City of Rochester, NH Article 23 Accessory Uses

[Amended 2-3-2015]

§ 275-23.1 General provisions.

The following provisions apply in evaluating proposed accessory uses, activities, structures, and situations.

A. List of accessory uses.

(1) Accessory uses are included in this Article 23 and are generally not included in the Tables of Uses 18-A through 18-E. The principal uses listed in those tables are permitted based upon zoning district. In contrast, accessory uses are allowed if the principal use to which they are accessory is allowed. Nonetheless, some accessory uses (such as home occupations and helipads) also are controlled by zoning district or are approved by special exception, in which cases they are included in the tables.

(2) Section 275-23.2 contains standards for specific accessory uses, activities, structures, and situations. This list is not exhaustive. Additional conditions articulated elsewhere may also apply.

B. Criteria.

(1) If a proposed use is not listed within Article 23, the Director of Building, Zoning, and Licensing Services shall determine on a case-by-case basis whether it should be deemed an accessory use. This determination is based upon a judgment whether the proposed use:

(a) Is commonly or customarily observed as, or considered to be, an accessory use to the principal use;

(b) Is related to the principal use;

(c) Supports the principal use;

(d) Is subordinate to the principal use;

(e) Is in reasonable proportion to the principal use;

(f) Is incidental in its character; and

(g) Has relatively little impact, at least in comparison to the principal use.

(2) Where appropriate, the Director of Building, Zoning, and Licensing Services may stipulate conditions or parameters for a proposed use which would reasonably render it an accessory use rather than a second principal use.

C. Accessory uses to residential uses.

(1) Accessory uses to principal residential uses should be established for the benefit of the resident, residential development, and guests, and not for commercial purposes.

(2) In some cases, the Director of Building, Zoning, and Licensing Services may determine that a proposed use is not an accessory use due to the particular scale or nature of the proposed use. (Example: A garage for passenger vehicles is an accessory use, but it would cease to be if the property owner stores vehicles for customers for a fee.)

D. Accessory uses to nonresidential uses. In some cases, the Director of Building, Zoning, and Licensing Services may determine that a proposed use is not an accessory use due to the particular scale or nature of the proposed use. Examples:

(1) An on-site recreational facility serving employees of a business would be an accessory use, but if outside people were invited to use the facility for a fee it would be considered a commercial recreational facility.

(2) On-site vehicle maintenance for a fleet of vehicles used in an office complex would not be an accessory use even though it supports the principal use due to the potentially significant impacts of the maintenance operation.

(3) A contractor performing simple maintenance on his/her own vehicles on site would be considered an accessory use to a contractor's storage yard, but if the contractor performs work on other vehicles for a fee, the storage yard would be redefined as commercial vehicle service.

E. Permitted by right. An accessory use is permitted by right if the principal use to which it is accessory is permitted by right, by conditional use, or by special exception.

F. Dimension requirements. Detached accessory roofed structures are subject to the requirements articulated in Article 19, Dimensional Regulations, except for noted exceptions.

G. Review. A proposed accessory use is subject to site plan or subdivision review if that use meets the threshold of review articulated in the Site Plan Regulations or the Subdivision Regulations.

H. Secondary uses. Secondary uses (which are not deemed accessory uses since they are not actually supportive of a principal use) which clearly would have no significant negative impacts may be treated as accessory uses at the reasonable discretion of the Director of Building, Zoning, and Licensing Services. (Example: While gardening is an accessory use to a residence it is not accessory to a commercial use. However, it would be reasonable to permit the owner of a business to use vacant land at the rear of the business property for his/her own personal gardening.)

§ 275-23.2 Standards for specific accessory uses.

A. The following standards shall apply to these specific accessory uses, activities, structures, and situations wherever they are allowed:

(1) Accessory apartment. An accessory apartment is permitted subject to compliance with all of the following standards and procedures:

[Amended 4-4-2017]

(a) It is permitted where and as specified in the Tables of Uses (by right or by special exception). However, if the accessory dwelling is detached from the single-family dwelling, it must be approved by a special exception;

(b) It is accessory to a single-family dwelling only and if detached from the single-family dwelling it is similar in architectural style;

(c) It must be two bedrooms or less;

(d) It may not exceed 800 square feet;

(e) It may be either part of the single-family dwelling or in a separate building, such as above a garage; if it is part of the single-family dwelling, an interior door shall be provided between the principal dwelling unit and the accessory dwelling unit;

[Amended 3-5-2019]

(f) There may be only one per lot;

(g) The owner of the property must occupy one of the dwelling units and the owner must demonstrate that one of the dwelling units is his/her principal place of residence;

(h) At least one parking space must be provided for the unit;

(i) Where municipal sewer service is not provided, the septic system shall meet NHDES requirements for the combined system demand for total occupancy of the property; and

(j) It is exempt from site plan review but a letter of intent must be submitted to the Building Inspector to ensure that the above conditions are met.

(k) If it is a security apartment, it shall not exceed 800 square feet and it shall be attached to or located with an allowed commercial, office or industrial use. Such unit may be occupied by the business owner, family member or employee whose purpose is to provide security and/or protection of the business premises. This use shall require site plan review.

(l) If it is a caretaker apartment it shall be attached to or located with an allowed residential or nonresidential use and it shall be occupied by the owner, family member or employee of the principal use and the gross floor area does not exceed 800 square feet. This use shall require site plan review.

(2) Accessory sales and service.

(a) Small-scale retail sales and services may be offered as an accessory use in nonresidential districts which do not permit retail sales and service (including Airport, Hospital, Industrial, and Office Commercial Districts) where the activity is clearly established to serve on-site employees or customers of the principal use in an incidental, supportive, or subordinate manner.

(b) Generally, but not necessarily, such accessory uses are situated on the interior of the building housing the principal use with no separate entrance and no exterior evidence of the operation. (Examples: A newspaper or flower vendor located in the lobby of an industrial facility; a card shop located inside a hospital; a cafeteria or exercise facility serving employees.)

(3) Animals and pets, keeping of. The following standards apply to the keeping of animals in a residence:

(a) Household pets. Keeping typical household animals as pets, including dogs, cats, birds, small turtles, etc., is an accessory use provided their presence does not become a nuisance or a health hazard.

(b) Breeding pets. Breeding numerous animals on a frequent or regular basis for sale is considered a business and not an accessory use.

(c) Exotic animals. Keeping exotic animals as pets is an accessory use provided that one's ownership of the animals:

[1] Does not present a safety hazard to neighbors and the public;

[2] Does not pose a nuisance to neighbors; and

[3] Is in full compliance with all applicable local, state, and federal law.

(d) Livestock as pets. Keeping any small animals ordinarily defined as livestock as pets (such as chickens, but not including roosters) is an accessory use provided that:

[1] The animal lives in the house and is treated as a household pet;

[2] Reasonable accommodations are made for the animal in the house;

[3] The animal does not pose a health hazard; and

[4] The animal does not pose a nuisance to neighbors.

(e) Horses and other large livestock. Keeping fewer than 10 horses or other large animals defined as livestock is an accessory use to a residence subject to the following standards:

[1] The activity is not carried out as a business.

[2] The residence is not located in the Residential-1 or -2 District.

[3] A lot in the AG District is at least three gross acres.

[4] A lot in all other districts is at least two gross acres.

[5] There is an additional 1/4 acre of land beyond the minimum specified in Subsection A(3)(e)[3] and [4] above for each animal kept beyond the first one.

[6] No area or structure for the housing, stabling, storage of manure/animal waste, or feeding of animals shall be located within 100 feet of any property line.

[7] Handling of manure/animal waste must follow best management practices and not be a nuisance for neighbors.

[8] No animals shall be pastured within 25 feet of any side or rear property line except where the abutting property owner consents to a reduced setback.

(f) Chickens, fowl and other small livestock. Keeping fewer than 10 chickens, ducks, rabbits, bee hives, or other small animals defined as livestock is an accessory use to a residence subject to the following standards:

[1] The activity is not carried out as a business;

[2] No roosters are allowed and the number of chickens is limited to fewer than 10 in the Residential-1 and -2 Districts;

[3] No area or structure for the housing, storage of manure/animal waste, or feeding of animals shall be located within 20 feet of any abutting property lines; and

[4] Handling of manure/animal waste must follow best management practices and not be a nuisance for neighbors.

(4) Clubhouse, community center, recreation facilities, laundry, storage areas, and other facilities for a residential development.

(a) The Planning Board shall review these uses for location, design, size, additional parking, and setback requirements.

(b) These uses and facilities shall only be used by residents of the development and their guests.

(c) There shall be no outside storage of materials or equipment.

(d) Buffers and screening shall be used to help alleviate any adverse effects on abutting residential properties.

(e) There shall be no emission of noise, odor, dust, vibrations, or smoke beyond property lines.

(5) Commercial vehicles, parking of. Parking commercial vehicles outdoors overnight within residential districts is permitted as an accessory use as follows:

(a) One small commercial vehicle, a passenger automobile, pickup truck or van, is allowed. Additional commercial vehicles may be allowed by special exception.

(b) Other larger types of commercial vehicles, those weighing over 26,000 pounds gross vehicle weight, are permitted only by special exception subject to the property owner being able to provide adequate buffering and sound mitigation.

(c) Adequate off-street parking must be provided. Parking shall not be within any public right-of-way.

(6) Construction trailer. A construction trailer is allowed when used in conjunction with an on-site construction project provided that:

(a) The placement of the trailer, including location, is approved by the Director of Building, Zoning, and Licensing Services;

(b) The trailer is not used for living or sleeping; and

(c) It is removed when the project is completed, terminated, or suspended for longer than four months.

(7) Drive-through window. A drive-through window is subject to the following provisions:

(a) It must be located at the side or rear of the building;

(b) It is not permitted in NMU District; and

(c) Where adjacent to a residential property at the side or the rear, the drive-through window must have a thirty-five-foot buffer with appropriate planting or screening.

(8) Driveways. See Article 5, Residential Zoning Districts, Article 6, Commercial Zoning Districts, and Article 26, Roads and Parking.

(9) Dwelling for farm workers. This use is allowed by conditional use. The Planning Board shall review the location, design, and density of the dwelling.

(10) Fence. Fences, walls, and similar structures (referred to herein simply as "fences") must be in compliance with the following requirements:

(a) A fence permit issued by the Director of Building, Zoning, and Licensing Services is required prior to the erection of any fence.

(b) The maximum fence height (from grade) in residential districts is six feet. Greater heights may be approved by special exception.

(c) The maximum fence height (from grade) in nonresidential districts is eight feet. Greater heights may be approved by special exception.

(d) Razor wire fences are not permitted in any district.

(e) Fences are exempt from setbacks provided they are fully contained on the subject property and do not encroach on any adjacent property or road right-of-way.

(f) The finished side of a fence shall face outward from the property on which the fence is located.

(g) Fences must conform to sight triangle requirements at corner lots.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(h) No fence shall be erected that blocks or limits the existing sight distance of an abutting driveway or right-of-way. A clear vision area extending along the full width of the front lot line between side lot lines shall be maintained 10 feet from the edge of road pavement or sidewalk at three feet six inches above the driveway surface (the height of a typical driver's eyes) to points three feet six inches above the road surface in both directions.

(i) With regard to existing fences on the effective date of this provision, which fence fails to comply with the requirements of Subsection A(10)(g) and (h), in the event that the Director of Building, Zoning, and Licensing Services, in a written administrative decision, determines that an existing fence, by virtue of its height, location or otherwise, constitutes a hazard to public health and/or safety, then such fence shall be required to comply with the requirements of said Subsection A(10((g) and (h) hereof within six months of the owner's official notification by the Director of such administrative decision, failing which, the fence in question shall be removed.

(11) Flagpole. The maximum height for flagpoles is 30 feet in residential districts and 50 feet in nonresidential districts.

(12) Fuel tank. Aboveground fuel tanks must be in compliance with setbacks. Fuel tanks situated in front yards must be fully screened.

(13) Home occupation (see Table of Uses 18-A and Article 24, Home Occupations).

(14) Mobile units. Mobile units are allowed as accessory uses with a permit issued from the Director of Building, Zoning, and Licensing Services as follows:

(a) As temporary residences for farm laborers or supervisory personnel employed on a seasonal basis provided the units are in place only during the season when used.

(b) As temporary living quarters for employees of itinerant businesses such as carnivals during the period when such businesses are actually being conducted but in no case for longer than 30 days.

(c) As temporary classroom space at an existing school facility.

(d) As temporary housing for a maximum period of 12 months while a new house is being built in the aftermath of destruction to the original house by fire or other causes.

(15) On-site factory sales. In industrial districts where retail sales are not permitted, products manufactured on the premises may be sold on site as an accessory use by special exception. In addition, products manufactured by the same company or one of its subsidiaries at an off-site location may be sold on site provided a significant amount of the inventory is produced on site. The sales showroom must be subordinate to the on-site manufacturing component.

(16) Outside display of merchandise. Goods for sale may be displayed outside subject to the following provisions:

(a) The outside display shall be in place only for the time during the day that the business is open. All portions of the display, including racks and other appurtenances, shall be stored inside except during hours of operation. However, this foregoing requirement shall not apply to the display of large equipment, vehicles, landscaping materials, and other items which are customarily maintained out of doors at all times.

(b) Goods must be displayed on the same property where the primary business is situated (unless otherwise approved as a flea market, farmers' market, temporary sales area, etc.).

(c) The outside display shall not impede pedestrian or vehicular traffic.

(d) Goods shall be displayed in an orderly fashion and shall not present any public hazard.

(e) The outside display shall not be located in any area designated for other purposes such as handicap ramps, fire lanes, or fire exits. Displays may be set up in parking lots with the approval of the Director of Building, Zoning, and Licensing Services upon a judgment that sufficient parking capacity is still available.

(f) Vehicles for sale (and other goods and materials) shall not be displayed, parked, or stored within any City or state road right-of-way at any time.

(17) Outside storage of materials. Materials, goods, and equipment (or "materials" below) may be stored outside for nonresidential uses (this restriction does not apply to residential uses or temporary construction activities) subject to the following requirements:

(a) Stored materials are subject to all setbacks.

(b) Materials must be stored in rear yards. However, materials may be stored in front or side setbacks in the General Industrial District by conditional use. Materials stored in front or side setbacks must be fully screened if deemed appropriate by the Planning Board.

(c) Materials must be screened with a six-foot-high solid fence or wall from any residential properties at the side or rear.

(18) Parking areas/lots. See Article 5, Residential Zoning Districts, Article 6, Commercial Zoning Districts, and Article 26, Roads and Parking.

(19) Sawmill, temporary. A temporary sawmill used to process wood cut on the premises shall conform to the following standards:

(a) A permit issued from the Director of Building, Zoning, and Licensing Services is required. The Director may stipulate the location for the sawmill, hours of operation, and other conditions and may require surety to ensure the reclamation of the sawmill area.

(b) The sawmill shall be located at least 200 feet from any neighboring residences and at least 100 feet from any road.

(c) Processed materials shall not be stored on the site for more than two weeks.

(d) Upon the cessation of activity the impacted area shall be regraded and landscaped using best stormwater management practices to ensure reclamation that creates a post-impact runoff rate and quantity not exceeding the pre-impact levels.

(20) Shed. In any zoning district, the minimum side and rear setbacks shall be the lesser of 10 feet or the ordinary setback for a single-story outdoor storage shed which is:

(a) Two hundred square feet or less in floor area;

(b) Not situated on a permanent foundation; and

(c) Used in connection with a dwelling of four or fewer dwelling units.

(21) Signage. See Article 29, Signage.

(22) Solar collection systems.

[Added 12-6-2022[1]]

(a) Solar collection systems in residential one and residential two zones.

[1] Free standing or ground-mounted accessory residential solar collection systems in Residential One and Residential Two zones require a minimum lot size of 20,000 square feet or a special exception.

[2] Accessory commercial solar collection systems in Residential One and Residential Two zones require a special exception.

(b) Height.

[1] Building- or roof-mounted solar equipment shall not exceed the maximum allowed height in any zoning district by more than 10 inches for pitched roofs and five feet for systems mounted on flat roofs.

[2] Ground- or pole-mounted solar collection system shall not exceed height restrictions for the zoning district which they are placed when oriented at maximum tilt.

[3] Solar collection systems placed over parking areas or drive aisles require a minimum panel height of 14 feet measured at maximum tilt and must be designed to allow for snow removal and treatment.

(c) Setbacks.

[1] Solar collection systems shall be considered structures and comply with building setback requirements from lot lines for the entire system, including the panels. Tracking systems shall have the setback measured from the point and time where the array is closest to the lot line. No portion of a system may cross into the setback.

[2] Roof- or building-mounted systems. The solar collection system shall not extend beyond the exterior perimeter of the building. Exterior piping or electrical connections not located at the rear of buildings shall be screened from the street to the extent practical as per site plan regulations - Section 7.E(2) Utility Elements.

[3] No portion of equipment associated with a solar collection system (transformers, utility structures, or other axillary features) shall be permitted in the setback.

(d) Visibility.

[1] Roof-mount or ground-mount solar collection systems visible from the closest edge of any public right-of-way shall follow the aesthetic restrictions below:

[a] Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than 10 inches above the roof.

[b] Roof-mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof exclusive of any rooftop equipment or mechanical screening system.

[c] The use of reflectors to enhance solar production are prohibited.

(e) Plan approval.

[1] Applications that meet the design requirements of this ordinance for a solar collection system as an accessory use shall be granted administrative approval through submittal of applicable building permits and shall not require Planning Board review. Compliance with Building or Electric Code is required regardless of system size or capacity.

[2] All solar collection system proposals must include a plot plan with horizontal scale and profile drawing with a vertical scale showing:

[a] The location of all system components on the building/structure or on the property for a ground-mount system;

[b] Property lines, public rights-of-ways, and setbacks;

[c] Lot size;

[d] Point of interconnection;

[e] Height of existing and proposed structures;

[f] Equipment specifications and ratings.

[3] All proposals under this chapter may be subject to special investigation and the review of documents under RSA 674:44-V.

[4] Accessory ground-mount solar collection systems shall be exempt from stormwater management requirements provided the ground below the system is not compacted and vegetated.

[5] Solar collection systems requiring a conditional use permit shall meet base criteria conditions set by 275-21.3 of the Zoning Ordinance.

[6] Solar collection systems requiring a special exception from the Zoning Board of Adjustment shall meet provisions identified under the primary use section of this chapter.

(f) Expansion of existing solar collection systems.

[1] Additions to existing solar systems shall not be exempt from any requirement in this chapter solar collection system capacity is cumulative and will determine the level of review for each proposed expansion.

[2] Any expansions shall meet the requirements outlined in the solar ordinance.

[1] Editor's Note: This ordinance renumbered former Subsection A(22) through (30) as Subsection A(23) through (31).

(23) Storage areas. Storage areas within residential developments are permitted for recreational vehicles, boats, and overflow parking as authorized pursuant to site plan or subdivision approval.

(24) Storage trailer. Storage trailers for temporary storage are permitted only in nonresidential districts and only as follows (this provision does not preclude use of temporary storage trailers in residential districts during active construction):

(a) A permit issued from the Director of Building, Zoning, and Licensing Services is required.

(b) The trailer must be placed in the most unobtrusive location practical as stipulated by the Director of Building, Zoning, and Licensing Services, preferably in the rear.

(c) The trailer shall meet all setbacks.

(d) The trailer may not be placed in the front yard except by special exception upon a finding that it is not practical to place it in the rear or side yards.

(e) The trailer must be adequately buffered from any dwellings on adjacent lots to the side or rear as stipulated by the Director of Building, Zoning, and Licensing Services.

(f) The trailer may be placed for only six months at a time. The Zoning Board of Adjustment may extend this time period once for up to an additional six months maximum by special exception.

(g) Any unregistered vehicle used for storage shall be treated as a storage trailer.

(25) Streetside dining. An outdoor dining area or cafe is allowed within the public right-of-way if approved by the Rochester City Council. The dining area must not impede safe and efficient pedestrian and vehicular movement.[2]

[2] Editor's Note: See Ch. 80, Food and Food Service, Art. II, Outdoor Dining Establishments.

(26) Swimming pool. The minimum rear setback for swimming pools that are used in connection with any dwelling with four or fewer units shall be 25 feet in the AG District and 10 feet in all other districts. Any building used in connection with a pool shall be subject to the rear setback ordinarily applicable.

(27) Temporary structures. Temporary structures erected for more than 15 days are subject to all requirements listed below. Temporary structures erected for 15 or fewer days are exempt from Subsection A(26)(b) and (c).

(a) A permit is required for temporary structures. An application must be submitted to the Department of Building, Zoning, and Licensing Services specifying the proposed location for the structure, its purpose, and its expected duration.

(b) Temporary structures are subject to all zoning setbacks.

(c) Temporary structures may not be placed forward of the front facade of the primary building on the lot (on corner lots, this applies only to the main entry facade, though other corner lot setbacks, as specified in this chapter, still apply).

(28) Timber harvesting. Timber may be harvested in accordance with RSA 227-J:9 and best management practices.

(29) Utilities and service areas. All outside storage areas, machinery, fuel storage tanks, service areas, and utility structures shall be placed in rear yards or screened with opaque fencing or vegetation such that they are not visible from the road.

(30) Warehouse. A warehouse or storage area shall generally be considered an accessory use if it covers an area less than the area of the principal on-site use (such as a store or factory) that it serves.

(31) Yard sales, personal. Personal yard sales on one's own residential property are allowed as an accessory use in residential districts provided that:

(a) The resident sells primarily his/her own personal articles.

(b) The articles offered for sale were acquired largely for personal use rather than for commercial resale.

(c) The sales are conducted no more than twice in any calendar year.

(d) The sale does not last for more than three days, consecutively or in any two-week period.