Town of Nottingham, NH - VI. Dwelling Unit Requirements

A. Dwelling Unit Requirements and Setbacks

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.

2. There shall be between the property line, water's edge ("reference line" as described in RSA 483-B:4 XVII), and any building, a minimum distance of fifty (50') feet, twenty (20') feet for grandfathered non-conforming lots of less than two (2) acres, as of the date of passage (03/08/94), in all directions. Special exceptions to this ordinance may be granted by the Zoning Board of Adjustment based on weighing of the following considerations, but in no case shall less than twenty (20') feet be permitted for habitable structures or nonhabitable structures of fifty (50') square feet in area or greater:

a) whether the goal 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.

3. The Planning Board may require additional acreage for tracts of land which contain areas which are classified as unfit for building under definition article.

B. Lot Lines and Angles

1. Lot lines less than one (100') hundred feet in length or intersecting at less than sixty (60) degree angle shall be discouraged.

C. Dwelling Units on Single Tracts

1. When more than one (1) dwelling unit is to be constructed on a single tract or on abutting tracts of land under the same ownership, each shall be on a plot which satisfies all requirements of this Ordinance, Subdivision Regulations and Site Plan Review and shall require a formal subdivision process or site plan review.

D. Building Height - maximum building height shall be 34 feet measured from grade.

E. No structure shall be built or placed less than fifty (50') horizontal feet from any poorly drained hydric B soils and less than seventy-five (75') horizontal feet from any very poorly drained hydric A soils (wetlands).

F. A single one bedroom accessory apartment of not more than 420 square feet may be constructed on a lot not less than two (2) acres in area which has two hundred (200') contiguous feet of frontage, provided that the accessory apartment is directly connected to the primary single family dwelling unit and subject to Building Code VII B which conform to NH RSA 149-E:3-c,d.

G. Multifamily Development

The purpose of this article is to provide a flexible policy for quality multifamily development with the rural character, health and safety and welfare of the Town of Nottingham.

a. Duplex - shall mean a residential structure containing two (2) dwelling units. Each of the units shall have separate entrances and exits, and be separated by a common fire wall. Driveway and parking areas may be shared.

b. Multifamily Structure - shall mean a residential structure containing three (3) or more units, not to exceed four (4) units per building. Each of the units shall have separate entrances and exits and shall be separated by a common fire wall. Driveway and parking areas may be shared.

c. Multifamily Development Complex - shall mean two (2) or more multifamily structures on the same site.

d. Common Fire Wall - a common fire wall shall be constructed in accordance with current BOCA Basic Building Codes and of materials that meet all BOCA code minimum requirements.

a. Duplex - a duplex shall be permitted in any zone. Such structure shall meet the same minimum land (or density) requirements as that required for multifamily use in that zone. Such structure shall not require Site Plan Review.

b. Multifamily Dwellings - including condominiums, shall be permitted in all zones on sites approved by the Planning Board. Such developments must conform to all restrictions and regulations of the New Hampshire Department of Water Supply and Pollution Control and the Town of Nottingham Building Regulations. In addition, the multifamily development shall be subject to the Town of Nottingham Site Plan Review Regulations.

a. Land area duplex - the minimum land area for a duplex unit will be four (4) acres. The site shall contain a minimum of 120,000 square feet of contiguous upland buildable soils and be of sufficient size as to meet all setback requirements for residential use and meet all State of New Hampshire Water Supply and Pollution Control requirements for setbacks from wetlands.

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.

c. Frontage - the minimum frontage requirement shall be three (300') hundred feet on a Town or State maintained right-of-way.

d. Density - the minimum land for a multifamily structure (not including accessory unit) shall not be less than two (2) acres of land for each dwelling unit. Each residential structure shall not contain more than four (4) dwelling units. There shall be a minimum of sixty (60') feet between residential structures including attached garages.

e. Setback - setback requirements shall conform to Article VI A 2 with the exception of multifamily development complex, where the front setback shall be one (100') hundred feet from the public right-of-way and fifty (50') feet from internal roads.

f. Buffer Zone - for a multifamily development complex, there shall be minimum buffer zone of one hundred (100') feet provided between any structure and the perimeter of the tract. The intent of the buffer zone shall be to provide visual vegetative screening from adjacent lots. No dwelling structures, accessory buildings, septic systems, wells, utility boxes or service roads shall be permitted within the buffer zone.

g. Roads - all streets and parking areas within a multifamily development complex shall conform to the road specifications for the Town of Nottingham, Nottingham Subdivision Regulations and Site Plan Review. Any land dedicated as a right-of-way, public or private, shall be deducted land area for purposes of calculating density.

h. Driveways and Parking - multifamily structures shall be permitted only one (1) driveway access off an existing roadway. A minimum of three (3) parking spaces shall be provided for each dwelling unit.

i. Wastewater Disposal - wastewater disposal shall be provided by a community system, with no more than four (4) residential units on each system and shall be constructed and maintained in accordance with the standards of the Nottingham Building Regulations and the New Hampshire Water Supply and Pollution Control Division.

Nutrient loading analyses may be required by the Planning Board to demonstrate that ground water supplies shall be adequately protected.

Water shall be provided by a community supply constructed in accordance with the standards of the New Hampshire Water Supply and Pollution Control Division and the Town of Nottingham Building Regulations.

j. Utilities - any utilities, facilities, services, etc. shall be subject to inspection by the appropriate town officials or their designees. Any costs incurred shall be borne by the developer per subdivision regulation.

k. Fire Protection - fire protection shall be provided as recommended by the Town of Nottingham Fire Chief. Plans for such shall be submitted in conformance with the Nottingham Subdivision Regulations.

Proposals for multifamily development complex or multifamily structures shall be submitted to the Planning Board. The Board shall review such plans in accordance with the Planning Board duties under Site Plan Review. The Board shall approve or deny the proposal and any deviation from the approved plan shall constitute a violation of this ordinance.

In addition to such information required by Site Plan Review Regulations, the following shall be required:

a. Site Plan shall show all proposed buildings, lighting, parking areas, signs and landscaping at sufficient scale and detail to permit the study of the elements of the plan.

Elevations - typical elevation drawings and floor plans for all proposed buildings or other structures shall be submitted. No building shall exceed in height thirty- four (34') feet from existing grade.

Roads and Drainage plans shall be submitted showing road profiles and cross sections (as applicable for any town road), draining plans and calculations to demonstrate there will be no additional off-site drainage and plans of all utilities, if possible.

Fire protection Plan showing any proposed fire pond or other protection shall be submitted and approved by the Town Fire Chief.

b. Fees and Costs - in addition to usual application fees for Site Plan Review and impact assessments, the applicant shall be responsible for all costs incurred by the Town of Nottingham in review of the plans.

c. Special Studies - the Planning Board may require special studies and/or additional information that it deems necessary to carry out the purposes of the multifamily provisions. Such studies shall be contracted by the Town of Nottingham. Expenses shall be borne by the developer of the land under consideration.

d. Public Hearing - no multifamily structure shall be approved or disapproved without first affording the applicant and abutters a public hearing, thereon as provided for in the Subdivision Regulations and Site Plan Review.

e. Time Table - a time table for completion of site improvements for any multifamily development complex shall be established. The town shall require the necessary Letter of Credit to ensure compliance.

f. Regulations - the Town of Nottingham Subdivision Regulations, Site Plan Review Regulations and Building Regulations for the Town of Nottingham shall apply where applicable.

6. Design Requirements

In addition to the requirements of the Subdivision Regulations and the Site Plan Review Regulations, multifamily development complexes shall comply with the following design requirements:

a. Minimum Alteration to Site Features - Individual lots, building, streets and parking areas shall be designed and situated to minimize alteration of the site features to be preserved, to lessen the area devoted to motor vehicle access, to avoid adverse effects of noise, shadows and traffic and to retain aesthetic qualities.

b. Undeveloped Areas - undeveloped areas shall include irreplaceable natural features located in the tract (such as, but not limited to stream beds, significant stands of trees, individual trees of significant size, rock outcropping and marshes.) These should be distributed throughout the development from surrounding land uses. No common undeveloped areas shall be denuded, defaced, nor otherwise disturbed without prior written approval from the Planning Board.

Conservation easements shall be encouraged on all open space land and undeveloped areas. Open space is intended for passive recreational uses and wildlife habitat and shall be easily accessible to all units within the development.

c. Drainage - natural surface drainage channels shall be either incorporated into the overall site design or shall be preserved as part of the open space.

H. CLUSTER SUBDIVISIONS WILL NOT BE ALLOWED.

I. BACK LOT SUBDIVISION FOR SINGLE FAMILY DWELLINGS

1. Statement of Purpose

The purpose of this section is to allow for limited creation through subdivision of back lots, i.e. lots having less than the minimum contiguous frontage of two hundred (200') feet required under Article VI A 1.

2. Minimum requirements for lot to be subdivided in order to include a back lot

a. The lot to be subdivided must be a lot of record existing prior to the adoption of this ordinance (03/09/93).

b. The frontage of the lot to be subdivided must be less than four hundred (400') feet on a street complying with N.H. RSA 674:41. If greater than four hundred (400') feet, the lot does not qualify for a back lot subdivision.

c. The area of the lot to be subdivided must contain a minimum of six (6) acres.

a. This subdivision is restricted to a total of two (2) lots with one (1) single family dwelling per lot.

b. One lot created must contain a minimum of two hundred (200') feet frontage on a street complying with N.H. RSA 674:41, and a minimum of two (2) acres. This lot may not be further divided.

c. The other lot created must contain a minimum of twenty (20') feet frontage on a street complying with N.H. RSA 674:41, including curb cut for approved access and a minimum of two (2) acres. The access road to this lot must be at least twelve (12') feet wide and must be owned in fee simple by the owner of the lot to be accessed. This lot may not be further subdivided.

Both lots must comply with all other applicable Zoning Ordinance requirements.