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Hampstead City Zoning Code

ARTICLE VI

R-40,000 Residence District

§ 135-50 Purpose.

The purpose of this district is to provide a location for single-family residential development, the individual lots of which contain a minimum of 40,000 square feet. This district is generally not intended to be served with public water or sewerage facilities, although, in special situations, it may be. The district would generally coincide with areas designated for low-density residential development on the Town Master Plan.

§ 135-51 Applicable regulations.

The following regulations, including the applicable regulations of other articles, shall apply in the R-40,000 Residence District.

§ 135-52 Principal permitted uses.

Principal permitted uses shall be as follows:
A. 
Agriculture, as defined in § 135-3, provided that any building or feeding pen in which farm animals are kept shall comply with distance requirements as specified in § 135-20.
B. 
Churches, schools and colleges.
C. 
Dwellings, single-family.
D. 
Buildings and properties of a cultural, civic, educational, social or community service type, such as libraries, ponds and playgrounds and community centers, but not storage yards, warehouses or service garages.

§ 135-53 Conditional uses requiring Board authorization.

Conditional uses requiring Board authorization shall be as follows:
A. 
Antique shops; arts and crafts shops where operated solely by the resident.
B. 
Beauty shops or barber shops, provided that they are one-chair operations and that a resident provides all services in connection with the operation.
C. 
Nursing and/or retirement homes, hospitals (Class A), medical and dental clinics subject to prior approval of the site development plan and the exterior design of the structure by the Commission.
D. 
Funeral establishments.
E. 
Golf courses, country clubs and similar recreational uses privately owned and/or operated.
F. 
Nursery schools or child-care centers.
G. 
Public utility buildings, structures or uses not considered essential utility equipment, as enumerated in the definition of "essential utility equipment" in § 135-3.[1]
[1]
Editor's Note: The definition of "essential utility equipment" was repealed from § 135-3 by Ord. No. 230, adopted 1-19-1993.
H. 
Conversion and alteration of a building existing at the time of the enactment of this chapter (December 26, 1972) to accommodate two families, provided that the requirements of Article XXI and the Health Department are complied with.

§ 135-54 Accessory uses.

Accessory uses shall be as follows:
A. 
Accessory buildings and uses customarily incidental to any principal permitted use or authorized conditional use.
B. 
Incidental home or farm occupations.
C. 
Existing cemeteries, when accessory to a church.
D. 
Guesthouses in accessory buildings.
E. 
Swimming pools, tennis courts and other similar courts when accessory to a residence.
F. 
The keeping of not more than four roomers or boarders by a resident family.

§ 135-55 Height regulations.

[Amended 2-13-2018 by Ord. No. 523]
No principal structure shall exceed 3 stories or 45 feet in height, and no accessory structure shall exceed 2 stories or 20 feet in height, except as provided in § 135-258.

§ 135-56 Lot area, lot width and yard requirements.

The following minimum requirements shall be observed subject to the modified requirements of Article XXX:
Lot Area
Lot
Width
(feet)
Density
Front
yard
depth
(feet)
Side
Yard
Width
(each, feet)
Rear
Yard
Depth
(feet)
Dwellings
40,000 square feet
150
--
60
20
50
Churches
2 acres
200
--
100
50
50
Schools, elementary
20 acres
500
--
150
100
50
Schools, high
30 acres
600
--
150
100
50
Colleges
30 acres
600
--
150
100
50
Hospitals
10 acres
500
--
150
100
50
Utilities
5 acres
200
--
150
25
50
Other permitted and
conditional uses
40,000 square feet
150
--
60
25
75
Nursing homes
45,000 square feet
150
1 bed per 3,000 square feet*
50 min.**
40 min.**
50 min.**
Retirement homes
45,000 square feet
150
1 dwelling unit per 3,000 square feet*
50 min.
40 min.
50 min.
NOTES:
* For those areas in excess of 180,000 square feet, the determination of the density factor will be made by the Commission and the Health Department upon review and approval of the site development plan.
** As lot area increases above the minimum 45,000 square feet, increased provisions for side and rear yards shall be determined by the Commission and the Health Department based on the site development plan.