The lot has been duly recorded at the Strafford County Registry of Deeds on or before the effective date of adoption of this chapter.

Should the lot be less than 5,000 square feet and not have a minimum width of 50 feet, it may be developed as long as the home constructed is no larger than 1,000 square feet in total living space.

If the lot has a land area of at least 5,000 square feet and a minimum width of 50 feet, a home constructed may be larger than 1,001 square feet in total living space.

In either case, the following side yard restrictions shall apply:

The above relief afforded for construction on nonconforming lots shall not apply to uses which are subject to either a Special Exception or a Conditional Use permit granted through the Zoning Board of Adjustment.

For each bedroom of a multifamily (greater than four dwelling units) residential structure, there shall be provided at least 100 square feet of usable recreation space. Half of this required recreation space shall be provided in such a manner so as to afford active recreational opportunities for children, to include such facilities as swings, sandboxes, slides, play areas, etc. The remainder of the required recreation space shall be provided in such a manner so as to afford passive recreational opportunities for adults, such as sitting areas, outdoor cooking facilities, walkways, etc. The active and passive recreational facilities may be combined or separated as appropriate to the site and to the anticipated occupancy needs of the development.

The minimum distance between any main building and any accessory building not structurally attached to such main building shall comply with any and all applicable regulations as specified in the currently-adopted Fire Code.

No part of a yard or other recreation space required for any building for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other recreation space similarly required for another building.

Nonresidential uses requiring site plan review shall be at least 150 feet from all existing residential structures located within residential zones.

A continuous and year-round visual buffer of either vegetation or fencing shall separate nonresidential structures or parking areas from existing residential structures located to the rear and side of any proposal.

All screening and setback requirements pursuant to this section shall not be binding in the IT or any mixed-use zoning district.

All recreation space requirements pursuant to this section shall not be binding in the CBD–General, TOD and CWD districts.

Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension, except for doors and gates, and if a fence is erected or maintained, the horizontal dimension shall not exceed four inches. A primary dwelling or accessory building or structure may be used as part of the enclosure.

Gates. All gates or door openings through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gates or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

Applicability. The requirements of this chapter shall be applicable to all new swimming pools hereafter constructed, other than indoor pools and temporary wading pools less than 22 inches deep or eight feet in diameter (whichever is more restrictive), and shall apply to all existing pools which have a minimum depth of 22 inches of water. No person in possession of land within the City, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a swimming pool having a minimum depth of 22 inches shall fail to provide and maintain such fence or wall as herein provided.

Appeals and hearings. The Board of Adjustment, after public hearing, may make modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the fence, wall, gates or latches or the necessity therefor, provided that the protection as sought hereunder is not reduced thereby. The Board of Adjustment may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein.

State requirements. Swimming pools shall conform to all requirements of the New Hampshire Department of Health and Human Services.

Option to fence regulation. When not in attendance, access ladders or slide ladders to pool shall be removed or raised and locked or otherwise made inaccessible from the outside to small children.

The structure cannot feasibly and practicably be constructed on the lot in compliance with the Table of Dimensional Regulations;

The structure must not create a hazard or detrimental impact to surrounding properties.