Raymond City Zoning Code
ARTICLE 2
General Provisions
§ 197-2.1 Pre-existing, nonconforming lots.
2.1.1.
Notwithstanding the area, frontage, setback or other dimensional requirements of this ordinance, nothing in this ordinance shall be construed as restricting, limiting or otherwise prohibiting the sale, purchase, financing or refinancing of any building or structure located on a pre-existing, nonconforming lot as of the effective date of this ordinance or any subsequent amendment thereto. The Town of Raymond Code Official is authorized to issue a certification confirming the applicability of this provision to any particular building or structure. (03/1994 & 03/1996)
2.1.2.
Pre-existing (as of 03/01/1996), nonconforming lots are suitable for building purposes, provided that such lots can meet current setbacks and can obtain the necessary driveway permits from a Town-maintained road and comply with current health, safety and environmental codes, ordinances and regulations. (03/2000)
2.1.3.
To prohibit making pre-existing, nonconforming lot more nonconforming by any changes to lot area, frontage, setbacks, or other dimensional requirement of the ordinance. (03/2020)
§ 197-2.2 Use, nonconforming. (03/2000)
2.2.1.
Existing at adoption. A use which exists at the time of adoption of this ordinance section may continue unless that use is found to be an imminent danger to the public health, safety or welfare. In such case, the use must immediately either be brought into conformance with the ordinance or cease.
2.2.2.
Re-establishment limited. No pre-existing, nonconforming use shall be allowed to be re-established after five years of being abandoned or closed.
2.2.3.
Expansion limits. Expansion of any use by 25% or more is not permitted.
2.2.4.
Exceptions to expansion limits. Excepted from this requirement are single-family detached residential-type occupancies which are allowed expansion of not more than 100%, provided all health, safety, septic, setback and building code requirements can and will be met.
§ 197-2.3 Fire-damaged structures.
No owner or occupant of land within the Town of Raymond shall permit fire or other ruins to be left, but shall within six months remove and refill the same to clear ground level or shall repair, rebuild, or replace the structure. The Selectmen, upon request, for reasonable cause that they deem adequate, may authorize extension of up to 90 days.
§ 197-2.4 Prohibited uses.
Any use of land or buildings that is or may become obnoxious or injurious by reason or production or emission of odor, dust, fumes, noise, vibration, excessive smoke or refuse matter or similar conditions that are dangerous or offensive to the health, safety, comfort, peace or enjoyment of the community or lending to its disturbance is prohibited.
§ 197-2.5 Road names.
To prevent duplication and/or similar sounding road names, both public and private, the Planning Board shall approve all proposed road names prior to use. (03/1997)
§ 197-2.6 Vehicles parking and storage.
For any use of land or buildings that is such as to attract vehicles, adequate space shall be provided on the property to accommodate all such vehicles.
§ 197-2.7 Building height.
The maximum building height for all new construction within the Town of Raymond shall be three stories (four stories for sprinkled buildings) in the Commercial (C.1), Commercial/Residential (C.2), Industrial (D), Manufactured Housing (E), Residential (A) and Residential/Agricultural (B) Zoning Districts; except six stories shall be permitted in the Commercial/Residential (C.2) Zoning District where Town water and Town sewer are provided within the Sewer Overlay District.
2.7.1.
A story is considered to be a maximum of 10 feet in height.
2.7.2.
Building height shall be measured on 2/3 of the building perimeter from the adjoining ground level (by utilizing an average between the highest and lowest points) to the uppermost ceiling.
2.7.3.
For any building exceeding 30 feet in height, the minimum building setbacks from the property line shall equal the height of the building. This requirement shall not supersede the minimum dimensional requirements of Article 15 of the Zoning Ordinance, entitled "Area and Dimensional Requirements & Associated Notes."
2.7.4.
These height restrictions do not apply to necessary appurtenant structures such as church spires, belfries, cupolas, smokestacks, flagpoles, antennae, and unenclosed mechanical equipment.
§ 197-2.8 Disability access structures. (03/2010)
Pursuant to the authority under RSA 674:16 and RSA 674:17 to adopt zoning ordinances to promote health and general welfare, and in order to provide building access for persons with disabilities, consistent with the intent of RSA 674:33 (V) and the Americans with Disabilities Act, 42 U.S.C. § 12132, the Code Official is authorized to grant building permits for disability access structures as referenced in § 197-8.1, Subsection 8.1.3.2, notwithstanding that such disability access structures may not comply with area dimension or setback requirements, provided that the applicant meets the following criteria:
2.8.1.
Disability access structures are necessary to allow a person or persons with a recognized physical disability to reside in or regularly use the premises.
2.8.2.
The construction of disability access structures as limited by this subsection will otherwise be in harmony with the general purpose and intent of the Zoning Ordinance.
2.8.3.
If the above criteria are met then the building permit shall be issued, and it shall be valid for only such time as the disabled resident (or other disabled persons regularly using the premises at the time of the application) has a continuing need to use the premises.
2.8.4.
A notice of the building permit, on a form to be prepared by the Code Official, shall be recorded at the Rockingham County Registry of Deeds and kept on file at the Town Office.
§ 197-2.9 Wetlands.
All development that requires Planning Board approval or re-approval, as determined by the Code Official, shall be subject to the following:
2.9.1.
In recognition that the majority of drinking water supply sources come from groundwater; and, further, that wetlands provide the chief source of groundwater recharge, all development shall result in no net loss of area or function of wetlands. This must be achieved within the same watershed of the proposed development area. In order of preference, no net loss shall be achieved utilizing the following approaches with input for the Raymond Conservation Commission:
2.9.1.1.
Achieve no net loss within the boundaries of the proposed development area and within the Town of Raymond boundaries;
2.9.1.2.
Achieve no net loss within Town of Raymond boundaries and within a five-mile radius of the development area;
2.9.1.3.
In cases where neither option 2.9.1.1 nor option 2.9.1.2 can be reasonably achieved, as determined by the Planning Board based upon the applicant's application and testimony and the input of the Raymond Conservation Commission, no net loss shall be achieved within a five-mile radius of the same watershed as the proposed development area.
2.9.1.4.
Applicants to the Planning Board shall be required to work within the framework of techniques, latest technology and best management practices available in the Town of Raymond and the State of New Hampshire to further the objective of achieving no net loss of wetlands.
§ 197-2.10 Campers.
2.10.1.
Campers may be stored, unoccupied, at the owner's premises or permanent domicile in any zone in the Town of Raymond for any period of time.
2.10.2.
Campers or tents may be occupied for camping in all zones of the Town of Raymond for up to 90 days of the year, providing proper sanitary facilities are available as determined by the Health Officer.
2.10.3.
Campers shall not be occupied as a permanent dwelling at any time in the Town of Raymond. (03/1971)
§ 197-2.11 Petroleum tanks.
All petroleum tanks in Raymond shall conform to regulations issued by the New Hampshire Department of Environmental Services (DES, currently regulation Env-WS 411), and tanks not covered by Env-WS 411 shall be installed and maintained in accordance with the applicable NFPA Codes.
§ 197-2.12 Temporary buildings.
Temporary buildings of any type that are normally used as offices and storage facilities at construction sites will be permitted on the site upon which the construction work is being accomplished for the duration of the construction.
§ 197-2.13 Junkyards.
No new junkyards as defined in Article 13 shall be established, opened, or operated within any zone. No existing junkyards within the Town shall be expanded or in any way enlarged unless a variance is granted by the Board of Adjustment after public hearings in accordance with NH RSA 236:112 et seq. or any amendments or successors to the ordinance.
§ 197-2.14 Manufactured home age restriction.
All new placements of manufactured homes and replacements of all existing manufactured homes shall meet all existing U.S. Department HUD standards at the time of manufacture. Manufactured Homes older than five years shall not be allowed. (03/1998)