Town of Raymond, NH Article 5 Overlay Districts

§ 197-5.1 Zone F, Historic District.

5.1.1. Zone F shall include the following parcels of land and buildings:

Tax Map	Lot	Address	Common Reference
23	60	10 Old Fremont Road	Bean Tavern (03/2022)
27-2	29	10 Main Street	Former Severance Property
27-2	30	12 Main Street	Former Cobbler Shop (03/2001)
27-2	55	7 Main Street	Maclaren Residence (03/2001)
28-1	47	28 Main Street	Former Welch Oil Co. (03/2001)
28-3	58	1 Old Manchester Road	Former Doctor's Office
28-3	59	Main Street & Old Manchester Road	Jewett Elderly Housing (03/2001)
28-3	68	51 Main Street	Methodist Church (03/2001)
28-3	79	2 Epping Street	Brewitt Funeral Home
28-3	80	4 Epping Street	Town Office Complex
28-3	81	8 Epping Street	Sovereign Bank
28-3	82	Epping & Main Streets	Town Common
28-3	86	9 Epping Street	Pilgrim Inn Apartments (03/2000)
28-3	88	5 Church Street	Congregational Church (03/2000)
28-3	89	Church Street	Howard Buildings (03/2000)
28-3	90	56 Main Street	Howard Buildings (03/2000)
28-3	91	58 Main Street	Howard Buildings (03/2000)
28-3	95	Main Street	Former Railroad Depot

§ 197-5.2 Groundwater Conservation Overlay District.

5.2.1. Authority. The Town of Raymond hereby adopts this ordinance pursuant to the authority granted, under RSA 674:16, II relative to innovative land use controls.

5.2.2. Purpose. The purpose of this ordinance is, in the interest of public health, safety, and general welfare, to preserve, maintain, and protect from contamination existing and potential groundwater supply areas and to protect surface waters that are fed by groundwater. The purpose is to be accomplished by regulating land uses which could contribute pollutants to designated wells and/or aquifers identified as being needed for present and/or future public water supply.

5.2.3. Description. The Groundwater Conservation District is an overlay district which is superimposed over the existing underlying zoning and includes within its boundaries the Wellhead Protection Areas identified in the Town's Wellhead Protection Program dated May, 1992 and the Town's Source Water Protection Plan dated November, 2009, and as may be designated by NH Department of Environmental Services (NH DES), including those areas currently identified as GAA, GA1 and GA2 and the Stratified Drift Aquifer(s) shown on the map entitled "Combined Aquifer, Surficial Geology and Wellhead Protection Areas" dated February 2009 (Map 4), included in the Town of Raymond's Source Water Protection Plan dated November, 2009, and as may be amended from time to time by the Raymond Planning Board. (Note: The boundaries of Map 4, entitled "Combined Aquifer, Surficial Geology, and Wellhead Protection Areas," is represented as Official Zoning 2012 Map B.) Copies of these reports and maps shall be kept on file with the Raymond Community Development Department.

5.2.4. Definitions.

AQUIFER

A geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.

GA1

"GA1" as defined in RSA 485-C:5,1; namely, "groundwater in a defined zone of high value for present or future drinking water supply."

GA2

"GA2" as defined in RSA 485-C:5,I; namely, "groundwater within aquifers identified as highly productive for potential use as a public water supply by the U.S. Geological Survey regional groundwater studies, or other regional studies."

GAA

"GAA" as defined in RSA 485-C:5,I; namely, "groundwater in this class is within the wellhead protection area for wells which presently are used or well sites which have been identified for future use as drinking water supply for public water systems."

GASOLINE STATION

That portion of a property where petroleum products are received by tank vessel, pipeline, tank car, or tank vehicle and distributed for the purposes of retail sale of gasoline.

GROUNDWATER

Subsurface water that occurs beneath the water table in soils and geologic formations.

IMPERVIOUS

Not readily permitting the infiltration of water.

IMPERVIOUS SURFACE

A surface through which regulated substances cannot pass when spilled. Impervious surfaces include concrete unless unsealed cracks or holes are present. Asphalt; earthen, wooden, or gravel surfaces; or other surfaces which could react with or dissolve when in contact with the substances stored on them are not considered impervious for the express purpose of retaining the regulated substances; however, these surfaces are considered impervious for the calculation of stormwater impacts and other regulatory calculations separate from the retention of spills. (03/2024)

JUNKYARD

An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automotive recycling yard, and includes garbage dumps and sanitary landfills. The word does not include any motor vehicle dealers registered with the Director of Motor Vehicles under RSA 261:104 and controlled under RSA 236:126.

OUTDOOR STORAGE

Storage of materials where they are not protected from the elements by a roof, walls, and a floor with a surface impervious to regulated substances. (03/2024)

PETROLEUM BULK PLANT or TERMINAL

Means that portion of the property where petroleum products are received by tank vessel, pipeline, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline tank car, tank vehicle, portable tank, or container.

PUBLIC WATER SYSTEM

A system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.

REGULATED SUBSTANCE

Petroleum, petroleum products, and substances listed under 40 CFR 302, 7-1-05 edition, excluding the following substances: (1) ammonia, (2) sodium hypochlorite, (3) sodium hydroxide, (4) acetic acid, (5) sulfuric acid, (6) potassium hydroxide, (7) potassium permanganate, and (8) propane and other liquefied fuels which exist as gases at normal atmospheric temperature and pressure.

SANITARY PROTECTIVE RADIUS

The area around a well which must be maintained in its natural state as required by Env-Dw 301 or Env-Dw 302 (for community water systems) and Env-Ws 373.12 and Env-Ws 372.14 (for other public water systems).[1]

SECONDARY CONTAINMENT

A structure such as a berm or dike with surface impervious to regulated substances which is adequate to hold at least 110% of the volume of the largest regulated substance container that will be stored there. (03/2024)

SNOW DUMP

For the purposes of this ordinance, a location where snow which is cleared from roadways and/or motor vehicle parking areas is placed for disposal.

SOURCEWATER

Groundwater or surface water, in its natural state, prior to any treatment for drinking.

STRATIFIED DRIFT AQUIFER

A geologic formation of predominantly well-sorted sediment deposited by or in bodies of glacial melt water, including gravel, sand, silt, or clay, which contains sufficient saturated permeable material to yield significant quantities of water to wells.

SURFACE WATER

Streams, lakes, ponds and tidal waters, including marshes, water courses and other bodies of water, natural or artificial.

WELLHEAD PROTECTION AREA

The surface and subsurface area surrounding a water well or well field supplying a community public water system, through which contaminants are reasonably likely to move toward and reach such water well or well field.

WETLAND BUFFER

"Wetland buffer" or "wetland setback" means a designated area contiguous or adjacent to a wetland that is required for the continued maintenance, function, and stability of the wetland. (03/2024)

[1] Editor's Note: See now Env-Ws 406.

5.2.5. Applicability. This ordinance applies to all uses in the Groundwater Conservation District, except for those uses exempt under Subsection 5.2.13 of this ordinance.

5.2.6. Performance standards. The following performance standards apply to all uses in the Groundwater Conservation District unless exempt under Subsection 5.2.13:

5.2.6.1. For any use that will render impervious more than 15% or more than 2,500 square feet of any lot, whichever is less, a stormwater management plan shall be prepared which the Planning Board determines is consistent with the New Hampshire Stormwater Manual: Volume I, Stormwater and Antidegradation; Volume II, Post-Construction Best Management Practices Selection and Design; and Volume III, Erosion and Sediment Controls During Construction, NH Department of Environmental Services, December 2008.

5.2.6.2. Conditional uses, as defined under Subsection 5.2.11 of this ordinance, shall develop stormwater management and pollution prevention plans and include information consistent with the handbook entitled "Stormwater Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices" (US EPA, 1992).

5.2.6.2.1. The plan shall demonstrate that the use will minimize, through a source control plan that identifies pollution prevention measures, the release of regulated substances into stormwater;

5.2.6.2.2. The plan shall demonstrate that recharge to groundwater will not result in violation of Ambient Groundwater Quality Standards (Env-Ws 410.05[2]) at the property boundary;

[2] Editor's Note: See now Env-Wm 1403.

5.2.6.2.3. The plan shall stipulate that expansion or redevelopment activities shall require an amended stormwater plan and shall not infiltrate stormwater through areas containing contaminated soils without completing a Phase I Assessment in conformance with ASTM E1527-05; also referred to as "All Appropriate Inquiry" (AAI).

5.2.6.2.4. Animal manures, fertilizers, and compost must be stored in accordance with the Manual of Best Management Practices for Agriculture in New Hampshire, NH Department of Agriculture, Markets, and Food (June 2011), and subsequent revisions.

5.2.6.2.5. All regulated substances stored in containers with a capacity of more than five gallons must be stored in product-tight containers on a surface impervious to regulated substances designed and maintained to prevent flow to exposed soils, floor drains, and outside drains. (03/2024)

5.2.6.2.6. Facilities where regulated substances are stored must be secured against unauthorized entry by means of a door(s) and/or gate(s) which is locked when authorized personnel are not present and must be inspected weekly by the facility owner.

5.2.6.2.7. Outdoor storage areas for regulated substances, associated material or waste must be protected from exposure to precipitation and must be located at least 75 feet from surface water or storm drains, wetlands, private wells and outside the sanitary protective radius of wells used by public water systems.

5.2.6.2.8. Secondary containment must be provided for outdoor storage of regulated substances if an aggregate of more than 275 gallons of regulated substances are stored outdoors on any particular property.

5.2.6.2.9. Containers in which regulated substances are stored must be clearly and visibly labeled and must be kept closed and sealed when material is not being transferred from one container to another.

5.2.6.2.10. Prior to any land-disturbing activities, all inactive wells on the property, not in use or properly maintained at the time the plan is submitted, shall be considered abandoned and must be sealed in accordance with We 604 of the New Hampshire Water Well Board Rules.

5.2.7. Spill prevention, control and countermeasure (SPCC) plan. Conditional uses, as described under Subsection 5.2.11 of this ordinance, shall submit a spill control and countermeasure (SPCC) plan to the Technical Review Committee (TRC), which shall determine whether the plan will prevent, contain, and minimize releases from ordinary or catastrophic events such as spills, floods or fires that may cause large releases of regulated substances. It shall include:

5.2.7.1. A description of the physical layout and a facility diagram, including all surrounding surface waters and wellhead protection areas;

5.2.7.2. Contact list and phone numbers for the facility response coordinator, cleanup contractors, and all appropriate federal, state, and local agencies who must be contacted in case of a release to the environment;

5.2.7.3. A list of all regulated substances in use and locations of use and storage;

5.2.7.4. A prediction of the direction, rate of flow, and total quantity of regulated substance that could be released where industry experience indicates a potential for equipment failure;

5.2.7.5. A description of containment and/or diversionary structures or equipment to prevent regulated substances from infiltrating into the ground; and

5.2.7.6. Emergency response plan describing and assigning responsibilities and actions to be taken.

5.2.8. Report of resolution. Upon resolution of the response to a spill, the organization responsible for the premises shall provide a complete report of resolution to the Raymond TRC outlining actions taken and clearances provided by pertinent local, state and federal agencies.

5.2.9. Permitted uses. All uses permitted by right or allowed by special exception in the underlying district are permitted in the Groundwater Conservation District unless they are prohibited uses or conditional uses. All uses must comply with the performance standards unless specifically exempt under Subsection 5.2.13.

5.2.10. Prohibited uses. The following uses are prohibited in the Groundwater Conservation District:

5.2.10.1. The siting or operation of a hazardous waste disposal facility as defined under RSA 147-A;

5.2.10.2. The siting or operation of a solid waste landfill;

5.2.10.3. The siting or operation of a junkyard;

5.2.10.4. The siting of a snow dump;

5.2.10.5. The siting or operation of a wastewater or septage lagoon;

5.2.10.6. The siting or operation of a sludge monofill or sludge composting facility;

5.2.10.7. The siting or operation of a petroleum bulk plant or terminal; (03/2023)

5.2.10.8. The siting or operation of gasoline stations; (03/2023)

5.2.10.9. The storage of commercial fertilizers, unless such commercial fertilizer storage is within a structure designed to prevent the generation and escape of runoff or leachate and is in compliance with the standards of Subsection 5.2.7. (03/2023)

5.2.10.10. The outdoor storage of road salt or other de-icing chemicals in bulk. (03/2023)

5.2.10.11. Any Direct Current (DC) Electric Vehicle Charging Station or AC Electric Vehicle Charging Station and EVSE in any commercial, industrial, or “for profit” use. (03/2025)

5.2.11. Conditional uses. The issuance of a conditional use permit is subject to site plan approval by the Planning Board. The Planning Board may grant a conditional use permit for a use that is otherwise permitted within the underlying district, if the permitted use is or is involved in one or more of the following:

5.2.11.1. Storage, handling, and use of regulated substances in quantities exceeding 100 gallons or 800 pounds dry weight at any one time, provided that an adequate spill prevention, control and countermeasure (SPCC) plan prepared in accordance with Subsection 5.2.7 by a qualified professional is submitted to the Technical Review Committee for review and approval, with the final plan also submitted to the Raymond Fire Department and the Raymond Community Development Department for its records. The Technical Review Committee may employ the services of a qualified peer review professional to review the plan at the applicant's expense.

5.2.11.2. Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater.

5.2.11.3. In granting such approval, the Planning Board must first determine that the proposed use is not a prohibited use and will be in compliance with the performance standards as well as all applicable local, state and federal requirements. The Planning Board may, at its discretion, require a performance guaranty or bond, in an amount and with surety conditions satisfactory to the Board, to be posted to ensure completion of construction of any facilities required for compliance with the performance standards. The amount of this bond shall be in addition to any other bond required by the Board under either the Subdivision or Site Plan Review Regulations.

5.2.12. Existing nonconforming uses. Existing nonconforming uses may continue without expanding or changing to another nonconforming use, but must be in compliance with all applicable state and federal requirements, including Env-Ws 421, Best Management Practices Rules.[3] However, under no circumstances will a nonconforming use be permitted when a continuance of that use presents a risk to public health and/or safety.

[3] Editor's Note: See now Env-Wq 401.

5.2.13. Exemptions. The following uses are exempt from the specified provisions of this ordinance as long as they are in compliance with all applicable local, state, and federal requirements:

5.2.13.1. Any private residence is exempt from all performance standards.

5.2.13.2. Any business or facility where regulated substances are stored in containers with a capacity of five gallons or less is exempt from performance standards Subsections 5.2.6.2.6 through 5.2.6.2.9.

5.2.13.3. Storage of heating fuels for on-site use or fuels for emergency electric generation, provided that storage tanks are indoors on a concrete floor or have corrosion control, leak detection, and secondary containment in place, is exempt from performance standards Subsection 5.2.6.2.6.

5.2.13.4. Storage of motor fuel in tanks attached to vehicles and fitted with permanent fuel lines to enable the fuel to be used by that vehicle is exempt from performance standards Subsections 5.2.6.2.6 through 5.2.6.2.9.

5.2.13.5. Storage and use of office supplies is exempt from performance standards Subsections 5.2.6.2.6 through 5.2.6.2.9.

5.2.13.6. Temporary storage of construction materials on a site where they are to be used is exempt from performance standards Subsections 5.2.6.2.6 through 5.2.6.2.9.

5.2.13.7. The sale, transportation, and use of pesticides as defined in RSA 430:29, XXVI are exempt from all provisions of this ordinance.

5.2.13.8. Household hazardous waste collection projects regulated under NH Code of Administrative Rules Env-Wm 401.03(b)(1) and 501.01(b)[4] are exempt from performance standards Subsections 5.2.6.2.6 through 5.2.6.2.9.

[4] Editor's Note: See now Env-Hw 401.03(b)(1) and 501.01(b).

5.2.13.9. Underground storage tank systems and aboveground storage tank systems that are in compliance with applicable state rules are exempt from inspections under Subsection 5.2.16 of this ordinance.

5.2.14. Amendments to map. The Planning Board, after a public hearing held in accordance with RSA 675:6, may revise the "Combined Aquifer, Surficial Geology and Wellhead Protection Areas" map, as may be recommended from time to time by the New Hampshire Department of Environmental Services.

5.2.15. Relationship between state and local requirements. Where both the state and the municipality have existing requirements the more stringent shall govern.

5.2.16. Maintenance and inspection.

5.2.16.1. For uses requiring Planning Board approval for any reason, a narrative description of maintenance requirements for structures required to comply with Performance Standards shall be recorded so as to run with the land on which such structures are located, at the Registry of Deeds for Rockingham County. The description so prepared shall comply with the requirements of RSA 478:4-a.

5.2.16.2. Inspections may be required to verify compliance with performance standards. Such inspections shall be performed by the Director of Public Works or designee at reasonable times with prior notice to the landowner.

5.2.16.3. All properties within the Groundwater Conservation District known to be using or storing regulated substances in containers with a capacity of greater than five gallons, except for facilities where all regulated substance storage is exempt from this ordinance under Subsection 5.2.13, shall be subject to inspections under this subsection.

5.2.16.4. The Board of Selectmen may require a fee for compliance inspections. The fee shall be paid by the property owner. A fee schedule shall be established by the Board of Selectmen as provided for in RSA 41:9-a.

5.2.17. Enforcement procedures and penalties. Any violation of the requirements of this ordinance shall be subject to the enforcement procedures and penalties detailed in NH RSA 676.

5.2.18. Saving clause. If any provision of this ordinance is found to be unenforceable, such provision shall be considered severable and shall not be construed to invalidate the remainder of the ordinance.

5.2.19. Effective date. This ordinance shall be effective upon adoption by the municipal governing body.

§ 197-5.3 (Reserved) (03/2021)

§ 197-5.4 (Reserved) (03/2024)

§ 197-5.5 Elderly Housing Overlay District.

5.5.1. Intent. This section is established to provide an overlay zoning district within which elderly housing shall be a permitted use. It is declared to be in the public interest and general welfare of the Town of Raymond to encourage a diverse mixture of ages in the general population and to encourage the development of housing for the elderly. The Elderly Housing Overlay Zoning District is designed to establish minimum development standards to ensure that the needs of the elderly are met, to provide locations for elderly housing projects which are compatible with the needs of the elderly, and to encourage housing for the elderly by permitting an increased density above that which is allowed in the underlying zone. This overlay zone is designed to provide for the existence of facilities and services specifically designed to meet the physical, social and economic needs of older persons as opposed to any other residential use. The principal use of land may be for one or several building types ranging from independent senior housing, assisted-living facility, congregate care, adult retirement community, and active adult community. The form of the unit can consist of attached or detached dwelling(s), with ownership including, but not limited to, condominium or fee simple.

5.5.2. Fair Housing Act compliance. Any housing development under this section must be established and operated in compliance with the Fair Housing Act as amended, 42 U.S.C. § 3601 et seq. The Planning Board may require assurance of compliance with the Act by deed restriction, covenants, or other instruments as a condition of approval.

5.5.3. Additional review. The Elderly Housing Overlay District shall require, pursuant to the provisions of the Site Review Regulations and Subdivision Regulations, site review and/or subdivision approval as appropriate.

5.5.4. Finding. The Planning Board finds that the standards set forth herein, including the location of the overlay district, and the minimum standards which govern elderly housing developments, are chosen to further the goal of encouraging elderly housing which meets the needs of the elderly. As a result, any requests for use variances or variances from the minimum standards set forth herein are discouraged.

5.5.5. 

Definitions.

ACTIVE ADULT HOUSING

As its name suggests, "active adult housing (AAH)" describes a category of residences that is both independent of full-time staff support and age restrictive. Housing that is specifically targeted to occupants age 55 years and older.

ADULT RETIREMENT COMMUNITY

A planned residential development for occupancy of person(s) 55 years of age and older that emphasizes social and recreational activities but may also provide personal services, limited health facilities, and transportation.

ASSISTED-LIVING FACILITY

Dwelling units for occupancy of person(s) 62 years of age and older where rooms, meals, personal care and supervision of self-administered medication are provided. Other services may be provided as an accessory use only, such as recreational activities, financial services and transportation.

BEDROOM

A room primarily intended for sleeping which has an interior door, closet, and means of egress window.

CONGREGATE-CARE FACILITY

Units for occupancy of person(s) 62 years of age or older where communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the occupants are provided.

DWELLING UNIT

For the purpose of § 197-5.5, the term "dwelling unit" shall mean:

A. For active adult housing, adult retirement community, assisted-living facility, one or more bedrooms providing complete separate living facilities for the use of one or more persons constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation;

B. For congregate care, cooking and eating facilities are optional; however, the unit shall in all other respects constitute a single housekeeping unit.

ELDERLY HOUSING DEVELOPMENT

Shall consist of active adult housing, adult retirement communities, congregate-care facilities, assisted-living facilities and ancillary facilities as defined and allowed under the provisions of this ordinance.

HOUSEHOLD MEMBER

A person who occupies a dwelling unit in an active adult or adult retirement elderly housing development.

OCCUPANT

The term "occupant" shall mean any person(s) residing in a dwelling unit who meets the requirements of Subsection 5.5.11.

QUALIFYING HOUSEHOLD MEMBER

For active adult and adult retirement development projects, a household member who meets the requirements of the elderly housing development and occupies an elderly housing dwelling unit.

5.5.6. Purpose: to provide standards for the location and development of appropriate sites within the Town for the following uses as more fully described herein:

5.5.6.1. Active adult community.

5.5.6.2. Adult retirement community.

5.5.6.3. Assisted-living facility.

5.5.6.4. Congregate-care facility.

5.5.7. Location of Elderly Housing Overlay District. Elderly housing developments shall be an "allowed use" in the following zoning districts:

5.5.7.1. Zone A (Residential).

5.5.7.2. Zone B (Residential/Agricultural).

5.5.7.3. Zone C.2 (Commercial/Residential).

5.5.7.4. Zone E (Manufactured Housing).

5.5.8. Special exception. Elderly housing developments may be allowed in the following zoning districts by "special exception":

5.5.8.1. Zone F (Historic). Prior to scheduling a public hearing on the request for special exception, the Zoning Board of Adjustment shall request that the Historic District Commission review and comment on the special exception request.

5.5.8.2. The Groundwater Conservation Overlay District (§ 197-5.2). Prior to scheduling a public hearing on the request for special exception, the Zoning Board of Adjustment shall request that the Conservation Commission review and comment on the special exception request.

5.5.9. Prohibition. Elderly housing shall not be permitted in any of the following zones:

5.5.9.1. Zone C.1 (Commercial).

5.5.9.2. Zone D (Industrial).

5.5.9.3. Zone G (Conservation District).

5.5.10. Uses permitted within Elderly Housing Overlay District:

5.5.10.1. Active adult community. At least 80% of the dwelling units must be occupied by at least one person who is 55 years or older.

5.5.10.2. Adult retirement community. At least 80% of the dwelling units must be occupied by at least one person who is 55 years or older.

5.5.10.3. Assisted-living facilities. Occupants of these dwelling units must be 62 years or older.

5.5.10.4. Congregate-care facilities: Occupants of these dwelling units must be 62 years or older.

5.5.10.5. Ancillary facilities as accessory uses supportive of the primary elderly overlay use.

5.5.10.6. Any elderly housing development may contain one or more types of the above-described housing. However, if a proposed development contains one or more types, then each type will be segregated from the other to ensure compliance with the age restrictions for dwelling units set forth above.

5.5.11. Occupancy eligibility for dwelling units within elderly housing developments. Dwelling units qualify for inclusion in this zone, provided the dwelling units are specifically designed for the needs and services of the targeted population. To qualify as a permitted dwelling unit in this zone, all of the units within the elderly housing development project must meet one of the following criteria:

5.5.11.1. For active adult community and adult retirement, at least 80% of the dwelling units must be occupied by at least one occupant 55 years of age or older, the occupant(s) who are 55 years of age or older shall be the qualifying household member(s); or

5.5.11.2. For all other types of elderly housing developments as described above, the units are intended for and solely occupied by occupants 62 years of age or older; or

5.5.11.3. A dwelling unit in an active adult community and/or an adult retirement development project may be occupied by a household member who remains after the removal of the qualifying household member as a result of death, divorce, or legal separation. The surviving household member shall be allowed to occupy the unit until the rental period expires or until the next conveyance or transfer of the record title to that dwelling unit, at which time the age restriction on occupancy must be re-established.

5.5.11.4. An occupant under the age of 55, but over the age of 18, may live in a dwelling unit which is part of an active adult or adult retirement community if the other occupants of the unit meet the age requirements for occupancy and if the occupants can demonstrate that:

5.5.11.4.1. It is necessary for the underage occupant to reside at the site to provide care-taking services or to provide necessary medical assistance to the eligible occupant(s); or

5.5.11.4.2. One or both occupants who meet the age requirement have an adult child who is disabled and for whom they are the primary caregivers and/or who they serve as the legal guardians.

5.5.11.4.3. Any requests made under this provision shall be made to the Code Official for review and determination. The Code Official may require that the request be accompanied by documentation from qualified medical personnel indicating that care-taking or medical care is necessary for one or more occupants of the dwelling unit. The Code Official may also require that the request be accompanied by documentation which demonstrates the adult child is disabled, and that the parents are the primary caregiver/legal guardian for the child.

5.5.11.4.4. In no event shall more than three occupants live in any dwelling unit of an elderly housing development. The underage occupant referenced in Subsection 5.5.11.4 above shall not be considered a "household member" as defined herein, and shall occupy the dwelling unit only during such time as they may qualify for occupancy under Subsection 5.5.11.4 above.

5.5.12. Minimum standards for development. The following standards are the minimum standards for any elderly housing development:

5.5.12.1. Each development shall be subject to review and approval under the Town of Raymond's Planning Board Site Review and/or Subdivisions Regulations.

5.5.12.2. The number of elderly housing dwelling units in Raymond, including those which are contained in any elderly housing project application accepted for review by the Planning Board, shall not exceed 20% of the total number of dwelling units in existence in the community which are approved as of April 1 of each calendar year. In determining what constitutes an elderly housing unit, the Assessor's office will reference the portions of the Zoning Ordinance in effect when the dwelling unit was constructed and determine whether it shall be considered "elderly housing" for the purposes of the calculations required under this section. The Code Official will determine whether the number of units in any elderly housing project exceeds the maximum percentage described above.

5.5.12.3. Minimum lot size:

5.5.12.3.1. On lots serviced by municipal water: two acres (87,120 square feet) or larger. (03/2023)

5.5.12.3.2. On lots not serviced by municipal water: two acres (87,120 square feet) or larger, depending on soil and slope conditions, as may be necessary to sustain development according to state lot size standards.

5.5.12.3.3. Minimum lot frontage shall be 200 feet in all districts. (03/2023)

5.5.12.4. Minimum unit size:

5.5.12.4.1. A one bedroom dwelling unit shall contain a minimum of 600 square feet of living space. (03/2023)

5.5.12.4.2. A two bedroom dwelling unit shall contain a minimum of 900 square feet of living space. (03/2023)

5.5.12.4.3. No dwelling unit shall contain more than two bedrooms.

5.5.12.5. Net density calculation:

5.5.12.5.1. Zone G land shall not be considered as part of the net density calculation.

Example:

Gross Acreage minus Zone G = Acres for Density Calculations

100 Gross Acres less 20 Zone G Acres = 80 Acres for Density Calculations

5.5.12.5.2. Open space. Open space shall consist of a minimum of 30% of the gross acreage of the property. No more than 20% of the gross acreage, if calculated as open space, shall consist of Zone G land.

Example:

Step 1: Gross Acreage minus (-) Zone G Land equals (=) Developable Calculation Area 100 gross acres - 20 gross acres (Zone G) = 80 acres (developable calculation area)

Step 2: Minimum Open Space = 30% of Gross Acreage

100 acres X 30% = 30 acres

Step 3: A maximum amount of 20% of gross acreage may consist of Zone G land in satisfying the open space requirement

100 acres 20% = 20 acres

Step 4: To meet the open space set aside, required of 30%, 20 acres (as per Step 3 above) and 10 acres of non-Zone G land would be required.

5.5.12.6. Bedrooms. The number of bedrooms per acre shall not exceed the densities allowed as follows:

5.5.12.6.1. For active adult and adult retirement projects (age 55 or older), there shall be no more than four bedrooms per acre.

5.5.12.6.2. For all other elderly housing projects (age 62 or older), there shall be no more than eight bedrooms per acre.

5.5.12.7. Setbacks:

5.5.12.7.1. Any structure shall be set back at least 75 feet from the front lot line.

5.5.12.7.2. Any structure shall be set back at least 30 feet from the side and rear lot line.

5.5.12.8. Buffers. The purpose of the buffer zones is to provide a transition area between adjoining land uses.

5.5.12.8.1. A minimum fifteen-foot wide landscaped area shall serve as a buffer on sides and rear.

5.5.12.8.2. There shall be a ten-foot wide landscaped area along the public right-of-way.

5.5.12.8.2.1. The buffer area shall contain year-round screening. Screening may consist of shrubs, trees, fencing, as directed by the Planning Board during site plan review.

5.5.12.9. Ancillary facilities as accessory uses. Ancillary facilities, usually associated with the living needs for comfort, health, safety and welfare of seniors, shall be provided to meet the need of the proposed population of the development. These facilities may include dispensaries, common dining, group recreation or other similar or related facilities primarily for the support of the residents of the development. The type and the size of such facilities shall be proportional to and suitable for the type and scope of the proposed elderly housing development.

5.5.12.10. Outdoor recreation facilities. Outdoor recreation facilities shall be required and may be used for self-directed or structured activities that are either active or passive in nature. Outdoor recreation facilities may be incorporated in the minimum open space. Allowable impermeable surface for these facilities within the open space shall not exceed 10% of the open space requirement.

5.5.12.10.1. "Structured recreation" shall be defined as activities that are scheduled, organized activities that may require equipment and that may take place on dedicated sites.

5.5.12.10.2. "Self-directed activities" shall be defined as activities that a person or people may engage in at will. The participant(s) decides the time, place and the activity.

5.5.12.10.3. "Active recreation" is defined as activities that require the expenditure of physical energy, such as gardening, playing sports, and hiking.

5.5.12.10.4. "Passive recreation" is defined as activities that require limited expenditure of physical energy, such as reading and playing cards.

5.5.12.11. On-site parking:

5.5.12.11.1. Each unit must have a minimum of two parking spaces per unit. (03/2023)

5.5.12.11.2. Covered parking spaces that cannot be used for or converted to storage or additional living space by the user/owner may be included in the calculation for required parking for the development.

5.5.13. Handicapped convertible. All of the dwelling units shall be handicapped convertible in the following manner: Dwelling units shall be so designed that all rooms, including the bathroom area, may be converted to a full handicapped unit without the removal of walls, the widening of hallways and/or the replacement of doors. All hidden blocking shall be installed in bathrooms for the future installation of handicapped-accessible fixtures without the removal of wall surfaces.

5.5.14. Agreements, restrictions and provisions. The applicant shall provide copies of deed restrictions, condominium documents, or restrictive covenants, which shall be binding on successors and assigns of the property and which shall require that the occupants comply with the applicable age restrictions. Such documents shall be reviewed and approved by the Planning Board. Enforcement of any and all agreements, restrictions and/or covenants shall be the responsibility of the property owners as to initial and continued enforcement and compliance. In the event the property owner fails to do so, then the Planning Board reserves the right, but not the obligation, to enforce all age and occupancy restrictions which are set forth in applicable agreements.

5.5.15. Once approval for an elderly housing development project is obtained within the Elderly Housing Zoning Overlay District, then the use shall remain as elderly housing unless the following steps occur:

5.5.15.1. A majority of the owners of lots or units within the elderly housing development must decide that a use change for the property is desired.

5.5.15.2. The owners must apply for and receive new subdivision and/or site plan approval(s) as appropriate from the Planning Board pursuant to the provisions of the Zoning Ordinance in effect at the time of the request. At a minimum, the owners must apply for and receive a change of use approval pursuant to the Site Review Regulations.

5.5.15.3. The owners must submit for review and approval, by the Planning Board, modified or replacement restrictive covenants, condominium declarations or such other documents as are required by the Planning Board as a result of the above-referenced approval process.

5.5.15.4. In addition to the enforcement provisions described herein, the Town of Raymond reserves all rights to pursue, as a zoning violation pursuant to RSA 676:17, any change of use made to a dwelling unit or ancillary structure which is not in conformance with the Elderly Housing Overlay District.

5.5.16. Other requirements.

5.5.16.1. Minimum safety standards. The development shall meet all applicable building codes and life safety codes that have been adopted by the Town of Raymond, as well as other state and federal statutes and regulations.

5.5.16.2. Sidewalks and/or suitable walkways shall be provided throughout the development.

5.5.16.3. There shall be a minimum of two access points from existing or proposed public roads to the development. One of the access points may be restricted for emergency access only, upon review of the Fire Department, providers of emergency services and approval by the Planning Board.

5.5.16.4. The standards contained within this ordinance shall supersede any conflicting standards contained in other portions of the Zoning Ordinance.

§ 197-5.6 Workforce Housing Overlay District.

5.6.1. Minimum standards for development. The following standards are the minimum standards for any workforce housing development:

5.6.1.1. Each development shall be subject to review and approval under the Town of Raymond's Planning Board Site Review and/or Subdivision Regulations.

5.6.1.2. The number of workforce housing dwelling units in Raymond, including those which are contained in any workforce housing project application accepted for review by the Planning Board, shall not exceed 20% of the total number of dwelling units in existence in the community which are approved as of April 1 of each calendar year. In determining what constitutes an elderly housing unit, the Assessor's office will reference the portions of the Zoning Ordinance in effect when the dwelling unit was constructed and determine whether it shall be considered "workforce housing" for the purposes of the calculations required under this section. The Code Official will determine whether the number of units in any workforce housing project exceeds the maximum percentage described above.

5.6.1.3. Minimum lot size:

5.6.1.3.1. On lots serviced by municipal water: two acres (87,120 square feet) or larger. (03/2023)

5.6.1.3.2. On lots not serviced by municipal water: two acres (87,120 square feet) or larger, depending on soil and slope conditions, as may be necessary to sustain development according to state lot size standards.

5.6.1.3.3. Minimum lot frontage shall be 200 feet in all districts. (03/2023)

5.6.1.4. Minimum unit size:

5.6.1.4.1. A one-bedroom dwelling unit shall contain a minimum of 600 square feet of living space. (03/2023)

5.6.1.4.2. A two-bedroom dwelling unit shall contain a minimum of 900 square feet of living space. (03/2023)

5.6.1.4.3. No dwelling unit shall contain more than two bedrooms.

5.6.1.5. Net density calculation:

5.6.1.5.1. Zone G land shall not be considered as part of the net density calculation.

5.6.1.6. On-site parking:

5.6.1.6.1. Each unit must have a minimum of two parking spaces per unit. (03/2023)

5.6.1.6.2. Covered parking spaces that cannot be used for or converted to storage or additional living space by the user/owner may be included in the calculation for required parking for the development.