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Manchester City Zoning Code

ARTICLE VII

R-40,000 Residential District

§ 250-34 Purpose.

[Amended 2-12-2019 by Ord. No. 236]
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 certain situations, it may be. Notwithstanding the foregoing, clustering of single­family residential lots in this district is encouraged and may be required. The district would generally coincide with areas designated for low­ density residential development on the Town Master Plan.

§ 250-35 Applicability of regulations.

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

§ 250-36 Principal permitted uses.

[Amended 8-13-2013 by Ord. No. 214]
In the R-40,000 Residential District, the following principal uses shall be permitted.
A. 
Agriculture, as defined in § 250-125; provided any building or feeding pens in which farm animals are kept shall comply with distance requirements specified in § 250-19.
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, community centers, but not storage yards, warehouses or service garages.[1]
[1]
Editor's Note: Original § 105-33E, regarding the conversion and alteration of buildings to accommodate two families, which immediately followed this subsection, was repealed 12-9-2008 by Ord. No. 188.
E. 
(Reserved)
F. 
(Reserved)
G. 
Family day care, as defined in § 250-125.

§ 250-36.1 Clustering.

[Added 2-12-2019 by Ord. No. 236]
Any residential subdivision in the R-40,000 District occurring on land annexed into the Town after October 1, 2018 shall be required to be clustered in accordance with the criteria set forth in § 250-85 governing cluster subdivisions, as same may be amended or recodified from time to time.

§ 250-37 Conditional uses requiring Board authorization.

[Amended 12-12-2006 by Ord. No. 173; 8-13-2013 by Ord. No. 214]
In the R-40,000 Residence District, the following conditional uses require Board authorization.
A. 
The professional office of a resident physician, insurance agent, realtor, or other profession determined by the Board to be similar in use and characteristics.
B. 
Nursery schools or day-care centers.
C. 
Country clubs and recreational uses, including campgrounds, riding trails, summer or winter resort areas, fishing clubs, game preserves and similar uses.
D. 
(Reserved)
E. 
(Reserved)
F. 
Antique shops and arts and craft shops where operated solely by the resident.
G. 
(Reserved)
H. 
Cable television (CATV) facilities of any person, firm or corporation which is franchised by the Mayor and Council of the Town of Manchester to provide cable television services within Manchester subject to site plan approval by the Commission.
I. 
Bed-and-breakfast, subject to the provisions of § 250-13 hereof.
J. 
Community solar energy generating system (CSEGS), subject to the provisions of § 250-8 hereof, as amended herein.
[Added 7-14-2020 by Ord. No. 244]

§ 250-38 Accessory uses.

[Amended 12-9-2008 by Ord. No. 188; 8-13-2013 by Ord. No. 214]
In the R-40,000 Residence District, the following accessory uses shall be allowed:
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. 
Swimming pools, tennis and other similar courts, when accessory to a residence, subject to the provisions of § 250-26 hereof.
E. 
One private stable as regulated in § 250-25.
F. 
A private parking area, not including commercial parking lots, on the same premises as any permitted, conditional or nonconforming use; and private parking areas off premises, subject to § 250-77B.

§ 250-39 Height regulations.

[Amended 9-13-2011 by Ord. No. 203]
No principal structure shall exceed 2 1/2 stories or 35 feet in height, and no accessory structure shall exceed the maximum height restrictions as described in § 250-26C.