XIII - 1
ARTICLE XIII - SPECIAL EXCEPTIONS
(Adopted March 14, 1989; Amended March 13, 2007 & March 11, 2008)
A. Where the provisions of this Ordinance allow certain exception uses in various zoning districts, the Zoning Board of Adjustment may grant or deny such uses pursuant to the standards and criteria contained herein. The Board of Adjustment shall have the power to hear and decide requests for Special Exceptions to the terms of this Ordinance, and in doing so may grant approval in appropriate cases and subject to appropriate conditions and safeguards for the protection of the public health, safety and welfare. Special Exceptions may be approved if the Board finds that:
1. The proposed use may be similar to one or more of the uses already authorized in that district and is in an appropriate location for such a use.
2. Such approval would not adversely affect the neighborhood, nor otherwise be injurious, obnoxious or offensive.
3. The use will not create excessive traffic congestion, noise, or odors in the neighborhood where it is proposed.
4. Such approval would be consistent with the intent of the Zoning Ordinance. (Amended March 11, 2008)
5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
6. If the proposed special exception is listed in Article XIII, D, then it must meet all conditions of that Article.
The Zoning Board of Adjustment cannot legally approve a special exception for a prohibited use if the ordinance does not identify that use. Furthermore, the Board of Adjustment cannot legally approve a special exception if all of the stipulated conditions cannot be met. Likewise, the Board of Adjustment cannot legally refuse to grant the special exception if the special exception is listed in the ordinance and all of the conditions are met. (Adopted March 11, 2008)
B. Upon application and in accordance with the provision of the Zoning Ordinance and rules of the Board, the Board shall determine the reasonableness and propriety in particular cases of any one of the following Special Exceptions to the zoning district regulation. The proposed use shall also conform with all the provisions for the Special Exception use in the particular zoning district in which it is to be located, and all other provisions of the Zoning Ordinance, except as prescribed in this section. In granting a Special Exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed herein, as it may deem necessary to implement the purposes of the Zoning Ordinance. The Board may authorize or deny a permit for the following Special Exception
uses as outlined in Section D below.
C. Any addition, expansion or alteration of an existing use for which a Special Exception has been granted must receive a new Special Exception if there is expansion of over 50% of the area of the existing structure, or expansion on to new land for which a Special Exception has not been granted.
D. Special Exception Uses:
1. Conversion apartments: Permitted subject to the following conditions:
a. Each dwelling unit shall have separate and complete kitchen and bathroom facilities.
b. Each dwelling unit shall have a minimum of 400 square feet of livable floor area.
c. There shall be no exterior alteration of the structure except to provide for separate entrances and changes shall be in keeping with the existing architectural style of the Building. (Amended March 9, 2004)
d. Each unit shall have a safe and proper means of ingress and egress.
e. Only the dwelling
s shall be used for conversion apartments. (Amended March 9, 2004)
g. The maximum number of units shall not exceed two (2) units in any dwelling including any attached structure. (Adopted March 13, 2001)
h. Each conversion apartment shall have separate off-street parking as provided in Article XV.
2. Elderly Housing: It is declared to be in the public interest and general welfare of the Town of Antrim to encourage the development of housing for the elderly/handicapped as defined by the regulations of the U.S. Department of Housing and Urban Development, 24 CFR231-2(1) and 24 CFR885.5, as amended.
All Elderly Housing projects must satisfy the following Special Exception conditions.
Where the regulations in this subsection differ from other sections of this Zoning Ordinance, the provisions of this subsection shall take precedence.
a. Any site proposed for elderly housing under this subsection shall be used only in conformity with the regulations of the U.S.Department of Housing and Urban Development cited in the paragraph above, and of the Farmers Home Administration of the U.S. Department of Agriculture.
b. The review of any site proposed for elderly housing shall recognize the desirability of locating such developments as close as possible to those areas of the community where support services for the elderly are usually available - services such as shopping, especially food stores, medical facilities and supplies, places of worship, public transportation, and library.
c. Any “building” in an elderly housing project shall be separated from any other “building” in that project by at least twenty (20) feet. No single-story “building” that is part of an elderly housing project shall contain more than six (6) dwelling units. No two (2) story building that is part of any elderly housing project shall contain more than four (4) dwelling units on any floor.
d. No elderly housing project shall contain more than sixty (60) dwelling units. A community building or room is not considered a dwelling unit and may be attached to, or incorporated in, a building containing dwelling units.
e. No elderly housing unit shall have a total livable floor area that is less than the minimum floor area required by the U.S. Dept. of Housing and Urban Development for elderly housing units. Note: All new elderly housing developments meet the requirements of the Americans with Disabilities Act (ADA) for handicap access.
f. All parking spaces shall be off the street right-of-way, but with direct access thereto, except that no parking spaces shall be located within the front yard setback from the street.
g. A vehicular drop-off area to a building may be permitted within the required setback or front yard area of the project to facilitate the needs of the elderly.
h. Each elderly housing project shall conform to the following density limitation requirement: not more than two persons shall reside in a dwelling unit.
i. The architectural design of buildings shall be of such character as to harmonize with the neighborhood, to accomplish a transition between areas of unlike character, to protect property values in the neighborhood and to preserve the appearance of the community.
j. The site plan and arrangement of buildings including landscaping, grading, storm drainage, sanitary sewers, outdoor illumination, vehicular access, and parking spaces shall be of such character as to harmonize with the neighborhood, to accomplish a transition between areas of unlike character, to protect property values in the neighborhood, to preserve the appearance and beauty of the community, and to avoid undue traffic congestion.
k. If a “subdivision”, as defined in the Town of Antrim Subdivision Regulations, is involved, the applicant must obtain subdivision approval from the Antrim Planning Board, provided however, that the rental of individual dwelling units is not considered a subdivision.
3. Manufactured Housing Park: No manufactured housing used for dwelling purposes shall be constructed, erected, located or relocated within the Town of Antrim unless the same shall be located within a duly-licensed manufactured housing park or approved manufactured housing subdivision in accordance with the following provisions:
a. Manufactured housing parks may be permitted under the Special Exception provisions contained herein and upon application to and approval by, the Zoning Board of Adjustment. Manufactured housing parks will be permitted only in the Rural District.
(1) Application must be made in writing and shall include a map showing the proposed location of the park, and a site plan showing the lot and street layout and describing plans for supplying adequate water, street construction, drainage and facilities for sewage disposal that will meet State requirements.
(2) If the Zoning Board of Adjustment determines that the proposed manufactured housing park is desirable and will be a general benefit to the Town, after a hearing in accordance with the ordinance adopted August 1, 1967 by the Town of Antrim, they shall approve the application and issue a permit.
(3) Any proposed manufactured housing park must meet the following requirements:
i. The park shall contain at least ten (10) acres.
ii. A minimum of ten thousand (10,000) square feet shall be provided for a single manufactured housing lot.
iii. Front, side and back yard setbacks shall be at least twenty-five (25) feet.
iv. No portion of any manufactured housing unit shall be closer than one hundred fifty (150) feet from an existing residence or the centerline of a public street.
v. All lots shall abut on a private right-of-way not less than fifty (50) feet wide. Roads shall be well drained, have a gravel or hard surface, and be maintained in good condition by the owner of the park.
vi. The owner of the park shall arrange to give the Town Clerk information showing the date of arrival, the name or the make, year, serial number, width and length of each manufactured housing unit installed and the name of the occupants and ages of minor children.
(4) Proposed manufactured housing parks shall have received approval of the State Water Supply and Pollution Control Division prior to the issuance of a variance by the Zoning Board of Adjustment.
(5) Manufactured housing units, when placed upon the land and attached to a water supply and/or sewage system, are to be considered a dwelling. Also, any addition attached to such a unit changes the mobility of such unit, so that it is considered to be a dwelling whether the wheels remain or are removed.
b. Manufactured housing subdivisions may be permitted only in the Rural and Rural Conservation districts, under the conditions specified below, and upon application to and approval by the Planning Board of a subdivision plan developed in accordance with the 1991 edition of the Antrim Subdivision and Site Plan Review Regulations as amended.
(1) Manufactured housing subdivisions shall contain a minimum of five (5) lots.
(2) Each lot in a manufactured housing subdivision shall meet the lot size, frontage, depth, setback, and yard specifications for the district in which it is located.
(3) If located in an area served by the Antrim Water and/or Sewage Treatment System, each lot in the manufactured housing subdivision shall have a connection to the respective Town systems.
(4) If not located in an area served by the Antrim Water or Sewage Treatment Systems, approval of the application will not be granted by the Planning Board until the New Hampshire Water Supply and Pollution Control Division and/or the New Hampshire Water Resources Board has certified that adequate water supply and sewage disposal systems are available to serve all proposed lots.
(5) No more than one manufactured housing unit shall be permitted on any lot in a manufactured housing subdivision.
(6) Application for manufactured housing subdivisions shall meet all the requirements of the 1991 edition of the Antrim Subdivision and Site Plan Review Regulations as amended.
(7) Plans and layouts for manufactured housing subdivision shall meet all the relevant requirements of Sections III, V and IX of the 1991 edition of the Antrim Subdivision and Site Plan Review Regulations, as amended.
(8) Construction of manufactured housing subdivisions shall be governed by Sections VII, VIII and IX of the 1991 edition of the Antrim Subdivision and Site Plan Review Regulations, as amended.
4. Recreation Vehicle Parks and Campgrounds: Recreation vehicle parks and campgrounds are allowed in accordance with all applicable regulations of the State of New Hampshire and are allowed only in the Rural District and the Rural Conservation District as a Special Exception granted by the Zoning Board of Adjustment.
Junk Yards and Automobile Graveyards: See the provisions of Article XIV, 10.
Accessory Living Units: Permitted subject to the following conditions: (Adopted
March 9, 2004; Amended March 13, 2007)
Purpose & Intent: In order to provide for non-rental housing alternatives for immediate family members or family caregivers, a single family home may contain not more than one (1) accessory living unit.
The unit shall be within or attached to the primary dwelling unit. A detached accessory living unit is allowed when located on a lot that has twice the minimum required lot size.
The unit shall be occupied as a residence by no more than two (2) persons
The dwelling unit shall have a minimum area of 400 square feet of livable floor area but shall not exceed twenty-five percent (25%) of the total floor area.
The unit shall have a separate entrance and shall have adequate egress in the case of fire or other hazard. The additional entrances shall be located to the side or the rear of the building.
Any changes to the structure shall be in keeping with the existing architectural style of the building.
The sewerage disposal system designed for the residence, either existing or as it may be modified, shall be approved by the New Hampshire Division of Water Supply and Pollution Control and must meet any other applicable regulations.
At least one (1) common interior access between the principal dwelling unit and the accessory living unit will be provided.
Separate utility service connections and/or meters for the primary dwelling unit and the accessory living unit are not permitted.
Each accessory living unit shall have separate off-street parking as provided in Article XV.
The house number for the accessory living unit shall be determined at the time of the building permit application.
If a property containing an accessory living unit is conveyed and the new owner wishes to maintain the accessory unit, the new owner shall apply for a certificate of occupancy for the dwelling unit. The purpose is to ensure that one of the two dwellings is owner occupied.
An accessory living unit is limited to one bedroom.
There shall be no occupancy of an accessory living unit until the Building Inspector has issued a certificate of occupancy.
The driveway shall be designed so as to appear as a driveway of a single-family residence and no new curb cut from the street shall be constructed.