Raymond City Zoning Code
ARTICLE 6
Miscellaneous Provisions
§ 197-6.1 Sign regulations.
6.1.1.
Definitions. (03/2009)
BILLBOARD
An off-premises sign that identifies or communicates commercial or noncommercial information related to an activity, service or product.
EFFECTIVE DATE
The date the amendment is adopted.
ELECTRONIC READER BOARD
An electrically activated, changeable sign whose variable message capability can be electronically programmed.
FREESTANDING SIGN
A sign supported by one or more upright poles, columns, or braces placed in the ground and not attached to any building or structure. A sign that stands without supporting elements, such as a "sandwich sign," is also a freestanding sign. A freestanding sandwich sign shall not exceed four square feet and shall be removed from view when the business is not open.
INTERNALLY ILLUMINATED SIGNS
Signs where the source of the illumination is inside the sign and the light emanates through the message of the sign.
NONELECTRONIC CHANGEABLE LETTER SIGN
A sign that is designed so that the message, characters, letters or illustrations can be manually changed (as opposed to electronically changed) or re-arranged without altering the face or surface of the sign.
ON-PREMISES SIGN
A sign that communicates information about a business, service product, accommodation or attraction that exists or is conducted entirely on the site where the sign is located.
PROMOTIONAL TOOL
Any outside display of a nonpermanent nature, which is not part of an approved site plan, that can be easily installed and taken down and is utilized for the purpose of publicizing a product, organization, or venture so as to increase sales or public awareness of the business, activity, product, service or special circumstance at the site. Examples of promotional tools include, but are not limited to: inflatables, flutter flags, air dancers and banners. (03/2013)
SIGN
A device or structure designed or intended to convey information to the public in written or pictorial form.
TEMPORARY SIGN
A sign or display that is used for a specific circumstance, situation or event intended or expected to take place or be completed within a short or definite period of time and will be up for not more than 30 days, and not more than two times per calendar year.
WALL SIGN
A sign painted, stenciled or affixed on a window, which is visible from a right-of-way.
6.1.2.
Permit required for signs. Except as provided in Subsection 6.1.3, no sign may be constructed, erected, moved, enlarged, illuminated or substantially altered except in accordance with the provisions of this section. Painting or change of message is not a substantial alteration.
6.1.2.1.
If plans are submitted for a building permit, site plan review or other land use approval and the plans are of sufficient detail to make a determination, the approving body shall determine whether the proposed sign complies with the provisions of this section; if compliance is determined, a sign permit will be issued as part of the overall approval process.
6.1.2.2.
Signs not approved as provided for in Subsection 6.1.2.1, and not exempted, may be constructed, erected, moved, enlarged, illuminated or substantially altered only in accordance with a sign permit issued by the Code Official. In the case of a lot occupied by multiple business enterprises (e.g., shopping center), the Code Official may issue the permit in the name of the lot owner or his agent. While the Town may assist the owner by suggesting a formula for the allocation of the maximum square footage of sign area, the Town shall be responsible for the enforcement of the provisions of this section and not the provisions of any allocation formula.
6.1.3.
Signs excluded from regulation. The following signs are exempt from the regulations:
6.1.3.1.
Signs less than four square feet of a residential nature.
6.1.3.2.
Signs erected by action of a governmental body.
6.1.3.3.
Official noncommercial signs erected by public utilities.
6.1.3.4.
Flags, pennants, etc. of any public or nonprofit body.
6.1.3.5.
Integral decorative or architectural features.
6.1.3.6.
On-site directional signs less than four square feet.
6.1.3.7.
Church bulletin boards less than 16 square feet.
6.1.3.8.
Signs painted or permanently attached to vehicles.
6.1.3.9.
Religious, political or noncommercial signs less than 16 square feet.
6.1.3.10.
The following temporary signs are permitted without a zoning determination, site plan approval or a sign permit:
6.1.3.10.1.
Residential real estate signs with a maximum size of six square feet.
6.1.3.10.2.
Commercial/Industrial real estate signs with a maximum size of 32 square feet.
6.1.3.10.3.
Limit of one real estate sign (of any type) per lot.
6.1.3.10.4.
Construction site identification signs.
6.1.3.10.5.
Window signs.
6.1.3.10.6.
Displays erected in connection with holidays.
6.1.3.10.7.
Signs erected in connection with elections/campaigns.
6.1.3.10.8.
Signs indicating a special event; two weeks prior, plus three days.
6.1.3.10.9.
Other temporary signs: one, with a maximum size of four square feet, three days/occasion.
6.1.3.10.10.
Promotional tools are permitted without a zoning determination, site plan approval or a sign permit as long as they comply with all of the following:
6.1.3.10.10.1.
The number of promotional tools utilized at any given time does not exceed two per business at any given time; dimensions not to exceed 12 feet in height and three feet in width per promotional tool;
6.1.3.10.10.2.
The positioning of promotional tools does not impede drivers' sight lines entering or exiting a site;
6.1.3.10.10.3.
Promotional tools are adequately secured so as to prevent dislodging during weather events;
6.1.3.10.10.4.
All promotional tools shall only be located on the lot where the activity, product, service or special circumstance is offered or taking place; and
6.1.3.10.10.5.
Each promotional tool shall bear the name of the business or owner of the device for ease of identification of the responsible party due to its ease of removal.
6.1.3.10.10.6.
Any promotional tool that does not easily lend itself to the application of this definition or application of the dimensional criteria shall require a special sign permit from the Planning Board. The Planning Board may issue a special sign permit if it finds that the promotional tool being proposed meets the intent of this section and is not adverse to public safety.
6.1.4.
Total sign surface area for permanent signs.
6.1.4.1.
The maximum sign surface area permitted on any lot in a Residential Zone is four square feet per side for a maximum of two sides.
6.1.4.2.
Subject to other provisions, the maximum sign surface area in the Commercial 1 (C.1), Commercial 2 (C.2), Commercial 3 East and West (C.3E and C.3W) and Industrial Zones shall be determined as follows (03/2020):
6.1.4.2.1.
Single business enterprises within a multi-unit location are allowed a maximum of 64 square feet of sign surface area on the building.
6.1.4.2.2.
In no case may the total sign surface area on all sides exceed 300 square feet.
6.1.4.2.3.
For lots with less than 100 feet of frontage, a maximum of 50 square feet of surface area per side shall be allowed, two sides maximum.
6.1.4.2.4.
For those lots with 101 feet to 200 feet of frontage, there may be up to 0.5 square foot of sign surface area per linear foot of total street frontage per side, two sides maximum.
6.1.4.2.5.
For those lots in excess of 200 feet of frontage, there may be up to 0.75 square foot of sign surface area per linear foot, per side, two sides maximum.
6.1.4.2.6.
In no case may the total sign surface area on all sides exceed 300 square feet.
6.1.5.
General provisions. All signs and components shall be maintained and kept in a state of good repair. Nonelectronic changeable letter signs shall only be allowed when permanently installed and wired in accordance with the State of New Hampshire Electrical Code. No person, for the purpose of enhancing the visibility of any sign, shall damage, trim, destroy or remove trees or other landscaping within the right-of-way of a public street, on property not under his land use approval. Signs, or any component thereof, shall not substantially interfere with the view necessary for motorists, pedestrians or cyclists, to proceed, cause confusion with traffic or governmental signs, or be considered a hazard to public safety. No flashing, animated, electronic reader board or sexually descriptive or suggestive signs will be allowed. (03/2009)
6.1.6.
Freestanding signs. A single side of a freestanding sign shall not exceed the square footage in sign surface area listed in Subsection 6.1.4.2.4, and in no case shall exceed 150 square feet. Where there is no discernible side, such as a sphere, the freestanding sign shall not exceed the maximum total surface area allowed. A development may have no more than two freestanding signs. Freestanding signs shall be securely fastened to the ground or to some other substantial supportive structure, shall meet a ten-foot setback requirement and shall not exceed a height of 30 feet as measured from ground level, with a minimum base height of five feet at the road elevation.
6.1.7.
Sign illumination. Signs may be illuminated if in accordance with this section. (03/2009)
6.1.7.1.
No sign within 150 feet of a Residential Zone may be illuminated between the hours of 12:00 midnight and 6:00 a.m., unless the impact of lighting on abutting lots is inconsequential.
6.1.7.2.
Internally illuminated signs are not permissible in Zones A and B.
6.1.7.3.
Externally or internally illuminated signs shall not cause vagrant lighting, which creates a traffic hazard.
6.1.7.4.
LED (light-emitting diode), fluorescent, or neon lighting shall be allowed to internally illuminate signs.
6.1.7.5.
Neon or LED building accent lighting shall not be allowed.
6.1.8.
Nonconforming signs. Nonconforming signs may not be moved or altered in any way which makes the sign more nonconforming. Repairs and maintenance may be performed, provided that such work shall not enlarge or expand the nonconformity. If the nonconforming sign is removed, it shall be replaced only with a sign conforming to the provisions of this ordinance. If nonconforming signs are damaged by fire or any other cause other than the willful act of the owner or agent, then such sign may be restored or reconstructed at its original site, provided that the restoration or reconstruction will not enlarge the nonconformity. Such restoration or reconstruction must be started within one year of damage or destruction and must be completed within two years of such damage or destruction. Off-premises signs protected from enforced removal by the Outdoor Advertising Control Act shall not be subject to the provisions of this section. (03/2009)
6.1.9.
(Reserved) (03/2021)
6.1.10.
Rail Trail Signage (RTS) District. (03/2015)
6.1.10.1.
District boundaries. The RTS District is shown on the Official Zoning Map of the Town of Raymond as two twenty-foot-wide corridors parallel to the north and south sides of the Rockingham Recreational Rail Trail - Portsmouth Branch, within the Town of Raymond boundaries.
6.1.10.2.
Purpose. The RTS District is established to orient rail trail users to the location of nearby attractions in Raymond.
6.1.10.3.
Standards.
6.1.10.3.1.
Sign design. Signage within the RTS District, with the exception of signage within the RTS Commercial Zones, shall contain noncommercial directional and informational messages and be a design type similar to that pictured below and shall not be illuminated:
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6.1.10.3.2.
Sign materials. Signage shall be of wood. Signs shall be mounted on treated posts as pictured above, using an adequate attachment method (lag bolts, etc.).
6.1.10.3.3.
Dimensional requirements. Signage shall not exceed six square feet and must be located at a height so as to be visible between three feet and six feet above the surface grade of the trail.
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6.1.10.3.4.
Spacing requirements. Posts containing signage shall be spaced a minimum of 50 feet between signs, except within the RTS Commercial Zones as described below.
6.1.10.4.
RTS commercial zones. Within the RTS District, specifically at the approach to the intersection of Main Street and the Rail Trail (Figure A) and at the approach to the intersection of Freetown Road (Routes 102/107) and the Rail Trail (Figure B), two commercial zones shall extend 450 feet along each corridor and on both sides of the intersections. Within the commercial zones, the sign specifications shall be as outlined in Subsections 6.1.10.4.1 and 6.1.10.4.2 below and may contain commercial, directional and informational messages.
Figure A - Rail Trail at Main Street  | Figure B - Rail Trail at Freetown Road  |
6.1.10.4.1.
RTS Commercial Zone sign standards. Individual signs and mounting materials shall be of the same materials outlined in Subsection 6.1.10.3.2.
6.1.10.4.2.
RTS Commercial Zone dimensional requirements. Individual signs shall not exceed six square feet and must located at a height so as to be visible between one foot and eight feet above the surface grade of the trail.
6.1.10.4.3.
RTS Commercial Zone spacing requirements. Posts containing signage shall be spaced a minimum of 30 feet apart.
§ 197-6.2 Wireless communications facilities. (03/2001)
6.2.1.
Purpose. This section provides requirements for the siting and construction of a wireless communications facility as defined in Article 13.
6.2.2.
Allowed use: permitted in Zone D and allowed in Zones A, B, C.1 and C.2 by special exception.
6.2.3.
Regulation and performance criteria. This section requires that a wireless communication antenna be placed on an existing wireless communications facility tower if such placement is physically, technically and legally possible.
6.2.4.
New ground towers shall be subject to site plan review and the following requirements:
6.2.4.1.
Wireless communications antenna to be affixed to a new tower:
6.2.4.1.1.
Height; Maximum tower height: no more than 20 feet above the average height of trees (tree line) within 200 feet of tower location.
6.2.4.1.2.
Setback: tower height plus 10 feet from street right-of-way or site boundaries and twice the tower height from abutting residential property lines.
6.2.4.1.3.
Buffering:
6.2.4.1.3.1.
Tower and tower compound shall be fenced to a minimum height of eight feet topped with two strands of barbed wire.
6.2.4.1.3.2.
When abutting a residential parcel, the tower and tower compound shall be buffered by a dense stand of trees or shrubs, which shall shield the fence to a height of 10 feet within five years of planting on any side facing a residential property.
6.2.4.2.
Wireless communications antenna to be affixed to an existing building without a roof tower. Antenna may be placed on the facade or roof of conforming building or structure without regard to the height or setback of the building.
6.2.4.3.
Wireless communications antenna to be affixed to a new roof tower. Roof towers may be placed on the roof of a conforming building using either method:
6.2.4.3.1.
Tower height above roof may be as high as the setback to the nearest roof edge.
6.2.4.3.2.
The heights for a ground tower may be used for a roof tower if the required setbacks for a ground tower are met.
6.2.4.4.
Wireless communications antenna to be added to existing approved or permitted tower: Allowed if the following conditions are met:
6.2.4.4.1.
Tower height is not increased.
6.2.4.4.2.
No ancillary features are added other than antenna, required safety hardware and ancillary equipment buildings.
6.2.4.4.3.
All conditions of the previous tower approval have been satisfied.
6.2.5.
General conditions.
6.2.5.1.
Existing nonconforming tower: subject to zoning requirements concerning nonconforming structures.
6.2.5.2.
Ancillary equipment buildings: subject to all requirements of the appropriate zone.
6.2.5.3.
Inoperability. If the tower becomes inoperable for a period of six months for whatever reason and the owner shows no intention to repair the facility, the tower shall be removed at the owner's expense. The Planning Board shall be permitted to require a performance guarantee sufficient to provide for the decommissioning of the tower.
6.2.5.4.
Camouflage. All towers or other devices supporting antennas shall be camouflaged to reduce their visual impact on the surrounding property uses. The Planning Board shall make a determination for all new structures to determine if the camouflage is adequate.
6.2.5.5.
Location. No tower of any kind as defined in this ordinance may be located within a one-mile radius of any other tower.
§ 197-6.3 Manufactured home parks. (03/2010)
Manufactured home parks, as defined in Article 13, require site plan approval by the Planning Board. The following regulations shall apply with respect to manufactured home parks:
6.3.1.
Manufactured home parks, as defined in Article 13, require site review and subdivision approval by the Planning Board.
6.3.2.
Manufactured home parks shall provide for individual home spaces, driveways, parking and recreational open space.
6.3.3.
A minimum of 10% of the non-Zone G land shall be dedicated for recreational purposes.
6.3.4.
All utilities (i.e., electric, telephone, gas, cable TV, etc.) shall be provided underground to each site by the developer.
6.3.5.
All access rights-of-way within the park shall be built to Town of Raymond roadway construction standards. The Planning Board reserves the right to waive these standards if overriding circumstances require it.
6.3.6.
A 100-foot-wide "no cut" buffer shall be provided along all exterior property lines of the manufactured home park.
6.3.7.
All manufactured home parks shall include, but not be limited to, a clubhouse, which shall be no less than a minimum 50 square feet per unit, to be constructed for the manufactured home park.
6.3.8.
Allowed density. Allowed density of a manufactured home park shall be as follows:
6.3.8.1.
Up to the first 20 acres shall be 1.0 unit per acre, less Zone G land.
6.3.8.2.
Over 20 acres shall be 0.5 unit per acre, less Zone G land.
§ 197-6.4 Dwelling, two-family unit.
Dwelling, two-family units shall meet the following conditions:
6.4.1.
Please refer to the Allowed Uses Table in Article 14.
6.4.2.
Please refer to the area and dimensional requirements in Article 15.
6.4.3.
Located in a subdivision so designed, located and engineered to accommodate such structures; or
6.4.4.
By special permit of the Planning Board, requiring a residential site plan showing the proposed layout of any proposed and existing structures and location of all parking and utilities.
6.4.5.
The minimum lot size for a dwelling, two-family unit in Zone A shall be 45,000 square feet. A dwelling, two-family unit in Zone B shall require a minimum of three acres, unless serviced by Town water, in which case it shall be eligible for the same area reduction as for Zone B lots serviced by Town water (03/2012). Zone G land shall not be used to satisfy lot size requirements (03/2010).
6.4.6.
The Planning Board may request further investigative studies to ensure adequate protection of the residents of the subdivision and the Town. The cost of such studies shall be borne by the applicant in accordance with NH RSA 676:4, I(g).
§ 197-6.5 Multifamily housing.
6.5.1.
Please refer to the Allowed Uses Table in Article 14.
6.5.2.
Please refer to the area and dimensional requirements in Article 15.
6.5.3.
All multifamily developments must comply with all other required local, state, or federal regulations, including, but not limited to, the Raymond Subdivision Regulations and the Condominium Act, as may be amended.
6.5.4.
Minimum lot size for multifamily housing shall be five acres.
6.5.5.
In calculating the number of allowed bedrooms per acre of developable land, an applicant shall use data from the New Hampshire Code of Administrative Rules, ENV-Wq 1,000, Subdivisions; Individual Sewage Disposal Systems. In no case shall density exceed eight bedrooms per acre of non-Zone G land. Any multifamily permitted within the C.3 East and C.3 West Zoning Districts shall comply with all requirements of § 197-6.5, except that in no case shall density exceed three bedrooms per acre of developable land. (3/2017)
6.5.6.
The building setbacks shall not be less than those of the underlying zone, except that any structure shall be set back 75 feet from any existing Town or state road, and the additional side and rear setback requirements set forth in § 197-15.2, and Subsections 15.2.6 and 15.2.7 shall be applicable as appropriate, except that within Zone C.1, Subsections 15.2.6 and 15.2.7 shall not apply.
6.5.7.
All multifamily developments not on public water and sewer must receive a permit from the NH Water Supply and Pollution Control Commission for their septic and water supply proposal prior to obtaining final Planning Board approval.
6.5.8.
Special exception. A special exception may be granted to allow multifamily within Zone C.1 if, as well as the conditions listed in § 197-9.2 for the granting of a special exception and all other requirements of § 197-6.5 are met, the following conditions shall be required:
6.5.8.1.
Any residential units are included as an upper story of an allowed commercial use on the site.
6.5.8.2.
Total square footage of such housing shall not exceed 40% of the total square footage of the proposed project.
§ 197-6.6 Earth excavation. (03/2001)
6.6.1.
Purpose: to provide for reasonable opportunities for excavation; to minimize safety hazards which can be created by open excavation; to ensure that the public health and welfare will be safeguarded; to protect natural resources and environment; and to maintain the aesthetic features of the Town.
6.6.2.
Definitions.
EXCAVATION
The commercial taking of soil and materials such as loam, sand, gravel, stone or other fill material, including slopes, for sale or for use in another location, as governed by RSA 155-E and the Town of Raymond's Earth Excavation Regulations.
PROCESSING
The conversion of a product from one size, shape or use to another size, shape or use by the systematic use of machinery or human effort.
SCREENING
The mechanical screening to separate naturally occurring different sized materials.
6.6.3.
Allowed excavation uses and special permit requirements. (03/2019)
6.6.3.1.
Zone D: Screening of imported materials allowed, processing allowed.
6.6.3.2.
The following activities are allowed in the following zones by special permit:
6.6.3.2.1.
Zone C.1: Screening of on-site materials is allowed, screening of imported materials is allowed only if the screening of such imported materials is secondary and incidental to a primary commercial use or excavation. No processing is allowed.
6.6.3.2.2.
Zones B, C.2 and C.3: Screening of on-site materials is allowed as an accessory use only; no screening of imported materials is allowed. No processing is allowed.
6.6.3.3.
In order for the Planning Board to grant a special permit for the activities described in Subsections 6.6.3.2.1 and 6.6.3.2.2, it must find that all of the following requirements and any other specific applicable requirements as set forth in this ordinance are met:
6.6.3.3.1.
The specific site is an appropriate location for the proposed use or structure.
6.6.3.3.2.
Considering the zoning designation of the proposed location, a proposed use will not unreasonably impact the quality of life, character, or public health, safety and welfare of the area.
6.6.3.3.3.
The proposed use will not create an undue nuisance or hazard to vehicles or pedestrians.
6.6.3.3.4.
Adequate and appropriate facilities and utilities will be provided for the proper operation of the proposed use.
6.6.3.3.5.
The proposed use will not result in unmitigated additional municipal expense.
6.6.3.4.
Screening and processing are not allowed in Zone A.
6.6.4.
Exceptions defined by RSA 155-E:2-a. No permit shall be required for the following types of excavations:
6.6.4.1.
Excavation that is exclusively incidental to the construction or alteration of a building or structure(s) or the construction or alteration of a parking lot or way including a driveway on a portion of the premises where the removal occurs; provided, however, that no such excavation shall be commenced without a permit under this chapter unless all state and local permits required for the construction or alteration of the building, structure, parking lot, or way have been issued.
6.6.4.2.
Excavation that is incidental to agricultural or silvicultural activities, normal landscaping, or minor topographical adjustment.
6.6.4.3.
Excavation from a granite quarry for the purpose of producing dimension stone, if such excavation requires a permit under RSA 12-E.
6.6.4.4.
A person owning land abutting a site which was taken by eminent domain or by any other governmental taking upon which construction is taking place may stockpile earth taken from the construction site and may remove the earth at a later date after written notification to the appropriate local official.
6.6.5.
Regulation and performance criteria. The regulation and performance criteria shall be set forth in the Raymond Earth Excavation Regulations, as amended.
§ 197-6.7 Adult business establishments.
Notwithstanding any other provisions of this ordinance, adult business establishments shall be permitted only in the Commercial 1 District (C.1) as a special exception, provided that such establishments are subject to the following special requirements. In addition, these regulations are established for the following stated purposes:
6.7.1.
Purpose. It is the purpose of this ordinance to establish reasonable and uniform regulations to prevent the concentration of adult business establishments within the Town of Raymond; and it is the intent to promote the health, safety and general welfare of the citizens of the Town of Raymond; and it is the intent of this ordinance that its regulations be utilized to prevent the harmful secondary effects which commonly accompany and are brought about by the concentration of adult business establishments; and the provisions of this ordinance have neither the purpose nor the effect of imposing limitations or restrictions on the content of any communicative materials, including adult or sexually oriented materials; and it is not the intent nor effect of this ordinance to restrict or deny access by adults to adult or sexually oriented materials protected by the First Amendment of the U.S. Constitution.
6.7.2.
Requirements.
6.7.2.1.
Such establishments shall be located at least a two-mile radius from any other adult business establishment and at least 500 feet from the nearest property line of any public, private or parochial school, church, synagogue or similar place of worship, child-care facility, group day-care facility, public library, playground and any Town office or other Town facility and at least 250 feet from the nearest property line of a single- or multifamily dwelling.
6.7.2.2.
No sexually explicit materials, entertainment or activity shall be visible from the exterior of the premises.
6.7.2.3.
Except as provided herein, nothing in this section shall be construed to waive or otherwise affect any other provision of this section.
6.7.2.4.
In addition to the above, signs shall not visually depict any person in a "state of nudity" or "semi-nudity." Signs, or other external displays, shall not depict any written sexually oriented material.
6.7.2.5.
Because of the high-impact nature of an adult business establishment, the business shall submit a community impact statement to the Town of Raymond for review by the Town's local land use boards.
§ 197-6.8 Conservation development.
6.8.1.
Purpose. In conformance with the authority provided by state statute (NH RSA 674:21), the purposes of conservation development, among others, are as follows:
6.8.1.1.
To maintain rural character, preserve farmland, forest and rural viewscapes, and conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains, and wetlands, by setting them aside in perpetuity from development;
6.8.1.2.
To provide greater design flexibility and efficiency in the siting of services and infrastructure and reduce the amount of roads, sidewalks, and stormwater management structures that must be constructed and maintained.
6.8.1.3.
To reduce erosion and sedimentation by the retention of existing vegetation and the minimization of the alteration of and/or development on steep slopes;
6.8.1.4.
To provide for a diversity of lot sizes, building siting opportunities, and housing choices for single-family detached homes to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained;
6.8.1.5.
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space and with a strong neighborhood identity;
6.8.1.6.
To provide for the conservation and maintenance of open land within the Town to achieve the above-mentioned goals and for active or passive recreational use by residents;
6.8.1.7.
To create a contiguous network of open spaces or "greenways" by linking the common open spaces within a conservation subdivision with open space on adjoining lands wherever possible;
6.8.1.8.
To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls);
6.8.1.9.
To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties; and
6.8.1.10.
To conserve scenic views and elements of the Town's character, and to minimize perceived density, by minimizing views of new development from existing roads.
6.8.2.
Definitions.
CONSERVATION SUBDIVISION
A subdivision of land consisting of protected open space and single-family detached homes located on unconventional lots that would not otherwise be permitted by the minimum lot size, frontage and yard requirements of this ordinance. Private roads built to Town standards are permitted in a conservation subdivision, but a homeowners' association must be established to maintain the roads.
YIELD CALCULATION
An analysis showing the maximum number of single-family lots that will be permitted within a conservation development, as determined by the underlying zoning as outlined in Article 15. (03/2010)
6.8.3.
Minimum size and setback requirements.
6.8.3.1.
The minimum area required for a conservation subdivision shall be 10 acres. A side and rear dense vegetative buffer of at least 20 feet must exist or be created at all side and rear exterior boundaries of the original parcel. This buffer must screen visibility by at least 75% to a minimum height of six feet above finished grade.
6.8.3.2.
When any conservation subdivision abuts another lot which was not developed as part of a conservation subdivision, then any proposed structure within the conservation subdivision shall be no closer than 50 feet to the lot line of the abutting nonconservation subdivision lot.
6.8.3.3.
Buildings within the conservation subdivision must conform to § 197-2.7. Furthermore, a minimum building separation of 35 feet and a minimum side and rear setback of 35 feet must be provided for all structures in a conservation development. In cases described in Subsection 6.8.3.2, side or rear setbacks for any proposed structure shall be 50 feet.
6.8.4.
Allowed zones. Conservation developments are allowed in Zone A or B of the Raymond Zoning Map.
6.8.5.
Review criteria. In general, the proposed development shall be consistent with the general purpose and goals and objectives of the Master Plan and this Zoning Ordinance. Approval for conservation development will be granted only after the Planning Board has rendered a "Finding of Fact" that all of the following criteria have been adequately addressed, including the purpose statements outlined in Subsection 6.8.1.
6.8.5.1.
A conservation plan shall be developed and submitted for review which identifies the natural, environmental, historical and viewshed areas to be protected. Such plan shall include irreplaceable natural and historic features located in the tract, such as, but not limited to, stream beds, stone walls, agricultural areas, significant stands of trees, individual trees of 36 inches in size or greater, rock outcroppings and other areas which may be considered sensitive.
6.8.5.2.
Development plan. A development plan shall be developed and shall include:
6.8.5.2.1.
Individual lots, buildings, streets, and parking areas shall be designed and situated to minimize alteration of the natural site features to be preserved;
6.8.5.2.2.
The usability of conservation open space intended for recreation or public use shall be shown to be suitable for such proposed use;
6.8.5.2.3.
Conservation open space intended for recreation or public uses shall be easily accessible to pedestrians;
6.8.5.2.4.
Areas to be dedicated to conservation easements or deed restrictions which will restrict ability to make improvements;
6.8.5.2.5.
Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land;
6.8.5.2.6.
Individual lots, buildings, and single-family homes shall be arranged and situated to relate to surrounding properties, to take advantage of natural viewscapes and to not obstruct the views of other units, and to lessen the land area devoted to motor vehicle access;
6.8.5.2.7.
Individual lots, buildings, units, and parking areas shall be situated to avoid the adverse effects of shadows, noise, and traffic on the residents of the site;
6.8.5.2.8.
All plans shall adhere to the Town of Raymond's Subdivision Regulations;
6.8.5.2.9.
All conservation subdivision applications shall be submitted to the Conservation Commission concurrent with submission to the Raymond Planning Board to allow for timely input from the Conservation Commission to the Raymond Planning Board. (03/2018)
6.8.6.
Open space requirements. At a minimum, the open space set aside and preserved in the conservation development must be equivalent to 50% of the total parcel. A portion of the open space may be dedicated to recreation and other uses occasioned by the development and public.
6.8.6.1.
Depending on the size and design of the development, it may be necessary that a common open space, permanently reserved and maintained as a landscaped park or recreational space, be provided to serve the homeowners within the development. The area, configuration, and location of such open spaces shall be subject to review and approval by the Planning Board.
6.8.6.2.
At least 75% of the designated open space should be contiguous, with no portion less than 100 feet in any dimension.
6.8.6.3.
If conservation open space is not dedicated to public use, it shall be protected by legal arrangements, satisfactory to the Planning Board, sufficient to ensure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall specify ownership of the conservation open space; method of maintenance; responsibility for membership and compulsory assessment provision; guarantees that any association formed to own and maintain conservation open space will not be dissolved without the consent of the Planning Board; and any specifications deemed necessary by the Planning Board.
6.8.6.4.
The open space, recreational or common land shall be retained and managed by the developer until it is transferred to a homeowners' association, the Town, a conservation trust or other suitable public or private organization, which will ensure its retention and maintenance as open space by means of deed restrictions or conservation easement.
6.8.7.
Association responsibilities.
6.8.7.1.
When applicable, the applicant shall establish a private organization, commonly referred to as a homeowners' or property owners' association, whose responsibilities will be to assess the homeowners a reasonable fee for general maintenance and upkeep of any roads the Planning Board may deem to be private, common land, community sewerage and water systems, open space, and recreational amenities. If, for any reason, the developer or any subsequent organization fails to adequately maintain the utilities and open space as indicated on the subdivision plan and in the performance agreement, the Board of Selectmen, after a duly noticed hearing, may assume such responsibility and assess the homeowners and property owners the cost of such maintenance.
6.8.8.
Zoning exceptions.
6.8.8.1.
Acceptance by the Planning Board of a subdivision plan under this section shall relieve the applicant from restrictions dealing with minimum lot sizes and road frontage requirements as may be set forth in the Raymond Zoning Ordinance. Such relief to allow innovative layout and for protection and conservation of the site shall not conflict with the purpose and intent of the Raymond Master Plan or any health or safety codes within the Town. Applicants shall not be relieved of the following requirements:
6.8.8.1.1.
Building conformance. Buildings must conform to the requirements set forth in § 197-2.7.
6.8.8.1.2.
Buffer. A side and rear dense vegetative buffer of at least 20 feet must exist or be created at all boundaries abutting other properties. This buffer must screen visibility by at least 75% to a minimum height of six feet above finished grade.
§ 197-6.9 Home occupations. (03/2015)
6.9.1.
Home occupations meeting all of the following requirements are exempt from site plan review:
6.9.1.1.
The home occupation is conducted entirely within the residential dwelling or an accessory building thereto, but not both, and shall comprise no more than 25% or 400 square feet of the gross floor area of that structure, whichever is less.
6.9.1.2.
The home occupation shall be conducted solely by the family residing in the dwelling, with no more than two employees not residing at the dwelling allowed.
6.9.1.3.
No materials or equipment associated with the home occupation shall be stored outside of the structure housing the home occupation.
6.9.1.4.
No equipment or process shall be used that creates noise, vibration, glare, fumes, odors, dust or electrical interference detectable to the normal senses outside the dwelling or accessory building housing the home occupation.
6.9.1.5.
One nonilluminated sign consisting of a maximum of three square feet is allowed.
6.9.1.6.
Adequate parking for both the residential use and the home occupation shall be provided entirely on site.
6.9.1.7.
The home occupation shall not utilize commercial vehicles over 12,000 pounds GVWR (gross vehicle weight rating) for either delivery of materials to or from the premises, or overnight parking. The intent is to permit delivery vehicles, such as United Parcel Services vehicles, but to prohibit tractor trailers and other large, heavy commercial vehicles.
6.9.2.
Home occupations not meeting all the requirements listed under Subsection 6.9.1 shall be subject to site plan review under the Home Occupation Site Plan Review Regulations and shall be reviewed and decided upon by the Technical Review Committee.
6.9.3.
Approvals of home occupations are not transferable.
§ 197-6.10 Accessory dwelling units (RSA 674:71, 72 & 73). (03/2017)
6.10.1.
Please refer to the Allowed Use Table in Article 14.
6.10.2.
Please refer to the area and dimensional requirements in Article 15.
6.10.2.1.
Purpose. Accessory dwelling units are intended as an option for homeowners to offer separate and independent living space for their extended families, caregivers or others, or to offer small dwelling units as rentals to offset the expense of maintaining the dwelling. Accessory dwelling units add diversity of housing options without further land development, additional buildings, increased roads and/or infrastructure in the Town of Raymond.
6.10.3.
Definitions.
ACCESSORY DWELLING UNIT
A residential living unit that is within or attached via common walls or foundation to an existing or proposed single-family detached dwelling, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies. An accessory dwelling unit may not be subdivided or sold separately from the principal dwelling unit.
PRINCIPAL DWELLING UNIT
An existing or proposed single-family detached dwelling unit to which an accessory dwelling unit may be added according to the requirements and standards in this ordinance.
PRINCIPAL PLACE OF RESIDENCE
May be demonstrated by voter's registration, vehicle registration, driver's license or the placement of children in local public schools.
PROPERTY OWNER
If the owner of the property is a trust, the term "property owner" shall mean the creator or beneficiary of the trust. If the owner of the property is a corporation, the term "property owner" shall mean the principal stockholder.
6.10.4.
Requirements.
6.10.4.1.
Only one accessory dwelling unit shall be allowed as a matter of right in all zoning districts that permit single-family detached dwellings and on any parcel where only one existing, legally conforming single-family dwelling already exists.
6.10.4.2.
The accessory dwelling unit shall be clearly incidental and subordinate in extent, use and purpose to the principal dwelling unit.
6.10.4.3.
No additional requirements for lot size, frontage, space limitations, or other controls beyond what would be required for a single-family detached dwelling without an accessary dwelling unit shall be required, except that the accessory dwelling unit added within or attached to existing homes shall require a zoning determination and a building permit.
6.10.4.4.
An accessory dwelling unit shall be deemed a unit of workforce housing for purposes of satisfying the Town of Raymond's obligation under RSA 674:59, provided the unit meets the criteria in RSA 674:58, IV for rental units.
6.10.4.5.
Either the principal dwelling unit or the accessory dwelling unit shall be occupied by the owner of the property as his/her principal place of residence.
6.10.4.6.
The owner shall provide proof of residence to the Assessor's office no later than January 1.
6.10.5.
Standards.
6.10.5.1.
The exterior of an attached accessory dwelling unit shall maintain aesthetic continuity and compatibility (doors, windows, siding, trim type and color, and roofing) with the existing single-family detached dwelling so that the attached accessory dwelling unit shall not detract from the overall character of the neighborhood. If the only entrance to the accessory dwelling unit is on the street side of the building, the accessory dwelling unit shall utilize the main entrance to the single-family dwelling as a shared access. Any additional entrances or exits shall be located to the side or rear of the units. The Code Enforcement Officer shall be responsible for reviewing and evaluating architectural designs for compatibly prior to issuance of a building permit.
6.10.5.2.
The accessory dwelling unit shall be limited to a maximum of two bedrooms.
6.10.5.3.
The minimum area for an accessory dwelling unit, whether within or attached, shall not be less than 500 square feet, and the maximum area for an accessory dwelling unit shall not be more than either 750 square feet or 1/3 of the combined heated living area of both units, whichever area is larger; however, maximum area shall not exceed 1,000 square feet.
6.10.5.4.
An interior connecting door shall be provided between the principal dwelling unit and the accessory dwelling unit.
6.10.5.5.
Off-street parking for at least four vehicles shall be provided.
6.10.5.6.
Adequate provisions must exist or be made for ingress, egress and turning of vehicles within the site, and only one driveway shall serve both dwelling units.
6.10.5.7.
The applicant shall obtain a New Hampshire Department of Environmental Services approved plan pursuant to the requirements of RSA 485-A:38 to meet any anticipated increased waste volume demand created by the proposed accessory dwelling unit.
6.10.5.8.
Detached accessory dwelling units are not allowed in the Town of Raymond.
6.10.6.
(Reserved)
6.10.7.
Nonconforming accessory dwelling units. To be considered a nonconforming ADU, an accessory dwelling unit must have been granted a building permit or certificate of occupancy prior to the enactment of this ordinance. Accessory dwelling units constructed before March 2015 that do not have a building permit or certificate of occupancy shall apply to the Raymond Code Enforcement Officer for a determination of compliance with the provisions of this article.