When a district boundary divides a lot of record existing as of March 12, 1963, the regulations for the less restricted portion of such a lot apply to the more restricted portion of the lot within 25 feet of the district boundary.

For lots of record existing as of March 10, 1992, which are divided by a district boundary and lie partially within one of the designated commercial districts, the Zoning Board of Adjustment may, through the grant of special exception, permit the use of the less restricted lot area in the more restricted portion of the lot within 25 to 100 feet of the district boundary. Such special exceptions shall not be granted within the Shore Front Residential District. The Zoning Board of Adjustment may impose conditions as deemed necessary to assure the compatibility of the use of adjacent lots, including but not limited to: increased structural and use setbacks, pedestrian and vehicle access connections; landscaped buffer areas; and noise and visual barriers.

Municipal watershed (MW): all that land situated in the Upper Beech Pond Watershed.

Shore Front Residential (SFR): all islands and all lake or pond shore front property to a depth of 300 feet from the mean high-water mark with the exception of the Commercial Districts, the Upper Beech Pond shore frontage and the area bounded by the shore of Lake Wentworth from the intersection of the southern boundary of the right-of-way of the Wolfeboro Railroad and the southwestern boundary of Lot 175-35 northeasterly to Fernald Brook (the northeastern boundary of Lot 149-5); thence northerly along said brook to the said railroad right-of-way, thence southwesterly along said railroad to the point of beginning, which area shall be all the Shore Front Residential District along this section of Lake Wentworth.[1]

Village Residential District (VR): All parcels serviced by both Town Sewer and Water and not zoned commercial or shorefront residential, and as depicted on the Zoning Map.

Residential District (R): the parcels serviced by only Town water and not zoned Commercial or Shorefront Residential, and as depicted on the Zoning Map.

General Residential District (GR).

Rural Residential District (RR): the land area between the two-and-one-half-mile arc from the center of the village and the Agricultural District, without services of public sewer and water and contains all land except the Commercial District, the Shore Front Residential District, situated 500 feet northeasterly of and parallel to North Line Road and NH109 E and extending from the Brookfield Town line northwesterly to the Tuftonboro Town line.

Central Business District (CBD): the land area bounded as follows: beginning at a point on South Main Street opposite the boundary between Lot 217-85 and Lot 217-84; thence running southerly along said boundary to the shore of Lake Winnipesaukee; thence northerly and northwesterly along the lake to and across Smith River; thence continuing along the lake to the boundary between Lot 217-129 and Lot 217-126; thence northeasterly along said boundary and that between Lot 217-128 and Lot 217-122 to Lot 217-127; thence northeasterly then northwesterly along the boundary between Lot 217-128 and Lot 217-127 to Sewall Road; thence northeasterly along Sewall Road to North Main Street; thence southeasterly along North Main Street to a point opposite the northwesterly boundary of Lot 217-11; thence northeasterly along the boundary between Lot 217-11 and Lot 217-10, along said boundary of Lot 217-11 and Lot 217-12; thence westerly along the boundary between Lot 217-10 and Lot 217-13, thence northeasterly between Lot 217-9 and Lots 217-13, 217-14, 217-15 and 217-16 and between Lot 217-18 and Lots 217-16 and 217 to Mill Street then continuing northeasterly Lots 217-21 and 217-22, thence northwesterly between Lots 217-22 and 217-23, thence northeasterly between Lots 203-75 and 217-23 to the Clow's Brook and heading easterly along the thread of the brook to Back Bay, thence easterly along across Back Bay; thence southeasterly along the boundary between Lots 204-18 and 217-46, thence easterly across the Bridge Falls Path to the northeasterly boundary of Lot 217-47, thence northeasterly between Lot 204-17 and Lots 217-47, 217-48, 203-74 and 204-36, then southwesterly along the northern boundary of Lot 204-36 (drainage channel), thence easterly along the boundary between Lot 218-15 and Lots 204-42 and 204-43, thence easterly across Center Street to the boundary between Lots 204-44 and 218-17, thence easterly, northeasterly and southwesterly along the northern boundary of Lot 218-17, thence southerly on the boundary between Lot 218-17 and Lots 204-99 and 218-29, thence on the boundary between Lots 218-17 and 218-27 to Pine Street, thence westerly along Pine Street to the boundary between Lots 218-98 and 218-99, thence along the boundary between Lot 218-97 and Lots 218-99, 218-100, 218-101, 218-102, thence westerly along South Main street to the point at the beginning.

South Wolfeboro Limited Business District (SW): the land area bounded as follows: beginning on South Main Street (Rte. 28) and in South Wolfeboro at the northeast corner of Lot 260-37; thence westerly along said boundary; thence southerly along said boundary and between Lots 260-37 and Lots 260-47; thence southerly along the western boundary of Lot 260-36; thence southerly along the western boundary of Lot 260-35; thence southerly along the western boundary of Lot 260-34; thence westerly on the northern boundary of Lot 260-33; thence southerly along the western boundary of 260-33 and 260-32; thence westerly along the northern boundary of Lot 260-16; thence south southeasterly along the western boundary of 260-16 to the northern corner of Lot 260-15; thence southwesterly along the northwest boundary of Lots 260-15 and 13; thence southeasterly along the southwest boundary of 260-13; thence northeasterly along the southwest boundary of 260-13; thence southeasterly along the southwest boundary of Lot 260-89 and 87; thence northeasterly along the southeast boundary Lot 260-87 and 86; thence southeasterly along the southwest boundary of lot 260-82, thence northeasterly along the southeast boundary of 260-82; thence northeasterly along the southeast boundary of Lot 260-76; thence northwesterly along the northeast boundary of Lot 260-76, 75, 74, 73, 72 and 71; thence easterly along the southerly boundary of Lot 260-68; thence northerly along the easterly boundary of Lot 260-68 and 67, thence westerly along the northerly boundary of Lot 260-67 and across Rte. 28 to the easterly boundary of Lot 260-32; thence northerly along the easterly boundary of 260-33, 34, 35, 36, and 37 to the point of beginning.

Bay Street Limited Business District (BSLBD): the land area bounded as follows: beginning on Bay Street at the Clow's Brook culvert and heading easterly along the thread of the brook to Back Bay; thence northeasterly along the Back Bay property boundary of Lot 203-73, 68, 67, 65, 64, 63, 62, 61, 60, 59, 58, 27 and 190-9; thence northeasterly along the southeastern boundary of Lot 190-9 and 204-4; thence northwesterly along the northeasterly boundary of Lot 190-9 to Bay Street; thence northeasterly along the southeast boundary of Lot 190-12, 13, 14, 15, 16, and 17; thence north along the eastern boundary of Lot 190-017, 18, and 19; thence west southwesterly along the north boundary of Lots 190-019 and Lot 190-106; thence running a straight line to the northerlymost corner of Lot 190-15; thence southwesterly along the northern boundary of Lot 190-15 and 189-011 to the northerly line of 203-047; thence westerly along the north line of 203-047 to the easterly boundary of 189-009; thence northeasterly to the northeast corner of 189-089; thence northwesterly around the 2020 boundary of 189-90 to its intersection with the easterly boundary of 189-008; thence around the perimeter of the 2020 boundary of 189-008 to the northwesterly corner of 203-015 thence southwesterly along the rear lines of 203-015, 203-014, and 203-013 to the northern line of 03-011; thence around the perimeter of the 2020 203-011 parcel to Filter Bed Road, thence southwesterly to the northerly line of 203-010; thence westerly to the northwestern corner of 203-010; thence southwesterly along the westerly line of 203-10 and 203-009 thence northwesterly to the northwesternmost corner of 203-008; thence southeasterly to the southeasternmost corner of 203-008 and continuing southeasterly along the southerly line of 203-019 and 203-020 to the westerly line of 203-080; thence south, southwesterly to the southwestern corner of 203-080; thence southeasterly to the southeasternmost corner of 203-080; thence northwesterly to the southwesternmost corner of 2003-078; thence southeasterly along the lines of 203-078, 203-077 and 203-076 to the western line of 217-019; thence southeasterly across 217-019 and 217-018 to the western edge of 217-016; thence north along the westerly edge of 217-016 and 217-017 to Mill Street; thence southeasterly to the easterly edge of 217-021; thence northwesterly to the southerly edge of 217-23-D; thence northwesterly along the northly edge of 217-021 to the easterly side of 203-075; thence northeasterly along the easterly side of 203-075 to the point at the beginning.

Center Street/Rte. 28 Mixed-Use Business District shall also include all land at the intersection of Route 28, Route 109, and North Line Road (Wolfeboro Center) commencing at a point in the center of North Line Road opposite the southwestern corner of Lot 116-1 (Keniston property) thence running northeasterly to and along the northwestern boundary of said lot to a point 200 feet from the center line of said road; thence turning and running southeasterly parallel to and 200 feet from North Line Road to and across Route 28 to and along the northeastern boundary of Lot 133-30 (French property), maintaining a two-hundred-foot perpendicular distance from the center line of Route 109, to the boundary between said Lot 133-30 and Lot 133-29 (Wolfeboro Center Church property, so-called); thence running southwesterly along said boundary to the center line of Route 109; thence running southeasterly along said center line to and across the Boston and Maine Railroad property to its southeastern boundary; thence southwesterly along said Railroad boundary to a point opposite the end of the stone wall dividing Lot 132-14 (Kinville property) from Lot 148-16 (Beach property); thence northwesterly across the said Railroad's property to and along said stone wall to and across Route 28 to the southwestern corner of Lot 132-7 (Bly property); thence northwesterly, northerly, and northeasterly along said lot boundary to the southwestern boundary of Lot 132-8 (Parson's property); thence northwesterly and northerly along said boundary and a stone wall to another stone wall dividing said lot and Lot 115-8 (Chandler property); thence easterly along said stone wall to the point where the northwestern boundary of Lot 115-6 (Glidden property) meets said stone wall; thence northeasterly along the said boundary of Lot 115-6 to North Line Road and the point begun at. (Changed from Business District 1B, 1985) (Tax numbers are as of January 1, 1983)

Center Street/Rte. 28 Mixed-Use Business District shall also include all land within the following described boundary being the property known as "North Conway Lumber" and being a certain tract or parcel of land situated in Wolfeboro, County of Carroll, State of New Hampshire as depicted on a plan entitled "Plan of Land for Charles H., Earl J. Smith and Richard Kourian," prepared by White Mountain Survey and Engineering and dated January 16, 1981, said parcel being more particularly bounded and described as follows: "Beginning at an aluminum White Mountain Survey & Engineering disc set on the southerly sideline of N.H. Route 28 at land now or formerly of Hanes A. and Tirzah B. Cooney, said disc being approximately situated at station 16+087.13 of State of New Hampshire TLR project #14184 highway plan sheet 12 of 96 and which disc further marks the northerly corner of the herein described; thence south S33° 57 16E 545.55 feet along said land of Cooney and blazed line to an aluminum White Mountain Survey & Engineering disc at land now or formerly of Wolfeborough Railroad, said disc being 33.00 feet northerly of the center line of said Railroad's tracks; thence south S29° 36 13W 516.66 feet along said land of Wolfeboro Railroad, maintaining said 33.00 feet from said center line to an iron pipe at land now or formerly of Allen A. Realty, Inc.; thence north N70° 09 11W 137.07 feet along said land of Allen A. Realty, Inc. and blazed line to an iron pipe; thence north N38° 14 41W 600.36 feet along said land of Allen A. Realty, Inc. and blazed line to an aluminum White Mountain Survey & Engineering disc on the southerly side line of said N.H. Route 28; thence in a general easterly direction 79.98 feet along the arc of a curve to the right having a radius of 5,689.00 feet and along said Route 28 to a concrete N.H. Highway Department bound; thence N80° 29 14E 609.73 feet along said Route 28 to an aluminum White Mountain Survey & Engineering disc set at land now or formerly of Cooney, being the point of beginning. Containing 8.351 acres or 3.38 hectares, both being the same more or less."

Pine Hill Road Development District Pine Hill Road: beginning at a point being the southernmost corner of Lot 190-22; thence northerly along the center line of Pine Hill Road to Lot 161-14-2; 161-14-3, thence on the boundary between Lot 161-16 and Lots 161-14-3, 175-11 thence on the boundary between Lot 189-8 and Lot 175-11 thence on the boundary between Lot 175-12 and Lots 175-11 and 190-26, thence on the boundary between Lots 189-1 and 190-26, thence on the boundary between Lots 203-47 and 190-26, thence on the boundary between Lot 190-26 and Lots 189-11, and 190-15, thence on the boundary between Lot 190-20 and Lots 190-25, 190-24 and 190-22 to the point of beginning.

Wolfeboro Falls Limited Business District the land area bounded as follows: beginning at a point along the eastern shore of Back Bay at the boundary between TM No. 204-10 and TM No. 204-11; thence southeasterly along said boundary to Elm Street; thence southerly along Elm Street to Center Street; thence northeasterly along Center Street to a point at the boundary between TM No. 204-60 and TM No. 204-64; thence southeasterly along said boundary and then along the boundary between TM No. 204-61 and TM No. 204-62 to the Wolfeborough Railroad right-of-way; thence northeasterly along said right-of-way to River Street; thence easterly along River Street to the eastern boundary of Lot 204-87; thence southeasterly along said boundary to Smith River; thence easterly along Smith River to a point Lot 204-55 and Lot 204-98; thence southwesterly along said boundary and Lot 204-46 to the southern point of said boundary, thence westerly along the southern boundaries of Lots 204-46, 204-45, and 204-44, thence across Center Street to the southern boundary of Lot 204-43, thence westerly along the southern boundary of Lots 204-43, 204-42, 204-41-204-40, 204-39, 204-38, 204-37, 204-35 to 204-18 (the bridge falls path), thence along the southeastern thence southern boundary of Lot 204-18 to Back Bay, thence northeasterly along the shore boundaries of Lots 204-18, 204-17, 204-15, 204-12 and 204-11 to the point of beginning, as depicted on the Zoning Map.

Residential/Agricultural District: all that land in Wolfeboro situated northeasterly of the General Rural Residential Districts with the exception of the Municipal Watershed District and the lands contained in the Cotton Mountain Historic-Agricultural District.

Cotton Mountain Historic-Agricultural District: The area of this district is restricted to a setback of 250 feet from the center line on each side of the following roads as they are shown on the Zoning Map:

Furthermore, the Town of Wolfeboro, in accordance with RSA 482-A:15, designates the following wetlands as prime wetlands:

Areas designated as prime wetlands are delineated on the file maps in the Wolfeboro Town Hall.

If either the applicant or the Board questions the Wetlands Conservation Overlay District boundaries established under this article and as indicated on the Wetlands District Overlay Map, the applicant shall engage a certified wetlands scientist to conduct a field analysis to determine the precise location of the Wetlands Conservation Overlay District boundaries on the affected properties. The certified wetlands scientist shall submit a report of his/her findings to the Board and the Conservation Commission, including, but not limited to, a revised map of the area in question, a written on-site field inspection report and test boring data if applicable.

Upon receipt of the report, the Board, in consultation with the Conservation Commission, shall determine the location of the Wetlands Conservation Overlay District limit on the properties affected. If the Board requires additional review, it may refer the report to a certified wetlands scientist. The certified wetlands scientist shall review the submitted report and make recommendations to the Board and Conservation Commission regarding proposed changes to the Wetlands Conservation Overlay District boundaries as needed. The Conservation Commission shall make the final recommendation of the wetlands limit with consideration of the consultant's report. The Wetlands Conservation Overlay District Map shall be amended to incorporate the results of any such studies. The applicant shall be responsible for any reasonable costs incurred by the Board in connection with this independent review.

The minimum wetlands buffer, which is more restrictive than a setback, shall consist of undisturbed land in accordance with the following requirements. The only exception would be for driveway crossings.

Wetlands Buffer: the land area from the edge of delineated wetlands to the buffer line consisting of ungraded and undisturbed land. The wetlands buffer shall consist of ungraded and undisturbed land, and no buildings, structures, or improved land, unless otherwise allowed by this overlay district.

Minimum wetland buffers. All dimensions are given in feet.

The minimum wetland setback shall be measured from the edge of delineated wetlands to the setback line; see Table of Minimum Wetlands Setback below.

Wetlands Setback: the minimum distance from the edge of delineated wetlands to where a structure may be built. This land area, excluding the wetlands buffer, can be graded and improved but shall not contain buildings or structures.

Minimum wetland setback. All dimensions are given in feet.

A constructed vegetated swale, roadside ditch, or driveway ditch;

A sedimentation, detention or retention basin; or

An excavated agricultural, irrigation or fire pond.

If the proposed use is one of the following, a special use permit is required pursuant to § 175-10 and the below setbacks shall apply:

Setbacks. All dimensions are given in feet.

Require the erection or construction of any structure.

Alter the natural surface configuration by recontouring or grading of the land.

Involve filling, dredging or draining of the wetlands.

Change the flow of water.

Result in the pollution of the wetlands, surface water or groundwater.

Involve substantial clearing of vegetation, except for the purposes of agriculture or forest management in accordance with current best management practices.

Passive recreation such as hiking, fishing, hunting on foot, nonmotorized boating.

Wildlife or fisheries management.

Scientific research and educational activities.

Agriculture in the wetlands buffer where it does not impair the function and values in the adjacent wetlands, consistent with best management practices published by the NH Department of Agriculture, Markets and Food.

Forest management in the wetlands buffer consistent with best management practices published by the NH Department of Resources and Economic Development and UNH Cooperative Extension.

The Planning Board has created a tiered system in an effort to accommodate reasonable use of preexisting nonconforming lots of record (lots created prior to March 2003) while providing protection to the wetlands.

To this end, the construction of a single-family dwelling, including additions and replacement dwelling, shall be limited to a maximum allowed footprint of 1,800 square feet within the setback and/or buffer zone on a lot less than three acres and created prior to March 2003 or reconfigured lots, either through boundary line adjustment or lot merger, provided that the lot(s) was originally created prior to March 2003 and the reconfiguration does not increase the nonconformity to the wetlands setback and/or buffer; said dwelling shall be limited to a maximum allowed footprint of 1,800 square feet; and subject to the following:

A special use permit application for the development of a single-family home on a lot which requires no State Wetlands Bureau dredge and fill permit for house placement, driveway crossings, site grading and/or septic and well placement shall be processed by the Planning Board in accordance with § 175-184, Minor site plan review.

Development that is down gradient from the jurisdictional wetlands.

Development and/or redevelopment within a previously disturbed area and where the previously disturbed area provides no protection to the wetlands.

Streets, utilities and recreational areas. Under the provisions of RSA 674:21, II, the Planning Board may grant approval for the construction of streets, roads and other accessways and utilities, including pipelines, power lines and other transmission lines and recreational areas, provided that all of the following conditions are found to exist:

The undertaking of a use not otherwise permitted in the Wetlands Conservation Overlay District, if it can be shown that such proposed use is in accordance with all of § 175-10C(1)(a), (b), (c) and findings listed in § 175-5.

The construction, repair, or maintenance of streets, roads, and other accessways, including driveways, footpaths, bridges, and utility right-of-way easements, including power lines and pipelines, if essential to the productive use of land adjacent to the Wetlands Conservation Overlay District. These uses shall be located and constructed in such a way as to avoid or minimize any detrimental impact upon the wetlands and consistent with state-recommended design standards (see Fish and Game Department 2008), and only if no viable alternative location outside the wetlands setback or buffer zone or which has less detrimental impact on a wetland is feasible.

Agricultural activities consistent with best management practices as published by the New Hampshire Department of Agriculture, Markets and Food.

Forestry activities consistent with best management practices as published by the New Hampshire Department of Resources and Economic Development and New Hampshire Cooperative Extension. As specified in Logging Operations (Env-Wt 304.05), all skid trails, truck roads and log landings shall be designed using appropriate erosion control devices. Stream and wetlands crossings shall be kept to a minimum in size and number.

Water impoundments for the purpose of creating a water body for wildlife, firesafety, or recreational uses. Special use permits may be granted for impoundments for on-site detention of stormwater runoff in buffers only.

Disposal of snow and ice in upland buffers collected from roadways and parking areas.

Septic systems on nonconforming lots that cannot comply must obtain an approval as stated in § 175-10A (pre-2003 lots).

A failed septic system within 75 feet of any very poorly drained soils and 50 feet from poorly drained soils must be replaced on land outside the buffer zone, unless the NHDES and the Code Enforcement Officer make a determination that such placement is not physically possible. A special use permit shall be required to place a new or failed system within the setback zone.

North arrow and date.

Property lines.

Locus map showing adjacent wetlands and other significant hydrological features.

Names and addresses of abutting property owners and holders of conservation restrictions and easements.

Wetlands limit and wetlands buffer.

Soil types.

Vegetation types.

Topographic contours at no greater than five-foot intervals.

Surface drainage patterns, intermittent and year-round.

Existing and proposed development, proposed removal of vegetation and alteration of the land surface.

Computation of the area to be impacted, in square feet of surface area in the wetlands and buffer.

Stormwater implementation plan (SWIP) proposed during and after construction.

The proposed activity minimizes the degradation to, or loss of, wetlands and wetland buffers, and compensates for any adverse impact to the functions and values of wetlands and wetland buffers, including but not limited to the capacity of the wetland to:

The proposed activity will have no negative environmental impact to abutting or downstream property and/or hydrologically connected water and/or wetlands resources, including:

The proposed activity or use cannot practicably be located otherwise on the site to eliminate or reduce the impact to the wetlands or its buffer.

The proposed activity utilizes applicable best management practices.

Federal and/or state permits have been received for the proposed activity in accordance with N.H. Administrative Rules Env-Wt 100-800 and the Federal Clean Water Act Section 404 Permit.

Where applicable, proof of compliance with all other state and/or federal regulations has been received.

When a special use permit application proposes work that requires a NH shoreland permit in accordance with the NHCSPA, RSA 483-B, the applicant shall submit a copy of the shoreland permit and approved plan as part of the special use permit application.

Any development subject to an application for building permit, special use permit, subdivision or site plan approval;

Any development approved before the effective date of this section that is determined to be in violation of any wetlands buffer required that existed at the time the development was approved; or

Any activity within a wetlands or wetlands buffer that was undertaken without obtaining a required special use permit.

Demonstrate that the proposed use, either alone or on a cumulative basis, will not cause a reduction of more than 10% of the long-term volume of water (safe yield averaged over the last five years) contained in the aquifer or the storage capacity of the aquifer.

Minimize, through a source control plan that identifies pollution prevention measures, the release of regulated substances into stormwater.

Demonstrate that recharge to groundwater will not result in violation of ambient groundwater quality standards (Env-Ws 410.05) at the property boundary.

Stipulate that expansion or redevelopment activities shall require an amended stormwater plan and may not infiltrate stormwater through areas containing contaminated soils without completing a Phase I Assessment in conformance with ASTM E 1527-05, also referred to as "all appropriate inquiry (AAI)."

Storage, handling, and use of regulated substances in quantities exceeding 100 gallons or 800 pounds dry weight at any one time, provided that an adequate spill prevention, control and countermeasure (SPCC) plan, in accordance with § 175-24, is approved by the Fire Department or Emergency Management Officer;

Any use that will render impervious more than 15% or 2,500 square feet of the portion of the lot within the Groundwater Protection Overlay District, whichever is greater.

The Board shall consider the following in making its decision on an application:

The Board may also consider comments on any application from the Carroll County Soil Conservation District, the Lakes Region Planning Commission, New Hampshire Department of Environmental Services the United States Army Corps of Engineers or other technical agencies or organizations which may undertake additional studies or investigations.

Reviewing the basic concepts of the proposal.

Reviewing the proposal with regard to the Master Plan and Zoning Ordinance.

Explaining the local regulations that may apply to the proposal.

Reviewing a yield plan for the site.

Guiding the applicant relative to state and local requirements.

Village Residential.

Residential.

General Residential.

Structures.

A nonconforming use occupying a portion of a parcel of land or a portion of a building may, by special exception, be expanded by no more than 25% of the portion of the parcel of land or building dedicated to the nonconforming use at the time of passage of this section; provided, however, that nonconforming signs may not be expanded.

Installation of a new foundation or the replacement of an existing foundation, provided that a) the sill height is not increased by more than 24 inches; b) the existing footprint is not expanded; and c) the resulting structure falls within the district's height limitation.

Replacement of a structure, provided that the replacement structure is the same size and configuration as the nonconforming structure and the location is the same or a less-nonconforming location.

Removal and replacement of open decks attached to dwelling units, provided that a) the replacement deck is the same size or smaller, and b) the Building Inspector has inspected and confirmed the deck dimensions prior to its removal.

Routine maintenance.

Completion of projects under construction which subsequently become not permitted by a zoning amendment.

Change of a nonconforming use to another, less nonconforming use, subject to site plan approval if the use is nonresidential.

Signs in a residentially zoned area with a message area of one square foot or less, which bears only the property number/street address and/or names of the occupants.

Legal notice, such as "no trespassing" signs, with a message area of two square feet or less.

Window lettering limited to six square feet per business.

On-site directional sign for commercial use, not exceeding four square feet, and the business name or logo limited to no more than 25% of the directional sign.

Small (not to exceed 16 inches by 28 inches) LED internally illuminated "OPEN" signs.

Off-site signage of a commercial use is prohibited for any business or commercial entity or operation, including home occupations. In this context, "off-site" shall mean a sign on a location or parcel that is different than the property or location where the business, commercial entity, or operation is located; for example, a separate parcel than the one where the business is located.

Farms, as defined by RSA 21:34-a, shall be permitted up to four off-premises signs, each sign not exceeding six square feet in area on each of two sides and intended solely for commercial purposes to provide information about farm products for sale, as well as directional information.

No sign which contains a registered trademark or name which portrays a specific commodity or service for sale will be allowed in any zone unless the trademark or name is of the principal commodity or service offered for sale by the establishment.

Signs may be illuminated only by exterior light sources. The light sources shall be placed so that they will not constitute a hazard to street or highway driving by glare or create a negative impact on abutting properties.

No flashing or animated signs or signs with visible moving parts or intermittent lighting to create the visual effect of movement shall be permitted.

No neon signs shall be permitted.

Vending and dispensing machines located outside a building shall not be internally illuminated.

All signs, except for business directional signs, shall be prohibited within the Town right-of-way. Business directional signs shall be allowed only in the Town right-of-way, provided their placement does not cause a safety hazard or impede the sight distance associated with the entrance/exit to the site or to the traveling public.

Any business seeking to establish an off-premise business directional signs or post must apply for a permit through the Code Enforcement Office.

Off-premises business directional signage is permitted only on approved, permitted, Town-owned posts at intersections, within the Bay Street Limited Business District, Wolfeboro Falls Limited Business District, and Central Business District and at the following designated locations:

New sign post locations may be requested within a public right of way via a Business Directional Sign Permit, subject to applicable fees, and shall be so designed or so placed as not to endanger, obscure, confuse or otherwise create a hazardous condition to motor vehicles or pedestrians.

Business directional signs shall be limited to a maximum of two within the town per business. Signs for one business placed back to back shall constitute two signs. Only one post per intersection shall be permitted. Signs shall be uniform in size and shall conform to the following specifications:

All business directional sign posts shall:

Preexisting nonconforming signage.

Number of signs.

The type of sign permitted in each district is illustrated in Table 1, and size of permitted signs is illustrated in Table 2.

Glass requirements. Any glass forming a part of a sign shall be of safety glass, and where any single piece or pane of glass has an area of more than three square feet, it shall be constructed of wired glass securely held in place.

Wind pressure and dead load. The supporting structure of and fasteners for all signs shall be designed to withstand five times the combined effect of wind pressure and dead load. A wind pressure of 25 pounds per square foot on the maximum horizontally projected area of the sign shall be assumed; dead load shall be the weight of the sign.

Obstructions to doors and windows. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape.

Canopies. Canopies may be constructed of cloth, plastic, or metal; provided, however, that the lowest portion of any canopy shall not be less than eight feet above the level of the sidewalk; they may extend beyond the street line but not nearer than 18 inches to the curbline.

Awnings. Awnings may be constructed of cloth, plastic, or metal; provided, however, that the lowest portion thereof shall be not less than eight feet above the level of the sidewalk; they may extend beyond the street line but not nearer than 18 inches to the curbline.

Notification and removal shall be the duty of the Code Enforcement Officer to notify the violator and/or building owner of any violations in writing, and if the condition is not corrected in five days from the date of notification, the Code Enforcement Officer shall take legal action to have the sign removed immediately. The owner shall be liable for any costs incurred for such removal. The Code Enforcement Officer is authorized to take enforcement action, after such notice has been duly given, of any such use in violation. Nothing herein shall prevent the Code Enforcement Officer from causing prosecutions for violations to obtain or impose fines for such violations, either as supplemental or alternative corrective actions.

Any sign now or hereafter existing which no longer advertises a bona fide business conducted or product sold shall be removed by the owner, agent or person having the beneficial use of the building or property upon which the sign may be located. Removal shall take place within 14 days after written notification from the Code Enforcement Officer.

The Planning Board shall hold a public hearing on the proposed update or revision, with notice as provided in RSA 675:7. Such notice shall include information stating where the proposed local building code amendment and the new or amended national codes or code provisions are available for public inspection.

Following such hearing, the updated or revision shall become final upon approval by the Selectmen and recording with the Town Clerk.

Where the naturally occurring receiving soil downgradient of the leaching portions of a septic system is a porous sand and gravel material with a percolation rate faster than two minutes per inch, the setback shall be at least 125 feet;

For naturally occurring receiving soils with restrictive layers within 18 inches of the surface, the setback shall be at least 100 feet; and

For naturally occurring receiving soils with any other characteristics, the setback shall be at least 75 feet.

Minimum setbacks from certain uses. A sexually oriented business shall not be located within 500 feet of any property line of any of the following:

Minimum setbacks from certain zoning districts. Sexually oriented businesses shall not be located within 500 feet of any residential district.

Minimum separation between sexually oriented businesses. There shall be a minimum of 1,000 feet of separation between the locations of sexually oriented businesses.

Sign design. A sexually oriented business shall be limited to one sign which shall not exceed 24 square feet in area. Signs shall not include graphic images of nudity, or include images or copy which references specified sexual activities, whether actual or simulated, or specified anatomical areas, or instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities; and

Screening of certain activities and images. Specified sexual activities or specified anatomical areas, including instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, or any images of the same, shall not be visible in any fashion whatsoever from the exterior of the building in which the business is located.

The name and address of the applicant. If the applicant is a corporation, partnership, or association, the application shall list the name and address of the principal owners and officers thereof and their addresses.

The address of the premises where the sexually oriented business is to be located.

The name and address of the owner of the location (building).

A description in detail of the business activity, including the square footage devoted to specific activities, including storage areas and services. A floor plan showing the location of sales areas, entertainment areas, restrooms, retail areas, video booths, passageways and corridors, walls, doors, windows, primary and secondary means of egress, and other activity areas.

Written explanation detailing policy for compliance with RSA 571-B, Exposing minors to harmful materials, as may be amended.

A management plan which at minimum will set forth the following:

Not allow or permit any minor to enter any part of or to be on the premises of the establishment, including parking lots immediately adjacent thereto which are intended for use by patrons of the establishment.

Have the establishment physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms, or stalls wherein sexually oriented entertainment is provided shall be clearly visible from the common areas of the premises. Visibility into all booths, cubicles, rooms, or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever.

Not allow an aperture or opening of any kind to exist between any two booths, cubicles, rooms, or stalls used for the purpose of viewing sexually oriented motion pictures or other types of sexually oriented entertainment.

Operate the establishment only between 9:00 a.m. and 1:00 a.m., Monday through Saturday.

Not permit any specified sexual activities, specified anatomical areas, instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, or their images to be visible in any fashion whatsoever from the exterior of the building in which the business is located.

Maintain the exterior of the establishment so that it is in a condition that is free and clear of any sexual paraphernalia or packaging.

Equip the establishment with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owner and its agents to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

General lighting requirements.

Control of glare; luminaire design factors.

Residential lighting (one- and two-family). These provisions are intended to prevent private and public nuisances and protect property values. This section applies to existing and proposed single-family and duplex residential uses.

It shall be permissible, upon application to and approval by the Planning Board for lot line adjustment, to reconfigure or merge contiguous nonconforming lots, provided that the adjustment results in the same or fewer number of lots; or to increase the total area or frontage of a nonconforming lot by the joining of land from a contiguous conforming lot so long as the conforming lot remains conforming.

Acreage and lot frontage of individual lots may be decreased upon a finding of the Planning Board that the overall configuration of the lots is improved.

The Planning Board shall have the authority to determine the setbacks required for reconfigured lots but shall not allow setbacks to be less than 30 feet for shore frontage, 30 feet for front yards, and 10 feet for side and rear yards nor require setbacks greater than 50 feet for shore frontage, 50 feet for front yards, and 25 feet for side and rear yards. In determining the setbacks required for reconfigured lots, the Planning Board shall make a finding that the required setbacks are in harmony with adjacent structures in the neighborhood, do not diminish the development potential of the preexisting lot and ensure the environmental integrity of the site.

Review and comment by the Planning Board.

The lot complies with all other zoning requirements and no application will be considered without a compliance determination issued by the Code Enforcement Officer. If not, the property owner(s) shall first obtain any necessary variance(s).

The general special exception criteria of § 175-127A through H are satisfied.

Proof of the applicant's deeded right of access to the lot shall be made part of and included with the application submitted to the Zoning Board of Adjustment.

Driveway access site plan approval by the appropriate public safety officer(s) shall be made part of and included with the application submitted to the Zoning Board of Adjustment. Any approval shall include a condition precedent, requiring the construction and approval of the driveway by the public safety officer(s) prior to the issuance of the certificate of occupancy.

The applicant shall endorse the Town's "Acknowledgment Regarding Issuance of a Building Permit on a Private Way," which shall be made part of and be included with the application submitted to the Zoning Board of Adjustment. The endorsed document shall be recorded if the application is approved.

The applicant shall endorse the Town's "Acknowledgment Regarding Ineligibility for Subdivision Approval," which shall be made part of and be included with the application submitted to the Zoning Board of Adjustment. The endorsed document shall be recorded if the application is approved.

A maximum of one accessory dwelling unit (ADU) per single-family dwelling is permitted.

Exterior alterations, enlargements, or extensions of the single-family dwelling are permitted in order to accommodate the accessory dwelling unit. However, no such change is permitted which would alter the appearance of the single-family dwelling to look like a duplex or any other multifamily structure (i.e., the house shall not look like it was designed to occupy more than one family). The exterior door to the accessory dwelling unit shall be located to the side or rear of the building whenever possible. The ADU shall be connected to the main dwelling unit by an interior door in a common wall.

The area of an ADU shall not exceed 30% of the total habitable floor area of the single-family dwelling or 750 square feet, whichever is larger.

A minimum of one dedicated off-street parking space shall be provided for the ADU.

The property owner must occupy one of the two dwelling units and provide proof of occupancy. The owner-occupied unit cannot be sublet. Both the primary dwelling unit and the accessory dwelling unit must remain in common ownership.

Where municipal sewer service is not provided, the septic system shall meet New Hampshire Water Supply and Pollution Control Division requirements for the combined system demand for total occupancy of the premises, RSA 485-a:38, Approval to Increase Load on a Sewage Disposal System.

Front yard (street): 30 feet.

Side yard: 10 feet.

Rear yard: 10 feet.

Front yard (street): 30 feet.

Side yard; straight line shore frontage:

Rear yard: 25 feet.

Shoreline: 50 feet.

Purpose and intent. The purpose is to preserve the integrity of the surface waters of the Town, especially the more sensitive smaller lakes and ponds. All shoreline structures shall be constructed so as to insure safe navigation, to minimize reduction of water availability for public use, to promote higher water quality and safety conditions, to avoid changes in surface and subsurface conditions that would be deleterious to fish and wildlife habitat, and to avoid changes in water movements that might cause erosion or siltation.

Definition. For the purposes of this subsection, "boathouse" means a docking facility which has a permanent roof with or without sides covering the boat slip or slips. A boathouse must be an accessory structure to the principal permitted structure.

An existing boathouse may be repaired, replaced or reconstructed, so long as its external dimensions do not exceed those of the facility that is being repaired, replaced or reconstructed and the project otherwise complies with applicable state and municipal regulations.

A new boathouse may be constructed, provided that it will not be constructed in or over wetlands or public waters, and provided further that each of the following criteria is met:

Impervious surface area limitation.

Other restrictions/notes: no establishment/expansion of salt storage yards, auto junkyards, solid waste and hazardous waste facilities.

All new lots, including those in excess of five acres, are subject to subdivision approval by the New Hampshire Department of Environmental Services.

Setback requirements for all new septic systems shall comply with the New Hampshire Department of Environmental Services subsurface disposal requirements.

In accordance with RSA 485-A:39, when selling developed waterfront property, a site assessment study is required for all properties with on-site septic that are contiguous to or within 200 feet of water bodies.

In accordance with RSA 485-A:17, an alteration of terrain permit is required for any project that proposes to disturb more than 50,000 square feet of contiguous terrain if any portion of the project is within the protected shoreland or disturbs an area having a grade of 25% or greater within 50 feet of any surface water.

For lots that are 1/2 acre or more in size between the reference line and 150 feet from the reference line, at least 50% of the area between 50 feet and 150 feet from the reference line, exclusive of impervious surfaces, must be maintained in an unaltered state.

For lots that are less than 1/2 acre between the reference line and 150 feet from the reference line, at least 25% of the area between 50 feet and 150 feet from the reference line must remain in an unaltered state.

For lots that do not comply with the area requirements of the natural woodlands buffer unaltered state, the standards noted in Subsection B(1) and (2) above shall be satisfied using the following renewal standards:

All primary structures must be set back at least 50 feet from the reference line.

Within 50 feet from the reference line, a waterfront buffer must be maintained. Within the waterfront buffer, tree coverage is managed with a twenty-five-foot-by-fifty-foot grid and point system, with the 25 feet being measured along the reference line. Trees and saplings may be cut, provided the sum score of the remaining trees and saplings within the grid segment is at least 25 points. Trees and saplings shall be scored as follows:

Except as otherwise provided in this Subsection C, no vegetation shall be removed except for footpaths to provide access to any docks, beaches and structures, not to exceed six feet in width, and which do not concentrate stormwater or contribute to erosion and do not reduce compliance with the point system requirement.

Existing ground cover, including the duff layer, must remain intact; no cutting or removal of vegetation below three feet in height (excluding previously existing lawns and landscaped areas). Stumps, roots, and rocks embedded in the ground must remain intact in the ground. Stumps may be ground down below grade, provided new plantings are made to replace the removed tree.

If the total tree and sapling score in any twenty-five-foot-by-fifty-foot segment exceeds 25 points, then trees, saplings, and shrubs over three feet in height may be removed, as long as the sum of the scores for the remaining trees and saplings in that segment does not total less than 25 points. If for any reason there is insufficient area for a full segment, or the segment contains areas incapable of supporting trees and saplings, such as areas of rock, ledge, or beaches, the point score requirement for the remaining vegetation in that partial segment shall be reduced proportionally to that required of a full segment. Vegetation shall not be removed from any segment which fails to meet the minimum point score for that segment. Owners are encouraged to take efforts to plan the maintenance of their waterfront buffer areas, including the planting of additional noninvasive vegetation to increase point scores within segments, thus providing sufficient points to allow the future removal of vegetation as may become necessary while still meeting the requirements of this section.

Dead, diseased, or unsafe trees, shrubs and ground cover shall not be included in scoring and may be removed.

Pesticide and herbicide applications can be applied by a licensed applicator only.

Only low-phosphorus, slow-release nitrogen fertilizer can be used beyond 25 feet of the reference line. No fertilizer may be used within 25 feet of the reference line.

Any property owner who wishes to redevelop a property on which a preexisting nonconforming primary structure exists shall submit the following:

For purposes of this subsection "more nearly conforming" means alteration of the location or size of the existing footprints, or redevelopment of the existing conditions of the property, such that the structures or the property are brought into greater conformity with the standards of this section. Methods for achieving greater conformity include, without limitation, reducing the overall square footage of structural footprints, reducing the nonconformity of existing legally nonconforming structures, and enhancing stormwater management.

Front yard (street):

Side yard: 10 feet.

Rear yard: 10 feet.

One single detached dwelling per lot.

One single detached dwelling per lot with one accessory dwelling unit.

One duplex dwelling per lot.

Article XXII, Off-Street Parking and Loading Requirements.

Flood Hazard Ordinance.

Wetlands Ordinance.

Front yard (street): 30 feet.

Side yard: 20 feet.

Rear yard: 25 feet.

One single detached dwelling per lot.

One single detached dwelling per lot with one accessory dwelling unit.

One duplex dwelling per lot.

Article XXII, Off-Street Parking and Loading Requirements.

Flood Hazard Ordinance.

Wetlands Ordinance.

Front yard (street): 30 feet.

Side yard: 25 feet.

Rear yard: 25 feet.

One single detached dwelling per lot.

One single detached dwelling per lot with one accessory dwelling unit.

One duplex dwelling per lot.

Front yard (street): 30 feet.

Side yard: 25 feet.

Rear yard: 25 feet.

One single detached dwelling per lot.

One single detached dwelling per lot with one accessory dwelling unit.

One duplex dwelling per lot.

Commercial: none required.

Single-family/duplex: 21,780 square feet (Town sewer and water required).

Multifamily: 6 units per acre (Town sewer and water required).

Front yard (street):

Side yard:

Rear yard:

One single detached dwelling per lot.

One accessory dwelling unit.

One duplex dwelling per lot.

Offices.

Restaurants.

Banks.

Indoor theater.

Similar community services.¹

Parking. No new parking shall be located on the portion of the lot between the front wall of the principal building and the front property line. This restriction shall apply to the full width of the lot. For corner lots, this restriction shall apply to all frontages abutting a public street.

Vehicular access. No new vehicular access or driveway shall be located or pass between the front wall of the principal building and the front property line.

Building setback. The front wall of the principal building shall be located within 15 feet of the front property line.

Pedestrian area. The area directly in front of the front wall of the building and extending to the front property line shall be maintained as a pedestrian area and shall be improved with appropriate amenities to link the building with the sidewalk and to encourage pedestrian and/or customer use of the space.

Front entrance. The front wall of the principal building shall contain a front door providing access to the building for tenants, customers, or users of the building.

Treatment of the front facade. The front wall of the principal building shall be designed to include windows appropriate to the proposed use. On the first floor, not less than 20% of the surface area of the front wall shall be windows. On upper floors, not less than 10% of the surface area shall be windows.

Article XXII, Off-Street Parking and Loading Requirements.

Commercial: 21,780 square feet.

Single-family/duplex: 21,780 square feet.¹

Multifamily: two units per acre.¹

Front yard (street): 30 feet.

Side yard: 10 feet.

Rear yard: 10 feet.

One single detached dwelling per lot.

One accessory dwelling unit.

One duplex dwelling per lot.

Multifamily dwellings.

That the proposed use, including all improvements, but excluding structures addressed by § 175-95A, is set back 25 feet from the front property line and at least 25 feet from all other lot lines. The side and rear setback areas shall be reserved as a natural vegetative buffer; and

The improved area, used for storing vehicles, equipment and supplies, shall be screened to a minimum height of five feet with appropriate landscaping materials so that vehicles, equipment, and supplies are screened year round from any abutting residential properties and public rights-of-way; and

Bulk storage of salts, and materials containing salts, commonly used for snow and ice removal, bulk fertilizers and other leachable material shall not be exposed to precipitation and shall be stored on a permanent impermeable surface to prevent ground infiltration.

Fuel storage and fueling area(s) shall be developed in compliance with the Administrative Rules Env-Wq 401, Best Management Practices for Groundwater Protection and NHDES Fact Sheet WD-DWGB-22-6.

That the proposed use, including all improvements, but excluding structures addressed by § 175-95A, is set back 25 feet from the front property line and at least 25 feet from all other lot lines. The side and rear setback areas shall be reserved as a natural vegetative buffer; and

The improved area, used for storing vehicles, equipment and supplies, shall be screened to a minimum height of five feet with appropriate landscaping materials so that vehicles, equipment, and supplies are screened year round from any abutting residential properties and public rights-of-way; and

Bulk storage of salts, and materials containing salts, commonly used for snow and ice removal, bulk fertilizers and other leachable material shall not be exposed to precipitation and shall be stored on a permanent impermeable surface to prevent ground infiltration.

Fuel storage and fueling area(s) shall be developed in compliance with the Administrative Rules Env-Wq 401, Best Management Practices for Groundwater Protection and NHDES Fact Sheet WD-DWGB-22-6.

Front yard: 20 feet.

Side yard: 10 feet.

Rear yard: 20 feet.

Article XXII, Off-Street Parking and Loading Requirements.

Section 175-137, Landscaping.

Front yard: 20 feet.

Side yard: 15 feet.

Rear yard: 20 feet.

Shore yard: 50 feet.