Town of Holderness, NH - Establishment Of Districts And District Regulations Updated 3/2008

ARTICLE III. ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS

The Town of Holderness is divided into the following districts as shown on the official Zoning Map (see Appendix A):

GR - General Residential

RR - Rural Residential

CD - Commercial District

RC - River Corridor Overlay

FH - Flood Hazard (3/97)

WW - Waukewan Watershed (3/07)

The districts, as established, are shown on a map entitled "Town of Holderness Zoning Map" and become a part of this Ordinance. This map is on file with the Holderness Planning Board. (See Appendix A) Map for general reference only. Use Appendix A for specific boundaries.

C. District Boundaries

Unless otherwise indicated, zoning district boundaries, as shown on the "Town of Holderness Zoning Map", are the center lines of highways and streets, the middle of the channel of waterways or a shoreline of a water body, or the town boundary. Where boundaries are so indicated that they parallel the centerline of highways or streets, such boundaries shall be considered as parallel thereto and at the distance there from as shown on the Zoning Map. The distance shall be determined by use of the map. In any instance where there is doubt as to the location of a zoning district boundary, the Board of Adjustment shall determine the location of such boundary, consistent with the intent of this Ordinance and the Zoning Map.

1. As of 3/98 there is no longer a commercial zone West of Interstate Route 93 in the Flood Hazard area.

2. In the commercial zone abutting the Campton town line, on Route 175, the boundary on the river side of the road shall be from the road to the River Corridor Overlay. This means the commercial zone does not extend any closer than 200 feet on a level measurement from the river. On the opposite (East) side of the road the Commercial zone extends back to the rear lot line of the lot on Route 175 but in no case more than 1500 feet. All commercial traffic entering this zone must do so from Route 175. 3/98

D. Zoning District Regulations

1. General Residential (GR)

The purpose of this district is to provide for medium density development, which has good access to existing town and state roads, police, school busing and fire protection, and in keeping with the scenic, recreational and environmental values inherent in this district.

(1) Single and two-family dwellings

(2) Multi-family dwellings of up to eight (8) units in any one structure

(3) Cluster residential development

(4) General farming and agriculture

(6) Lodging, motels and rental cottages

(7) Churches, schools, municipal buildings or structures

(8) Accessory buildings or structures and uses

(9) Manufactured housing

(10) Essential Services

(11) Recreation Facility - Personal 3/95

(12) Recreation Facility - Public 3/95

(13) Cemeteries - 3/99

b. Special Exceptions

In addition, the following uses may be permitted by the Board of Adjustment provided that the land use impact on the environment and the particular site in question, and on the abutting landowners is not negative, and providing that all performance standards and other requirements under Article IV, Article VI and Article VII are met.

(2) Professional offices

(3) Small Businesses (less than 2500 sq. ft.) 3/98

(5) Banks, Restaurants

(8) Civic Recreation Uses and Public Safety Facility

(10) Recreational Campgrounds

(11) Recreational Facility - Commercial Low Impact 3/95

(12) Sand & Gravel Excavation 3/95

(13) Boat Tours/Guided Fishing Trips 3/98

(14) Multi Use Facilities/ Property 3/98

The building or structure coverage on any lot, including parking and driveway area, excluding protected well radius and septic systems, shall not exceed 35 percent of usable lot area, with the open area devoted to landscaping or natural growth.

1. The minimum lot frontage on any street shall be 150 feet. Lots may, however, have less (or no) street frontage if (1) said lots are provided access to a public road or to a road within a subdivision approved by the Planning Board by a deeded private right-of-way at least fifty (50) feet in width for a driveway serving not more than two (2) lots: (2) said lots are located on curves, cul-de-sacs, or are affected by other such factors that sound planning justifies less frontage; (3) said lots are provided access to a public road or a road within a subdivision approved by the Planning Board by a deeded private easement of at least fifty (50) feet in width. The Planning Board may, however, require a minimum lot frontage of greater than 150 feet for multiple dwelling units depending upon the number of units and individual building or structure layout and configuration.

2. When one boundary of a lot is the shore of a water body or river, the minimum water frontage shall not be less than 200 feet. Shore frontage means the distance of the actual navigable shoreline footage and a straight line drawn between property lines both of which are measured at normal high water. However, in no case shall this value be less than 25 feet. 3/02

2. Rural Residential (RR)

The primary purpose of this district is to provide for a mixture of agricultural and low-density rural living, which will protect the environmentally sensitive areas of this district, such as wetlands, poor soil conditions, and steep slopes where limitations to septic systems exist. A detailed description of these areas may be found in the most recent Holderness Master Plan.

(1) Single and two family dwellings

(2) Manufactured Housing

(3) Clustered Residential Development

(4) General Farming and Agriculture

(6) Accessory Building or Structure and Uses

(7) Essential Services

(8) Recreation Facility - Personal 3/95

(9) Recreation Facility - Public 3/95

(10) Cemeteries 3/99

b. Special Exceptions

In addition, the following uses may be permitted by the Board of Adjustment provided that the land use impact on the environment and the particular site in question and upon abutting landowners is not negative, and providing that all performance standards and other requirements under Article IV, Article VI and Article VII are met.

(1) Sand and Gravel Excavations

(3) Temporary Sawmills

(4) Animal Boarding and Grooming

(6) Greenhouses/Florists

(8) Professional Offices

(10) Recreational Campgrounds

(11) Small Business (less than 2,500 sq. ft.) 3/98

(12) Recreation Facility - Commercial Low Impact 3/95

(13) Boat Tours/Guided Fishing Trips 3/98

(14) Multi Use Facilities/Property 3/98

The building or structure coverage on any lot including parking and driveway area, excluding protected well radius and septic systems, shall not exceed 15 percent of usable lot area, with the open space area devoted to landscaping or natural growth.

1. The minimum lot frontage on any street shall be 300 feet. Lots may, however, have less (or no) street frontage if (1) said lots are provided access to a public road or to a road within a subdivision approved by the Planning Board by a deeded private right-of-way at least fifty (50) feet in width for a driveway serving not more than two (2) lots; (2) said lots are located on curves, cul-de-sacs, or are affected by other such factors that sound planning justifies less frontage; (3) said lots are provided access to a public road or a road within a subdivision approved by the Planning Board by a deeded private easement of at least fifty (50) feet in width.

2. The Planning Board may, however, require a minimum lot frontage of greater than 300 feet for multiple dwelling units depending upon the number of units and individual building or structure layout and configuration.

3. When one boundary of a lot is the shore of a water body or river, the minimum frontage shall not be less than 200 feet. Shore frontage calculations shall be based upon reasonable straight line interpretations. However, in no case shall a straight line increment be less than 25 feet.

4. As per State law regulation, the erection of buildings and other structures on islands with no

road access to the mainland, shall not be prohibited solely on the lack of frontage on a public or private road. (3-03). (3/07)

3. Commercial District (CD)

The purpose of this district is to reinforce and strengthen the Commercial area where mixed commercial development has already taken place, to provide an area for commercial establishments, tourist facilities and services, residences and public buildings or structures.

(1) Single and two-family dwellings

(2) Multi-family dwellings of up to eight (8) units in any one structure

(3) Commercial storage facilities

(4) Retail stores, sales, sales rooms and stands

(6) Professional offices, studios, bands, laundries

(7) Vehicle service stations, sales and service

(8) Lodging, motels and rental cottages

(9) Churches, municipal buildings or structures, museums, research and teaching facilities

(10) Home Occupation

(11) Accessory buildings or structures and uses

(12) Manufactured housing

(14) Combined business/Dwelling

(16) Recreation Facility - Personal (3/95)

(17) Recreation Facility - Public (3/95)

(18) Recreation Facility - Commercial (3/95)

(19) Recreation Facility - Commercial Low Impact (3/95)

(20) General Farming and Agriculture (3/97)

(21) Essential Services (3/98)

(22) Cemeteries (3/99)

b. Special Exceptions

In addition, the following uses may be permitted by the Board of Adjustment provided that the land use impact on the environment and on the particular site in question, and on the abutting landowners is not negative, and providing that all performance standards and other requirements under Article IV, Article VI and Article VII are met.

(2) Multi Use Facilities/Property (3/98)

(3) Sand & Gravel Excavation (3/95)

The building or structure coverage on any lot, including parking and driveway areas, excluding protected well radius and septic systems, shall not exceed 50 percent of usable lot area, with the open area devoted to landscaping or natural growth.

1. The minimum lot frontage on any street shall be 100 feet. Lots may, however, have less (or no) street frontage if (1) said lots are provided access to a public road or to a road within a subdivision approved by the Planning Board by a deeded private right-of-way at least fifty (50) feet in width for a driveway serving not more than two (2) lots; (2) said lots are located on curves, cul-de-sacs, or are affected by other such factors that sound planning justifies less frontage; (3) said lots are provided access to a public road or a road within a subdivision approved by the Planning Board by a deeded private easement of at least fifty (50) feet in width. The Planning Board may, however, require a minimum lot frontage of greater than 100 feet for multiple use or multiple dwelling units, depending upon the building or structure layout and configuration and the number of dwelling units involved.

2. When one boundary of a lot is the shore of a water body or a river, the minimum water frontage shall not be less than 200 feet. Shore frontage means the distance of the actual navigable shoreline footage and a straight line drawn between property lines both of which are measured at normal high water. However, in no case shall this value be less than 25 feet. (3/02)

4. River Corridor (Pemigewasset River)

The purpose of this district is to provide protection for the environmentally sensitive corridor along the Pemigewasset River and also protection for lives and property from flood waters and debris. The restrictions contained herein take precedence over permitted uses in the portion of the districts over which it lies.

The boundary of this district shall be five hundred (500) feet from the river's ordinary high water line (reference line). (3/04)

The minimum lot frontage on the Pemigewasset River shall be 200 feet for the first dwelling unit, with 20 additional feet needed for each additional dwelling unit.

(1) General Farming and Agriculture

(2) Wildlife Refuges

(4) Uses permitted in the underlying districts which can comply with the more restrictive regulations.

Within the River Corridor, said setback shall be 150 feet for any and all buildings or structures except for wells and septic systems. (horizontal distance as measured from the reference line)(3/02)

In the case of the River Corridor, the setback of said waste disposal system shall be not less than 125 feet. (horizontal distance as measured from the reference line) (3/02)

The following are prohibited:

a. The establishment or expansion of:

Solid or Hazardous Waste Facilities

b. Dumping or disposal of snow and ice collected from roadways or parking areas outside the district.

c. Use of any fertilizer, except limestone or wood ash, within 50 feet of the reference line on any property.

d. Construction on slopes which exceed fifteen (15) percent

e. Sand or gravel excavations as defined in RSA 155-E.

f. Bulk storage of chemicals, petroleum products, or hazardous materials.

Where existing, a natural woodland buffer shall be maintained within 150 feet reference line. The purpose of this buffer shall be to protect the quality of public waters by minimizing erosion, preventing siltation and turgidity, stabilizing soils, preventing excess nutrients and chemical pollution, maintaining natural water temperatures, maintaining a healthy tree canopy and under story, preserving fish and wildlife habitat and protecting the overall conditions of the protected shoreland.

Within the natural woodland buffer of the protected shoreland the following shall apply:

a. No more than a maximum of 50 percent of the basal area of trees, and 50 percent of the number of saplings shall be removed for any purpose within a 15 year period. A healthy, well distributed stand of trees, saplings, shrubs and ground covers and their living undamaged root systems shall be left in place. Replacement plantings with native or naturalized species may be permitted to maintain the 50 percent.

b. Dead, diseased, unsafe, noxious or fallen trees, saplings, shrubs or ground covers may be removed. Their removal shall not be used in computing the 50 percent limitations. Dead and living trees that provide dens and nesting places for wildlife are encouraged to be preserved.

c. Stumps and their root systems which are located within the 50 feet of the public boundary line shall be left intact in the ground unless their removal is specifically permitted by Planning Board.

d. Plantings of vegetation that are beneficial to wildlife are encouraged to be undertaken.

5. Flood Hazard District (Special District) (FHD) (3/97)

This District is intended to assure that development within the designated flood hazard area shall occur in such a manner as to minimize the danger to life and property from flooding and to minimize the potential for future flooding. It is also to prevent damage to associated, contiguous or intersecting waterways and wetlands.

a. District Boundaries

The limits of the Flood Hazard District are hereby determined to be all lands west of Interstate 93.

b. Relations to Districts

Where the Flood Hazard District is superimposed over another zoning district, the more restrictive regulations shall apply.

The following open space uses shall be permitted within the Flood Hazard District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill or storage of materials or equipment. In addition, no use shall adversely affect the efficiency or unduly restrict the capacity of the channels or flood ways of any tributary to main stream, drainage ditch, or any other drainage facility or system.

1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, sod farming and wild crop harvesting, so long as the use of fertilizers and pesticides is curtailed.

2. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, hunting and fishing areas, biking, hiking and horseback riding trails, snowmobiling and cross-country skiing.

3. Accessory uses such as lawns, gardens, parking areas, and play areas.

d. Special Exceptions in the Flood Hazard District

In addition to the standard procedure in this ordinance special exceptions are allowed only if they comply with the provisions of this special district, other standards established in this ordinance, and any special conditions attached by the Board of Adjustment to the issuance of any Special Exception permit.

1. Special Exceptions which may be permitted are:

a. Uses or structures accessory to permitted or special exception uses.

b. Fairgrounds and similar transient amusement enterprises.

c. Railroads, streets, bridges, utility lines, and pipelines.

2. Any fill or materials proposed to be deposited in the Flood Hazard District will be allowed only upon the issuance of a Special Exception and a permit from the appropriate State and or Federal Agencies. The fill or materials must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve the purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the fill or other materials.

a. Such fill of other materials shall be protected against erosion by rip-rap, vegetative cover, or bulk heading.

3. Structures (temporary or permanent) accessory to Special Exception granted in this section shall be regulated as follows:

a. No structure shall be designed for human habitation.

b. All structures shall have low flood damage potential.

c. Any structure herein permitted shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters and that will minimize flood damage.

1. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and

2. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

d. Structures shall be firmly anchored to prevent floatation, collapse or lateral movement of the structure, or the structure may be on wheels and towable so as to be moved on a very short notice. If a structure with wheels is permitted the structure must be taken off the property from the first of November of each year and may not be placed back in the Flood Hazard District until the first of May.

e. Construction materials and utility equipment that are resistant to flood damage shall be used.

f. Service facilities such as electrical and heating equipment shall ordinarily be constructed above the regulatory flood protection elevation for this district.

1. Lot Size: The minimum lot area for any lot in districts GR, RR, CD, and FH shall be at least one (1) acre or larger and two (2) acres or larger in the RC district, depending on soil and slope conditions as determined in the Holderness Subdivision Regulations or as otherwise established in this Ordinance. 3/98

2. One single family dwelling unit may be erected on each lot, with a minimum land area of one (1) acre; two (2) acres for a two-family dwelling unit and an additional 20,000 square feet for each additional dwelling unit over two. There must be at least 10,000 square feet of green space not including roads, septic areas and parking areas for every dwelling unit over two. (3-04)

3. Land under a street, public or private, may not be used in calculating lot area for any requirements

in this ordinance. (3-03).