A.
Authority. The WC Overlay District is established in accordance with
the provisions of RSA 674:21, Innovative Land Use Controls and is
considered to be an innovative land use control. Within the WC District,
the Planning Board is authorized to administer and grant conditional
use permits for certain types of development.
[Amended 5-22-2000 by Ord. No. 05.2000.05]
B.
Purpose and intent. The purpose of this chapter, in the interest
of public health, safety and general welfare, is to protect and regulate
the land adjacent to water bodies, the use of wetlands and their buffer
areas, as defined herein. The intent of this chapter is to:
[Amended 5-22-2000 by Ord. No. 05.2000.05]
(1)
Ensure the protection of water wetland resources and vernal pools
from activities that would adversely affect their functions and values
to:
[Amended 10-14-2008 by Ord. No. 07.2008.07]
(a)
Prevent or minimize soil erosion and sedimentation of surface
waters and wetlands.
(b)
Prevent the loss of fish and wildlife habitat.
(c)
Prevent the degradation of surface and ground water quality
and quantity.
(d)
Prevent the loss or degradation of representative and rare examples
of wetland plants and animals.
(e)
Prevent the loss or degradation of valuable wetland systems
and surface waters for education and research in natural sciences.
(f)
Prevent damage of property and degradation of surface and ground
waters by maintaining the capacity of wetlands in the watershed to
store floodwaters and manage stormwater.
(g)
Prevent the loss or degradation of a diversity of recreational
benefits such as hunting, fishing, canoeing, bird watching and hiking.
(h)
Prevent the loss of the visual and aesthetic qualities of wetlands
including their contribution to open space, character and overall
scenic beauty of the landscape.
(2)
Ensure the protection of wetland and waterbody buffer areas from
activities that would adversely affect their ability to protect wetlands
from degradation to:
(a)
Prevent erosion and sedimentation by stabilizing soil.
(b)
Moderate the effects of stormwater runoff by filtering sediment,
nutrients and harmful or toxic substances, and moderating thermal
discharges.
(c)
Protect and maintain wildlife habitat.
(d)
Support and protect wetland plant species.
(e)
Reduce the disturbances to wetland resources caused by intrusion
of human activity.
(3)
Prevent the expenditure of municipal funds for the purposes of providing
and/or maintaining essential services and utilities which might be
required as a result of the destruction or degradation of wetlands
and the loss of water quality.
C.
Establishment of the WC District.
(1)
The WC District shall consist of all lands which meet the definition of wetlands, as specified in Article II, except those listed as exempted under § 235-17E(3).
[Amended 5-22-2000 by Ord. No. 05.2000.05; 10-14-2008 by Ord. No. 07.2008.07; 5-24-2021 by Ord. No. 2021-235-13,
17, 19]
(2)
The WC District shall be superimposed upon other zoning districts
in this chapter, and the regulations pertaining to the WC District
shall be in addition to the regulations of the underlying districts
and other City ordinances and regulations. Where any provision of
these regulations imposes restrictions different from those imposed
by any other ordinance, rule, regulation or other provision of law,
whichever provisions are more restrictive or impose higher standards
shall control.
(3)
Wetlands and vernal pools shall be delineated by a certified wetland
scientist as licensed by the State of New Hampshire.
[Amended 10-14-2008 by Ord. No. 07.2008.07; 5-24-2021 by Ord. No. 2021-235-13, 17, 19]
D.
Verification
of wetland boundaries.
[Added 5-24-2021 by Ord.
No. 2021-235-13, 17, 19[1]]
(1)
Where maps or field investigation indicate that a wetland may be
present on a proposed development site, the City of Laconia may require
that the applicant provide a professional wetland determination and
delineation. The method of delineation shall be consistent with the
current methodology adopted by the New Hampshire Department of Environmental
Services.
(2)
Where
the presence of a wetland has been identified, the boundaries of the
wetland shall be clearly marked on the site with flagging along the
wetland perimeter
(3)
When
it is alleged an area has been incorrectly delineated as a wetland,
or an area not so designated meets criteria for wetlands designation,
the Planning Board shall render a decision only upon the determination
by a certified wetland scientist, on the basis of additional on-site
investigation or other suitable research that the information contained
on the wetlands map is incorrect. This evidence shall be accepted
only when presented in written form by said scientist to the Planning
Board. Any necessary surveying, delineation, or soil testing procedures
shall be conducted at the expense of the landowner or developer. Prior
to ruling on this, the Planning Board shall request Conservation Commission
review and comment on the reclassification.
[1]
Editor's Note: This ordinance also redesignated former Subsection
D as Subsection E. In addition, this ordinance repealed former Subsection
E, Waterbody buffers, added 5-22-2000 by Ord. No. 05.2000.05, as amended
10-14-2008 by Ord. No. 07.2008.07; 8-13-2012 by Ord. No. 10.2012.10;
6-25-2018 by Ord. No. 2018-235-17-01; and 8-26-2019 by Ord. No. 2019-235.
E.
Wetland, water body, and vernal pool buffers.
[Amended 10-14-2008 by Ord. No. 07.2008.07; 5-24-2021 by Ord. No. 2021-235-13, 17, 19]
(1)
Wetland, water body, and vernal pool buffer areas shall be established
as specified in the Buffer Table below, and shall be defined as all
land lying:
(a)
Within 100 feet outside the boundary of any prime wetland.
(b)
Within 75 feet outside the boundary of any non-prime wetland
contiguous to public waters and including the following brooks: Durkee
Brook, Jewett Brook, Black Brook, Langley Brook, Mellinger Brook and
unnamed brooks designated A through I on the Official Zoning Map.
(c)
Within 50 feet outside the boundary of any other wetland, not classified as exempt under § 235-17E(3).
(d)
Vernal pool buffer areas shall be defined as all land lying
within 100 feet outside the boundary of any vernal pool.
(e)
Within 30 feet from the top of bank on both sides of intermittent
and perennial streams. These streams are shown on and will correspond
to the latest version of the United States Geological Survey Map.
(2)
Buffers shall be retained in their natural condition. Where buffer disturbance is permitted pursuant to this chapter, revegetation of the disturbed area may be required. Disturbing the buffer without prior permit approval may subject you to violations and penalties per § 235-82.
(3)
Exemptions
to wetland and waterbody buffers. Vernal pools are nonexempt.
(a)
Wetlands less than 3,000 square feet in their entirety, unless
contiguous to a river, brook, lake or pond. The wetland must be delineated
and documented in a wetland delineation report by a certified wetland
scientist. Documentation must include the total square footage of
the wetland system that would be impacted and may require a map.
(b)
Man-made sedimentation/detention basins, ditches/swales, active
agricultural/irrigation ponds, fire ponds, roadside drainage ditches
or other stormwater management devices, for which there is no prior
wetland or stream history. Man-made stormwater devices intentionally
designed as wetland habitat are nonexempt. Routine activities must
be undertaken at a sufficient frequency that the structure being maintained
remains intact and functional for its intended purpose.
(c)
Buffers on property with shoreline frontage on the Winnipesaukee River from the Messer Street Bridge to the river's entrance to Lake Winnisquam may be reduced to 15 feet, provided that a conditional use permit is granted and the following standards from Subsection I(2)(a), (c), (e), (f), (g) and (h), Standards for the granting a conditional use permit, are met. The applicant shall further demonstrate that the overall development of the site improves the current water quality of stormwater discharge.
(4)
In the event two buffer requirements conflict with each other, the
more restrictive shall apply.
|
Buffer Table
| |
|---|---|
|
Water Source
|
Buffer Setback
(feet)
|
|
Designated prime wetland1
|
100
|
|
Brook or stream contiguous to public waters
|
75
|
|
Wetland
|
50
|
|
Exempt wetland
|
N/A
|
|
Vernal pool
|
100
|
|
Intermittent or perennial stream
|
30
|
|
NOTE:
| |
|
1
|
The City of Laconia has no designated prime wetlands as of October
23, 2020.
|
F.
Permitted uses (exempt from Planning Board approval). The following
uses are permitted in all wetlands and wetland and waterbody buffers,
provided that they will not require the erection or construction of
a building or structure; they will not require recontouring or grading
of the land; no draining, dredging, filling or change in the flow
of water will result; and the activity will not result in the pollution
of wetlands and surface and ground waters.
[Amended 5-22-2000 by Ord. No. 05.2000.05; 8-13-2001 by Ord. No. 05.2001.05]
(1)
Logging operations which:
(a)
Utilize best management practices as described in Best Management
Practices for Erosion Control on Timber Harvesting Operations in New
Hampshire; and
(b)
Comply with all applicable state laws including obtaining and
filing an intent-to-cut form according to RSA 79:10, and filing a
complete Notification of Forest Management Activities Having Minimum
Wetlands Impact according to RSA 482-A:3, or obtaining a State Wetlands
Board permit according to RSA 482-A.
(2)
Agricultural activities and operations as defined in RSA 21:34-a,
Farm, Agriculture and Farming, and as governed by RSA 430 provided
such activities and operations are in conformance with the most recent
best management practices determined by the United States Department
of Agriculture Natural Resources Conservation Service, the New Hampshire
Department of Agriculture, and UNH Cooperative Extension.
(3)
Outdoor recreational activities including hunting, hiking, fishing,
swimming and boating.
(4)
Wildlife or fisheries management activities.
(5)
Educational activities and scientific research.
(6)
Activities incidental to ordinary residential use such as normal
ground maintenance including mowing, trimming of vegetation and removal
of dead or diseased vegetation around a residence. Stumps shall remain
in place but can be ground down to existing grade. This shall not
include the regrading or recontouring of land or the clearing of vegetation.
[Amended 5-24-2021 by Ord. No. 2021-235-13, 17, 19]
(7)
Alterations for access to a lot for single-family residential use,
provided that a permit is obtained for such purpose from the State
of New Hampshire Wetlands Board.
G.
Prohibited uses. Uses which are prohibited in the WC District include
the following:
(2)
The bulk storage of chemicals, petroleum products or toxic and hazardous
materials.
(3)
The dumping or disposal of snow and ice collected from roadways and
parking areas.
(4)
Portable
toilets must be at least 33 feet from all wetlands and water bodies
under all circumstances. If a portable toilet will be used during
construction of the project, its temporary location must be indicated
on the plans submitted for review and approval.
[Added 5-24-2021 by Ord.
No. 2021-235-13, 17, 19]
(5)
Newly
established or expanded activity that results in the compaction of
soils, such as parking or storage of vehicles or equipment.
[Added 5-24-2021 by Ord.
No. 2021-235-13, 17, 19]
(6)
Storage
of fill and/or construction materials.
[Added 5-24-2021 by Ord.
No. 2021-235-13, 17, 19]
(7)
Dumping
or burial of construction and demolition (C&D) debris, such as
waste concrete, cement, brick, asphalt, and other inert masonry materials.
C&D debris is required to be disposed of at an authorized facility.
[Added 5-24-2021 by Ord.
No. 2021-235-13, 17, 19]
H.
Uses requiring a conditional use permit. A conditional use permit
is required for the following uses in the WC District:
(1)
The removal of vegetation, the recontouring or grading of the land,
construction of structures, or the placement of impervious surfaces.
[Amended 5-24-2021 by Ord. No. 2021-235-13, 17, 19]
(2)
Activities which alter the natural drainage system resulting in a
change in the flow of water, water level or water table.
(3)
Water impoundments for the purpose of creating a waterbody for wildlife,
on-site detention of stormwater runoff and/or for recreational uses.
(4)
The undertaking of a use not otherwise permitted in the WC District
that is permitted in the underlying zoning district, if it can be
shown that such proposed use is not in conflict with any and all of
the purposes of the WC District.
I.
Standards for granting of a conditional use permit.
(1)
An application for a conditional use permit in the WC District shall be filed with the Planning Board pursuant to Article XII, Conditional Use Permits. The Planning Board shall refer the application to the Conservation Commission for review and comment through the plan review committee process. In acting on the application, the Board shall consider any report received from the Commission.
[Amended 8-13-2001 by Ord. No. 05.2001.05]
(2)
In addition to the requirements of Article XII, the applicant shall provide adequate documentation in order for the Planning Board to make a finding that the proposed use or activity meets the following standards:
(a)
The proposed activity or use is consistent with the purposes
of the WC District.
(b)
The proposed activity minimizes the degradation to or loss of
wetlands, wetland buffers, vernal pools and vernal pool buffers and
minimizes any adverse impact to the functions and values of wetlands,
wetland buffers, vernal pools and vernal pool buffers as determined
by a wetlands evaluation in accordance with the New Hampshire Method,
New Hampshire authored by the Audubon Society, as amended.
[Amended 10-14-2008 by Ord. No. 07.2008.07]
(c)
The proposed activity minimizes the environmental impact to
abutting or downstream property and/or hydrologically connected water
and/or wetland resources.
(d)
The proposed activity or use cannot practicably be located otherwise
on the site to eliminate or reduce the impact to the wetland and/or
its buffer area.
(e)
Federal and/or state permit(s) have been received for the proposed
activity in accordance with Wetlands Board Rules (N.H. Adm. Rules
Wt 100-800), the State Programmatic General Permit and the Army Corps
of Engineers Section 404 Permit.
(f)
Where applicable, proof of compliance with all other state and/or
federal regulations has been received.
(g)
The proposed activity, when being considered, whether concurrently
with subdivision or site plan applications or not, shall take into
account future development requirements or possibilities pertinent
to the land under consideration and shall reasonably provide therefor.
Lots shall be designed to minimize future alterations to wetlands
and wetland buffers.
[Added 10-14-1997 by Ord. No. 10.97.10]
(h)
The activity has been designed using the New Hampshire Department
of Environmental Services, the USDA - Soil Conservation Service and
the Rockingham County Conservation District, Stormwater Management
and Erosion and Sediment Control, A Handbook for Urban and Developing
Areas in New Hampshire, August 1992, as may be amended and New Hampshire
Department of Environmental Services Water Supply and Pollution Control
Division Best Management Practices for Urban Stormwater Runoff, January
1996, as may be amended.
[Added 5-22-2000 by Ord. No. 05.2000.05]
(3)
The Planning Board, in acting on an application for a conditional use permit in the WC District, may attach conditions to its approval, including but not limited to requirements such as more extensive buffers, additional plantings in areas to be revegetated, an increase in the proposed amount of green space and the like. When such additional conditions are imposed, the Planning Board shall be governed by the standards as set forth in Subsection I(2) above.
[Amended 5-22-2000 by Ord. No. 05.2000.05]
J.
Subsurface disposal systems. The following conditions, based on characteristics
of the receiving soil as they relate to United States Department of
Agriculture, Soil Conservation Service drainage classes, shall dictate
the setback requirements for all new leaching portions of new septic
systems, as follows:
(1)
Where the receiving soil downgradient of the leaching portions of
the 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 from a wetland.
(2)
For soils with restrictive layers within 18 inches of the natural
soil surface, the setback shall be at least 100 feet from a wetland.
(3)
For all other soil conditions, the setback shall be at least 75 feet
from a wetland.
Definitions. As used in this section, the following terms shall
have the meanings indicated:
The official map of the City of Laconia on which FEMA has
delineated the regulatory floodway. This map should not be used to
determine the correct flood hazard zone or base flood elevation. The
Flood Insurance Rate Map (FIRM) will be used to make determinations
of flood hazard zones and base flood elevations.
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding
to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow. This definition is for purposes of application of the
Floodplain District provisions.
The official map incorporated with this section on which
FEMA has delineated both the special flood hazard areas and the risk
premium zones applicable to the City of Laconia.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudslide (i.e., mudflow)
and/or flood-related erosion hazards.
Any land area susceptible to being inundated by water from
any source. This definition is for purposes of application of the
Floodplain District provisions.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. This definition is for
purposes of application of the Floodplain District provisions.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot at any point. These areas are designated as floodways on
the Flood Boundary and Floodway Maps. This definition is for purposes
of application of the Floodplain District provisions.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of an official FIRM or after December 31, 1974, whichever is
later, and includes any subsequent improvements to such structures.
For floodplain management purposes, "new construction" means structures
for which the start of construction commenced on or after the effective
date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
A vehicle that is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The land in the floodplain within the City of Laconia subject
to a one-percent or greater possibility of flooding in any given year.
The area is designated on the FIRM as Zones A and A1-30.
Includes substantial improvements, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, placement, or other improvement was within
180 days of the permit date. The "actual start" means either the first
placement of permanent construction of a structure on site, such as
the pouring of slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations,
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or part of the main structure.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank that is principally aboveground,
as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any combination of repairs, reconstruction, alteration, or improvements
to a structure in which the cumulative cost equals or exceeds 50%
of the market value of the structure. The market value should equal:
For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
This term includes structures that have incurred substantial damage,
regardless of actual repair work performed. The term does not, however,
include any project for improvement to a structure required to comply
with existing health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions or any alteration
of a historic structure, provided that the alteration will not preclude
the structure's continued designation as a historic structure.
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required under § 235-18B(4), B(7)(b)[2][c], or B(6)(c) and (d) of this section is presumed to be in violation until such time as that documentation is provided.
A.
The Floodplain District shall consist of all lands designated as
special flood hazard areas by the Federal Emergency Management Agency
in its Flood Insurance Study for the City of Laconia, New Hampshire,
together with the associated Flood Insurance Rate Maps and Flood Boundary
and Floodway Maps of the City of Laconia, dated August 1980, which
are declared to be a part of this chapter.
B.
The following regulations shall apply to all lands designated as
special flood hazard areas by the Federal Emergency Management Agency
in its Flood Insurance Study for the City of Laconia, New Hampshire,
together with the associated Flood Insurance Rate Maps and Flood Boundary
and Floodway Maps of the City of Laconia, dated August 1980, which
are declared to be a part of this chapter.
(1)
All proposed development in any special flood hazard areas shall
require a permit.
(2)
The Director of Planning and Community Development or his or her
designee shall review all building permit applications for new construction
or substantial improvements to determine whether proposed building
sites will be reasonably safe from flooding. The market value of the
structure shall be the appraised value of the structure prior to the
start of the initial repair or improvement or, in the case of damage,
the value of the structure prior to the damage occurring. If a proposed
building site is in a special flood hazard area, all new construction
and substantial improvements shall be:
(a)
Designed (or modified) and adequately anchored to prevent flotation,
collapse or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy.
(b)
Constructed with materials resistant to flood damage.
(c)
Constructed by methods and practices that minimize flood damages.
(d)
Constructed with electrical, heating, ventilation, plumbing
and air-conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(3)
Where new and replacement water and sewer systems (including on-site
systems) are proposed in a special flood hazard area, the applicant
shall provide the Director of Planning and Community Development or
his or her designee with assurance that these systems will be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters, and on-site waste
disposal systems will be located to avoid impairment to them or contamination
from them during periods of flooding.
(4)
The Director of Planning and Community Development or his or her
designee shall maintain for public inspection and furnish upon request
any certification of floodproofing and the as-built elevation (in
relation to mean sea level) of the lowest floor (including basement)
of all new or substantially improved structures and include whether
or not such structures contain a basement. If the structure has been
floodproofed, the as-built elevation (in relation to mean sea level)
to which the structure was floodproofed is required. This information
must be furnished by the applicant.
(5)
The Director of Planning and Community Development or his or her
designee shall review proposed developments to assure that all necessary
permits have been received from those governmental agencies from which
approval is required by federal or state law, including Section 404
of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C. § 1334. It shall be the responsibility of the applicant
to certify these assurances to the Director of Planning and Community
Development or his or her designee.
(6)
Development involving watercourses.
(a)
In riverine situations, prior to the alteration or relocation
of a watercourse, the applicant for such authorization shall notify
the Wetlands Bureau of the New Hampshire Environmental Services Department
and submit copies of such notification to the Director of Planning
and Community Development or his or her designee in addition to the
copies required by RSA 482-A:3. Further, the applicant shall be required
to submit copies of said notification to those adjacent communities
as determined by the Director of Planning and Community Development
or his or her designee, including notice of all scheduled hearings
before the Wetlands Bureau.
(b)
Within the altered or relocated portion of any watercourse,
the applicant shall submit to the Director of Planning and Community
Development or his or her designee certification provided by a registered
professional engineer assuring that the flood-carrying capacity of
the watercourse has been maintained.
(c)
Along watercourses that have a designated regulatory floodway,
no encroachments, including fill, new construction, substantial improvements
and other development are allowed within the designated regulatory
floodway unless it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard engineering practices
that the proposed encroachment would not result in any increase in
flood levels within the community during the base flood discharge.
(d)
Until a regulatory floodway is designated along watercourses,
no new construction, substantial improvements or other development
(including fill) shall be permitted within Zone A1-30 on the FIRM,
unless it is demonstrated that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any point within the community.
(e)
The Director of Planning and Community Development or his or
her designee shall obtain, review, and reasonably utilize any floodway
data available from federal, state, or other sources as criteria for
requiring that all development located in Zone A meet the following
floodway requirement: No encroachments, including fill, new construction,
substantial improvements, and other development are allowed within
the floodway that would result in any increase in flood levels within
the community during the flood discharge.
(7)
Determination of one-hundred-year flood elevation.
(a)
In special flood hazard areas, the Director of Planning and
Community Development or his or her designee shall determine the one-hundred-year
flood elevation in the following order of precedence, according to
the data available:
[1]
In Zones A1 - 30, refer to the elevation data provided in the
community's Flood Insurance Study and accompanying FIRM.
[2]
In unnumbered A Zones, the Director of Planning and Community
Development or his or her designee shall obtain, review and reasonably
utilize any one-hundred-year flood elevation data available from federal,
state, development proposals submitted to the community (for example,
subdivisions, site approvals, etc.) or other source.
[3]
In Zone AO, the one-hundred-year flood elevation is determined
by adding the elevation of the highest adjacent grade to the depth
number specified on the FIRM or, if no depth number is specified on
the FIRM, at least two feet.
(b)
The Director of Planning and Community Development's or his
or her designee's one-hundred-year flood elevation determination will
be used as criteria for requiring in Zones A1-30, AO and A that:
[1]
All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated to
or above the one-hundred-year flood level.
[2]
All new construction and substantial improvements of nonresidential
structures have the lowest floor (including basement) elevated to
or above the one-hundred-year flood level or, together with attendant
utility and sanitary facilities, shall:
[a]
Be floodproofed so that below the one-hundred-year
flood elevation the structure is watertight with walls substantially
impermeable to the passage of water.
[b]
Have structural components capable of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
[c]
Be certified by a registered professional engineer
or architect that the design and methods of construction are in accordance
with accepted standards of practice for meeting the provisions of
this section.
[3]
All manufactured homes to be placed or substantially improved
within special flood hazard areas shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is
at or above the base flood level and be securely anchored to resist
flotation, collapse or lateral movement. Methods of anchoring may
include but are not limited to use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable state
and local anchoring requirements for resisting wind forces.
[4]
For all new construction and substantial improvements, fully
enclosed areas below the lowest floor that are subject to flooding
are permitted, provided that the enclosed areas meet the following
requirements: the enclosed area is unfinished or flood-resistant,
usable solely for parking of vehicles, building access or storage;
the area is not a basement; and the area shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria: a
minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens, louvers
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
[5]
Proposed structures to be located on slopes in special flood
hazard areas, Zones AH and AD, shall include adequate drainage paths
to guide floodwaters around and away from the proposed structures.
[6]
All recreational vehicles placed on sites within Zones A and
A1-30 shall either:
[a]
Be on the site for fewer than 180 consecutive days;
[b]
Be fully licensed and ready for highway use; or
[c]
Meet all standards of § 235-18B(1) of this section and the elevation and anchoring requirements for manufactured homes in § 235-18B(7)(b)[3] of this section.
|
Note: A recreational vehicle is ready for highway use if it
is on its wheels or jacking system, is attached to the site only by
quick-disconnect-type utilities and security devices, and has no permanently
attached additions.
|
(8)
Variances and appeals.
(a)
Any order, requirement, decision or determination of the Building
Inspector made under this ordinance may be appealed to the Zoning
Board of Adjustment as set forth in RSA 676:5.
(b)
If the applicant, upon appeal, requests a variance as authorized
by RSA 674:33, 1(b), the applicant shall have the burden of showing
in addition to the usual variance standards under state law that:
[1]
The variance will not result in increased flood heights, additional
threats to public safety, or extraordinary public expense.
[2]
If the requested variance is for activity within a designated
regulatory floodway, no increase in flood levels during the base flood
discharge will result.
[3]
The variance is the minimum necessary, considering the flood
hazard, to afford relief.
C.
Severability: The invalidity of any section or provision of this
section shall not invalidate any other section or provision thereof.
A.
Authority. The SP District is established in accordance with the
provisions of RSA 483-B:8, Shoreland Protection Act, Municipal Authority.
B.
Purpose and intent. The purpose of the SP District is to establish
standard for the use and development of shorelands adjacent to public
waters, as defined herein. The intent of this chapter is to minimize
the degradation of shorelands, protect water quality, and assure the
retention of benefits provided by such shorelands, including but not
necessarily limited to:
[Amended 8-13-2012 by Ord. No. 09.2012.09]
(1)
Maintenance of safe and healthy conditions.
(2)
Prevention and/or control of water pollution.
(3)
Protection of fish, bird and wildlife habitat.
(4)
Reduction or elimination of flooding and accelerated erosion.
(5)
Protection of wetlands and their important natural functions.
(6)
Maintenance of water quantity and related stream flows during low
flow periods.
(7)
Protection of shoreland cover as a means of maintaining water quality.
(8)
The conservation and protection of natural beauty and the scenic
qualities which are critical attributes of the City of Laconia.
(9)
Protection of the economic benefits that the natural beauty and the
scenic qualities shoreland cover provide to tourism.
C.
Establishment of the SP District. The SP District shall include all
land within 250 feet of the reference line of public waters as listed
below. The SP District shall be superimposed upon other zoning districts
in this chapter, and the regulations pertaining to the SP District
shall be in addition to the regulations of the underlying districts
and other City ordinances and regulations. Where any provision of
these regulations imposes restrictions different from those imposed
by any other ordinance, rule, regulation or other provision of law,
whichever provisions are more restrictive or impose higher standards
shall control, except where specifically exempted. The SP District
is established in the following areas:
[Amended 10-14-1997 by Ord. No. 10.97.10]
(1)
Lake Winnipesaukee from the Meredith Town line southeasterly to the
intersection of Lakeside Avenue and Centenary Avenue and from the
Gilford Town line westerly to the Commercial Resort District boundary
line;
(2)
The westerly side of Paugus Bay from Hilliard Road at Moultons Cove,
southerly to the railroad crossing of School Street;
(3)
The easterly side of Paugus Bay from the boundary line shared by
Tax Lots Nos. 75-248-2 and 74-248-4 southerly to the boundary line
shared by Tax Lot Nos. 62-23-4 and 62-248-6 at the intersection of
Weirs Boulevard, White Oaks Road and Lake Street;
(4)
Lake Opechee from a point on a southwesterly projection of the center
line of Fairmont Street, northwesterly to the most northerly point
of the lake and continuing southeasterly to the Messer Street Bridge;
(5)
The entire shoreline of Pickerel Pond; and
(6)
Winnisquam Lake from the Meredith Town line, southeasterly to a point
on a southwesterly projection of the center line of Fenton Street.
D.
Prohibited uses. The following uses, whether as defined in this chapter
or as the terms are commonly understood, are prohibited in the SP
District:
[Amended 10-14-1997 by Ord. No. 10.97.10]
(1)
Establishment or expansion of salt storage sheds, junkyards and solid
or hazardous waste facilities.
(3)
Bulk storage of chemical fertilizer, pesticides and herbicides.
[Amended 8-13-2012 by Ord. No. 09.2012.09]
(a)
The use and application of pesticides and herbicides.
(4)
Bulk storage of petroleum products or hazardous materials.
(5)
Sand and gravel excavations as defined in RSA 155-E, Local Regulation,
Excavation.
(6)
Processing of excavated materials.
(7)
Dumping or disposal of snow and ice collected from roadways or parking
areas outside the district.
(8)
Car washing facilities.
(9)
Auto repair and body shops.
(10)
Chemical and bacteriological laboratories.
(11)
Commercial painting, wood preserving and furniture stripping.
(12)
Dry cleaning.
(13)
Electronic circuit assembly.
(14)
Laundromats unless connected to a municipal sewer system.
(15)
Metal plating.
(16)
Photographic processing.
(17)
Printing.
(18)
Invasive species as listed under New Hampshire DES banned invasive
species list.
[Added 8-13-2012 by Ord. No. 09.2012.09]
(19)
The definition of "hazardous waste" as defined by the United
States Environmental Protection Agency: "Hazardous waste is waste
that is dangerous or potentially harmful to our health or the environment.
Hazardous wastes can be liquids, solids, gases, or sludges. They can
be discarded commercial products, like cleaning fluids or pesticides,
or the by-products of manufacturing processes." (See http://www.epa.gov/osw/hazard
for a more detailed list.)
[Added 8-13-2012 by Ord. No. 09.2012.09]
(20)
Portable toilets must be at least 33 feet from all wetlands and water
bodies under all circumstances. If a portable toilet will be used
during construction of the project, its temporary location must be
indicated on the plans submitted for review and approva
[Added 5-24-2021 by Ord.
No. 2021-235-13, 17, 19]
(21)
Dumping or burial of construction and demolition (C&D) debris,
such as waste concrete, cement, brick, asphalt, and other inert masonry
materials. C&D debris is required to be disposed of at an authorized
facility.
[Added 5-24-2021 by Ord.
No. 2021-235-13, 17, 19]
E.
Subsurface waste disposal systems.
(1)
The minimum lot size for new lots in areas not served by municipal
sewer shall be as follows:
(a)
Where the lot is served by a municipal water system, the minimum
lot size shall be one acre, or as determined by the New Hampshire
Department of Environmental Services (NHDES), Division of Water Supply
and Pollution Control, whichever is the larger; or
(b)
Where a municipal water system is not available to serve the
lot, the minimum lot size shall be two acres, or as determined by
the NHDES, Division of Water Supply and Pollution Control, whichever
is the larger.
(2)
All new lots created within the protected shoreland that are not
served by a municipal sewer system are subject to subdivision approval
by the New Hampshire Department of Environmental Services in accordance
with the Division of Water Supply and Pollution Control publication
Subdivision and Individual Disposal System Design Rules, Env-Ws 1000.
(3)
All subsurface waste disposal systems must be designed and installed
in accordance with the NHDES, Division of Water Supply and Pollution
Control, publication Subdivision and Individual Sewage Disposal System
Design Rules, Env-Ws 1000.
(4)
The following conditions, based on the characteristics of the receiving
soil as they relate to United States Department of Agriculture Natural
Resource Conservation Service drainage classes, shall dictate the
setback requirements for all new leaching portions of new septic systems,
as follows:
(a)
Adjacent to freshwater bodies:
[1]
Where the receiving soil downgradient of the leaching portions
of the septic system is porous sand and gravel material with a percolation
rate faster than two minutes per inch, the setback shall be at least
125 feet from the reference line.
[2]
For soils with restrictive layers within 18 inches of the natural
soil surface, the setback shall be at least 100 feet from the reference
line.
[3]
For all other soil conditions, the setback shall be at least
75 feet from the reference line.
(b)
Adjacent to rivers, the setback shall be at least 75 feet from
the reference line.
F.
Minimum requirements within specified areas of the SP District.
(1)
Waterfront buffer requirements.
[Amended 8-13-2012 by Ord. No. 09.2012.09; 5-24-2021 by Ord. No. 2021-235-13,
17, 19]
(a)
Establishment of the waterfront buffer. The waterfront buffer is established within 50 feet of the reference line of the public waters listed in § 235-19C. The purpose of this buffer shall be to protect the quality of public waters by minimizing erosion, preventing siltation and turbidity, stabilizing soils, preventing excess nutrients and chemical pollution, maintaining natural water temperatures, maintaining a natural tree canopy and understory, preserving fish, bird and wildlife habitat and respecting the overall natural conditions of the protected shoreland.
(b)
Within this area, dead, diseased, unsafe, noxious or fallen
trees or saplings may be removed, provided that dead and living trees
that provide dens and nesting places for wildlife are encouraged to
be preserved.
(c)
The existing natural shoreline, vegetation, and soil shall not
be disturbed except in compliance with all local, state (New Hampshire
Code of Administrative Rules Wt. 100-800) and federal regulations.
(d)
No stumps can be removed, although they can be ground down to existing
topographical grade.
(2)
Development standards.
(a)
New lots; cluster development.
[Amended 10-14-1997 by Ord. No. 10.97.10]
(b)
New primary structures and additions to existing structures
shall be set back at least 50 feet from the reference line of public
waters.
[Amended 10-14-1997 by Ord. No. 10.97.10; 8-13-2012 by Ord. No. 09.2012.09; 5-24-2021 by Ord. No. 2021-235-13, 17, 19]
(c)
No primary structure or additions thereto shall exceed 35 feet
in height.
[Amended 10-14-1997 by Ord. No. 10.97.10]
(d)
Total green space shall be no less than 70% of a lot. Within
cluster developments, total green space shall be no less than 70%
of the total development area utilized to calculate unit density.
[Amended 10-14-1997 by Ord. No. 10.97.10]
(e)
Roads and/or driveways shall be set back at least 50 feet from
the reference line and shall be designed to minimize disturbance to
existing natural vegetation and topography, except for bridges and
bridge approaches and access ways for fire-fighting equipment.
(f)
Water-dependent uses and structures, including but not necessarily
limited to boathouses, beaches, docks and moorings, are permitted
subject to receipt of a federal and/or state permit(s) in accordance
with Wetlands Board Rules (New Hampshire Adm. Rules Wt 100-800), the
State Programmatic General Permit and the Army Corps of Engineers
Section 404 Permit, and any other applicable state and/or federal
regulations.
(g)
Impervious structures and surfaces must be set back at least 50 feet
from the reference line. This includes but is not limited to patios,
firepits, sheds, retaining walls four feet in height or greater, etc.,
unless they are designed to be pervious.
[Added 5-24-2021 by Ord. No. 2021-235-13, 17, 19]
(h)
If invasive species as listed under New Hampshire DES banned invasive
species list are encountered within the construction area, they must
be made not viable and properly disposed of.
[Added 5-24-2021 by Ord. No. 2021-235-13, 17, 19]
(3)
Common beaches. Standards and provisions relating to shorefront lots which are intended for common access by non-shoreland property owners, within a development or subdivision which owns or has control over the common land, are addressed in Article VI, Supplementary Provisions.
(4)
Nonconforming lots of record. The use of nonconforming lots of record within the SP District is addressed in Article X, Nonconforming Lots, Uses and Structures.
(5)
Additional requirements for a building permit in the SP District.
Application materials for a building permit in the SP District shall
include the following:
(a)
Photographs of the lot that display the extent of the existing
vegetative buffer.
(b)
A sketch plan that indicates the location and extent of existing
stands of trees, shrub groups, grassed areas, exposed soil, and rock
outcrop.
(c)
A sketch plan indicating existing and proposed buildings, green
space, septic systems and areas of disturbance.
(d)
Include a sketch and photographs of the location of invasive
milfoil in and around any docking structures.
[Added 8-13-2012 by Ord. No. 09.2012.09]
(6)
Any and all work must be conducted in compliance with local, state
and federal regulations.
[Added 5-24-2021 by Ord. No. 2021-235-13, 17, 19]
A.
The Commercial Core Parking Overlay District shall consist of all
property lying within the area described as follows: Beginning at
a point where Church Street (44) crosses the Winnipesaukee River,
then running southerly and then southwesterly along the center line
of the river to a point where Fair Street crosses the river; then
running northerly along the center line of Fair Street and continuing
northerly in this same direction to the boundary between MSL 441-74-25
& 26 to the rear boundary of 441-74-26; then northeasterly along
said rear boundary to Cross Street (58) to the rear boundary of 441-167-29;
then easterly along said rear boundary and continuing along the rear
boundary of 441-167-30 & 31; then westerly along the boundary
between 443-58-21 and 443-167-4 to the rear boundary of 443-167-4;
then along said rear boundary to the boundary between 443-186-10 and
443-167-5 & 6; then easterly along the boundary between 443-167-6
and 443-186-8; then along the boundary between 443-186-8 and 443-186-7
to Pleasant Street (186); then easterly along the center line of Pleasant
Street (186) to the boundary between Lots 443-186-79 & 80; along
said boundary and continuing along the boundary between 443-186-79
and 443-167-81 and then westerly along the boundary 443-186-79; then
northwesterly along the boundary between 424-101-67 and 424-101-79
to Harvard Street (101); then easterly along the center line of Harvard
Street to Main Street (142); then northerly along Main Street (142)
to the boundary between lots 424-142-78 & 77; then easterly along
said boundary and continuing easterly along the rear boundary of 424-176-26;
then turning south and continuing southerly along the boundary between
424-142-78 and 424-176-23 to and across the State of NH RR to and
along the boundary between 432-44-1 (library) and 425-158-1 (church)
to Church Street (44); then along the center line of Church Street
(44) to the point of beginning.
[Amended 5-22-2000 by Ord. No. 05.2000.05]
B.
The Commercial Core Parking Overlay District is intended to recognize
and encourage the special aggregation and concentration of uses that
occur and are desired in the downtown commercial core area, traditionally
referred to as the "central business district." This area is characterized
by a high intensity of use, a dense and connective fabric of buildings
and a dynamic, ever-changing mix of uses. This density of use generates
high parking demand and is typically characterized by multipurpose
vehicle trips. Sufficient and reasonably convenient parking in the
commercial core area should be provided through joint public and private
efforts on a block and/or district level.
A.
The Housing Redevelopment Overlay District is established in order
to promote the redevelopment of affordable housing units, to encourage
investment in multiunit housing stock, to increase the quality of
living conditions for renters, to provide rental housing in close
proximity to the central business district and to preserve the character
of the City's urban neighborhoods. This district provides opportunity
for the redevelopment of properties with duplex and multiunit housing
stock in densities similar to those initially constructed or currently
existing within the district.
B.
Requirements for the Housing Redevelopment Overlay District (HROD)
shall be as stated in the underlying zoning district except as follows:
(1)
Lots eligible for redevelopment.
(a)
Duplex and multifamily housing lots. Lots developed for duplex
or multifamily housing as indicated in the City Assessor's records
as of July 17, 1995, may be redeveloped for duplex and multifamily
housing.
(b)
Single and undeveloped lots. Lots developed for single-family
housing and undeveloped lots existing as indicated in the City Assessor's
records as of July 17, 1995, may be included in a consolidation for
redevelopment, provided that the area of the lots does not exceed
25% of the total lot area to be redeveloped.
(c)
Nonresidential lots. Redevelopment under this section shall
not include lots which have nonresidential uses as their primary use.
(2)
Lot consolidation. Lots which meet the requirements under Subsection B(1) above and the requirements below may be consolidated for redevelopment under this section.
(3)
Density permitted. Unit density within the district shall be computed
as the total number of units divided by the total parcel acreage.
Density is limited to 12 units per acre or the current unit density
of the redevelopment area, whichever is less.
(4)
Green space. A minimum of 25% of the lot area shall be dedicated
to green space.
(5)
Setbacks. Minimum setbacks from property lines shall be as follows:
(a)
Front setback: average of the setbacks of the existing dwellings
or buildings on the immediately adjacent lots or 10 feet, whichever
is greater.
(b)
Side setback: 10 feet of the distance of the existing dwelling
to the property line, whichever is less.
(c)
Rear setback: 15 feet or the distance of the existing dwelling
to the property line, whichever is less.
[Added 7-8-2019 by Ord.
No. 2019-235-21.1]
A.
The Performance Zoning Overlay District is adopted as an innovative land use control pursuant to RSA 674:21. The provisions of Subsections B through F of this section shall apply to any lot encompassed by the boundaries of the Urban Commercial (UC) Zone, any lot encompassed by the boundaries of the previously defined Weirs Tax Increment Finance (TIF) District, Parcels 318-155-1, 318-538-1.1, 332-404-1, 296-155-1, 333-155-1, 333-155-2, 363-155-1, and 363-155-2. These provisions shall not apply to:
[Amended 12-27-2021 by Ord. No. 235-21.1]
(1)
Residential parcels containing four or fewer units of housing.
(2)
Nonresidential parcels proposing additions to, or expansion
of, existing uses resulting in an increase of less than 3,000 square
feet of gross floor space.
(3)
Residential parcels proposed to be changed to nonresidential
use(s) or mixed residential and nonresidential uses, resulting in
less than 3,000 square feet of gross floor space.
B.
In accordance with RSA 674:21, l(i), the intent of these provisions
is to promote flexibility in redevelopment of parcels in the UC Zone, parcels
in the Weirs TIF District, and Parcels 318-155-1, 318-538-1.1, 332-404-1,
296-155-1, 333-155-1, 333-155-2, 363-155-1, and 363-155-2, based upon
a development plan which is consistent with the City of Laconia Master
Plan. The process allows flexibility for a redevelopment project to
be proposed largely independent from the following current land use
regulations: the selection of land uses, density, setbacks, signs,
buffers, building heights, lot sizes, lot dimensions, and parking
requirements otherwise applicable to the property.
[Amended 12-27-2021 by Ord. No. 235-21.1]
C.
The Planning Board may grant conditional use permits, consistent
with the criteria noted below. An applicant is not entitled to a conditional
use permit, and the Planning Board may, in its discretion, decline
to grant such permit if the Board determines that such permit is not
justified or warranted in accordance with the below criteria and the
intent of this regulation. This provision is adopted as an innovative
land use control pursuant to RSA 674:21, II, and the Planning Board
is vested with sole authority to administer it and to grant the conditional
use permits. All other zoning regulations shall apply, including,
but not limited to, steep slope regulations and wetland and wetland
buffers.
D.
As part of the site plan approval process for redevelopment in the
UC Zone, any parcel within the Weirs TIF District, and Parcels 318-155-1,
318-538-1.1, 332-404-1, 296-155-1, 333-155-1, 333-155-2, 363-155-1,
and 363-155-2, the applicant/owner shall be required to prepare an
overall development plan for the entire parcel if it exceeds five
acres in total size or if the plan is combining three or more lots
of any size; otherwise a traditional site plan shall be submitted.
The overall development plan shall show existing site conditions and
proposed development, including the general types, locations and intensities
of proposed land uses and proposed traffic and pedestrian flows, and
shall generally indicate how the proposed development of the site
will impact municipal services and facilities and abutting properties.
[Amended 12-27-2021 by Ord. No. 235-21.1]
E.
Criteria.
(1)
The overall development plan shall meet the following criteria
for redevelopment:
(a)
Creating a well-planned and integrated development which may
include a mixture of land uses, including residential, retail, office,
entertainment, hotels, restaurants, or other uses compatible with
adjacent parcels that enhance the overall community.
(b)
Mitigating negative impacts on traffic, public utilities, municipal
services, and natural resources.
(c)
Limiting new access points on existing streets.
(d)
Providing transitions between existing and proposed land uses
which protect residential abutters.
(e)
Providing high-quality site planning and architectural, landscaping
and signage designs that meet the design standards in the Site Plan
Review Regulations.
(f)
Minimizing views of large parking lots from existing streets.
(g)
Creating pedestrian and vehicular links to abutting parcels.
(h)
Establishing open space and pedestrian amenities, including
usable common land and wide sidewalks.
(2)
The Planning Board shall have sole authority for approval of
an overall development plan based on the criteria noted above. The
Board may approve amendments or revisions to a previously approved
overall development plan.
F.
All subsequent site plans and/or subdivisions submitted to the Planning
Board for approval within the parcel shall conform to the overall
development plan, if one was required, as well as these provisions
and the Subdivision and/or Site Plan Review Regulations, as applicable.
The Planning Board may adopt additional performance standards for
large-scale redevelopment projects as part of its regulations.
[Added 12-9-2019 by Ord.
No. 2019-235-21.2]
A.
Purpose. This section establishes an Historic Overlay District (HOD)
in the City of Laconia pursuant to RSA 673:4 and 674:45 through 674:50.
The purpose of the HOD is to preserve and promote the historic, cultural,
educational, economic, and general welfare of the community by:
(1)
Protecting and preserving structures, places, and properties
that reflect elements of the cultural, social, economic, and political
heritage of the City;
(2)
Promoting the preservation, restoration, rehabilitation, and
adaptive reuse of structures and places of historical, architectural,
and community value as well as vistas of significance within the HOD;
(3)
Conserving property values in the HOD;
(4)
Protecting and enhancing the attractiveness of the HOD;
(5)
Promoting the use of the HOD for the education, pleasure, and
welfare of the citizens of the City.
B.
Historic District Commission.
(1)
Organization, membership, and procedures.
(a)
Members of the Commission shall be appointed by the City Council.
(b)
The Commission shall consist of five regular members and up
to two alternate members. All members shall be residents of the City
of Laconia; one shall be a member of the Laconia City Council, and
one shall be a member of the Laconia Planning Board. In determining
the qualifications of a Commission member, consideration will be placed
on his or her demonstrated interest and ability to understand, appreciate
and promote the purpose of the District.
(c)
The Commission members shall be appointed for staggered three-year
terms. Members shall serve without compensation. In the event of a
vacancy on the Commission, interim appointments may be made to complete
any unexpired term.
(d)
The Commission shall annually elect a Chair, Vice Chair, and
Secretary from among its membership.
(e)
The Commission may from time to time adopt and amend, with the
approval of the City Council and public input, such rules and regulations
as are consistent with the intention of this chapter and of state
enabling legislation.
(f)
The Commission shall develop and submit an annual report and
request for funds to the City Council. Subject to appropriations or
other income, the Commission may employ clerical and technical assistants
or consultants. The Historic District Commission may accept gifts
of money or services, or grants, and may hold or expend such gifts
or grants for the purposes of this chapter in accordance with the
City's ordinances and policies and state RSAs. The Commission shall
have an annual budget as appropriated by the City Council, and the
budget will be managed by the Commission in cooperation with the Planning
Department.
(g)
The decisions of the Commission shall be by vote of the majority
of the Commission members, meaning all votes to approve or deny must
be by three or more members regardless of the number of members present.
(2)
Powers and duties.
(a)
The Historic District Commission shall review applications within
the Historic Overlay District ("Historic District" or "District"),
approving, approving with conditions, or denying applications, as
appropriate. The HDC may assume any other responsibilities related
to the Historic District consistent with RSA 674:46-a.
(b)
The Historic District Commission may consult and work in conjunction
with the Heritage Commission toward a broader role in promoting historic
preservation in general.
(c)
Pursuant to RSA 674:44-b, the Historic District Commission may:
[1]
Call upon City staff, citizens, abutters to applicants,
and professionals, as it sees fit, for input, consultation, and recommendations
on matters before the Commission.
[2]
Conduct small area or community-wide surveys of
historic, architectural, and cultural resources. This activity could
be in conjunction with the Heritage Commission.
[3]
Nominate structures and districts for listing in
the New Hampshire State Register of Historic Places and National Register
of Historic Places and review all proposed National Register nominations
within the City; keep a record of all properties that are included
in local historic districts, listed in the National Register, or determined
eligible for National Register listing. This activity could be in
conjunction with the Heritage Commission.
[4]
Prepare historic resources sections of local master
plans and ensure that the impacts on historical resources are considered
at every level of local decisionmaking.
[5]
Advise other local, state, and federal government
entities about historical, architectural, archaeological, and cultural
resources, and advocate for the identification, protection, and preservation
of these resources.
[6]
Review applications for zoning amendments, variances,
conditional uses, and other approvals affecting property in the Historic
District.
[7]
Recommend to the Planning Board and City Council
amendments to this section.
[8]
Investigate and recommend to the Planning Board
and City Council new areas for designation as historic districts.
[9]
Act as a liaison between local government and individuals
or organizations concerned with historic preservation.
[10]
Educate municipal officials, historic district
property owners, owners of other historic properties, and the general
public about the Historic District and historic preservation in general.
[11]
Participate in informational, advisory, and policy
setting meetings about historic preservation issues, historic district
commissions, heritage commissions, and the Certified Local Government
Program of the National Park Service.
[12]
Develop and administer a system of markers and
monuments recognizing individual properties in the Historic District
with the cooperation of the property owner.
[13]
Coordinate with other City boards in the review
of items, such as lighting or parking areas, in the Historic District
or immediately abutting that might also be subject to review by those
boards.
C.
Designation of Historic District.
(2)
Criteria for designation. The following criteria should be considered
when the Historic District Commission, Planning Board, and City Council
deliberate the enlargement or reduction of an existing district or
the creation of a new district. In any district which contains multiple
properties or structures, not every property or structure need meet
these criteria. Rather, the district overall should embody a significant
degree of continuity, cohesiveness, integrity, and conformity with
one or more of the following criteria.
(a)
The site is identified with or significantly represents or exemplifies
one or more significant cultural, social, political, economic, or
military events in the history of the City of Laconia, region, state,
or nation.
(b)
The site is associated with a person or persons of historic
significance.
(c)
The site embodies distinguishing characteristics of, or quality
in, design, detailing, materials, craftsmanship, or a particular architectural
style.
(d)
The site is identified as the work or representing the work
of a master builder, designer, architect, engineer, or landscape architect
whose individual work was influential in the development of the City,
region, state, or nation.
(e)
The site's unique location and characteristics make it an established
and appreciated element or visual landmark for the community.
(f)
The site's age, good condition, and special features make it
worthy of preservation.
(g)
The site has yielded or is likely to yield significant archaeological
information.
(h)
The site contributes to the visual continuity of the District.
D.
Identification of the Historic Overlay District. A Zoning Map of the HOD as amended, including all the notations, references, district boundaries, and other information shown thereon, is incorporated by reference as part of this section and is on file with the City Clerk. If there are any inconsistencies between the map and the listing of map and lot numbers under Subsection D(2), the listing of map and lot numbers herein shall prevail.
(1)
Locating boundaries. The district lines drawn on the HOD Map
are generally on or parallel to a street, watercourse, or lot line,
and shall, unless there are indications to the contrary, be deemed
to be:
(2)
Delineation of the District. The HOD is defined as that area
made up of the lots listed below, including those that are City-owned
lots, as delineated on the Laconia City Tax Maps, excluding road rights-of-way.
However, any buildings or portions of buildings or stone walls or
portions of stone walls that are located in any road right-of-way
within the boundaries of the HOD shall be subject to review by the
HDC. Unless otherwise noted, all of the land composing each lot shall
be considered to lie within the District. Should any of the lots listed
below be subdivided or combined with other lots in the future, the
new lots, or applicable portions of those new lots, that are located
within the Overlay District as delineated herein, at the time that
the District is established, shall be included in the HOD.
E.
Purview of the Commission.
(1)
Activity within the Historic Overlay District subject to review.
Approval of the HDC is required for the following activities and structures
within the HOD. Approval is not required for any activity or parts
of the structure that are not visible from the street at any time
of the year:
(a)
Pertaining to structures within the Historic District: modifications
to the exterior architectural appearance (See definition.) of the
property, including erection of new structures (See definition for
"Structure."), additions to existing structures, alterations to existing
structures, demolition of existing structures or portions of existing
structures. Also pertains to the relocation of any structure into,
out of, or within the HOD.
[1]
EXTERIOR ARCHITECTURAL APPEARANCE
STRUCTURE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The architectural character, general composition, and arrangement
of the exterior of the structure, including the kind, color, and texture
of the building materials and type and character of windows, doors,
light fixtures, signs, and appurtenant elements.
Anything within the HOD that is built or constructed with
a fixed location on the ground or attached to anything with a fixed
location on the ground, including but not limited to buildings, fences,
walls, signs, light fixtures, decks, porches and steps.
(b)
Installation, modification, or removal of exterior freestanding
lighting structures.
(c)
Erection, alteration, or removal of a wall or fence.
(d)
Installation of pavement or other impervious or semi-impervious
material on the ground or establishment of any parking or driveway
area within the area located forward of the front elevation of the
building.
(e)
Installation of any new roofing material where the material, form, or color will change significantly. However, where failure to repair a roof will result in immediate damage to the structure, the Code Enforcement Officer may grant approval for emergency temporary repairs and immediately notify the HDC, which will then review the work at its next opportunity (unless exempt under Subsection E(2), below).
(g)
Building- and ground-mounted utilities and roof penetrations
that would be visible from a public street within the Historic District
at any time of the year, unless necessary for public safety. The Commission
needs to recognize and reasonably allow equipment for new or future
technology.
(2)
Activity exempt from review. No review or certificate of approval
shall be required for the following:
(a)
Work performed on the interior of buildings, except for those
buildings within the HOD that have been previously designated by the
Historic Commission as significant for their interior architectural
or artistic value.
(b)
General maintenance and in-kind repair which does not involve
any significant change in materials or the outward appearance of the
structure or site.
(c)
Installation or removal of any plant materials that does not
alter the street facade.
(d)
Any of the following items if they are situated on a building
or on a lot such that no part of them will be visible from a public
street within the Historic District at any time of the year: antenna,
wall siding, a change in roofing material, outbuilding not exceeding
400 square feet, deck, swimming pool, fence, patio, wall, barbecue
pit, satellite dish, solar panels, roof vents and other structures
situated on or penetrating through the roof, septic tank, leach field,
well, any other utilities, and other yard appurtenances. Temporary
placement or use of any of these items that would be visible is permitted
without the approval of the Historic Commission (use for less than
10 days).
(e)
Construction, alteration, or demolition of any structure or
element of a structure that the Code Enforcement Officer certifies
as being the only means of avoiding an immediate health or safety
emergency prior to the HDC convening a meeting to consider the matter.
In such an instance, the Code Enforcement Officer shall immediately
notify the Commission of his or her certification. The HDC will review
such work at its first opportunity if it deems appropriate.
(f)
Painting or staining a building when the color will not change.
(g)
Colors of paint and stain applied to a residential or commercial
structure that the HDC determines does not contribute significantly
to the character of the District.
(h)
Utility poles, flagpoles, mailboxes, or window air conditioning
units in a single-family residence or accessory apartment.
(i)
Installation of any new roofing material where the material,
form, or color will not change significantly.
(j)
Items which are not explicitly addressed in this subsection
but for which the proposed work clearly:
F.
Procedures for review of a certificate of approval.
(1)
Application. In order to be considered at the next scheduled
HDC meeting, an application for a certificate of approval shall be
submitted to the Laconia HDC through the Planning Department no fewer
than 14 calendar days prior to that meeting. When the deadline would
fall on a weekend or holiday, the application must be submitted by
the next workday. In the case of a special meeting, the Chair may
allow for a shorter timeframe for submission of materials. Applications
must be emailed, postmarked, or hand delivered to City Hall by midnight
on the day of the deadline.
(a)
Application materials.
[1]
The application package shall include the items
listed below, when applicable, as determined by the HDC:
[a]
Application form: a completed application form
as provided by the Planning Department.
[b]
Site plans: site plans when necessary to depict
the proposed changes.
[c]
Elevation drawings: elevation drawings to scale
of each affected facade subject to review.
[d]
Details: detail drawings of project-specific elements.
[e]
Photographs: photographs of each side of any building
proposed for alterations, additions or demolition, and one of the
overall sites.
[f]
Samples: if requested by the Commission, provide
samples, swatches, colors, and/or manufacturer's cut sheet of materials
to be used as appropriate.
[g]
Other items: any other items which the Commission
may reasonably need to conduct its review, including perspective drawings
of the subject buildings; accurate, to-scale renderings of nearby
buildings; and any type of rendering, view, or model which shows the
proposed construction in context.
[2]
The Commission may, at its discretion, waive requirements
for the submission of any or all of the above items as well as for
drawings to be precisely drawn to sale on smaller or less complex
projects. There is no application fee for applications to the Historic
District Commission.
(b)
Other requirements.
[1]
Measurements. Measurements on all plans, including
building heights, shall be provided in a clear manner. When revised
plans are submitted, the measurements shall be provided in a manner
consistent with prior plans.
[2]
Revisions. When subsequent revised plans are submitted,
the revised plans shall clearly indicate every change from the prior
set of plans.
[3]
Elements subject to review. It is the responsibility
of the applicant to point out or highlight, in some clear manner,
every element of the proposed project that is subject to HDC review.
[4]
Changes made by other boards. When any change in
the design approved by the HDC, pertinent to any element subject to
HDC review, is made by another body, such as the Planning Board or
Zoning Board of Adjustment, the plans shall be brought back to the
HDC for review and approval.
(2)
Review of the application.
(a)
Determination of appropriateness. In deliberating whether to
grant or deny approval, the HDC shall make a determination as to the
appropriateness of the work proposed by determining whether or not
the proposal conforms to the provisions of this article.
(b)
Submission of materials and time frame. It is the responsibility
of the applicant to submit all necessary items. As long as the application
form itself is submitted by the deadline, the application will be
included on the next agenda; however, the applicant is urged to submit
all pertinent materials by the deadline (or shortly afterward in consultation
with the staff) in order to ensure that HDC members have access to
the materials well in advance of the meeting and to increase the chances
that the HDC will be able to take final action at the meeting (if
all is in order and the application meets the requirements of this
section). It is understood that some items, such as samples and swatches,
may be presented at the meeting.
(c)
Pursuant to RSA 676:9, I, the HDC must take final action within
45 days of submission of the application form. In most cases this
will allow for two meetings of the HDC. When additional meetings are
needed, the HDC will request an extension on the timeframe. An applicant's
refusal to grant an extension could be grounds for denial of the application
due to an inability to fully review the proposal.
(d)
Dialogue with applicant. The applicant may present his or her
application at the Commission meeting(s). When there are aspects of
the proposal which may not conform to this article, the Commission,
at its discretion, may advise the applicant to find reasonable cost
approaches to meet his or her objectives with a project which still
conforms to the standards of this article, or may agree to certain
compromises with the applicant even if the compromise does not conform
to the standards of this article.
(e)
Public hearing. The Commission is required to hold a public
hearing on any application, at which time opinions of abutters and
interested citizens shall be heard. Notice of the public hearing during
an HDC meeting shall be sent to abutters and posted in accordance
with established City policy, and advertised in a newspaper of general
circulation at least 10 calendar days prior to the hearing. In the
case of significant projects that involve demolition, the HDC may
hold an additional public hearing any time after the start of construction
to allow for concerns to be identified and conveyed to the applicant
and City enforcement officials. Applicants shall be invited and encouraged
to attend any such public hearing meeting, but it is not required.
(f)
Professional advice. The Commission may seek advice from such
professional, educational, cultural, or other sources as is deemed
necessary. In such cases, the fees for the consultant shall be paid
by the City.
(g)
Setting parameters. When the Commission deems appropriate in
dealing with violations of this section and other matters, it shall
work with property owners in a flexible manner in setting time frames
and other benchmarks to guide how and when specific work must be completed,
recognizing that violations must be adequately addressed by the property
owner.
(3)
Action on an application.
(a)
To the extent practical and appropriate, as determined by City
staff, an applicant may file applications for permits simultaneously
to the Planning Board and the Commission. Reviews shall be coordinated
by the City staff to ensure that all necessary approvals are obtained
and are consistent with one another.
(b)
The HDC shall act on all applications within 45 days of the
meeting at which the Commission accepts the application as complete.
This time frame may be extended by consent, at the request of the
Historic Commission or request of the applicant, for an additional
period not to exceed 45 days. In cases where the HDC requests additional
information/documentation/materials and continues an application from
one meeting to another, the application shall be deemed to have been
not complete at that first meeting unless accepted as complete.
(c)
The Commission's decisions shall be documented, and official
notification of its actions will be provided to the applicant. Failure
by the Commission to act within the period of time specified above
shall be deemed to constitute approval of the application as submitted.
Approval, or approval by default of the Commission to act, shall be
effective for two years after the date of approval. If the applicant
has neither obtained a building permit (or an extension for one) nor
substantially commenced work within this time frame, then the approval
shall automatically be deemed null and void.
(d)
When an application is denied, the reason(s) for the decision
shall be conveyed to the applicant and clearly stated in the minutes
of the Commission.
(e)
Once approval has been issued, any proposed changes to that
approval shall be brought back to the HDC for review and approval.
However, if a proposed change is very minor, then the Planning Department
may approve the proposed change, in consultation with the HDC Chair,
provided that:
(4)
Appeals. Any applicant, persons, or organizations aggrieved
by a decision of the HDC may appeal the decision to the Laconia Zoning
Board of Adjustment in accordance with RSA 674:33 and any appeal procedures
specified in the City Ordinances.
(5)
Enforcement. The provisions of this article shall be enforced as provided for in Chapter 235, Article XIII, of the Laconia City Code. No building permit shall be issued for any project until the Building Inspector determines that the proposed plan is in conformance with the design approved by the HDC. No certificate of occupancy (except for a temporary certificate of occupancy, as appropriate) shall be issued until the Building Inspector determines that the project has been built in accordance with the plans approved by the HDC. The Building Inspector shall determine in the course of regular inspections that all work is in compliance with the plans approved by the HDC. When appropriate, the Building Inspector may issue a stop-work order at his or her reasonable discretion.
G.
Standards for review. The following standards shall be used by the
HDC in reviewing applications for certificates of approval.
(1)
General principles (as adapted from the Secretary of the Interior's
Standards).
(a)
Every reasonable effort shall be made to minimize alteration
of the significant features of the property unless necessary for public
safety.
(b)
The distinguishing original qualities or character of the property
shall not be destroyed. The removal or alteration of any historic
material or distinctive architectural features shall be avoided where
possible.
(c)
All structures and sites shall be recognized as products of their own time. Alterations that have no historical basis or that are made to create an earlier appearance shall be discouraged. [See Subsection B(2)(c)[1] for ability to hire/consult with experts for advice.]
(d)
Changes that may have taken place in the course of time are
evidence of the history and development of the property. These changes
may have acquired significance in their own right, and this significance
shall be recognized and respected.
(e)
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a property shall be treated with sensitivity.
(f)
Deteriorated architectural features shall be repaired rather
than replaced, wherever possible. The HDC may help the property owner
find sources of money to pay for some or all the restoration. In the
event replacement is necessary, the new material should match the
material being replaced in design, color, texture, and other visual
qualities whenever possible. Repair or replacement of missing architectural
features should be based on accurate duplications of features, substantiated
by historic, physical, or pictorial evidence, rather than on conjectural
designs or the availability of different architectural elements from
other structures if at all possible.
(g)
Every reasonable effort should be made to protect and preserve
archaeological resources affected by, or adjacent to, any project.
(h)
Contemporary design for alterations and additions to existing
properties should not be discouraged when such designs do not destroy
significant historical, architectural, or cultural material, and when
those designs are compatible with the size, scale, color, material,
and character of the property, neighborhood, and surrounding environment.
(i)
Whenever possible, new additions or alterations to structures
should be done in such a manner that if those additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
(2)
Elements of design. Proposals should be harmonious with existing
structures within the District. The Commission shall consider historical
elements of design when evaluating an application, including, but
not limited to, the following:
(a)
Scale. The scale of a building is its size relative to common
reference points: e.g., the human body and nearby structures. New
construction should be consistent with the dominant cornice and peak
or ridge height of other nearby structures within the HOD. Inordinately
low buildings create a void at upper floor levels that interrupts
the feeling of enclosure. Disproportionately tall buildings overpower
other structures.
(b)
Proportions. Proportion deals with height, width, depth, and
spacing relationships and is important both in the overall dimensions
of the building and in its individual components.
(c)
Signs. Proposed new signs or replacement signs shall be consistent
with the original architecture and be consistent with or complementary
to the original time period.
(d)
Materials. Change in exterior materials or in the look of exterior
materials shall be approved by the Commission. Certain contemporary
materials may be accepted where the Commission has determined that
these materials effectively capture the salient aspects of the historic
materials.
(3)
New construction. New construction is an essential process in a vital community, representing the current phase of an evolution that has been ongoing since the settlement of Laconia. Contemporary architecture may be appropriate, provided that it is respectful of the historic fabric of the District. New construction within the Historic District should be consistent with Subsection G(1) and (2), above.
(4)
Demolition or removal. No existing building or other structure
subject to review may be demolished or moved out of the Historic Overlay
District until approval has been granted by the HDC. Demolition or
removal from the District of a significant structure is strongly discouraged
and shall rarely be permitted. An application which includes a detailed
plan for the reuse of the site shall be submitted, and the Commission
shall determine the appropriateness of the plan. It shall only be
approved if the applicant demonstrates that 1) denial of the application
would result in extreme hardship unique to the subject property or
the plan for redevelopment of the site is considered to be beneficial
overall for the Historic District and the City as a whole; and 2)
the Commission has approved a detailed redevelopment plan for the
site. Financial hardship of the owner of the property shall not constitute
a hardship for this purpose.
(5)
Other issues.
(a)
Parking. New parking areas can have a significantly negative
impact upon historic areas. All new parking areas for other than single-family
uses should be located at the rear of buildings. Where such placement
is not practicable, parking may be located at the side of buildings,
provided that no part of the parking area is located forward of the
front elevation of the building.
(b)
Screening. All utility elements, such as dumpsters, garbage
cans, propane tanks, aboveground oil tanks, and ground-mounted air
conditioning units, shall be screened and located such that they are
not visible from a public way.
(c)
The U.S. Secretary of the Interior's Guidelines for Historic
Preservation shall also serve as a guide for the Commission.
H.
Required maintenance and demolition by neglect.
(1)
Responsibility. A property owner in the HOD is prohibited from allowing the property to deteriorate in the manner specified in Subsection H(2) and failing to correct those conditions.
(2)
Conditions. Property owners shall maintain their property to
prevent the following from occurring. The HDC may take any appropriate
measures in coordination with the Zoning Enforcement Official or the
Code Enforcement Director to effect conformance with this requirement.
Where one or more of the following is occurring, such that the level
of deterioration is significant and the integrity of the property
is threatened, the HDC may make a finding that the property is subject
to demolition by neglect.
(a)
Deterioration of exterior walls, foundations, or other vertical
support that causes leaning, splitting, listing, collapsing, or buckling.
(b)
Deterioration of flooring or floor supports, roofs, or other
horizontal members that causes leaning, sagging, splitting, listing,
collapsing, or buckling.
(c)
Deterioration of external chimneys that causes leaning, sagging,
splitting, listing, collapsing, or buckling.
(d)
Deterioration or crumbling of exterior plasters or mortars.
(e)
Ineffective waterproofing of exterior walls, roofs, and foundations,
including broken windows or doors.
(f)
Defective protection or lack of weather protection for exterior
wall and roof coverings, including paint, or weathering due to lack
of paint, peeling paint, or lack of other protective covering.
(g)
Rotting, holes, and other forms of decay.
(h)
Deterioration of exterior stairs, porches, handrails, window
and door frames, cornices, wall facings, and architectural details
that causes delamination, instability, loss of shape and form, collapsing,
or crumbling.
(i)
Heaving, subsidence, or cracking of sidewalks, steps, or pathways.
(j)
Deterioration of fences, gates, and accessory structures.
(k)
Deterioration, except by irreversible natural processes, of
vegetation, trees, shrubs, plantings, and all landscaping.
(l)
Deterioration that has a detrimental effect upon the special
character of the Historic Overlay District as a whole.
(m)
Deterioration of any exterior feature so as to create or permit
the creation of any conditions hazardous or unhealthful to life, environment,
or other property.
(n)
Severely peeling or deteriorating exterior paint.
(o)
Other conditions as determined by the Code Enforcement Officer
(CEO) or the Commission.
(3)
Enforcement actions.
(a)
Upon written notification by the HDC to the Code Enforcement
Director regarding noncompliance with this section, the Director shall
investigate, and if in noncompliance, send written notification to
the owner of the property in question, informing the owner of the
noncompliance and ordering that the condition be corrected within
60 days. If the owner chooses to contest the notification with respect
to either the existence of the conditions or the number of days allowed
for correction, the owner may appeal to and request a hearing before
the HDC no later than 30 days following the mailing of the notification.
At the hearing, the owner and the Director may present evidence, after
which the HDC shall enter an order affirming, modifying, or rejecting
the Director's notification.
(b)
A building permit for all repairs shall be issued by the Code
Enforcement Director after having received a complaint from the HDC.
Building permit guidelines and regulations will be followed and monitored
by the Code Enforcement Director. If a building owner fails to comply,
the Code Enforcement Director shall notify in writing the City Manager
and City Council of a breach of this regulation.
(4)
Waivers and hardship cases. The HDC may grant a waiver of up
to one year, from date of application, from part or all of this section
in cases where strict compliance would create a financial hardship.
Multiple waivers may be issued at the Commission's discretion.
I.
Appeals. Appeals of any actions taken by, or orders issued by the
HDC, may be taken to the Laconia Zoning Board of Adjustment by any
owner or tenant of property wholly or partly within the HOD, as well
as by any other person, agency or group, if aggrieved by a ruling
of the Laconia HDC. The Laconia Zoning Board of Adjustment shall hear
and act upon such appeals within the periods of time prescribed by
New Hampshire statutes.
The Water Supply Protection Overlay District is created for
the purpose of protection of the water supply for the City and its
inhabitants. It shall be defined as that land area and portion of
Paugas Bay described as: Beginning at a point being the most northerly
point of land along the easterly shore of Paugus Bay (owned by James
R. Irwin and Sons, Inc., known as "Irwin Marine boatyard," and being
Tax-Street-Map No. 54-220-4), approximately where it abuts the southerly
end of the Laconia Water Works property, thence running in a westerly
direction toward a bound on the westerly side of Paugus Bay at a point
where the State of New Hampshire railroad bridge meets the shore,
thence running northerly along the shore to a point on the westerly
side of Paugus Bay known as "Cass' Point," owned by James R. Irwin
and Sons, Inc. (more specifically, where the four-by-eight sign installed
by the Laconia Water Works reads "RESTRICTED AREA - WATER SUPPLY"),
thence running in an easterly direction in an imaginary line across
Paugus Bay to a point of land at Irwin's Boat Storage Facility, formerly
known as "Tekwood" (at a point where Irwin's property abuts the Stanley
Brox property), then running in a southerly direction along the shore
of Paugus Bay to the point of beginning.
A.
Restrictions shall apply to land uses and access to Paugus Bay for
a depth of 50 feet from the reference line of Paugus Bay.
B.
No sewage, industrial or other waste as defined by the State of New
Hampshire shall be discharged into Paugus Bay.
C.
No use or activity shall take place that results in the washing of
boats, bathing of persons, swimming, the placement of bobhouses on
the ice, waterskiing and other water sports nor shall any person have
bodily contact with that portion of Paugus Bay within the district.
D.
No commercial accessory dock, residential dock, boat launch, breakwater
or other marine structure shall be constructed without the approval
of the Laconia Water Commission and the State of New Hampshire.
