WIXLIB

ALTON, NHZONINGORDINANCEAs AmendedThroughMarch 14, 2017

Town of AltonZoning OrdinanceTABLE OF CONTENTSARTICLE 100PREAMBLE . 2SECTION 110SECTION 120PURPOSE AND AUTHORITY . 2DATE OF EFFECTIVENESS . 2ARTICLE 200DEFINITIONS . 3ARTICLE 300GENERAL PROVISIONS . 19SECTION 310SECTION 311SECTION 319SECTION 320A.B.C.CLASSES OF ZONES . 19ZONING MAPS . 19STANDARDS FOR ACCESSORY DWELLING UNITS . 19NON-CONFORMING USES . 20Non-conforming Uses, Structures and Lots: . 20Nonconforming Structures: . 21Nonconforming Lots: . 22SECTION 326SECTION 327SECTION 328SECTION 329A.B.COMMONLY USED WATER FRONT PARCELS OR LOTS . 22SETBACK REQUIREMENTS. 23HEIGHT RESTRICTIONS . 24CONDOMINIUMS . 24Conversions: . 24New Construction for Condominium Conveyance:. 24SECTION 330A.B.C.D.E.ELDERLY HOUSING . 25Purpose . 25Definition Elderly Housing . 25Permitted Uses Elderly Housing. 25Permitted Districts Elderly Housing . 25Design Criteria for Elderly Housing . 25SECTION 331A.B.C.D.E.CONTINUING CARE RETIREMENT COMMUNITIES . 26Purpose . 26Definitions for Continuing Care Retirement Communities (CCRC) . 26Permitted Uses . 27Permitted Districts . 27Design Criteria. 27SECTION 332A.B.C.D.E.F.SECTION 333SECTION 334SECTION 335A.B.C.SECTION 336SECTION 340A.B.C.D.SEXUALLY ORIENTED BUSINESS . 28Purpose & Intent . 28Definitions . 28Permitted Districts . 29Procedure . 30Site Requirements . 30Operational Requirements . 30CRITERIA FOR A HOME BUSINESS. 30COMMERCIAL FUNCTION FACILITY REVIEW CRITERIA . 31APPEARANCE REVIEW . 32Purpose . 32Review Process . 32Provisions . 32STRUCTURES DESTROYED BY FIRE OR OTHER NATURAL DISASTER . 32SIGN REGULATIONS . 33Purpose . 33General Provisions. 33District Provisions . 34Temporary Signs . 36i

Town of AltonZoning OrdinanceE.F.G.H.SECTION 350A.B.C.SECTION 351SECTION 355SECTION 356SECTION 357SECTION 358SECTION 359A.B.C.D.E.F.G.H.I.SECTION 360SECTION 361SECTION 362Off Premises Signs . 36Definitions . 36Enforcement, Notification and Removal . 37Severability . 37MANUFACTURED HOUSING . 37Manufactured Home . 37Modular - Sectional Home . 37Manufactured Home Park Performance Standards . 37ACCESSORY MANUFACTURED HOME FOR A RELATIVE WITH A HEALTH ISSUE . 38RECREATIONAL CAMPGROUND OR CAMPING PARKS . 38RECREATIONAL VEHICLES . 40RECREATIONAL CAMPING CABIN STANDARDS . 40PRIVATE TENT SITES . 40STORMWATER MANAGEMENT . 41Purpose and Intent . 41Authority. 41Applicability . 41Landowner’s or his/her Agent(s) Responsibilities. 41Application Requirements . 42Temporary Erosion and Sedimentation Controls. 42Design Standards for Permanent Stormwater Management and Erosion Control . 43Implementation Guidelines for Permanent Control . 43Administration . 44NON-HABITABLE STRUCTURE AS PRINCIPAL BUILDING ON A LOT . 44BUNKHOUSE REGULATIONS . 45INCLUSIONARY ZONING . 45Purpose 45Statutory Authority. 46Applicability. 46Definitions . 46Incentives . 47Conditional Use Permit . 47Assurance of Continued Affordability . 48Administration; Compliance; Monitoring . 48SECTION 363A.B.C.D.E.F.G.H.I.ARTICLE 400SECTION 401SECTION 410SECTION 411SECTION 412SECTION 413SECTION 420SECTION 421SOLAR ENERGY SYSTEMS . 48AUTHORITY AND PURPOSE . 48GOALS . 49DEFINITIONS . 49GENERAL PROVISIONS . 50SOLAR ENERGY SYSTEM STANDARDS . 51SPECIAL EXCEPTION FOR SOLAR ENERGY SYSTEMS OVER 25kW . 52SPECIAL EXCEPTION FOR UTILITY SCALE SOLAR ENERGY SYSTEMS / SOLARFARMS . 52ABANDONMENT, REMOVAL AND DECOMMISSIONING . 52SEVERABILITY . 53ZONING DISTRICTS REGULATIONS . 54PERMITTED USES - TABLE OF USES . 54LAKESHORE RESIDENTIAL ZONE (L/R) . 59PERMITTED USES SECTION . 59RESTRICTIONS GOVERNING USE . 59SPECIAL EXCEPTIONS . 59RECREATION SERVICE ZONE (R/S) . 61PERMITTED USES . 61ii

Town of AltonZoning OrdinanceSECTION 422SECTION 430SECTION 431SECTION 432SECTION 433SECTION 434SECTION 440SECTION 441SECTION 442SECTION 443SECTION 444SECTION 450SECTION 451SECTION 452SECTION 460SECTION 461SECTION 462SECTION 463ARTICLE 500SECTION 510SECTION 511SECTION 520SECTION 530SECTION 540SECTION 550SECTION 560SECTION 570RESTRICTIONS GOVERNING USES . 61RESIDENTIAL ZONE (R) . 62BOUNDARY DESCRIPTIONS . 62PERMITTED USES . 62RESTRICTIONS GOVERNING USES . 62SPECIAL EXCEPTIONS . 62RESIDENTIAL-COMMERCIAL ZONE (R/C) . 63BOUNDARY DESCRIPTION . 63PERMITTED USES . 63RESTRICTIONS GOVERNING USE . 63SPECIAL EXCEPTIONS . 63RURAL ZONE (RU) . 65PERMITTED USES . 65RESTRICTIONS GOVERNING USE . 65RESIDENTIAL RURAL ZONE (RR) . 66BOUNDARY DESCRIPTION . 66PERMITTED USES . 66RESTRICTIONS GOVERNING USE . 66ADMINISTRATION AND ENFORCEMENT . 67TERM, MEMBERSHIP, AUTHORITY AND DUTIES . 67POWERS . 67SPECIAL EXCEPTIONS . 67VARIANCES . 69EQUITABLE WAIVER OF DIMENSIONAL REQUIREMENT . 70ENFORCEMENT . 71MISCELLANEOUS PROVISIONS . 71PLANNING BOARD . 71ARTICLE 600 OVERLAY DISTRICTS . 72SECTION 601SECTION 602A.B.C.D.SECTION 603A.B.C.D.E.F.G.H.I.J.K.L.SECTION 660A.B.C.D.E.SHORELAND PROTECTION OVERLAY DISTRICT . 72AQUIFER PROTECTION OVERLAY DISTRICT . 72PURPOSE AND INTENT. 72AQUIFER PROTECTION ZONE BOUNDARIES . 72RESTRICTIONS . 72SPECIAL PROVISIONS . 73PERSONAL WIRELESS SERVICE FACILITIES ORDINANCE . 73Purpose . 73Applicability . 73Definitions . 74District Regulations . 76Use Regulations . 77Dimensional Requirements. 77Performance and Design Standards . 78Verification and Maintenance . 81Abandonment or Discontinuation of Use . 81Timing of Operation . 82Bonding and Security and Insurance . 82Savings Clause. 83FLOODPLAIN DEVELOPMENT OVERLAY DISTRICT. 83AUTHORITY . 83PURPOSE AND INTENT. 83DEFINITIONS . 83PERMITS . 83CONSTRUCTION REQUIREMENTS. 83iii

Town of AltonZoning OrdinanceF.G.H.I.J.WATER AND SEWER REQUIREMENTS . 83REPORTING REQUIREMENTS . 84FEDERAL AND STATE PERMITS . 84SPECIAL FLOOD HAZARD AREAS . 84VARIANCES AND APPEALS . 86BOUNDARY DESCRIPTIONS . 87SECTION 441SECTION 361BOUNDARY DESCRIPTION (RESIDENTIAL / COMMERCIAL). 87BOUNDARY DESCRIPTION (RESIDENTIAL RURAL ZONE). 92iv

Town of AltonZoning OrdinanceTown of Alton, New HampshireZONING ORDINANCEAs Amended Through March 14, 2017, InclusiveARTICLE 100PREAMBLESECTION 110PURPOSE AND AUTHORITY(Amended 10, March 2015)In pursuance of the authority conferred by Title LXIV, as amended, New Hampshire Revised StatutesAnnotated, the zoning regulations and districts as hereby set forth are proposed for the purpose of promotingthe health, safety and general welfare of the citizens of the Town of Alton. This ordinance was adoptedAugust 29, 1970, and may be amended as provided in Chapters 672- 677, RSA as amended, and as otherwiseprovided by law.The zoning ordinance is designed to:(a) lessen congestion in the streets;(b) secure safety from fires, panic and other dangers;(c) promote health and the general welfare;(d) provide adequate light and air;(e) prevent the overcrowding of land;(f) avoid undue concentration of population;(g) facilitate the adequate provision of transportation, solid waste facilities, water, sewerage, schools,parks, child day care;(h) assure proper use of natural resources and other public requirements;(i) encourage the preservation of agricultural lands and buildings and the agricultural operations describedin RSA 21:34-a supporting the agricultural lands and buildings; and(j) encourage the installation and use of solar, wind, or other renewable energy systems and protect accessto energy sources by the regulation of orientation of streets, lots, and buildings; establishment ofmaximum building height, minimum set back requirements, and limitations on type, height, andplacement of vegetation; and encouragement of the use of solar skyspace easements under RSA 477.Zoning ordinances may establish buffer zones or additional districts which overlap existing districtsand may further regulate the planting and trimming of vegetation on public and private property toprotect access to renewable energy systems.SECTION 120DATE OF EFFECTIVENESSThis ordinance and any amendments shall become effective on the date of adoption.2

Town of AltonZoning OrdinanceARTICLE 200DEFINITIONS(As amended 13 March 1984, 15 March 1989, 13 March 1991, 11 March 1992, 10 March 1993, 11 March 1998, 11 March 1999,12 March 2002, 11 March 2003, 9 March 2004, 14 March 2006, 10 March 2009, 09 March 2010, 08 March 2011, 12 March 2013, 11 March 2014, 14March 2017)Definitions may have source designations:1. [from FDO] means the definition pertains to the Floodplain Development Overlay DistrictsSECTION 660100-Year Flood – [from FDO] see Base Flood.Accessory Building, Structure or Use – A building, structure or use incidental and subordinate to the principalbuilding and its use and occupying the same lot. (Added 11 March 2014, amended 14 March 2017)Accessory Dwelling Unit – A separate, independent, accessory and subordinate dwelling unit either locatedwithin an accessory structure on the same property as the primary single family dwelling or within or attachedto the primary single family dwelling itself. Examples include an apartment over a garage, a basementapartment or an extension to the existing house. An Accessory Dwelling Unit shall not be permitted on anylot with more than one existing dwelling unit. (Amended March 14, 2017.)Agriculture – As defined by NH RSA 21:34-a, with the exception of septage, as amended. (Revised 08 March 2011)Agritourism – As defined by RSA 21:34-a, II. (b) (5), as amended - attracting visitors to a farm to attendevents and activities that are accessory uses to the primary farm operation, including, but not limited to, eatinga meal, making overnight stays, enjoyment of the farm environment, education about farm operations, oractive involvement in the activity of the farm. (Added 08, March 2011, amended 14 March 2017)Airport – Any area of land or water, whether constructed or not, which is a site for the landing and taking-offof aircraft or utilized or to be utilized publicly or privately as a point of arrival or departure by air. (Added 12, March2013, amended 14 March 2017)Amusement Use: Indoor - Pinball/video arcade, dance hall, bowling alley, movie theater, tennis center,gymnasium. (Added by ATM 3/11/97)Amusement Use: Outdoor - Miniature golf, drive-in theater, circus/carnival. (Added by ATM 3/11/97)Area of Shallow Flooding - [from FDO] A designated AO or AH Zone on a community's Flood InsuranceRate Map (FIRM) with a one (1%) percent or greater annual chance of flooding to an average depth of one (1)to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictableand where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. (Amended 14March 2017)Area of Special Flood Hazard - [from FDO] The land in the floodplain within a community subject to a one(1%) percent or greater chance of flooding in any given year. The area is designated on the FIRM as Zones Aand AE. (Amended 10, March 2015, amended 14 March 2017)Assisted Living CCRC Facilities – Facilities which provide housing and care for residents who are no longermedically self-sufficient but who are not yet in need of the more expensive (and more institutional) skillednursing care. An example would be an arthritis patient who needs assistance with dressing and the like butwho can otherwise carry on a daily routine. Assisted Living facilities must include room and board (serving aminimum of one meal per day - up to three), provision of personal care assistance, medication assistance, and3