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Draft Zoning Ordinance Changes Public Hearing January 22, 2008
DRAFT
2008 ZONING PROPOSALS
1. Amend ARTICLE XV - DEFINITIONS as follows:
A. Removal of the definition “Cluster Development”
CLUSTER DEVELOPMENT - a residential single family subdivision of a tract where, instead of dividing the entire tract into house lots which meet the minimum requirements of article VI, Dwelling Unit Requirements and Setbacks, Paragraph A1, a similar number of dwelling units may be clustered on lots of reduced dimensions. The units may be clustered on lots of reduced dimensions. The remaining land in the tract is not to be built upon and is reserved as common land to be held in perpetuity by a mandatory homeowners' association which will legally prevent the common land from ever being further subdivided or developed.
B. Removal of the definition “Buildable Area” which currently reads:
BUILDABLE AREA - An area of specified dimensions (for example 200 x 200 foot square, 60,000 contiguous square feet, etc.) depicted on the Subdivision Plat, Building Permit Application, or Site Plan, in which a building and septic system can be placed (1) that will meet all existing setback ordinances and all State of New Hampshire Water Supply and Pollution Control requirements for setbacks from wetlands and (2) that consist of upland soils classified by High Intensity Soil Survey (HISS) as Class I through IV. Contiguous areas shall also be of adequate width and/or depth so as not to create an hourglass effect of less than fifty (50') feet at the narrowest point.
And replace the definition of “Buildable Area” with “Lot Envelope”
LOT ENVELOPE - A two-hundred by two-hundred (200’ x 200’) foot square or a minimum of forty-five thousand (45,000) contiguous square foot upland buildable soil area, depicted on a plat or building permit, which is being designated as a suitable area that can meet all local and State requirements. The forty-five thousand (45,000’) contiguous square foot area shall also be of adequate width and/or depth so as not to create an hourglass effect of less than fifty (50’) feet at the narrowest point. The lot envelope shall not include areas unfit for building and their appropriate setbacks or building setbacks.
C. Amendments to the following definitions:
(1) “Common Conservation Land” which currently reads:
COMMON CONSERVATION LAND - common land area within the cluster development which shall not be built upon and shall forever remain in its natural state to include wetlands, flood plains, steep slopes, buffer zones, and other environmentally sensitive areas.
To read:
COMMON CONSERVATION LAND - Common land area within the conservation subdivision which shall not be built upon and shall forever remain in its natural state to include wetlands, flood plains, steep slopes, buffer zones, and other environmentally sensitive areas.
(2) “Fit for Building,” which currently reads:
FIT FOR BUILDING - any land which is not classified as floodplain, wetland, watershed protection area and does not have slopes of 25% or more and where soil tests indicate suitability.
To read:
FIT FOR BUILDING - Any land, which is not classified as floodplain, wetland, watershed protection area, drainage way, and does not have slopes of twenty-five (25%) percent or more and where soil tests indicate suitability.
(3) “Frontage” which currently reads:
FRONTAGE - the length of the lot bordering on public right-of-way.
To read:
FRONTAGE - The length of the lot bordering on a Class V road or better.
(4) “Structure”, which currently reads:
STRUCTURE - anything constructed or erected, except a boundary wall or fence, the use of which requires location on the ground or attachment to something on the ground.
To read:
STRUCTURE - That which is built or constructed with a fixed location on the ground or attached to something having a fixed location on the ground, whether installed on, above or below the surface of land.
· Structure includes but is not limited to a building, barn, swimming pool, manufactured home, mobile home, trailer, septic system, well, gas or liquid storage tank, deck, porch, balcony, breezeway, carport, garage or similar structures.
· Structure shall not include boundary wall, fence or accessory shed.
(5) “Unfit for Building” which currently reads:
UNFIT FOR BUILDING - any land which is classified as floodplain, wetland (by soil type), watershed protection area, excessive slope of 25% or more, or where soil tests indicated unsuitability for subsurface waste disposal.
To read:
UNFIT FOR BUILDING - Any land, which is classified as: a floodplain; wetland (by soil type); watershed protection area; excessive slope of twenty-five (25%) percent or more; drainage ways; or where soil tests indicate unsuitability for subsurface waste disposal.
2. Amend ARTICLE VI – DWELLING UNIT REQUIREMENTS:
A. “SECTION A - Dwelling Unit Requirements and Setbacks”, which currently reads:
1. No lot shall be less than two (2) acres in area, with a minimum contiguous frontage of two hundred (200') feet, including curb cut for approved access, except to the extent with regard to frontage of back lots approved in accordance with Part I of this Article VI. Each single parcel of land is required to contain a driveway (curbcut) within the required minimum frontage. The required driveway may be either a single or common/shared driveway. Each lot must contain a 200 X 200 foot square fit for building or a sixty thousand (60,000') square foot contiguous area fit for building in which a house and septic system can be placed to meet all existing setback ordinances, consisting of upland soils classified by High Intensity Soil Survey (HISS) as Class I through IV. However, a
nonconforming lot, which does not abut other property under the same ownership, shall be exempt from these provisions, provided it was legal under the provisions in effect immediately prior to the passage of this Ordinance or subsequent amendments thereto, where approval can be granted without substantial detriment to the public interest and without substantially detracting from or nullifying the provisions and purpose of this Ordinance.
To read:
SECTION A - Dwelling Unit Requirements and Setbacks:
1. Minimum Lot Requirements:
· Each lot shall be a minimum of two (2) acres in area.
· Each lot shall contain a lot envelope in which a house, well and septic system can be placed to meet all local and State requirements.
· Each lot shall contain a minimum contiguous two-hundred (200’) foot frontage along a Class V road or better. Except for approved back lots in accordance with Part I of this Article VI.
· Each single parcel of land shall contain a driveway (curb cut) within the required minimum frontage. The required driveway may be either a single or common/shared driveway.
· A nonconforming lot, which does not abut other property under the same ownership, shall be exempt from these provisions, provided it was legal under the provisions in effect immediately prior to the passage of this Ordinance or subsequent amendments thereto, where approval can be granted without substantial detriment to the public interest and without substantially detracting from or nullifying the provisions and purpose of this Ordinance.
B. “SECTION G - Multifamily Development” which currently reads:
4. Regulations:
b. Land Area Multifamily Development - the minimum land area for a multifamily development complex shall be six (6) acres of two (2) acres per unit dwelling. The site shall contain a minimum of 60,000 square feet of contiguous upland buildable soils per unit dwelling; and be of sufficient size as to meet all setback requirements; and meet all State of New Hampshire Water Supply and Pollution Control requirements for setbacks from wetlands.
To read:
b. Land Area Multifamily Development - the minimum land area for a multifamily development complex shall be six (6) acres of two (2) acres per unit dwelling. The site shall contain a minimum of forty-five thousand (45,000’) square feet of contiguous upland buildable soils per unit dwelling; and be of sufficient size as to meet all setback requirements; and meet all State of New Hampshire Water Supply and Pollution Control requirements for setbacks from wetlands.
C. Remove “SECTION H - Cluster Subdivisions will not be allowed.”
3. Amend “ARTICLE VII – BUILDING PERMITS” which currently reads:
A. SECTION A - Requirements -
5. Erection of non-habitable structures of one hundred forty five (145') square feet in area or greater.
To read:
5. Erection of non-habitable structures of one hundred twenty-one (121') square feet in area or greater.
B. “SECTION B - Application and Issuance”:
2. Remove the following sentences:
· “An applicant may not receive a total of more than five (5) building permits per year.” and;
· “The number of building permits issued by the Building Inspector shall be posted at the Town Hall by the tenth day of each month indicating the number of building permits issued during the preceding month.”
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