TOWN OF PELHAM
NEW HAMPSHIRE
ZONING ORDINANCE
The rules on this page are provided for the convenience of
the interested parties. The Pelham
Planning Department has taken care with the accuracy of the files accessible
here, they are not the "official" administrative rules. Administrative rules are periodically
revised and readopted. Although every
effort is made to see that the rules on this page are the most current versions
available, some lapse in time may occur between adoption and the electronic
posting of new rules or other files which may alter the meaning or context of
those files. An "official"
hard copy of all the Town of Pelham's electronic rules may be obtained at the
Planning Department, (603) 635-7811.
The offical hard copies are at the Planning Department
TABLE OF CONTENTS
ARTICLE I - GENERAL PROVISIONS
Section 307-1 Title................................................................................................ Page
1
Section 307-2 Purpose.......................................................................................... Page
1
Section 307-3 Authority........................................................................................ Page
1
Section 307-4 Adoption........................................................................................ Page
1
ARTICLE II - DEFINITIONS
Section 307-5 Word
Usage & Interpretation ......................................................... Page
2
Section 307-6 Definitions....................................................................................... Page
2
ARTICLE III - GENERAL PROVISIONS
Section 307-7 Conformity
Required ...................................................................... Page
5
Section 307-8 Nonconforming
Uses ..................................................................... Page
5
Section 307-9 Number
of Bldgs for Dwellings Per Lot .......................................... Page
5
Section 307-10 Off
Street Parking/Driveways ......................................................... Page
5
Section 307-11 Ruins
to be Removed ..................................................................... Page
5
Section 307-12 Dimensional
Requirements .............................................................. Page
6
Section 307-13 Computing
Minimum Lot Sizes ....................................................... Page
7
Section 307-14 Frontage
........................................................................................ Page
7
ARTICLE IV - ESTABLISHMENT OF
DISTRICTS
Section 307-15 Districts
Designated........................................................................ Page
8
Section 307-16 Districts
Defined............................................................................. Page
8
Section 307-17 Zoning
District Boundaries.............................................................. Page
9
ARTICLE V - PERMITTED USES
Section 307-18 Principal
Permitted Uses............................................................... Page
10
Section 307-19 Permitted
Uses-Special Conditions................................................ Page
11
Section 307-20 Sexually
Oriented Businesses........................................................ Page
12
Section 307-21 Definitions..................................................................................... Page
12
Section 307-22 Allowed
Locations........................................................................ Page
14
Section 307-23 Measure
of Distance..................................................................... Page
14
Section 307-24 Additional
Reasonable Regulations................................................ Page
14
Section 307-25 Severability................................................................................... Page
14
ARTICLE VI - AQUIFER CONSERVATION
DISTRICT
Section 307-26 Conflicting
Provisions ................................................................... Page
15
Section 307-27 Permitted
Uses ............................................................................ Page
15
Section 307-28 Prohibited
Uses ........................................................................... Page
15
Section 307-29 Waste
Water Disposal.................................................................. Page
16
Section 307-30 Water
Supply and Wells .............................................................. Page
16
Section 307-31 Potential
Contaminants ................................................................. Page
16
Section 307-32 District
Boundaries ....................................................................... Page
16
Section 307-33 Planning
Board Review................................................................. Page
17
Section 307-34 Enforcement
................................................................................ Page
17
Section 307-35 Nonconformity
............................................................................. Page
17
Section 307-36 Guidelines
for Enforcement ........................................................... Page
18
ARTICLE VII - WETLANDS CONSERVATION
DISTRICT
Section 307-37 Purpose
and Intent........................................................................ Page
19
Section 307-38 Wetlands
Incorrectly Delineated.................................................... Page
19
Section 307-39 Permitted
Uses............................................................................. Page
20
Section 307-40 Special
Provisions......................................................................... Page
20
Section 307-41 Relation
to Other District............................................................... Page
21
Section 307-42 Relation
to Other Districts............................................................. Page
21
Section 307-43 Separability................................................................................... Page
21
Section 307-44 Conflict
with Other Regulations..................................................... Page
21
ARTICLE VIII - FLOODPLAIN DEVELOPMENT
ORDINACE
Section 307-45 Purpose........................................................................................ Page
22
Section 307-46 Definitions..................................................................................... Page
22
Section 307-47 Administration............................................................................... Page
25
Section 307-48 Variances
and Appeals................................................................. Page
27
ARTICLE IX - ELDERLY HOUSING
Section 307-49 Where
Complexes Permitted......................................................... Page
29
Section 307-50 Definitions..................................................................................... Page
29
Section 307-51 Requirements
for Complex............................................................ Page
30
Section 307-52 Site
Requirements......................................................................... Page
30
Section 307-53 Site
Plan Approval........................................................................ Page
31
Section 307-54 Septic
System............................................................................... Page
31
Section 307-55 Interpretation................................................................................ Page
31
ARTICLE X - PERSONAL WIRELESS SERVIES
ORDINANCE
Section 307-56 Purpose
and Intent........................................................................ Page
32
Section 307-57 Definitions..................................................................................... Page
32
Section 307-58 Siting
Standards............................................................................ Page
34
Section 307-59 Performance
Standards................................................................. Page
36
Section 307-60 Conditional
Use Permits................................................................ Page
38
Section 307-61 Bonding,
Security and Insurance.................................................... Page
41
Section 307-62 Removal
of Abandoned Antennas
and
Facilities................................................................................. Page
41
Section 307-63 Enforcement................................................................................. Page
41
Section 307-64 Saving
Clause............................................................................... Page
41
ARTICLE XI - SIGNS
Section 307-65 Scope
and Intent........................................................................... Page
42
Section 307-66 Purpose........................................................................................ Page
42
Section 307-67 Title ......................................................................................... Page
42
Section 307-68 Sign
Permit................................................................................... Page
42
Section 307-69 Sign
Definition and Restrictions...................................................... Page
43
Section 307-70 General
Regulations...................................................................... Page
48
Section 307-71 Administration
and Enforcement.................................................... Page
48
Section 307-72 Fees ......................................................................................... Page
49
ARTICLE XII - SPECIAL EXCEPTIONS
Section 307-73 General
Requirements................................................................... Page
50
Section 307-74 Additional
Requirements
for
Accessory Dwelling Units.......................................................
Page 50
Section 307-75 Other
Users in the
Residential
District ....................................................................... Page
51
Section 307-76 Additional
Requirements
for
Home Occupations.................................................................. Page
52
ARTICLE XIII - ENFORCEMENT AND
MISCELLANEOUS
Section 307-77 Severability................................................................................... Page
54
Section 307-78 Authorization
to Administer Ordinance.......................................... Page
54
Section 307-79 Zoning
Administrator..................................................................... Page
54
Section 307-80 Review
of Applications................................................................. Page
54
Section 307-81 Violations
and Penalties................................................................. Page
54
Section 307-82 Zoning
Board of Adjustment
Administration............................................................................... Page
54
Section 307-83 Powers
of the Zoning BOA........................................................... Page
55
Section 307-84 Application
Procedure.................................................................. Page
55
Section 307-85 Appeals........................................................................................ Page
55
Section 307-86 Hearing
Procedure........................................................................ Page
56
Section 307-87 Decisions...................................................................................... Page
56
Section 307-88 Variances..................................................................................... Page
56
ARTICLE XIV - AMENDMENTS; PENALTIES;
SEVERABILITY AND WHEN EFFECTIVE
Section 307-89 Amendment.................................................................................. Page
58
Section 307-90 Violations
and Penalties................................................................. Page
58
Section 307-91 Severability................................................................................... Page
58
Section 307-92 When
Effective............................................................................. Page
58
ARTICLE
I
GENERAL PROVISIONS
307-1 Title
This Ordinance shall be cited as
"Code of the Town of Pelham, NH."
It is hereinafter referred to as "this Ordinance."
307-2 Purpose
The purpose of this Ordinance is to
promote the health, safety and general welfare of the inhabitants of the Town
of Pelham, New Hampshire by encouraging the most appropriate use of land
throughout the Town and to:
A. lessen congestion in streets;
B. secure safety from fires, panic and
other dangers;
C. provide adequate light and air;
D. prevent the overcrowding of land;
E. avoid undue concentration of
population;
F. conserve property values;
G. facilitate the adequate provision of
transportation, solid waste facilities, water, sewerage, schools, parks, child
day care, and housing opportunities for all family types and income levels; and
H. assure the proper use of natural
resources and other public requirements.
307-3 Authority
This Ordinance is adopted pursuant to and
in accordance with NH RSA 674:16 through 674:21, inclusive.
307-4 Adoption
Originally adopted 1955 by ballot at a
special Town Meeting.
ARTICLE II
DEFINITIONS
307-5 Word
Usage and Interpretation
For the purposes of this Ordinance,
certain words, terms or phrases shall bear the meaning given herein unless the
context clearly indicates otherwise; and:
A. words in the present tense include the
future;
B. the singular includes the plural and
the plural includes the singular;
C. terms and words not defined in this
article but defined in the building code shall have the meanings given therein;
and
D. terms and words not defined in this
article or in the building code shall have the meanings understood in common
usage and as defined in standard American dictionaries.
307-6 Definitions
The following words have the following
meanings for the purposes of this Ordinance.
1. Aquifer: refers to those areas shaded in blue on the
United States Geological Survey Map entitled "Saturated Thickness,
Transmissivity and Materials of Stratified-Drift Aquifers in the Nashua region,
South Central New Hampshire" from the study Hydrogeology of Stratified
Drift-Aquifers and Water Quality in the Nashua Regional Planning Commission
Area, South Central New Hampshire (1987) prepared by Kenneth W. Toppin,
United States Geological Survey-Water Resources Investigations Report 86-4358,
a copy of which is available for inspection at the Pelham Town Hall. [Added
by ballot ATM March, 1991]
2. Building: any combination of materials, whether
portable or fixed, having a roof, which form a structure for the shelter of
persons, animals or property.
3. Building, Accessory: a detached building, the use of which is
customarily incidental and subordinate to that of the principal building, and
which is located on the same lot as that occupied by the principal building.
4. Building, Area: the aggregate of the maximum horizontal
cross-section area of all buildings on a lot exclusive of cornices, eaves,
gutters, chimneys, unenclosed porches, bay windows, balconies and terraces,
expressed as a percentage of the total lot area.
5. Building, Attached: a building having any portion of one (1) or
more walls in common with adjoining buildings.
6. Building, Detached: a building not sharing any walls or portions
of any walls with adjoining buildings.
7. Building, Height: the vertical distance from the grade to the
highest elevation of the roof of the highest story. [Added 6-20-73 by ballot
by an STM, Art. 1]
8. Building, Principal: a building in which is conducted the
principal use of the lot on which it is located.
9. Dwelling Unit: one (1) or more
rooms arranged for living and sleeping purposes with cooking and sanitary facilities
for the use of one (1) or more individuals living as a single housekeeping
unit.
10. Frontage: the length of the lot bordering on the
public right-of-way and serves as the access to the lot.
11. High-Intensity Soil Survey (HISS): a soils map of a parcel of land being
considered for development on a perimeter survey, with a scale of one (1) inch
equals fifty (50) feet, where soils are identified and mapped in accordance
with the high-intensity soils mapping standards as adopted by the Hillsborough
County Conservation District.
12. Home Occupation: an occupation conducted entirely within the
dwelling unit or accessory structure of the resident property owner. It is clearly a secondary use of the
property which does not adversely affect the residential character of the
neighborhood. It is in compliance with
the criteria established for home occupations.
13. Home Produce and Products:
includes everything of an agriculture nature grown, produced, conditioned or
otherwise carried on the property of the resident, also such articles as are
manufactured or altered by members of the household of the bona fide resident
of any property. [Added 1-5-60 by ballot by an STM, Art 1]
14. Junk: any old discarded metal, glass, paper, rubber, textiles, rubbish,
trash or junked, dismantled, or wrecked motor vehicles or motor vehicle parts.
15. Junk Yard: an establishment or
place of business which is used for storing, buying or selling junk but not
including approved solid waste disposal facilities or registered motor vehicle
dealerships.
16. Junk Yard, Motor Vehicle: any place of storage or deposit, whether in
connection with another business or not, which has two (2) or more unregistered
motor vehicles which are no longer fit for legal use on public highways or any
combination of motor vehicle parts or materials, the sum of which is equal to
or greater than two (2) or more motor vehicles.
17. Manufactured Housing: any structure transportable in one or more
sections, which, in the traveling mode, is eight (8) body feet or more in width
and forty (40) body feet or more in length, or when erected on site, is
three-hundred and twenty (320) square feet or more, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to required utilities, which include
plumbing, heating and electrical heating systems contained therein. Manufactured housing does not include
presite built housing as defined in subsection S below.
18. Nonconforming Use: a building,
structure or use of land lawfully existing at the time of enactment of this
chapter and which does not conform to the regulations of this chapter.
19. Permanent Residents: a family shall be considered “permanent
residents” when they have used any building continuously as a residence for a
period of six (6) months or more. [Added 1/5/60 by ballot by a STM, Art. 1]
20. Presite Built Housing: any structure designed primarily for
residential occupancy which is wholly or on substantial part made, fabricated,
formed or assembled in off-site manufacturing facilities in conformance with
United States Department of Housing and Urban Development minimum property
standards and local building codes, for installation, or assembly and installation,
on the building site. Presite built
housing does not include manufactured housing as defined in subsection P above.
21. Right-of-Way:
includes all town, state and federal highways and the land on either
side of the same as covered by statutes to determine the width of the
“right-of-ways”.
22. Site
Specific Soil Maps for New Hampshire and Vermont, SSSNNE Special Publication
No.
3,
June 1997: the most current
standards for site specific soil mapping in accordance with the standards of the National Cooperative Soil Survey and are consistent with
the requirements of RSA 485-A, and NH
Code of Administrative Rules ENV-Ws 1000.
[Added by ballot March 99]
23. Use, Accessory: a use secondary and subordinate to the
principal use of a structure or lot.
24. Wetland: a wetland is an area that is inundated or
saturated by surface or ground water at a frequency
and duration sufficient to support, and that under normal conditions, does
support a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include, but are not limited to, swamps, marshes, bogs, and similar areas. Wetlands
shall be delineated by either a certified soil scientist or a professional
wetland scientist according to the Corps
of Engineers Wetlands Delineation Manual, 1987, and the Regional Field Indicators for Identifying Hydric Soils
in New England, 1995. [Amended by ballot ATM March 1998]
25. Yard, Front: a space extending for the full width of a
lot between the extreme front line of a building and the nearest side of the
right-of-way.
26. Yard, Rear: the distance from the extreme rear of any
building to the nearest point on any rear lot line.
27. Yard, Side: the distance from the extreme side of any
building to the nearest point on any side lot line.
ARTICLE III
GENERAL PROVISIONS
307-7 Conformity
Required
No building or land shall hereafter be
used or occupied and no building or part thereof shall be erected, moved or
altered unless in conformity with the regulations specified in this Ordinance
for the district in which it is located.
307-8 Nonconforming
Uses
Any nonconforming use may continue in its
present use except that any nonconforming use of land or buildings may not be:
A. Changed to another nonconforming use.
B. Re-established after discontinuance
for one (1) year, except to a conforming use.
C. Extended.
D. Rebuilt after damage exceeding fifty
percent (50%) of its value.
307-9 Number
of buildings for dwellings per lot.
[Added 3-14-61 by ballot by the ATM, Art. 15]
There shall be constructed on each lot
not more than one (1) building for dwelling purposes.
307-10 Off-street
parking and driveways. [Added 6-20-73
by ballot by an STM, Art. 4; amended 12-5-73 by ballot by an STM, Art. 5: 3-12-85 by ballot by the ATM, Art. 5]
A. One- and two- family dwellings shall
have two (2) off-street parking spaces for each dwelling unit, plus sufficient
off-street parking for visitors and service vehicles.
B. All other land uses, other than land
used for one- and two-family dwellings, shall provide for adequate paved
off-street parking to meet the particularized need of the specific land
use. It shall be the duty of the Pelham
Planing Board, in the exercise of its nonresidential site review authority
granted by RSA 674:43 and 674:44, to adopt site plan review regulations setting
forth specific driveway, loading area and parking space requirements for all
land uses other than one- and two-family dwellings. These regulations may provide for conditional, contingent,
standby, future and phased parking area construction.
C. Driveway permits shall be obtained from
the Planning Board or its designated agent for all new or relocation driveways
that enter onto Class V or Class VI streets.
307-11 Ruins
to be removed [Added 1-5-60 by ballot by an STM, Art.1]
No owner or occupant of buildings in any
district shall permit a fire or other ruins to be left but shall remove the
same within one (1) year.
307-12 Dimensional
Requirements
The following dimensional requirements
apply to all buildings related or accessory to the uses identified in Table 1,
unless otherwise indicated, except that:
A. All buildings for uses not indicated in
Table 1, below, that are located within the residential district shall conform
to the minimum requirements for single-family dwellings;
B. All buildings for uses not indicated in
Table 1, below, that are located within a business district shall conform to
the minimum requirements for commercial uses;
C. All buildings for uses not indicated in
Table 1, below, that are located within an industrial district shall conform to
the minimum requirements for industrial uses, and
D. All buildings for uses not indicated in
Table 1, below, that are located within in any other district shall conform to
the minimum requirements for single-family dwellings unless otherwise
indicated.
E. Garages, decks, and sheds and other
accessory uses to single and two-family dwellings shall be setback a minimum of
thirty (30) feet to the front yard and fifteen (15) feet to the side and rear
yards. Sheds used for garden tools and
yard equipment whose external dimensions total one hundred (100) square feet or
less in area and are not more than eight (8) feet in height, shall be exempt
from this regulation. This section
shall not apply to home occupations under the residential zone. Setbacks for home occupations shall adhere
to Section 307-12 of the Zoning Ordinance.
TABLE 1
Table of Dimensional
Requirements
|
|
Minimum Lot Size
|
|
|
Building Setbacks
|
|
|
|
(sq. ft.)
|
Frontage
|
Front
|
Side
|
Rear
|
|
Single-Family Dwelling
|
43,560
|
200'
|
30'
|
15'
|
15'
|
|
Two-Family Dwelling
|
87,120
|
200'
|
30'
|
15'
|
15'
|
|
Multi-Family Dwelling
|
130,680*
|
200'
|
40'**
|
30'**
|
30'**
|
|
Commercial Uses
|
60,000
|
200'
|
40'**
|
30'**
|
30'**
|
|
Industrial Uses
|
87,120
|
200'
|
40'**
|
30'**
|
30'**
|
* Multi-family dwellings shall have an
additional 10,000 sq. ft. of lot area for each bedroom in excess of ten.
** There shall be between the nearest
right-of-way and the extreme front of all buildings, other than single-or
two-family dwellings, a distance equal to not less than three (3) times the
height of the building, but not less than forty (40) feet. for all buildings other than single- or
two-family dwellings, there shall be provided side yard and rear yard setbacks
of not less than two (2) times the height of the building, but not less than
thirty (30) feet.
307-13 Computing Minimum Lot
Sizes. [Added 3-4-75 by ballot by the
ATM, Art. 4]
(Amended
3/95 ATM)
When computing minimum lot sizes, of the
total required land area for lot sizing, a minimum of 35,000 square feet of
naturally occurring usable land area must be contiguous. The intent is to provide for an area that
adequately accommodates the building site and all required utilities such as water supply and sewage disposal for
on-site septic tanks and leach fields; this shall include both a primary and an
alternate leach field location.
The following land shall not be counted
in computing minimum:
1.
Land areas
having wetland soil symbols and classifications, using the High Intensity Soil
Survey soil classification system.
2.
Land areas
that would be flooded by a one hundred year flood, the s cope of said one year
flood to be determined by the United States Department of Housing and Urban
Development and the Federal Insurance Administration.
3.
Land areas
in the Recreation, Agricultural and Conservation District cannot be used in
computing minimum lot sizes.
4.
No lots
which received final Planning Board subdivision approval prior to January 1,
1975, shall be deemed undersized non-conforming lots solely by reason of
enactment of this Subsection.
307-14 Frontage
All lots, except those for the use of
industrial buildings, shall have at least two hundred (200) feet of frontage on
a public right-of-way. Lots for the use
of industrial buildings may have at least two hundred (200) feet of frontage on
a clearly defined, fifty-foot-wide privately owned right-of-way in lieu of
frontage on a public right-of-way.
Whenever a lot for the use of an industrial building has its frontage on
a privately owned right-of-way, all setback lines will be measured from the
edge of the privately owned right-of way.
ARTICLE IV
ESTABLISHMENT
OF DISTRICTS
307-15 Districts
Designated
For the purposes of this Ordinance, the
Town of Pelham is divided into the following districts as shown and defined on
the Official Zoning Map.
A. General Districts
Full
District Name Short
District Name
Residential
District R
Business
District No. One B-1
Business
District No. Two B-2
Business
District No. Three B-3
Business
District No. Four B-4
Industrial
District No. One I-1
Industrial
District No. Two I-2
Industrial
District No. Three I-3
Rural Ru
Recreation-Conservation-Agricultural
Districts RCA
B. Overlay Districts
Full
District Name Short District
Name
Aquifer
Conservation District ACD
Wetlands
Conservation District WCD
Floodplain
Conservation District FCD
307-16 Districts
Defined
A. Residential --- (R): The R district is established to provide for
the development of single and two-family (duplex) residences and customary
accessory uses and structures and complimentary nonresidential uses within a
rural/residential environment. The
district is intended to provide a diversity of housing types, community
facilities, recreational uses and other related uses while protecting the
town's rural character and natural resource base.
B. Business --- (B-1, B-2, B-3 &
B-4): The B districts are
established to provide opportunities for the development of general retail and
wholesale commercial uses, services, office uses, apartments and customary
accessory uses and structures in a manner compatible with the rural
/residential character of the town.
C. Industrial --- (I-1, I-2 &
I-3): The I districts are
established to provide for light industrial development, warehousing, limited
business and commercial uses and customary accessory uses and structures. The district is intended to be
nonresidential in character.
D. Rural --- (Ru): The Ru district is designed to provide for
and encompass a wide diversity of land uses.
All uses permitted in the other districts are permitted in the Ru
district.
E. Recreation-Conservation-Agricultural
(RCA 1-7): RCA districts are intended to protect important natural
resources such as prime wetlands from potentially adverse impacts related to
incompatible development and to protect and provide opportunities for the
continuation of traditional rural land uses related to agriculture, recreation
and conservation.
F. Aquifer Conservation District (ACD):
The ACD is an overlay district intended to protect Pelham's groundwater
resources from pollutants generated by inappropriate land uses in order to
protect the town's existing and future water supply.
G. Wetlands - (WCD): The Wetlands Conservation district is an
overlay district which is established to protect surface and groundwater
resources, wildlife habitats and to preserve natural drainage patterns and
flood water storage areas. The district
strictly limits land uses and construction activities which are otherwise
permitted in the underlying districts.
H. Floodplain Conservation District
(FCD): The FCD is an overlay district intended to minimize the dangers of
flooding to life and property by strictly limiting and controlling development
within designated floodplain areas.
307-17 Zoning
District Boundaries
Where appropriate and unless otherwise
indicated, zoning district boundaries shown on the zoning map are the center
lines of streets, railroads and power line rights-of-way, the middle of the
channel of waterways or other water bodies, or the Town Line. Any boundary within ten (10) feet of a
property line is considered to coincide with such property line. Where no distance is stated on the Zoning
map, the distance is be determined by the scale on the Map. In any instance where there is doubt as to
the location of a zoning district, the Zoning Board of Adjustment (ZBA) shall
determine the location of such boundary consistent with the intent of this Ordinance
and the Zoning Map.
ARTICLE V
PERMITTED USES
307-18 Principal
Permitted Uses
Only the following principal uses are
permitted.
TABLE 2
|
Uses
|
R
|
B
|
I
|
Ru
|
RCA
|
|
Single-family dwellings
|
P
|
P
|
|
P
|
|
|
Two-family dwellings
|
P
|
P
|
|
P
|
|
|
Multi-family dwellings
|
|
P
|
|
|
|
|
Accessory Dwelling Units
|
S
|
S
|
|
S
|
|
|
Elderly Housing
|
P
|
P
|
|
P
|
|
|
Agricultural Uses
|
P
|
P
|
P
|
P
|
P
|
|
Home Occupations
|
S
|
S
|
|
S
|
|
|
Fraternal organizations &
membership clubs
|
S*
|
P
|
P
|
P
|
|
|
Churches and other places of worship
|
S
|
P
|
P
|
P
|
|
|
Public or private primary, secondary,
business or trade schools, colleges, preschools and daycare centers
|
S
|
P
|
P
|
P
|
|
|
Hospitals and clinics
|
S
|
P
|
P
|
P
|
|
|
Country clubs, hunting, fishing
swimming, tennis or golf clubs.
|
S
|
P
|
P
|
P
|
P
|
|
Convalescent or nursing homes
|
S
|
P
|
S
|
P
|
|
|
Health, fitness or athletic membership
club
|
|
P
|
P
|
P
|
|
|
General retail or wholesale trade
|
|
P
|
P
|
P
|
|
|
Food & Beverage service
establishments
|
|
P
|
P
|
P
|
|
|
Hotels, motels, inns, rooming houses or
tourist cabins
|
|
P
|
P
|
P
|
|
|
Establishments selling new boats,
trailers, aircraft, and related products
|
|
P
|
P
|
P
|
|
|
Establishments selling new or used
(retail) automobiles
|
|
P*
|
|
|
|
|
Business & professional offices
|
|
P
|
P
|
P
|
|
|
Theaters & cinemas
|
|
P
|
P
|
P
|
|
|
Banquet & function halls
|
|
P
|
P
|
P
|
|
|
Commercial recreation such as bowling
alleys, video arcades, or miniature golf
|
|
P
|
P
|
P
|
|
|
Light industry & manufacturing
|
|
|
P
|
|
|
|
Warehousing
|
|
|
P
|
|
|
|
Junkyards and solid waste disposal
facilities
|
|
|
|
S
|
|
P =
Permitted Use
P*
= Permitted Use as defined and delineated in Section 307-19D, and reflected in
the Town Zoning Map.
S =
Permitted by special exception only
S*
= As defined by RSA 72:23-a, tax exempt veterans organizations by special
exception in
the
Residential District.
[Amended
by ballot ATM March 1999]
307-19 Permitted Uses -- Special
Conditions
A. Accessory Uses & Structures Accessory uses and structures, including
garages, tool sheds, parking areas, recreational facilities and other uses that
are customary, secondary and incidental to any permitted principal use are
permitted in any district within which the principal use is permitted unless
otherwise restricted.
B. Noxious, Hazardous or Offensive
Uses No use that is noxious,
hazardous or offensive due to the emission or generation of measurable or
discernible levels of noise, smoke, odor, vibration, dust or gas shall be
permitted in any district.
C. Additional Requirements for RCA
districts The following use
restrictions apply only to the RCA districts.
1. Open space as required by Subdivision
Regulations is permitted, but no land area in these districts may be used to
satisfy minimum lot requirements.
2. Streets, roads and other accessways
and utility right-of-way easements, including power lines and pipelines if
essential to the productive use of land not in these districts are permitted,
if so located and constructed as to minimize the detrimental import of such
uses upon these districts and if a special exception therefore is granted by
the Board of Adjustment.
3. No residences of any kind and no
buildings or structures not necessary to the above uses are permitted.
4. No
loam, sand, rock, clay, gravel, fill or other soil shall be removed from these districts.
D. Additional Requirements for New and Used
(Retail) Auto Dealerships. New and used (retail) car dealerships shall
be permitted in Business Districts No. 3 and 4, and Business Districts No. 1
and 2 from the most southernly intersection of Pulpit Rock Road and Route 38 to
the intersections of Atwood Road and Old Bridge Street North (intersections
delineated on Town Zoning Map). No new
or used (retail) car dealership in the above cited permitted districts may be
located closer than two-thousand (2,000) linear feet of frontage between or
adjacent to any other new or used car dealership. For the purposes of this sub-section, “new or used (retail) auto
dealership” means that portion of a lot or structure devoted in whole or part
to:
1. The sale of two (2) or more used
automobiles;
2. The display of two (2) or more used
automobiles for the purpose of sale;
3. All new or used (retail) dealerships will
be in conformance with all applicable local and state regulations. [Added
by ballot ATM March 1998]
307-20 Sexually
Oriented Businesses
It is the purpose of this Article to
establish reasonable and uniform regulations to prevent the concentration of
sexually oriented businesses within the Town of Pelham; and, it is the intent
to promote the health, safety and general welfare of the citizens of the Town
of Pelham, and it is the intent of this Article that the regulations be
utilized to prevent problems of blight and deterioration which accompany and
are brought about by the concentration of sexually oriented businesses; and,
the provisions of this amendment have neither the purpose nor the effect of
this Article to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to their
intended markets; and neither is it the intent nor effect of this article to
condone or legitimize the distribution of obscene material.
307-21 Definitions
A sexually oriented business is any place
of business at which any of the following activities is conducted:
A. Adult Bookstore or Adult Video
Store: A business that devotes more
than 15% of the total display, shelf, rack, table, stand or floor area,
utilized for the display and sale of the following:
1. Books, magazines, periodicals, or
other printed matter, or photographs, films, motion pictures, video cassettes,
slides, tapes, records, CD-ROM’s or other forms of visual or audio representations
which meet the definition of "harmful to minors" and/or "sexual
conduct" as set forth in RSA 571-B:1; or,
2. Instruments, devices or paraphernalia
which are designed for use in connection with "sexual conduct" as
defined in RSA 571-B:1, other than birth control devices. An adult bookstore or adult video store does
not include an establishment that sells books or periodicals as an incidental
or accessory part of its principal stock and trade and does not devote more
than 15% of the total floor area of the establishment to the sale of books and
periodicals.
B. Adult Motion Picture Theater: An establishment with a capacity of five or
more persons, where for any form of consideration, films, motion pictures,
video cassettes, slides or similar photographic reproductions are shown, and in
which a substantial portion of the total presentation time is devoted to the
showing of material which meets the definition of "harmful to minors"
and/or "sexual conduct" as set forth in RSA 571-B:1, for observation
by patrons. For subsections C, D, E, F,
and G, a "substantial portion of the total presentation time shall mean
the presentation of films or shows described above for viewing on more than
seven days within any 56 consecutive day period.
C. Adult Motion Picture Arcade: Any place to which the public is permitted
or invited wherein coin or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show images to five or fewer persons
per machine at any one time, in which a substantial portion of the total
presentation time of the images so displayed is devoted to the showing of
material which means the definition of "harmful to minors" and/or
"sexual conduct" as set forth in RSA 571-B:1.
D. Adult Drive-In Theater: An open lot or part thereof, with
appurtenant facilities, devoted primarily to the presentation of motion
pictures, films, theatrical productions and other forms of visual productions,
for any form of consideration to persons in motor vehicles or on outdoor seats,
in which a substantial portion of the total presentation time being presented
for observation by patrons is devoted to the showing of material which meets
the definition of "harmful to minors" and/or "sexual conduct as
set forth in RSA 571-B;1."
E. Adult Cabaret: A nightclub, bar, restaurant, or similar
establishment which during a substantial portion of the total presentation time
features live performances which meet the definition of "harmful to
minors" and/or "sexual conduct" as set forth in RSA 571-B:1,
and/or feature films, motion pictures, video cassettes, slides or other
photographic reproductions, a substantial portion of the total presentation
time of which is devoted to showing of materials which meets the definition of
"harmful to minors" and/or "sexual conduct" as set forth in
RSA 571-B:1.
F. Adult Motel: A motel or similar establishment offering
public accommodations for any form of consideration which provides patrons with
closed circuit television transmissions, films, motion pictures, video
cassettes, slides or other photographic reproductions, a substantial portion of
the total presentation time of which are distinguished or characterized by an
emphasis upon the depiction or description of materials which meet the
definition of "harmful to minors" and/or "sexual conduct"
as set forth in RSA 571-B:1.
G. Adult Theater: A theater, concert hall, auditorium or
similar establishment either indoor or outdoor in nature, which, for any form
of consideration, regularly features live performances, a substantial portion
of the total presentation time of which are distinguished or characterized by
an emphasis on activities which meet the definition of "harmful to
minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
H. Nude Model Studio: A place where a person who appears in a
state of nudity or displays male genitals in a state of sexual arousal and/or
the vulva or more intimate parts of the female genitals and is observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted by
other persons who pay money or any form of consideration or such display is
characterized by an emphasis on activities which meets the definition of "harmful
to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
I. Sexual Encounter Center: A business or commercial enterprise that as
one of its primary business purposes, offers for any form of
consideration: (A) physical contact in
the form of wrestling or tumbling between persons of the opposite sex; or (B)
activities between male and female persons and/or persons of the same sex when
one or more persons is in the state of nudity; or where the activities in (A)
or (B) is characterized by an emphasis on activities which meets the definition
of "harmful to minors" and/or "sexual conduct" as set forth
in RSA 571-B:1.
307-22 Allowed
Locations and Location Restrictions of Sexually Oriented Businesses
Sexually Oriented Businesses, as defined
above shall be permitted only in the business and industrial districts provided
that all other regulations, requirements and restrictions for the zone in which
the sexually oriented business is to be located are met; and, no sexually
oriented business shall be permitted within 1000 feet of another existing
sexually oriented business or one for which a building permit has been applied
for; and,
no
sexually oriented business shall be permitted within 750 feet of any church,
place of worship, parish house, convent, public, parochial, or private school,
kindergarten, State approved day care center or public sports/recreation parks;
and no sexually oriented business shall be permitted within 750 feet of the
Town boundaries; and,
no
sexually oriented businesses shall be permitted within 1000 feet of another
existing sexually oriented business on the date of the passage of this
amendment; and,
no
sexually oriented business shall be permitted within a building, premise,
structure, or other facility that contains a sexually oriented business as
defined in paragraphs A through I above.
307-23 Measure
of Distance
The distance between any two sexually
oriented businesses shall be measured in a straight line, without regard to
intervening structures, from the closest exterior structural wall or temporary
or permanent physical divider between of each business.
307-24 Additional
Reasonable Regulations
The Planning Board is empowered hereunder
to review and approve permit applications for sexually oriented businesses and
impose reasonable restrictions for buffering, outdoor lighting, parking,
adequate ingress and egress from the site off of and onto public roads,
pedestrian movement, and to provide for appropriate landscaping and building
aesthetics in the "Site Plan Review Regulations of the Town of Pelham, New
Hampshire," and to avoid site development layout which may result in
negative environmental impacts.
307-25 Severability
The invalidity of any section or
provision of this Article shall not invalidate any other section of provision
thereof.
ARTICLE
VI
AQUIFER CONSERVATION
DISTRICT
[Added 3-12-85 by
ballot by the ATM, Art. 8]
307-26 Conflicting
Provisions
In cases of conflict between permitted
uses of this district and permitted uses defined elsewhere in this chapter (see
definitions section), the more restrictive use shall apply.
307-27 Permitted
Uses
Only the following uses are permitted in
the Aquifer Conservation Districts subject to all other pertinent Zoning
Ordinances of the Town of Pelham:
A. Industrial or business uses in the
Industrial District, which discharge no hazardous or toxic wastes on the site
and which uses are nonpolluting.
B. Business uses in the Business
District which discharge no hazardous or toxic wastes on the site and which
uses are nonpolluting.
C. Residential uses as permitted in the
Residential Districts.
D. All uses permitted in the Rural
District except junkyards, dumps, demolition disposal sites and sanitary
landfills.
E. All uses permitted in the
Recreation-Conservation-Agricultural Districts, provided that hazardous
materials are used in a safe and recommended manner.
F. Any activity designed for
conservation of soil, water, plants and wildlife.
G. Outdoor recreational activities
except those which destroy the surfaces of hillsides or other watershed areas.
H. Operation and maintenance of
existing bodies of water, wells, dams or other conservation devices.
I. Forestry uses, provided that the
land is returned to its natural state in order to prevent loss of topsoil or
erosion or alteration of the normal drainage patterns and flow.
307-28 Prohibited
Uses
Prohibited uses in the Aquifer
Conservation District include all other uses not permitted under this
section. Prohibited uses specifically
include:
A. Outdoor storage of road salt or
other piercing chemicals and dumping of snow containing road salt or other
piercing chemicals.
B. Solid and liquid waste disposal
sites, including but not limited to demolition sites and lagoons.
C. Septage disposal sites and lagoons.
D. Automotive service and repair shops,
junkyards, automotive junkyards and automotive salvage operations, as well as
any similar use which might potentially affect water quality.
E. On-site storage of hazardous waste
or toxic materials except temporarily as necessary in the ordinary course of
business. A permit from the Pelham
Planning Board is required for such temporary storage.
F. Subsurface storage of petroleum and
other refined petroleum products except with suitable secondary barriers and automatic
alarm systems.
G. Industrial uses which discharge
contact-type process waters on the site.
Noncontact cooling water is permitted.
H. Excavation of sand or gravel except
as such use is conducted in accordance with an approved earth-removal permit
being issued by the Pelham Planning Board.
I. Bulk storage of toxic material for
resale or distribution.
307-29 Waste
Water Disposal
Sanitary wastewater discharge to septic
and leaching systems shall conform to the regulations set forth in the Town of
Pelham health regulations.
307-30 Water
Supply and Wells
Monitoring wells shall be established for
all industrial and commercial uses utilizing or storing hazardous or toxic
materials. The number, construction and
location of these wells shall be determined by the Pelham Planning Board. The checking of wells shall take place on a
monthly basis by the Board of Health.
307-31 Potential
Contaminants
Use of pesticides, herbicides,
fertilizers, manure and other potentially dangerous leachables shall be
controlled in a manner determined by the Board of Health and in compliance with
RSA 149 D:222, and the New Hampshire Code of Administrative Rules. Storage of these materials shall not be
outdoors.
307-32 District
Boundaries
When the precise limits of the Aquifer
Conservation District are disputed by an owner or an abutter affected by this
section, the Planning Board, at the complainant's expense and authorization,
may engage a professional geologist or hydrogeologist to determine the precise
location of the Aquifer Conservation District boundaries on the properties
affected. A report of the findings
shall be submitted to the Pelham Planning Board and shall include but not be
limited to:
A. A revised Soil Map of the area in
question prepared by a soil scientist qualified in hydrologic studies along
with a written report of the on-site inspection and test-boring data.
B. The Planning Board shall define the
boundary of this district based on the evidence provided as set forth
above. The Planning Board shall reserve
the right to withhold action on any plan pending the results of an on-site
inspection by the Board or its appointed agent and shall act to approve or
disapprove the plan within ninety (90) days of submission or such further time
as deemed necessary, but not to exceed an additional ninety (90) days.
307-33 Planning
Board Review
All subdivision proposals and proposed
nonresidential site development within the Aquifer Conservation District shall
be reviewed by the Pelham Planning Board and shall conform to the provisions of
this chapter, Chapter 248, Site Plan Review; and Chapter 260, Subdivision of
Land of the Code of the Town of Pelham and further shall assure that:
A. All such proposals are consistent
with the need to protect the groundwater of the Town of Pelham and adjacent
communities.
B. All sanitary sewer systems are
designed to minimize or eliminate leakage or discharges from the system into
the groundwater.
C. On-site waste disposal systems are
located so as to avoid or minimize groundwater contamination.
D. Written approval by the Pelham
Planning Board or Board of Health and the State of New Hampshire Water Supply
and Pollution Control Commission has been obtained and granted for septic
design.
307-34 Enforcement
The Town Building Inspector and the Board
of Health shall be responsible for the enforcement of this section. The Building Inspector is authorized to
issue cease-and-desist orders wherever he becomes aware of violations of this
section.
307-35 Nonconformity
Nonconforming uses which exist at the
time of the adoption of this section may continue unless that use is found to
pose a direct hazard to the aquifer creating an imminent danger to the public
health, safety and welfare. An imminent
danger shall exist if any foreign substances (oils, salts, chemicals, hazardous
waste, toxic water, etc.) are being introduced into the aquifer. In such cases, the Building Inspector shall
issue an immediate cease-and-desist order to stop the offending activity. The offending use must be brought into
conformance with this section in a timely fashion as determined by the Board of
Health.
307-36 Guidelines
for Enforcement
The Board of Selectmen, the Board of
Health, the Planning Board, the Board of Adjustment and the Building Inspector,
when enforcing and administering this section, shall be guided by the
following: The Town of Pelham believes
that an adequate water supply is indispensable to the health, welfare and
safety of its citizens now and in future years. As adequate supply is seen as essential to the maintenance of the
ecological balance of the natural environment of the town. In order to protect this delicate
environment which is subject to an ever increasing demand for new and competing
uses, the town declares and determines that such water resources, whether
occurring above or below ground, constitutes a precious, finite and invaluable
public resource. These resources must
be protected, conserved and managed in the interest of present and future
generations. The intent of this section
is to provide for the protection of the water resources from contamination.
ARTICLE VII
WETLANDS CONSERVATION
DISTRICT
307-37 Purpose
and Intent
The purpose of this Ordinance is to
protect the public health, safety and general welfare by controlling and
guiding the use of land areas which have been found to be subjected to high
water tables for extended periods of time.
It is intended that this Ordinance shall:
A. Prevent the development of
structures and land uses on naturally occurring or compensatory wetlands which
will contribute to pollution of surface and ground water by sewage or toxic
substances.
B. Prevent the destruction of, or
significant changes to, natural or compensatory wetlands which provide flood
protection.
C. Protect unique and unusual natural
areas.
D. Protect wildlife habitats and
maintain ecological balances.
E. Protect potential water supplies
and existing aquifers (water bearing stratum) and aquifer recharge areas.
F. Prevent expenditure of municipal
funds for the purpose of providing and/or maintaining essential services and
utilities which might be required as a result of misuse or abuse of wetlands.
G. Encourage those low-intensity uses
that can be harmoniously, appropriately and safely located in wetlands.
The
Wetlands Conservation District is an overlay district which is hereby
determined to be wetland areas of 2,000 square feet or more in size, or of any
size if contiguous to surface waters such as lakes, ponds and streams,
subjected to high water tables for extended periods of time, and all areas
within fifty (50) feet of the edge of any wetlands, perennial stream or surface
water body. [Amended March 1994 by ATM]
307-38 Wetlands
Incorrectly Delineated
Where it is alleged that an area has been
incorrectly delineated as a wetland, or that an area not so designated meets
the criteria for wetlands designation, the soil scientist shall determine
whether the area has been correctly delineated.
The Conservation Commission shall make
their judgment under this section only upon the determination by a qualified
soil scientist(s) and/or plant scientist(s) suitable research, that the
information contained on the Wetlands Map is incorrect. This evidence shall be acceptable only when
presented in written form by said scientist(s) to the Conservation
Commission. Any necessary soil testing
procedures shall be conducted at the expense of the landowner or developer.
Once an area has been determined to be a
wetland under this section that area shall become part of the Wetland
Conservation District.
307-39 Permitted
Uses
Permitted uses are those specific uses
which will not require the erection or construction of any structures or
buildings, will not result in a major alteration of the natural surface configuration
by the addition of fill or by dredging and uses that otherwise are permitted by
this zoning ordinance.
Permitted uses are specifically
restricted to the following:
A. forestry-tree farming, using best
management practices in order to protect streams from damage and to prevent
sedimentation, excluding access roads across wetlands and streams;
B. the cultivation and harvesting of
crops according to recognized soil conservation practices;
C. wildlife refuges;
D. parks and recreation uses consistent
with the purpose and intent of this ordinance;
E. conservation areas and nature trails;
F. open spaces as permitted or required
by the subdivision regulations or the zoning ordinance.
307-40 Special
Permit
A. Special permit may be granted by the
Planning Board, after proper public notice and public hearing, for undertaking
the following uses in the Wetlands Conservation District when the application
has been referred to the Conservation Commission, Licensed N.H. Soil Scientist,
and to the Health Officer for review and comment at least twenty (20) days
prior to the hearing.
1. Streets, roads and other access ways and
utility right-of-way easements, including power lines and pipe lines, if
essential to the productive use of land not so zoned and if so located and
constructed as to minimize any detrimental impact of such uses upon the
wetland.
2. Water impoundment’s for fire protection
or drainage.
B. Special permit for uses within the
Wetlands Conservation District may be granted provided that the following
conditions are met, the burden of proof for which shall be upon the applicant
who shall furnish such engineering and hydrological data as is reasonably
necessary;
1. that the proposed use, construction
and/or alteration shall be constructed in such a way that does not unduly
restrict the flow of water.
2. that favorable written comment is
provided from the Conservation Commission, and if deemed necessary by the
Conservation Commission, written comment from the Hillsborough County Soil Conservation
Service and/or the New Hampshire Wetlands Board.
307-41 Special
Provisions [Amended ATM 1991], [Amended ATM 1999]
A. Residential
and commercial septic leachfields must be setback from Wetland Conservation
District areas the following distances:
1. Poorly Drained Soils - 25 feet
2. Very Poorly Drained Soils - 50 feet
3. Ponds, streams and year-round brooks - 75
feet
B. No building or structure may be
located within a Wetland Conservation District area.
307-42 Relation
to Other Districts
Where the Wetlands Conservation District
is superimposed over another zoning district, the more restrictive regulations
shall apply.
307-43 Separability
If any section, provision, portion,
clause or phrase of this ordinance shall be held to be invalid or unconstitutional
by any court or competent authority, such holding shall not affect, impair or
invalidate any other section, provision, clause or phrase of this ordinance.
307-44 Conflict
with other Regulations
Where any provision of this ordinance is
in conflict with State law or other local ordinance, the more stringent
provision shall apply.
ARTICLE VIII
FLOODPLAIN DEVELOPMENT
ORDINANCE
307-45 Purpose
This Ordinance, adopted pursuant to the
authority of RSA 674:16, shall be known as the Town of Pelham Floodplain
Development Ordinance. The regulations
in the Town of Pelham Zoning Ordinance, shall be considered part of the Zoning
Ordinance for the purposes of administration and appeals under state law. If any provision of this Ordinance differs
or appears to conflict with any provision of the Zoning Ordinance or other
ordinance or regulation, the provision imposing the greater restriction or more
stringent standard shall be controlling.
The following regulations in this
Ordinance shall apply to all lands designated as special flood hazard areas by
the Federal Emergency Management Agency (FEMA) in its Flood Insurance Rate maps
dated March 14, 1980, which are declared to be a part of this Ordinance and are
hereby incorporated by reference.
307-46 Definitions
The following definitions shall apply
only to this Floodplain Development Ordinance, and shall not be affected by the
provisions of any other ordinance of the Town of Pelham.
A. Area of Special Flood Hazard: is the land in the floodplain within the
Town of Pelham subject to a one percent or greater possibility of flooding in
any given year. The area is designated
as Zone A on the FHBM and is designated on the FIRM as Zone A.
B. Base Flood: the flood having a one percent possibility
of being equaled or exceeded in any given year.
C. Basement: any area of a building having its floor
subgrade on all sides.
D. Building: see "structure".
E. Development: any man-made change to improved or
unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, or drilling
operation.
F. FEMA: the Federal Emergency Management Agency.
G. Flood or Flooding: a general and temporary condition of partial
or complete inundation of normally dry land areas from:
1. the overflow of inland or tidal waters or
2. the unusual and rapid accumulation or
runoff of surface waters from any source.
H Flood
Insurance Rate Map (FIRM): an
official map incorporated with this Ordinance, on which FEMA has delineated
both the special flood hazard areas and the risk premium zones applicable to
the Town of Pelham.
I. Floodplain or Flood-prone
area: any land areas susceptible to
being inundated by water from any source (see definition of "Flooding").
J. Flood proofing: any combination of structural and
on-structural additions, changes, or adjustments to structures which reduce or
eliminate flood damage to real estate or improved real property, water and
sanitation facilities, structures and their contents.
K. Floodway: see "Regulatory Floodway".
L. Functionally dependent use: a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes only docking and port
facilities that are necessary for the loading/unloading of cargo or passengers,
and ship building/repair facilities but does not include long term storage or
related manufacturing facilities.
M. Highest adjacent grade: the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
N. Historic Structure: any structure that is:
1. Listed individually in the National
Register of Historic Places (a listing maintained by the Department of the
Interior) or primarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
2. Certified or primarily determined by the
Secretary of the Interior as contributing to the historical significance of a
registered historic district or a district primarily determined by the
Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory
of historic places in states with historic preservation programs which have
been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory
of historic places in communities with historic preservation programs that have
been certified either:
a. By an approved state program as determined
by the Secretary of the Interior, or
b. Directly by the Secretary of the Interior
in states without approved programs.
O. Lowest Floor: the lowest floor of the lowest enclosed area
(including basement). An unfinished or
flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a
building's lowest floor; provided, that such an enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements
of this Ordinance.
P. Manufactured Home: a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when connected to the required utilities. For floodplain management purposes the term
"Manufactured home" includes park trailers, travel trailers, and
other similar vehicles placed on site for greater than 180 days.
Q. Mean sea level: the National Geodetic Vertical Datum (NGVD)
of 1929 or other datum, to which base flood elevations shown on a community's
Flood Insurance Rate Map are referenced.
R. 100-year Flood: see "Base Flood".
S. Recreational Vehicle: a vehicle which is
1.
built on a
single chassis;
2.
400 square
feet or less when measured at the largest horizontal protection;
3.
designed to
be self propelled or permanently towable by a light duty truck; and
4.
designed
primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel or seasonal use.
T. Regulatory floodway: the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the
base flood without increasing the water surface elevation. These areas are designated as floodways on
the Flood Boundary and Floodway Map.
U. Special flood hazard area: an area having flood, mudslide, and/or
flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO,
A1-30, AE, A99, AH, VO, V1-30, VE, V, M, or E. (See "Area of Special Flood
Hazard".)
V. Structure: for floodplain management purposes, a walled
and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
W. Start of Construction: includes substantial improvements, and means
the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, placement or other improvement was within
180 days of the permit date. The actual
start means either the first placement of permanent construction of a structure
on site, such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation; or the
placement of manufactured home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and/or walkways; nor does it include excavation for a
basement, footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or part of the main
structure.
X. Substantial damage: damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before damaged
condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Y. Substantial Improvement: any combination of repairs, reconstruction,
alteration, or improvements to a structure in which the cumulative cost equals
or exceeds fifty percent of the market value of the structure. The market value of the structure should
equal:
1. the appraised value prior to the
start of initial repair or improvement, or
2. in the case of damage, the value of
the structure prior to the damage occurring.
For
the purposes of this definition, "substantial improvement": is
considered to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. This term includes structures which have incurred substantial
damage, regardless of actual repair work performed. The term does not, however, include any project for improvement
of a structure required to comply with existing health, sanitary, or safety
code specifications which are solely necessary to assure safe living conditions
or any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation as a
"historic structure".
Z. Water surface elevation: the height, in relation to the National
Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of
floods of various magnitudes and frequencies in the floodplains.
307-47 Administration
A. The Building Inspector shall review
all building permit applications for new construction or substantial
improvements to determine whether proposed building sites will be reasonably
safe from flooding. If a proposed
building site is located in a special flood hazard area, all new construction
or substantial improvements shall:
1. be designed (or modified) adequately
anchored to prevent floatation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
2. be constructed with materials resistant
to flood damage;
3. be constructed by methods and practices
that minimize flood damages;
4. be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment, and other service
facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
B. Where new or replacement water and
sewer systems (including on-site systems) are proposed in a special flood
hazard area the applicant shall provide the Building Inspector with assurance
that these systems will be designed to minimize or eliminate the infiltration
of flood waters into the systems and discharges from the systems into flood
waters, and on-site waste disposal systems will be located to avoid impairment
to them or contamination from them during periods of flooding.
C. For all new or substantially
improved structures located in special flood hazard areas, the applicant shall
furnish the following information to the Building Inspector:
1. the as-built elevation (in relation to
NGVD) of the lowest floor (including basement)
and
include whether or not such structures contain a basement.
2. If the structure has been flood proofed,
the as-built elevation (in relation to NGVD) to which the structure was flood
proofed.
3. Any certification of flood proofing.
The
Building Inspector shall maintain for public inspection, and shall furnish such
information upon request.
D. The Building Inspector shall not
grant a building permit until the applicant certifies that all necessary
permits have been received from those government agencies from which approval
is required by federal or state law, including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
E. In riverine situations, prior to
the alteration or relocation of a watercourse the applicant for such
authorization shall notify the Wetlands Board of the New Hampshire Department
of Environmental Services and submit copies of such notification to the
Building Inspector, in addition to the copies required by the RSA
483-a:1-b. Further, the applicant shall
be required to submit copies of said notification to those adjacent communities
as determined by the Building Inspector, including notice of all scheduled
hearings before the Wetlands Board and local wetland hearings.
The
applicant shall submit to the Building Inspector, certification provided by a
registered professional engineer, assuring that the flood carrying capacity of
an altered or relocated watercourse can and will be maintained.
The
Building Inspector shall obtain, review, and reasonably utilize any floodway
data available from Federal, State, or other sources as criteria for requiring
that all development in located Zone A meet the following floodway requirement:
"No
encroachments, including fill, new construction, substantial improvements, and
other development are allowed within the floodway that would result in any
increase in flood levels within the community during the base flood
discharge."
F. In unnumbered A zones the Building
Inspector shall obtain, review, and reasonably utilize any 100 year flood
elevation data available from any federal, state or other source including data
submitted for development proposals submitted to the community (i.e.,
subdivisions, site approvals).
The
Building Inspector's 100 year flood elevation determination will be used as
criteria for requiring in Zone A that:
1. all new construction or substantial
improvement of residential structures have the lowest floor (including
basement) elevated to or above the 100 year flood elevation;
2. that all new construction or substantial
improvements of non-residential structures have the lowest floor (including
basement) elevated to or above the 100 year flood level; or together with attendant utility and
sanitary facilities, shall: (a) be floodproofed
so that below the 100 year flood elevation the structure is watertight with walls substantially impermeable to
the passage or water; (b) have
structural components capable of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and (c) be certified by a registered professional
engineer or architect that the
design and methods of construction are in accordance with accepted standards of practice for
meeting the provisions of this section;
3. all manufactured homes to be placed
or substantially improved within special flood hazard areas shall be elevated
on a permanent foundation such that the lowest floor of the manufactured home
is at or above the 100 year flood elevation; and be securely anchored to resist
floatation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of
over-the-top or frame ties to ground anchors.
This requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces;
4. for all new construction and
substantial improvements, fully enclosed areas below the lowest floor that are
subject to flooding are permitted provided they meet the following
requirements: (a) the enclosed area is
unfinished or flood resistant, usable solely for the parking of vehicles,
building access or storage; (b) the area is not a basement; (c) shall be
designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or must meet or exceed the
following minimum criteria: A minimum
of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no
higher than one foot above grade.
Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of floodwater;
5. Recreational vehicles placed on sites
within Zones A1-30, AH, and AE shall either (a) be on the site for fewer than
180 consecutive days; (b) be fully licensed and ready for highway use, or (c)
meet all standards of Section 60.3 (b) (1) of the National Flood Insurance
Program Regulations and the elevation and anchoring requirements for
"manufactured homes" in paragraph (c) (6) of Section 60.3.
307-48 Variances
and Appeals
A. Any order, requirement, decision or
determination of the Building Inspector made under this Ordinance may be
appealed to the Zoning Board of Adjustment as set forth in RSA 676:5.
B. If the applicant, upon appeal,
requests a variance as authorized by RSA 674:33, I9b), the applicant shall have
the burden of showing in addition to the usual variance standards under state
law:
1. that the variance will not result in
increased flood heights, additional threats to public safety, or extraordinary
public expense;
2. that if the requested variance is for
activity within a designated regulatory floodway, no increase in flood levels
during the base flood discharge will result;
3. that the variance is necessary,
considering the flood hazard, to afford relief.
C. The Zoning Board of Adjustment shall
notify the applicant in writing that:
1. the issuance of a variance to
construct below the base flood level will result in as high as $25 for $100 of
insurance coverage; and
