           |
III. Impact Control
Only the Town of Nottingham or a cooperative in which the town of Nottingham is a member, may own and/or operate a collection facility, transfer station, transshipment facility, compaction facility, landfill, incinerator facility, or other facility for the handling, transfer, treatment, disposal, or other use or disposition of solid waste, refuse, trash, garbage, and/or other putrescible material anywhere in the Town of Nottingham.
There shall be no approval for the construction or operation of any water bottling, fruit juice processing, soft drink processing or alcoholic beverage processing facility in Nottingham without the approval of the voters of the Town at a regularly scheduled Town Meeting. Further, no water extracted within the boundaries of the Town of Nottingham shall be transported outside of the Town for commercial purposes by truck, rail, pipeline or any other means.
The Town of Nottingham is zoned residential/agricultural except as noted herein.
A. Commercial/Industrial Zones
1. Commercial Zones (Town Center)
These zones shall extend back five hundred (500') feet from the nearest edge of the right of way, on both sides of the following portions of Route 152 and Route 156: town center from Lot 1, Map 38, inclusive, and Lot 2, Map 37, inclusive, to Lot 23B, Map 42, inclusive, and Lot 17, Map 43, inclusive; also from Lot 50, Map 43, inclusive, and Lot 23, Map 43, inclusive, to Lot 41A, Map 43, inclusive, and Lot 42, Map 43. (Rte. 156 from, the junction of Rtes. 152 & 156 to the Congregational Church both sides). Commercial use in this area should have the characteristics of the "Center of Town" and blend well with the residential character of a rural New England Town.
a. Permitted Uses
1. retail/wholesale establishment
2. service facility, including eating and lodging
3. theater/cultural center
4. Houses of worship
5. professional office space
6. government buildings
7. mortuaries
8. educational facilities
9. other uses by special exception from the Board of Adjustment, utilizing the following special exception criteria:
a) whether the goals set forth in N.H. RSA 674:17 I will be infringed by granting such special exception;
b) whether the terrain or configuration of the lot make it more appropriate than not for such a special exception to be granted; and
c) whether the granting of such special exception would adversely impact neighboring parcels or rural character of the Town.
b. Requirements
1. Set Backs - 50' setbacks from all property lines. Existing buildings exempt from setback requirements (Article VI, section A 2)
2. Lot Sizes - as defined by Zoning Ordinance VI A 1
3. Signs - signs located less than 20 ft. back from lot lines shall be limited to business identification and shall not be greater than 6 sq. ft. in area. Signs located 20 ft. back or beyond from lot lines shall not be more than 10 sq. ft. in area. Any sign directly attached to a building shall not be more than 20 sq. ft. in area between 50 - 100 feet back from lot lines, 30 sq. ft. in area between 100 - 150 feet back from lot lines, and 50 sq. ft. in area from further than 150 feet back from lot lines.
4. Site Plan Review required
5. Maximum lot coverage in percent - 40%
6. Maximum building height in feet - 34
Structure heights above 34 feet may be allowed by special exception from the Board of Adjustment utilizing the following special exception criteria:
a) whether the goals set forth in N.H. RSA 674:17 I will be infringed by granting such special exception;
b) whether the terrain or configuration of the lot make it more appropriate than not for such a special exception to be granted; and
c) whether the granting of such special exception would adversely impact neighboring parcels or rural character of the Town.
c. Exclusion
Any lot in the Commercial Zone not being used for commercial purposes shall be considered residential property until such time as the owner of such property decides to reclassify the subject property as commercial.
2. Commercial/Industrial Zones (Route 4)
These zones extend back one thousand (1000') feet from the nearest edge of each side of Route 4 in Nottingham, but only include lots with frontage on Route 4.
a. Permitted Uses
1. retail/wholesale establishment
2. service facility, including eating and lodging
3. theater/cultural center
4. Houses of worship
5. professional office space
6. government buildings
7. mortuaries
8. educational facilities
9. by special exception from the Board of Adjustment, industrial and other uses, utilizing the following special exception criteria:
a) whether the goals set forth in N.H. RSA 674:17 I will be infringed by granting such special exception;
b) whether the terrain or configuration of the lot make it more appropriate than not for such a special exception to be granted; and
c) whether the granting of such special exception would adversely impact neighboring parcels or rural character of the Town.
b. Requirements
1. Set Backs - same as Building Code Section VI
Commercial - 100' from all boundaries
Industrial - 150' from front line and 100' from all other boundaries
2. Lot Sizes - as defined by Zoning Ordinance VI A 1
3. Signs - signs located less than 20 ft. back from lot lines shall be limited to business identification and shall not be greater than 6 sq. ft. in area. Signs located 20 ft. back or beyond from lot lines shall not be more than 10 sq. ft. in area. Any sign directly attached to a building shall not be more than 20 sq. ft. in area between 50 - 100 feet back from lot lines, 30 sq. ft. in area between 100 - 150 feet back from lot lines, and 50 sq. ft. in area from further than 150 feet back from lot lines.
4. Site Plan Review required
5. Off-street parking - adequate for employees and expected patrons
6. Maximum lot coverage in percent - 50%
7. Maximum building height in feet - 34
Structure heights above 34 feet may be allowed by special exception from the Board of Adjustment utilizing the following special exception criteria:
a) whether the goals set forth in N.H. RSA 674:17 I will be infringed by granting such special exception;
b) whether the terrain or configuration of the lot make it more appropriate than not for such a special exception to be granted; and
c) whether the granting of such special exception would adversely impact neighboring parcels or rural character of the Town.
c. Exclusion
Any lot in the Commercial/Industrial Zone not being used for Commercial/Industrial purposes shall be considered residential property until such time as the owner of such property decides to reclassify the subject property commercial /industrial.
3. Commercial/Industrial Use in Other Zones
Commercial or Industrial use may be permitted by Special Exception by the Board of Adjustment, utilizing the following special exception criteria:
a) whether the goals set forth in NH RSA 674:17 I will be infringed by granting such special exception;
b) whether the terrain or configuration of the lot make it more appropriate than not for such a special exception to be granted; and
c) whether the granting of such special exception would adversely impact neighboring parcels or rural character of the Town.
4. General Requirements
a. All proposed commercial and industrial development plans shall, in addition to the above requirements, include the following:
1. an impact study shall be required from the applicant which will respond to the issues in Appendix A, Impact Considerations.
2. The impact study and other considerations will be used in determining lot size and improvements adequate for the proposed use.
3. An impact statement is required for any activity included in this section.
B. Control of Impact - applicant for a subdivision, a building permit, or for approval of any change in use may be required to submit plans for control of impact (see Appendix A).
C. Home Occupation
1. DEFINITION: Home occupation means an accessory use of a residential property for gainful employment involving provision or sale of goods and/or services. A home occupation is incidental to the primary use of the property as a residence.
2. INTENT: The Town of Nottingham recognizes the desire of citizens to use their residences for limited business activities. However, the Town believes that it is important to protect residential areas from any adverse impacts of activities associated with home occupations. The purpose of this ordinance is to allow home occupations that are compatible with residential areas.
3. MINOR HOME OCCUPATION is a home occupation in which no persons other than members of the family residing on the premises are engaged in the occupation, which has no visible exterior evidence of the conduct of the occupation, which does not create a need for off-street parking beyond normal dwelling needs, which does not generate additional traffic. Minor home occupations shall not require a permit.
4. MAJOR HOME OCCUPATION is a home occupation in which not more than one person other than members of the family residing on the premises is employed on the premises, which has not more than one unlit sign not exceeding 4 feet by 4 feet in area as visible exterior evidence of conduct of the occupation, and which accommodates both dwelling and home occupation parking needs off the street. A major home occupation shall require a permit from the Planning Board.
5. CRITERIA FOR A MAJOR HOME OCCUPATION
a. Employees - Not more than one non-resident of the home may be employed in the home occupation on the premises.
b. Signs - One unlit sign may be displayed, which shall measure no more than four feet by four feet.
c. Residential appearance - There shall be minimal external alteration of the appearance of the property, dwelling, or accessory building in which the home occupation is conducted, which would reflect the existence of the home occupation.
d. General nuisances - No activity shall be allowed that would become a nuisance by way of noise, odor, smoke, dust, gas, vibrations, or electrical interference noticeable at or beyond the property line.
e. Parking - There shall be no parking on the public way.
Except that the following shall not be prohibited in the case of home based off premises service businesses: The parking, on the premises, of vehicles and equipment related to the off premise service business and the retrieval of such vehicles and equipment by employees not principally employed on the premises.
6. APPLICATION PROCESS: The application for a major home occupation shall be via a Public Hearing held by the Planning Board and full notification of abutters.
D. Commercial Soil Stripping
1. A Planning Board permit is required. A public hearing at the applicant's expense, (excavation permit fee is $50.00) is required for all commercial soil stripping for the initial permit. This procedure applies to all working pits.
a. all commercial soil stripping must be done in accordance with RSA 155-E:1.
2. Conditions for granting a permit include assurance that:
a. the operation will not constitute a nuisance because of noise, fumes, or other objectionable features.
b. no hazard will result from explosion, unprotected steep slopes, or other causes.
c. the excavation shall be graded, landscaped and revegetated upon completion so no adverse effect on the neighborhood or danger to the public safety or welfare will result. A guarantee bond may be required.
d. an acceptable restoration plan approved by the Planning Board must be on file with the Selectmen.
e. if wetlands are involved, provisions of Article III, Section I apply.
3. Acceptable restoration of any soil stripping area may be required if not completed within two years of inactivity, or forthwith, if the Selectmen determine a hazard exists.
4. Current working pits will be required to submit restoration plans in accordance with Section D.2.c.
E. Junk Yards - no outdoor storage of junk shall be permitted.
F. Hazardous Wastes - no chemical, nuclear, or other hazardous wastes shall be brought into the Town of Nottingham for the purposes of disposal or storage. Hazardous wastes generated in the Town shall be stored in appropriate containers and disposed of at a State approved disposal site before the amounts become hazardous.
G. Damaged Structures - as determined by the Selectmen, any structure made unsafe or unsightly, by decay or damage by fire or otherwise, shall be secured within thirty (30) days and repaired or removed to ground level within one year.
H. Sanitary Protection
1. No privy, cesspool, septic tank or sewage disposal area shall be constructed or maintained less than seventy-five (75') feet from the edge of any well. The septic system test hole or holes shall be dug and disposal systems installed in locations that will fulfill the requirements of Article III, Section H.
2. No waste waters or sewage shall be permitted to run free into a stream or public water body or be discharged in any way that may be offensive or detrimental to the health of others. All waste shall be conveyed away underground through use of an accepted sanitary system or in such a way that it will not be offensive or detrimental to health.
3. All dwellings, additions and sanitary systems, including replacement systems, shall be constructed and maintained in accordance with the standards set and enforced by the New Hampshire State Department of Health, the New Hampshire Water Supply and Pollution Control Commission (NHWSPCC) and by the provisions of this ordinance.
4. Before expanding any structure, increasing the number of dwelling units, or occupying any existing structure on a full time basis so as to increase the load on a sewage disposal system, an application for the approval of the system must be filed with Water Supply and Pollution Control Division of the Dept. of Environmental Services. The application must show that either the existing system or the design for a new system meet the requirements of the Division for the intended use.
Before offering for sale any developed waterfront property using a sewage disposal system, the property owner must, at his/her expense, engage a licensed sewage disposal system designer to perform a site assessment study to determine if the site meets the current standards established by the Division of Water Supply and Pollution Control. The assessment must become part of the listing agreement before the property may be offered for sale (RSA 149-E:3-C,D).
5. All septic system plan proposals submitted to NHWSPCC, when approved, receive a Septic System Approval Number. This approval number indicates that the proposed plans as submitted are approved. The final approval is called an "operational approval" and is given after the system has been installed and prior to being closed, (covered with soil) and is inspected by a representative of the NHWSPCC. A copy of the "operational approval" will be delivered by certified mail to the Selectmen who will forward it to the Building Inspector to become a part of the Building Permit file.
6. In a case where a septic system has been "closed" without operational approval from NHWSPCC, the owner will be required to reopen it for proper inspection.
7. The Planning Board has a responsibility to review septic system plans as they pertain to this Ordinance and where there is a question of suitability, the Board will notify NHWSPCC immediately for an onsite inspection and reconsideration.
8. Leach fields must be a minimum of four (4') feet above estimated seasonal high water table, seventy-five (75') horizontal feet from hydric A soils and fifty (50') horizontal feet from hydric B soils.
9. Leach fields must be a minimum of six (6') feet above ledge.
10. If fill is needed in order to meet requirements under Sections 7 or 8, Dredge and Fill Permits may be required by the NHWSPCC. In the case of all requirements, plans must be submitted to the Planning Board showing how the leach field mound will be blended aesthetically with the surroundings.
I. Fill and Dredge in Wetlands
1. Conditions to fill or dredge in wetlands of Nottingham require application in accordance with RSA Chapter 483-A.
2. At the time of filing with the New Hampshire Wetlands Board, applicant shall also file five (5) copies of said notice with detailed plan indicating the exact location of the proposed project with the Town Clerk. The Town Clerk shall forthwith send a copy of said notice to the Selectmen, Planning Board, and the Conservation Commission. A municipal fee and expenses as authorized by NH RSA 482-A:3,1 shall be submitted to the Town Clerk.
3. If there is a compelling reason that the application should be disapproved, the Nottingham Conservation Commission should be notified, which will, in turn, notify the Wetlands Board.
4. A soil conditions map for the Town of Nottingham is on file with the Wetlands Board.
J. Outdoor Signs
1. Inspection
The owner of any sign shall inspect annually each sign belonging to him and it shall be the duty of said owner to keep his sign(s) in good repair and appearance at all times.
2. Placement
a. All signs shall be prohibited within public rights-of-way areas except as provided and except traffic control devices and directional signs deemed necessary for the public welfare and safety authorized by municipal and state agencies.
b. No sign shall be designed or so placed as to endanger, obscure, confuse, or otherwise create a hazardous condition to motor vehicles.
3. Illumination
a. Signs may be illuminated only by continuous white light sources so placed that they will not constitute a hazard to street or highway driving by glare.
b. No flashing or animated signs or signs with visible moving parts or intermittent lighting to create a visual effect of movement shall be permitted.
c. No neon or tubular gas filled signs shall be allowed.
d. Signs shall be illuminated only during business hours.
4. Condition
Signs other than temporary signs shall be constructed of durable materials and shall be maintained in good condition and repair. Whereby reason of neglect a sign becomes hazardous, unsightly, or otherwise tends to depreciate its surroundings, the same shall constitute a public nuisance.
5. Advertising Signs
a. Advertising signs pertaining to the lease or sale of a lot or building on which they are placed, shall be permitted and no such sign shall be of greater size than six (6) square feet. No off-premises signs shall be allowed.
b. By special exception, property owners of business, professional or service enterprises, shall be allowed two (2) advertising signs, which shall be considered structures and subject to the same setback restrictions that are set forth in Article VII B 2 for habitable structures or nonhabitable structures of fifty (50') square feet or greater, such signs not to total over ten (10') square feet in area for each sign.
c. Temporary off-premises directional signs are permitted for a period not exceeding seven (7) consecutive days.
K. Mobile Home Parks - mobile home parks are prohibited.
L. Access Road - if a state highway is involved, no new driveway or other access shall be constructed until the proposed location, specifications and drainage plans have been submitted to and approved by the New Hampshire Commission of Public Works and Highways. If a Town road is involved, the proposed location, specifications and drainage plans shall be submitted to and approved by the Town Selectmen.
| ||
