All buildings, structures and uses in the use
districts herein set forth shall comply in all respects with state
law including the regulations of the New Hampshire Departments of
Safety, Health and Human Services, and Environmental Services.
[Added 3-13-2012 ATM by Art. 2]
In accordance with RSA 674:41, II-a, island lots for islands
served exclusively by boats are exempt from the compliance with RSA
674:41.
[Amended 3-10-2015 ATM
by Art. 3; 3-12-2019 ATM by Art.
2]
A. Expansion and extension.
(1) Structures.
(a)
The purpose of this section is to establish and distinguish
between permitting requirements with respect to building permits,
special exceptions and variances regarding expansion or extension
of existing, nonconforming structures.
(b)
Any building permit application(s) and/or application(s) to
the Zoning Board of Adjustment made pursuant to this section should
include a plan prepared by an NH licensed surveyor. Any application
that proposes further encroachment, requiring a variance, shall include
a plan prepared by an NH licensed surveyor. The plan shall include
all relevant existing and proposed conditions and dimensions.
(c)
Any nonconforming portion of a building or structure may be
expanded or extended by no more than 25% of the nonconforming building
or structure, but with no further intrusion into the setback area
by special exception. The 25% expansion shall be a total cumulative
expansion based on the lawfully existing nonconforming structure.
(d)
The basis for determining the maximum and cumulative expansion
limitations (25%) shall be the existing lawfully nonconforming footprint
(measured to the overhang extent) of the nonconforming structure,
excluding appurtenant features such as exterior stairs and nonhabitable
areas such as open decks.
[Amended 3-9-2021 ATM by Art. 3]
(e)
The nonconforming limit of encroachment is a measurement of
the shortest distance between the lot line or the mean high water
line and the intruding part of the structure.
(f)
For purposes of determining the pre-existing limit of encroachment,
the structure does not include appurtenant features such as exterior
stairs and nonhabitable areas such as open decks.
(g)
The basis for determining maximum and cumulative expansion limitations
established shall be the existing nonconforming habitable footprint
of the existing nonconforming structure in lawful existence as of
the date of this section, excluding appurtenant features.
(h)
No nonconforming portion of a building that is without a roof
(such as a deck) shall be roofed over or enclosed unless it receives
a special exception. A deck expansion shall not exceed 25% of the
nonconforming portion and cannot further encroach into the setback.
(i)
Any proposed construction activity located within a setback
area with further encroachment shall require a variance.
(j)
A structure may be expanded vertically within any setback above
existing nonconforming footprint beyond 25%, but must obtain a special
exception from the Zoning Board of Adjustment.
(2) A
nonconforming use occupying a portion of a parcel of land or a portion
of a building may, by special exception, be expanded by no more than
25% of the portion of the parcel of land or building dedicated to
the nonconforming use at the time of passage of this section; provided,
however, that nonconforming signs may not be expanded.
B. The following construction activities are permitted by right via
a building permit.
(1) Installation of a new foundation or the replacement of an existing
foundation, provided that a) the sill height is not increased by more
than 24 inches; b) the existing footprint is not expanded; and c)
the resulting structure falls within the district's height limitation.
(2) Replacement of a structure, provided that the replacement structure
is the same size and configuration as the nonconforming structure
and the location is the same or a less-nonconforming location.
(3) Removal and replacement of open decks attached to dwelling units,
provided that a) the replacement deck is the same size or smaller,
and b) the Building Inspector has inspected and confirmed the deck
dimensions prior to its removal.
C. Abandonment. Any nonconforming use that is discontinued
or abandoned for a period of one year or more cannot be resumed.
D. The following
are allowed:
(2) Completion
of projects under construction which subsequently become not permitted
by a zoning amendment.
(3) Change
of a nonconforming use to another, less nonconforming use, subject
to site plan approval if the use is nonresidential.
[Amended 3-10-2009 ATM by Art. 8; 3-8-2011 ATM by Art. 5; 3-8-2011 ATM by Art. 11; 3-11-2014 ATM
by Art. 5; 3-8-2016 ATM by Art.
2]
A. Purpose and intent. It is the purpose and intent of this section
to provide control of the erection, installation and maintenance of
signs for the purpose of uniformity with aesthetic values as called
for in the Master Plan and for the convenience, comfort, propriety,
economic vitality, safety of the traveling public, and general welfare
of the Town of Wolfeboro.
[Amended 3-13-2018 ATM
by Art. 7]
B. Exemptions. The following signs are exempt from this section:
[Amended 3-13-2018 ATM
by Art. 7]
(1) Signs in a residentially zoned area with a message area of one square
foot or less, which bears only the property number/street address
and/or names of the occupants.
(2) Legal notice, such as "no trespassing" signs, with a message area
of two square feet or less.
(3) Window lettering limited to six square feet per business.
(4) On-site directional sign for commercial use, not exceeding four square
feet, and the business name or logo limited to no more than 25% of
the directional sign.
(5) Small (not to exceed 16 inches by 28 inches) LED internally illuminated
"OPEN" signs.
C. Permitted messages.
(1) Off-site signage of a commercial use is prohibited for any business
or commercial entity or operation, including home occupations. In
this context, "off-site" shall mean a sign on a location or parcel
that is different than the property or location where the business,
commercial entity, or operation is located; for example, a separate
parcel than the one where the business is located.
[Amended 3-13-2018 ATM
by Art. 7]
(2) Farms, as defined by RSA 21:34-a, shall be permitted up to four off-premises
signs, each sign not exceeding six square feet in area on each of
two sides and intended solely for commercial purposes to provide information
about farm products for sale, as well as directional information.
[Amended 3-13-2018 ATM
by Art. 7]
(3) No sign which contains a registered trademark or name which portrays
a specific commodity or service for sale will be allowed in any zone
unless the trademark or name is of the principal commodity or service
offered for sale by the establishment.
D. Illumination of signs.
(1) Signs may be illuminated only by exterior light sources. The light
sources shall be placed so that they will not constitute a hazard
to street or highway driving by glare or create a negative impact
on abutting properties.
[Amended 3-13-2018 ATM
by Art. 7]
(a)
All lighting in the Town of Wolfeboro is required to have full-cutoff
shielding.
(b)
Uplighting by any method is prohibited; however, the Planning
Board may allow limited use of upward landscape lighting on a case-by-case
basis.
(2) No flashing or animated signs or signs with visible moving parts
or intermittent lighting to create the visual effect of movement shall
be permitted.
(3) No neon signs shall be permitted.
(4) Vending and dispensing machines located outside a building shall
not be internally illuminated.
E. Placement of signs.
[Amended 3-10-2020 ATM by Art. 4]
(1) All signs, except for business directional signs, shall be prohibited
within the Town right-of-way. Business directional signs shall be
allowed only in the Town right-of-way, provided their placement does
not cause a safety hazard or impede the sight distance associated
with the entrance/exit to the site or to the traveling public.
(2) Any business seeking to establish an off-premise business directional
signs or post must apply for a permit through the Code Enforcement
Office.
(3) Off-premises business directional signage is permitted only on approved,
permitted, Town-owned posts at intersections, within the Bay Street
Limited Business District, Wolfeboro Falls Limited Business District,
and Central Business District and at the following designated locations:
(a)
South Main Street at the Town Hall adjacent to the Carpenter
School (Post location to be determined).
(b)
Center Street at the intersection with the Bridge Falls Path
on the western side of Center Street (Post location to be determined).
(c)
Glendon Street Parking Lot at the Bridge Falls Path (Post location
to be determined).
(d)
Foss Field (Post location to be determined).
(4) New sign post locations may be requested within a public right of
way via a Business Directional Sign Permit, subject to applicable
fees, and shall be so designed or so placed as not to endanger, obscure,
confuse or otherwise create a hazardous condition to motor vehicles
or pedestrians.
(5) Business directional signs shall be limited to a maximum of two within
the town per business. Signs for one business placed back to back
shall constitute two signs. Only one post per intersection shall be
permitted. Signs shall be uniform in size and shall conform to the
following specifications:
Sign Element
|
Specification
|
---|
Width
|
36 inches
|
Height
|
6 inches
|
Letter height
|
Maximum of 4 inches
|
Material
|
1/2-inch to 3/4-inch wood board or equivalent
|
(a)
Business name and directional information only, shall be provided
on each sign.
(b)
The Town may remove a sign if it is not properly maintained
or if business operations cease.
(6) All business directional sign posts shall:
(a)
Be restricted to 10 feet in height as measured from the ground
level upon which it is mounted or from the sidewalk height adjacent
to it (whichever is less).
(b)
A maximum of 10 signs shall be permitted per post.
(c)
Not be placed in such a location as to obstruct visibility,
pedestrian traffic, or vehicular traffic.
(d)
Be made of pressure treated wood, four inches by four inches,
post painted white or an approved alternative.
(7) Preexisting nonconforming signage.
(a)
Signage in existence as of 04/01/2019, which does not conform
to the requirements of this section, shall be designated as lawfully
existing non-conforming sign, both on private and public property,
with the exception of those that present a hazard to public health
and safety. Three types of signage are included as pre-existing nonconforming:
[1]
Signage that is legally permitted.
[2]
Signage that is not legally permitted, but is compliant with
the Business Directional Sign Ordinance.
[3]
Signage that could not be legally permitted under the Business
Directional Sign Ordinance.
(b)
Preexisting nonconforming signage shall expire at the time that
the business ceases operation. At such time, the sign may only be
reestablished for a new business in full compliance with this section.
(c)
Should all preexisting nonconforming signs lose their respective
nonconforming status due to abandonment or the cessation of the associated
business operation, any nonconforming post which hosts such a sign
shall likewise lose its preexisting nonconforming status and be removed.
F. Condition of signs. Signs shall be constructed of durable materials
and shall be maintained in good condition and repair. When by reason
of neglect a sign becomes hazardous or unsightly, the sign shall constitute
a public nuisance.
G. Permitted signs by district.
(1) Number of signs.
(a)
One sign is permitted per business in the following zoning districts:
Shore Front Residential, General Residential VR, R, GR, RR and the
Municipal Watershed.
(b)
Two signs are permitted per business, except as permitted below,
in the following zoning districts: Commercial Districts C1, C2, LBD,
Rural Agricultural and Agricultural.
(c)
Each restaurant and food-service establishment in the Commercial
Districts is permitted one additional daily specials reader-board
sign; provided, however, that the daily specials reader-board sign
is no larger than three square feet.
(d)
One additional on-premises portable sign is permitted in all
Commercial Districts and on properties of not-for-profit uses as follows:
[1]
The size of the sign cannot exceed two feet by three feet.
[2]
The sign must be stored indoors after business hours.
[3]
The sign must be on the premises.
[4]
The sign cannot obstruct pedestrian or vehicular traffic, including
ADA access.
(2) The type of sign permitted in each district is illustrated in Table
1, and size of permitted signs is illustrated in Table 2.
[Amended 3-13-2018 ATM by Art. 7]
Table 1
|
---|
Type of Signs Permitted by District for Each Business
|
---|
KEY: P = Permitted; NP = Not permitted
|
Type of Signs
|
VR, R, GR, SFR, RR and MW
|
RA
|
PHRDD, RT28-MUBD
|
C1-CBD SWLBD, BSLBD, WFLBD, C2
|
ROI
|
---|
Projecting1
|
NP
|
P
|
P
|
P
|
P
|
Residential home occupation
|
P
|
P
|
P
|
P
|
P
|
Temporary public event
|
P
|
P
|
P
|
P
|
P
|
Temporary
|
P
|
P
|
P
|
P
|
P
|
Wall1
|
P
|
P
|
P1
|
P
|
P
|
Freestanding or ground1
|
P
|
P
|
P
|
P
|
P
|
Reader board
|
NP
|
NP
|
P
|
P
|
NP
|
NOTES:
|
1
|
The owner of a business which fronts on two publicly owned roads
or a road and a municipal parking lot may elect to have up to three
signs; provided, however, that the cumulative sign area does not exceed
62 square feet.
|
Table 2
|
---|
Size of Signs Permitted by District for Each Business
|
---|
Type of Signs
|
VR, R, GR, SFR, RR and MW
(square feet)
|
RA
(square feet)
|
PHRDD, RT28-MUBD
(square feet)
|
C1-CBD, SWLBD, BSLBD, WFLBD, C2
(square feet)
|
ROI
(square feet)
|
---|
Projecting
|
NP
|
16
|
16
|
16
|
12
|
Residential home occupation
|
2
|
6
|
4
|
4
|
4
|
Temporary public event
|
48
|
48
|
48
|
48
|
48
|
Temporary
|
6
|
6
|
6
|
6
|
6
|
Wall
|
1
|
The lesser of 10% of the face of the building or 24
|
The lesser of 10% of the face of the building or 24
|
The lesser of 10% of the face of the building or 18
|
The lesser of 10% of the face of the building or 12
|
Freestanding or ground
|
1
|
1
|
24
|
18
|
6
|
Reader board
|
NP
|
NP
|
3
|
3
|
NP
|
VR: Village Residential District
|
R: Residential District
|
GR: General Residential District
|
SFR: Shorefront Residential District
|
RR: Rural Residential District
|
MW: Municipal Watershed District
|
PHRDD: Pine Hill Road Development District
|
C1-CBD: Commercial C1 Central Business District
|
SWLBD: South Wolfeboro Limited Business District
|
WFLBD: Wolfeboro Falls Limited Business District
|
CD-C2: Commercial District C2 District
|
ROI: Residence/Office/Institutional Overlay District
|
RA: Residential/Agricultural District
|
RT28-MUBD - Center Street/Rte. 28 Mixed-Use Business District
|
(a)
Temporary commercial public event signs. Such signs are limited
to a period of 14 days preceding and two days after the relevant commercial
event. The size of any temporary public event sign shall not exceed
48 square feet, and each public event shall be limited to three signs.
Not more than two of said signs shall be displayed off premises.
(b)
Temporary signs.
[1]
One temporary sign such as used by real estate agents advertising
property for sale or those used by contractors, architects, painters
or other artisans advertising work in progress may be permitted on
a lot in any district, provided that:
[b] It does not exceed six square feet in size.
[c] Its proper appearance is maintained.
[d] It is removed immediately upon completion of the
work or transaction.
[e] One additional real estate sign is permitted on
all waterfront property; provided, however, that the sign is oriented
so as to be viewed from the water.
[2]
Temporary signs for a new business and seasonal business. Special
advertising devices such as banners, pennants and streamers are permitted
for up to 30 days. The size shall not exceed 25% of the face of the
business.
[3]
Special commercial promotion signs. Sale or event signs may
be affixed to or on a door or window and are permitted, provided that
they do not exceed 25% of the area of the window and/or door and are
in place for less than 30 days.
(c)
Residential home occupation signs. Signs stating the name and
nature of a permitted home occupation may be displayed on a lot in
any district, provided that such signs:
[1]
Are illuminated only during business hours;
[2]
Do not exceed one in number, which sign is of no more than six
square feet in size in the Agricultural District and the Limited Business
Districts, or one in number of no more than four square feet in size
in the VR, R, GR, RR, Municipal Watershed or Shore Front Residential
Districts.
(d)
Projecting signs. Projecting signs shall be permitted in the
Commercial C1, LBD and Pine Hill Road Development District, Center
St/Rte. 28 Mixed-Use Business Districts only. A projecting sign shall
not project horizontally in excess of six feet; it shall be erected
so that the lowest part of the sign shall be at a height of not less
than eight feet above the sidewalk or ground level, and it shall not
exceed 16 square feet in surface area on each of two sides nor a total
of 32 square feet on all sides.
(e)
Wall signs. Within the Agricultural and Commercial Districts
C1 and Pine Hill Road Development District, Center St/Rte. 28 Mixed-Use
Business District, no wall sign shall exceed 10% of the area of the
building face to which it is attached and shall comply with the size
requirements as listed in Table 2 above.
(f)
Freestanding signs. Except as provided for in the Center St/Rte.
28 Mixed-Use Business District, freestanding signs shall not exceed
15 feet in height, including supports. One of the permitted signs
within the Center St/Rte. 28 Mixed-Use Business District shall be
permitted to have a sign area not exceeding 36 square feet and have
a maximum in height which is the lesser of 20 feet or the height of
the principal building. Such sign shall have a setback line of 20
feet from all property lines.
H. Sign construction.
(1) Glass requirements. Any glass forming a part of a sign shall be of
safety glass, and where any single piece or pane of glass has an area
of more than three square feet, it shall be constructed of wired glass
securely held in place.
(2) Wind pressure and dead load. The supporting structure of and fasteners
for all signs shall be designed to withstand five times the combined
effect of wind pressure and dead load. A wind pressure of 25 pounds
per square foot on the maximum horizontally projected area of the
sign shall be assumed; dead load shall be the weight of the sign.
(3) Obstructions to doors and windows. No sign shall be erected, relocated
or maintained so as to prevent free ingress to or egress from any
door, window or fire escape.
(4) Canopies. Canopies may be constructed of cloth, plastic, or metal;
provided, however, that the lowest portion of any canopy shall not
be less than eight feet above the level of the sidewalk; they may
extend beyond the street line but not nearer than 18 inches to the
curbline.
(5) Awnings. Awnings may be constructed of cloth, plastic, or metal;
provided, however, that the lowest portion thereof shall be not less
than eight feet above the level of the sidewalk; they may extend beyond
the street line but not nearer than 18 inches to the curbline.
I. Enforcement.
(1) Notification and removal shall be the duty of the Code Enforcement
Officer to notify the violator and/or building owner of any violations
in writing, and if the condition is not corrected in five days from
the date of notification, the Code Enforcement Officer shall take
legal action to have the sign removed immediately. The owner shall
be liable for any costs incurred for such removal. The Code Enforcement
Officer is authorized to take enforcement action, after such notice
has been duly given, of any such use in violation. Nothing herein
shall prevent the Code Enforcement Officer from causing prosecutions
for violations to obtain or impose fines for such violations, either
as supplemental or alternative corrective actions.
(2) Any sign now or hereafter existing which no longer advertises a bona
fide business conducted or product sold shall be removed by the owner,
agent or person having the beneficial use of the building or property
upon which the sign may be located. Removal shall take place within
14 days after written notification from the Code Enforcement Officer.
[Amended 3-13-2018 ATM by Art. 7]
J. Nonconforming signs. Any legally permitted sign not conforming to
the terms of this section as of the effective date of this section
shall be allowed to continue as a nonconforming use. Nothing herein
shall prevent the substantial restoration or reconstruction, within
one year, of a sign destroyed in part or whole by fire or other casualty
so long as this use does not result in a new or increased violation.
K. Penalties. Any person violating any of the provisions of this section shall be subject to the penalties as provided by §
175-181.
L. Appeal. Any person aggrieved by a decision taken under this section shall have the right to appeal the decision to the Zoning Board of Adjustment as provided by §
175-187.
M. Definitions of terms. As used in this section, the following terms
shall have the meanings indicated:
CANOPY
Any structure, other than an awning, made of cloth, plastic,
or metal with frames attached to a building. For the purposes of this
section, canopy area used for sign copy shall be permitted as a wall
sign.
CURBLINE
The vertical plane of the street side of a curb.
FLAG
Any fabric or bunting containing distinctive colors, patterns
or symbols. The word "OPEN" and a graphic or picture of one product
for sale, such as an ice cream or coffee, are permitted on a decorative
flag.
PREMISES
A lot, parcel, tract, or plot of land together with buildings,
structures and uses thereon.
SETBACK LINE
The line that is the required minimum distance from any lot
line and that establishes the area within which a sign, structure
or building must be erected or placed.
SIDEWALK
Any public or private way or thoroughfare, paved or unpaved,
intended for the use of pedestrians or foot traffic.
SIGN
Any exterior or exterior-oriented device, fixture, placard,
or structure that uses any color, form, graphic, illumination, symbol,
or writing to advertise, announce the purpose of, or identify the
purpose of any person or entity, or to communicate product or service
information to the public.
(1)
AWNING — Any structure made of cloth, plastic, or
metal with a frame attached to a building or structure, when the same
is so erected as to permit its being raised to a position flat or
rolled against the building when not in use. For the purposes of this
section, awning area used for sign copy shall be permitted as a wall
sign.
(2)
BUSINESS DIRECTIONAL SIGNAn off-premises sign of a permanent nature that directs the traveling public to specific business or businesses.
(4)
FLASHING SIGNAny sign that moves, flashes, contains traveling lights, or gives the impression of any movement or flashing.
(6)
IDENTIFYING SIGNAny sign or plaque giving the name and/or address only of the business or occupant of the premises on which said sign or plaque is located.
(8)
NEON SIGNAny lit sign using neon tubes or neon-like tubes for illumination or display.
(10)
PROJECTING SIGNAny sign which is attached to a building or other structure and extends more than 12 inches beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached.
(11)
ROOF SIGNAny sign erected upon but not extending over the roofline of any building.
(12)
TEMPORARY PUBLIC EVENT SIGNAny sign relating to or advertising a community or charitable commercial public event, such as the Huggins Hospital Street Fair, Artists in the Park and the Hospice Home Tour.
[Amended 3-13-2018 ATM
by Art. 7]
(13)
WALL SIGNAll painted signs on the exterior of a building, or flat signs which are placed flush against the exterior of a building and extend no more than four inches from the surface of the building.
SIZE OF SIGN
The area of a sign face. The area of a sign face shall be
computed by means of the smallest square, circle, rectangle, triangle,
or combination thereof that will encompass the extreme limits of the
writing, representation, emblem or other display, together with any
material or color forming an integral part of the background of the
display or used to differentiate the sign from the backdrop or structure
against which it is placed, but not including any support framework,
bracing or decorative fence or wall when such fence or wall otherwise
meets the meets the Zoning Ordinance requirements. The sign area for
a sign with more than one face shall be computed by adding together
the area of all sign faces visible from any one point. When two identical
sign faces are placed back-to-back so that both faces cannot be viewed
from any point at the same time, and when such sign faces are part
of the same sign structure and not more than 24 inches apart, the
sign area shall be computed by the measurement of one of the faces.
STREET LINE
The line dividing a lot from a street right-of-way.
WINDOW LETTERING
A message permanently affixed to, attached to, or etched
into the glass. The message is limited to the name and telephone number
of the business, nature of goods sold or services rendered, and hours
of operation.
Yard/garage sales for the sale of goods belonging
to or coming from the house where such a sale is held shall be permitted
in all districts. Each sale may not last more than four days and there
may be no more than four sales per calendar year at any one residence.
One sign no larger than six square feet may be posted within the property
boundaries, and one directional sign no larger than six square feet
may be posted at an intersection, with approval of the Code Enforcement
Officer, for the duration of the sale.
No seasonal home, apartment, tenement, dwelling
unit, or other premises shall be let, leased, or otherwise be permitted
to be occupied, other than by the owner and/or the owner's family,
for residential and/or dwelling purposes between the period from November
15 in each year to May 1 in the following year, until and unless a
certificate of year-round occupancy has been issued by the Code Enforcement
Officer to the record owner of such premises. Such certificate shall
be subject to revocation if, upon investigation of a complaint, conditions
are indeed found to be in violation of the pertinent codes as determined
by the Code Enforcement Officer, and will not be restored to a satisfactory
condition in a specified period of time. The burden of investigation
shall be that of the Town Code Enforcement Officer.
[Amended 3-9-2004 ATM by Art. 6; 3-8-2005 ATM by Art. 5]
A. All construction in the Town of Wolfeboro shall conform
to the most recent codes as referred to as the “State Building
Code” or “New Hampshire Building Codes” under Hampshire
RSA 155-A:1 as amended in accordance with RSA 155-A:10.
[Amended 3-10-2020 ATM by Art. 7]
B. Simplified amendment procedures. The Code Enforcement
Officer shall prepare an amendment to those portions of the local
building code that refer to, or that make insertions in, deletions
from, or exceptions to the national codes. An amendment to the local
building code except as may be necessary to effect the substitution
of revised national codes or code provisions for codes or provisions
previously adopted shall be adopted using the following procedures:
(1) The Planning Board shall hold a public hearing on
the proposed update or revision, with notice as provided in RSA 675:7.
Such notice shall include information stating where the proposed local
building code amendment and the new or amended national codes or code
provisions are available for public inspection.
(2) Following such hearing, the updated or revision shall
become final upon approval by the Selectmen and recording with the
Town Clerk.
No use of any land or structure in the Town
of Wolfeboro shall be permitted which generates any waste which has
been identified as a "hazardous and toxic waste" by the State of New
Hampshire Office of Waste Management or by the United States Environmental
Protection Agency until a permit for such use has been obtained from
the Planning Board.
[Amended 3-11-2008 ATM by Art. 5]
Excavation may be undertaken by special exception
under the provisions of RSA 155-E and the Town of Wolfeboro's Excavation
Regulations in areas demonstrated to contain commercially viable excavation
material, except within 300 feet of the Shore Front Residential District
and Municipal Watershed District.
Lots which are adjacent to the shoreline of any lake or pond are prohibited from granting, leasing or otherwise conveying rights for water access to any other lot except as permitted in Article
XXIV, Open Space Residential Development Option, of this Part
1.
[Amended 3-8-2022 ATM by Art. 4]
A. Definitions. As used in this section, the following
words or phrases shall have the meanings set forth below, except when
the context in which they are used requires a different meaning:
PRINCIPAL BUSINESS PURPOSE
A principal business purpose shall be deemed to exist, for
the purpose of this article, if 10% or more of the gross floor area
of a business is devoted to the sale, display, depiction, or expression
of specified sexual activities, specified anatomical areas, or instruments,
devices, or paraphernalia which are designed for use in connection
with specified sexual activities.
SEXUALLY ORIENTED BUSINESS OR ESTABLISHMENT
An adult arcade, adult bookstore or video store, adult cabaret, adult motion-picture theater, adult theater, nude model studio, as these terms are defined in §
175-175, sexually oriented businesses, or any establishment where, as one of its principal business purposes, the public is permitted and invited where specified sexual activities are depicted, described, or performed, or "specified anatomical areas" are displayed, or their images are displayed, sold, or presented, including instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
SPECIFIED SEXUAL ACTIVITIES
(1)
Human masturbation, sexual intercourse, oral copulation or sodomy,
actual or simulated, whether alone or between members of the same
or opposite sex or between humans and animals.
(2)
Fondling or erotic touching of human genitals, pubic region,
buttocks, or female breasts.
(3)
Excretory functions, flagellation or torture as part of or in conjunction with any of the activities set forth in Subsection
(1) or
(2) above.
B. Purpose and intent. It is the purpose of this section to establish
reasonable and uniform regulations for the location of sexually oriented
businesses in the Town of Wolfeboro. These regulations are intended
to promote the public health, safety, and welfare by limiting the
concentration of such businesses, thereby preventing problems brought
about by the concentration of such businesses, including increase
in crime, diminution of property values, proliferation of urban blight,
and endangerment of children.
C. Locational requirements. The location, placement, and separation
of sexually oriented businesses shall be in accordance with the following
standards:
(1) Minimum setbacks from certain uses. A sexually oriented business
shall not be located within 500 feet of any property line of any of
the following:
(a)
A public or private school;
(b)
A child day-care facility or nursery school;
(c)
A publicly owned indoor or outdoor recreational facility; or
(d)
A church, synagogue, or place of religious worship.
(2) Minimum setbacks from certain zoning districts. Sexually oriented
businesses shall not be located within 500 feet of any residential
district.
(3) Minimum separation between sexually oriented businesses. There shall
be a minimum of 1,000 feet of separation between the locations of
sexually oriented businesses.
D. Design standards. Sexually oriented businesses shall comply with
the following design standards:
(1) Sign design. A sexually oriented business shall be limited to one
sign which shall not exceed 24 square feet in area. Signs shall not
include graphic images of nudity, or include images or copy which
references specified sexual activities, whether actual or simulated,
or specified anatomical areas, or instruments, devices, or paraphernalia
which are designed for use in connection with specified sexual activities;
and
(2) Screening of certain activities and images. Specified sexual activities
or specified anatomical areas, including instruments, devices, or
paraphernalia which are designed for use in connection with specified
sexual activities, or any images of the same, shall not be visible
in any fashion whatsoever from the exterior of the building in which
the business is located.
E. Application. Any application for a sexually oriented business shall
include the following information in addition to a special exception
application and site plan review application:
(1) The name and address of the applicant. If the applicant is a corporation,
partnership, or association, the application shall list the name and
address of the principal owners and officers thereof and their addresses.
(2) The address of the premises where the sexually oriented business
is to be located.
(3) The name and address of the owner of the location (building).
(4) A description in detail of the business activity, including the square
footage devoted to specific activities, including storage areas and
services. A floor plan showing the location of sales areas, entertainment
areas, restrooms, retail areas, video booths, passageways and corridors,
walls, doors, windows, primary and secondary means of egress, and
other activity areas.
(5) Written explanation detailing policy for compliance with RSA 571-B,
Exposing minors to harmful materials, as may be amended.
(6) A management plan which at minimum will set forth the following:
(a)
The actual hours of operation.
(b)
The minimum number of employees on duty at any time.
(c)
The maximum number of persons permitted on the premises, which
number shall not exceed the limits established by the Life Safety
Code.
(d)
A plan designed to avoid nuisances and ensure compliance with
Town ordinances and regulations.
(e)
Measures designed to prevent access to the establishment by
individuals under the age of 18 years.
(f)
Measures to be implemented that will prevent any exposure of
specified sexual activities, specified anatomical areas, or nudity
external to the building wherein the business is located.
(g)
Rules and regulations to be posted on the premises governing
the operation of the center and conduct of its patrons. The rules
should include, but not be limited to, such matters as dress code,
alcohol, gambling, controlled drugs, and the prohibition of specified
sexual activities between patrons, and patrons and employees.
(h)
The numbers of coin-operated, slug-operated, electronically,
electrically, or mechanically controlled still- or motion-picture
machines, projectors, or other image-producing devices.
F. Operating requirements for sexually oriented businesses. The business
owner and/or store owner of an sexually oriented establishment shall:
(1) Not allow or permit any minor to enter any part of or to be on the
premises of the establishment, including parking lots immediately
adjacent thereto which are intended for use by patrons of the establishment.
(2) Have the establishment physically arranged in such a manner that
the entire interior portion of the booths, cubicles, rooms, or stalls
wherein sexually oriented entertainment is provided shall be clearly
visible from the common areas of the premises. Visibility into all
booths, cubicles, rooms, or stalls shall not be blocked or obscured
by doors, curtains, partitions, drapes, or any other obstruction whatsoever.
(3) Not allow an aperture or opening of any kind to exist between any
two booths, cubicles, rooms, or stalls used for the purpose of viewing
sexually oriented motion pictures or other types of sexually oriented
entertainment.
(4) Operate the establishment only between 9:00 a.m. and 1:00 a.m., Monday
through Saturday.
(5) Not permit any specified sexual activities, specified anatomical
areas, instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities, or their images
to be visible in any fashion whatsoever from the exterior of the building
in which the business is located.
(6) Maintain the exterior of the establishment so that it is in a condition
that is free and clear of any sexual paraphernalia or packaging.
(7) Equip the establishment with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted
access at an illumination of not less than one footcandle as measured
at the floor level. It shall be the duty of the owner and its agents
to ensure that the illumination described above is maintained at all
times that any patron is present in the premises.
G. Inspection of sexually oriented businesses. All sexually oriented
establishments shall be open to inspection at all reasonable times
by the Code Enforcement Officer or such other persons as the Town
of Wolfeboro Selectmen may designate.
[Added 3-10-2009 ATM by Art. 7; amended 3-8-2022 ATM by Art. 5]
A. Purpose. This section is intended to eliminate problems of glare and minimize light trespass and obtrusive light created by improperly designed and installed outdoor lighting. Further purposes are to enhance and protect the quality of the New Hampshire night sky and Wolfeboro's rural character, and conserve energy and resources. These concerns are balanced with maintaining safety, security and productivity by establishing limits for the area that certain kinds of outdoor lighting fixtures can illuminate and by limiting the total allowable illumination in the Town of Wolfeboro. (See §
175-175, Definitions and word usage.)
B. Permit requirements. A building permit shall be required prior to
the installation of any new fixtures. If the original building permit
or site plan approval granted by the Planning Board specified, in
detail, the type and nature of lighting, any increase or change in
lighting that may have an increased impact on the site shall be evaluated
for compliance with these regulations and, where appropriate, referred
to the Planning Board for site plan review. The Building Official
shall approve a permit for other installations upon a finding that
the fixtures comply with the following general lighting requirements:
(1)
General lighting requirements.
(a)
All lighting in the Town of Wolfeboro is required to have full-cutoff
shielding. Uplighting by any method is prohibited; however, the Planning
Board may allow limited use of upward landscape lighting on a case-by-case
basis.
(b)
The new installation of uplighting, by any method, is prohibited;
however, the limited use of upward landscape lighting on a case-by-case
basis may be approved, provided the lighting does not spill onto neighboring
properties or public ways.
(c)
Existing lighting sources that do not present a health and safety
issue with respect to glare on public ways or nuisance as a result
of off-site illumination shall be exempt from the provisions of this
section.
(d)
New fixtures accompanying establishment of new uses or change
of use that requires site plan review shall have lighting plans approved
as part of the site plan review process.
(2)
Control of glare; luminaire design factors.
(a)
Any luminaire with a lamp or lamps rated at a total of more
than 1,800 lumens, and all flood or spot luminaires with a lamp or
lamps rated at a total of more than 900 lumens shall not emit any
direct light above a horizontal plane through the lowest direct-light-emitting
part of the luminaire and shall not exceed 0.2 foot lumen at the property
line.
(b)
Any luminaire with a lamp or lamps rated at a total of more
than 1,800 lumens, and all flood or spot luminaires with a lamp or
lamps rated at a total of more than 900 lumens shall be mounted at
a height equal to or less than the value 3 + (D/3), where D is the
distance in feet to the nearest property boundary. The maximum height
of the luminaire may not exceed 20 feet.
(c)
The luminaire's maximum illuminance shall not exceed the
minimum illuminance recommended for that purpose as defined in the
most recent Illuminating Engineering Society's Lighting Handbook/Reference
and Application.
(3)
Residential lighting (one- and two-family). These provisions
are intended to prevent private and public nuisances and protect property
values. This section applies to existing and proposed single-family
and duplex residential uses.
(a)
Residential lighting uses shall not be used, or maintained,
in such a fashion as to inhibit or interfere with the use and enjoyment
of neighboring properties after the hour of 11:00 p.m.
(b)
Spotlights, floodlights and other security lighting shall be
limited in such a fashion as not to direct light onto neighboring
property. Security lighting using motion-detection switches is required;
continual lighting is prohibited unless angled or fully shielded in
such a fashion as not to produce glare onto neighboring property,
particularly dwelling units. Exception: Accent lighting, seasonal
lighting, and other fixtures commonly associated with residential
uses are not intended to be prohibited by this section.
[Added 3-13-2012 ATM by Art. 6]
A. In order
to avoid odd-shaped lots, and to ensure adequate space near the road
for the construction of a dwelling unit, each lot shall have a form
factor of less than 35 (See "form factor" definition.). Proposed lots
with either frontage greater than 300 feet or area greater than 10
acres are exempt from this requirement.
B. The
Planning Board shall have the authority to waive this provision if,
upon petition of the applicant, the Planning Board makes a finding
that the proposed lot(s) shape(s) is in harmony with adjacent lots
in the neighborhood, is consistent with sound planning practices and
insures the environmental integrity of the site.
C. Definitions.
As used in this section, the following terms shall have the meanings
indicated:
FORM FACTOR
The number which represents the relationship between the
boundaries of a lot and its area. A small number indicates a squarish,
compact lot, while a large number indicates a long and narrow, or
convoluted, shape. The number is calculated by squaring the perimeter
of the lot, in feet, and dividing by its area, in square feet (FF
= P2 ÷ A).