Date of Printing:

March 2003

ZONING ORDINANCE

ARTICLE I: Preamble Z1

ARTICLE II: Zoning Map and Interpretation Z2

ARTICLE III: Definitions Z3

ARTICLE IV: General Provisions Z10

ARTICLE V: Zoning District Regulations Z22

ARTICLE VI: Rural Cluster Residential Development Z27

ARTICLE VII: Nonconforming Uses Z37

ARTICLE VIII: Wireless Communication Facilities Z39

ARTICLE IX: Enforcement Z41

ARTICLE X: Board of Adjustment Z42

ARTICLE XI: Amendments Z42

ARTICLE XII: Penalty Z42

ARTICLE XIII: Saving Clause Z42

ARTICLE XIV: Effective Date Z43

ARTICLE XV: Repeal of Prior Ordinances Z43

ARTICLE XVI: Public School Impact Fees Z44

GROWTH MANAGEMENT AND TIMING OF DEVELOPMENT ORDINANCE GM1

HISTORIC DISTRICT ORDINANCE HD1

LAND SUBDIVISION CONTROL REGULATIONS SD1

SECTION 100 AUTHORITY SD1

SECTION 200 DEFINITIONS SD1

SECTION 300 GENERAL REQUIREMENTS SD2

SECTION 400 REGULATING SIZE OF LOTS IN SUBDIVISION SD5

SECTION 500 PROCEDURE FOR SUBDIVISION SD6

SECTION 600 PRELIMINARY LAYOUT SD7

SECTION 700 PLATS AND DATA FOR FINAL APPROVAL SD9

SECTION 800 FILING OF PLANS SD10

SECTION 900 CHANGES IN APPROVED PLANS SD11

SECTION 1000 RELATIONSHIP BETWEEN STATE AND LOCAL REGS SD11

SECTION 1100 SAVING CLAUSE SD11

SECTION 1200 AMENDMENTS SD11

Minimum Lot Size By Soil Type SD12

SITE DEVELOPMENT PLAN REGULATIONS SP1

SECTION 100 AUTHORITY SP1

SECTION 200 ORDINANCE AND REGULATION REQUIREMENTS SP1

SECTION 300 DUTIES OF THE PLANNING BOARD SP1

SECTION 400 DEFINITIONS SP2

SECTION 500 GENERAL REGULATIONS SP2

SECTION 600 REQUIREMENTS FOR SITE DEVELOPMENT PLAN APPROVAL SP4

SECTION 700 PROCEDURE FOR SITE DEVELOPMENT PLAN APPROVAL SP13

SECTION 800 PRELIMINARY LAYOUT SP14

SECTION 900 PLAT AND DATA FOR FINAL APPROVAL SP15

SECTION 1000 FILING OF PLANS SP15

SECTION 1100 CHANGES IN APPROVED PLANS SP16

SECTION 1200 CONCURRENT AND JOINT HEARINGS SP16

SECTION 1300 AMENDMENTS SP16

SECTION 1400 POWER TO REVIEW SITE PLANS SP17

SECTION 1500 SEPARABILITY SP17

Minimum Lot Size by Soil Type SP18

ROAD SPECIFICATIONS AND REGULATIONS RS1

SECTION 400 GENERAL PROVISIONS RS1

SECTION 410 ROAD DESIGN REQUIREMENTS RS1

SECTION 420 PREPARATION OF ROADS RS3

SECTION 430 INSPECTION PROGRAM RS3

SECTION 440 DRIVEWAYS & OTHER ACCESSES TO THE PUBLIC WAY RS4

SECTION 450 DESIGN SPECIFICATIONS REFERENCE RS5

SECTION 460 RELATIONSHIP BETWEEN STATE & LOCAL REGULATIONS RS5

SECTION 470 SAVING CLAUSE RS5

SECTION 480 EFFECTIVE DATE RS6

SECTION 485 AMENDMENT RS6

SECTION 490 ENFORCEMENT RS6

Typical Road Section RS7

BUILDING CODE ORDINANCE BC1

SECTION 100 BUILDING INSPECTOR BC1

SECTION 200 DUTIES OF BUILDING INSPECTOR BC1

SECTION 300 DUTIES OF THE APPLICANT BC2

SECTION 400 FEE SCHEDULE FOR BUILDING INSPECTIONS BC2

SECTION 500 CERTIFICATE OF OCCUPANCY BC2

SECTION 600 STRUCTURAL REQUIREMENTS BC3

SECTION 700 EXEMPTIONS BC6

SECTION 800 AMENDMENT BC6

SECTION 900 ENFORCEMENT BC6

SECTION 1000 EFFECTIVE DATE BC7

SECTION 1100 SAVING CLAUSE BC7

SECTION 1200 REPEAL OF PRIOR BUILDING CODE ORDINANCE BC7

WATER SUPPLY AND SEWAGE DISPOSAL REGULATIONS WS1

SECTION 100 PURPOSE WS1

SECTION 200 DEFINITIONS WS1

SECTION 300 WASTEWATER DISPOSAL SYSTEM WS2

APPENDIX A1

FEE SCHEDULE FOR BUILDING PERMITS & INSPECTION FEES A2

SAMPLE SUBDIVISION/SITE PLAN CHECKLIST A3

SAMPLE OF APPLICATION FOR SEWAGE DISPOSAL SYSTEM A7

SAMPLE OF SEWAGE DISPOSAL SYSTEM PERMIT/CERTIFICATE OF APPROVAL A8

SAMPLE OF APPLICATION FOR WATER SUPPLY SYSTEM A9

SAMPLE OF WATER SUPPLY SYSTEM PERMIT/CERTIFICATE OF APPROVAL A10

SAMPLE CHECKLIST FOR SEWAGE DISPOSAL DESIGN (SUBDIVISION) A11

SAMPLE CHECKLIST FOR SEWAGE DISPOSAL DESIGN (INDIVIDUAL) A13

INDEX A15

100:1 In pursuance of authority conferred by Chapter 674, Section 16 as amended, New Hampshire Revised Statutes Annotated, 1984, and for the purpose of promoting the health, safety, morals, prosperity, convenience or general welfare, as well as efficiency and economy in the process of development of the incorporated Town of Atkinson, New Hampshire, by securing safety from fire, panic and other dangers, providing adequate areas between buildings and various rights of way, by preserving the rural charm now attached to our town, the promotion of good civic design and arrangements, wise and efficient expenditures of public requirements, and by other means, now therefore the following ordinance is hereby enacted by the voters of the Town of Atkinson, New Hampshire, in official meeting convened.

ARTICLE II: ZONING MAP AND INTERPRETATION

200:1 For the purpose of this Ordinance, the Town of Atkinson is divided into districts as shown on the Zoning Map filed with the Town Clerk and dated March, 1990, and includes the following: (RR-3) Rural Residential 3 acres; (RR-2) Rural Residential-2 acres; (TR-2) Town Residential; © Commercial; (C-I) Commercial-Industrial; (C-P) Commercial-Professional; and (TC) Town Center.

210:1 The location and boundaries of zoning districts are established as shown on the attached Zoning Map. The Zoning Map is hereby made part of these regulations and incorporated herein.

220:1 Regardless of the existence of other printed copies of the Zoning Map, the Official Zoning Map, which shall be located in the Office of Town Clerk, shall be the final authority as to the current zoning status of the land and water areas, buildings, and other structures in the town.

230:1 Where uncertainty exists in respect to the boundary of any zoning districts on the Zoning Map, the Board of Adjustment shall determine the location of such boundary.

240:1 Where a District boundary line divides a lot of record at the time such zone-boundary line is adopted, the regulation for the less restricted part for such lot shall extend not more than 30 feet into the more restricted part provided the more restricted lot has frontage on a street in the less restricted district; otherwise no encroachment on a more restricted lot shall be permitted.

Where a district boundary line divides a lot of record at the time such zone boundary line is adopted, the more restricted zone may be extended throughout the lot of record (into the less restricted zone.) (1990)

250:1 Except as hereinafter provided, no building or structures shall be erected, moved, altered, or expanded and no land, building or structure shall be occupied for use unless in conformity with these regulations herein specified for the district in which it is located or proposed to be located. Any use not specifically permitted by these regulations shall be deemed prohibited. (1982)

Y3 YARD SIDE shall mean a yard extending from the front yard to the rear yard of a lot between a side lot line and the nearest point of any building on the lot and the "Minimum" side yard means the minimum width of a side yard on a lot between a side lot line and the nearest point of any building on the lot. (2000)

400:1 No owner or occupant of land in any district shall permit fire or other ruins to be left, but shall remove the same within one year. Said structure is to be boarded up and secured within 30 days to the satisfaction of the Police and Fire Departments, so as not to present any risk to the community. The Town will have the right to complete the securing process and to place liens against the property to cover the town's costs of so doing, pursuant to RSA 155-B. (1992)

400:2 Any uses that may be obnoxious or injurious by reason of the production or emission of odor, dust, smoke, refuse matter, fumes, noise vibrations, or similar conditions, or that are dangerous to the comfort, peace, enjoyment, health, safety of the community or lending to its disturbance or annoyance are prohibited in any district. No privately-owned land in any district shall be used for the dumping of or storage of hazardous wastes or junk. (1982, 1984)

400:3 CONTIGUOUS LOTS

a. Any building or use otherwise permitted in the district shall be permitted on a substandard lot, provided that such substandard lot is legally buildable in all other respects and is not adjacent to another lot(s) having the same ownership as of the effective date of this ordinance and amendments, or at any time thereafter.

b. Whenever the owner of a substandard lot owns or acquires an adjacent lot, resulting in the combined lots' meeting or exceeding this ordinance's standard lot requirements, the adjacent lot(s) will be considered as being merged into one (1) lot for the purposes of this ordinance. Such merged lot will be required to conform thereafter to this ordinance's standards, including the area, frontage, depth, yard, and coverage requirements.

c. The Board of Adjustment may grant a special exception to the requirements of subparagraphs "a" and "b" above provided the substandard lot meets all of the following criteria:

1) It is located in a subdivision which was approved by the Planning Board and duly recorded in the Rockingham County Registry of Deeds prior to June 1978.

2) It is part of a subdivision in which at least 80% of the total number of lots therein have been previously improved.

3) It consists of one or more acres of buildable land.

4) It has road frontage of at least one hundred fifty feet (150').

5) It is able to meet the requirements of Z400:4, Z410:7-9, Z530g, and WS300.

6) Its improvement will not endanger the public health and welfare.

400:4 On existing lots of record that are less than the required minimum in all residential zones, no building shall be located closer than thirty feet (30') to the right-of-way line, or closer than the average setback of the houses on the immediately adjacent lots, whichever shall be greater. In no case shall a building be located closer than fifteen feet (15') to the side lines or rear lot line. (1986)

400:5 In all circumstances where soils characteristics and/or soils boundaries must be designated and utilized in order to comply with land use requirements in the Town of Atkinson, an on-site investigation conducted by a New Hampshire certified soils scientist shall be made using the High Intensity Soil Map Standards developed by the Society of Soil Scientists of Northern New England in 1986 as amended. Material developed by the U.S. Soil Conservation Service in 1978 may be utilized for general background and reference purposes. [Effective 06/01/89]

400:7 Land Application of Septage. The land application of septage containing disease-causing bacteria and infectious viruses and protozoa; the stockpiling in any form, and the land spreading of Class B sewage sludge containing heavy metals, pathogens, parasites and hazardous organic chemicals, is not allowed in the Town of Atkinson, New Hampshire. This ordinance shall not apply to any facility owned and/or operated by the Town of Atkinson for the disposal of sewage/septage/sludge generated within the Town of Atkinson, New Hampshire. (1998)

 

410:1 Purpose. In the interest of public health, convenience, safety, and welfare, the regulation of wetlands areas is intended to guide the use of area of land with standing water or extended periods of high water table.

a. To protect persons and properties from the danger of floods by preserving natural floodwater storage areas.

b. To prevent the Town from incurring the costs of constructing sewer lines and treatment facilities which will be necessitated by the unwise development of unsuitable areas.

c. To prevent development on soils which will contribute to the pollution of surface and groundwater necessary to supply domestic water needs.

d. To preserve recharge areas necessary to maintain adequate groundwater supply and augment stream flow during dry periods.

e. To protect existing water quality.

f. To protect presently existing natural wetland wildlife habitats.

g. To discourage chronic stress on wetland environments contributed by modification of water flow patterns and rates.

 

h. To encourage uses that can be safely and appropriately located in wetland areas. (1978)

410:2 (Deleted: Town Meeting of March 1986. See Section Z300:1,W1.)

410:3 Wetland Boundaries

a. Wetland boundaries shall be determined by the on-site investigation of New Hampshire certified soils scientist using the High Intensity Soil Map Standards developed by the Society of Soil Scientists of Northern New England in 1986, as amended, and shall address the boundaries of all wetlands a defined in Section Z300: W1. In addition, the results of a visual inspection of the vegetation and natural features of property extending 100 feet beyond the boundaries of the on-site survey shall be provided in order to assure fulfillment of the purposes of this ordinance.

b. The results of an on-site soils investigation of the subject property and of any visual inspection of property contiguous to the subject property shall be placed on file with the Planning Board. High Intensity Soil Map Standards shall be available from the U. S. Soil Conservation Service Office and shall be on file with the Planning Board, Town Clerk, and Conservation Commission.

410:4 Appeals. In the event that a wetland or wetland boundary is incorrectly designated, any person so aggrieved by such a designation may present evidence of such incorrect designation to the Planning Board. (1979) [Effective 06/01/89]

410:5 Permitted Uses. Permitted uses in designated wetland areas are any uses that are compatible with the purposes specified in Section 410:1 and do not involve significant alteration of the wetland. Such uses include:

a. Forestry and tree farming in accordance with the recommendation of the Rockingham County Forester.

b. Water sources.

c. Wildlife habitat and habitat development.

d. Conservation areas, nature trails, and passive recreational uses.

e. Open space areas.

f. Scientific study area -- plant identification, wetland ecology, bird and wildlife identification, outdoor laboratory studies, and establishment of self-guiding nature trails.

g. Agricultural uses except the keeping of livestock and farm buildings. (1982)

410:6 Easements, Rights of Way. Streets, roads, and other access ways and utility rights of way or easements through wetlands which involve dredge and/or fill operations may be permitted provided that:

a. The street, road, access way or utility right of way or easement is located and constructed in a manner which creates minimum detrimental impact on all designated wetlands areas.

b. The street, road, access way or utility right of way or easement is essential to the productive use of land not zoned under the provisions of this ordinance.

c. Such location and construction is compatible with the intent and purpose of this ordinance. After permission for such uses has first been received from the New Hampshire Wetlands Board and the Atkinson Conservation Commission, approval for such uses shall be obtained as part of subdivision and/or site plan approval or, if not applicable, by special exception from the Board of Adjustment.

410:7 Minimum Lot Size. Areas designated as freshwater marshes, perennial or intermittent streams, or soils which are poorly or very poorly drained may not be used to satisfy minimum lot size requirements except where Soils Based Lot Sizing Volume II is specifically allowed for minimum lot sizing (see Section 610:3). (1993)

410:8 Buffer Zones (1998)

a. No waste disposal system nor building from which human or animal waste is generated, shall be constructed within a 100' horizontal distance from a designated wetland boundary or from intermittent streams. (This does not apply to existing or replacement systems). (1993)

 

b. All attached and detached residential or commercial garages shall be minimum of 100 feet from the edge of wetland. (This does not apply to existing construction.) (1998)

410:9 Buffer Zones.- DELETED 1993

420:1 Purpose and Intent. In the interest of public health, safety and wel- fare, the provisions of the Flood Plain Conservation District are intended to control and guide the uses of land areas subject to flooding. It is intended that the provisions of this district shall:

a. Promote the general health, safety and welfare of the community through certain restrictions of the use of land located within the flood plain.

b. Prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazards.

c. Reduce the financial burdens imposed on the community, its governmental units and its individuals by frequent and periodic floods and overflow of lands.

d. Permit appropriate uses to be located in the flood plain as herein defined which will not impede the flow of flood waters or otherwise cause danger to life and property at or above or below their locations along the floodway.

e. Permit only those uses in the flood plain compatible with the preservation of natural conditions which are conducive to the maintenance of constant rates of water flow throughout the year; which withhold rapid water runoff contributing to down-stream flooding; and which provide area for groundwater absorption for maintenance of the subsurface water supply. (1980)

420:2 District Boundaries

a. Definition. Flood plain is defined as those areas subject to periodic flooding and ponding as delineated by the Soil Conservation Service, United States Department of Agriculture, in the Soil Survey of Rockingham County, dated March, 1978. Although infrequent floods will exceed the limits delineated, those areas designated by soils bearing the numbers 6, 197, 295, 395, 495, and 595 represent the areas most often inundated by flood waters and represent the most realistic flood plain for the purpose of this district.

b. Establishment of District. The limits of the Flood Plain Conservation District are hereby determined to be areas subject to frequent, periodic flooding and include all such areas delineated by the Soil Conservation Service, United States Department of Agriculture, in data and maps comprising the Soils Survey of Rockingham County dated March, 1978.

c. Adjustment of District Boundaries. Insofar as various natural conditions, including the plain as herein defined, may change, such change can be validated by detailed on-site survey techniques of a

qualified soils scientist. The Planning Board shall act upon the validation of the Soil Conservation Service and/or other appropriate agencies to adjust a change in boundaries immediately upon receipt of such information.

d. Relation of Districts. Where the Flood Plain Conservation District is superimposed over another zoning district, the provisions requiring the strictest conservation of the greatest area of land shall apply.

420:3 Permitted Uses. The following uses are permitted in the Flood Plain Conservation District, provided they are in compliance with other municipal and state regulations:

a. Cultivation and harvesting of crops according to recognized soil conservation practices.

b. Pasture, grazing lands.

c. Outdoor plant nursery, orchards.

d. Recreation use such as park, day camp, picnic area, golf course, hunting and fishing, excluding structures.

e. Forestry -- tree farming, excluding storage and mill structures.

f. Harvesting of any wild crops, such as ferns, moss, or berries.

g. Wildlife refuge, woodland preserve, arboretum.

h. Utility transmission lines.

i. Flood retention dams, culverts, bridges, and roads.

420:4 Prohibited Uses in Flood Plain Conservation District.

a. The filling of flood plain lands except to build roads and dams in compliance with municipal and state regulations.

b. The removal of topsoil or damming or relocation of any watercourse except with the appropriate municipal and state approval.

420:5 Prohibited Uses in Areas Contiguous to Flood Plain Conservation District

a. All permanent structures within a 100-foot horizontal distance from the boundaries of the Flood Plain Conservation District.

b. All structures between a 100-foot and 300-foot horizontal distance from the Flood Plain Conservation District boundaries with the exception of those whose lowest floor (including the basement) and openings are at least two feet above the elevation of the flood plain boundary. (1980)

c. All buildings with a height of more than two stories including basement. (1982)

 

430:l No gravel pit, or quarry, and no removal of sod or loam shall be permitted in a residential district except as herein provided:

a. The Board of Adjustment shall approve the temporary operation of a pit or quarry which is incidental to the improvement of land provided that such operation will not create a traffic condition detrimental to the neighborhood or hazardous to the use of the highway, and provided that such operation will not create noise or dust to the extreme extent that it will be detrimental to the health or comfort of nearby residents. The Board of Adjustment shall determine the effective duration for which such a permit may be issued, and upon application may approve renewal of such permit upon

re-determination of the conditions under which such permit may be allowed. After no more than two hundred and fifty (250) days after the last use of the pit or quarry as a source of supply, the area shall be re-graded and left in a sightly condition and protected against erosion.

b. The Board of Adjustment shall allow the removal of sod or loam provided that all facilities for excavating, handling or storing shall be removed and the area shall be re-graded and re-seeded to assure the premises are left in a sightly condition and protected against erosion. Such removal and regrading shall be accomplished within (1) ninety (90) consecutive days after the depletion of the deposit or completion of the work for which the deposit was opened, or (2) two hundred and fifty (250) consecutive days after the last use of the deposit as a source of supply.

c. Before the approval by the Board of Adjustment for the operation of a pit or quarry or the removal of sod or loam, there shall be a bond filed with the Town Clerk in amount sufficient to cover the cost of meeting the condition of items (1) and (2) above.

430:2 No processing of sand, gravel, stone, loam, or other natural deposits shall be permitted in a residential district. (1959)

430:3 In applying the above standards and in reviewing application for the removal of natural deposits, the Board of Adjustment shall apply, as appropriate, such sections of the New Hampshire Statutes, in particular Section 155E, dealing with the removal of deposits.

Section 440. GENERAL FARMING AND THE KEEPING OF ANIMALS

440:1 With the exception of mink raising, and fox raising, general farming activity and the keeping of animals for other purposes shall be permitted provided the following criteria are met: (1999)

a. Large animals (horses, cattle, or sheep) shall be contained within the owner's property.

b. Large animals (horses, cattle, pigs, or sheep) shall not be kept on lots of less than one acre. No more than one large animal shall be kept on a one-acre lot; no more than three (3) animals on a two-acre lot; and no more than five (5) animals on a three-acre lot. (1999)

c. The keeping of animals shall not create health or safety hazards to immediate abutters or the community at large.

d. In residential areas, stables or shelters for large animals shall be located a minimum distance of fifteen feet (15') from any lot line; and corral fences shall be a minimum of five feet (5') from any lot line. (1999)

e. In all districts, owners shall be responsible for all damages and expenses incurred in the capturing and holding of escaped animals by Town officials. In addition, a fine shall be levied under guidelines established by the Board of Selectmen whenever a Town official is called out to capture an animal. (1984)

 

450:0 All home occupations except those exempted under Section 450:4 shall be required to apply for a Home Occupation Permit. (1992)

450:1 A permit for a home occupation shall be allowed in residential zones by special exception from the Board of Adjustment if the occupation complies with the following:

a. A proposed occupation shall be incidental and secondary to the use of the property as a dwelling and shall not consume more than 20% of the gross residential building space, and not change the residential character of the premises thereof. (1992)

b. Unless exempted by Section 450:4-a, no home occupation shall take place in a multi-family dwelling.

c. The occupation may be carried on by the occupant's immediate family residing at that location and by one or more additional employees whose aggregate hours of work at that location do not exceed eighty hours per week (80 hours/ week).

d. There shall be no physical evidence of equipment or materials outside the dwelling.

e. Adequate off-street parking areas must be provided. Parking areas in excess of those necessary for normal residential purposes may be allowed in side and rear yards only provided the residential character of the environment is preserved. (1992)

f. When necessary, further restrictions shall be placed on the occupation in order to comply fully with Article IV, Section 400:2 of this ordinance.

g. A permit to operate a home occupation shall be issued to the owner/occupant only and is not transferable to a subsequent owner.

h. The applicant shall complete and sign a form that sets forth the nature of the home occupation and provides details of the business and its scope of operation.

i. No home occupation that will result in heavy truck use in excess of 20,000 lbs. gross vehicle weight shall be allowed. (1992)

j. Vehicles registered to a home business or occupation must comply with the provisions of Section 480:1. (1992)

450:2 Nature of the Permit

a. Permits shall be issued by the Board of Adjustment.

b. Prior to the issuance of a permit, the Board of Adjustment shall hold a public hearing. Abutters will be notified of the time and date of the hearing by certified mail, such letter to include a description of the home occupation applied for and its location.

c. Before a permit is granted, mandatory building inspections shall be made by the Town if it is a Family Group Day-Care Home facility, or

if the public is to be served or persons outside the family are to be employed at the proposed location or if hazardous materials are to be stored there. In addition, a formal site plan review may be required if deemed necessary.

d. No more than one business permit can be in effect for any one location.

e. A permit is valid only for two (2) years and only for the owner/occupant and location for which it is issued. A renewal permit shall be required after two (2) years.

f. Annual inspections of the home occupation/home business premises may be required subsequent to the issuance of a permit in order to confirm compliance with the conditions of the original special exception granted. If, in the opinion of the Board of Selectmen, the business practices originally set forth and defined in the initial approval have changed, it shall revoke the permit that was issued. Permit holders whose permits are revoked may make application to the Board of Adjustment for a new permit based on the changed circumstances of the business.

450:3 Fees

a. There will be an initial permit fee as set by the Selectmen plus the cost of certified mail to each abutter including the applicant and the cost of all initial inspections deemed necessary.

b. Any inspection required by the Town subsequent to the issuance of a permit shall be paid by the permit holder. Any renewal permit shall require a fee as determined by the Board of Selectmen.

450:4 Exemptions from permit application requirements

a. Home occupations in which neither customers nor vehicles come to the location where the business activity takes place and at which no sign is displayed and no outside person is to be employed and there is no outward appearance of business activity.

b. Agricultural activity, including farming and forestry, in which products are grown on the premises and sold on or off the premises.

c. Home occupations for which permits were officially issued by the Planning Board and in effect on or before March 8, 1984, with such permits automatically becoming subject to Section 450:2-f. (1984)

450:5 The repair and/or sales of automobiles and other vehicles for business purposes is not permitted in residential zones and Town Center. (1990)

Section 460. ACCESSORY USES: EXTENDED FAMILY ACCESSORY LIVING UNIT

460:0 The objectives of this section are to:

a. Empower families with a tool to provide housing assistance to extended family members, who are in a personal hardship situation, while at the same time affording all parties the necessary privacy and living arrangements conducive to harmonious habitation in a single family residence;

b. Provide dwelling units to meet the needs of smaller households, both young and old;

c. Provide dwelling units in single-family neighborhoods that are appropriate for different housing demands, thereby lessening fluctuations in the demand, thereby lessening fluctuations in the demand for Town services, e.g.education and elderly care;

d. Extend the strict definition of single-family housing to serve the narrow scope of this particular housing need;

e. Preserve the intent of single family housing. This ordinance places strict physical limitations on size and access to the accessory living unit. It is intended that the accessory living unit will not be a wholly separate and self sufficient living unit and in fact the occupants of the accessory living unit will have access to and use space in the principal living unit.

 

f. Protect the single family residential character of a neighborhood by ensuring that the accessory living unit is permitted only in an owner-occupied house and under such conditions as to protect the property values and the health, safety and welfare of the public.

460:1 An Extended Family Accessory Living Unit shall be allowed in residential zones by special exception from the Board of Adjustment if the Extended Family Accessory Living Unit complies with the following:

a. The accessory living unit shall be subject to the standards and conditions for a special exception as set forth in this Ordinance.

b. No more than one accessory living unit shall be allowed per single- family dwelling. The accessory living unit shall be included in said single-family dwelling and shall not be permitted within accessory structures located on the same lot as the single-family dwelling.

c. The single-family dwelling or the accessory living unit shall not be converted to a condominium or any other form of legal ownership distinct from the ownership of the existing single-family dwelling. An accessory living unit shall be recorded by deed addendum at the Registry of Deeds, indicating the conditions and limitations of the approval granted.

d. The single-family dwelling to which an accessory living unit has been added shall be owner-occupied.

e. Accessory living units will be allowed only as part of single family detached housing.

f. The accessory living unit, and any related changes to the property, shall be designed so that the appearance remains that of a single family residence and is consistent with the single family character of other residences in the neighborhood. Any new entrances shall be located on the side or in the rear of the building.

g. The accessory living unit shall have convenient and direct access to the principal dwelling unit.

h. The accessory living unit shall be no more than 500 square feet in size, shall be clearly accessory to the principal dwelling unit and shall consist of no more than one bedroom.

i. Any and all construction shall be in accordance with the building standards of the Town of Atkinson in effect at the time of construction.

j. In accordance with the standards of the Town and the standards of the New Hampshire Water Supply and Pollution Control Division, the septic facilities shall be adequate to service both the existing single-family dwelling and the accessory living unit.

k. The occupancy shall be limited to a specific extended family member(s). For the purposes of this ordinance, extended family is defined as parents (and their spouses), grandparents (and their spouses), children (and their spouses), grandchildren and persons under legal guardianship. In the event specific extended family member(s) vacate said unit, the special exception shall expire and any new occupancy shall require a new special permit exception application. (1995)

Section 470. SIGNS

470:1 Purpose. These regulations have been created to permit signage for the following uses: Commercial, Commercial-Industrial, Commercial Professional, Municipal, Residential, reference, directional, temporary, and traffic. While recognizing that esthetics and design quality are difficult to legislate, it is the intent and purpose of this section to preserve the rural beauty of the town as well as the safety and well-being of the inhabitants and, at the same time, allow reasonable advertising and informational signs by regulating the type, number, location, color, illumination and size of such signs.

S1 Sign. Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity or to communicate information of any kind to the public.

T1 Temporary Sign. Any sign that is used only for a limited time, and is not permanently mounted.

470:3 Permit required. No sign identifying or advertising a business shall be erected, hung, altered or replaced without a sign permit. Temporary signs are excluded from this provision. Permit approval is obtained from the Building Inspector. The applicant or his agent must submit a set of plans, to scale, showing the sign, its dimensions, location and method of illumination, as well

as the materials and colors to be used in its construction. Upon approval, said permit shall be issued by the Building Inspector after the application fee is paid. Permit fee is determined by the Board of Selectmen. (1994)

470:4 Government exception. Provisions of this Ordinance shall not apply to conventional directional and identification signs and markers erected by federal, state or local government agencies.

470:5 Compliance. DELETED 1993.

470:6 General Provisions

a. Only one sign advertising a business shall be permitted on the immediate premises, except where specifically allowed within this Ordinance.

b. No signs advertising a business shall be permitted off the premises.

c. No moving, reflective, inflating, noise producing, odor or vapor producing signs are allowed.

d. Banners and portable signs are not to be used as permanent signage.

e. All signs may be illuminated by exterior light sources provided such lighting is shielded to protect adjacent properties and vehicular traffic. Internally lit signs are permitted only in CI/CP zones.

f. No neon, flashing or moving lights are allowed to be visible from the exterior of buildings.

g. Commercial grade materials such as plexiglas, vinyl and redwood are preferred. (1994)

h. Colors are limited to a total of three per sign/structure, with one being the background. Bright reflective colors are not allowed. White is not considered a color. (1994)

i. All signs may have a maximum of two faces with the exception of signs in the CI/CP zones.

j. Letters affixed to buildings are considered signs.

k. DELETED 1994

l. No sign shall be placed within any public right-of-way.

470:7 Temporary Signs. Temporary signs identifying an upcoming event are permitted to be displayed not more than four (4) weeks before the event and shall be remove within ten (10) days following the event. Temporary signs include but are not limited to flags, banners, portable signs, for rent, sale and yard sale signs. National, state and municipal flags are allowed.

470:8 Signs in Residential Zone. The following signs are permitted when located on the lot:

a. Home business signs no larger than five (5) square feet per face.

b. Name plates. Non-commercial signs showing property numbers, names of occupants of the premises, or other identification.

c. Property-for-sale signs. Area of each face of the sign may not exceed five (5) square feet.

d. Permanent subdivision identification signs. One ground sign per main entrance into a development with a maximum of two per development. Signs shall be set back from vehicle or pedestrian traffic and beyond the highway right-of-way. The area of each face of the sign shall not exceed twenty (20) square feet.

e. Non-residential signs. One sign identifying a non-residential use in a residential zone is permitted by Special Exception from the Board of Adjustment. The sign shall be limited to the following square area:

1) five (5) square feet per face in a conventional residential development.

2) one (1) square foot per face in a rural cluster residential development of detached single-family dwellings.

470:9 Signs in Commercial Zone & Commercial Area in Cluster Recreational Developments. Each business shall be allowed one identification sign. (1994)

a. In buildings that have more than one permitted business, the following signs are allowed when located on the lot:

1) one building identification/directory sign with a maximum height of (12) feet not to exceed fifteen (15) square feet per face.

2) individual business signs which shall not exceed ten (10) square feet with a maximum of two surfaces.

b. In buildings that have one permitted business, the following signs are allowed when located on the lot:

1) one sign not exceeding fifteen (15) square feet per face with a maximum of two faces and a maximum height of twelve (12) feet.

c. Non-residential signs. One sign identifying a non-residential use in a residential zone is permitted by Special Exception from the Board of Adjustment. The sign shall be limited to five (5) square feet.

470:10 Signs in Commercial Industrial and Commercial/Professional Zones. Every commercial park shall be allowed to have one identification sign to be located at or near the main entrance.

a. Maximum height of twenty (20) feet (15 feet if within 200 feet of a residential zone) and maximum width of eight (8) feet. No single surface can be more than one hundred and twelve (112) square feet and the total square footage is not to exceed two hundred twenty four (224) square feet, no matter how many businesses occupy the lot.

b. One identification sign per business not to exceed fifteen (15) square feet per face.

c. Permanent subdivision identification signs (see 470:8d).

470:11 Farmstand signs. Multiple signs advertising the location and items for sale are allowed on the immediate premises. Signage shall not exceed a total of fifteen (15) square feet.

Removing or reconstructing signs. Grandfathered and/or non-conforming signs. Signs that exist at the time of passage of this ordinance may remain in use in the same location. If for any reason, replacement or reconstruction becomes necessary, a sign permit shall be required. Nothing in this ordinance shall prohibit the ordinary maintenance and repair of non-conforming signs. (1994)

Relocating signs. Any sign that is moved to another location on the same or other premises shall be considered a new sign and a permit shall be secured for any work performed in connection therewith when required by this article.

470:13 Obsolete signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted, product sold, or activity or campaign being conducted shall be removed by the owner, agent, or person having the beneficial use of the building, structure, or lot upon which such sign may be found within ten (10) days after written notification from the Code Enforcement Officer. Failure to comply with such notice constitutes a violation of terms of this Ordinance. (1992)

Section 480. STORAGE OF VEHICLES

480:1 In residential areas, with the exception of farm vehicles, commercial vehicles parked on the premises must be wholly screened from the view of abutting property either by natural screening or by fencing at least equal in height to that of the vehicle itself. Commercial vehicles in excess of 20,000 pounds gross vehicle weight are not permitted to be routinely parked in Residential Districts. (1999)

Section 490. REDUCTION OF FRONTAGE REQUIREMENTS

490:1 The Board of Adjustment may reduce frontage requirements by no more than 33 and 1/3% where street layouts and lot shapes may lend greater usage of the property under consideration, provided, however, that at the building line, a distance of the required frontage is being met. This means in an RR-3, 250' between lot lines; in an RR-2, 200' between lot lines; and in a TR-2 area, 200' between lot lines. (1982)

ARTICLE V: ZONING DISTRICT REGULATIONS

Section 500. ZONING DISTRICT OBJECTIVES AND GUIDELINES

500:0 The purpose and the designation of each of the districts listed in this Article follow.

500:1 (RR-3) Rural Residential-3. This area is limited to agricultural, forestry, and certain other non-intensive uses as provided for in Section 510. Low density residential and related uses are permitted in this district where it is not inconsistent with the comprehensive Master Plan for the town. The purposes of this lot density designation are to prevent premature development of land, to retain certain areas for non-intensive uses, to protect the public health, and to prevent development which would be a burden on town services.

500:2 (RR-2) Rural Residential-2. This area is limited to agricultural, forestry, and low density residential uses. Other related uses as provided for in Section 520 are permitted and must be consistent with the comprehensive Master Plan. These areas designated for Rural Residential-2 allow for development, but require adequate lots in order to minimize community services, protect the public health, and prevent premature development beyond the capability of soil conditions with moderate to severe limitations.

500:3 (TR-2) Town Residential-2. This is the prime residential area in town and is designated in land areas where soil limitations are less severe and accessibility to community services such as police, fire station, and schools are more readily available. Residential and other compatible and complementary uses as provided for in Section 530 are permitted in this district and detailed densities are dependent upon land suitability. This district is intended to have the majority of the community's permanent residents in the area, densities consistent with soil conditions, and lot sizes which protect the public health, provide ample open space, and maintain the present rural nature of the town.

500:4 (C) Commercial. This is a district designated in the town and is designed to continue the New England character of providing services and shopping opportunities to the residents of the community and to visitors. It is a district that is designated to promote the pleasant residential characteristics and shopping environment of a neighborhood.

500:5 (C-I) Commercial-Industrial. This district allows for the establishment of small-scale manufacturing opportunities along with shopping and service opportunity locations. It is an area that must take into consideration accessibility to truck and rail traffic and the availability of utilities or the lack thereof. The accommodations of present home occupations outgrowing present quarters are the purpose of creating and locating this district. Facilities need to be in harmony with abutting districts which may contain residential uses. To accomplish this harmony, all material or products outside of the building must be suitably screened from streets and residential abutters. (1999)

500:6 (C-P) Commercial-Professional. This district provides for commercial-professional development and would serve as a transition zone between the commercially/industrially zoned area and any residentially zoned area. The district is intended to accommodate the outgrowth of present home businesses and to establish an area necessary to support the existing need for low impact services.

500:7 (TC) Town Center. This district is created to provide a community center for the townspeople of Atkinson while observing and retaining the historic qualities which now exist in the area. Provision for professional services and public government and civic services is a major objective in this district designation.

500:8 (HD) Historic District. District dissolved - Ballot 6/13/92

 

Section 505. SCENIC VISTA AND PRONOUNCED LANDSCAPE REGULATION (1998)

505:1 Areas designated in the 1980 Master Plan as scenic vistas and pronounced landscapes (see Scenic & Cultural Map, page 32 of the 1980 Master Plan) are needed to maintain the rural character of the community. The following Sections are aimed at preserving these valuable assets.

505:2 Preservation of scenic vistas and pronounced landscapes in residentially zoned districts is encouraged by allowing an increase in the density of allowable units provided, however, that sufficient information has been provided to the Planning Board during subdivision review to document the adequate protection of the vista or pronounced landscape. (See Section 600:6c)

Section 510. Permitted Uses

ARTICLE VI: RURAL CLUSTER RESIDENTIAL DEVELOPMENT

600:1 Permitted Uses

a. Townhouse developments in a cluster concept with 2, 3 or 4 units per building are permitted in any district except the commercial, commercial professional and commercial-industrial district within the Town of Atkinson and may be exempt from the provisions of Lot and Yard Regulations Minimum Required, but subject to the conditions which follow.

b. Single Family residential cluster subdivisions that permit dwelling unites to be grouped on lots or sites with dimensions, frontages and setbacks as defined in Section 600:8 b. and reduced from conventional requirements or on land under condominium ownership shall be permitted in any district except the commercial, commercial professional and commercial-industrial district within the Town of Atkinson and may be exempt from the provisions of Lot and Yard Regulations Minimum Required, but subject to the conditions which follow. Amended 3/13/2001

600:2 The purposes of rural cluster development and to which purposes any such development must adhere, to the following:

a. To preserve the natural beauty of existing rural roads within the Town of Atkinson and to encourage less intensive residential development within areas not presently served by existing public water and sewer services.

b. To establish living areas within the Town that provide for a balance of community needs, such as a diversity of housing opportunities, adequate recreation and open space areas, easy accessibility to those and other community facilities, and pedestrian and vehicular safety.

c. To provide for an efficient use of land, streets, and utility systems.

d. To stimulate new approaches to land and community development.

600:3 Rural cluster development shall be permitted in any district in which conventional residential development is permitted except in those areas where existing public and/or common water and sewer systems cannot provide adequate services to additional housing development. In such a case, rural cluster development shall be prohibited until such systems are improved, modified, or expanded to properly serve additional housing development.

600:4 Manufactured housing may be permitted in a rural cluster development designed exclusively for such housing in any residential district, provided such housing meets all other requirements of this ordinance. Manufactured housing parks may be permitted in a rural cluster development in an RR-3 and TR-2 district provided such housing meets all other requirements of this ordinance.

600:5 The tract of single or consolidated ownership at the time of application shall be:

a. distant from the existing town road as follows:

1) the location of three and four Unit Townhouse structures shall be 300' distance from existing town roads.

2) single family detached and two family structures shall be 200' distance from existing town roads. (1993)

b. subject to approval by the Planning Board under the Planning Enabling Legislation -- Regulation of Subdivision of Land -- whether or not land is to be subdivided.

600:6 The maximum number of dwellings permitted in any rural cluster development shall be determined by utilizing the required density of land area per dwelling unit for that district. (1992)

a. In addition, each rural cluster development shall be entitled to one additional dwelling unit for every 100 feet in depth added to the required landscaped buffer described in Section Z600:11 below. Such entitlement shall be based on a formula of 1 dwelling unit bonus/10 acre area. This does not apply to low-moderate developments.

b. For the purpose of this section the maximum buildable area to be used in determining the maximum number of dwelling units permitted shall exclude all wetland soils, all lands with slopes greater than 25% and all proposed roads. (1993).

c. Cluster subdivisions which are specifically designed to preserve scenic vistas and pronounced landscapes (as designated in the Towns Master Plan) by not disturbing them, shall be entitled to compute the number of allowed units utilizing soil based lot sizing as defined by Model Subdivision Regulations for Soil-Based Lot Size, Volume II, June 1991, as prepared by the Ad Hoc Committee for soil based lot size regulation. Preservation of said vistas and landscapes is to be accomplished by not allowing them to be built upon nor obstructed in view through protective or conservation easements. This does not apply to low-moderate developments, where the low-moderate incentive is utilized. (See Section 505:2) (1998)

600:7 Development Density

a. Townhouse developments shall not exceed eight (8) dwelling units per any single acre within the area being developed.

b. Single family cluster developments shall not exceed four (4) dwelling units per any single acre within the area being developed. (2001)

600:8 Dimensional Requirement

a. Rural cluster development shall not be required to conform to the minimum frontage, setback, and lot sizes required in the zoning ordinance, but shall be so designed and constructed as to achieve the purposes of rural cluster development set forth in these regulations.

b. All dwellings within a single family residential cluster development shall conform to no less than the minimum dimensional requirements specified herein:

a. Lot Frontage 25'

b. Lot Depth 125'

c. Front Yard 30'

d. Rear Yard 50'

e. Side Yard 15'*

* if the sprinkler system requirement is waived for a subdivision, 25' side yards shall be required throughout the development. (2001)

600:9 The following uses shall be permitted:

a. development of one-family structures on parcels of 10 acres or more;

b. development of one- and/or two-family structures on parcels of 20 acres or more;

c. development of one-family, two-family, and/or three and four-unit town-house dwellings on parcels of 30 acres or more;

d. incidental private recreational uses.

 

600:10 The development may be served by common water and septic systems, the design and construction of which must be approved by the state and local

authorities.

600:11 Buffers Requirements:

a. A multi-family townhouse cluster development shall have a one hundred (100) foot landscaped buffer around the entire parcel and along existing town roads to provide an adequate division of transition from abutting land uses and existing town roads.

b. Single family residential cluster shall be subject to the following landscaped buffer requirement:

Fee simple lot ownership subdivision .............50'

Condominium ownership ...........................100'

The landscaped buffer shall extend around the perimeter of the entire parcel and along existing town roads to provide adequate transition between abutting land uses. Wherever possible, natural vegetation shall be retained. No construction, excepting primary access roads shall be permitted in the buffer. Septic systems, parking areas, and service roads shall be excluded from the landscaped buffer. No portion of the buffer area shall encroach onto any lot defined for construction of a dwelling within the single-family residential cluster development.

(2001)

600:12 All parking within a rural cluster development shall be provided at a rate of not less than two (2) spaces per single dwelling unit.

600:13 Emergency vehicle access shall be provided to all structures within the rural cluster development.

600:14 At least fifty percent (50%) of the total area, exclusive of roads, public or private, parking, and essential services, shall be set aside as common land covenanted to be maintained as "permanent open space." (1990)

600:15 Such common land shall be restricted to open space recreational uses such as tot lot, park, swimming pool, tennis courts, playground, playfield, golf course, or conservation.

600:16 Such common land shall have suitable access to a road only within the development.

600:17 Open space, common areas, common facilities, private roadways, and other features within the rural cluster development shall be protected by covenants running with the land and shall be conveyed by the property owners to a homeowners association so as to guarantee the following:

a. The continued use of land for the intended purposes.

b. Continuity of proper maintenance for those portions of the development requiring maintenance.

c. The availability of funds required for such maintenance. Recovery for loss sustained as a result of casualty, condemnation or otherwise.

d. A homeowners association of tenancy-in-common or similar form of ownership, that the membership and obligation of the residents of the rural cluster development be automatic upon conveyance of title or lease to single dwelling units. Homeowners association, tenancy-in-common, or similar form of ownership shall include lien provisions and shall be subject to review and approval by the Planning Board.

e. The usage of all Open Space associated with a Cluster shall remain under the direction and control of the Homeowners of that Cluster so that the homeowners access and usage of the land is protected. Said access and usage shall also be protected by the developer during the developer’s stewardship of the Open Space, until such time as it is transferred to the Homeowners’s Association. (2002)

600:18 The rural cluster development plan shall show the layout of all streets and roads.

a. All streets and roads shall be built to Town Subdivision requirements for new public roads whether or not they are offered to the Town for public acceptance.

b. Town road requirements may be modified by the Planning Board for roads where deemed applicable. All roads shall be built as hard surface roads to standards approved by the Planning Board and the Road Agent and may remain in private ownership.

600:19 A site plan for the entire tract at a scale of 1"=100' and the developed portion at 1"-50' shall be prepared by either a professional land planner, registered architect, registered professional engineer, or registered land surveyor. The site plan shall be submitted in accordance with the subdivision regulations for the Town of Atkinson, and the location of parks and open space shall be shown on the plan.

600:20 The review of any rural cluster development conducted by the Planning Board under these regulations shall ascertain that adequate provisions have been made by the owner or his authorized agent for the following:

a. Traffic circulation and access including adequacy of adjacent streets, entrances and exits, traffic flow, sight distances, curb

cuts, turning lanes, and existing or recommended traffic signalization.

b. Pedestrian safety and access.

c. Off-street parking and loading.

d. Emergency vehicle access.

e. Fire protection as it applies to the proximity of buildings to one another and to the existence of firefighting water sources.

f. Storm water drainage based upon a minimum of a ten (10) year storm frequency, utilizing on-site absorption and/or positive outfall.

g. Recreational facilities.

h. Water supply and waste water disposal approved by a civil or sanitary engineer registered in New Hampshire.

i. Environmental factors such as protection against pollution, noise, odor, and the protection of natural features.

j. Landscaping in keeping with the general character of the surrounding areas.

k. Signing and exterior lighting.

l. Submission of proposal along with abutting property owners' names and addresses shall be in accordance with the Town of Atkinson Subdivision Regulations in order to provide for timely notification to abutters of public hearing to review said parcel.

m. In addition, the Planning Board shall review the plan to assure compliance with the provisions of the standards set forth in these regulations and other town regulations and ordinances. The Planning Board shall also ascertain that the plan minimizes the encroachment of the rural cluster development upon neighborhood land uses.

600:21 A performance bond and other legal data shall be submitted as required by the Planning Board to ensure the completion of streets, buffers, and amenities in accordance with the accepted plans and subdivision regulations of the Town of Atkinson as adopted or hereafter.

600:22 Amendments to an approved plan. The owner, his agent or his successors or assigns will make no alterations or additions or deletions from the approved Rural Cluster Development Plan except as approved in advance by the Planning Board. All requests for changes to the approved plan shall be made in writing to the Board and shall be accompanied by such documents as the Planning Board shall deem necessary to explain the requested change. The Board shall determine if the requested change is minor or major in nature.

a. Minor changes. A minor change shall be one which respects the approved plan's basic land allocations in terms of use and intensity, the type and variety of facilities and dwelling units being approved, and/or the timing for providing these facilities, but shall not include any increase in the overall density of the development. The Board may hold a public hearing on the proposed change with proper notification to all abutters, including those of the original proposed development as well as any additional ones which may have been created by development activity within the development itself. The Board shall then act to approve or disapprove with written notification to the owner of its action. Any approved changes involving changes in any lot boundaries shall be recorded as a subdivision change in the Registry of Deeds.

b. Major changes. Any requested change which the Board determines does not qualify as a minor change shall be required to be submitted as a separate rural cluster development plan in accordance with these regulations and procedures.

600:23 The Planning Board shall adopt such procedures as part of the sub-division regulations as it may deem necessary in order to insure sufficient public review of any cluster proposal and to insure compliance with these and other town ordinances and regulations. (1982)

610:1 Purpose Statement

a. This section is adopted to provide a realistic opportunity for low-moderate income individuals and families to obtain housing in the Town of Atkinson.

610:2 Qualification for Higher Density

a. A proposed development must meet the following prerequisites in order to apply the incentive provisions of Section 610:3:

1) At least 20% of the total dwelling units within the parcel must be dedicated to low-moderate income dwellings. (1992)

2) The development must be eligible for review as a Rural Cluster Residential Development as provided in Article VI, Section 600.

3) The low moderate dwelling units must be approvable to conform to federal guidelines pertaining to federally funded housing for low/ moderate income housing. (1997)

4) Low/Moderate housing shall be limited to Multi-family Townhouses. (2001)

 

 

610:3 Incentive System

a. The maximum number of living units permitted shall be determined by the Model Subdivision Regulations Incorporating Soil-Based Lot Size Determination; as recorded in Model Subdivision Regulations for Soil-based Lot Size, Volume II, June 1991 prepared by `Ad Hoc

Committee for Soil Based Size Regulations' for N.H. Department of Environmental Services and Homebuilders Association of N.H. based on Environmental planning for on site wastewater treatment in New Hampshire, Technical Report, Volume I, June 1991 and amendments if adopted after one public hearing.

b. Developments qualifying for consideration under Section 610:2 shall be granted the following modifications in design specifications:

1) the requirement under 600:5-a(1) of 300 feet distance from town road for 3 & 4 unit townhouse structures shall be reduced to 200 feet.

2) the parcel size of 20 and 30 acres for multi-family structures (600:9) shall be reduced to 10 acres

3) the requirement of 50% common land (Section 600:14) shall be reduced to 40% covenanted common land to be maintained as permanent open space. (2001)

610:4 Structural Standards

a. Units designed and designated for the accommodation of low-moderate income individuals/families shall meet the use provisions of the zoning district.

b. Manufactured housing and multi-family dwellings are an acceptable structure for low-moderate income accommodation provided the units meet local, state, and federal codes and regulations.

c. Units designated for use by low-moderate income individuals/families shall be designed to be suitable for family needs. Design considerations shall include the floor area of rooms, the relationship and number of room types, sanitary facilities, cooking facilities, siting of structures and outdoor uses, as well as access and building code provisions.

d. A determination of the number of bedrooms in low-moderate income housing structures shall be reviewed by the Planning Board prior to approval of the development. In order to assure reasonable family accommodation, the following breakdown of low-moderate income units shall be adhered to:

Bedrooms/Unit %of Total

One bedroom/unit 25% or less

Two or three bedrooms/unit 65% or more

Four or more bedrooms/unit 10% or less

The breakdown above may be varied only by requirements of a housing assistance program.

610:5 Applicable Provisions

a. All developments qualifying for review as a low-moderate i