Zoning Ordinance Revised 2007

ARTICLE II<= /b>

DEFINITIONS

[Amended 1-5-60 by ballot by = an STM, Art 1; Amended 6-20-73 by ballot by an STM, Art. 1; Amended by ballot = ATM March, 1991; Amended by ballot ATM March, 1998; Amended by ballot March, 19= 99; Added 3-14-06 ATM by ballot, Art. 2]

&nb= sp;

307-5   &= nbsp; Word Usage and Interpretation

&nb= sp;

For the purposes of this Ordinance, certain words, terms or phrases shall bear the meaning given herein unless the context clearly indicates otherwise; and:

&nb= sp;     A.   words in the present tense in= clude the future;

&nb= sp;     B.   the singular includes the plu= ral and the plural includes the singular;

      C.   terms and words not defined i= n this article but defined in the building code shall have the meanings given ther= ein; and

&nb= sp;

      D.   terms and words not defined i= n 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 foll= owing words have the following meanings for the purposes of this Ordinance.<= /o:p>

&nb= sp;

      1.   Aquifer: r= efers 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 f= orm a structure for the shelter of persons, animals or property.

      3.   Building, Accessory: a detached building, the use of whi= ch 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, unenclo= sed porches, bay windows, balconies and terraces, expressed as a percentage of = the total lot area.

      5.   Building, Attached:&nbs= p; a building having any portion of one (1) or more walls in common with adjoining buildings.

      6.   Building, Detached:&nbs= p; a building not sharing any walls or portions of any walls with adjoi= ning 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]

&nb= sp;

      8.   Building, Principal:&nb= sp; a building in which is conducted the principal use of the lot on whi= ch it is located.

&nb= sp;

      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.=

&nb= sp;

      10. Frontage: the length of the lot bordering on= the public right-of-way and serves as the access to the lot.<= /p>
&nb= sp;

      11. High-Intensity Soil Survey (HISS): a= soils map of a parcel of land being considered for development on a perimeter sur= vey, with a scale of one (1) inch equals fifty (50) feet, where soils are identi= fied and mapped in accordance with the high-intensity soils mapping standards as adopted by the Hillsborough County Conservation District.=

&nb= sp;

      12. Home Occupation: an occupa= tion 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.

&nb= sp;

      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 t= he household of the bona fide resident of any property. [Added 1-5-60 by ballot by an STM, Art 1]

&nb= sp;

      14. Impact Fee: Under RSA 674:21= V. a fee or assessment imposed upon a development, including subdivision of land, building construction or other land use activity, in order to help meet fut= ure needs that will be impacted by the development. Impact Fees are recommended= by the CIP, approved by the Planning Board and established by the Board of Selectmen. [Added 3-14-06 ATM by ballot, Art. 2] The full Impact Fee enabling Ordina= nce is a stand alone document available from the Planning Department.

&nb= sp;

      15. Junk: any old discarded metal, glass, pa= per, rubber, textiles, rubbish, trash or junked, dismantled, or wrecked motor ve= hicles or motor vehicle parts.

&nb= sp;

      16. Junk Yard: an establishment or place of business which is used for stori= ng, buying or selling junk but not including approved solid waste disposal facilities or registered motor vehicle dealerships.

&nb= sp;

      17. 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 lon= ger fit for legal use on public highways or any combination of motor vehicle pa= rts or materials, the sum of which is equal to or greater than two (2) or more motor vehicles.

&nb= sp;

      18. Manufactured Housing: any structure transportable in one or more sections, which, in the traveling mode, is eig= ht (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 dwel= ling 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.

&nb= sp;

      19. = ; 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.

&nb= sp;

      20. Permanent Residents: a family s= hall be considered “permanent residents” when they have used any building continuously as a residence for a period of six (6) months or more= .&nb= sp; [Added 1-5-60 by ballot by a STM, Art. 1]

&nb= sp;

      21. 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 inc= lude manufactured housing as defined in subsection P above.

&nb= sp;

22.   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-ways̶= 1;.

&nb= sp;

23. Site Specific Soil Maps for New Hampshire and= Vermont, SSSNNE = Special Publication No.

    = 3, June 1997: the most c= urrent standards for site specific soil mapping in accordance with the standards of the National Cooperative Soil Survey and are consistent with the       requirement= s of RSA 485-A, and NH Code of Administrative Rules ENV-Ws 1000. [Added by ballot March 99]

&nb= sp;

24. Use, Accessory: a use seco= ndary and subordinate to the principal use of a structure or lot.

&nb= sp;

25. = ; Wetland: a wetland is an area that is inund= ated or saturated by surface or ground water at a frequency and duration suffici= ent 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 ar= e not limited to, swamps, marshes, bogs, and similar areas. Wetlands shall be delineated by either a certified soil scientist or a professional wetland s= cientist according to the Corps of Engineers Wetlands Delineation Manual, 1987, and = the         &= nbsp; Regional Field Indicators for Identifying Hydric Soils in New England, 1995. [Amended by ballot ATM March 1998]

      26. Yard, Front: a space extend= ing for the full width of a lot between the extreme front line of a building and the nearest side of the right-of-way.

      27. Yard, Rear: the distance fr= om the extreme rear of any building to the nearest point on any rear lot line.

      28. Yard, Side: the distance fr= om the extreme side of any building to the nearest point on any side lot line.

&nb= sp;

ARTICLE III=

GENERAL PROVISIONS=

[Amended 1-5-60 by ballot by an STM, Art.1; Amended 3-14-61 by ballot by the ATM, Ar= t. 15; 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 ballo= t by the ATM, Art. 5]

=

307-7   &= nbsp; Conformity Required

&nb= sp;

No build= ing or land shall hereafter be used or occupied and no building or part thereof sh= all be erected, moved or altered unless in conformity with the regulations specified in this Ordinance for the district in which it is located.

&nb= sp;

= 307-8   &= nbsp; Nonconforming Uses

Any nonc= onforming use may continue in its present use except that any nonconforming use of la= nd or buildings may not be:

&nb= sp;

    = A.   Changed to another nonconform= ing use.

    = B.   Re-established after disconti= nuance for one (1) year, except to a conforming use.

    = C.   Extended.

    = D.   Rebuilt after damage exceeding fifty percent (50%) of its value.

&nb= sp;

= 307-9   &= nbsp; Number of buildings for dwellings per lot. [Added 3-14-61 by ballot by the ATM, Art. 15]

&nb= sp;

There sh= all be constructed on each lot not more than one (1) building for dwelling purpose= s.

&nb= sp;

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 th= an land used for one- and two-family dwellings, shall provide for adequate pav= ed 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 regul= ations 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 constructi= on.

      C.   Driveway permits shall be obt= ained from the Planning Board or its designated agent for all new or relocation driveways that enter onto Class V or Class VI streets.

&nb= sp;

307-11 Ruins to be removed [Added 1-5-60 by ballot by an STM, Art.1]

&nb= sp;

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.

&nb= sp;

307-12 Dimensional Requirements=

&nb= sp;

The following dimensional requirements apply to all buildings related or accessory to the uses identified in Table 1, unless otherwise indicated, except that:

&nb= sp;

      A.   All buildings for uses not indicated in Table 1, below, that are located within the residential distri= ct 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 sh= all conform to the minimum requirements for commercial uses;<= /p>

      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 minimu= m of thirty (30) feet to the front yard and fifteen (15) feet to the side and re= ar 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.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Arial;mso-b= idi-font-family: "Times New Roman"'>TABLE 1 - Table of Dimensional Requirements= [Amended 3-29-06 to include Senior and Elderly housing requirements and setbacks for properties abutting cemeteries per NH RSAs]

&nb= sp;

&= nbsp;

Minimum Lo= t Size

&= nbsp;

&= nbsp;

&= nbsp;

Building Setbacks

&= nbsp;

&= nbsp;

(sq. ft.)

Frontage

Front

Side

Rear

Single= -Family Dwelling

43,560=

200'

30'

15'***= *

15'***= *

Two-Fa= mily Dwelling

87,120=

200'

30'

15'***= *

15'***= *

Multi-= Family Dwelling

130,68= 0*

200'

40'**<= o:p>

30'**<= o:p>

30'**<= o:p>

Senior= & Elderly Developments

217,80= 0***

200= 217;

30R= 17;

30R= 17;

30R= 17;

Commer= cial Uses

60,000=

200'

40'**<= o:p>

30'**<= o:p>

30'**<= o:p>

Indust= rial Uses

87,120=

200'

40'**<= o:p>

30'**<= o:p>

30'**<= o:p>

&nb= sp;

*    = ;        Multi-family dwellings shall have an additional 10,000 sq. ft. of lot area for each bedr= oom in excess of ten.

**        &= nbsp; 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 n= ot less than three (3) times the height of the building, but not less than for= ty (40) feet for all buildings other than single- or two-family dwellings, the= re 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.<= /o:p>

***         = Senior & Elderly Housing developments must have at least five (5) acres of con= tiguous, non-wetland area.

****       NH R= SA 289:3 stipulates that setbacks from structures/excavation to cemetery boundaries shall be a minimum of 25 feet because Pelham’s zoning does= not specify setbacks to cemeteries.

&nb= sp;

307-13   = Additional Lot Size and Street Access Requirements =

[Added 3-4-75 by ballot by the ATM, Art. 4; amended 3/95 ATM; Amended March 8, 2005 ATM; Amended March 13, 2007 ATM, Art. 2]

The inte= nt is to provide for an area that accommodates the building site including all utilities, water supply, sewage disposal for on-site septic tanks and leach fields, drainage retention, slope stabilization and safe lot access. This r= ea shall include both a primary and an alternate leach field location. = [Amended ATM March 13, 2007]<= o:p>

&nb= sp;

A.   Lot Size requi= rements

In addition to meeting the minimum lot size Area Requirements of Section 307-12 of the Pelham Zoning Ordinance, every new single-family lot approved by the Planning Board, after the effective date of this amendment, shall contain a 35,= 000 contiguous square feet non-wetland area. Every new two-family lot approved = by the Planning Board, after the effe= ctive date of this amendment, shall contain 55,000 contiguous square feet of non-wetland area. WCD set back areas may be counted in the computation of t= he 35,000 and 55,000 square feet requirements. The following land shall not be counted in the computation of the required minimum 35,000 and 55,000 contiguous square feet non-wetland area requirements: [Amended ATM March 13, 2007]=

1. Land areas containing poorly or very poorly drained soils as defined by the Site Specific Soils Mapping Standards for New Hampshire and Vermont or such subsequent version as adopted by the Planning Board. [Amended ATM March 13, 2007]<= o:p>

2. Land areas having a pre-existing naturally occurring slope in excess of twenty percent (20%). [Amended ATM March 13, 2007]

3. Land areas located = within Recreation, Conservation and Agricultural Districts. [Amended ATM March 13, 2007]

4. Land areas located outside the geographic boundaries of the Town of Pelham. [Amended ATM March 13, 2007]

5. Land areas that wou= ld be flooded by the 100 year flood as defined by Food Insurance Maps prepared by= the Federal Flood Insurance Administration. [Added by ballot = ATM March 13, 2007]

6. Land areas located = within any high-tension electricity or high-pressure gas utility line easement (ar= eas located on opposite sides of any high- tension electrical easement shall no= t be considered contiguous for the purposes of this section). [Added by ballot ATM March 13, 2007]

7. Land areas wherein = ledge and bedrock are not covered with a minimum of at least two feet of pre-exis= ting naturally occurring non-wetland soils (soils not classified as poorly drain= ed or very poorly drained soils as defined by Site Specific Soils Mapping Standards for New Hampshire and Vermont) unless contradicting evidence is provided by the engineer. This 2 foot requirement is intended to minimize erosion and land slides by absorbing and slowing runoff. [Added by ballot ATM March 13, 2007]

=

B. Street Access Requirements: [Added by ballot ATM March 13, = 2007]

1.      = All one and two family lots approved by the Pel= ham Planning Board, after the effectiv= e date of this amendment, must have 200 continuous feet of frontage on either a State of New Hampshire maintained highway or a Town of Pelham Class V or hi= gher street(s) that was in existence on March 14, 2007, or on a new street(s) approved by the Planning Board and accepted by the Town of Pelham after Mar= ch 13, 2007, but only if the new street(s) is directly accessible to police, fire, medical emergency and school transportation vehicles, without those vehicles first having to leave the corporate limits of the Town of Pelham.

2.      = The Planning Board shall not approve any new subdivision street or any senior or elderly housing complex driveway, if the new street or driveway would not be directly accessible to police, fire, medical emergency or school transportation vehicles without those vehicles first having to leave the corporate limits of the Town of Pelham.

C. Application: [Added by ballot ATM March 13, 2007]

The changes to the Pelham Zoning Ordinance approved by the 2007 Annu= al Town Meeting Hall only apply to new lots approved by the Planning Board aft= er the statutory effective date of the changes.

307-14      Frontage= [Amended March 9, 2004 ATM]

&nb= sp;

All lots, except those for the use of industrial buildings, shall have at least two hundred (200) feet of contiguous frontage on a public right-of-way. Lots for the use of industrial bui= ldings 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 priva= tely owned right-of way.

ARTICLE IV<= /b>

ESTABLISHM= ENT OF DISTRICTS

307-15    Districts Designated

&nb= sp;

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.

&nb= sp;

      = A.   Ge= neral Districts

&nb= sp;

&nb= sp;     Full District Name    =             &nb= sp;            =                &= nbsp;           &nbs= p;            &= nbsp;        Short District Name

&nb= sp;

&nb= sp;     Residential District............................= ............................................................... R

&nb= sp;     Business District No. One....................= ............................................................. B-1

&nb= sp;     Business District No. Two....................= ............................................................. B-2

&nb= sp;     Business District No. Three..................= ............................................................. B-3

&nb= sp;     Business District No. Four...................= ............................................................. B-4

&nb= sp;     Industrial District No. One....................= ............................................................. I-1

&nb= sp;     Industrial District No. Two....................= ............................................................. I-2

&nb= sp;     Industrial District No. Three..................= ............................................................. I-3

&nb= sp;     Rural..........................................= ...................................................................... Ru

&nb= sp;     Recreation-Conservation-Agricultural Districts...........................= ......................... RCA

    = B.   Ov= erlay Districts

    = Full District Name    =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            Short District Name

&nb= sp;

      Aquifer Conservation District...............= ............................................................. ACD

      Wetlands Conservation District...............= .......................................................... WCD

      Floodplain Conservation District...............= ........................................................ FCD

&nb= sp;

= 307-16   = Districts Defined

&nb= sp;

      A.   Residential --- (R): The R district is established to p= rovide for the development of single and two-family (duplex) residences and custom= ary 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 distric= ts 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 &= amp; 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 pro= vide 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-Ag= ricultural (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, recreat= ion and conservation.

    =

      F.   Aquifer Conservation Distr= ict (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 Di= strict (FCD): The FCD is an overlay district intended to minimize the dangers = of flooding to life and property by strictly limiting and controlling developm= ent within designated floodplain areas.

= 307-17   = Zoning District Boundaries

&nb= sp;

Where appropriate and unless otherwise indicated, zoning district boundaries show= n 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 w= ithin ten (10) feet of a property line is considered to coincide with such proper= ty line. Where no distance is st= ated on the Zoning map, the distance is be determined by the scale on the Map. In any instance where there is dou= bt 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.

&nb= sp;

ARTICLE V

PERMITTED USES

[Amended by ballot ATM March 1999; Amended by ballot ATM 3-14-06; Amended by ballot ATM 3-13-07, Art. 3]=

307-18   = Principal Permitted Uses

&nb= sp;

Only the following principal uses are permitted.&nb= sp;

&nb= sp;

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Arial;mso-b= idi-font-family: "Times New Roman"'>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

Truck Trailers or Container pods [Adde= d by ballot ATM March 13, 2007]

P

P

Automotive Repair Facilities [Added by ball= ot ATM March 13, 2007]

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<= /o:p>

P

P

P

Light industry & manufacturing

P

Warehousing

P

Private Utility Structures; i.e. windmills, watermills, free-standing solar collectors, etc. that generate power for use on same site [Added 3-14-06 by ballot at ATM, Ar= t. 3]

P**

P**

P**

P**

P**

Junkyards and solid waste disposal facilities

S

P    =3D    Permitted Use

P* =3D=     Permitted Use as defined and delineated in Section 307-19D, and reflected in the Town Zoning Map.

P** =3D    Permitted with Planning= Board Site Plan Approval, all applicable safety inspections as deemed appropriate= by the Planning Board and proper licensing by applicable state and federal agencies [Added 3-14-06 ATM, Art. = 3]

S    =3D    Permitted by special exception only=

S* =3D=     as defined by RSA 72:23-a, tax exempt veterans organizations by special except= ion in the Residential District.

307-19   = Permitted Uses -- Special Conditions

&nb= sp;

      A.   Accessory Uses & Struc= tures 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 wit= hin which the principal use is permitted unless otherwise restricted.

      B.   Noxious, Hazardous or Offe= nsive Uses No use that is noxio= us, 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 fo= r RCA Districts The following use restrictions apply only to the RCA districts.<= /span>

&nb= sp;

1.   Open space as required by Subdivision Regulations is permitted, but no land area in these districts may be used to satisfy minim= um 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 struct= ures not necessary to the above uses are permitted.

4.    &= nbsp; No loam,= sand, rock, clay, gravel, fill or other soil shall be removed from these district= s.

D.    Addition= al Requirements for New and Used (Retail) Auto Dealerships. New and used (retail) car dealersh= ips 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 3= 8 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-secti= on, “new or used (retail) auto dealership” means that portion of a = lot or structure devoted in whole or part to:&n= bsp;



1.    &= nbsp; The sale= of two (2) or more used automobiles;

&nb= sp;

2.    &= nbsp; The disp= lay of two (2) or more used automobiles for the purpose of sale;=

&nb= sp;

3. &= nbsp;    All new or used (retail) dealerships will be in conforma= nce with all applicable local and state regulations. [Added by ballot ATM March 1998]

&nb= sp;

&nb= sp;

&nb= sp;

&nb= sp;

&nb= sp;

=

307-20   = Sexually Oriented Businesses

    =          <= /b>

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 wel= fare 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 acce= ss 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

&nb= sp;

A sexual= ly oriented business is any place of business at which any of the following activities is conducted:

&nb= sp;

A.&= nbsp; Adult Bookstore or Adult Video Store: A business that devotes more than 15% of the total display, shelf, r= ack, table, stand or floor area, utilized for the display and sale of the follow= ing:

1.   Books, magazines, periodicals, or other printed matt= er, or photographs, films, motion pictures, video cassettes, slides, tapes, records, CD-ROM’s or other forms of visual or audio representations w= hich 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 desi= gned 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.&= nbsp; 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 t= he definition of "harmful to minors" and/or "sexual conduct&quo= t; 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 sev= en days within any 56 consecutive day period.

C.&= nbsp; Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug-oper= ated or electronically, electrically or mechanically controlled still or motion = picture machines, projectors, or other image-producing devices are maintained to sh= ow 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 display= ed is devoted to the showing of material which means the definition of "harmful to minors" and/or "sexual conduct" as set fort= h in RSA 571-B:1.

&nb= sp;

D.&= nbsp; 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 fo= rms 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&q= uot; and/or "sexual conduct as set forth in RSA 571-B;1."

E.&= nbsp; 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 definitio= n of "harmful to minors" and/or "sexual conduct" as set fort= h 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 t= he definition of "harmful to minors" and/or "sexual conduct&quo= t; as set forth in RSA 571-B:1.

F.&= nbsp; 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 reproduction= s, a substantial portion of the total presentation time of which are distinguish= ed or characterized by an emphasis upon the depiction or description of materi= als which meet the definition of "harmful to minors" and/or "sex= ual conduct" as set forth in RSA 571-B:1.

G.&= nbsp; Adult Theater: A theater, conce= rt hall, auditorium or similar establishment either indoor or outdoor in natur= e, which, for any form of consideration, regularly features live performances,= a substantial portion of the total presentation time of which are distinguish= ed or characterized by an emphasis on activities which meet the definition of "harmful to minors" and/or "sexual conduct" as set fort= h in RSA 571-B: 1.

H.&= nbsp; Nude Model Studio: A place whe= re a person who appears in a state of nudity or displays male genitals in a stat= e of sexual arousal and/or the vulva or more intimate parts of the female genita= ls and is observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of considerat= ion or such display is characterized by an emphasis on activities which meets t= he definition of "harmful to minors" and/or "sexual conduct&quo= t; as set forth in RSA 571-B:1.

I.&= nbsp;   Sexual Encounter Center: A busin= ess 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 pers= ons 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 "se= xual conduct" as set forth in RSA 571-B:1.

&nb= sp;

= 307-22   = Allowed Locations and Location Restrictions of Sexually Oriented Businesses<= /b>

&nb= sp;

Sexually Oriented Businesses, as defined above shall be permitted only in the busine= ss 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,    &nbs= p;      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.

= &nb= sp;

= 307-23   = Measure of Distance

&nb= sp;

The dist= ance 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.

&nb= sp;

= 307-24   = Additional Reasonable Regulations

&nb= sp;

The Plan= ning Board is empowered hereunder to review and approve permit applications for sexually oriented businesses and impose reasonable restrictions for bufferi= ng, outdoor lighting, parking, adequate ingress and egress from the site off of= and onto public roads, pedestrian movement, and to provide for appropriate land= scaping and building aesthetics in the "Site Plan Review Regulations of the To= wn of Pelham, New Hampshire," and to avoid site development layout which = may result in negative environmental impacts.

&nb= sp;

= 307-25   = Severability

&nb= sp;

The inva= lidity 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 t= he ATM, Art. 8; Amended March 8, 2005 ATM]

&nb= sp;

&nb= sp;

307-26   = Conflicting Provisions

&nb= sp;

In cases= of conflict between permitted uses of this district and permitted uses defined elsewhere in this chapter (see definitions section), the more restrictive u= se shall apply.

&nb= sp;

= 307-27   = Permitted Uses

&nb= sp;

Only the following uses are permitted in the Aquifer Conservation Districts subject = to all other pertinent Zoning Ordinances of the Town of Pelham:

&nb= sp;

A.&= nbsp; Industrial or business uses in the Industrial District, which discharge no hazardous or toxic wastes on the site and which uses are nonpolluting.=

B.&= nbsp; Business uses in the Business District which discharge no hazardous or toxic wastes = on the site and which uses are nonpolluting.

C.&= nbsp; Residential uses as permitted in the Residential Districts.

D.&= nbsp; All uses permitted in the Rural District except junkyards, dumps, demolition disposal sites and sanitary landfills.

E.&= nbsp; All uses permitted in the Recreation-Conservation-Agricultural Districts, provi= ded that hazardous materials are used in a safe and recommended manner.

F.&= nbsp; Any activity designed for conservation of soil, water, plants and wildlife.

G.&= nbsp; Outdoor recreational activities except those which destroy the surfaces of hillside= s or other watershed areas.

H.&= nbsp; Operation and maintenance of existing bodies of water, wells, dams or other conservat= ion devices.

I.&= nbsp;   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

&nb= sp;

Prohibit= ed uses in the Aquifer Conservation District include all other uses not permit= ted under this section. Prohibited uses specifically include:

&nb= sp;

A.   Outdoor storage of road salt = or other piercing chemicals and dumping of snow containing road salt or other piercing chemicals.

&nb= sp;

B.&= nbsp; Solid and liquid waste disposal sites, including but not limited to demolition si= tes and lagoons.

C.&= nbsp; Septage disposal sites and lagoons.

D.&= nbsp; Automotive service and repair shops, junkyards, automotive junkyards and automotive salvage operations, as well as any similar use which might potentially affe= ct water quality.

E.&= nbsp; On-site storage of hazardous waste or toxic materials except temporarily as necessa= ry in the ordinary course of business. A permit from the Pelham Planning Board is required for such tempora= ry storage.

F.&= nbsp; Subsurface storage of petroleum and other refined petroleum products except with suita= ble secondary barriers and automatic alarm systems.

G.&= nbsp; Industrial uses which discharge contact-type process waters on the site. Noncontact cooling water is permit= ted.

H.&= nbsp; Excavation of sand or gravel except as such use is conducted in accordance with an approved earth-removal permits being issued by the Pelham Planning Board.

I.&= nbsp;   Bulk storage of toxic material for resale or distribution.

J.&= nbsp; No individual, company, or entity shall cause to remove from the Town’s = above ground water resources or below ground aquifers more than 1000 gallons of w= ater per day, unless said water is for the purpose of redistributing that water = to the landowners of Pelham. <= span style=3D'font-size:8.0pt;font-family:Arial;mso-bidi-font-family:"Times New = Roman"'>[Amended March 8, 2005 ATM]

= 307-29   = Waste Water Disposal

&nb= sp;

Sanitary= wastewater discharge to septic and leaching systems shall conform to the regulations s= et forth in the Town of Pelham health regulations.

&nb= sp;

307-30   = Water Supply and Wells

&nb= sp;

Monitori= ng 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 determ= ined by the Pelham Planning Board. The checking of wells shall take place on a monthly basis by the Board of Healt= h.

&nb= sp;

= 307-31   = Potential Contaminants

&nb= sp;

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.

&nb= sp;

= 307-32   = District Boundaries

&nb= sp;

When the precise limits of the Aquifer Conservation District are disputed by an owne= r 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:

&nb= sp;

        &= nbsp;   A.         = A revised Soil Map of the area in question prepared by a soil scientist quali= fied in hydrologic studies along with a written report of the on-site inspection= and test-boring data.

&nb= sp;

        &= nbsp;   B.         = The Planning Board shall define the boundary of this district based on the evid= ence provided as set forth above. = The Planning Board shall reserve the right to withhold action on any plan pendi= ng 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.

&nb= sp;

= 307-33   = Planning Board Review

&nb= sp;

All subdivision proposals and proposed nonresidential site development within t= he 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 Pel= ham and further shall assure that:

&nb= sp;

A.   All such proposals are consis= tent with the need to protect the groundwater of the Town of Pelham and adjacent communities.

&nb= sp;

B.   All sanitary sewer systems are designed to minimize or eliminate leakage or discharges from the system into the groundwater.

&nb= sp;

C.   On-site waste disposal system= s are located so as to avoid or minimize groundwater contamination.

&nb= sp;

D.   Written approval by the Pelham Planning Board or Board of Health and the State of <= st1:State w:st=3D"on">New Hampshire Water Supply and Polluti= on Control Commission has been obtained and granted for septic design.

&nb= sp;

= 307-34   = Enforcement

&nb= sp;

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.

&nb= sp;

= 307-35   = Nonconformity

&nb= sp;

Nonconfo= rming 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, e= tc.) are being introduced into the aquifer.&nbs= p; 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 Boar= d of Health.

= 307-36   = Guidelines for Enforcement

&nb= sp;

The Boar= d of Selectmen, the Board of Health, the Planning Board, the Board of Adjustment= and the Building Inspector, when enforcing and administering this section, shal= l 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. Adequate supply is seen as essentia= l 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. T= hese resources must be protected, conserved and managed in the interest of prese= nt and future generations. The i= ntent of this section is to provide for the protection of the water resources from contamination.

ARTICLE VII=

WETLANDS CONSERVATION DISTRIC= T

[Amended ATM 1991; Amended Ma= rch 1994 by ATM ; Amended ATM 1999; Amended March 8, 2005]

307-37   = Purpose and Intent

&nb= sp;

The purp= ose 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:

&nb= sp;

A.&= nbsp; Prevent the development of structures and land uses on naturally occurring or compensatory wetlands which will contribute to pollution of surface and gro= und water by sewage or toxic substances.

B.&= nbsp; Prevent the destruction of or significant changes to, natural or compensatory wetla= nds which provide flood protection.

C.&= nbsp; Protect unique and unusual natural areas.

D.&= nbsp; Protect wildlife habitats and maintain ecological balances.

E.&= nbsp; Protect potential water supplies and existing aquifers (water bearing stratum) and aquifer recharge areas.

F.&= nbsp; Prevent expenditure of municipal funds for the purpose of providing and/or maintain= ing essential services and utilities which might be required as a result of mis= use or abuse of wetlands.

G.&= nbsp; Encourage those low-intensity uses that can be harmoniously, appropriately and safely located in wetlands.

&nb= sp;

The Wetl= ands 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]

    =             &nb= sp;            =             &nb= sp;            =             &nb= sp;        =

307-38   Wetlands Incorrectly Delineated

&nb= sp;

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.

&nb= sp;

The Conservation Commission shall make their judgment under this section only u= pon 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 shal= l 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.

&nb= sp;

Once an = area has been determined to be a wetland under this section that area shall beco= me part of the Wetland Conservation District.

307-39   Permitted Uses

&nb= sp;

Permitte= d 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 us= es that otherwise are permitted by this zoning ordinance.

&nb= sp;

Permitte= d uses are specifically restricted to the following:

&nb= sp;

A.&= nbsp; 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.&= nbsp; the cultivation and harvesting of crops according to recognized soil conservati= on practices;

C.&= nbsp; wildlife refuges;

D.&= nbsp; parks and recreation uses consistent with the purpose and intent of this ordinanc= e;

E.&= nbsp; conservation areas and nature trails;

F.&= nbsp; open spaces as permitted or required by the subdivision regulations or the zoning ordinance.

&nb= sp;

307-40   Special Permit

&nb= sp;

A.&= nbsp; Special permit may be granted by the Planning Board, after proper public notice and public hearing, for undertaking the following uses in the Wetlands Conserva= tion District when the application has been referred to the Conservation Commiss= ion, Licensed N.H. Soil Scientist/Wetland Scientist who shall act as a consultan= t to the Planning Board in its review of this application, and to the Health Off= icer for review and comment at least twenty (20) days prior to the hearing. [Amended March 8, 2005 ATM]

&nb= sp;

1.    &= nbsp; Streets,= roads and other access ways, wells, 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 impa= ct of such uses upon the wetland.

2.    &= nbsp; Water im= poundments for fire protection or drainage.

&nb= sp;

B.&= nbsp; Special permit for uses within the Wetlands Conservation District may be granted provided that the following conditions are met, the burden of proof for whi= ch shall be upon the applicant who shall furnish such engineering and hydrolog= ical 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 written comment is provided from the Conservati= on Commission, and if deemed necessary by the Conservation Commission, written= comment from the Hillsborough County Soil Conservation Service and/or the New Hamps= hire Wetlands Board. [Amended March 9, 2004 ATM]

&nb= sp;

&nb= sp;

307-41   Special Provisions [Amended ATM 1991; amended ATM 1999; amended March 8, 2005 ATM]

A.&= nbsp; Residential and commercial septic leachfields must be setback from Wetland Conservation District areas the following distances:

        &= nbsp;           &nbs= p;            &= nbsp;

1.    &= nbsp; Poorly D= rained Soils - 25 feet

2.    &= nbsp; Very Poo= rly Drained Soils - 50 feet

3.    &= nbsp; Ponds, s= treams and year-round brooks - 75 feet

B.&= nbsp; No building or structure may be located within a Wetland Conservation District area.

C.&= nbsp; No individual, company, or entity shall cause to remove from the Town’s above ground water resources or below ground aquifers more than 1000 gallon= s of water per day, unless said water is for the purpose of redistributing that water to the landowners of Pelham. [Amended March 8, 2005 ATM]

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 appl= y.

&nb= sp;

ARTICLE VIII

*&= nbsp;*	Minimum Lo= t Size	*&= nbsp;* *&= nbsp;*	*&= nbsp;*	Building Setbacks	*&= nbsp;*
*&= nbsp;*	(sq. ft.)	Frontage	Front	Side	Rear
Single= -Family Dwelling	43,560=	200'	30'	15'**=	15'**=
Two-Fa= mily Dwelling	87,120=	200'	30'	15'**=	15'**=
Multi-= Family Dwelling	130,68= 0*	200'	40'**<= o:p>	30'**<= o:p>	30'**<= o:p>
Senior= & Elderly Developments	217,80= 0***	200= 217;	30R= 17;	30R= 17;	30R= 17;
Commer= cial Uses	60,000=	200'	40'**<= o:p>	30'**<= o:p>	30'**<= o:p>
Indust= rial Uses	87,120=	200'	40'**<= o:p>	30'**<= o:p>	30'**<= o:p>

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
Truck Trailers or Container pods [Adde= d by ballot ATM March 13, 2007]		P	P
Automotive Repair Facilities [Added by ball= ot ATM March 13, 2007]		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<= /o:p>		P	P	P
Light industry & manufacturing			P
Warehousing			P
Private Utility Structures; i.e. windmills, watermills, free-standing solar collectors, etc. that generate power for use on same site [Added 3-14-06 by ballot at ATM, Ar= t. 3]	P**	P**	P**	P**	P**
Junkyards and solid waste disposal facilities				S