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Derry City Zoning Code

ARTICLE IX

Conservation Corridor Overlay District

§ 165-70 Purpose; conflicting provisions.

The purpose of this article is to regulate uses in important wetland and watershed areas. The objective is to prevent the destruction of watershed areas and wetlands which provide flood protection, recharge of groundwater supply, and augmentation of stream flow and to protect the community against the costs that may be incurred when unsuitable development occurs in swamps and marshes, along watercourses, or in areas subject to floods. In the event of conflict between the requirements of this article and the permitted uses within a zoning district, the requirements of this article shall take precedence.

§ 165-71 Location.

[Amended 4-19-2005; 2-16-2012]
This area, to be known as the "Conservation Corridor," shall be all lands in the one-hundred-year floodplain determined by the Federal Insurance Administration's Flood Insurance Rate Maps (FIRM) dated May 17, 2005, on file with the Town Clerk, Planning Board and Building Inspector. These maps, as well as the accompanying Flood Insurance Study of Rockingham County, NH, are incorporated herein by reference.

§ 165-72 Permitted uses.

The following uses are permitted within this district:
A. 
Agriculture.
B. 
Forestry.
C. 
Wildlife management.
D. 
Outdoor recreation activities, provided that they do not alter the existing topography.
E. 
Construction and maintenance of public water supply systems.
F. 
Construction and maintenance of public sewer and utility systems.
G. 
Accessory uses and structures usually associated with these permitted uses, provided that such accessory uses do not affect the existing topography and that no accessory building is larger than 500 square feet.

§ 165-73 Prohibited uses.

The following uses are prohibited in this district:
A. 
All new construction or placement of new buildings, except as provided in § 165-72.
B. 
New subsurface waste treatment systems.
C. 
Piggeries.
D. 
Manure stockpiling.
E. 
Mink farms.
F. 
Amusement parks.
G. 
Race tracks.
H. 
Outdoor movie theaters.
I. 
Junkyards.
J. 
Any use that, in the opinion of the Building Inspector, is contrary to the intent or purposes of this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 165-74 Special exceptions.

A special exception for the expansion of an existing use may be granted by the Zoning Board of Adjustment, provided that:
A. 
It is shown, by the applicant, that such expansion will not be contrary to the purposes set forth in this article; and
B. 
Written recommendations of the Conservation Commission are considered by the Zoning Board of Adjustment.