Rochester City Zoning Code
ARTICLE 1
General Provisions
§ 275-1.1 Title.
This chapter, Chapter 275 of the City of Rochester General Ordinances, shall be known and may be cited as the "Zoning Ordinance of the City of Rochester, New Hampshire," hereinafter referred to as "this chapter."
§ 275-1.2 Authority.
This chapter is adopted pursuant to Section 674:16 and in accordance with Chapters 672, 673, 674, 675, 676, and 677, et al., of the New Hampshire Revised Statutes Annotated and subsequent amendments thereto.
§ 275-1.3 Purpose.
This chapter is enacted for the following purposes:
A.
To implement the goals and provisions of the City's Master Plan;
B.
To promote an orderly pattern of development and encourage the most appropriate use of land throughout the City;
C.
To preserve and enhance the value of land and buildings;
D.
To encourage the provision of high-quality housing for people of all income levels;
E.
To revitalize the downtown and other village and neighborhood commercial areas;
F.
To foster economic development and provide opportunities for business growth;
G.
To enhance the walkability, diversity, interest, beauty, and vibrancy of the City's neighborhoods;
H.
To conserve natural, historic, and cultural resources;
I.
To preserve the City's rural character and scenic beauty and promote agriculture;
J.
To foster the creation of parks, recreation facilities, and open spaces;
K.
To provide a range of transportation choices and mitigate traffic congestion;
L.
To promote excellence in architecture, landscaping, site layout, signage, and civic design;
M.
To encourage innovation, flexibility, and a collaborative review process in the development of land;
N.
To recognize and respect the rights of property and business owners;
O.
To promote public health and secure safety from fire, flood, and other hazards;
P.
To prevent overcrowding of land while at the same time promoting compact development patterns;
Q.
To facilitate the adequate provision of infrastructure and utilities;
R.
To preserve the best of the City's traditional character;
S.
To enhance the sense of community; and
T.
To make Rochester a more attractive, vibrant, and healthy community for its residents, businesses, property owners, and visitors.
§ 275-1.4 Application of regulations.
No building or land shall be used, reused, occupied, constructed, altered, removed, relocated, demolished, developed, redeveloped, or subdivided except in conformity with the requirements of this chapter. See Article 30, Nonconforming Property, for any exceptions.
§ 275-1.5 Other applicable law.
Wherever a provision of this chapter may differ from that prescribed by any other pertinent statute, ordinance, regulation, rule, standard, or policy, the provision which imposes the greatest restriction or the highest standard shall govern.
§ 275-1.6 Severability.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The provisions of this chapter are severable. If a court or any other body with appropriate jurisdiction finds that any article, section, subsection, or provision of this chapter is invalid, that finding shall not invalidate any other provision of this chapter. Those other provisions shall remain in full force without any other action required.
§ 275-1.7 Minimum requirements.
The provisions of this chapter shall be construed to be the minimum requirements for the granting of any pertinent City approvals. Compliance with these requirements, however, is not necessarily deemed sufficient for the granting of these approvals. All applicants must comply with all other applicable statutes, ordinances, regulations, rules, standards, and policies of the City of Rochester and of other governmental authorities. In particular, all applicants must comply with the City of Rochester Site Plan Regulations and the City of Rochester Subdivision Regulations which include myriad specific requirements and provide for the reasonable judgment of the Planning Board and other City authorities in reviewing applications. An application might meet all of the minimum requirements of this chapter but be legitimately denied by the Planning Board in accordance with general or specific provisions of those regulations or other applicable regulations.
§ 275-1.8 Establishment of districts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
The City of Rochester, New Hampshire, is hereby divided into zoning districts as shown in Table 1-A - Zoning Districts, below. The uses, dimensions, and other standards of development of land, buildings, and structures shall conform to the provisions of the zone in which they are located.
B.
The residential, commercial, industrial, and special districts are known as "base districts" or "underlying districts."
Table 1-A - Zoning Districts | ||
|---|---|---|
Full Name | Abbreviation | Class |
Residential-1 District | R1 | Residential District |
Residential-2 District | R2 | Residential District |
Agricultural District | AG | Residential District |
Neighborhood Mixed-Use District | NMU | Residential District |
Downtown Commercial District | DC | Commercial District |
Office Commercial District | OC | Commercial District |
Highway Commercial District | HC | Commercial District |
General Industrial District | GI | Industrial District |
Recycling Industrial District | RI | Industrial District |
Granite Ridge District | GR | Granite Ridge District |
Airport Special District | AS | Special District |
Hospital Special District | HS | Special District |
Aquifer Protection Overlay District | APOD | Overlay District |
Aviation Overlay District | AOD | Overlay District |
Conservation Overlay District | COD | Overlay District |
Flood Hazard Overlay District | FHOD | Overlay District |
Historic Overlay District | HOD | Overlay District |
Special Downtown Overlay District | SDOD | Overlay District |
§ 275-1.9 Overlay zoning districts.
The overlay districts listed above are established in recognition of special conditions which exist in these areas. Each overlay district establishes additional requirements above and beyond those of the base zoning district. In case of any conflict between the requirements of the base and overlay districts the more restrictive provision shall apply. Where practical, the overlay districts are also shown on the Zoning Map. (See Article 5 through Article 15 for specific provisions.)
§ 275-1.10 Zoning Map.
The location and boundaries of the zoning districts are hereby established as shown on a map titled "City of Rochester Zoning Map." The map, along with all notations, references, and other explanatory material thereon, is hereby declared to be a part of this chapter. Any change in the location of boundaries of a zoning district hereafter made through any amendment to this chapter shall be noted on the Zoning Map. The Official Zoning Map of the City of Rochester shall be located in the Department of Planning and Development. The Official Zoning Map shall be kept current and shall be determining except in case of any obvious errors or omissions.
§ 275-1.11 District boundaries.
Where there may be any uncertainty or ambiguity with respect to the boundary of any district as shown on the Zoning Map the following rules shall apply, unless a different approach is reasonably deemed appropriate by the Zoning Administrator:
A.
Center line. Where a boundary is indicated as a road, right-of-way, driveway, railroad, utility line, watercourse or other body of water, it shall be construed to be the center line thereof, unless otherwise indicated or implied.
B.
Parallel to feature. Where a boundary is indicated or implied to be situated parallel to a road, right-of-way, driveway, railroad, utility line, watercourse, or other body of water, it shall be construed to be parallel thereto and at such distance therefrom as shown on the Zoning Map.
C.
Shoreline. Where a boundary is indicated as following the edge of a shoreline it shall be construed to follow the normal high-water line. In the event of a natural change in the shoreline, it shall be construed as moving with the actual shoreline.
D.
Right angle. Where a boundary is indicated as intersecting the center line of a road, right-of-way, driveway, railroad, utility line, watercourse or other water body, unless otherwise indicated, it shall be construed to intersect at right angles to that center line or, in the case of a curved center line, at right angles to the tangent to the curve at the point of intersection.
E.
City boundary. Where a boundary is indicated as approximately following a City boundary it shall be construed as following the City boundary.
F.
Feature on the ground. Where the location of a physical feature existing on the ground such as a wetland, water body, road, or utility deviates from that shown on the Zoning Map, and the physical feature is clearly indicated or implied as marking the boundary, the actual location of the feature on the ground shall be used to determine the location of the boundary.
G.
Lot lines. Where a boundary is clearly indicated as following a lot line, including corners and vertices at the intersection of lot lines, it shall be construed as following that lot line, even if the location of that line is inaccurately represented on the Zoning Map, provided the discrepancy is not greater than 20 feet. However, if the lot line is changed after adoption of this chapter, then the zoning boundary shall not change (unless subsequently amended as prescribed in Article 3, Administration).
H.
Metes and bounds. Where a boundary is clearly indicated as following a lot line, any conflict between the Zoning Map and a description by metes and bounds in a deed shall generally be resolved in favor of the description by metes and bounds.
I.
Scale/GIS. Where a boundary may not be clearly indicated by human-made features, natural features, lot lines, or other markers, distances may be determined by the use of the scale shown on the Zoning Map. Where a question remains, the most precise distances and locations shall ultimately be determined based upon information and measurements shown in the City of Rochester Geographic Information Systems (GIS) database.
J.
Most restrictive. Where ambiguity remains and a boundary cannot be definitively established, any area in question shall be deemed to be in the more restrictive of the adjoining districts.
§ 275-1.12 When effective.
This chapter is immediately effective, in entirety, upon formal adoption by the City Council of the City of Rochester, New Hampshire. The Zoning Ordinance which had been in effect prior to adoption of this chapter is hereby rescinded in entirety.
§ 275-1.13 Suggestions.
There are various suggestions/recommendations made throughout this chapter. These are labeled. These suggestions are merely recommended; they are not required.
§ 275-1.14 Examples.
There are numerous examples made throughout this chapter for illustrative purposes only. These are labeled.
§ 275-1.15 Headings.
Under this chapter, many sections, and subsections, are preceded by a heading. These are provided to facilitate use of this chapter only. Only the language in the sections and subsections which follow the headings should be construed as the actual language of this chapter.