

CURB LEVEL

The elevation of the street curb.

CURBLINE

The vertical plane of the street side of a curb.

FLAG

Any fabric or bunting containing distinctive colors, patterns or symbols. The word "OPEN" and a graphic or picture of one product for sale, such as an ice cream or coffee, are permitted on a decorative flag.

PREMISES

A lot, parcel, tract, or plot of land together with buildings, structures and uses thereon.

SETBACK LINE

The line that is the required minimum distance from any lot line and that establishes the area within which a sign, structure or building must be erected or placed.

SIDEWALK

Any public or private way or thoroughfare, paved or unpaved, intended for the use of pedestrians or foot traffic.

SIGN

Any exterior or exterior-oriented device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of any person or entity, or to communicate product or service information to the public.

[1]AWNING — Any structure made of cloth, plastic, or metal with a frame attached to a building or structure, when the same is so erected as to permit its being raised to a position flat or rolled against the building when not in use. For the purposes of this section, awning area used for sign copy shall be permitted as a wall sign.

BUSINESS DIRECTIONAL SIGNAn off-premises sign of a permanent nature that directs the traveling public to specific business or businesses.

DAILY SPECIALS READER BOARDA sign that is flush-mounted and provides a fixed location for restaurant advertisement of daily food specials.

FLASHING SIGNAny sign that moves, flashes, contains traveling lights, or gives the impression of any movement or flashing.

FREESTANDING OR GROUND SIGNAny sign which is not a part of or attached to any building but is located elsewhere on a lot.

IDENTIFYING SIGNAny sign or plaque giving the name and/or address only of the business or occupant of the premises on which said sign or plaque is located.

(7)

INTERNAL SITE DIRECTIONAL SIGNA sign or signs used to provide basic internal site directional information, such as "entrance," "exit," and "one-way."

(8)

NEON SIGNAny lit sign using neon tubes or neon-like tubes for illumination or display.

(9)

ON-PREMISES PORTABLE SIGNA sign that is not secured to the ground or a permanent structure.

(10)

PROJECTING SIGNAny sign which is attached to a building or other structure and extends more than 12 inches beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached.

(11)

ROOF SIGNAny sign erected upon but not extending over the roofline of any building.

(12)

TEMPORARY PUBLIC EVENT SIGNAny sign relating to or advertising a community or charitable commercial public event, such as the Huggins Hospital Street Fair, Artists in the Park and the Hospice Home Tour.

[Amended 3-13-2018 ATM by Art. 7]

(13)

WALL SIGNAll painted signs on the exterior of a building, or flat signs which are placed flush against the exterior of a building and extend no more than four inches from the surface of the building.

SIZE OF SIGN

The area of a sign face. The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any support framework, bracing or decorative fence or wall when such fence or wall otherwise meets the meets the Zoning Ordinance requirements. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and not more than 24 inches apart, the sign area shall be computed by the measurement of one of the faces.

STREET LINE

The line dividing a lot from a street right-of-way.

WINDOW LETTERING

A message permanently affixed to, attached to, or etched into the glass. The message is limited to the name and telephone number of the business, nature of goods sold or services rendered, and hours of operation.

Editor's Note: Former Subsection (1), Accessory sign, which immediately preceded this subsection was repealed 3-8-2022 ATM by Art. 2. Article 2 also renumbered former Subsections (2) through (14) as Subsections (1) through (13), respectively.

§ 175-45 Yard/garage sales.

Yard/garage sales for the sale of goods belonging to or coming from the house where such a sale is held shall be permitted in all districts. Each sale may not last more than four days and there may be no more than four sales per calendar year at any one residence. One sign no larger than six square feet may be posted within the property boundaries, and one directional sign no larger than six square feet may be posted at an intersection, with approval of the Code Enforcement Officer, for the duration of the sale.

§ 175-46 Seasonal certificate of occupancy.

No seasonal home, apartment, tenement, dwelling unit, or other premises shall be let, leased, or otherwise be permitted to be occupied, other than by the owner and/or the owner's family, for residential and/or dwelling purposes between the period from November 15 in each year to May 1 in the following year, until and unless a certificate of year-round occupancy has been issued by the Code Enforcement Officer to the record owner of such premises. Such certificate shall be subject to revocation if, upon investigation of a complaint, conditions are indeed found to be in violation of the pertinent codes as determined by the Code Enforcement Officer, and will not be restored to a satisfactory condition in a specified period of time. The burden of investigation shall be that of the Town Code Enforcement Officer.

§ 175-47 Building codes.

[Amended 3-9-2004 ATM by Art. 6; 3-8-2005 ATM by Art. 5]

All construction in the Town of Wolfeboro shall conform to the most recent codes as referred to as the “State Building Code” or “New Hampshire Building Codes” under Hampshire RSA 155-A:1 as amended in accordance with RSA 155-A:10.

[Amended 3-10-2020 ATM by Art. 7]

Simplified amendment procedures. The Code Enforcement Officer shall prepare an amendment to those portions of the local building code that refer to, or that make insertions in, deletions from, or exceptions to the national codes. An amendment to the local building code except as may be necessary to effect the substitution of revised national codes or code provisions for codes or provisions previously adopted shall be adopted using the following procedures:

The Planning Board shall hold a public hearing on the proposed update or revision, with notice as provided in RSA 675:7. Such notice shall include information stating where the proposed local building code amendment and the new or amended national codes or code provisions are available for public inspection.

Following such hearing, the updated or revision shall become final upon approval by the Selectmen and recording with the Town Clerk.

§ 175-48 Hazardous and toxic waste.

No use of any land or structure in the Town of Wolfeboro shall be permitted which generates any waste which has been identified as a "hazardous and toxic waste" by the State of New Hampshire Office of Waste Management or by the United States Environmental Protection Agency until a permit for such use has been obtained from the Planning Board.

§ 175-49 Earth excavations.

[Amended 3-11-2008 ATM by Art. 5]

Excavation may be undertaken by special exception under the provisions of RSA 155-E and the Town of Wolfeboro's Excavation Regulations[1] in areas demonstrated to contain commercially viable excavation material, except within 300 feet of the Shore Front Residential District and Municipal Watershed District.

Editor's Note: See Ch. 171, Excavations.

§ 175-49.1 (Reserved) [1]

Editor's Note: Former § 175-49.1, Reclamation; existing excavation operations, added 3-11-2003 ATM by Art. 8, as amended, was repealed 3-11-2008 ATM by Art. 5.

§ 175-50 Leach field and septic tank setback.

The following conditions shall dictate the minimum setback requirements from the high-water mark of all water bodies and watercourses as indicated on the United States Department of the Interior, 7.5 Minute Series (Topographic) Ossipee, Sanbornville, Tuftonboro, Wolfeboro and West Alton, New Hampshire - Carroll Co., Provisional Edition 1987, and which are downgradient from any portion of the receiving soil area for all new septic tanks and leaching portions of new septic systems:

Where the naturally occurring receiving soil downgradient of the leaching portions of a septic system is a porous sand and gravel material with a percolation rate faster than two minutes per inch, the setback shall be at least 125 feet;

For naturally occurring receiving soils with restrictive layers within 18 inches of the surface, the setback shall be at least 100 feet; and

For naturally occurring receiving soils with any other characteristics, the setback shall be at least 75 feet.

The above setback requirements shall not apply to the maintenance or the in-kind replacement of leaching fields or septic tanks existing as of March 13, 1990.

Should the dimensions and characteristics of an existing lot of record as of March 13, 1990, be such that the setback cannot be provided, the Planning Board may, by the issuance of a special use permit, grant an exception to this provision provided, that the Planning Board finds that granting such an exception will not compromise the existing water quality of the adjacent watercourses and water bodies and that the design of the leaching field or other sewage effluent treatment area will minimize water quality degradation. The Planning Board shall have the authority to place conditions upon any permit issued in order to assure that the purpose of this provision is met. Furthermore, the Planning Board shall have the authority to promulgate procedures and establish necessary fees to cover the administration and technical review of applications.

Setbacks to wetlands as defined by § 175-5B of this Part 1 for septic tanks and leach fields are as regulated by the N.H. Department of Environmental Services and the Wolfeboro Subdivision Regulations. Where any regulation, ordinance or requirement may be in conflict with another, the more restrictive shall apply.

§ 175-51 (Reserved) [1]

PRINCIPAL BUSINESS PURPOSE

Editor’s Note: Former § 175-51, Shoreline timber cutting, was repealed 3-8-2016 ATM by Art. 3.

§ 175-52 Waterfront access.

Lots which are adjacent to the shoreline of any lake or pond are prohibited from granting, leasing or otherwise conveying rights for water access to any other lot except as permitted in Article XXIV, Open Space Residential Development Option, of this Part 1.

§ 175-53 Sexually oriented businesses.

[Amended 3-8-2022 ATM by Art. 4]

Definitions. As used in this section, the following words or phrases shall have the meanings set forth below, except when the context in which they are used requires a different meaning:

A principal business purpose shall be deemed to exist, for the purpose of this article, if 10% or more of the gross floor area of a business is devoted to the sale, display, depiction, or expression of specified sexual activities, specified anatomical areas, or instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

SEXUALLY ORIENTED BUSINESS OR ESTABLISHMENT

An adult arcade, adult bookstore or video store, adult cabaret, adult motion-picture theater, adult theater, nude model studio, as these terms are defined in § 175-175, sexually oriented businesses, or any establishment where, as one of its principal business purposes, the public is permitted and invited where specified sexual activities are depicted, described, or performed, or "specified anatomical areas" are displayed, or their images are displayed, sold, or presented, including instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

SPECIFIED ANATOMICAL AREAS

Human genitals and anus.

SPECIFIED SEXUAL ACTIVITIES

Human masturbation, sexual intercourse, oral copulation or sodomy, actual or simulated, whether alone or between members of the same or opposite sex or between humans and animals.

Fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts.

Excretory functions, flagellation or torture as part of or in conjunction with any of the activities set forth in Subsection (1) or (2) above.

Purpose and intent. It is the purpose of this section to establish reasonable and uniform regulations for the location of sexually oriented businesses in the Town of Wolfeboro. These regulations are intended to promote the public health, safety, and welfare by limiting the concentration of such businesses, thereby preventing problems brought about by the concentration of such businesses, including increase in crime, diminution of property values, proliferation of urban blight, and endangerment of children.

Locational requirements. The location, placement, and separation of sexually oriented businesses shall be in accordance with the following standards:

Minimum setbacks from certain uses. A sexually oriented business shall not be located within 500 feet of any property line of any of the following:

A public or private school;

A child day-care facility or nursery school;

A publicly owned indoor or outdoor recreational facility; or

A church, synagogue, or place of religious worship.

Minimum setbacks from certain zoning districts. Sexually oriented businesses shall not be located within 500 feet of any residential district.

Minimum separation between sexually oriented businesses. There shall be a minimum of 1,000 feet of separation between the locations of sexually oriented businesses.

Design standards. Sexually oriented businesses shall comply with the following design standards:

Sign design. A sexually oriented business shall be limited to one sign which shall not exceed 24 square feet in area. Signs shall not include graphic images of nudity, or include images or copy which references specified sexual activities, whether actual or simulated, or specified anatomical areas, or instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities; and

Screening of certain activities and images. Specified sexual activities or specified anatomical areas, including instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, or any images of the same, shall not be visible in any fashion whatsoever from the exterior of the building in which the business is located.

Application. Any application for a sexually oriented business shall include the following information in addition to a special exception application and site plan review application:

The name and address of the applicant. If the applicant is a corporation, partnership, or association, the application shall list the name and address of the principal owners and officers thereof and their addresses.

The address of the premises where the sexually oriented business is to be located.

The name and address of the owner of the location (building).

A description in detail of the business activity, including the square footage devoted to specific activities, including storage areas and services. A floor plan showing the location of sales areas, entertainment areas, restrooms, retail areas, video booths, passageways and corridors, walls, doors, windows, primary and secondary means of egress, and other activity areas.

Written explanation detailing policy for compliance with RSA 571-B, Exposing minors to harmful materials, as may be amended.

A management plan which at minimum will set forth the following:

The actual hours of operation.

The minimum number of employees on duty at any time.

The maximum number of persons permitted on the premises, which number shall not exceed the limits established by the Life Safety Code.

A plan designed to avoid nuisances and ensure compliance with Town ordinances and regulations.

(e)

Measures designed to prevent access to the establishment by individuals under the age of 18 years.

(f)

Measures to be implemented that will prevent any exposure of specified sexual activities, specified anatomical areas, or nudity external to the building wherein the business is located.

(g)

Rules and regulations to be posted on the premises governing the operation of the center and conduct of its patrons. The rules should include, but not be limited to, such matters as dress code, alcohol, gambling, controlled drugs, and the prohibition of specified sexual activities between patrons, and patrons and employees.

(h)

The numbers of coin-operated, slug-operated, electronically, electrically, or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices.

Operating requirements for sexually oriented businesses. The business owner and/or store owner of an sexually oriented establishment shall:

Not allow or permit any minor to enter any part of or to be on the premises of the establishment, including parking lots immediately adjacent thereto which are intended for use by patrons of the establishment.

Have the establishment physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms, or stalls wherein sexually oriented entertainment is provided shall be clearly visible from the common areas of the premises. Visibility into all booths, cubicles, rooms, or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever.

Not allow an aperture or opening of any kind to exist between any two booths, cubicles, rooms, or stalls used for the purpose of viewing sexually oriented motion pictures or other types of sexually oriented entertainment.

Operate the establishment only between 9:00 a.m. and 1:00 a.m., Monday through Saturday.

Not permit any specified sexual activities, specified anatomical areas, instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, or their images to be visible in any fashion whatsoever from the exterior of the building in which the business is located.

Maintain the exterior of the establishment so that it is in a condition that is free and clear of any sexual paraphernalia or packaging.

(7)

Equip the establishment with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owner and its agents to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

Inspection of sexually oriented businesses. All sexually oriented establishments shall be open to inspection at all reasonable times by the Code Enforcement Officer or such other persons as the Town of Wolfeboro Selectmen may designate.

§ 175-53.1 Lighting and illumination.

[Added 3-10-2009 ATM by Art. 7; amended 3-8-2022 ATM by Art. 5]

Purpose. This section is intended to eliminate problems of glare and minimize light trespass and obtrusive light created by improperly designed and installed outdoor lighting. Further purposes are to enhance and protect the quality of the New Hampshire night sky and Wolfeboro's rural character, and conserve energy and resources. These concerns are balanced with maintaining safety, security and productivity by establishing limits for the area that certain kinds of outdoor lighting fixtures can illuminate and by limiting the total allowable illumination in the Town of Wolfeboro. (See § 175-175, Definitions and word usage.)

Permit requirements. A building permit shall be required prior to the installation of any new fixtures. If the original building permit or site plan approval granted by the Planning Board specified, in detail, the type and nature of lighting, any increase or change in lighting that may have an increased impact on the site shall be evaluated for compliance with these regulations and, where appropriate, referred to the Planning Board for site plan review. The Building Official shall approve a permit for other installations upon a finding that the fixtures comply with the following general lighting requirements:

General lighting requirements.

All lighting in the Town of Wolfeboro is required to have full-cutoff shielding. Uplighting by any method is prohibited; however, the Planning Board may allow limited use of upward landscape lighting on a case-by-case basis.

The new installation of uplighting, by any method, is prohibited; however, the limited use of upward landscape lighting on a case-by-case basis may be approved, provided the lighting does not spill onto neighboring properties or public ways.

Existing lighting sources that do not present a health and safety issue with respect to glare on public ways or nuisance as a result of off-site illumination shall be exempt from the provisions of this section.

New fixtures accompanying establishment of new uses or change of use that requires site plan review shall have lighting plans approved as part of the site plan review process.

Control of glare; luminaire design factors.

Any luminaire with a lamp or lamps rated at a total of more than 1,800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens shall not emit any direct light above a horizontal plane through the lowest direct-light-emitting part of the luminaire and shall not exceed 0.2 foot lumen at the property line.

Any luminaire with a lamp or lamps rated at a total of more than 1,800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens shall be mounted at a height equal to or less than the value 3 + (D/3), where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed 20 feet.

The luminaire's maximum illuminance shall not exceed the minimum illuminance recommended for that purpose as defined in the most recent Illuminating Engineering Society's Lighting Handbook/Reference and Application.

Residential lighting (one- and two-family). These provisions are intended to prevent private and public nuisances and protect property values. This section applies to existing and proposed single-family and duplex residential uses.

Residential lighting uses shall not be used, or maintained, in such a fashion as to inhibit or interfere with the use and enjoyment of neighboring properties after the hour of 11:00 p.m.