The city is hereby divided into the following zoning districts:

(Ord. No. 181, § 2.6, 4-12-78; Ord. No. 195, § 1, 9-5-79; Ord. No. 280, § 1, 9-24-87; Ord. No. 359, 7-13-94; Ord. No. 477, § 4, 8-9-06; Ord. No. 531, § 1, 4-10-2013)

The following maps are on file in the office of the zoning administrator. They and any amendments thereto, duly adopted, are hereby made a part of this chapter by reference.

(1)

Zoning Map #1 entitled "Rural Area Zoning Map," dated September 12, 2007, as amended and updated as of March 9, 2011.

(2)

Zoning Map #2 entitled "Urban Area Zoning District Map," dated September 12, 2007, as amended and updated as of March 4, 2013.

(3)

Zoning Map #3 entitled "Airport Approach District Map," dated December 10, 1975, as amended May 1988.

(4)

Zoning Map #4 entitled "Flood Boundary and Floodway Map and Flood Insurance Rate Map," with an effective date of May 23, 2006.

(Ord. No. 181, § 2-7, 4-12-78; Ord. No. 195, § 3, 9-5-79; Ord. No. 217, § 1, 4-14-82; Ord. No. 231, § 4, 8-24-83; Ord. No. 236, §§ 4, 5, 12-14-83; Ord. No. 280, § 2, 9-24-87; Ord. No. 281, § 1, 10-14-87; Ord. No. 299, § 2, 12-14-88; Ord. No. 329, § 1, 10-10-90; Ord. No. 341, 9-11-91; Ord. No. 488, § 1, 9-12-07; Ord. No. 520, § 1, 3-9-2011; Ord. No. 531, § 1, 4-10-2013)

(a)

Unless otherwise indicated on the zoning maps, the zoning district boundaries are the centerlines of streets, the middle of the channel of waterways, the centerlines of main tracks of railroads, or the centerline of utility right-of-way. Where a boundary is shown parallel to the street, such boundary shall be interpreted as running parallel to the nearest street line (edge of right-of-way) and at such distance as indicated on the zoning map. If no distance is given such distance shall be interpreted to be three hundred (300) feet in the AR, RR, RR-2, I-1 and I-2 districts, and one hundred fifty (150) feet in R-1, R-2, PR, B-1.5, B-1 and B-2 districts.

(b)

Where zoning district boundaries approximate property lines they shall be construed to coincide. Interpretation of the zoning maps shall be the responsibility of the zoning administrator.

(Ord. No. 181, § 2-8, 4-12-78; Ord. No. 236, § 6, 12-14-83; Ord. No. 359, 7-13-94)

(a)

As of the date of adoption of this provision [adopted Aug. 9, 2006], no new or expansion of existing use of any kind shall be permitted in any district, if it is in any way injurious, noxious or offensive by way of odor, fumes, smoke, dust, vibrations, noise, hazardous or toxic substances to the community.

(b)

As of the date of adoption of this provision, no new, expansion or replacement facility shall be constructed for underground storage of petroleum, refined petroleum products and organic solvents except with suitable secondary barriers and automatic alarm systems approved by the planning board. Storage tanks, installed or existing on or above the floor surface in basement or cellar spaces are not considered to be underground storage for purposes of this regulation. This provision does not include liquefied petroleum gas (LPG).

(c)

Screening and buffers shall be required in any industrial or business district which abuts a residential district. Such buffer strip shall be at least twenty (20) feet in width, with vegetative screening or wall or fence complimented by vegetation such that a dense screen is maintained on a year-round basis, as determined by the planning board. The owner or occupant of the industrial or business property shall be responsible for maintenance of the screening and buffer area.

(d)

No owner, lessee or occupant of any parcel of land shall, as a result of development, redevelopment or other use of the property, including landscaping, permit or alter the flow of storm water resulting in off-site drainage spilling onto adjacent property or into the public way or otherwise increase the flow of storm water. No storm water from roofs, drains, parking areas or similar drainage and collection areas may be drained or spilled into the city's sanitary sewer system. All plans for new, expanded or redeveloped use of properties must include suitable provisions for proper handling and drainage of water crossing the property, including storm water run-off. The planning board may require an owner to obtain appropriate drainage easements to meet this requirement.

(Ord. No. 477, § 1, 8-9-06)

Editor's note— Ord. No. 383, adopted Jan. 8, 1997, repealed § 22-134, which pertained to lots in more than one district. See the Code Comparative Table.

The following uses are permitted in the agricultural residential district. Any uses not expressly permitted are prohibited, except those uses which may be allowed as special exceptions as set forth hereafter.

(1)

Forestry and tree farming.

(2)

General farming and agriculture, including horticulture, dairy farming, and the raising or keeping of livestock or domestic farm animals.

(3)

Truck gardens, nurseries and greenhouses. Roadside stands for the sale of area products raised on the premises.

(4)

Parks and other similar open space uses.

(5)

Single-family dwellings.

(6)

Manufactured housing on individual lots.

(7)

Reserved.

(8)

Accessory uses and buildings.

(Ord. No. 181, § 3-1.1, 4-12-78; Ord. No. 270, § 2, 12-10-86; Ord. No. 287-A, § 6, 6-18-88; Ord. No. 291, § 1, B, 8-10-88; Ord. No. 341, 9-11-91; Ord. No. 363, 10-12-94)

The following uses may be permitted in the agricultural residential district by the planning board, subject to the regulations contained in section 22-100 et seq., as well as any other applicable regulations of this chapter or regulations of the state.

(1)

Duplexes.

(2)

ADUs, subject to the regulations contained in section 22-513.

(3)

Cottage developments, subject to the regulations contained in section 22.514.

(Ord. No. 600, § 1, 12-14-2022; Ord. No. 622, § 2, 2-28-2024)

Editor's note— Ord. No. 600, § 1, adopted December 14, 2023, renumbered the former § 22-147 as § 22-148 and enacted a new § 22-147 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The following uses may be permitted in the agricultural residential district by the zoning board of adjustment subject to the regulations contained in section 22-56 et seq., as well as any other applicable regulations of this chapter or regulations of the state, and the following conditions or safeguards.

(1)

Overnight camping areas, provided they are in conformance with all local and state regulations.

(2)

Sawmills, provided that they are located at least one thousand (1,000) feet from any existing dwelling.

(3)

Gravel processing plants not including rock crushing operations, provided that the processing plants are located at least three hundred (300) feet from any existing residence and two hundred (200) feet from any highway; rock drilling for industrial purposes provided that the drilling operations are located at least seven hundred (700) feet from any existing residence and highway; and rock crushing operations provided that the operations are located at least one thousand five hundred (1,500) feet from any existing residence and highway and further provided:

a.

That any gravel processing operation or rock crushing operation conform to the provisions contained in section 22-507; and

b.

That any of the above uses must be located on lots of at least ten (10) acres and such uses shall be subject to such other conditions as the zoning board of adjustment may determine to be essential to provide screening from abutting properties or to prevent excessive noise, dust, vibration or traffic congestion.

(4)

Outdoor recreation such as ski areas, golf courses, riding stables, snowmobiling or similar activities which:

a.

Are not conducted primarily for spectator sports; and

b.

Do not provide overnight accommodations.

(5)

Kennels for keeping of four (4) or more dogs, provided that the dogs are kept at least three hundred (300) feet from existing dwellings.

(6)

Home occupations.

(7)

Sale of camping equipment and supplies on the grounds of a campground.

(8)

Planned residential development in accordance with the provisions contained in section 22-571 et seq.

(9)

Accessory uses and buildings.

(10)

Extraction of sand and gravel.

(11)

Where the boundary line of a zoning district divides a lot in single or joint ownership the regulations for either district may extend to the entire lot, but in no case shall any permitted use be extended more than seventy-five (75) feet into the zoning district which prohibits uses allowed in the abutting district. The provisions of this section shall benefit only those lots shown on the Tax Maps of the City of Claremont as existing on the date of passage of this amendment [June 11, 1997]. The boundary line of a zoning district may not be extended under any circumstances beyond the boundary of the lot appearing on said tax maps. The city planning department shall keep on record for public use all tax maps referred to in this subsection.

(Ord. No. 181, § 3-1.2, 4-12-78; Ord. No. 270, § 2, 12-10-86; Ord. No. 363, 10-12-94; Ord. No. 383, 1-8-97; Ord. No. 383-A, 6-11-97; Ord. No. 385, 12-10-97; Ord. No. 440, 11-19-02; Ord. No. 554, § 1, 5-10-2017; Ord. No. 600, § 1, 12-14-2022)

Editor's note— Ord. No. 600, § 1, adopted December 14, 2023, renumbered the former §§ 22-147—22-152 as § 22-148—22-153 as herein set out. The historical notation has been retained for said sections, with the amended provisions for reference purposes.

Each lot in the agricultural residential district shall have a minimum width at the building line of at least two hundred fifty (250) feet and an area of at least five (5) acres.

(Ord. No. 181, § 3-1.3, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

(a)

Setback. All buildings in the agricultural residential district shall be set back a minimum of fifty (50) feet from any public or private right-of-way.

(b)

Front yard. Each lot shall have a front yard at least fifty (50) feet in depth.

(c)

Side yards. Each lot shall have two (2) side yards each having a width of at least twenty-five (25) feet.

(d)

Rear yard. Each lot shall have a rear yard at least fifty (50) feet in depth.

(e)

Building separation. Each separate building on a lot shall be located at least ten (10) feet from any other building on the lot.

(Ord. No. 181, § 3-1.4, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

All buildings, including accessory buildings in the agricultural residential district, shall cover in the aggregate not more than ten (10) percent of the lot area.

(Ord. No. 181, § 3-1.5, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

The maximum residential density in the agricultural residential district shall be one (1) dwelling per five (5) acres of the total lot area, except that planned residential development may be permitted in accordance with the provisions of section 22-571.

(Ord. No. 181, § 3-1.6, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

In agricultural residential district, any child care facility, whether the same be a family daycare home, family group daycare home, group child care center, group home, or child care institution, may be permitted by special exception by the zoning board of adjustment, subject to the regulations contained in division 3 of article II of this chapter, provided:

(1)

That the same shall have received and shall maintain a license pursuant to RSA 170-E.

(2)

That such use shall conform to all lot size and area requirements contained in sections 22-148 through 22-151.

(Ord. No. 249, § I(2-26.2), 6-12-85; Amend. No. 4, § 1, 4-10-91; Ord. No. 376, 4-17-96; Ord. No. 600, § 1, 12-14-2022)

The following uses are permitted in the rural residential district. Any uses not expressly permitted are prohibited, except those uses which may be allowed as special exceptions as set forth hereafter.

(1)

Any use permitted in the agricultural residential district other than uses permitted as special exceptions.

(2)

Public or private nonprofit schools, public libraries, museums, churches and church buildings.

(3)

Philanthropic or charitable organizations or institutions, other than correctional institutions.

(4)

Hospitals, rest homes and convalescent homes, provided that at least five (5) off-street parking spaces are available.

(5)

Veterinary hospitals, provided that at least five (5) off-street parking spaces are available, and the building is located at least three hundred (300) feet from any existing dwelling.

(6)

Reserved.

(7)

Manufactured housing parks for which both a special exception and subdivision approval were obtained prior to June 8, 1988, and which are in full compliance with such subdivision approval.

(8)

Manufactured housing subdivisions for which both a special exception and subdivision approval were obtained prior to June 8, 1988, and which are in full compliance with such subdivision approval.

(9)

Accessory uses and buildings.

(Ord. No. 181, § 3-2.1, 4-12-78; Ord. No. 270, § 2, 12-10-86; Ord. No. 291, § 1, C, 8-10-88; Ord. No. 294, § 1, 10-12-88; Ord. No. 341, 9-11-91; Ord. No. 363, 10-12-94)

The following uses may be permitted in the rural residential district by the planning board subject to the regulations contained in section 22-100 et seq., as well as any other applicable regulations of this chapter or regulations of the state.

(1)

Duplexes.

(2)

ADUs, subject to the regulations contained in section 22-513.

(3)

Cottage developments, subject to the regulations contained in section 22-514.

(Ord. No. 600, § 1, 12-14-2022; Ord. No. 622, § 2, 2-28-2024)

Editor's note— Ord. No. 600, § 1, adopted December 14, 2023, renumbered the former § 22-167 as § 22-148 and enacted a new § 22-167 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The following uses may be permitted in the rural residential district by the zoning board of adjustment subject to the regulations contained in section 22-56 et seq., as well as any other applicable regulations of this chapter or regulations of the state and the following conditions and safeguards.

(1)

Sawmills provided they are located at least one thousand (1,000) feet from any existing dwelling.

(2)

Gravel processing plants not including rock crushing operations, provided that the processing plants are located at least three hundred (300) feet from any existing residence and two hundred (200) feet from any highway; rock drilling for industrial purposes provided that the drilling operations are located at least seven hundred (700) feet from any existing residence and highway; and rock crushing operations provided that the operations are located at least one thousand five hundred (1,500) feet from any existing residence and highway and further provided:

a.

That any gravel processing operation or rock crushing operation conform to the provisions contained in section 22-507; and

b.

That any of the above uses must be located on lots of at least ten (10) acres and such uses shall be subject to such other conditions as the zoning board of adjustment may determine to be essential to provide screening from abutting properties or to prevent excessive noise, dust, vibration or traffic congestion.

(3)

Automobile and machinery junk yards provided that:

a.

They are located at least two hundred (200) feet from any lot line.

b.

The area is adequately screened from public view on the front and side yards by natural vegetation or fencing to a minimum height of six (6) feet.

c.

The operation conforms to any other applicable regulations of the city and the state.

(4)

Hotels, motels, inns, cabins, or other transient lodgings, provided that:

a.

They are located on a lot of at least four (4) acres plus an additional land area of three thousand (3,000) square feet for each unit.

b.

They have a minimum of four hundred (400) feet of frontage and are located within one thousand (1,000) feet of a state highway.

c.

They are set back a minimum of one hundred (100) feet from any lot line.

(5)

Slaughter houses provided they are located at least one thousand (1,000) feet from any existing dwelling.

(6)

Farms for the raising of four (4) or more pigs, provided that the pigs are fed with grain only and kept at least one thousand (1,000) feet from any dwelling.

(7)

Kennels for the raising of four (4) or more dogs, provided that the dogs are kept at least three hundred (300) feet from any existing dwelling.

(8)

Antique shops, provided there is no outside display of stock-in-trade.

(9)

Planned residential development in accordance with the provisions contained in article VI of this chapter.

(10)

Accessory uses and buildings.

(11)

Horne occupations.

(12)

Extraction of sand and gravel.

(13)

Where the boundary line of a zoning district divides a lot in single or joint ownership the regulations for either district may extend to the entire lot, but in no case shall any permitted use be extended more than seventy-five (75) feet into the zoning district which prohibits uses allowed in the abutting district. The provisions of this subsection shall benefit only those lots shown on the Tax Maps of the City of Claremont as existing on the date of passage of this amendment [June 11, 1997]. The boundary line of a zoning district may not be extended under any circumstances beyond the boundary of the lot appearing on said tax maps. The city planning department shall keep on record for public use all tax maps referred to in this subsection.

(14)

Golf courses.

(Ord. No. 181, § 3-2.2, 4-12-78; Ord. No. 236, § 11, 12-14-83; Ord. No. 270, § 2, 12-10-86; Ord. No. 287-A, § 7, 6-18-88; Ord. No. 363, 10-12-94; Ord. No. 383, 1-8-97; Ord. No. 383-A, 6-11-97; Ord. No. 385, 12-10-97; Ord. No. 401, 11-10-97; Ord. No. 440, 11-19-02; Ord. No. 554, § 1, 5-10-2017; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-167)

Each lot in the rural residential district shall have a minimum width at the building line of at least one hundred fifty (150) feet and an area of at least one (1) acre, planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter.

(Ord. No. 181, § 3-2.3, 4-12-78; Ord. No. 287-A, § 8, 6-18-88; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-168)

The following regulations shall apply to yards in the rural residential district, except that planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter, and except for manufactured housing parks and manufactured housing subdivisions for which yard requirements are set forth in section 22-173.

(1)

Setback. All buildings shall be set back a minimum of fifty (50) feet from any public or private right-of-way.

(2)

Front yard. Each lot shall have a front yard at least fifty (50) feet in depth.

(3)

Side yards. Each lot shall have two (2) side yards each having a width of at least ten (10) feet.

(4)

Rear yard. Each lot shall have a rear yard at least twenty-five (25) feet in depth.

(5)

Building separation. Each separate building on a lot shall be located at least ten (10) feet from any other building on the lot.

(Ord. No. 181, § 3-2.4, 4-12-78; Ord. No. 287-A, § 9, 6-18-88; Ord. No. 341, 9-11-91; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-169)

All buildings, including accessory buildings, in the rural residential district shall cover in the aggregate not more than thirty (30) percent of the lot area, except that planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter.

(Ord. No. 181, § 3-2.5, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-170)

The maximum residential density in the rural residential district shall be one (1) dwelling unit per acre, except that planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter.

(Ord. No. 181, § 3-2.6, 4-12-78; Ord. No. 287-A, § 10, 6-18-88; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-171)

In rural residential district, any child care facility, whether the same be a family daycare home, family group daycare home, group child care center, group home, or child care institution, may be permitted by special exception by the zoning board of adjustment, subject to the regulations contained in division 3 of article II of this chapter, provided:

(1)

That the same shall have received and shall maintain a license pursuant to RSA 170-E.

(2)

That such use shall conform to all lot size and area requirements contained in sections 22-168 through 22-171.

(Ord. No. 249, § I(2-26.3), 6-12-85; Amend. No. 4, § 1, 4-10-91; Ord. No. 376, 4-17-96; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-172)

The following regulations shall apply to yards for lots within manufactured housing parks and manufactured housing subdivisions in the rural residential district:

(1)

Setback. All buildings shall be set back a minimum of twenty-five (25) feet from any public or private right-of-way regularly used for ingress and egress to and from the park or subdivision.

(2)

Front yard. Each lot within a manufactured housing park or manufactured housing subdivision shall have a front yard at least twenty-five (25) feet in depth.

(3)

Side yards. Each lot within a manufactured housing park or manufactured housing subdivision shall have two (2) side yards each having a width of ten (10) feet.

(4)

Rear yard. Each lot within a manufactured housing park or manufactured housing subdivision shall have a rear yard at least twenty-five (25) feet in depth.

(5)

Building separation. Each separate building on a lot within a manufactured housing park or manufactured housing subdivision shall be located at least ten (10) feet from any other building on the lot.

(Ord. No. 341, 9-11-91; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-173)

The following uses are permitted in the rural residential district II. Any uses not expressly permitted are prohibited, except those uses which may be allowed as special exceptions as set forth hereafter.

(1)

Any use permitted in the agricultural-residential district other than manufactured housing and uses permitted as special exceptions.

(2)

Public or private nonprofit schools, public libraries, museums, churches and church buildings.

(3)

Philanthropic or charitable organizations or institutions, other than correctional institutions.

(4)

Hospitals, rest homes and convalescent homes, provided that at least five (5) off-street parking spaces are available.

(5)

Veterinary hospitals, provided that at least five (5) off-street parking spaces are available, and the building is located at least three hundred (300) feet from any existing dwelling.

(6)

Manufactured housing on individual lots for which a valid nonconforming use, including those granted by variance, existed on June 8, 1988.

(7)

Accessory uses and buildings.

(Ord. No. 231, § 3, 8-24-83; Ord. No. 291, § 1, A, 8-10-88; Ord. No. 294, § 1, 10-12-88; Ord. No. 341, 9-11-91)

The following uses may be permitted in the rural residential district II by the planning board subject to the regulations contained in section 22-100 et seq., as well as any other applicable regulations of this chapter or regulations of the state.

(1)

Duplexes.

(2)

ADUs, subject to the regulations contained in section 22-513.

(1)

Cottage developments, subject to the regulations contained in section 22-514.

(Ord. No. 600, § 1, 12-14-2022; Ord. No. 622, § 2, 2-28-2024)

Editor's note— Ord. No. 600, § 1, adopted December 14, 2023, renumbered the former § 22-187 as § 22-188 and enacted a new § 22-187 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The following uses may be permitted in the rural residential district II by the zoning board of adjustment subject to the regulations contained in division 3 of article II of this chapter, as well as any other applicable regulations of this chapter or regulations of the state, and the following conditions and safeguards.

(1)

Hotels, motels, inns, cabins, or other transient lodgings, provided that:

a.

They are located on a lot of at least four (4) acres plus an additional land area of three thousand (3,000) square feet for each unit.

b.

They have a minimum of four hundred (400) feet of frontage and are located within one thousand (1,000) feet of a state highway.

c.

They are set back a minimum of one hundred (100) feet from any lot line.

(2)

Antique shops, provided there is no outside display of stock-in-trade.

(3)

Planned residential development in accordance with the provisions contained in article VI of this chapter.

(4)

Accessory uses and buildings.

(5)

Home occupations.

(6)

Where the boundary line of a zoning district divides a lot in single or joint ownership the regulations for either district may extend to the entire lot, but in no case shall any permitted use be extended more than seventy-five (75) feet into the zoning district which prohibits uses allowed in the abutting district. The provisions of this section shall benefit only those lots shown on the Tax Maps of the City of Claremont as existing on the date of passage of this amendment [June 11, 1997]. The boundary line of a zoning district may not be extended under any circumstances beyond the boundary of the lot appearing on said tax maps. The city planning department shall keep on record for public use all tax maps referred to in this subsection.

(7)

Golf courses.

(Ord. No. 231, § 3, 8-24-83; Ord. No. 287-A, § 2, 6-18-88; Ord. No. 383, 1-8-97; Ord. No. 383-A, 6-11-97; Ord. No. 385, 12-10-97; Ord. No. 401, 11-10-99; Ord. No. 440, 11-19-02; Ord. No. 554, § 1, 5-10-2017; Ord. No. 600, § 1, 12-14-2022)

Editor's note— Ord. No. 600, § 1, adopted December 14, 2023, renumbered the former §§ 22-187—22-192 as § 22-188—22-159 as herein set out. The historical notation has been retained for said sections, with the amended provisions for reference purposes.

Each lot in the rural residential district II shall have a minimum width at the building line of at least one hundred fifty (150) feet and an area of at least one (1) acre, planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter.

(Ord. No. 231, § 3, 8-24-83; Ord. No. 287-A, § 3, 6-18-88; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-188)

The following regulations shall apply to yards in the rural residential district II, except that planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter.

(1)

Setback. All buildings shall be set back a minimum of fifty (50) feet from any public or private right-of-way.

(2)

Front yard. Each lot shall have a front yard at least fifty (50) feet in depth.

(3)

Side yards. Each lot shall have two (2) side yards each having a width of at least ten (10) feet.

(4)

Rear yard. Each lot shall have a rear yard at least twenty-five (25) feet in depth.

(5)

Building separation. Each separate building on a lot shall be located at least ten (10) feet from any other building on the lot.

(Ord. No. 231, § 3, 8-24-83; Ord. No. 287-A, § 4, 6-18-88; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-189)

All buildings, including accessory buildings, in the rural residential district II shall cover in the aggregate not more than thirty (30) percent of the lot area, except that planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter.

(Ord. No. 231, § 3, 8-24-83; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-190)

The maximum residential density in the rural residential district II shall be one (1) dwelling unit per acre, except that planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter.

(Ord. No. 231, § 3, 8-24-83; Ord. No. 287-A, § 5, 6-18-88; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-191)

In rural residential district II, any child care facility, whether the same be a family daycare home, family group daycare home, group child care center, group home, or child care institution, may be permitted by special exception by the zoning board of adjustment, subject to the regulations contained in division 3 of article II of this chapter, provided:

(1)

That the same shall have received and shall maintain a license pursuant to RSA 170-E.

(2)

That such use shall conform to all lot size and area requirements contained in sections 22-188 through 22-191.

(Ord. No. 249, § I(2-26.4), 6-12-85; Amend. No. 4, § 1, 4-10-91; Ord. No. 376, 4-17-96; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-192)

The following uses are permitted in the residential district I. Any uses not expressly permitted are prohibited, except those uses which may be allowed as special exceptions as set forth hereafter.

(1)

Single-family dwellings.

(2)

Parks and playgrounds.

(3)

Public or private nonprofit schools and public libraries.

(4)

Reserved.

(5)

Professional offices in residence, provided that it is located on a lot of at least twenty thousand(20,000) square feet and at least five (5) off-street parking spaces are provided.

(6)

Manufactured housing on individual lots for which a valid nonconforming use, including those granted by variances, existed on June 8, 1988.

(7)

Accessory uses and buildings.

(Ord. No. 181, § 3-3.1, 4-12-78; Ord. No. 291, § 1, D, 8-10-88; Ord. No. 329, § 4, 10-10-90; Ord. No. 531, § 1, 4-10-2013; Ord. No. 600, § 1, 12-14-2022)

The following uses may be permitted in the residential district I by the planning board, subject to the regulations contained in section 22-100 et seq., as well as any other applicable regulations of this chapter or regulations of the state and the following conditions and safeguards.

(1)

Conversion of existing single-family homes to duplexes or multiple-family dwellings provided that:

a.

It involves the conversion of an existing single-family dwelling, and municipal water and sewer are provided.

b.

The overall density on each lot does not exceed ten thousand (10,000) square feet per dwelling unit for the first dwelling unit and five thousand (5,000) square feet per additional dwelling unit.

c.

The total number of dwelling units does not exceed a maximum of eight (8).

d.

That off-street parking is provided in accordance with section 22-526 et seq., and that such parking does not violate the yard requirements contained in section 22-209.

(2)

ADUs, subject to the regulations contained in section 22-513.

(3)

Cottage developments, subject to the regulations in section 22-514.

(4)

Duplexes (new construction) provided that:

a.

The architectural design of the duplex is compatible with that of the structures within the immediate neighborhood; and

b.

Parking for the residents is in the side or rear yard, where possible.

(Ord. No. 600, § 1, 12-14-2022; Ord. No. 603, § 2, 12-14-2022; Ord. No. 622, § 2, 2-28-2024; Ord. No. 637, § 1, 10-9-2024)

Editor's note— Ord. No. 600, § 1, adopted December 14, 2023, renumbered the former § 22-207 as § 22-208 and enacted a new § 22-207 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The following uses may be permitted in the residential district I by the zoning board of adjustment, subject to the regulations contained in division 3 of article II of this chapter, as well as any other applicable regulations of this chapter or regulations of the state and the following conditions and safeguards.

(1)

Home occupations.

(2)

Convalescent or rest homes, provided they are located on a lot of at least twenty thousand (20,000) square feet plus an additional land area of two thousand (2,000) square feet for each patient bed.

(3)

Museums, philanthropic and charitable organizations and churches and church buildings, hospitals, except for drug addiction or the mentally ill, and institutions other than correctional provided that they are located on a lot of at least one (1) acre, and any parking associated with such uses is located in the rear or side.

(4)

Planned residential development in accordance with the provisions contained in article VI of this chapter.

(5)

Accessory uses and buildings.

(6)

Where the boundary line of a zoning district divides a lot in single or joint ownership the regulations for either district may extend to the entire lot, but in no case shall any permitted use be extended more than seventy-five (75) feet into the zoning district which prohibits uses allowed in the abutting district. The provisions of this section shall benefit only those lots shown on the Tax Maps of the City of Claremont as existing on the date of passage of this amendment [June 11, 1997]. The boundary line of a zoning district may not be extended under any circumstances beyond the boundary of the lot appearing on said tax maps. The city planning department shall keep on record for public use all tax maps referred to in this subsection.

(7)

Golf courses.

(Ord. No. 181, § 3-3.2, 4-12-78; Ord. No. 383, 1-8-97; Ord. No. 383-A, 6-11-97; Ord. No. 401, 11-10-99; Ord. No. 440, 11-19-02; Ord. No. 554, § 1, 5-10-2017; Ord. No. 600, § 1, 12-14-2022)

Editor's note— Ord. No. 600, § 1, adopted December 14, 2023, renumbered the former §§ 22-207—22-212 as § 22-208—22-213 as herein set out. The historical notation has been retained for said sections, with the amended provisions for reference purposes.

Each lot in the residential district I shall have a minimum width at the building line of at least one hundred (100) feet and an area of at least ten thousand (10,000) square feet; and, planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter.

(Ord. No. 181, § 3-3.3, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-208)

The following regulations shall apply to yards in the residential district I, except that planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter.

(1)

Setback. All buildings shall be set back a minimum of twenty-five (25) feet from any public or private right-of-way.

(2)

Front yard. Each lot shall have a front yard at least twenty-five (25) feet in depth.

(3)

Side yards. Each lot shall have two (2) side yards each having a width of at least ten (10) feet.

(4)

Rear yard. Each lot shall have a rear yard at least twenty-five (25) feet in depth.

(5)

Building separation. Each separate building on a lot shall be located at least ten (10) feet from any other building on the lot.

(Ord. No. 181, § 3-3.4, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-209)

All buildings, including accessory buildings, in the residential district I shall cover in the aggregate not more than thirty (30) percent of the lot area, except that planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter.

(Ord. No. 181, § 3-3.5, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-210)

The maximum residential density in the residential district I shall be one (1) dwelling unit per ten thousand (10,000) square feet of the total lot area, and an additional five thousand (5,000) square feet for each additional dwelling unit beyond the first (except for attached ADU units), except that planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter.

(Ord. No. 181, § 3-3.6, 4-12-78; Ord. No. 600, § 1, 12-14-2022; Ord. No. 636, § 1, 10-9-2024)

(Formerly § 22-211)

The following regulations shall apply to child care facilities in residential district I:

(1)

Permitted uses.

a.

Licensed family daycare home.

b.

Licensed foster family home.

(2)

Special exceptions. The following uses may be permitted by the zoning board of adjustment, subject to the regulations contained in division 3 of article II of this chapter, as well as any other applicable regulations of this chapter or regulations of the state, and the following conditions and safeguards:

a.

Family Group Daycare Home

(3)

Such use shall comply with the lot size and area requirements contained in sections 22-208 through 22-211.

(Ord. No. 249, § I(2-26.5), 6-12-85; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-212)

The following uses are permitted in the residential district II. Any uses not expressly permitted are prohibited, except those uses which may be allowed as special exceptions as set forth hereafter.

(1)

Any use permitted in the R-1 district.

(2)

Multifamily dwellings, provided that the overall density on each lot does not exceed one (1) dwelling unit per ten thousand (10,000) square feet, and an additional five thousand (5,000) square feet for each additional dwelling unit beyond the first (except for attached ADU units), and that parking is provided in accordance with the table in section 22-533.

(3)

Tourist homes or roominghouses.

(4)

Manufactured housing on individual lots for which a valid nonconforming use, including those granted by variances, existed on June 8, 1988.

(Ord. No. 181, § 3-4.1, 4-12-78; Ord. No. 291, § 1, E, 8-10-88; Ord. No. 363, 10-12-94; Ord. No. 554, § 1, 5-10-2017; Ord. No. 636, § 2, 10-9-2024)

Editor's note— Ord. No. 554, § 1, adopted May 10, 2017, set out provisions repealing § 22-336(5). To correct a scrivener's error, and at the editor's discretion, said provisions have been included herein as repealing § 22-226(5).

The following uses may be permitted in the residential district II by the planning board, subject to the regulations contained in section 22-100 et seq., as well as any other applicable regulations of this chapter or regulations of the state and the following conditions and safeguards.

(1)

Conversion of existing single-family homes to duplexes or multiple-family dwellings provided that:

a.

It involves the conversion of an existing single-family dwelling, and municipal water and sewer are provided.

b.

The overall density on each lot does not exceed ten thousand (10,000) square feet per dwelling unit for the first dwelling unit and five thousand (5,000) square feet per additional dwelling unit.

c.

The total number of dwelling units does not exceed a maximum of eight (8).

d.

That off-street parking is provided in accordance with section 22-526 et seq., and that such parking does not violate the yard requirements contained in section 22-209.

(2)

ADUs, subject to the regulations contained in section 22-513.

(3)

Cottage developments, subject to the regulations in section 22-514.

(4)

Duplexes (new construction) provided that:

a.

The architectural design of the duplex is compatible with that of the structures within the immediate neighborhood; and

b.

Parking for the residents is in the side or rear yard, where possible.

(Ord. No. 600, § 1, 12-14-2022; Ord. No. 622, § 2, 2-28-2024; Ord. No. 637, § 1, 10-9-2024)

Editor's note— Ord. No. 600, § 1, adopted December 14, 2023, renumbered the former § 22-227 as § 22-228 and enacted a new § 22-227 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The following uses may be permitted in the residential district II by the zoning board of adjustment subject to the regulations contained in division 3 of article II of this chapter, as well as any other applicable regulations of this chapter or regulations of the state, and the following conditions and safeguards.

(1)

Any special exception permitted in an R-1 district subject to the same conditions and safeguards.

(2)

Funeral homes provided they are located on a lot with an area of at least twenty thousand (20,000) square feet and provide at least fifteen (15) off-street parking spaces.

(3)

Accessory uses and buildings.

(4)

Golf courses.

(Ord. No. 181, § 3-4.2, 4-12-78; Ord. No. 401, 11-10-99; Ord. No. 600, § 1, 12-14-2022)

Editor's note— Ord. No. 600, § 1, adopted December 14, 2023, renumbered the former §§ 22-227—22-232 as § 22-228—22-233 as herein set out. The historical notation has been retained for said sections, with the amended provisions for reference purposes.

Each lot in the residential district II shall have a minimum width at the building line of sixty (60) feet and an area of at least five thousand (5,000) square feet.

(Ord. No. 181, § 3-4.3, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-228)

The following regulations shall apply to yards in the residential district II:

(1)

Setback. All buildings shall set back a minimum of twenty-five (25) feet from any public right-of-way.

(2)

Front yard. Each lot shall have a front yard at least twenty-five (25) feet in depth.

(3)

Side yards. Each lot shall have two (2) side yards each having a width of at least ten (10) feet.

(4)

Rear yard. Each lot shall have a rear yard at least twenty-five (25) feet in depth.

(5)

Building separation. Each separate building on a lot shall be located at least ten (10) feet from any other building on the lot.

(Ord. No. 181, § 3-4.4, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-229)

All buildings, including accessory buildings, in the residential district II shall cover in the aggregate not more than thirty (30) percent of the lot area.

(Ord. No. 181, § 3-4.5, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-230)

The maximum residential density in the residential district II shall be one (1) dwelling unit per ten thousand (10,000) square feet of the total lot area, and an additional five thousand (5,000) square feet for each additional dwelling unit beyond the first (except for attached ADU units).

(Ord. No. 181, § 3-4.6, 4-12-78; Ord. No. 363, 10-12-94; Ord. No. 600, § 1, 12-14-2022; Ord. No. 603, § 1, 12-14-2022)

(Formerly § 22-231)

The following shall apply to child care facilities in residential districts II:

(1)

Permitted uses:

a.

Family daycare home;

b.

Family group daycare home; and

(2)

Special exceptions. The following uses may be permitted by the zoning board of adjustment, subject to the regulations contained in division 3 of article II of this chapter, as well as any other applicable regulations of this chapter or regulations of the state, and the following conditions and safeguards:

a.

Reserved.

b.

Reserved.

(3)

Such use shall comply with the lot size and area requirements contained in sections 22-228 through 22-231.

(Ord. No. 249, § I, 6-12-85; Ord. No. 600, § 1, 12-14-2022; Ord. No. 604, § 1, 12-14-2022)

(Formerly § 22-232)

The following uses are permitted in the business district IL Any uses not expressly permitted are prohibited, except those which may be allowed as special exceptions or by conditional use permit as set forth hereafter.

(1)

Any use permitted in the residential district II, other than uses permitted as special exceptions or by conditional use permit, and provided that dwellings are subject to the lot size and area, yard, density and lot coverage requirements contained in sections 22- 228 through 22-232.

(2)

Antique and secondhand shops.

(3)

Warehousing and distributing, truck terminals and repair shops.

(4)

Newspaper and printing establishments.

(5)

Radio and television transmitting stations and studios.

(6)

Automotive service stations, sales and repair.

(7)

Establishments from which sales are primarily from delivery trucks, excepting fuel sales.

(8)

Carpenter, cabinet, upholstery, sheet metal, plumbing, heating and sign painting shops.

(9)

Drive-in business where customers are served in their cars.

(10)

Building materials sales and storage and contractor's storage yards.

(11)

Feed and farm equipment sales.

(12)

Bottling plants for soft drinks.

(13)

Manufactured housing on individual lots for which a valid nonconforming use, including those granted by variances, existed on June 8, 1988.

(14)

Accessory uses and buildings.

(15)

Stores for the sale of goods at retail.

(16)

Business, professional, financial and governmental offices.

(17)

Service establishments, including appliance repairs, restaurants, dry cleaning establishments and the like.

(18)

Indoor theaters for dramatic or musical productions or motion pictures.

(19)

Hotels and motels.

(20)

Taverns, private clubs and indoor recreation facilities.

(21)

Public or private nonprofit clubs, lodges and halls.

(22)

Trade schools, professional schools or industrial schools.

(Ord. No. 181, § 3-7.1, 4-12-78; Ord. No. 291, § 1, H, 8-10-88; Ord. No. 449, § 4, 7-14-04; Ord. No. 531, § 1, 4-10-2013; Ord. No. 600, § 1, 12-14-2022)

The following uses may be permitted in the business district II by the zoning board of adjustment subject to the provisions contained in division 3 of article II of this chapter as well as any other applicable regulations of this chapter and regulations of the state, and the following conditions and safeguards.

(1)

Fuel storage and sales provided that:

a.

The location is deemed acceptable by the fire chief and the city engineer and meets accepted standards of fire protection.

b.

The fuel storage tanks are fenced or located belowground.

c.

The fuel storage tanks are located at least fifty (50) feet from any lot line.

(2)

Radio and television studios, excepting transmitting facilities.

(3)

Indoor places of amusement, namely public auditoriums, gymnasiums, dance halls, ice or roller skating rinks, bowling lanes, pool and billiard facilities and similar indoor amusement operations.

(4)

Where the boundary line of a zoning district divides a lot in single or joint ownership, the regulations for either district may extend to the entire lot, but in no case shall any permitted use be extended more than seventy-five (75) feet into the zoning district which prohibits uses allowed in the abutting district. The provisions of this section shall benefit only those lots shown on the tax maps of the City of Claremont as existing on March 4, 2013. The boundary line of a zoning district may not be extended under any circumstances beyond the boundary of the lot appearing on said tax maps. The city planning department shall keep on record for public use all tax maps referred to in this subsection.

(Ord. No. 181, § 3-7.2, 4-12-78; Ord. No. 236, § 12, 12-14-83; Ord. No. 531, § 1, 4-10-2013)

The following uses may be permitted in the business district II by the planning board, subject to the regulations contained in section 22-100 et seq., as well as any other applicable regulations of this chapter or regulations of the state and the following conditions and safeguards.

(1)

Conversion of existing single-family homes to duplexes or multiple-family dwellings provided that:

a.

It involves the conversion of an existing single-family dwelling, and municipal water and sewer are provided.

b.

The overall density on each lot does not exceed ten thousand (10,000) square feet for the first dwelling unit and another five thousand (5,000) square feet per additional dwelling unit.

c.

The total number of dwelling units does not exceed a maximum of eight (8).

d.

That off-street parking is provided in accordance with section 22-526 et seq., and that such parking does not violate the yard requirements contained in section 22-209.

(2)

ADUs, subject to the regulations contained in section 22-513.

(3)

Cottage developments, subject to the regulations in section 22-514.

(Ord. No. 600, § 1, 12-14-2022; Ord. No. 622, § 2, 2-28-2024)

Editor's note— Ord. No. 600, § 1, adopted December 14, 2023, renumbered the former § 22-298 as § 22-299 and enacted a new § 22-298 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Each lot in the business district II shall have a minimum width at the building line of at least one hundred (100) feet and an area of at least twenty thousand (20,000) square feet.

(Ord. No. 181, § 3-7.3, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

Editor's note— Ord. No. 600, § 1, adopted December 14, 2023, renumbered the former §§ 22-298—22-302 as § 22-299—22-303 as herein set out. The historical notation has been retained for said sections, with the amended provisions for reference purposes.

The following regulations shall apply to yards in the business district II:

(1)

Setback. All buildings shall be set back a minimum of fifty (50) feet from any public right-of-way.

(2)

Front yard. Each lot shall have a front yard of at least fifty (50) feet in depth.

(3)

Side yards. Each lot shall have two (2) side yards each having a width of at least fifteen (15) feet, except where the main building on a lot has a fireproof wall in common with main building of an abutting lot and which is deemed acceptable to the fire chief, no side yard shall be required.

(4)

Rear yard. Each lot shall have a rear yard at least twenty-five (25) feet in depth to which there will be provided free access for firefighting equipment.

(5)

Building separation. Each separate building shall be located at least twenty-five (25) feet from any other building on the lot.

(Ord. No. 181, § 3-7.4, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-299)

All buildings, including accessory buildings, in the business district II shall cover in the aggregate not more than sixty (60) percent of the lot area.

(Ord. No. 181, § 3-7.5, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-300)

The maximum residential density in the business district II shall be as set forth in section 22-231.

(Ord. No. 181, § 3-7.6, 4-12-78; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-301)

In the business district II, any child care facility may be permitted by special exception by the zoning board of adjustment, subject to the regulations contained in division 3 of article II of this chapter, provided:

(1)

That the same shall have received and shall maintain a license pursuant to RSA 170-E; and

(2)

That such use shall conform to all lot size and area requirements contained in sections 22-298 through 22-301.

(Ord. No. 249, § I(2-26.9), 6-12-85; Amend. No. 4, § 1, 4-10-91; Ord. No. 376, 4-17-96; Ord. No. 531, § 1, 4-10-2013; Ord. No. 600, § 1, 12-14-2022)

(Formerly § 22-302)

The following uses are permitted in the industry district I. Any uses not expressly permitted are prohibited.

(1)

The manufacture, compounding, packaging, or treatment, warehousing of articles of merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fibre, fur, glass, hair, precious or semiprecious stones, shell, rubber, tobacco, wood, (excluding sawmills) tars and paint not involving a boiling process and retail sales of goods or commodities manufactured on the premises.

(2)

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.

(3)

Foundry casting of light weight, nonferrous metal not causing noxious fumes or odor.

(4)

Planing mill.

(5)

Machine shop or other metal working shop, excluding drop hammers and other noise-producing machines.

(6)

Business and industrial research laboratories.

(7)

Aircraft and helicopter landing fields.

(8)

Accessory uses and buildings.

(9)

Sawmills.

(10)

Manufactured housing on individual lots for which a valid nonconforming use, including those granted by variances, existed on June 8, 1988.

(11)

Freight/truck terminals.

(12)

Reserved.

(13)

Veterinary hospitals, provided that at least five (5) off-street parking spaces are available, and the building is located at least three hundred (300) feet from any existing building.

(14)

Forestry and tree farming.

(15)

General farming and agriculture, including horticulture, dairy farming and the raising or keeping of livestock or domestic farm animals.

(16)

Truck gardens, nurseries and greenhouses; roadside stands for the sale of area products raised on the premises.

(17)

Existing single-family homes.

(18)

Business and professional offices.

(19)

Newspaper and printing establishments.

(20)

Food processing and packaging.

(21)

Warehousing.

(22)

Contractor's storage yards.

(23)

Sales, rental and repair of farm and construction equipment.

(Ord. No. 181, § 3-8.1, 4-12-78; Ord. No. 236, § 12, 12-14-83; Ord. No. 270, § 2, 12-10-86; Ord. No. 291, § 1, I, 8-10-88; Ord. No. 309, § 1, 10-10-90; Ord. No. 326, § 1, 5-9-90; Ord. No. 363, 10-12-94; Ord. No. 419, 1-10-01)

All uses of land, buildings, structures, or industrial processes that may be noxious by reason of the production or emission into the air or water (both surface and ground) of dust, smoke, refuse matter, odor, gas, fumes, noise, water pollutants, or similar substances or conditions are prohibited in the industry district I. This includes all uses and processes which require use of open stack structures as part of the manufacturing process other than for exhaust of heating and cooling facilities and air circulation and all uses and processes that are not able to be fully contained within a building or structure. This prohibition does not apply to external storage of raw materials or finished product, not contained within a structure, as may be permitted by the planning board as part of the site plan review process.

(Ord. No. 181, § 3-8.2, 4-12-78; Ord. No. 477, § 2, 8-9-06; Ord. No. 633, § 3, 9-11-2024)

The following uses may be permitted in the industry district I by the zoning board of adjustment subject to the provisions of division 3 of article II of this chapter, as well as any other applicable regulations of this chapter and regulations of the state, and the following conditions and safeguards:

(1)

Fuel storage and sales; provided, that:

a.

The location is deemed acceptable by the fire chief and the city engineer and meets accepted standards of fire protection;

b.

The fuel storage tanks are fenced or located below-ground;

c.

The fuel storage tanks are located at least fifty (50) feet from any lot line.

(2)

Dwellings for living quarters used by night watchmen or custodians of industrially used property; provided, that such use is subordinate to the industrial use and is located on the same lot as the industrial use it serves.

(3)

Reserved.

(4)

Recycling facilities subject to receipt and maintenance of permit or license to operate under RSA 149-M from the New Hampshire Department of Environmental Services, Solid Waste Management Division. The collection, storage and/or transfer of hazardous waste or construction and demolition debris is expressly prohibited and not subject to a special exception.

(5)

Extraction of sand and gravel.

(6)

Development of any parcel not entirely within the industry district I, as shown on the City's Tax Maps as of the date of the adoption [Aug. 9, 2006] of this provision. Where the boundary line of a zoning district divides a lot in single or joint ownership the regulations for either district may extend to the entire lot, but in no case shall any permitted use be extended more than seventy-five (75) feet into the zoning district which prohibits uses allowed in the abutting district. The provisions of this section shall benefit only those lots shown on the Tax Maps of the City of Claremont as existing on the date of passage of this amendment [June 11, 1997]. The boundary line of a zoning district may not be extended under any circumstances beyond the boundary of the lot appearing on said tax maps. The city planning department shall keep on record for public use all tax maps referred to in this subsection.

(7)

Buildings or accessory structures in excess of thirty-five (35) feet in height.

(8)

Retail sales related to a permitted use.

(Ord. No. 181, § 3-8.3, 4-12-78; Ord. No. 309, § 1, 10-10-90; Ord. No. 363, 10-12-94; Ord. No. 383, 1-8-97; Ord. No. 383-A, 6-11-97; Ord. No. 477, § 2, 8-9-06; Ord. No. 633, § 2, 9-11-2024)

Each lot in the industry district I shall have a minimum width at the building line of two hundred (200) feet and an area of at least forty thousand (40,000) square feet.

(Ord. No. 181, § 3-8.4, 4-12-78)

The following regulations shall apply to yards in the industry district I:

(1)

Setback. All buildings shall be set back a minimum of fifty (50) feet from any public right-of-way.

(2)

Front yard. Each lot shall have a front yard at least fifty (50) feet in depth.

(3)

Side yards. Each lot shall have two (2) side yards each having a width of at least thirty (30) feet.

(4)

Rear yard. Each lot shall have a rear yard of at least forty (40) feet in depth.

(5)

Building separation. Each separate building on a lot shall be located at least twenty-five (25) feet from any other building on the lot.

(Ord. No. 181, § 3-8.5, 4-12-78)

All buildings, including accessory buildings and impermeable surfaces, in the industry district I shall cover in the aggregate not more than sixty (60) percent of the lot area. Outside storage of machinery and inventory shall cover not more than ten (10) percent of the lot, except where such storage is screened from abutting property and from public highways by grading or by appropriately landscaping, such storage may cover twenty (20) percent of the lot area.

(Ord. No. 181, § 3-8.6, 4-12-78; Ord. No. 477, § 2, 8-9-06)

In industry district I, any child care facility, whether the same be a family daycare home, family group daycare home, group child care center, group home, or child care institution, may be permitted by special exception by the zoning board of adjustment, subject to the regulations contained in division 3 of article II of this chapter, provided:

(1)

That the same shall have received and shall maintain a license pursuant to RSA 170-E.

(2)

That such use shall conform to all lot size and area requirements contained in sections 22-318 through 22-321.

(Ord. No. 249, § I, 6-12-85; Amend. No. 4, § 1, 4-10-91; Ord. No. 376, 4-17-96)

The following uses are permitted in the industry district II. Any uses not expressly permitted are prohibited.

(1)

The uses permitted in Section 22-316 (1), (2), (3), (4), (5), (6), (9), (11), (19), (20), (21), (22), and (23).

(2)

Accessory uses and buildings.

(3)

Heavy industry unless otherwise prohibited by law or ordinance.

(4)

Mobile homes on individual lots for which a valid nonconforming use, including those granted by variances, existed on June 8, 1988.

(5)

Accessory uses and buildings.

(Ord. No. 181, § 3-9.1, 4-12-78; Ord. No. 270, § 2, 12-10-86; Ord. No. 291, § 1, J, 8-10-88; Ord. No. 309, § 1, 10-10-90; Ord. No. 363, 10-12-94; Ord. No. 477, § 3, 8-9-06)

The following uses may be permitted in the industry district II by the zoning board of adjustment subject to the provisions of Division 3 of Article II of this chapter, as well as any other applicable state and local regulations.

(1)

Fuel storage and sales provided that:

a.

The location is deemed acceptable by the fire chief and applicable engineering and fire standards;

b.

Fuel storage tanks are fenced, screened and located at or below ground;

c.

Fuel storage tanks are located at least fifty (50) feet from any lot line.

(2)

Extraction of sand and gravel owned or controlled by the property owner, to be used either on or off-site.

(3)

Development of any parcel not entirely within the industry district II, as shown on the city's tax maps as of the date of the adoption of this provision. Where the boundary line of any zoning district divides a lot in single or joint ownership, the regulations for either district may extend to the entire lot, but in no case shall any permitted use be extended more than seventy-five (75) feet into the zoning district which prohibits uses allowed in the abutting district. The provisions of this section shall benefit only those lots shown on the tax maps of the City of Claremont as existing on the date of passage of this amendment (insert date). The boundary line of a zoning district may not be extended under any circumstances beyond the boundary of the lot appearing on said tax maps. The city planning department shall keep on record for public use all tax maps referred to in this amendment.

(4)

Buildings or accessory structures in excess of thirty-five (35) feet in height.

(Ord. No. 181, § 3-9.2, 4-12-78; Ord. No. 309, § 1, 10-10-90; Ord. No. 363, 10-12-94; Ord. No. 383, 1-8-97; Ord. No. 383-A, 6-11-97; Ord. No. 477, § 3, 8-9-06)

Each lot in the industry district II shall have a minimum width at the building line of two hundred (200) feet and an area of at least eighty thousand (80,000) square feet.

(Ord. No. 181, § 3-9.3, 4-12-78)

The following regulations shall apply to yards in the industry district II:

(1)

Setback. All buildings shall be set back a minimum of fifty (50) feet from any public right-of-way.

(2)

Front yard. Each lot shall have a front yard at least fifty (50) feet in depth.

(3)

Side yards. Each lot shall have two (2) side yards each having a width of at least twenty-five (25) feet.

(4)

Rear yard. Each lot shall have a rear yard at least twenty-five (25) feet in depth to which free access shall be provided for firefighting equipment.

(5)

Building separation. Each separate building on a lot shall be located at least twenty-five (25) feet from any other building on the lot.

(Ord. No. 181, § 3-9.4, 4-12-78)

All buildings, including accessory buildings and impermeable surfaces, in the industry district II shall cover in the aggregate not more than sixty (60) percent of the lot area.

(Ord. No. 181, § 3-9.5, 4-12-78; Ord. No. 477, § 3, 8-9-06)

In industry district II, any child care facility, whether the same be a family daycare home, family group daycare home, group child care center, group home, or child care institution, may be permitted by special exception by the zoning board of adjustment, subject to the regulations contained in division 3 of article II of this chapter, provided:

(1)

That the same shall have received and shall maintain a license pursuant to RSA 170-E.

(2)

That such use shall conform to all lot size and area requirements contained in this division.

(Ord. No. 249, § I, 6-12-85; Ord. No. 376, 4-17-96; Amend. No. 4, § 1, 4-10-91)

The purpose of the industry district III is to provide a transition zone between the uses permitted under this chapter in industry districts I and II and residential uses. In industry district III campus-style development is to be encouraged; so-called smoke-stack industry is expressly prohibited.

(Ord. No. 477, § 4, 8-9-06)

The following uses are permitted in the industry district III. Any uses not expressly permitted are prohibited, except those which are allowed as a special exception as set forth herein. Outdoor storage of material, equipment, machinery, product or waste material is prohibited. All permitted uses must be capable of all aspects of production, including storage of raw materials and finished products, being performed internally to structures approved by the planning board as part of the site plan review process. This provision does not apply to loading and unloading and transport functions directly related to the permitted use.

(1)

Business, financial services, health care and other professional offices.

(2)

Business and industrial research facilities.

(3)

Light manufacturing and high technology industries (including, for example, but not limited to nanotechnology and biotechnology), assembly or packaging, including processing of articles of merchandise produced off-site.

(4)

Communications facilities.

(5)

Call and data centers.

(6)

Commercial storage and warehousing facilities for merchandise produced off-site.

(7)

Group child care centers duly licensed by the state of New Hampshire.

(8)

Restaurants, lodging and indoor recreational facilities.

(9)

Printing establishments.

(Ord. No. 477, § 4, 8-9-06)

The following uses may be permitted in the industry district III by the zoning board of adjustment subject to the provisions of Division 3 of Article III of this chapter, as well as any other applicable state and local regulations.

(1)

Accessory uses and buildings.

(2)

Retail sales related to a permitted use.

(3)

Development of any parcel not entirely within the industry district III, as shown on the city's tax maps as of the date of the adoption of this provision. Where the boundary line of any zoning district divides a lot in single or joint ownership, the regulations for either district may extend to the entire lot, but in no case shall any permitted use be extended more than seventy-five (75) feet into the zoning district which prohibits uses allowed in the abutting district. The provisions of this section shall benefit only those lots shown on the tax maps of the City of Claremont as existing on the date of passage of this amendment (insert date). The boundary line of a zoning district may not be extended under any circumstances beyond the boundary of the lot appearing on said tax maps. The city planning department shall keep on record for public use all tax maps referred to in this amendment.

(4)

Buildings or accessory structures in excess of thirty-five (35) feet in height.

(Ord. No. 477, § 4, 8-9-06)

Each lot shall have a minimum width at the building line of two hundred (200) feet and an area of at least eighty thousand (80,000) square feet.

(Ord. No. 477, § 4, 8-9-06)

(a)

Set back: All buildings shall be set back a minimum of fifty (50) feet from any public right-of-way.

(b)

Front yard: Each lot shall have a front yard at least fifty (50) feet in depth.

(c)

Side yard: Each lot shall have two (2) side yards each having a width of at least twenty-five (25) feet.

(d)

Rear yard: Each lot shall have a rear yard of at least twenty-five (25) feet in depth.

(e)

Building separation: Each separate building on a lot shall be located at least twenty-five (25) feet from any other building on the lot.

(Ord. No. 477, § 4, 8-9-06)

All buildings, including accessory buildings and impermeable surfaces, shall cover in the aggregate not more than sixty (60) percent of the lot area.

(Ord. No. 477, § 4, 8-9-06)

(a)

A minimum of twenty (20) percent of the lot area shall be landscaped open space, as approved by the planning board in determining the aesthetic image of the property as viewed from public streets and adjacent properties. Any required buffer area may be included in the calculation of open space.

(b)

All utilities lines, pipes and conduits within individual parcels shall be placed underground.

(Ord. No. 477, § 4, 8-9-06)

There is hereby created a Multiple Use Healthcare District, as is more specifically shown on Map #2, as amended, attached to this and made a part of the zoning ordinance for the city.

(Ord. No. 280, § 3, 9-24-87)

The following uses are permitted in the multiple use healthcare district:

(1)

Hospitals, skilled nursing facilities, extended care facilities, ambulatory care facilities.

(2)

Medically related professional offices, including, but not limited to, doctors, nurses, occupational and rehabilitative services, community health education, other providers of health, human and mental services, and other non-medically related professional offices having similar impacts, including but not limited to lawyers, accountants, engineers and architects.

(3)

Hospice and respite care facilities, adult day care facilities and assisted and sheltered care facilities.

(4)

Facilities for the providing of nutritional services, including services for the elderly.

(5)

Facilities which relate to laboratory and diagnostic services, the storage, dispensing and sale of disposable or durable medical supplies and pharmaceuticals and services; laundry; sterile supply services; data processing; microfilming and microfilm storage services.

(6)

Buildings, facilities and uses accessory and incidental to the foregoing.

(7)

Any use permitted in the R-1 district.

(Ord. No. 280, § 3(3-16.1), 9-24-87; Ord. No. 329, § 3, 10-10-90; Ord. No. 376, 4-17-96; Ord. No. 426, 6-13-01)

The following uses may be permitted in the multiple use healthcare district by the planning board, subject to the regulations contained in section 22-100 et seq., as well as any other application regulations of this chapter or regulations of the state and the following conditions and safeguards.

(1)

Cottage developments, subject to the regulations in section 22-514.

(Ord. No. 622, § 2, 2-28-2024)

Editor's note— Ord. No. 622, § 2, adopted February 28, 2024, renumbered the former §§ 22-378—22-381 as §§ 22-379—22-382 and enacted a new § 22-378 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The following uses may be permitted by the zoning board of adjustment, subject to the regulations contained in division 3 of article II of this chapter and as well as any other applicable regulation of this chapter or regulation of the state:

(1)

Hotel, motel, or other facility for public accommodation.

(2)

Medical and or nursing school facilities.

(3)

Any child care facility, whether the same be a family daycare home, family group daycare home, group child care center, or group home, provided:

a.

That the same shall have received and shall maintain a license pursuant to RSA 170-E.

b.

That such use shall conform to all lot size and area requirements contained in this division.

(4)

Where the boundary line of a zoning district divides a lot in single or joint ownership the regulations for either district may extend to the entire lot, but in no case shall any permitted use be extended more than seventy-five (75) feet into the zoning district which prohibits uses allowed in the abutting district. The provisions of this section shall benefit only those lots shown on the Tax Maps of the City of Claremont as existing on the date of passage of this amendment [June 11, 1997]. The boundary line of a zoning district may not be extended under any circumstances beyond the boundary of the lot appearing on said tax maps. The city planning department shall keep on record for public use all tax maps referred to in this subsection.

(Ord. No. 280, § 3(3-16.2), 9-24-87; Ord. No. 376, 4-17-96; Ord. No. 383, 1-8-97; Ord. No. 383-A, 6-11-97; Ord. No. 622, § 3, 2-28-2024)

Editor's note— Formerly, § 22-378.

Notwithstanding any provisions of this chapter which may conflict with the following provisions relating to any district or use, the following minimum standards shall control:

(1)

New structures. In the construction of new structures or additions to existing structures for any purpose outside of a planned unit development, there shall be provided side yards of at least ten (10) feet and front and rear yards of at least twenty-five (25) feet. Each separate building on the lot shall be located at least ten (10) feet from any other building on the lot.

(2)

Lot coverage. All buildings including accessory buildings, shall cover in aggregate not more than eighty (80) percent of the lot area, except that planned unit developments may be permitted in accordance with the provisions contained in this section.

(3)

Planned unit development. Any owner of an area of two (2) acres or more within the district shall be entitled to redevelop, renovate and extend existing structures and/or construct new structures within such area, pursuant to a planned unit development plan which need not otherwise conform to the dimensional, height, lot coverage, area, setback and yard requirements of this chapter, so long as it shall provide for a practical and compatible arrangement of such structures, mix of such structures, uses, spaces between structures, streets, loading facilities, and utilities as determined by the planning board pursuant to its site plan regulations; provided, however, that the plan for such area shall provide for a density of not more than four thousand (4,000) square feet of floor area of structures for every one thousand (1,000) square feet of total land area within such planned unit development area, and provided also that no building located with the planned unit development shall exceed seventy-five (75) feet in height without regard to the number of stories of such building.

(Ord. No. 280, § 3(3-16.3), 9-24-87; Ord. No. 622, § 3, 2-28-2024)

Editor's note— Formerly, § 22-379.

(a)

Notwithstanding any provision of this chapter which may conflict with the following provisions, within the multiple use healthcare district there shall be provided parking facilities in accordance with the following minimum standards:

(b)

Parking requirements for uses not covered shall be determined by the planning board as part of the site plan approval process.

(c)

If the planning board, in its review of a planned unit development site plan, finds that the parking requirements are unduly restrictive, it may modify such requirements as part of its site plan approval.

(Ord. No. 280, § 3(3-16.4), 9-24-87; Ord. No. 622, § 3, 2-28-2024)

Editor's note— Formerly, § 22-380.

Except as may be specifically provided for under the terms of this division, the general regulations contained in article I; division 3 of article II; article III; division 1 of article IV; sections 22-322, 22-341 and 22-362; and articles V, VI and VII of this chapter shall be controlling.

(Ord. No. 280, § 3, 9-24-87; Ord. No. 622, § 3, 2-28-2024)

Editor's note— Formerly, § 22-381.

(a)

CR-1 city center residential I. The purpose of this district is to maintain around the downtown core residential neighborhoods with primarily single-family dwellings and incidental home occupations and home offices. A limited number of other uses that are compatible with and supportive of a residential setting are allowed, including institutional and educational uses.

(b)

CR-2 city center residential II. The purpose of this district is to maintain around the downtown core residential neighborhoods with a mix of housing types. Other uses that are compatible with and supportive of a residential setting are allowed, including lodging, institutional and educational uses.

(c)

PR professional residential. The purpose of this district is to create transitional corridors from residential neighborhoods to the mixed use downtown core. The district allows a mix of housing types as well as commercial, institutional and educational uses that serve nearby residential neighborhoods and/or support the downtown core.

(d)

CB-2 city center business II. The purpose of this district is to create gateways to the city center with primarily commercial and light industrial uses. The district is oriented toward vehicular access and uses that may require larger lots than elsewhere in the city center.

(e)

MU mixed use. The purpose of this district is to be the center of the community, providing commercial, recreational, educational, institutional, light industrial and mixed uses that are primarily oriented toward pedestrian access. The mix of uses, including entertainment options, is also intended to strengthen the downtown core as a place of tourism.

(Ord. No. 531, § 1, 4-10-2013)

No building, structure or land shall be used or occupied in the city center residential district I (CR-1), city center residential district II (CR-2), professional residential district (PR), mixed use district (MU) and city center business district II (CB-2) except as set forth in the table of uses, section 22-387, subject to all other provisions and standards of this Code of Ordinances and other local, state and federal laws, rules and regulations.

The following table of uses has been developed to indicate those uses which are permitted, permitted by conditional use permit, and permitted by special exception.

(1)

Permitted uses. Permitted uses are denoted by the letter "P" in the table of uses.

(2)

Special exception. Uses that are permitted only upon approval by the zoning board of adjustment, subject to the regulations contained in division 3 of article II of this chapter, are denoted by letters "SE" in the table of uses.

(3)

Conditional uses. Uses that are permitted according to division 6 of article II only upon approval by the planning board and issuance of a conditional use permit are denoted by letters "CU" in the table of uses.

(4)

Any uses not expressly permitted or allowed by special exception or conditional use permit in the table of uses are prohibited.

(Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017)

(Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017; Ord. No. 600, § 1, 12-14-2022; Ord. No. 604, § 1, 12-14-2022; Ord. No. 622, § 4, 2-28-2024)

In order to encourage rehabilitation of under-developed, vacant and abandoned buildings, preservation of historic properties and development of code compliant and enhanced housing stock, there is established a conditional use permit for single-family dwellings, duplexes, multifamily dwellings, and mixed use buildings with residential units at the street level in the mixed use district, subject to the following:

(1)

Granting criteria: Section 22-100 and section 22-101, standards of review.

(2)

Minimum development standards for individual units in order to be considered for approval of a conditional use permit under this section are:

a.

Minimum size. Each one (1) bedroom dwelling unit shall contain a minimum of five hundred fifty (550) square feet of gross floor area and each two (2) bedroom dwelling unit shall contain a minimum of eight hundred fifty (850) square feet of gross floor area.

b.

Density. For mixed use buildings, the maximum floor area ratio for multifamily units for each structure in relation to the structure's nonresidential uses shall be 3.0:1 for residential units reserved for elderly and 2.0:1 for all other residential units.

c.

Gross floor area. The gross floor area of a unit shall be exclusive of floor area within the building devoted to common hallways, stairways and other common facilities and spaces. The gross floor area of the building, including means of access and egress except for elevators and emergency staircases, shall not be increased as part of the development plan for a conditional use permit. Any increase to the footprint of an existing building in this zone must meet all applicable zone dimensional requirements.

d.

Space requirements. Each dwelling unit shall contain a minimum gross floor area, based on the total area of all habitable rooms, of not less than three hundred (300) square feet for the first occupant, two hundred (200) square feet for the second occupant and one hundred fifty (150) square feet for each additional occupant. "Habitable rooms" shall be defined as those areas of a residential unit, including bathroom and kitchen facilities, which are not used for closets, stairways or landings appurtenant thereto or for other storage or utility purposes and which have a ceiling height of a minimum of seven (7) feet.

(3)

At least eighty (80) percent of the individual residential units shall be for lease or sale at no less than the market rate in any year, as established by the U.S. Department of Housing and Urban Development and published annually in the Federal Register.

(4)

A conditional use permit for residential uses may be granted for street level dwelling units in the MU district except for properties fronting the following: Opera House Square, Tremont Street from Broad Street to Opera House Square, Pleasant Street from Opera House Square to Glidden Street, Sullivan Street from Opera House Square to Franklin Street, Main Street from Opera House Square to Franklin Street.

(Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017)

Conversions of existing single-family homes to duplexes and conversions of existing single-family homes or duplexes to multifamily dwellings in the city center residential I, city center residential II, professional residential, mixed use and city center business II districts are allowed by conditional use permit, subject to the following:

(1)

Granting criteria: Section 22-100 and section 22-101, standards of review.

(2)

The conversion must involve the conversion of an existing single-family dwelling or duplex, meet the minimum development standards for individual dwelling units in section 22-387.1(2), and municipal water and sewer must be provided. The total number of dwelling units shall not exceed eight (8) maximum.

(Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017)

Editor's note— Ord. No. 554, § 1, adopted May 10, 2017, repealed § 22-387.3, which pertained to accessory dwelling units and derived from Ord. No. 531, § 1, 4-10-2013.

Manufactured housing is permitted on individual lots for which a valid nonconforming use, including those granted by variances, existed on March 4, 2013.

(Ord. No. 531, § 1, 4-10-2013)

Planned residential developments must be in accordance with the provisions of article VI of this chapter.

(Ord. No. 531, § 1, 4-10-2013)

Art galleries and arts and crafts shops are permitted in the professional residential, mixed use and city center business II districts provided that there is no outside display.

(Ord. No. 531, § 1, 4-10-2013)

The purpose of this provision is to allow existing buildings in the mixed-use district to convert to bed and breakfasts by conditional use permit, subject to the following:

(1)

Granting criteria: Section 22-100 and section 22-101, standards of review;

(2)

The conversion must involve the conversion of an existing building, and municipal water and sewer must be provided.

(Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017)

Child care facilities must maintain licenses and meet all applicable regulations of state and federal law and regulation.

(Ord. No. 531, § 1, 4-10-2013)

Convalescent and nursing homes must be located on a lot of at least twenty thousand (20,000) square feet and meet the minimum area requirement for facilities of this type pursuant to state and federal law and regulation.

(Ord. No. 531, § 1, 4-10-2013)

Funeral homes must be located on a lot with an area of at least twenty thousand (20,000) square feet and provide at least fifteen (15) off-street parking spaces.

(Ord. No. 531, § 1, 4-10-2013)

(a)

Home occupations, as defined by section 22-1, shall be permitted in the city center residential I, city center residential II and professional residential districts.

(b)

Home occupations that do not meet the requirements as set forth by subsection (a) of this section shall only be permitted by variance in the city center residential I, city center residential II and professional residential district.

(c)

Any home occupation in the mixed use district shall only be permitted by special exception. The inability to meet any requirement as set forth in section 22-1 will require a variance from the zoning board of adjustment for that requirement prior to the issuance of a special exception.

(Ord. No. 531, § 1, 4-10-2013)

Neighborhood commercial uses shall contain no more than one thousand five hundred (1,500) gross square feet per store. Notwithstanding the requirements of division 2 of article 5 of this chapter, off-street parking is not required.

(Ord. No. 531, § 1, 4-10-2013)

Restaurants and taverns are allowed in the professional residential district by conditional use permit, subject to the standards of review provided in sections 22-100 and 22-101.

(Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017)

Retail and secondhand stores are permitted in the professional residential, mixed use and city center business II districts. Retail and secondhand stores in the professional residential district shall contain no more than five thousand (5,000) gross square feet per store. Outside display of stock-in-trade in these districts are allowed on the subject property or by license in the city right-of-way.

(Ord. No. 531, § 1, 4-10-2013)

Museums and churches and religious organizations must have any parking associated with such uses located at the rear or side of the structure.

(Ord. No. 531, § 1, 4-10-2013)

Fraternal clubs, lodges or halls in the professional residential district must be located at least twenty-five (25) feet from any lot line.

(Ord. No. 531, § 1, 4-10-2013)

In order to allow industrial uses in the city center without detracting from the area's character or image, there is established a conditional use permit for light manufacturing and assembly, warehousing and distributing, and repair shops in the mixed use district and city center business II district, subject to the standards of review provided in sections 22-100 and 22-101.

(Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017)

No buildings or structures shall be constructed, and no use shall be established, on a lot in the city center residential district I (CR-1), city center residential district II (CR-2), professional residential district (PR), mixed use district (MU) and city center business district II (CB-2) except in conformance with the standards set forth in the table of dimensional standards (section 22-390), subject to all other provisions and standards of this chapter, and other local, state, and federal laws, rules, and regulations. Planned residential development may be permitted in accordance with the provisions contained in article VI of this chapter.

In the table of dimensional regulations, abbreviations shall mean the following:

"sf" means square feet

"ft" means feet

"%" means percentage

"#" means number

"du" means dwelling unit

(Ord. No. 531, § 1, 4-10-2013)

(Ord. No. 531, § 1, 4-10-2013)

A variance is required if the provisions of section 22-389 are not met.

(Ord. No. 531, § 1, 4-10-2013)

In the city center residential I and residential II districts, developments shall provide, to the greatest extent possible, an area without improvements for the creation of future sidewalks as part of public improvements. Such an area shall be at least eight (8) feet wide and be located nearest the front lot line. If a sidewalk exists in front of the properties abutting the project site on one (1) or both sides, a sidewalk similar to what exists on either side shall be constructed to connect the existing sidewalks.

In the city center residential I and residential II districts, off-street parking shall be allowed in the side yard and rear yard setbacks, provided it is not located within five (5) feet of side or rear property lines. Garages shall be allowed in the side yard and rear yard setbacks, provided that they are not located within five (5) feet of side or rear property lines. Notwithstanding the provisions of section 22-389, where buildings exist on lots adjacent to a proposed new building or building renovation or expansion, the proposed new building or building renovation or expansion may match the average distance of the front setback(s) of the existing building(s) on the same side of the street and on the same block, provided there are at least two (2) existing buildings on the same side of the street in the same block, and subject to requirements of a conditional use permit, if required, provided that no such construction or improvement shall be permitted in the public right-of-way or over any easement for public utilities.

(Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017)

In the professional residential district where commercial uses are proposed adjacent to residential buildings, there shall be a strip not less than five (5) feet in width, suitably landscaped and planted or fenced to screen such uses from the residences

(Ord. No. 531, § 1, 4-10-2013)

For lots that have depths of less than one hundred (100) feet in the professional residential district, the front yard setback may be reduced provided that the setback be at least ten (10) feet in depth.

In the professional residential district, notwithstanding the provisions of section 22-389, where buildings exist on lots adjacent to a proposed new building or building renovation or expansion, the proposed new building or building renovation or expansion may match the average distance of the front setback(s) of the existing building(s) on the same side of the street and on the same block, provided there are at least two (2) existing buildings on the same side of the street in the same block, and subject to requirements of a conditional use permit, if required, provided that no such construction or improvement shall be permitted in the public right-of-way or over any easement for public utilities.

(Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017)

In the mixed use district, the front yard setback shall be no more than fifteen (15) feet in depth.

(Ord. No. 531, § 1, 4-10-2013)

In the city center business II district, the front yard setback shall be no more than twenty-five (25) feet in depth. Where the front yard setback is more than fifteen (15) feet in depth, a landscaped buffer shall be provided nearest the front lot line.

(Ord. No. 531, § 1, 4-10-2013)

In the professional residential, mixed use and city center business II districts, any outside storage, trash receptacles or mechanical equipment shall be screened by appropriate year-round landscaping plants or fences.

(Ord. No. 531, § 1, 4-10-2013)

The purpose of this division is to amend the zoning ordinance to create a historic district, create a historic district commission and to provide the rules, regulations and procedures applicable to the historic district.

(Ord. No. 299, § 1, 12-14-88)

The historic district shall be superimposed upon the other districts established in this chapter. The regulations and procedures of this amendment shall apply in addition to the regulations of the underlying districts and other applicable city ordinances.

(Ord. No. 299, § 2(3-15.1), 12-14-88)

The historic district shall be shown on zoning map #7 as from time to time adopted and amended by the city council. It may coincide with, cross, or include all or part of one (1) or more of the underlying zoning districts.

(Ord. No. 299, § 2(3-15.2), 12-14-88)

Uses permitted in the underlying zoning districts are permitted in the historic district.

(Ord. No. 299, § 2(3-15.3), 12-14-88)

A building or demolition permit shall not be issued until and unless a certificate of appropriateness is issued by the historic district commission in accordance with the following provisions.

(Ord. No. 299, § 2, 12-14-88)

This division and the historic district commission hereby established shall have the powers granted by state law. Such power of review and approval or disapproval shall be limited to those considerations which affect the relationship of the applicant's proposal to its surroundings, to the location and arrangement of structures, to the architectural treatment of the exterior features and finish of the district as they may be deemed to affect the character and integrity of the district to achieve the purpose of this division.

(Ord. No. 299, § 2(3-15.4), 12-14-88)

It is hereby declared as a matter of public policy that the recognition, preservation, enhancement, perpetuation and use of cultural resources, and particularly of structures, sites and areas within the city having historic, architectural, cultural, community or design value is required in the interest of the health, economic, cultural and general welfare of the community. The purposes of this division are to:

(1)

Safeguard the heritage of the city by providing for the preservation of historic districts in the city that reflect elements of its cultural, social, economic, political, community and architectural history;

(2)

Enhance the visual character of the city by encouraging and regulating the compatibility of architectural styles within the historic districts reflecting unique and established architectural traditions;

(3)

Foster public appreciation of and civic pride in the beauty of the city and the accomplishments of its past;

(4)

Strengthen the economy of the city by protecting and enhancing the city's attractions in its historic districts to residents, tourists and visitors;

(5)

Stabilize and improve property values within the historic districts;

(6)

Promote the use of historic districts for the education, pleasure and welfare of the community.

(Ord. No. 299, § 2(3-15.2), 12-14-88; Ord. No. 515, § 1, 7-14-2010)

There is herein established an historic district commission with the functions and duties as set forth in this division, and as may be needed to carry out the purposes of this division.

(1)

Organization. The historic district commission shall consist of five (5) regular members and not more than five (5) alternate members, all of whom must be residents of the city and must have demonstrated interest and ability to understand, appreciate and promote the purposes of this division.

(2)

Membership. One (1) commission member shall be a member of the city council and one (1) commission member may be a member of the planning board, who shall serve ex officio. All members of the commission, including alternate members, shall be appointed by the city council.

(3)

Term. Members shall be appointed for three-year terms. The initial terms of members shall be staggered so that no more than two (2) appointments occur annually, except when required to fill vacancies. The term of an ex officio member shall coincide with the term of the ex officio member's other elected or appointed office. In the event of a vacancy in membership, the chairperson may designate an alternate member to fill the vacancy temporarily until the vacancy is filled by the city council, which appointment shall be for the unexpired term.

(4)

Officers, quorum. The commission shall annually, at its initial meeting in each year, elect a chairperson and vice-chairperson from its membership. A majority of the membership shall constitute the quorum necessary to transact business at any meeting.

(5)

Meetings. Meetings shall be held at the call of the chairperson and at such other times as the commission may determine.

(6)

Powers and duties. The historic district commission shall have the following powers and duties:

a.

Establish rules and regulations for the conduct of business which are consistent with this division.

b.

Establish, adopt, and make available to applicants and the public, guidelines and standards to be used by the commission in reviewing and passing on applications for a certificate of appropriateness to construct, alter, modify, repair, move or demolish a building and/or structure within an historic district.

c.

Approve or disapprove, in whole or in part, applications for certificates of appropriateness for which a permit is required under section 22-400. Such certificate of appropriateness or notice of disapproval, along with a copy of the notice of decision to the applicant, shall be filed with the building inspector following the commission's determination.

d.

Request reports and recommendations regarding the feasibility of the applicant's proposal from city departments and agencies and from other organizations and sources that may have information or can provide advice concerning the impact of the proposal on the historic district.

e.

Retain professional consultants as may be appropriate to and as may be deemed necessary for the determination of a reasonable decision on an application or to carry out the purposes of this division.

f.

Recommend and propose amendments and/or revisions of this division and of the boundaries and limits of any historic district to the planning board and city council.

g.

Keep or caused to be kept, accurate and complete records and minutes of meetings, findings of the commission, and records of each application.

(Ord. No. 299, § 2(3-15.6), 12-14-88; Ord. No. 498, § 1, 7-9-08; Ord. No. 515, § 2, 7-14-2010)

It is unlawful for any person to construct, alter, modify, repair, move or demolish any building, structure, sign, or improvement which lies within an historic district without first obtaining a certificate of appropriateness from the historic district commission in the manner prescribed in this division.

(Ord. No. 299, § 2(3-15.7), 12-14-88)

For the purpose of this division, the following activities shall be reviewed by the historic district commission whether or not such activity requires the issuance of a permit.

(1)

Erection, construction, alteration, major repair or razing of a building or structure.

(2)

Erection, alteration or removal of any exterior, visible feature of a building or structure.

(3)

Alteration, including grading, excavating, tree removal, and/or paving of a site.

(4)

Erection or alteration of a sign affixed to a building, painted on a building or windows, or hanging inside of the window. Temporary signs shall not be in place for more than three (3) months.

(5)

Addition or alteration of exterior siding (e.g. vinyl, aluminum, stucco, wood, glass, etc.) of a building or structure.

(6)

Painting in part or whole of an unpainted stone or masonry building.

(7)

Method of paint removal.

(Ord. No. 299, § 2(3-15.8), 12-14-88)

The historic district commission is not required to review the following activities:

(1)

Ordinary maintenance and repair of any architectural feature which does not involve a change in the design, materials or outer appearance or involve removal thereof.

(2)

Painting or repainting of a wood surface and/or an already painted masonry surface.

(3)

Roofing or reroofing (with the same material) of a building or structure providing the roof plane remains the same.

(4)

Storm doors and storm windows providing that the original architectural features are not removed or destroyed.

(5)

Signs fully complying with the standards in section 22-604(8).

(Ord. No. 299, § 2(3-15.9), 12-14-88; Ord. No. 619, § 1, 1-10-2024)

The following procedures shall be observed in processing applications for a certificate of appropriateness under this division.

(1)

The applicant shall make written application to the historic district commission through the planning and development office for a certificate of appropriateness. The application shall include:

a.

Completed standard city application form.

b.

Narrative description of the project.

c.

Graphic materials of sufficient clarity and detail that the commission will have a clear understanding of what the applicant intends to do.

d.

Completed abutters list.

(2)

Any site plans, building plans, elevations, perspective sketches, photographs, building materials samples reasonably required by the commission to make its decision shall be made available to the commission by the applicant.

(Ord. No. 299, § 2(3-15.10), 12-14-88; Ord. No. 515, § 3, 7-14-2010)

(a)

A hearing will be held on an application upon no less than five (5) days notice prior to the hearing.

(b)

Notice of all commission hearings shall be published in a newspaper of general circulation in the city.

(c)

Notice of all such hearings shall also be sent, certified mail, to the applicant, every abutter and holder of conservation, preservation or agricultural preservation restriction, stating the date, time and place of the hearing.

(d)

The commission shall issue a certificate of appropriateness or notice of disapproval within forty-five (45) days after the filing of the application, unless the applicant agrees to a longer period of time.

(e)

A copy of the certificate of appropriateness or notice of disapproval shall be forwarded to the applicant and shall include a detailed description of all conditions to the certificate, if any, or, if a notice of disapproval, with written reasons for the disapproval.

(f)

Any certificate of appropriateness issued by the commission shall become void if construction is not begun thereunder within twelve (12) months from the date of issuance of the certificate. Certificates may be extended once for no more than an additional twelve (12) months by the zoning administrator on receipt of a written request for extension by the applicant, received at least fourteen (14) days prior to the expiration of the original certifi-cate. Certificates issued hereunder shall be transferable to a subsequent owner provided there is no change in the project and the project has not been discontinued for more than twelve (12) consecutive months.

(g)

Joint hearings may be held in the case of applications requiring hearings before more than one (1) land use board.

(h)

All applicants shall pay such fees related to any application to the commission as may be necessary to defray its expenses, as approved by the city council.

(Ord. No. 299, § 2(3-15.11), 12-14-88; Ord. No. 515, § 4, 7-14-2010)

In making a determination on an application, the historic district commission shall take into account the purposes of this division and give consideration to the following:

(1)

The historical, architectural, or cultural value of the building or structures and its relationship and contribution to the setting.

(2)

The compatibility of the exterior design, arrangement, texture, and materials proposed to be used in relationship to the existing buildings or structures and its setting, or if new construction, to the surrounding use.

(3)

The scale and general size of buildings or structures in relationship to existing surroundings including consideration of such factors as the building's overall height, width, street frontage, number of stories, roof type, facade openings (windows, doors, etc.) and architectural details.

(4)

Other factors, including yards, off-street parking, screening, fencing, entrance drives, sidewalks, signs, lights, and/or landscaping which might affect the character of any building or structure within the district, and similar factors which relate to the setting for such structure or grouping of structures.

(5)

The impact that the applicant's proposal will have on the setting and the extent to which it will preserve and enhance historic, architectural, and cultural qualities of the district and community.

(6)

To include in this division the adoption of the criteria and guidelines set forth in the "Secretary of Interior's Guidelines for Rehabilitation."

(Ord. No. 299, § 2(3-15.12), 12-14-88)

At the conclusion of its review, the historic district commission shall issue one (1) of the following:

(1)

Certificate of appropriateness.

a.

If, in the opinion of a majority of the commission members present and voting, the applicant's proposal meets the purpose of this division, then the historic district commission shall issue a certificate of appropriateness signed by the zoning administrator together with any changes, conditions and/or stipulations necessary to secure the public health, safety and general welfare.

b.

After the issuance of this certificate, the building inspector may issue any building, demolition or other permit for the approved project subject to approval of any other necessary board.

(2)

Notice of disapproval.

a.

If, in the opinion of the majority of the commission members present and voting, the applicant's proposal does not meet the purposes of this division, then the historic district commission shall issue a notice of disapproval in writing together with the reasons for such decision signed by the zoning administrator.

b.

The issuance of a notice of disapproval shall prohibit the building inspector from issuing a building, demolition or other permit.

c.

If the applicant's proposal is denied, the applicant is encouraged to make modifications to the proposed plan and shall have the right to resubmit the application at any time after so doing.

(Ord. No. 299, § 2(3-15.13), 12-14-88)

Any person aggrieved by a decision of the historic district commission shall have the right to appeal that decision to the zoning board of adjustment in accordance with the provisions of RSA 676:5 and RSA 677:4.

(Ord. No. 299, § 2(3-15.14), 12-14-88; Ord. No. 515, § 5, 7-14-2010)

The floodplain district shall be superimposed upon other zoning districts established in this chapter. The following regulations pertaining to the floodplain district shall be in addition to the regulations of the underlying districts and other applicable city ordinances.

(Ord. No. 181, § 3-10, 4-12-78)

The floodplain district shall be that area comprising of the "Area of Special Flood Hazard" indicated on the flood insurance rate map (FIRM), zoning map #6. Interpretation of the flood insurance rate map (FIRM), zoning map #6 as to the location of the boundaries of the areas of special flood hazards or resolution of conflicts between the maps and actual field conditions shall be the responsibility of the city engineer.

(Ord. No. 181, § 3-10.1, 4-12-78)

Development within the floodplain district shall not be commenced without first obtaining a zoning permit from the zoning administrator. Zoning permits shall only be approved for development within the floodplain district for permitted uses and special exceptions approved by the zoning board of adjustment subject to the provisions of this chapter and only after all other permits required by federal, state and local laws have been issued by the appropriate government agency, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.

(Ord. No. 181, § 3-10.2, 4-12-78; Ord. No. 236, § 3, 12-14-83; Ord. No. 323, § 3, 4-25-90)

Uses permitted in the underlying zoning districts unless specifically prohibited in section 22-431 are permitted in the floodplain district subject to the conditions and regulations of section 22-432.

(Ord. No. 181, § 3-10.3, 4-12-78)

Uses permitted by special exception in the underlying zoning districts unless specifically prohibited in section 22-431 are permitted by special exception in the floodplain district (F-1) subject to the conditions and regulations of section 22-432.

(Ord. No. 181, § 3-10.4, 4-12-78)

The following uses are prohibited within the floodplain district:

(1)

Storage of buoyant, flammable, explosive, or toxic materials, or materials or equipment which are subject to flood damage or lateral or downstream movement by flood waters.

(2)

The dumping or disposal of waste materials except for agricultural or farming purposes.

(3)

Development and uses which are:

a.

Dangerous to health and safety when flooded.

b.

Unprotected and vulnerable to floods including facilities and equipment during initial construction.

c.

Damaging and destructive to natural protective flood barriers.

d.

Flood barriers that will unnaturally divert flood waters or increase flood hazards in other areas.

(Ord. No. 181, § 3-10.5, 4-12-78)

(a)

Until a regulatory floodway is designated along watercourses, no new construction, substantial improvements, or other development (including fill) shall be permitted within zone AE on the FIRM unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(b)

The building inspector shall obtain, review and reasonably utilize any floodway data available from federal, state or other sources as criteria for requiring that all development located in zone A meet the following floodway requirement:

No encroachments, including fill, new construction, substantial improvements and other development are allowed within the floodway that would result in any increase in flood levels within the community during the base flood discharge.

(c)

All development in the floodplain district whether permitted or allowed by special exception shall be subject to the following regulations:

(1)

New construction (including prefabricated buildings and manufactured housing) and substantial improvements shall be anchored to prevent flotation and lateral movement, and be constructed with flood resistant materials and methods.

(2)

New residential structures and substantial improvements to existing residential structures shall be constructed so that the lowest floor (including basement) is at or above the elevation of the base flood as indicated in the FIRM. Within zone "A" on the FIRM where the base flood elevation is not provided, the city engineer shall obtain, review, and use any flood elevation data available to determine the lowest first floor elevation for new or substantially improved residential structures.

(3)

New nonresidential structures and substantial improvements to existing nonresidential structures shall be constructed so that the lowest floor (including basement) is at or above the elevation of the base flood as indicated on the FIRM or shall be floodproofed, water-tight to the elevation of the base flood. Methods used to floodproof nonresidential structures shall be certified by a professional engineer registered in the state as adequate to withstand the flood depths, pressures, and velocities, impact, uplift forces, and other factors associated with the base flood. Within zone "A" on the FIRM, the city engineer shall determine the base flood elevations as in section (2) above.

(4)

The watercourse of the river or stream shall not be altered or relocated so as to diminish the flood carrying capacity. The zoning administrator prior to issuing a zoning permit for altering or relocating the watercourse of the river or stream shall notify adjacent communities, the state water resources board, and the state office of comprehensive planning and obtain proof that the applicant has received all required permits from other governmental agencies. Copies of all such notifications shall be sent to the federal insurance administrator.

(5)

Fill placed within the floodplain district shall be subject to the following:

a.

The fill must have some beneficial purpose and be the minimum necessary to achieve the stated purpose.

b.

Such fill shall be located, placed, and graded so as to offer the minimum obstruction to flood waters.

c.

Fill shall be protected against erosion by stone rip-rap, vegetative cover, or other suitable method.

(6)

New and replacement water supply systems within the floodplain district shall be designed to minimize or eliminate infiltration of flood waters into the system.

(7)

New and replacement sanitary sewer systems within the floodplain district shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood waters.

(8)

New and replacement on-site waste disposal systems shall be designed and located to avoid impairment to them or contamination from them during flooding.

(9)

All manufactured housing shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:

a.

Over-the-top ties be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations. Manufactured housing less than fifty (50) feet long require only one (1) additional tie per side.

b.

Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points. Manufactured homes less than fifty (50) feet long only require four (4) additional ties per side.

c.

All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds.

d.

Any additions to the manufactured housing be similarly anchored.

(10)

Manufactured homes and new construction located in special flood hazard areas shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood level; and be securely anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(11)

Recreational vehicles placed on sites within zone AE (refer to the New Hampshire Flood Insurance Handbook) shall either:

a.

Be on the site for fewer than one hundred eighty (180) consecutive days;

b.

Be fully licensed and ready for highway use; or

c.

Meet all standards of Section 60.3(b)(1) of the National Flood Insurance Program Regulations and the elevation and anchoring requirements for manufactured homes in paragraph (c)(6) of Section 60.3.

(12)

New construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding are permitted providing the enclosed areas meet the following requirements:

a.

The enclosed area is unfinished or flood-resistant, useable solely for parking of vehicles, building access or storage.

b.

The area is not a basement.

c.

The area shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; the bottom of all openings shall be no higher than one (1) foot above grade; and openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(13)

Proposed structures to be located on slopes in special flood hazard areas, zones F-1 and F-2, shall include adequate drainage paths to guide floodwaters around and away from the proposed structures.

(14)

All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(Ord. No. 181, § 3-10.6, 4-12-78; Ord. No. 278, § 1, 10-14-87; Ord. No. 287-A, § 11, 6-18-88; Ord. No. 323, § 4, 4-25-90; Ord. No. 356, 4-13-94; Ord. No. 467, § 3, 1-11-06)

(a)

Applications. Applications for a zoning permit to develop within the floodplain district shall include plans drawn to a scale showing the nature, dimensions, and location of the proposed development. Specifically the following information is required.

(1)

Elevation in relation to mean sea level of the site and the lowest floor (including basement) of all proposed structures and whether or not said structure has a basement.

(2)

Elevation in relation to mean sea level to which proposed structures will be floodproofed.

(3)

Certification by a registered professional engineer or architect of floodproofing methods in accordance with section 22-432(3).

(4)

Location, elevation and extent of fill, dredging, storage of materials, drainage facilities, watercourse alterations, and excavations.

(5)

Utility locations and protection.

(b)

Occupancy. Certificates of occupancy for new structures or for substantial improvements to existing structures in the floodplain district shall not be issued by the zoning administrator until the actual, as-built first floor (including basement) elevation has been certified to be at or above the elevation of the base flood by a registered surveyor or engineer licensed in the state.

(c)

Records. The zoning administrator shall maintain for public inspection the following records:

(1)

Copies of all approved zoning permits for development within the floodplain district.

(2)

Copies of all certifications required in section 22-432(3) and (b) above.

(d)

Determination of 100-year-flood elevation. In special flood hazard areas the city engineer shall determine the 100-year flood elevation in the following order of precedence according to the date available:

(1)

In zone AE refer to the elevation data provided in the community's flood insurance study and accompanying FIRM.

(2)

In unnumbered A zones the city engineer shall obtain, review and reasonably utilize any 100-year flood elevation data available from any federal, state or other source, including data submitted for development proposals submitted to the community (i.e., subdivisions, site approvals).

(3)

In zone AO the flood elevation is determined by adding the elevation of the highest adjacent grade to the depth number specified on the FIRM or if no depth number is specified on the FIRM at least two (2) feet.

(Ord. No. 181, § 3-10.7, 4-12-78; Ord. No. 236, § 3, 12-14-83; Ord. No. 323, § 5, 4-25-90; Ord. No. 467, § 3, 1-11-06)

The floodway district shall be superimposed upon other zoning districts established in this chapter. The following regulations pertaining to the floodway district shall be in addition to the regulations of the underlying districts and other city ordinances.

(Ord. No. 181, § 3-11, 4-12-78)

The floodway district shall be that section of the "Area of Special Flood Hazard" designated as "floodway" on the flood insurance rate map (FIRM). Interpretation of the FIRM, as to the locations of the boundaries of the floodway or resolution of conflicts between the maps and actual field conditions shall be the responsibility of the city engineer.

(Ord. No. 181, § 3-11.1, 4-12-78; Ord. No. 467, § 4, 1-11-06)

Development within the floodway district shall not be commenced without first obtaining a zoning permit from the zoning administrator. Zoning permits shall only be approved for development within the floodway district for permitted uses and special exceptions approved by the zoning board of adjustment subject to the provisions of this chapter and only after all other permits required by federal, state and local laws have been issued by the appropriate government agency.

(Ord. No. 181, § 3-11.2, 4-12-78)

Uses permitted in the underlying zoning districts unless specifically prohibited in section 22-451 are permitted in the floodway district subject to the conditions and regulations of section 22-452.

(1)

Recreational vehicles shall be permitted if they are:

a.

On the site for fewer than one hundred eighty (180) days;

b.

Fully licensed and ready for highway use; and

c.

permitted in the underlying zoning district.

(2)

Reserved.

(Ord. No. 181, § 3-11.3, 4-12-78; Ord. No. 356, 4-13-94)

Uses permitted by special exceptions in the underlying zoning districts unless specifically prohibited in section 22-451 are permitted by special exception in the floodway district subject to the conditions and regulations of section 22-452.

(Ord. No. 181, § 3-11.4, 4-12-78)

The following uses are prohibited within the floodway district:

(1)

New buildings, structures, and manufactured housing and substantial improvements to existing buildings, structures and manufactured housing.

(2)

Fill and obstructions.

(3)

Development and encroachments which are determined by the city engineer to adversely affect the flood-carrying capacity of the floodway.

(4)

Storage of materials, supplies and equipment.

(5)

The dumping or disposal of waste materials except for agricultural or farming purposes.

(6)

Development and uses which when flooded are dangerous to health, safety, and property or are vulnerable to floods including equipment during initial construction.

(7)

New and replacement on-site waste disposal systems.

(8)

Recreational vehicles placed on a site for one hundred eighty (180) or more consecutive days or not fully licensed and ready for highway use.

(Ord. No. 181, § 3-11.5, 4-12-78; Ord. No. 356, 4-13-94)

All development in the floodway district whether permitted or allowed by special exception shall be subject to the following regulations:

(1)

The watercourse of the river or stream shall not be altered or relocated so as to diminish the flood carrying capacity. The zoning administrator prior to issuing a zoning permit for altering or relocating the watercourse of the river or stream shall notify the adjacent communities, the state water resources board, and the state office of comprehensive planning and obtain proof that the applicant has received all required permits from other governmental agencies. Copies of all such notifications shall be sent to the federal insurance administrator.

(2)

New and replacement water supply systems within the floodway district shall be designed to minimize or eliminate infiltration of flood waters into the system.

(3)

New and replacement sanitary sewer systems within the floodway district shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood waters.

(Ord. No. 181, § 3-11.6, 4-12-78; Ord. No. 236, § 3, 12-14-83)

(a)

Applications. Applications for a zoning permit to develop within the floodway district shall include plans drawn to scale showing the nature, dimensions, and location of the proposed development. The plans shall indicate existing and final ground elevations with respect to mean sea level, extent of any earthwork, dredging, and excavation, proposed river or watercourse alterations, and utility locations and protection.

(b)

Records. The zoning administrator shall maintain for public inspection copies of all approved zoning permits for development within the floodway district.

(c)

Requests for variances. If the applicant, upon appeal, requests a variance as authorizes by RSA 674:33, I(b), the applicant shall have the burden of showing, in addition to the usual variance under state law, the following:

(1)

That the variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense;

(2)

That if the requested variance is for activity within a designated regulatory floodway, no increase in flood levels during the base flood discharge will result;

(3)

That the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d)

Notification of applicants for variances. The zoning board of adjustment shall notify the applicant in writing that the issuance of a variance to construct below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage and such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions.

(e)

Records and reports of variances. The community shall maintain a record of all variance actions, including their justification for their issuance, and report such variances issued in its annual or biennial report submitted to FEMA's Federal Insurance Administrator.

(Ord. No. 181, § 3-11.7, 4-12-78; Ord. No. 236, § 3, 12-14-83; Ord. No. 323, § 6, 4-25-90)

The streambank district shall be superimposed upon the other zoning districts established in this chapter with the exception of the floodplain and floodway districts. The regulations of this section shall be in addition to the regulations of the underlying districts and other city ordinances and apply to those watercourses and sections thereof listed in section 22-468 which are not located within the floodplain and floodway districts.

(Ord. No. 181, § 3-12, 4-12-78)

The streambank district shall be comprised of that land inundated by ordinary high water and all abutting land within seventy-five (75) feet of the ordinary high water mark (measured horizontally) on both sides of the watercourse.

(Ord. No. 181, § 3-12.1, 4-12-78)

The streambank district regulations shall apply to the following watercourses:

(1)

Rivers:

a.

Connecticut.

b.

Sugar.

(2)

Streams and brooks:

a.

Grandy.

b.

Gully.

c.

Hubbard.

d.

Meadow.

e.

Quabbinnight.

f.

Redwater.

g.

Smith.

h.

Spring Farm.

i.

Stevens.

j.

Tyler.

k.

Walker.

(3)

Unnamed watercourses. All watercourses other than those listed in (1) and (2) above which are indicated on the United States Geological Survey Map of the city. Interpretation of this map and resolution of conflicts between the map and actual field conditions shall be the responsibility of the city engineer.

(Ord. No. 181, § 3-12.2, 4-12-78)

The following uses are prohibited within the streambank district:

(1)

Structures located within fifty (50) feet of the ordinary highwater mark.

(2)

The addition or transfer of earth or other materials that would adversely affect the hydraulic capacity of the watercourse.

(3)

Excavation or removal of such quantities of earth, trees, shrubs, and ground cover that would significantly alter the hydraulics of the watercourse or result in undue erosion and or the silting of downstream areas.

(4)

On-site sewage disposal systems.

(5)

Relocation or alteration of the watercourse so as to diminish its hydraulic capacity.

(6)

Construction or placement of obstructions that will diminish the hydraulic capacity of the watercourse except for public facilities such as dams and bridges.

(7)

Disposal or dumping of waste materials except for agricultural or farming purposes.

(Ord. No. 181, § 3-12.3, 4-12-78)

No structure shall be erected or altered and no tree allowed to grow above a slope ratio of one (1) foot in vertical height for every thirty (30) feet of horizontal distance measured from the end of the land strips served by such approach district, or above a slope ratio of one (1) foot in height for every seven (7) feet of horizontal distance measured from the sides of the landing strip so served.

(Ord. No. 181, § 3-13.1, 4-12-78)

No use shall be permitted within the airport approach district which involves the emission of steam, smoke, dust, glare or other obstruction to visibility which would create an unsafe approach to the airport.

(Ord. No. 181, § 3-13.2, 4-12-78)