Bedford City Zoning Code
Article
III Use and Dimensional Regulations
§ 275-10 General provisions.
Except as herein provided, no building or land shall be used except for the purposes permitted in the district as described in this article. A permit for the construction, alteration, enlargement, moving, demolition, or use of a building or structure shall not be issued by the Building Code Official unless it complies with the provisions of this article and/or has been granted a variance or special exception by the Zoning Board of Adjustment.
§ 275-11 Junkyards.
No junkyard or place for the storage of discarded machinery, vehicles, or other scrap materials shall be maintained in any district.
§ 275-12 Fires or other ruins.
No owner or occupant of land in any district shall permit a fire or other ruins to be left, but shall remove the same within one year.
§ 275-13 Prohibited uses.
Any persistent uses that may be obnoxious or injurious by reason of the production or emission of odor, dust, smoke, refuse matter, fumes, noise, vibration, or similar conditions or that are dangerous to the comfort, peace, enjoyment, health, or safety of the community are prohibited.
§ 275-14 Signage.
[Amended 7-13-2011; 3-28-2023]
No sign shall be constructed in any district unless it is in compliance with Article IX of this chapter.
§ 275-15 Parking.
[Amended 7-13-2011]
All development shall comply with the parking requirements specified in the Bedford Land Development Control Regulations and as required by the Planning Board.
§ 275-16 Duplex, multiple dwelling units and nonresidential development.
[Amended 3-12-1996]
All duplex and multiple dwelling units and nonresidential development shall comply with the Nonresidential Site Plan Review Regulations of the Town of Bedford.
§ 275-17 Sewage disposal.
All wastewater and sewage disposal systems shall be constructed and maintained in accordance with the standards set and enforced by the Water Supply and Pollution Control Division (WSPCD) of the New Hampshire Department of Environmental Services (NHDES).
§ 275-18 Trailers.
No person shall park or occupy any trailer on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, except as follows:
A.
The parking of one trailer in a private garage building or in a rear yard is permitted provided that said trailer is not occupied and the trailer belongs to the owner or lessee of the land it occupies.
B.
The temporary use of a trailer by a person engaged in adjoining construction work or for whom a residence is being built, provided that such use is shown to be a temporary expediency, may be permitted by the Zoning Administrator. The Zoning Administrator shall grant such permission for a period not to exceed three months excepting that he/she may renew in his/her discretion such permission at the expiration of said three-month period.
[Amended 3-8-1994]
C.
Any property owner or lessee may accommodate one trailer of a nonpaying guest in their rear yard for a period not exceeding 30 days in any one year.
§ 275-19 Excavations of earth materials.
No property owner shall permit any excavation of earth materials on his or her premises without first obtaining Planning Board approval in accordance with the Town of Bedford's Site Plan Regulations for Excavations.
§ 275-20 Capital facilities fees.
[Added 3-9-1993; amended 3-13-2001]
A.
Purpose. This section is enacted pursuant to RSA 674:21, and in order to:
(1)
Promote the public health, safety and welfare, and prosperity;
(2)
Ensure that adequate and appropriate facilities are available to individuals who may come to be located in the Town of Bedford;
(3)
Prevent scattered or premature development of land as would involve danger or injury to health, safety, or prosperity by reason of the lack of water supply, drainage, transportation, schools, fire protection, or other public services, or necessitate the excessive expenditure of public funds for the supply of such services;
(4)
Provide for the harmonious development of the municipality and its environs;
(5)
Ensure the proper arrangement and coordination of streets; and
(6)
Ensure streets of sufficient width to accommodate existing and prospective traffic.
B. IMPACT FEE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A fee or assessment imposed upon development, including subdivision, building construction, or other land-use change, in order to help meet the needs occasioned by the development for the construction or improvement of capital facilities owned or operated by the municipality, including and limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; stormwater, drainage and flood-control facilities; public road systems and rights-of-way; municipal office facilities; public school facilities; the municipality's proportional share of capital facilities of a cooperative or regional school district of which the municipality is a member; public safety facilities; solid waste collection, transfer, recycling, processing and disposal facilities; public libraries; and public recreation facilities, not including permanently unimproved open space.
C.
Authority to assess impact fees. The Planning Board is hereby authorized to assess impact fees, as herein defined, and in accordance with the standards herein set forth. The Planning Board shall have the authority to adopt regulations to implement the provisions of this chapter. Impact fee formulas may be adopted in the Bedford Zoning Ordinance, the Bedford Subdivision Regulations, and/or the Bedford Nonresidential Site Plan Regulations.
D.
Assessment methodology.
(1)
The amount of any impact fee shall be a proportional share of municipal capital improvement costs which is reasonably related to the capital needs created by the development, and to the benefits accruing to the development from the capital improvements financed by the fee.
(2)
Upgrading of existing facilities and infrastructures, the need for which is not created by new development, shall not be paid for by impact fees.
(3)
In the case of development created by a change of use, redevelopment, expansion, or modification of an existing use, the capital facilities fee shall be based upon the net positive increase in the impact created by the new use as compared to that which was or would have been assessed for the previous use.
E.
Administration of impact fees.
(1)
Each impact fee shall be accounted for separately, shall be segregated from the Town's general fund, may be spent upon order of the governing body, and shall be used solely for the capital improvements for which it was collected, or to recoup the cost of capital improvements made in anticipation of the needs for which fees are collected to meet.[1]
(2)
All impact fees shall be assessed at the time of Planning Board approval of a subdivision or site plan. When no Planning Board approval is required, or has been made prior to the adoption of this section, impact fees shall be assessed prior to, or as a condition for the issuance of a building permit or other appropriate permission to proceed with development.
[Amended 3-8-2005]
(3)
Impact fees shall be collected at the time a certificate of occupancy is issued. If no certificate of occupancy is required, impact fees shall be collected when the development is ready for its intended use.
[Amended 3-8-2005]
(4)
The Town of Bedford and the assessed party may establish an alternate, mutually acceptable schedule of payment of impact fees in effect at the time of subdivision plat or site plan approval by the Planning Board.
[Amended 3-8-2005]
(5)
If an alternate schedule of payment is established, the Town of Bedford may require developers to post bonds, letters of credit, accept liens, or otherwise provide suitable measures of security so as to guarantee future payment of the assessed impact fees.
[Amended 3-8-2005]
(6)
In the event that bonds or other debt instruments have been issued for public capital facilities which were constructed in anticipation of new development, or are issued for advanced provision of capital facilities identified in this chapter, capital facilities fees may be used to pay debt service on such bonds or similar debt instruments.
F.
Waiver and appeal of fees.
(1)
Any person may request from the Planning Board, a full or partial waiver of capital facilities fee payments required by this section where it can be shown that reduced impact or no new impact will be created due to mitigating circumstances.
(2)
On-site and off-site improvements which are required by the Planning Board as a result of subdivision or site plan review, including but not limited to extension of water and sewer mains or the construction of roads or other infrastructure, which would have to be completed by the developer regardless of the capital facilities fee provisions, shall not be considered eligible for waiver under this section. Any aggrieved party may appeal any decision under this § 275-20 to the Superior Court as provided for in RSA 677:15.[2]
G.
Refund of fees paid. Any fee payer shall be entitled to a refund of that fee, plus accrued interest where:
(1)
The capital facilities fee has not been encumbered or legally bound by the Town Council to be spent for the purpose for which it was collected within a period of six years from the date of the final payment of the fee; or
(2)
The Town Council has failed, within the period of six years from the date of the final payment of such fee, to appropriate the nonfee share of related capital improvement costs.
H.
Credits.
(1)
Land for capital facilities and/or public capital facility improvements may be offered by the fee payer as total or partial payment of the required fee. The offer must be determined to represent an identifiable dollar value computed in a manner acceptable to the Planning Board.
(2)
The Planning Board may authorize to the fee payer a capital facilities fee credit in the amount of the value of the contribution. Any claim for credit must be made no later than the application acceptance and public hearing on the development proposal before the Planning Board. Determinations made by the Planning Board pursuant to the credit provisions of this section may be appealed to the Superior Court as provided by RSA 677:15.
I.
Periodic review of fee schedules. The capital facilities fee schedules found in the Bedford Land Development Control Regulations shall be reviewed annually by the Planning Board using the methodology established in the schedules. Such review may result in the Planning Board recommending to the Town Council that adjustments be approved in one or more of the fees. Adjustment of the fees shall not be approved more frequently than once per fiscal year. Schedule adjustments to the recreation impact fee or the Kilton Road impact fee which would change the methodology prescribed in the Bedford Land Development Control Regulations shall be made only by amendment to this chapter.[3]
J.
Applicability. This chapter shall not be deemed to affect the existing authority of the Planning Board over subdivisions and site plans, including but not limited to the authority to declare a development to be premature or scattered in accordance with the regulations of the Board and in accordance with RSA 674:36, II(a).
§ 275-21 Use regulations.
[Amended 3-9-1993; 3-11-1997; 3-9-1999; 3-14-2000; 3-11-2003; 3-8-2005; 3-11-2008; 3-10-2009; 3-9-2010; 7-13-2011; 3-13-2012; 3-11-2014; 3-8-2016; 3-14-2017; 3-12-2019; 3-8-2022; 3-28-2023; 3-12-2024; 3-11-2025]
The following Subsections A through F below refer to the Table 2, Table of Uses, which is located at the end of this chapter.
A.
Uses permitted by right.
(1)
A use listed in the Table of Uses is permitted as a matter of right in the district in which it is denoted by the letter "P," subject to all other applicable local, state, and federal regulations.
(2)
Wireless telecommunications facilities. Facilities that are less than six feet in height, mounted at ground level or mounted on a building, and less than 200 square feet in area (such as residential satellite dishes and TV antennas) shall be permitted by right in all zoning districts, subject to the existing building setback requirements of each zoning district, and no building permit shall be necessary for erections of such a facility.
B.
Uses permitted by right with conditions imposed.
(1)
"P" listings in Table of Uses. A use listed in the Table of Uses and denoted by the letter "P" and a superscript number (footnote) indicates a use that is permitted by right only when in compliance with the conditions imposed as specified in the appropriate footnote(s); subject to all other applicable local, state, and federal regulations.
(2)
Senior housing. Senior housing shall be permitted in the zoning districts as set forth in Table 2[1] subject to the following provisions:
(a) SENIOR HOUSING[1]
Definition. As used in this section, the following terms shall have the meanings indicated:
Any housing intended and operated for occupancy by at least one person 55 years of age and older. All senior housing developments shall include a minimum of 10% of the units as affordable housing for low-income senior persons. The affordable owner-occupied or rental units shall be subject to the income limits and maximum monthly rent and purchase price limitations as specified in the definition “workforce housing” provided in § 275-6 of this chapter.
(b)
Dimensional regulations.
[1]
Minimum lot area shall be one acre;
[2]
Minimum lot frontage shall be 100 feet on a Class II, IV, or V roadway;
[3]
Minimum setbacks shall be 35 feet at the front yard and 25 feet at the side and rear yards;
[4]
Maximum building height shall be 48 feet; and
[5]
Minimum green space shall be 30% of the total site acreage.
(c)
Density. A maximum of 12 dwelling units per acre of net developable area shall be permitted. Net developable area is the area of that portion of the tract which remains after deducting the cumulative areas of all surface water bodies; wetlands; and public/private rights-of-way for streets and utilities. In the case of mixed-use sites, building footprints and paved areas for parking and circulation which do not also serve the senior housing development shall be deducted.
(d)
Special conditions. Senior housing shall be served by municipal sewer, municipal water, and structures shall be fully sprinklered.
(e)
Site plan. Senior housing proposals shall be subject to the provisions of the Site Plan Review Regulations of the Town of Bedford.
[1]
Editor's Note: Table 2 is included at the end of this chapter.
(3)
Senior housing in cluster residential developments. Senior housing shall be permitted in cluster residential developments in the Residential/Agricultural Zone and the General Residential Zone subject to the following provisions:
(a)
Definition. The term "senior housing" as used in this section shall mean housing intended and operated for occupancy by at least one person 55 years or older per unit.
(4)
Workforce housing. Townhouse workforce ownership and rental housing shall be permitted in the General Residential (GR), Apartment Residential (AR), Service Industrial (SI) and Performance (PZ) Zoning Districts. Garden Style Multifamily buildings shall be permitted in the Performance Zone (PZ), Apartment Residential (AR) and Service Industrial (SI) Zone, subject to the following provisions:
(a)
Development criteria.
[1]
At least 10% of the units in the development meet the affordability requirements for workforce housing in § 275-6 of this chapter.
[2]
Retain the development criteria and affordability standards herein for a minimum period of 30 years through a suitable deed restriction, easement or other instrument deemed acceptable to the Bedford Planning Board and as monitored through annual reports for workforce rental housing units and prior to the time of unit sale or resale for workforce ownership units provided to the Bedford Planning Department.
[3]
Occupancy in the development is not restricted to any age group.
[4]
The development provides more than 50% of the units in the development with two or more bedrooms.
[5]
Workforce housing units shall be similar in exterior appearance and otherwise visually indistinguishable from market-rate units and dispersed throughout the development.
[6]
Workforce housing units must be constructed in proportional relationship to market-rate units in the development, and all workforce housing units must be completed and made available for sale or rental before the final 10% of the market-rate units are approved for occupancy.
[7]
Townhouse and garden style multifamily buildings are subject to architectural design review by the Planning Board.
(b)
Dimensional regulations.
[1]
In the AR, Performance Zone (PZ) and Service Industrial (SI) Zones:
[a]
Minimum lot area shall be one acre;
[b]
Minimum lot frontage shall be 100 feet on a Class II, IV, or V roadway;
[c]
Minimum setbacks shall be 35 feet at the front yard and 25 feet at the side and rear yards;
[d]
The building height shall be compatible with the character of the surrounding neighborhood and shall not exceed 48 feet in the Apartment Residential (AR) and Service Industrial (SI) Zones and 60 feet in the Performance Zone (PZ).
[e]
Minimum green space shall be 30% of the total site acreage.
[2]
The dimensional standards listed in Subsection B(4)(b)[1] above shall apply to workforce housing in the GR Zone except for the following: Maximum building height shall be 35 feet.
(c)
Density.
[1]
In the AR, PZ and SI Zones, a maximum of 12 dwelling units per acre of net developable area shall be permitted. There shall be a maximum of six attached dwelling units in any townhouse structure in the PZ, AR and SI Districts and no limitation as to the maximum number of dwelling units permitted in any single garden style multifamily building in the PZ District.
[a]
Net developable area is that portion of the tract which remains after deducting the land area of all surface water bodies; wetlands; and public/private rights-of-way for streets and utilities. In the case of mixed-use sites, building footprints and paved areas for parking and circulation, which are not also used by the workforce housing development, shall be deducted.
[2]
In the General Residential (GR) District, density shall be limited to a maximum of six dwelling units per net developable area, with a maximum of four attached townhouse dwelling units in any single building or structure.
(d)
Special conditions. Workforce housing shall be served by municipal sewer and municipal water, and structures shall be fully sprinklered.
(e)
Site plan. Workforce housing proposals shall be subject to the provisions of the Site Plan Review Regulations of the Town of Bedford.
(5)
Workforce ownership housing in the Residential and Agricultural (R&A) District shall be permitted subject to the following provisions:
(a)
In the Residential and Agricultural (R&A) District, a landowner may subdivide a back lot for the exclusive use of siting not more than one single-family detached workforce ownership housing unit. The lot shall comply with the development criteria in § 275-2B(4). The minimum road frontage for a back lot may be reduced to not less than 50 feet and the lot must contain a minimum width of 150 feet at the location selected for residential building construction. The back lot shall otherwise conform with all applicable requirements of Table 1, Table of Dimensional Regulations.[2]
[2]
Editor's Note: Table 1 is included as an attachment to this chapter.
(b)
(Reserved)
(c)
Workforce ownership units must retain the development criteria and affordability standards herein for a minimum period of 30 years through a suitable deed restriction, easement or other instrument deemed acceptable to the Bedford Planning Board (the "affordability restriction") and as monitored through reports provided to the Bedford Planning Department prior to the time of unit sale or resale; and the thirty-year affordability restriction shall recommence upon the sale of workforce ownership property subject to the affordable restriction if the workforce ownership property is sold prior to the expiration of the current affordability restriction.
C.
Uses permitted by special exception.
(1)
"S" listings in Table of Uses. A use listed in the Table of Uses and denoted by the letter "S" may be permitted as a special exception if such approval is granted by the Zoning Board of Adjustment in accordance with the conditions set forth in § 275-91C, Special exceptions, of this chapter; subject to all other applicable local, state, and federal regulations. Footnote conditions may also be specified in addition to the special exception requirements.
(2)
(Reserved)
(3)
Nursing homes. Nursing homes shall be permitted in the General Residential Zoning District by special exception of the Zoning Board of Adjustment, subject to existing standards set forth in § 275-91C, Special exceptions, of this chapter and with these further conditions:
(a)
The lot shall be a minimum of five acres;
(b)
The site shall comply with the buffer zone requirements of § 275-21F(2) of this chapter; and
(c)
The site shall be served by municipal sewer and municipal water.
D.
Prohibited uses. Prohibited uses shall be denoted by a (-) in the Table of Uses. Unless a use is specifically permitted in a district as indicated in the Table of Uses, it shall be prohibited.
E.
Nonconforming uses. Refer to § 275-91C, Special exceptions, for provisions regarding nonconforming uses.
F.
Supplemental provisions.
(1)
Home occupations.
(a)
In the zoning districts which permit the establishment of a home occupation, there shall be two classes of home occupations identified as Level I and Level II. All home occupations must comply with the following provisions:
[1]
Not more than one commercial vehicle in connection with such home occupation shall be stored on the premises;
[2]
No more than 650 square feet of the existing net floor area of the principal building, including any attached garage or barn, shall be devoted to such use;
[3]
There shall be no display of goods or wares visible from the street; and
[4]
The building and premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood because of exterior appearance, traffic, emissions of odor, smoke, dust, noise, electrical disturbance, on-site storage of hazardous materials as determined by the Bedford Fire Department, or in any other way.
(c)
All other home occupations shall be defined as Level II home occupations and shall require a home occupation permit hearing and approval from the Planning Board. The following provisions shall apply specifically to Level II home occupations:
[1]
The home occupation shall be carried on strictly by the owner of the principal building, who shall also reside in said building. Should the owner move his/her residence, the home occupation must be discontinued within three months;
[2]
No more than two nonresidents shall be employed or otherwise engaged in the conduct of the business therein;
[3]
A minimum of two off-street parking spaces shall be provided plus 1 1/2 spaces per employee;
[4]
If the home occupation is a day-care facility, no more than 12 children shall be permitted, and a minimum of 50 square feet of outside play area for each enrolled child shall be provided. No portion of the outside play area shall be located within 25 feet of the side or rear property lines. In addition, off-street parking must be provided for employees plus an appropriate off-street area for dropoff and pickup of children must also be provided;
[5]
Septic system design/capacity for home occupations that have any nonresident employees or that utilize large water or wastewater volumes, such as day-care facilities, hair salons, and catering services, shall be verified in writing by a licensed New Hampshire septic designer or a professional engineer; and
[6]
A certificate of occupancy for the proposed use shall be issued by the Building Code Official to verify conformance with the preceding standards.
(2)
Buffer zone.
(a)
A buffer zone shall be provided along the property line of a development in the Apartment Residential Zone or any type of commercial or industrial development which abuts or is directly across the street (excluding a limited access highway) from a General Residential Zone, Residential and Agricultural Zone, or a Civic and Institutional Zone in the following manner:
[1]
Function and materials. The buffering shall provide a year-round dense visual screen in order to minimize adverse impacts. It shall consist of evergreen trees and existing vegetation or, upon approval from the Planning Board, may include fencing, berms, boulders, mounds, deciduous vegetation, or combinations thereof to achieve the same objectives.
[2]
Buffer strip width.
[a]
The width of the required buffer strip shall be calculated by the formula of 25 feet plus one foot of horizontal distance for each one foot of vertical building height, for a total buffer width of not less than 50 feet.
[b]
Building height shall be measured from the lowest existing grade along the abutting residential/civic property line to the soffit (or highest horizontal support) of the proposed building which is visible from the abutting zoning district.
[3]
Design and planting specifications.
[a]
Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. No parking, roadway, or structure shall be located within any part of the buffer.
[b]
The vegetative planting portion of the buffer shall be at least 25 feet in width and shall consist of evergreen trees, of which 1/3 of the trees shall be at least eight feet in height and the remainder not less than six feet in height at the time of planting and shall include a mixture of varieties which do not lose lower branches, such as Austrian pine and spruce.
[c]
Trees shall be planted 10 feet on center and shall be staggered in parallel, serpentine, and/or broken rows.
[d]
Plantings shall be installed according to accepted horticultural standards and shall be maintained regularly.
[e]
Dead and dying plants shall be replaced by the property owner during the next planting season.
(b)
The diagram in Figure 13, Buffer Zone Planting Diagram, illustrates the concepts discussed above.[3]
[3]
Editor's Note: Figure 13 is included as an attachment to this chapter.
G.
Boarding- , lodging, or rooming house. Boarding- , lodging, or rooming houses shall not be permitted in any zoning district.
H.
Alternative treatment centers. Pursuant to the authority provided in RSA 674:21, the Planning Board may grant a conditional use permit for an alternative treatment center (cultivation location) in the Service Industrial District (SI District) and may grant a conditional use permit for an alternative treatment center (non-cultivation location) in the Performance District (PZ District).
(1)
Purpose and intent. The purpose of this subsection is to implement NH RSA 126-X, authorizing the use of therapeutic cannabis, and to regulate the location and operations of alternative treatment centers, so as to promote and protect the public health, safety and welfare of the residents of the Town of Bedford. The intent of this Subsection is to:
(a)
Provide for the safe sale and distribution of therapeutic cannabis to patients who qualify to obtain, possess and use cannabis for medical purposes under RSA 126-X and as managed by the New Hampshire Department of Health and Human Services; and
(b)
Protect public health and safety through reasonable limitations on business operations as they relate to location, noise, air, building, neighborhood and patient safety, security for the business and its personnel, and other health safety concerns.
(2)
The following criteria must be satisfied in order for the Planning Board to grant a conditional use permit for an alternative treatment center:
(a)
An alternative treatment center shall not be located within 1,000 feet of the property line of a public or private elementary or secondary school or designated drug-free zone.
(b)
An alternative treatment center (non-cultivation location) shall not be located within 1,000 feet of a residential district (R&A, AR, GR).
(c)
The alternative treatment center shall be located in a permanent building and may not be located within a trailer, manufactured home, cargo container, or any structure that has axles with wheels. Drive-through services at an alternative treatment center are prohibited.
(d)
Hours of operation shall be approved by the Planning Board.
(e)
The alternative treatment center shall provide for the proper disposal of cannabis remnants or byproducts, which remnants or byproducts shall not be placed in the facility's exterior refuse containers.
(f)
A security plan shall be reviewed and approved by the Bedford Police Department. The security plan must take into account the measures that will be taken to ensure the safe delivery of any product to the facility (including permitted times for delivery), how the product will be secured onsite, and how patient transactions will be facilitated in order to ensure safety. The applicant shall provide to the Police Department a detailed narrative and floor plan, as well as any other relevant documentation, describing how the alternative treatment center shall be secured.
(g)
The use of cannabis is prohibited on the property.
(h)
The alternative treatment center shall emit no cannabis-related fumes, vapors, or odors which can be smelled or otherwise perceived from beyond the lot lines or the property where the facility is located.
I.
Accessory attached apartment. One accessory attached apartment shall be permitted in single-dwelling residences in the General Residential (GR) District and the Residential and Agricultural (R&A) District with these stipulations:
(1)
An accessory apartment shall be clearly incidental to the primary use of the property for a single dwelling, and such accessory living space shall not exceed 1,000 square feet;
(2)
An accessory apartment shall either be constructed within or attached to a single dwelling;
(3)
The primary residence and the accessory apartment shall be connected by an interior doorway such that the accessory apartment is attached to the primary residence through habitable interior space.
(4)
Septic system design/capacity shall be approved by the New Hampshire Department of Environmental Services;
(5)
No new entrance or exit to an accessory apartment shall be constructed facing the front of the single dwelling;
(6)
One parking space shall be provided for an accessory apartment, and no new curb cut from the street shall be constructed; and
(7)
Exterior construction and materials shall be uniform with the single dwelling.
J.
Accessory detached apartment.
(1)
The Planning Board may grant a conditional use permit to allow one accessory detached apartment on parcels containing a single-family dwelling in the Residential and Agricultural District (R&A). An application for a conditional use permit shall provide adequate documentation in order for the Planning Board to make a finding that the modification meets the criteria listed below. The Planning Board may, in its discretion, decline to grant a conditional use permit if the Board determines the criteria below are not satisfied.
(2)
The Planning Board may grant a conditional use permit, provided the Board finds that all of the following criteria are met:
(a)
Only one accessory apartment, either attached or detached, shall be permitted per lot.
(b)
The accessory detached apartment shall be clearly incidental to the primary use of the property for a single dwelling, and shall not have a gross floor area greater than 50% of the gross floor area of the single-family dwelling or greater than 1,000 square feet, whichever is less.
(c)
Septic system design capacity shall be approved by the New Hampshire Department of Environmental Services.
(d)
One parking space shall be provided for an accessory apartment, and no new driveway curb cut from the street shall be constructed.
(e)
The property shall be at least 1.5 acres in size.
(f)
The accessory detached apartment or lot shall not be converted to a condominium or any other form of legal ownership distinct from the ownership of the single dwelling.
(g)
The accessory detached apartment shall have no more than two bedrooms.
(h)
The accessory detached apartment shall be located in the rear yard or side yard of the lot.
(i)
Exterior design of a detached accessory apartment shall be compatible with the existing single dwelling through use of similar construction materials, architectural design and scale.
(j)
In granting a conditional use permit pursuant to this section, the Planning Board may impose any reasonable conditions or restrictions deemed necessary to carry out the intended purpose of the Zoning Ordinance.
K.
Solar energy systems. Pursuant to the authority provided in RSA 674:17I(j) and the purposes outlined in RSA 672:1, Subsections I through III-a, as amended, the purpose of this subsection is to facilitate the effective and efficient use of solar energy systems while protecting the public health, safety and welfare of the residents of the Town of Bedford. Solar energy systems are permitted in all zoning districts, subject to the following provisions:
(1)
A building permit is required for all solar energy systems constructed, reconstructed, installed, moved or maintained within the Town of Bedford and shall comply with the following regulations:
(a)
Zoning. Roof-mounted and small-scale ground-mounted solar energy systems are a permitted accessory use within all zones, whether as part of a structure or incidental to one or more structures.
(b)
Height. Roof-mounted solar energy systems are exempt from maximum building height limits outlined in Chapter 275, Attachment 1 (Table 1 — Table of Dimensional Regulations), and Chapter 275, Attachment 3 (Table 3 — Table of Performance Dimensional Standards). Ground-mounted solar energy systems may be up to 20 feet in height, measured from the natural grade at the base of the system to the highest point of the system, when oriented at maximum design tilt.
(c)
Setback. All ground-mounted solar energy systems shall comply with the setback requirements of the underlying zoning district and shall be measured from the closest point of the system, when oriented at maximum design tilt.
(d)
Yard. Ground-mounted solar energy systems accessory to a principal use in the RA, GR, and AR Districts shall be installed in the side or rear yard and in all other districts to the extent practicable.
(e)
Lot coverage and impervious surface. The area covered by ground-mounted solar energy systems, where the ground beneath is permeable or pervious, shall not be included in calculations for lot coverage or impervious cover. All solar energy system installations shall comply with state and local permit requirements for land disturbance and alteration of terrain.
(f)
Minimum construction standards. All solar energy systems shall conform to applicable building, electrical and fire codes.
(g)
Glare. Solar energy systems shall be designed and located in order to prevent reflective glare toward inhabited buildings on adjacent properties and adjacent rights-of-way.
(h)
Abandonment and decommissioning. Solar energy systems shall be deemed to be abandoned if operations have discontinued for more than six months without the written consent of the Planning Director. An abandoned system shall be removed and the site restored within six months of abandonment.
(2)
The following criteria must be satisfied in order for the Planning Board to grant a conditional use permit for a solar energy system:
(b)
The development in its proposed location will comply with all applicable requirements of the Bedford Site Plan Regulations not otherwise covered in this section, as well as specific conditions established by the Planning Board.
(c)
The use will not materially endanger the public health or safety.
(d)
The use shall comply with the buffer zone requirements in § 275-21F(2) of the Bedford Zoning Ordinance.
(e)
The use shall provide adequate screening to ensure adjacent property values are not adversely impacted. The required screening may consist of existing vegetation and/or the installation of site-specific screening such as evergreen landscaping, suitable fencing or a combination thereof. The screening shall be maintained during the operative lifetime of the solar energy system conditional use permit. As deemed appropriate, all applications shall submit a detailed buffering plan demonstrating how the proposed solar energy system will be effectively screened. The Planning Board may require reasonable mitigation, to include the angle of panels, details on the antireflective nature of the panel coating or any additional specific screening to minimize resulting impacts, or any reasonable conditions or restrictions deemed necessary to carry out the intended purpose of this subsection.
L.
Cottage court housing.
(1)
Pursuant to authority of RSA 674:21, the Planning Board may grant a conditional use permit (CU), allowing for the development of cottage court housing in the General Residential (GR), Commercial (CO), Commercial-2 (CO-2), Performance Zone (PZ) and Office (OF) Districts.
(2)
The Planning Board may grant a conditional use permit in accordance with this subsection, upon reaching a determination that an applicant has successfully demonstrated that the proposal meets the purpose statements and development standards specified below.
(3)
Purpose. The purpose of cottage court housing includes the following:
(a)
Encourage innovation and variety in housing design and site development while ensuring compatibility with existing neighborhoods;
(b)
Promote infill development and redevelopment within established neighborhoods that is built at a scale and character consistent with existing development patterns;
(c)
Encourage efficient use of land and compact development that is pedestrian-scaled, attractive, healthy, and safe;
(d)
Promote a variety of housing choices within Bedford to meet the needs of a population diverse in age, income, household composition and individual needs; and
(e)
Provide property owners with flexibility to achieve high quality design and develop projects that strengthen existing neighborhoods.
(4)
Cottage court housing development standards.
(a)
Cottage court housing shall be served by a public water supply.
(b)
Properties with access to public water and municipal sewer may be permitted a maximum of 10 units per acre of net developable area.
[1]
Net developable area is the area of that portion of the tract which remains after deducting the cumulative areas of all surface water bodies; wetlands; and public/private rights-of-way for streets and utilities. In the case of mixed-use sites, building footprints and paved areas for parking and circulation which do not also serve the development shall be deducted.
(c)
The density for properties without access to municipal sewer shall be limited by the characteristics of the onsite soils as determined by NHDES standards for subsurface disposal system. In no case shall the density exceed 10 units per net developable area as defined above.
(d)
The minimum lot size for the development tract for cottage court housing shall be the same as the respective zoning district, detailed in Table 1, Table of Dimensional Regulations.
(e)
The maximum building coverage for the development tract for cottage court housing shall be the same as the respective zoning district, detailed in Table 1, Table of Dimensional Regulations.
(f)
The cottage court housing shall contain a minimum of four units. The units may be designed to be in clusters of not more than 12 units.
(g)
Cottage units shall be a condominium form of ownership.
(5)
Cottage court housing design standards. The design standards contained in this subsection are intended to create a small community of cottages oriented around common open space, that is pedestrian-oriented and minimizes the visibility of off-street parking. These design standards are intended to ensure that cottage court housing includes pedestrian amenities and preserves existing natural features on the site including topography and vegetation. The cottage housing development design standards are also intended to set consistent design standards for the cottages and to ensure the developments are consistent with the community character.
(b)
Covered porches.
[1]
All residences in cottage housing developments shall be provided with a covered main entry porch to create a private outdoor space protected from the weather and provide a transition from the interior private residential space to the semi-private outdoor space.
[2]
Covered porches shall be usable both in design and dimension and shall be at least 60 square feet in size. The floor of the covered main entry porch shall have minimum dimensions of not less than five feet in any direction.
(c)
Common open space.
[1]
Common open space is land that is commonly owned by all members of the cottage court housing development. It is intended that the common open space be centrally located and used by all occupants of the development.
[2]
A minimum of 800 square feet of contiguous common open space per cottage unit is required. The parking areas, yard setbacks, spaces between buildings of 10 feet or less in width, private open space, landscape islands within parking areas, and driveways do not qualify as common open space.
[3]
At least 90% of the cottage units shall abut a common open space and all cottage units shall be within 60 feet of walking distance to the nearest point of the common open space. The common open space shall have cottages abutting at least two sides.
(d)
Private open space.
[1]
Each residential unit in a cottage housing development shall be provided with a minimum area of outdoor private open space not less than 150 square feet and not narrower than eight feet.
[2]
The private open space shall create a sense of privacy and shall be oriented to take advantage of solar orientation and other natural features to create a small but pleasant private yard area.
[3]
The private open space may be separated from the common open space with a small hedge, picket fence, or other similar visual separation to create a sense of separate ownership.
(e)
Architectural standards.
[1]
The maximum ground floor area shall not exceed 1,000 square feet and the gross floor area of the cottage shall be a minimum of 500 square feet and shall not exceed 1,500 square feet.
[2]
The Planning Board shall have architectural design review of the cottage units. The units shall be designed with careful attention to detail and shall have a common design theme.
[3]
Garages shall be located to the side or rear of the cottage unit.
(g)
Landscaping and tree conservation.
[1]
Cottage court housing developments shall be designed to incorporate existing trees to the greatest extent possible. New trees shall be located to create amenities in the common open space, private open space, provide shade where appropriate, to create separation between buildings, and to screen and soften the perimeter of parking areas and street facing sides of cottage housing developments.
(h)
Off-street parking and pedestrian pathways.
[1]
A minimum of 1.5 parking spaces shall be provided per unit.
[2]
Off-street parking shall be located to side or rear of the cottages or accessed by common private driveways.
[3]
Parking areas shall be attractively landscaped to screen parking from adjacent properties and street rights-of-way and shall meet applicable parking lot landscape standards.
[4]
The parking, cottages, and common open space shall be connected with pedestrian pathways to the greatest extent possible.
(6)
Site plan review. Applications for cottage court housing shall be subject to site plan review, and the site plan application and conditional use permit shall be filed concurrently.
(7)
Conditional use permit. In granting a conditional use permit pursuant to this section, the Planning Board may impose any reasonable conditions or restrictions deemed necessary to carry out the intended purpose of cottage court housing.
§ 275-22 Dimensional regulations.
A.
General provisions. No building or structure shall be erected, enlarged, altered or moved, nor shall any existing lot size be changed or new lot created, except in accordance with Table 1, Table of Dimensional Regulations, or as otherwise specified herein. (See Table 1 at the end of this chapter.)
B.
Incentive bonus dimensional standards. In recognition of the need to protect the overall integrity and character of the Route 101 highway corridor, as well as to promote a system of access management for properly servicing parcels within this highway corridor, incentive bonus standards have been created as a means for rewarding those who choose to voluntarily develop their properties in a way that is most compatible with the stated goals of the Route 101 Corridor Study, 2002.
(1)
Deeded rights-of-way.
(a)
Land abutting Route 101. Individuals who voluntarily agree to provide easement deeds over that portion of their land that is zoned Commercial or Commercial with Historic District Overlay and is within 50 feet of the present center line of Route 101, thereby reserving this easement area for future widening or similar improvements, may be compensated by being allowed to develop the remainder of their property to an extent greater than that allowed by the maximum impervious coverage requirements otherwise permitted by Footnote 18 of Table 1, Table of Dimensional Regulations.[1] The amount of excess impervious coverage can be calculated by the formula shown in Figure 1.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
(b)
Land for future service roads. Individuals who voluntarily agree to provide fee simple deeds over that portion of their land that is zoned Commercial, Commercial-2 or Commercial with Historic District Overlay and is shown on a plat approved by the Bedford Planning Board for a new municipal service road to facilitate access management for Route 101 may be compensated by being allowed to develop the remainder of their property to an extent greater than that allowed by the maximum impervious cover requirements otherwise permitted by Footnote 18 of Table 1, Table of Dimensional Regulations. The amount of excess impervious coverage can be calculated by the formula shown in Figure 1.[2]
[Amended 3-13-2012]
[2]
Editor's Note: Figure 1, Incentive Bonus Formula, is included as an attachment to this chapter.
(2)
Land for shared-access driveways. Individuals who voluntarily agree to provide easement deeds over that portion of their land that is zoned Commercial, Commercial-2 or Commercial with Historic District Overlay and is shown on a site plan approved by the Bedford Planning Board for a shared-access driveway to facilitate access management for Route 101 may be compensated by being allowed to develop the remainder of their property to an extent greater than that allowed by the maximum impervious coverage requirements otherwise permitted by Footnote 18 in Table 1, Table of Dimensional Regulations. The amount of excess impervious coverage can be calculated by the formula shown in Figure 2.[3]
[Amended 3-13-2012]
[3]
Editor's Note: Figure 2, Incentive Bonus Standard for Shared Access to Route 101 and Interconnecting Parking Lots, is included as an attachment to this chapter.
C.
Corner sight area.
[Added 3-11-2014]
(1)
For the purposes of this subsection, "corner sight area" means the portion of a corner lot lying within a triangle area formed by measuring 20 feet from the corner of the lot along each property line adjacent to the intersecting street, and then connecting the two points.
(2)
No planting, wall, fence, sign, or other object that creates an obstruction to motorists' vision shall be planted, erected or maintained higher than 1 1/2 feet above the adjoining street grade within the corner sight area. This does not apply to naturally accumulating snow or snowplowing activities conducted by a Town or state agency.
D.
Accessory structures shall comply with front, side and rear yard setbacks in accordance with Table 1, Table of Dimensional Regulations; except within the General Residential (GR) District and the Residential Agricultural (R&A) District, where one accessory structure of 120 square feet or less may have a minimum setback of five feet from the side or rear property line, provided the structure is not higher than 12 feet and is not placed on a permanent foundation. The wetland setback provisions found in Article IV, § 275-28, shall not apply to the one-hundred-twenty-square-foot accessory structure described above. Treehouses and play structures that are not permanently affixed to the ground shall be exempt from the dimensional requirements in this section.
[Added 3-8-2016; amended 3-13-2018; 3-28-2023]
§ 275-23 Nonconforming lots, structures and uses.
A.
Nonconforming lots.
(1)
Structures shall be permitted on a lot having frontage or an area which is less than that required by Table 1, Table of Dimensional Regulations,[1] if said structure is permitted by right within that district and if the following provisions are met:
(a)
The lot was a legal lot of record and duly recorded at the Hillsborough County Registry of Deeds prior to the adoption of the original Zoning Ordinance on December 19, 1953, or the lot was otherwise legally created after December 19, 1953;
[Amended 3-8-2011]
(b)
The lot is capable of supporting a well and septic system designed and installed in compliance with all applicable Town and State of New Hampshire Water Supply and Pollution Control Division regulations;
(c)
All uses, buildings, structures, wells, or septic systems shall comply with the setback requirements in the Table of Dimensional Regulations; and
(d)
Sufficient frontage to accommodate a private driveway intersecting with a public highway (except Class I or VI), or an approved subdivision road located in the Town of Bedford must be available.
[Added 3-12-1996]
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
(2)
If two or more lots of record are contiguous and in single ownership on or after the effective date of this chapter (March 13, 1991) and if any of said lots are vacant and do not comply with the dimensional requirements of frontage and area, then those lots shall be considered to be an undivided parcel for the purposes of this chapter. This provision shall not apply to lots in a subdivision approved by the Planning Board or to lots otherwise legally created after December 19, 1953. The provisions of this section shall not apply to nonconforming lots acquired by a person or entity on or after September 18, 2010. Any lots that were merged between March 13, 1991 and September 17, 2010, pursuant to this provision may be restored back to their original state with approval by the Planning Board, so long as they conform with Subsection A(1) of this § 275-23.
[Amended 3-10-1998; 3-8-2011]
(3)
No portion of said parcel shall be used or sold in a manner which diminishes compliance with frontage and area requirements established by this chapter, nor shall any division be made which creates a lot with frontage or area below said requirements. Further, yard dimensions and requirements, other than those applying to area and frontage, shall conform to the regulations for the district in which the lot is located.
B.
Nonconforming structures.
(1)
Where a lawful building or structure exists at the effective date of this chapter, or applicable amendment, that could not be built under the terms of this chapter or amendment by reason of restrictions on area, lot coverage, height, yards, or other dimensional requirements, the building or structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a)
No such nonconforming building or structure may be enlarged or altered in a way which increases its nonconformity, but any building or structure or portion thereof may be altered to decrease its nonconformity;
(b)
A nonconforming building or structure which is destroyed by fire or other hazard may be restored to its former bulk, provided that it was not destroyed voluntarily and restoration is begun within 12 months after the act of destruction; and
(c)
Should a nonconforming building or structure be intentionally moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
C.
Nonconforming uses. Where on the effective date of adoption of this chapter or applicable amendment, a lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided that:
(1)
No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(2)
No such nonconforming use shall be moved, in whole or in part, to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment of this chapter;
(3)
If any such nonconforming use of land ceases for any reason for a period of more than 12 consecutive months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such use is located;
(4)
No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land; and
(5)
No junkyard may continue as a nonconforming use for more than one year after the effective date of the adoption of the first Zoning Ordinance of the Town of Bedford, except that a junkyard may continue as a nonconforming use in a commercial or industrial district if within that period it was screened, not less than eight feet in any case as to screen completely the operations of the junkyard. Plans of screening shall have been approved by the Planning Board before the screening was erected.