Laconia City Zoning Code
ARTICLE VI
Dimensional Standards
§ 235-31 General provisions.
A.
The creation of any lot of record or the development of any existing or newly created lot of record shall be subject to the dimensional standards established within this article except as specifically exempted elsewhere in this chapter. The Table of Dimensional Standards[1] is intended to provide a comprehensive list of the required standards for each district and type of use.
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
B.
Exemption for property affected by municipal improvements.
[Added 7-12-1999 by Ord. No. 10.99.10]
(1)
As to any lot upon which a vested conforming or nonconforming use has been established, the subsequent acquisition by the City of a fee or other interest in any portion of the lot, either by agreement or through the exercise of eminent domain or otherwise, the effect of which acquisition is to render the size or other dimensional feature of the lot nonconforming or to increase any previously existing nonconformity that was lawfully established, shall not be deemed to create a violation of the dimensional requirements of this chapter. Notwithstanding the foregoing, any later change or expansion of use of the lot or structure thereon shall be subject to all relevant dimensional standards and other provisions of this chapter.
(2)
The acquisition by the City of a fee or other interest in any portion of an undeveloped lot, either by agreement or through the exercise of eminent domain or otherwise, shall not relieve the owner or developer of the lot from compliance with all dimensional requirements under this chapter which are otherwise applicable to any subsequent development of the remaining lot.
§ 235-32 Minimum lot size.
A.
General. Except as provided in Article X, Nonconforming Lots, Uses and Structures, no principal building or use shall be constructed or established on a lot having less than the prescribed minimum lot size. For lots of record under one acre (43,560 square feet), minimum lot size shall be measured to the nearest square foot. For lots of record one acre (43,560 square feet) or more, the minimum lot size shall be measured to the nearest one 1/100 of an acre.
B.
On-site septic system. Where an on-site septic system is permitted and will be utilized, the minimum lot size shall include the land area required to meet state and local requirements governing the installation of such a system.
C.
Lot reduction permitted. A lot may not be so reduced as to fail to satisfy any minimum dimension, area or setback required for a permitted principal use.
D.
Buildable land area, residential. Each lot developed for single-family or two-family residential development shall have a minimum of 20,000 square feet of buildable land area where on-site septic or water supply are permitted and will be utilized. Lots served by municipal water and sewer shall meet the following square footage requirements for buildable land area:
[Amended 3-23-1998 by Ord. No. 03.98.03]
(1)
RR1 and RR2: 6,000;
(2)
RS and SFR: 4,500;
(3)
RG, RA, CR, C, and UC: 3,000.
[Amended 8-26-2019 by Ord. No. 2019-235[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection D(4), which immediately followed and set forth buildable land area requirements for the BC and BCI Districts, and former Subsection D(5), added 5-22-2000 by Ord. No. 05.2000.05, which set forth buildable land area requirements for the DR District.
E.
Open space lots. Lots created solely for the purposes of activities as outlined in § 235-40B(3)(b)[2] and [3] which fall under the categories of limited use open space or conservation use open space, whether part of a conventional or cluster subdivision, are exempt from the minimum dimensional requirements, provided that access is provided and the restrictions are appropriately documented on the recorded subdivision plan.
[Added 8-13-2001 by Ord. No. 05.2001.05]
§ 235-33 Maximum residential unit density.
Residential unit density shall be as prescribed in the Table of Dimensional Standards.[1]
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
§ 235-34 Minimum lot frontage.
Lot frontage shall be as prescribed in the Table of Dimensional Standards[1] except as permitted below and shall be measured along the shared boundary of the lot and the access street.
A.
Frontage on dead-end streets. For any lot having a minimum of 50% of its frontage on the curve of a permanent turnaround at the terminus of a dead-end street, frontage may be measured at the required front setback line.
B.
Corner lots. In the case where a lot is located on two or more streets, the minimum frontage dimension shall apply to at least one frontage. Additional street frontages shall have a minimum of a 1:3 ratio to the required frontage or 50 feet, whichever is greater.
[Amended 8-13-2001 by Ord. No. 05.2001.05]
C.
Shorefrontage. Frontage along the shoreline shall be measured in straight line segments (chords) of 25 feet, following the shore, but crossing the mouths of streams or irregular indentations less than 50 feet in width.
[Added 10-14-1997 by Ord. No. 10.97.10]
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
§ 235-35 Minimum setback requirements.
A.
Front setback. The minimum front setback shall be determined by a line parallel to the street right-of-way line extending from one side lot line to the other, a distance specified in the Table of Dimensional Requirements.[1] Ornamental features, eaves and cornices may project two feet within the front setback. In the case of corner lots, the front setback shall be observed for all adjacent street frontages.
[1]
Editor's Note: Said table is included at the end of this chapter.
B.
Side and rear setbacks. Side and rear setbacks shall be determined by a line parallel to the side or rear lot line and located a distance from the side or rear line as specified in the Table of Dimensional Requirements.[2] In the case of irregularly shaped lots the side setbacks shall apply to all lot lines except that line most parallel to and most distant from the front lot line. Ornamental features, eaves and cornices may project two feet within the side and rear setbacks. (Note: See Article VII, Supplemental Provisions, Residential Accessory Buildings.)
[2]
Editor's Note: Said table is included at the end of this chapter.
C.
Exceptions for developed areas. In the RS, SFR, RG, RA, CR and UC Districts where vacant lots of record exist as of the date of this chapter adoption, the minimum setback may be the average of the setbacks of the existing dwellings or buildings on the immediately adjacent lots.
[Amended 8-13-2001 by Ord. No. 05.2001.05; 8-26-2019 by Ord. No. 2019-235]
D.
Special setback areas. For the purpose of providing sufficient open area for eventual widening and reconstruction of collector streets, buildings, structures and appurtenances shall maintain a fifty-foot setback from the center line of the following streets or the required front setback, whichever is greater. Signs are exempt from this setback.
[Amended 8-13-2001 by Ord. No. 05.2001.05]
(1)
Court Street.
(2)
Main Street, North and South, including Old North Main Street.
(3)
Endicott Street North (Route 3) (formerly Daniel Webster Highway).
(4)
Endicott Street East (Route 11B) (formerly Winnipesaukee Shore Road).
(5)
Parade Road (Elm Street to the Meredith Town line).
(6)
Meredith Center Road.
(7)
Elm Street.
(8)
Roller Coaster Road.
(9)
White Oaks Road.
(10)
Belmont Road (Route 106).
(11)
Province Road (Route 107).
(12)
North Main Street Bypass (Route 107).
(13)
Union Avenue.
(14)
Weirs Boulevard.
(15)
Lake Street.
E.
Nonresidential buildings. When a nonresidential building is constructed in a commercial district on a lot of record the side or rear lot line of which is the boundary between the commercial district and a residential district, the setback from such side or rear lot line shall be the same as if the nonresidential building were located in the abutting residential district.
F.
Building setbacks in the Urban Commercial (UC) District. In addition to the setbacks as prescribed in Table II, Dimensional Requirements the following additional standards shall apply:
[Added 5-22-2000 by Ord. No. 05.2000.05; amended 8-26-2019 by Ord. No. 2019-235]
(1)
Between buildings. In addition to the ten-foot side setback required, all new buildings or additions to existing buildings shall be erected in such a location that would, to the greatest extent possible, provide a twenty-foot separation from any other existing building located on an adjacent lot.
(2)
Waterfront setback. All new buildings and additions to existing buildings shall be a minimum of 15 feet from the high-water mark, as defined by the State of New Hampshire. In addition, all such buildings or building additions shall be a minimum of the distance equal to 75% of the height of the building, not including cupolas, spires, antennas and chimneys.
§ 235-36 Green space.
A.
Development, redevelopment or expansion of development of existing and newly created lots of record shall occur in such a manner that green space in the amount as prescribed by the Table of Dimensional Requirements[1] is retained or developed. The applicant shall make all efforts to provide green area that provides a buffer to adjacent properties and adjacent streets, provides passive amenities to the patrons and employees of the development and is an integral part of the overall design and architecture of the development. Where lots are split by districts, green space will be calculated based on the proportionate amount of the lot in each district. Total green space provided may be distributed throughout the lot.
[Amended 8-13-2001 by Ord. No. 05.2001.05]
[1]
Editor's Note: Said table is included at the end of this chapter.
B.
Urban Commercial District, special standards. Green space shall be a minimum of 20% as prescribed by the Table of Dimensional Requirements[2] However, land dedicated to and developed for nonmotorized public access and use, including but not limited to patios, squares and walkways, etc., may be substituted for up to 50% of the green space required even though the surface treatment is other than as defined by this chapter for green space.
[Added 5-22-2000 by Ord. No. 05.2000.05; amended 8-26-2019 by Ord. No. 2019-235]
[2]
Editor's Note: Said Table is included as an attachment to this chapter.
§ 235-37 Building height.
The height of a building shall be measured from the highest point of any roof or parapet to the average finished grade of the structure. Chimneys, spires, cupolas, television antennas and other parts of buildings or structures not intended for human occupancy shall not be more than 15 feet above the district limit.
§ 235-38 Residential and commercial uses on the same lot of record.
[Amended 5-22-2000 by Ord. No. 05.2000.05]
Where multiple uses are permitted on the same lot of record and additional uses or change of use(s) are proposed, the applicant shall document that all uses conform with regard to the density and green area requirements for each separate and distinct use in order to establish additional uses on such a lot. In no case may land area, setback requirements, green space or density be shared between separate and distinct uses. Nonconformities of setbacks, height restrictions, signs or use shall not prohibit the establishment of an additional conforming use.