Town of Antrim, NH - Article XIV - Supplemental Regulations

ARTICLE XIV - SUPPLEMENTAL REGULATIONS

(Adopted March 14, 1989; Amended March 13, 2007 & March 11, 2008)

The provisions of this Zoning Ordinance shall be subject to such exceptions, additions or modifications as herein provided by the following Supplemental Regulations. Note: These regulations may not be in alphabetical order.

A. Additional Dwellings

1. Residential uses: Individual lots or parcels shall have no building or buildings in addition to the principal building on the same lot used for living purposes except in the case of multi-family or cluster developments where more than one dwelling may be permitted on a lot.

2. Nonresidential uses: Where a lot or tract is used for a non-residential purpose, more than one principal building may be located upon the lot or tract but only when such buildings conform to all open space and yard requirements for the district in which the lot or tract is located.

B. Cellar Dwellings: No dwelling unit shall be placed in a cellar.

C. Clear Sight Triangle: A clear sight triangle shall be a triangular area of unobstructed vision on corner lots formed by a one hundred (100) foot sight line along the centerline of a secondary or primary road, by a twenty-five (25) foot sight line from the right-of-way along the centerline of a local street and by a line joining these two sight lines at the greatest distance from their intersection. In order to prevent the creation of a traffic hazard by limiting visibility, no structure, building, earthen bank or planting shall be allowed within this area that obstructs vision as defined above.

D. Accessory Buildings: No accessory building shall be used for residential purposes.

E. Essential Services: Essential services as defined in the Ordinance shall be permitted in all districts, subject to restrictions recommended by the Planning Board and approved by the Zoning Board of Adjustment with respect to use, design, yard area, setback and height.

F. Fences or Hedges: Subject to the following conditions, fences may be erected along boundaries of a lot:

1. Fences, hedges, or other plantings, structures or walls at street corners shall not be located so as to interfere with the clear sight triangle on corner lots. The height of such objects is restricted to three (3) feet within the clear sight triangle above the centerline of the adjacent road surface.

2. In all districts, fences may be erected to a height not exceeding six (6) feet.

3. Walls and fences shall be exempt from side and rear yard requirements noted in the previous Zoning Districts. In existing developments, walls and fences shall not be placed closer than one (1) foot from the adjacent property line. However, upon the submission of properly executed joint maintenance easement agreements between adjacent property owners, walls and fences may be placed on the property line. Such agreements shall be reviewed and approved by the Board of Selectmen or the Zoning Officer. In the case of new subdivisions or land developments where walls and/or fences are contemplated or proposed as part of the architectural design (to serve as privacy screens and/or decorative separations between properties), a five (5) foot maintenance easement shall be required on either side of the wall or fence.

G. General Storage: No lot or premise shall be used as a storage area for junk automobiles, appliances or the storage or collection of any other miscellaneous items. Also, no lot or premise shall be used as a garbage dump or a dead animal rendering plant nor may any manure, rubbish or miscellaneous refuse be stored in the open within any District where the same may be construed as a menace to the public health or safety.

H. Height Regulation Exceptions

1. Public, semipublic or public service buildings, hospitals, public institutions, schools, churches or temples, when permitted in a district, may be erected to a height not exceeding fifty (50) feet, if the building is set back from each yard line at least one (1) foot for each additional two (2) feet of building height above the height limit otherwise specified in the district in which the building is located.

2. Special industrial structures such as cooling towers, elevator bulkheads, fire towers, tanks and water towers that require a greater height than allowed in the district may be erected provided:

a. The structure shall not occupy more than twenty five (25) percent of the lot area.

b. The yard requirements of the district in which the structure is erected shall be increased by one (1) foot for each foot of height over the maximum height permitted.

3. The height limitations of this Zoning Ordinance shall not apply to flagpoles, church spires, belfries, chimneys or antennas.

I. Junk Yards: All junk yards, automobile graveyards, etc. as defined in this Ordinance and established after the effective date of this Ordinance, shall comply with provisions of RSA 236 sections 90-129 as amended. They shall also comply with the following provisions and other applicable Town or State regulations. Where there is a conflict between regulations, the more restrictive regulation(s) shall apply.

1. Locational requirements for the aforementioned facilities shall comply with the requirements of RSA 236:96 and RSA 236:118 as amended and other applicable setback requirements for the district in which the facility is located.

2. No material shall be placed in any establishment in such a manner that is capable of being transferred off the premises by wind, water or other natural causes.

3. No material shall be placed or stored within the required front, side, or rear yard setback area. All yard setback areas shall at all times be clean, vacant and well maintained. All unpaved yard setback areas shall be covered with grass or similar vegetative material.

4. All paper, cloth, rags and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.

5. No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall be attended and controlled at all times.

6. All junk yards shall be maintained in such a manner as to not create a public or private nuisance, nor cause any offensive or noxious sounds or odors, nor cause the breeding or harboring of rats, flies or other vectors.

7. The establishment shall at all times be maintained in such as manner as to prevent (1) any menace to public health and safety, (2) offensive or obnoxious odors, (3) the breeding, harboring or infecting of rats and other rodents and vermin, and (4) violation of any health or sanitary law, ordinance or regulation of the Town of Antrim or the State of New Hampshire.

8. No burning shall be permitted on the premises except in suitable containers. Fire hazards shall be minimized by the segregation of combustible from noncombustible materials and the provision of adequate aisles for access for fire fighting equipment.

9. The storage of material shall not exceed ten (10) feet in height.

10. The manner of storage and arrangement of junk and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water.

11. Every structure erected upon the lot after the effective date of this Ordinance shall be of fireproof construction.

J. Patios: A patio, as defined in Article III, constructed at “grade level” and with no roof or walls, may extend into any required yard space. However, at any point in the future, only that portion of the patio that is within the required building setback lines may be enclosed by applying for a building permit. (Amended March 11, 2008)

K. Private Swimming Pools: Private swimming pools, including above-ground and in-ground pools, shall comply with the following conditions and requirements:

1. The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.

2. It may be located only in the rear yard or side yard of the property on which it is an accessory use.

3. The pool, including any above-ground decking, shall be within the setback lines for the zoning district in which the pool is located. (Adopted March 13, 2007)

4. The swimming pool area or the entire property on which it is located shall be so walled or fenced or otherwise protected as to prevent uncontrolled access by children from the street or from adjacent properties. Said barrier shall not be less than four (4) feet but not more than six (6) feet in height and maintained in good condition. When a fence is used, it shall not have any openings greater than two (2) inches in width, except for necessary gates; and when fence is formed of metal or wire, such metal or wire shall not be less than number six (6) gauge.

L. Recreational Vehicles and Recreational Equipment: Trailers as defined within the terms of this Zoning Ordinance and including travel trailers, pickup campers or coaches, motorized homes, boat trailers and other recreational equipment may be parked or stored subject to the following requirements:

1. Major recreational equipment as defined for purposes of these regulations, includes travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers and the like, and cases or boxes used for transporting recreational equipment whether occupied by such equipment or not.

2. Occupancy: No such units shall be used for living, sleeping or housekeeping purposes except under the following conditions:

Travel trailers, pickup campers or coaches, motorized dwellings and tent trailers may be temporarily parked and occupied for sleeping and living purposes in areas other than designated recreation vehicle parks or campgrounds but only in accordance with the following provisions:

a. The temporary parking and occupancy shall not exceed twenty—one (21) days.

b. Such units shall be parked on adequate off-street parking areas.

c. Such units may be parked and occupied as temporary housing on the same lot where a dwelling is being constructed provided:

(1) The unit will only be occupied six (6) months from issuance of a building permit unless extended by the Board of Selectmen, regardless of (2)(a). below.

(2) Sanitary (domestic) sewage will be disposed of by using one of the following methods:

(a) The unit will be connected to the Town sewer system.

(b) The unit will be connected to a State-approved septic system.

(d) The unit will have its own self-contained sanitary system and formal provisions will be made to have the sewage disposed at the Antrim Sewage Treatment Plant.

3. Permanent Parking and Storage of Camping and Recreational Equipment: Permanent storage of such equipment shall be permitted in any Zoning District provided parking of the unit conforms with all applicable yard setback requirements of the Zoning District.

4. Spacing: Major recreational equipment six (6) feet or more in average height above the ground shall be governed as to spacing with respect to buildings on the lot as though it were a building.

5. Lot Coverage: Major recreational equipment six (6) feet or more in average height shall be included on the same basis as buildings for regulation of lot coverage by all buildings with area covered computed on the basis of the largest horizontal area covered by such equipment.

6. Derelicts: No major recreational equipment shall be stored outdoors on a residential premises unless it is in condition for safe and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the equipment in its existing state. In no case shall any such equipment be so stored for a period of more than six (6) months if not in condition for safe and efficient performance of the function for which it is intended.

M. Temporary Uses: The following uses are permitted temporarily (from a period of one (1) to four (4) weeks in one calendar year, except as provided in 4. below). A permit is required from the Board of Selectmen or Zoning Officer (see Article XVIII, D.).

1. Christmas tree sales in the Highway and Village Business Districts.

2. Carnivals, circuses and street fairs in Highway and Village Business or the Rural Districts.

3. Mobile amusement and lighting equipment for promotion, advertisement and grand openings in Highway and Village Business Districts.

4. A manufactured housing unit may be used as a construction trailer or a temporary dwelling following a fire and/or other disaster or during construction of permanent housing subject to the following conditions:

a. The unit is temporarily installed on the same premises as the damaged residence.

b. The unit is connected to the Town sewer system, or the existing and functioning State-approved septic system.

c. A permit for temporary occupancy is secured from the Board of Selectmen or Zoning Officer.

d. The temporary occupancy shall not exceed nine (9) months.

e. The manufactured housing must be removed after the approved period of occupancy.

N. Yard Requirements

1. All yards required under this Zoning Ordinance shall be unobstructed by any building or structure in excess of twenty-four (24) square feet, except for accessory buildings in the rear and side yards and fences.

2. The following structures may project into the required yards as established in this Zoning Ordinance:

a. Steps, stoops and handicapped access ramps.

b. Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers and the ordinary projection of chimneys and flues into the rear or side yard not exceeding three and one-half (3 1/2) feet in width and placed so as not to obstruct light and ventilation.

c. Sills, eaves, belt courses, cornices and ornamental features not exceeding two (2) feet in width.

3. The front yard requirements heretofore established shall be adjusted in the Village Business District and Residential District in the following cases: (Amended March 11, 2008)

a. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front cornices of the adjacent structures on the two (2) sides.

b. When a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

4. Irregular Lots: Where any main wall of a structure located on any irregularly shaped lot does not parallel the lot line which the wall faces, the yard or minimum distance to the lot line at every point shall be at least equal to the minimum dimension required for the yard or distance to the lot line.

O. Home Occupations: (Amended March 11, 2008)

1. Conducted solely by resident members of the immediate family and one non-resident employee.

2. Clearly secondary to the use of the dwelling for dwelling purposes.

3. Not change the residential character of the dwelling in any visible manner.

4. Not create objectionable noise, odor, vibration, smoke, dust, heat, glare, or unsightly conditions noticeable off the premises.

5. Not create electronic interference.

6. Not create a health or safety hazard.

7. Not show any exterior evidence of a home occupation except for signs as permitted in this ordinance.

8. Provide off-street parking facilities for any employees and visitors, as provided in Article XV.

P. Ruins: No owner or occupant of land in any district shall permit fire or other ruins to be left, but shall remove and/or fill same to ground level within six (6) months after the event that caused such ruins.

Q. Light Manufacturing: (Adopted March 13, 1990) An establishment engaged in manufacturing, assembly, compounding, processing/packaging, treatment or distribution of projects including primary product production from raw materials, or production of services, but excluding establishments which produce or emit toxic or noxious gases, odors or fumes, excessive noise, vibration or electrical interference, or similar substances or conditions onto adjacent or other properties.

1. All manufacturing must be carried on within the primary building(s) if located in the Village Business District.

2. No less than one (1) parking space per employee shall be provided.

R. Back Lots: (Adopted March 10, 1992 & Amended March 11, 2008) One back lot shall be allowed for each front lot with the following provisions.

1. The front lot shall: Meet all the requirements for the district in which it is located.

2. The back lot shall:

a. Have a minimum lot size of not less than three (3) times the required lot size for the district in which it is located.

b. Have a minimum frontage of fifty (50) feet which shall serve as access right-of-way owned in fee simple by the owner of the back lot. The area of the right-of-way shall be included in the size of the back lot.

c. Meet all the other yard requirements of the district in which it is located. In the back lot, the front yard setback will be measured from the property line closest to the nearest street right-of-way line.

3. Creation of back lots will require normal subdivision approval.

4. The further subdivision of back lots after their establishment will require additional subdivision approval from the Planning Board.

S. Recreation Facilities

Such facilities shall not include activities that create excessive noise or disturbance in the neighborhood.

2. One permanent caretaker residence is allowed per facility.

3. Public or non-commercial facilities may charge user or membership fees to cover the cost of operation.

T. Farm Employee Housing: Additional housing shall be permitted without subdivision of the land providing:

It is used strictly for farm employees,

It complies with all building and all other zoning requirements,

If and when the farming operation ceases,

a. The building shall be removed, or

b. The land shall be subdivided in accordance with the requirements in effect when the building permit was issued.

U. Manufactured Housing Units

Manufactured Housing Units located on individual lots require a permanent foundation approved by the Zoning Officer (Adopted March 13, 2001)

Skirting of Manufactured Housing Units may be required at the discretion of the Zoning Officer (Adopted March 13, 2001)

Standards of construction for Manufactured Housing Units must meet current HUD Code requirements (Adopted March 13, 2001)

V. Duplex Housing (Adopted March 9, 2004, Amended March 13, 2007)

Each duplex shall be served by a single curb cut only.

The units shall be separated by a firewall per the BOCA Building Code.

Each unit must have separate and independent heating/cooling and electrical systems.

There shall be no interior egress between units.

W. Multifamily Dwellings

Multifamily dwellings shall only be permitted on property served by municipal water and sewer. (Adopted March 10, 2005)