At intersections formed by new streets and in
new landscaping and improvement of intersections of existing streets,
no obstruction to the vision of operators of vehicles shall be permitted
within 25 feet of the intersection of corner lot lines or their projections
in case of rounded corners.
[Amended 3-8-2011 ATM by Art. 9]
A. Frontage and area requirements: Nonconforming lots are exempt from
the frontage and area requirements of this Part 1.
B. Other requirements: Nonconforming lots shall conform to any and all
other provisions, standards or requirements of this Part 1.
C. Reconfiguration of nonconforming lots.
(1) It shall be permissible, upon application to and approval by the
Planning Board for lot line adjustment, to reconfigure or merge contiguous
nonconforming lots, provided that the adjustment results in the same
or fewer number of lots; or to increase the total area or frontage
of a nonconforming lot by the joining of land from a contiguous conforming
lot so long as the conforming lot remains conforming.
(2) Acreage and lot frontage of individual lots may be decreased upon
a finding of the Planning Board that the overall configuration of
the lots is improved.
(3) The Planning Board shall have the authority to determine the setbacks
required for reconfigured lots but shall not allow setbacks to be
less than 30 feet for shore frontage, 30 feet for front yards, and
10 feet for side and rear yards nor require setbacks greater than
50 feet for shore frontage, 50 feet for front yards, and 25 feet for
side and rear yards. In determining the setbacks required for reconfigured
lots, the Planning Board shall make a finding that the required setbacks
are in harmony with adjacent structures in the neighborhood, do not
diminish the development potential of the preexisting lot and ensure
the environmental integrity of the site.
[Added 3-11-2014 ATM by Art. 4]
A. Statement of purpose. In accordance with RSA 674:41, II-a, this section
exempts from compliance with the other provisions of RSA 674:41 lots
with no frontage and with deeded rights to a private way and lots
with frontage only on a private way not shown on a subdivision plat
approved by the Planning Board. (RSA 674:41 applies to all lots with
frontage on or access to a Class VI road and lots that do not comply.)
B. By authority of RSA 674:41, II-a, lots compliant with the area requirements
of the district and with no frontage or with frontage only on a private
way not shown on a Planning-Board-approved subdivision are exempt
from compliance with RSA 674:41. Prior to the issuance of a building
permit, an owner of a lot exempted under this section must obtain
a special exception. Lots eligible for relief under this section shall
be deemed ineligible for subdivision under the lot's current configuration.
C. The owner(s) of any lot exempted under this section must obtain a
special exception prior to the issuance of a building permit for that
lot. Applications for a special exception under this section may be
approved by the Zoning Board of Adjustment only if all of the following
requirements and conditions are met:
(1)
Review and comment by the Planning Board.
(2)
The lot complies with all other zoning requirements and no application
will be considered without a compliance determination issued by the
Code Enforcement Officer. If not, the property owner(s) shall first
obtain any necessary variance(s).
(3)
The general special exception criteria of §
175-127A through
H are satisfied.
(4)
Proof of the applicant's deeded right of access to the lot shall
be made part of and included with the application submitted to the
Zoning Board of Adjustment.
(5)
Driveway access site plan approval by the appropriate public
safety officer(s) shall be made part of and included with the application
submitted to the Zoning Board of Adjustment. Any approval shall include
a condition precedent, requiring the construction and approval of
the driveway by the public safety officer(s) prior to the issuance
of the certificate of occupancy.
(6)
The applicant shall endorse the Town's "Acknowledgment Regarding
Issuance of a Building Permit on a Private Way," which shall be made
part of and be included with the application submitted to the Zoning
Board of Adjustment. The endorsed document shall be recorded if the
application is approved.
(7)
The applicant shall endorse the Town's "Acknowledgment Regarding
Ineligibility for Subdivision Approval," which shall be made part
of and be included with the application submitted to the Zoning Board
of Adjustment. The endorsed document shall be recorded if the application
is approved.
The Planning Board is empowered to review, and
approve or disapprove site plans for the development of tracts for
nonresidential uses whether or not such development includes a subdivision
or resubdivision of the site. Pursuant to RSA 36:19-a, the Planning Board is empowered to review and approve
or disapprove site plans for the development of tracts for multifamily
dwelling units other than one- and two-family dwellings, whether or
not such development includes a subdivision or resubdivision of the
site.
[Amended 3-9-2003 ATM by Art. 5]
The purpose of this section is to permit the
condominium conversion of existing structures and uses, as regulated
by RSA 356-B:5, in any district while protecting the public health,
safety and general welfare of the community. The proposed condominium
conversion shall comply with the following standards:
A. Condominium conversion shall require subdivision approval
by the Planning Board.
B. All municipal utilities shall be separately metered.
C. Existing septic systems supporting a proposed condominium
that does not have a current state septic permit shall be replaced
with a new septic system in compliance with the then current state
septic system requirements.
D. Septic systems with current state approvals shall
be tested by a professional engineer and certified as functioning
with no deficiencies or replaced with a state approved septic system.
[Added 3-14-2017 ATM
by Art. 2]
A. Authority. This section is enacted in accordance with the provisions
of RSA 674:71 — 73 and RSA 674:21.
B. Purpose. The purposes of the accessory dwelling unit ordinance are
to: increase the supply and diversity of housing without the need
for more infrastructure or further land development; provide flexible
housing options for residents and their families; provide elderly
citizens with the opportunity to retain their homes and age in place.
C. Definition. As used in this section, the following term shall have
the meaning indicated:
ACCESSORY DWELLING UNIT (ADU)
A residential living unit that is within or attached to a
single-family dwelling, subordinate to the single-family dwelling,
and that provides independent living facilities for one or more persons,
including provisions for sleeping, eating, cooking and sanitation.
D. Conditional use permit. Pursuant to RSA 674:21, the Planning Board
is hereby authorized to grant a conditional use permit to allow for
accessory dwelling units in accordance with the restrictions and requirements
of this section.
E. Criteria for approval. Where permitted by conditional use permit,
an accessory dwelling unit shall comply with the following:
(1)
A maximum of one accessory dwelling unit (ADU) per single-family
dwelling is permitted.
(2)
Exterior alterations, enlargements, or extensions of the single-family
dwelling are permitted in order to accommodate the accessory dwelling
unit. However, no such change is permitted which would alter the appearance
of the single-family dwelling to look like a duplex or any other multifamily
structure (i.e., the house shall not look like it was designed to
occupy more than one family). The exterior door to the accessory dwelling
unit shall be located to the side or rear of the building whenever
possible. The ADU shall be connected to the main dwelling unit by
an interior door in a common wall.
(3)
The area of an ADU shall not exceed 30% of the total habitable
floor area of the single-family dwelling or 750 square feet, whichever
is larger.
(4)
A minimum of one dedicated off-street parking space shall be
provided for the ADU.
(5)
The property owner must occupy one of the two dwelling units
and provide proof of occupancy. The owner-occupied unit cannot be
sublet. Both the primary dwelling unit and the accessory dwelling
unit must remain in common ownership.
(6)
Where municipal sewer service is not provided, the septic system
shall meet New Hampshire Water Supply and Pollution Control Division
requirements for the combined system demand for total occupancy of
the premises, RSA 485-a:38, Approval to Increase Load on a Sewage
Disposal System.