The districts aforesaid and the boundaries of such districts
shall be such as shown upon a map prepared by the Rye Planning Board
titled "Zoning Map Town of Rye Rockingham County, New Hampshire 1992"
and drawn by James W. Sewall Company at a scale of one inch equals
1,000 feet, together with all notations, references, and other matter
and things set forth and/or attached thereto, on file in the office
of the Town Clerk of the Town of Rye, New Hampshire. This same map
is hereby adopted and shall be known as the "Official Zoning Map of
the Town of Rye," and shall be certified by the Selectmen and the
Town Clerk, and the Selectmen and the Town Clerk shall make all changes
as may be effected by any amendment or changes in this chapter, such
things to be made properly and promptly.
The Zoning Map was amended March 9, 2010, to enlarge the Commercial District by moving the boundary between the Commercial District and the Single Residence District that is located west of Lafayette Road and north of Breakfast Hill Road a distance of 800 feet further to the west so that the new boundary is 1,300 feet from Lafayette Road and to add a new Multifamily Dwelling Overlay District, per § 190-3.7 of this chapter.
Location. The original of said Zoning Map shall remain on file in
the records of the Town Clerk and copies thereof shall be available
at all times through the Selectmen and Town Clerk.
Final authority. Regardless of the existence of purported copies
of the Official Zoning Map which may from time to time be made or
published, the Official Zoning Map which is on file with the Town
Clerk shall be the final authority as to the current zoning status
of any area within the Town of Rye.
Boundaries of districts. Where uncertainty exists with respect to
the boundaries of the various districts, as shown on the map accompanying
and made a part of this chapter, the following rules shall apply:
The district boundaries are streets unless otherwise shown,
and where the districts designated on the map accompanying and made
a part of this chapter are bounded approximately by streets, said
street center line shall be construed to be the boundary of such district.
The district boundaries along streets are generally defined by a line
parallel to such street line and a designated number of feet therefrom
as appears on the said map.
Where the district boundaries are not otherwise indicated and
where the property has been divided into blocks and lots, the district
boundaries shall be construed to be the lot lines, and where the designated
districts on the map accompanying and made a part of this chapter
are bounded approximately by lot lines, said lot lines shall be construed
to be the boundary of such district unless said boundaries are otherwise
indicated on the map.
In subdivided property, the district boundary lines on the map
accompanying and made a part of this chapter shall be determined by
the use of the scale contained on such map.
Use. No building shall be erected, reconstructed, or structurally
altered nor shall any building or land be used for any purpose other
than is permitted in the district in which such building or land is
located.
Height. No building shall be erected, reconstructed, or structurally
altered to exceed the height herein established for the district in
which such building is located.
Yards. No lot area shall be so reduced or diminished that the yards
or other open spaces shall be smaller than prescribed by this chapter
nor shall the density of population be increased in any manner except
in conformity with the area regulations as hereinafter provided.
A lot which has two or more dwellings is a nonconforming use. On such lots, the following are prohibited expansions of a nonconforming use (see § 190-6.2A):
Septic systems. Construction of septic systems shall be set back
20 feet from side and rear lot boundaries in order to preclude flowage
onto abutting property. Alteration, repairs, or replacement or extensions
of existing systems must comply with New Hampshire Department of Environmental
Services requirements.
Corner lots. On corner lots, the driveway shall exit only to the
lesser traveled street. On a corner lot, frontage, depth and front
yard requirements shall be met for both streets. The yard behind the
principal building shall meet the rear yard requirement. The side
yard shall meet the side yard requirement. On a corner lot having
only three sides, the yard shall meet either the rear yard or side
yard requirement depending on the orientation of the principal building.
Government uses. All publicly owned lands and buildings, including
playgrounds and parks under the control of the Town, school district,
county, or state, also all property which by the laws of the State
of New Hampshire is exempt from taxation in whole or in part, shall
comply with the requirements of the zoning district(s) in which they
are located.
Definition.
For the purposes of this subsection only, an illegal apartment is
a dwelling unit other than the principal dwelling unit or principal
use on a property for which a permit does not exist in the records
of the Building Department and for which the owner is unable to establish
that the dwelling unit is either lawfully permitted or grandfathered.
Certification.
The owner of a property having an illegal apartment may apply to the
Building Inspector for a certificate of legality for the apartment
on or before December 31, 2021. The Building Inspector may grant a
certificate of legality if he/she determines that the following requirements
are met:
The illegal apartment has existed prior to the adoption of § 190-5.6, Accessory apartments, of this chapter on March 10, 1998. Tax records and records supplied by the property owner may be consulted in making this determination.
Sanitary waste disposal for the property is provided by Town sewers
or by an effluent disposal system (EDS) which has been permitted by
NHDES for a loading which includes the illegal apartment and all other
uses of the property; or
The EDS serving the property has been inspected by a licensed septic
system inspector and determined to be functioning adequately and a
design for a replacement system has been approved by NHDES.
Conditions.
The Building Inspector may place such conditions on the issuance of
a certificate of legality as he/she deems to be in the interest of
the public health, safety and welfare.
Renewal.
Certificates of legality shall be valid for five years or until sale
of the property. Property owners granted a certificate of legality
may apply for renewal of the certificate at five-year intervals or
at the time of sale of the property. Certificates shall be renewed
after inspection of the premises to determine continued compliance
with the above requirements and any conditions placed on the original
certificate. The Board of Selectmen may enact fees for the renewal
inspection.
Form
of certificate. The Building Inspector is authorized to create a certification
form which implements this provision. The form shall contain a space
for describing the apartment, including the size, number of rooms
and any other information the Building Inspector deems pertinent.
Effect
of certification. The issuance of a certificate of legality shall
establish the legality of the apartment and shall quiet all assertions
to the contrary.
Buffer adjacent to residential districts. Nonresidential uses
of land which abuts a boundary of a residential zoning district shall
provide a fifty-foot-wide buffer between the use and the residential
district zone boundary. Said buffer shall include natural or added
planting of evergreens which will screen nonresidential uses from
residential areas during winter months. Where the buffer area is developed,
further encroachment may occur only by special exception.
In circumstances where a buffer will not be provided by § 190-2.2J(1), a fifty-foot-wide buffer, measured from the property line, shall be provided, as follows. Said buffer shall include natural or added planting of evergreens which will screen nonresidential uses from residential areas during winter months.
New residential building or development shall provide such a
buffer from an existing nonresidential use not permitted by right
in a residential district or the boundary of an abutting nonresidential
district.
New nonresidential building or development of uses not permitted
by right in a residential district shall provide such a buffer from
an existing residential use. Within the Commercial District, such
a buffer is not required around a nonconforming residential use existent
as of March 9, 2005.
If new residential development and new nonresidential development
are part of the same land development, the buffer shall be provided
around the nonresidential development in the residential districts
and around the residential development in the nonresidential districts.
In order to mitigate their harmful effects on neighborhood children
and residential neighborhoods, adult bookstores, adult video stores,
adult motion-picture theaters, adult cabarets, adult arcades and establishments
governed by RSA 314-A, Body Art, shall not be permitted:
On any parcel located 500 feet or less from the boundaries of
the Single Residence and General Residence Districts, as measured
along street frontage; or
In order to prevent a concentration of adult establishments
in one area, which would tend to encourage blight, devalue property
and increase crime, no adult establishment shall be permitted within
1,000 feet of another adult establishment.
Access to lots. In order to be considered suitable for development, access to a lot shall be by a driveway from frontage which meets the minimum frontage requirements of this chapter. A lot may be reached via a shared driveway by permission of the Planning Board for safety reasons; however, a lot shall not be considered suitable for development unless it is accessible by a driveway from frontage which meets the minimum frontage requirements of this chapter. ("Driveway" as defined by Chapter 202, Land Development Regulations.)
Expiration of special use/conditional use permits. An approved but
unused special use permit or conditional use permit shall lapse two
years from the date of approval unless substantial construction relative
to the permit has begun on the site or unless the Planning Board has
approved an extension for good cause. Applications for an extension
shall be subject to the hearing and notice requirements applicable
to the original permit.
In order to mitigate their harmful effects on neighborhood children
and residential neighborhoods, any medical marijuana facilities shall
not be permitted:
On any parcel located 500 feet or less from the boundaries of
the Single Residence and General Residence Districts, as measured
along street frontage; or
In order to prevent a concentration of medical marijuana facilities
in one area, which would tend to encourage blight, devalue property
and increase crime, no medical marijuana facilities shall be permitted
within 1,000 feet of another medical marijuana establishment.
There shall be no disturbance to the local environment visually
or from noise, noxious fumes, nighttime lighting, excessive traffic,
or any other actions beyond what is customary in the neighborhood.
Golf courses, provided that the golf course is an eighteen-hole
course comprising at least 6,000 yards in length with a minimum of
60 acres in size, including a golf course as part of individual residential
lot development, provided that said lots conform to all dimensional,
area and other requirements of this chapter.
Accessory uses customarily incidental to a golf course such
as tennis, paddle tennis, swimming pool, pro shop, clubhouse, practice
facilities, social and business functions, storage, maintenance, food
and beverage facilities and other related accessory uses are permitted.
Roadways within any golf course related development shall be built to Town standards, provide for public access and be maintained by the developer, by a homeowners' association or by individual homeowners. Any golf course developments shall comply with all other sections of Chapter 202, Land Development Regulations.
Bed-and-breakfast facilities, subject to limitations for customary home occupations in § 190-2.3A(3) and subject also to site plan review by the Planning Board.
Business use of residence. A property owner may use a residential property for a business use (other than a permitted home occupation) by special exception, provided that the following requirements are met, in addition to the requirements of § 190-7.1A(3):
Not more than three persons, in addition to the proprietor,
shall be employed in the business. Not more than one of the three
allowed employees may be employed on the premises.
The business use shall not occupy an area greater than 1/3 of
the floor area of the interior of the residence. Some or all of the
business activity may be located in an accessory building to the residence,
such as a garage or barn, but, if so, the total area occupied by the
business (i.e., within the residence and/or within the accessory building)
shall not be greater than 1/3 of the floor area of the interior of
the residence.
There shall be no more than two commercial vehicles kept at
the premises. Heavy construction equipment, such as backhoes, bulldozers
and dump trucks, is not allowed. Only two-axle business vehicles are
allowed.
All parking associated with the business use shall be off street,
including any employee parking. Such parking shall not be located
within 50 feet of the street line and shall be screened from adjacent
properties.
The following business uses are prohibited: retail sales; kennels;
automobile or small engine repair or maintenance, welding and any
other uses which involve the storage on the property of motor vehicles
or the parts thereof; and uses which involve the storage of hazardous
materials or substances.
Businesses which generate more than 12 trips per day (including
employee trips) based upon the most recent trip generation data published
by the Institute of Traffic Engineers (ITE) are prohibited.
The business use shall not detract from the residential character
of the property, of the neighborhood, or of abutting properties. It
shall not adversely affect the use and peaceful enjoyment of abutting
residential properties.
Utilize the exterior spaces of residential structures
or yard spaces for storage, display or other activities associated
with the business in a manner that is not customary for a typical
residential use.
Front yards. There shall be in front of every building a front
yard having a minimum depth of 40 feet, provided that no front yard
need be deeper than the average of the depths of front yards on the
lots next thereto on either side, a vacant lot, or a lot occupied
by a building with a front yard more than 40 feet deep, being considered
as though occupied by a building with a front yard 40 feet deep.
Corner clearance. On a corner lot, nothing shall be erected,
placed, planted or allowed to grow in such a manner as materially
to impede vision between a height of 2 1/2 and 10 feet above the center-line
grades of the intersecting streets in the area bounded by the street
lines of such corner lots and a line joining points along said street
lines 50 feet from the point of the intersection of such street lines.
Building area. No dwelling shall occupy more than 15% of its
lot. Every dwelling unit shall have a minimum ground floor area of
960 square feet, except that dwellings having living quarters on more
than one floor above the basement may be reduced in ground floor area
to 720 square feet, provided that a minimum living space of 960 square
feet is provided therein. Open porches, garages, carports, barns,
sheds, and unwalled covered areas shall not be included as ground
floor area or living space. Dwellings plus open porches, decks, garages,
carports, barns, sheds and other accessory buildings, plus patios,
unwalled covered areas, impervious driveways, sidewalks, impervious
walkways and other impervious surfaces, shall occupy no more than
15% of the lot.
Area of lot per family. No building shall be erected on a lot
containing less than 66,000 square feet. The frontage of any lot shall
be at least 200 feet and the depth of any lot shall be at least 150
feet, but in combination shall constitute the required area of 66,000
square feet.
Height. No building or structure shall exceed 35 feet in height
as measured from grade. Silos used for storage related to farming,
protective netting structures at a golf course and wireless telecommunication
towers are exempt from this limitation.
Bed-and-breakfast facilities, subject to limitations for customary home occupations in § 190-2.3A(3) and subject also to site plan review by the Planning Board.
Front yards. There shall be in front of every building a front
yard having a minimum depth of 30 feet, provided that no front yard
need be deeper than the average of the depths of front yards on the
lots next thereto on either side, a vacant lot, or a lot occupied
by a building with a front yard more than 30 feet deep, being considered
as though occupied by a building with a front yard 30 feet deep.
Corner clearance. On a corner lot nothing shall be erected,
placed, planted, or allowed to grow in such a manner as materially
to impede vision between a height of 2 1/2 and 10 feet above
the center-line grades of the intersecting streets in the area bounded
by the street lines of such corner lots and a line joining points
along said streets 50 feet from the point of the intersection of such
street lines.
Building area. No dwelling shall occupy more than 30% of its
lot. Every dwelling shall have a minimum ground area of 960 square
feet except that dwellings having living space on more than one floor
above the basement may be reduced in ground floor area to 700 square
feet. Open porches, garages, carports, paved driveways and other impervious
areas, barns, sheds, and unwalled covered areas shall not be included
as ground floor area or living space. Dwellings plus open porches,
decks, garages, carports, barns, sheds and other accessory buildings,
plus patios, unwalled covered areas, impervious driveways, sidewalks,
impervious walkways and other impervious surfaces, shall occupy no
more than 30% of the lot. However, no dwelling unit shall provide
less than 600 square feet of floor area per family.
Area of lot per family. No single-family dwelling or building
shall be erected on a lot containing less than 44,000 square feet.
Two-family dwellings require a minimum of 88,000 square feet of lot
area. The frontage of any single-family dwelling lot shall be at least
150 feet and the depth of a lot shall be at least 150 feet. The frontage
of any two-family dwelling lot shall be at least 200 feet and the
depth of a lot shall be at least 200 feet.
Height. No building or structure shall exceed 35 feet in height
as measured from grade. Silos used for storage related to farming,
protective netting structures at a golf course and wireless telecommunication
towers are exempt from this limitation.
Uses permitted by special exception. In the Conservation District
the following uses are permitted by special exception: accessory buildings
customarily incidental to a permitted use, such as trail shelters,
picnic shelters, sanitary facilities, and the like.
All lands owned by the Town of Rye, the Rye School District
and the State of New Hampshire reserved for recreational purposes
are classed as Public Recreation Districts and shall be used only
for recreational purposes.
Side yards. There shall be on each side of every building a
side yard having a minimum width of 20 feet, except that 20 feet between
cabins shall be sufficient on a tourist camp site.
Building area. No more than 40% of the area of any lot shall
be occupied by buildings. The building requirements for dwellings
in this district shall be the same as specified for dwellings in a
General Residence District. No principal building other than a dwelling
on a lot in this district shall have less than 1,200 square feet of
ground floor area, excepting tourist camps.
Area of lot. No single-family dwelling or any other building
shall be erected on a lot containing less than 44,000 square feet,
except for tourist camp sites. Tourist camp sites require a minimum
of 2,200 square feet. Two-family dwellings, as permitted in the district,
shall require a minimum of 88,000 square feet of lot area. The frontage
of a lot shall be at least 150 feet and the depth of a lot shall be
at least 150 feet.
Height. No building or structure shall exceed 35 feet in height
as measured from grade. Silos used for storage related to farming,
protective netting structures at a golf course and wireless telecommunication
towers are exempt from this limitation.
Any use permitted in any Residence District including accessory
uses so authorized and subject to all limitations there applicable
except that residential uses, including single-family dwellings and
two-family dwellings, are not permitted.
The following uses, provided that the use shall not be detrimental
or injurious to the neighborhood by reason of the emission of odor,
fumes, smoke, vibrations, or noise or any other cause:
Front yards. There shall be in front of every building a front
yard having a minimum depth of 30 feet, except along Lafayette Road,
where the front yard shall have a minimum depth of 60 feet.
Area of lot. No building shall be erected on a lot containing
less than 44,000 square feet. The frontage of any lot shall be at
least 150 feet and the depth of any lot shall be at least 150 feet.
Height. No building or structure shall exceed 35 feet in height
as measured from grade. Silos used for storage related to farming,
protective netting structures at a golf course and wireless telecommunication
towers are exempt from this limitation.
Commercial processing establishment, the principal activities
of which shall be the preparation of goods which are customarily delivered
for consumption directly to their ultimate consumption outlet.
Production establishment, the principal activities of which
are other than manufacturing. Production may include processing and
assembly of goods, together with associated administration, management,
research, testing, freight handling, storage, and distribution.
Manufacturing of all sort, provided that the use shall not be
detrimental or injurious to the neighborhood by reason of the emission
of odor, fumes, smoke, vibrations, or noise or any other cause.
Area of lot. No building shall be erected on a lot containing
less than 44,000 square feet. The frontage of any lot shall be at
least 150 feet and the depth of any lot shall be at least 150 feet.
Height. No building or structure shall exceed 35 feet in height
as measured from grade. Silos used for storage related to farming,
protective netting structures at a golf course and wireless telecommunication
towers are exempt from this limitation.