ADOPTED MARCH 1968
AMENDED MARCH 2000
AMENDED MARCH 2004
AMENDED MARCH 2006
AMENDED MARCH 2007
TABLE OF CONTENTS
ARTICLE I Preamble Page 3
ARTICLE II Precincts Page 3
ARTICLE III Purpose Page 3
ARTICLE IV General Provisions Page 4
ARTICLE V Residential Districts A and B Page 7
ARTICLE VI Commercial District Page 9
ARTICLE VII Industrial District Page 11
ARTICLE VIII Rural/Agricultural District Page 12
ARTICLE IX Timberland District Page 14
ARTICLE IX-1 Retirement Overlay District Page 15
ARTICLE X Non-Conforming Uses Page 21
ARTICLE XI Board of Adjustment Page 21
ARTICLE XII Administration and Enforcement Page 22
ARTICLE XIII Amendments Page 22
ARTICLE XIV Penalty Page 22
ARTICLE XV Saving Clause Page 23
ARTICLE XVI Effective Date Page 23
ARTICLE XVII Definitions Page 23
ARTICLE XVIII Floodplain District Page 24
APPENDIX A Zoning Maps
In pursuance of authority conferred by the New Hampshire Revised Statutes Annotated 1955, as amended, and for the purpose of promoting the health, safety and general welfare, as well as efficiency and economy in the process of development of the incorporated Town of Walpole, New Hampshire, by providing adequate areas between buildings and various rights of way, by the adequate provision of public utilities and other public requirements, and by other means, now therefore, the following ordinance is hereby enacted by the voters of the Town of Walpole, New Hampshire.
The principal purpose of this ordinance shall be as described in the Title LXIV, Chapter 674 of the Local Land Use Planning and Regulatory Powers to fulfill the goals and objectives as set forth in the Town Master Plan, and as described in the Site Plan Review Regulations, namely:
1) To preserve the scenic elements of the natural environment
2) To promote a balanced growth.
3) To guide the character of development.
4) To protect the historic nature, the economic and aesthetic interests of the entire Town.
5) To provide aesthetically pleasing and compatible design of building and facilities with as
much open natural or landscaped areas as possible.
The North Walpole Village Precinct has been excluded from this Zoning Ordinance for the reason that a zoning ordinance for said precinct was duly enacted in the year 1950 and said zoning ordinance continues to be in effect at the will of the precinct.
For the purpose of this
ordinance, the Town of
A. Residential District
B. Commercial District
C. Industrial District
D. Rural-Agricultural District
E. Timberlands District
F. Retirement Overlay District
G. Flood Plain District - The Flood Plain District is herein established as an overlay district. The underlying permitted uses shall be allowed only by Special Exception provided they meet the additional requirements set forth in Article XVIII.
A. Fire Ruins:
No owner or occupant of land in any district shall permit fire ruins or other ruins to be left, but within one year shall remove them or refill same to clear ground level.
Any use that may be obnoxious or injurious by reason of production of or emission of odor, dust, smoke, refuse matter including toxic or radioactive waste, fumes, noise, vibrations, or similar conditions or that are dangerous to the comfort, peace, health or safety of the community is prohibited.
C. Waste Waters or Sewage:
No waste waters or sewage shall be permitted to run free or be discharged in any way that may be offensive or detrimental to the health of others. All such wastes shall be conveyed away through the use of an accepted sanitary system. The sanitary systems in and from all dwellings and other buildings shall be constructed and maintained in accordance with the standards set and enforced by the NH Department of Health and the NH Water Pollution Committee.
a. A SIGN is defined as a structure, building wall, or other outdoor surface or any device used for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, or to display, identify and publicize the name or product or service of any person, enterprise, or business.
b. A WALL SIGN is defined as any sign attached to, painted on, or applied to a building. All wall signs shall be located on the primary building in which a permitted non-residential use takes place and shall not extend above the roof line of the building. A sign that is affixed to a building shall lie flat against the wall showing only one face.
c. A FREE STANDING SIGN is defined as any sign not attached to a building. Structural elements of a free-standing sign shall not be used in calculating the area of such sign. A free-standing sign may have two sides exhibiting advertising matter, and only one side shall be used in calculating the area of such sign.
All new non-residential signs require review by the Zoning Board of Adjustment (ZBA), for compliance with the ordinance only. All signs legally existing at the time of the enactment of this section may be replaced and/or reworded provided such replacement or rewording does not increase any existing noncompliance with this section, and for non-residential use, approval is given by the ZBA. Signs erected by a governmental entity to control traffic, or to otherwise protect the health and safety of the general public shall not be subject to these regulations.
a. No sign of any type shall be designed or be placed in such a position as to create a hazardous condition by way of 1) obscuring a clear view of, or interfering with, vehicular or pedestrian traffic, or 2) similarity with official street signs or signals.
b. All signs permitted under this section shall be constructed of durable materials, affixed to a building or the ground, and shall be maintained in good condition and repair at all times.
c. Oscillating, rotating, flashing, neon or other tubular gas signs are not permitted except when used for public safety purposes by a governmental entity.
4. Residential District.
Signs shall be permitted no larger than six (6) square feet in the Residential District. Property owners or tenants in the Residential District with business, professional, or other service enterprises shall be allowed one advertising sign on the premises relating to the use or uses conducted in the building. One sign of the same size will be allowed with the name and address of the contractors of the structure during the active construction period or a sign pertaining to the lease, sale or use of the lot or building on which it is placed. Construction signs shall not exceed the allowed size in this district.
Free-standing signs shall be located no closer than ten (10) feet from a front, side or rear lot line. A free-standing sign shall not exceed ten (10) feet in height.
5. Rural/Agricultural and Timberland Districts.
All permitted non-residential uses shall be allowed to erect and maintain a single free-standing sign and any number of wall signs provided that the combined area of all signs does not exceed thirty-two (32) square feet for all uses.
Construction signs shall not exceed the allowed size in this district.
Free-standing signs shall be located no closer than twenty (20) feet from a front, side or
rear lot line. A free-standing sign shall not exceed ten (10) feet in height.
6. Commercial and Industrial Districts.
Signs shall be permitted no larger than thirty-two (32) square feet. Signs shall be placed not less than sixty (60) feet from the edge of the traveled roadway and not less than one hundred (100) feet from another sign. Construction signs shall not exceed the allowed size in this district.
Free-standing signs at one commercial location advertising multiple uses shall be on one free-standing sign and their combined area shall not exceed thirty-two (32) square feet.
Free-standing signs shall be located no closer than sixty (60) feet from the edge of the traveled roadway and no closer than ten (10) feet from the remaining lot lines. A free-standing sign shall not exceed twenty (20) feet in height.
7. Directional Signs.
Directional signs, not
exceeding six (6) square feet in size relating to a business operated in the
8. Multiple Use Signs.
Free-standing signs at one commercial location, such as a shopping center, advertising multiple uses shall be on one free standing sign and their combined area shall not exceed thirty-two (32) square feet, or forty-eight (48) square feet by Special Exception.
9. Special Exceptions.
Signs of six (6) square feet may be placed between ten (10) and sixty (60) feet of traveled roadway and between twenty (20) and one-hundred (100) feet of another sign by Special Exception from the Board of Adjustment when the Board is satisfied that the provisions of Article IV will be met and that the sign as placed will not have any adverse effect on abutting properties.
E. Removal of Sand and Gravel:
The excavation of clay,
sod, loam, sand, gravel or other earth materials shall be allowed in the
Industrial, Rural/Agricultural, and Timberland Districts only, by permit,
pursuant to the provisions of RSA 155-E.
The Zoning Board of Adjustment shall serve as the regulator for the
purpose of granting such permits, and they are hereby authorized to adopt such rules
as may be reasonable and necessary to carry out the provisions of RSA 155-E,
and this ordinance. Please also
see: “Town of
F. Trailers and Mobile Homes:
1. Mobile Homes may be used and maintained as permanent residences in the Rural/Agricultural District subject to the regulations contained in Article VIII.
2. Mobile Home Parks, as defined by this ordinance, are prohibited in all zoning districts.
3. The Board of Adjustment may grant a permit for the temporary use of a trailer or mobile home to be maintained as living quarters, by a person employed in adjoining construction or timber harvest, or for whom a permanent residence is under construction, or as an office, storeroom, or shop in connection with active construction of the premises provided that such use will conform to the sanitary requirements of this Article, Section C. In granting such permits the Board of Adjustment shall attach reasonable time limits for the removal of such mobile home or trailer.
G. Junk Yards and Dumps:
Any Subdivision of land for
development shall meet the requirements of the Land Subdivision Control
Regulations adopted by the Walpole Planning Board under authorization voted by
the Town of
I. Airports and Aircraft Landing Facilities:
Airports and facilities for
the landing, takeoff, maintenance, or storage of aircraft are prohibited in all
zoning districts within the Town of
J. Bed and Breakfast Establishments:
So called “Bed and Breakfast” establishments for the accommodation of paying, overnight guests, may be maintained as home occupations in all zoning districts provided that the number of rooms for rent in any one establishment shall not number more than four and further provided that breakfast shall be the only meal provided and that only to bona fide overnight guests. The conversion of a single-family residence or other building to a “bed and breakfast” shall require Site Plan approval by the Planning Board. Off-street parking for one car per rented room plus space for owner parking shall be provided.
The purpose of establishing a Residential District is to preserve free from the distraction of business, traffic noise and odor, those areas in Town suitable for quiet and safe residence and to assure those who built houses there that they may continue to dwell in such comfortable surroundings. Residential District, Type A, is the basic pattern selected to attain this end. Residential District, Type B, has been included with smaller lot size and lesser frontage in areas which have established a pattern for the small lot and where the requirements for Type A would impose hardship on those owners of undivided or unbuilt upon land immediately adjacent.
B. Uses Permitted:
Conversions of existing larger homes to multi-family dwellings may be allowed by Special Exception from the Board of Adjustment provided the Board determines that the following conditions are met:
a. The property is suitable to accommodate multi-family use without adversely affecting the area.
b. Adequate off-street parking is available.
c. The exterior architectural appearance and/or size of the structure shall not be substantially altered.
d. The property has received Site Plan approval from the Planning Board.
C. Land Standards:
a. The lot area in the Residential District, Type A, shall be not less than 40,000 square feet with frontage of each lot not less than 200 feet provided, however, that a lot with less frontage which is recorded as a lot of record at the time of passage of this Ordinance shall be deemed a conforming use.
b. The lot area in the Residential District, Type B, shall be not less than 25,000 square feet with the frontage of each lot not less than 150 feet provided, however, that a lot with less frontage which is recorded as a lot of record at the time of passage of this Ordinance shall be deemed a conforming use.
No building may be erected closer than sixty-five (65) feet to the center line of the abutting right-of-way nor closer than twenty feet to any side or rear property line.
D. Boundaries of Residential District, Type A.
E. Boundaries of Residential District, Type B.
8. Area to include, the following lots of record: Map 12, Lots 55-6 through 55-12, Lots 55-14 through 55-20, Lots 55-22 through 55-28 incorporating the Dearborn Circle and Burrows Lane residential development are permanently added to this zoning district as voted by the Town citizens at the March 13, 2007 Town Meeting and in accordance with the procedures outlined in NHRSA 675:3 Methods of Enactment in Certain Towns and Village Districts.
The purpose for establishing a Commercial District is to provide within the Town ample area in which business and the sale of merchandise can be conducted with its inherent traffic, loading, parking, and activity normally unpleasant in close proximity to restful and comfortable residences.
B. Uses Permitted:
A building may be erected, altered or used and a lot may be used or occupied only for the following purposes and in accordance with the following provisions:
2. Lodging houses, hotels, motels, inns and tourist cabins including such retail businesses
within these buildings as is conducted for the convenience of the guests herein.
3. Shops, restaurants and other retail buildings not exceeding 40,000 square feet in gross floor area.
4. Theaters, halls, clubs and amusement centers.
5. Greenhouses and florist shops.
6. Undertaking establishments.
7. Business and professional offices and banks.
8. Multi-family dwellings subject to the following conditions:
a. No building intended for multi-family occupancy shall contain more than three
(3) stories for human habitation.
b. Not less than thirty percent (30%) of the total parcel shall be retained as open
space, unencumbered by buildings, parking lots, accessory structures or other
impervious surfaces. Said open space may be used for lawns, gardens, land-
scaping and passive recreation.
c. Each multi-family development shall provide on-site parking in accordance
with the following minimum standards:
- for each efficiency and/or studio unit - 1 parking space
- for each 1 bedroom unit - 1.5 parking spaces
- for each 2-3 bedroom unit - 2 parking spaces
- for each unit exceeding 3 bedrooms - 2.5 parking spaces
C. Special Exceptions:
under permit from the Board of Adjustment when said Board is satisfied that parking and
loading requirements are satisfied.
D. If any proposed use is such as to attract vehicles, ample space shall be provided on the property to park and load such vehicles.
E. Land Standards:
The lot area in the commercial district shall be not less than 25,000 square feet and every
lot shall have a minimum frontage of 150 feet.
No building shall be erected closer than 65 feet to the center line of all public right of ways or 20 feet to any side or rear property line.
F. Boundaries of Commercial District:
The purpose for establishing an Industrial District is to provide within the Town area in which manufacturing operations may be carried on without infringing on the health, welfare and quiet of the residents of the Town. Manufacturing operations are those in which materials are changed physically in form, changed chemically or mixed to provide other compounds. The area provided for industry must be highly specific to the nature of the manufacturing operation. Chemical or physical research might well be conducted in close proximity to a Residential District and yet manufacture of glue or explosives could not. Hence, it is the intent of the Ordinance to require each industry to present its case to the Planning Board and Board of Adjustment. On recommendation of the Planning Board, the Board of Adjustment, after considering the facts in light of the welfare and benefit of the community, may allow such industry in either the Rural-Agricultural District or Commercial District as an Exception. Such an Exception may later be made part of the Industrial District by amendment of this Ordinance.
B. Industrial and manufacturing operations in the sense that the materials entering the operation are changed in form, size or composition before shipment.
All industrial establishments in this district shall meet the following requirements:
1. An industry shall be located at least eighty-five feet from the center line of any right-of-way and not less than twenty feet from each side or rear boundary.
2. An industry must provide adequate off street parking and loading facilities for freight and delivery trucks, employee’s and customer’s parking.
3. An industry must obtain a permit for its establishment from the Board of Adjustment after the Board has had a recommendation from the Planning Board and is satisfied that the industry shall not offend at the location selected by reason of emission of smoke, dust, noise, odor, fumes or water pollution.
D. Boundaries of Industrial District:
1. Area occupied in 1965 by the Cold River Sand and Gravel Corporation, bounded by the North Walpole Precinct, Residential District Type B, Drewsville Road (Whitcomb Road), Town-owned land occupied by the Town Dump.
2. Area occupied in 1965 by
Hicks Machine Company on
3. Area occupied in 1965 by
Hubbard Farms Hatchery on
4. Area bounded by Westmoreland Town Line, Route 12 (Bellows Road), center of Houghton Brook, right of way of Boston and Maine Railroad.
The purpose for establishing
a Rural/Agricultural District is to provide ample area for pursuit of
agriculture including, but not limited to: dairy farming, poultry raising and
timber harvest. Within this district in
B. Uses Permitted.
A building may be erected, altered or used and a lot may be used or occupied, only for the following purposes and in accordance with the following provisions:
C. Special Exceptions
1) Industrial, manufacturing and commercial operations by Special Exception from the Board of Adjustment when fulfilling the following requirements:
a) Consideration of Planning Board recommendation on the project based on its determination, following a public hearing, that:
i) property currently zoned for industrial, manufacturing and commercial operations is either unavailable or inadequate for the proposed use; and
ii) the proposed use is appropriate and consistent with the Town’s Master Plan.
b) Each proposed use must show that it will not infringe on the primary established use of the district.
c) No industrial, manufacturing or commercial venture or use shall be permitted which could cause any undue hazard to health, safety or property values or which could be offensive to the public because of noise, vibration, excessive traffic, unsanitary conditions, noxious odor, smoke, or other similar reason.
d) Each proposed use shall provide adequate off-street parking, including loading facilities for freight and delivery trucks, and parking spaces for employers, employees and customer vehicles. Additional parking may be required based on the size and nature of the business.
e) Businesses shall be located at least 65’ from the center line of any right of way and not less than 20’ from each side or boundary. Greater distances for setbacks and boundaries may be required according to the nature of the business.
f) All signs shall meet the requirements of Part D of the General Provisions of the Zoning Ordinance.
g) No retail commercial building shall be permitted which exceeds 40,000 square feet in gross floor area.
C. LAND STANDARDS
2. Yard Requirements. No building or other structure shall be erected closer than sixty-five feet to the center line of the abutting right-of-way nor closer than twenty feet to any side or rear property line.
D. BOUNDARIES OF RURAL/AGRICULTURAL DISTRICT
The Rural/Agricultural District shall comprise all
lands in the Town not specifically allotted to the
The purpose for establishing a Timberland District
B. Uses Permitted:
Any use permitted in the Rural/Agricultural District shall be permitted in this District. However, a building may be constructed in this District provided a permit is obtained from the Board of Adjustment whose duty it shall be to grant such permit only on the recommendation of the Planning Board and when they are satisfied that it shall meet the following qualifications:
1. All sanitary provisions in Article IV Section C of this Ordinance.
2. Highways and access roads thereto are of such width, curvature, grade and construction that they can be used by motorized fire fighting equipment and can be cleared of snow to provide year-round access.
Nothing in this section shall prevent the use of a trailer, hunting camp or logging camp as long as it is shown to the Board of Selectmen that the use is temporary and it will comply with Article IV section C of this Ordinance, in which case a permit may be granted for a period not to exceed six months.
C. Boundaries of Timberland District:
D. Land Standards:
2. Yard Requirements. No building or other structure shall be erected closer than sixty-five feet to the center line of the abutting right-of-way nor closer than twenty feet to any side or rear property line.
Retirement Community Overlay District
A Retirement Community Overlay District
is hereby established in the Town of
B. PURPOSE: The Retirement Community Overlay District shall serve the following purposes:
1. To provide for appropriate sites within the town for the development of housing and related facilities to serve the needs of people age sixty-two (62) years and older.
2. To regulate the intensity and mix of the different types of housing units required to meet the needs of these senior citizens so as to provide ample outdoor and livable space and to retain a sense of personal identity, intimacy and human scale within the development.
3. To provide ample‑sized meeting rooms and recreational facilities for the comfort and convenience of the residents.
4. Through site plan review by the Planning Board, to provide for review of the bulk, height and spacing of buildings, architectural design of the buildings, and the circulation and parking pattern within the development to ensure that adequate light, air, privacy and open space for passive recreation and landscaped amenities are provided.
5. To provide such accommodation in a manner harmonious with the surrounding land uses while protecting the natural resources and open space.
6. To preserve the town’s residential character.
C. APPLICABILITY: The Retirement Community Overlay District shall only apply to the Residential B and Commercial Districts.
Building Height - The vertical distance from the mean finished grade of the ground adjoining the building to the highest point on the roof for flat or shed roofs, to the deck line for mansard roof, and to the mean height between eaves and ridges for gable, hip and gambrel roofs. Not included are spires, cupolas, TV antennae, or other part of structures which do not include potentially habitable floor space.
Common Area - Any land area, other than Open Space, set aside for common ownership as a result of a Retirement Community Development, including areas for common facilities. The following uses shall be allowed within the Common Area: active recreation such as tennis courts, swimming pools, etc.; and community water and sewer systems.
Common Facilities - Built facilities which are commonly owned by the property owners within a Retirement Community Development. Common facilities may be proposed but are not required. They may include streets, rights-of-way, common buildings, wells, water and waste treatment systems, and recreation facilities.
Homeowners Association - A private non-profit organization (corporation, association, or other legal entity) established by the developer to manage, maintain, support, and finance the common facilities and open space of a Retirement Community Development, and to enforce certain covenants and restrictions.
Open Space - Undeveloped land set aside for common or individual ownership as a result of a Retirement Community Development, with conservation easements and other deeded restrictions to ensure that the land will remain permanently open and undeveloped. A condition of approval under the Retirement Community Overlay District is that Open Space may not be further subdivided. Only the following uses shall be allowed within the Open Space: passive recreation, gardening, and horticulture.
Retirement Community Development - A form of residential development where the density of dwelling units is no greater than would be permitted in the district in which the Retirement Community Development is located, but where the lot size and other dimensional standards may be reduced in exchange for the preservation of permanently protected open space, recreational land, forests, and/or farmland.
E. PERMITTED USES: In this district land may be used and buildings may be erected, altered or used for:
1. Detached and/or attached single‑family uses and accessory uses thereto with a maximum of three (3) bedrooms per dwelling unit.
2. Duplex dwelling units with a maximum of three (3) bedrooms per dwelling unit.
3. Recreation buildings and grounds for activities, games and sports not carried on for financial gain.
4. Accessory buildings for the storage, repair and maintenance of equipment and vehicles used in the operation of a retirement community.
5. Dining rooms, meeting facilities, and health care facilities necessary to provide services to residents of the development if appropriate.
F. OCCUPANCY ELIGIBILITY: Occupancy is restricted to persons age sixty-two (62) years or older, with the following exceptions:
1. A spouse under sixty-two (62) years old married to a resident over the age of sixty-two (62).
2. Adults between the age of eighteen (18) and sixty (62) only if their presence is required to minister to a resident over the age of sixty-two (62).
G. MINIMUM REQUIREMENTS shall be as follows:
1. TRACT SIZE: A proposed site shall consist of at least ten (10) acres of contiguous land in single or consolidated ownership and may include parcels separated by existing public roads, provided that such parcels abut. The development shall be non-subdividable. Multiple lots shall be consolidated prior to approval under this ordinance.
2. DENSITY: The maximum allowable density of the site shall be calculated based on the following:
TOTAL area of tract
MINUS area of all undevelopable lands which shall include all surface waters on the tract, all lands with slopes of 25 percent or greater, wetlands, and all lands located in the Floodplain District as defined in Article XVIII of the Zoning Ordinance
EQUALS total developable area
TOTAL developable area
MINUS area of all street and /or road rights-of-way within the development
DIVIDED by the minimum lot size for the district in which the project is located as specified in the Zoning Ordinance
MULTIPLIED by two (2)
EQUALS the maximum number of dwelling units permitted (rounded to the nearest whole number)
Applicants shall show that the site characteristics can accommodate the proposed density. Adequate and appropriate on-site space must be provided in each development for parking, buildings, water, sewage, utilities, and all other infrastructure and facilities, regardless of the maximum allowable densities.
3. BUILDING HEIGHT: No building erected in this district shall exceed thirty-five (35) feet in height.
4. FRONTAGE ON NEAREST PUBLIC RIGHT-OF-WAY: One hundred and fifty (150) feet.
5. SITE PERIMETER BUFFER: Each development must be situated within a permanently protected undeveloped site perimeter buffer, identified on the site plan, not less then fifty (50) feet wide which, unless already wooded and satisfactory to the Planning Board, is planted and landscaped to provide a visual barrier between the development and all adjacent property. The Planning Board may require additional buffer width where unique circumstances of an abutting use or property warrant. The intent is to insure adequate screening where mixed uses abut. The Site Perimeter Buffer can be counted toward the 50% set aside of permanently protected Open Space.
6. SETBACKS: All structures shall be set back at least fifty (50) feet from all adjoining property lines. There shall be a minimum of twenty-five (25) feet between all buildings.
7. OPEN SPACE: The overall site must have a minimum of fifty percent (50%) common open space, of which no more than twenty‑five percent (25%) may be wetlands, slopes over twenty‑five percent (25%), or lands located in the Floodplain District as defined in Article XVIII of the Zoning Ordinance. This requirement does not apply to those slopes over twenty‑five percent (25%) which have been created by prior human activity, which shall be re-graded to less than twenty‑five percent (25%). Open space must be contiguous in a layout acceptable to the Planning Board. Rights-of-way, streets, driveways, and/or parking areas shall not be counted as Open Space.
8. UTILITIES: A proposed site shall be connected to either a community or municipal water and sewer system. The water system within the site shall be designed to provide the maximum flow practical for fire‑fighting purposes as required by the State of NH Building Code (RSA 155-A). Each development shall conform to the regulations promulgated by the NH Department of Environmental Services with respect to water, sewerage, garbage, and other health measures. All utilities such as electric, telephone, and cable shall be required to be placed underground.
9. LIGHTING: Roads and main access ways to buildings shall include adequate lighting. The use of “full cut-off” type lighting shall be required for all public areas. A formal site-wide lighting plan shall be submitted, requiring Planning Board approval. Lighting of common and public areas shall be independently controlled from residential units and shall be minimized or turned off at an agreed upon “no later than” time at night. Light trespass, nuisance glare, and over-illumination due to excess wattage or inappropriate lighting type shall be prohibited. Adequate lighting for pedestrian safety shall be provided.
10. PEDESTRIAN TRAFFIC: The use of interconnecting walkways, trails and natural walking paths shall be an integral part of the design of any development to facilitate access between common areas, groups of dwelling units and open space areas. Easements shall be requested where trails or potential trails on abutting lands may allow for a local connection. Appropriate timing and restrictions may apply. Primary walkways and sidewalks shall meet Americans with Disabilities Act (ADA) requirements. Trails and natural walking paths are exempt from this requirement, but the Board encourages maximizing accessibility to residents.
11. BUILDING DESIGN: Architectural renderings and/or elevations of all buildings and all accessory buildings shall be provided which the Planning Board will evaluate in accordance with the Site Plan Review Regulations to confirm that proposed development is an appropriate scale and arrangement in light of the underlying zoning district, the prominence of the site, viewsheds, adjacent uses and the surrounding neighborhood.
12. LANDSCAPE PLAN: A landscaping plan acceptable to the Planning Board shall be provided consistent with the Landscaping and Off Street Parking and Loading requirements in the Site Plan Review Regulations.
13. OFF‑STREET PARKING: Parking for this district shall be provided in the following manner, and shall be in compliance with the appropriate subsections of off‑street parking:
a. Two (2) spaces per dwelling unit.
b. Adequate visitor’s parking.
H. STREET REQUIREMENTS:
1. All streets and roads internal to the development shall be privately maintained unless the Board of Selectmen, upon recommendation of the Planning Board, presents a street to be a dedicated public roadway to the Town Meeting and the town accepts the roadway.
2. Where retained as private ways, streets shall be posted as such by standard street signs.
3. All streets shall be designed and constructed consistent with local requirements, unless the Planning Board determines that a modification of the width and/or construction standards of said streets will not be detrimental to the circulation or the safety of the development.
4. The number of new access points to existing and proposed public streets and major through roads shall be limited to two (2) unless otherwise determined by the Planning Board.
I. ownership of open space and common Areas:
1. The developer shall hold, manage and maintain Open Space, Common Land, and Common Facilities within a Retirement Community Development until completion of all improvements, whereupon the developer shall transfer the ownership and management and maintenance responsibilities as set forth in Subsections I.2 and 3 below.
2. Common Areas and Common Facilities within a Retirement Community Development shall be owned by and bound by a homeowner’s or condominium association or similar form of common ownership set by the developer. Membership in said association shall be mandatory for property owners and made a required covenant in any deed issued or passed. Articles of association or incorporation must be acceptable to the Planning Board and to Town Counsel.
3. Open Space shall be owned by one or a combination of the following:
a. A homeowner’s or condominium association or similar form of common ownership set forth by the developer;
b. A conservation trust or private nonprofit organization such as the Society for the Protection of NH Forests, The Audubon Society, or the Monadnock Conservancy, which has as its purpose the preservation of open space through ownership and control;
c. The Town of
e. The State of New Hampshire for permanent open space uses;
d. A private landowner such as a farmer or forest manager that will manage it for uses consistent with the provisions of this ordinance.
J. permanent protection of open space: All Open Space in a Retirement Community Development, whether held privately or in common, shall be restricted in perpetuity as open space through the use of conservation easements that legally restrict the development rights to that property.
1. The easement may be so worded as to permit or restrict public access, to allow or disallow recreational development, and similar provisions.
2. The burden of the easement conveyed hereby shall run with the property and shall be enforceable against all future owners and tenants in perpetuity; the benefits of this easement shall not be appurtenant to any particular parcel of land but shall be in gross and assignable or transferable only to the State of New Hampshire, the U.S. Government, or the Town of Walpole, consistent with Section 170(c)(1) of the U.S. Internal Revenue Code of 1986, as amended or to any qualified organization within the meaning of Section 170(h)(3) of said Code, which organization has among its purposes the conservation and preservation of land and water areas and agrees to and is capable of enforcing the Purposes of this Easement. Any such assignee or transferee shall have like power of assignment or transfer.
K. SUBMISSION AND REVIEW PROCEDURE:
a. A demonstrated need for additional Retirement housing;
b. If applicable, a Subdivision Plan showing all the information required in the Walpole Subdivision Regulations;
c. A Site Plan showing all the information required in the Walpole Site Plan Review Regulations;
d. Typical architectural renderings and/or building elevations and floor plans of all proposed buildings;
e. A Landscaping Plan indicating the existing vegetation to be retained and that to be removed as well as the type, size, and numbers of all proposed new plantings;
f. A Lighting Plan for the entire site;
g. Copies of all legal documents associated with the development including the Homeowners Association By-Laws, Articles of Incorporation, protective covenants and deed restrictions, etc.;
h. A timetable for completion of the Retirement Community Development.
A. Any non-conforming lot, dwelling, or business may continue in its present use.
B. When any existing non-conforming use of land or building has been discontinued for one year the land and building shall thereafter be used only in conformity to this Ordinance, except that the Board of Adjustment, after public hearing, may permit the resumption of said non-conforming use.
C. A non-conforming lot may not be voluntarily reduced in size.
D. A non-conforming use may be expanded or enlarged or changed to another non-conforming use after the Board of Adjustment determines, after public hearing, that the proposed expansion, enlargement, or change will not materially increase the hazard or nuisance value of the non-conformity.
The five (5) member Zoning Board of Adjustment will be an elected body per RSA 673:3, commencing in 1992. The Board of Adjustment shall conform in membership and term of office to the provisions of Chapter 673, Sections 3 and 5, N.H.R.S.A. 1983. This Board shall act with full powers granted said Board by Chapters 672-677.
Administration and Enforcement
1. Building Permit Required: A building permit shall be required in order to erect, alter, enlarge, change the use of, relocate, remove or demolish a building; and to convert a dwelling from seasonal to year-round occupancy.
2. Exemptions: Exempted from this requirement are: buildings less than one hundred (100) square feet in size and used as an accessory building to the principal use; general repairs and maintenance; the replacing in kind of structural components; and remodeling where the purpose for which the building is to be used is not changed, or where the exterior walls of the building are not to be altered.
3. The Board of Selectmen shall issue any and all permits required when the building or land use for which the permit is sought will be in accordance with the provisions of this Ordinance or in accordance with any Variance or Special Exception granted by the Board of Adjustment.
4. A fee to cover the administrative costs of the permit process shall be determined by the Selectmen.
1. It shall be the duty of the Board of Selectmen, and the Board is hereby given power and authority, to enforce the provisions of this Ordinance.
2. Upon any well-founded information that this Ordinance is being violated, the Board of Selectmen shall take immediate steps to enforce the provisions of this Ordinance by seeking an injunction in the Superior Court or by any other appropriate action.
This ordinance may be amended by a majority vote as provided for in Chapter 675, N.H.R.S.A., 1983.
Any violation of this Ordinance shall be made punishable by a fine of not more than$100.00 for each day such violation may exist after the conviction date; provided, however, that the total fines imposed for any single violation shall not exceed $500.00.
The invalidity of any provision of this Ordinance shall not affect the validity of any other provision.
This Ordinance shall take effect upon its passage.
B. Building is a structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
C. Lot of Record means land designated as a
separate and distinct parcel in a legally recorded deed or plan filed in the
D. Frontage means the length of a lot bordering on a public street. Where a lot borders on more than one public street, the frontage shall be on that street on which the lot has the greatest length, unless otherwise designated by the owner.
E. Public Street means any highway, street, road, avenue, land or other right-of-way over which the public has a right to pass and repass, and which the State, County or Municipality has a responsibility to maintain.
F. Trailer means any vehicle or similar portable structure used, and intended to be used, as an office, shop or dwelling having no foundation other than wheels, hacks or skirting, and having none of the following: running water, sanitary facilities, bath facilities, and toilet.
G. Mobile Home means any structure, transportable in one or more sections, which in the traveling mode, is 8 body feet or more in width, and 40 body feet or more in length, or when erected on site, is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, which include plumbing, heating and electrical heating systems contained therein.
H. Mobile Home Park means the land on which two or more mobile homes are parked and occupied for living purposes, regardless of whether or not a charge is made for such accommodations.
I. Tourist Home means any place consisting of a room or groups of rooms located in a residence where transient accommodations for sleeping or living purposes are provided for a price.
J. Home Products, Products and Crafts mean and include everything of an agricultural nature grown, produced, conditioned, or otherwise processed on the property of the resident, also such articles as are manufactured or altered by members of the household or bona fide resident of any property.
K. Non-Conforming Use means the use of any building, structure or land which does not conform to the use regulations of the district in which it is located.
L. Sign means a structure, building wall or other outdoor surface or any device used for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, or to display, identify and publicize the name or product or service of any person.
M. A Wall Sign is defined as any sign attached to, painted on, or applied to a building. All wall signs shall be located on the primary building in which a permitted non-residential use takes place and shall not extend above the roof line of the building. A sign that is affixed to a building shall lie flat against the wall showing only one face.
N. A free-standing sign is defined as any sign not attached to a building. Structural elements of a free-standing sign shall not be used in calculating the area of such sign. A free-standing sign may have two sides exhibiting advertising matter, and only one side shall be used in calculating the area of such sign.
O. Planning Board is a board of seven members elected by the voters and whose function, among other duties, is the study of a preparation of the Zoning Ordinance and any amendments thereto.
P. Dwelling: Means a building of common foundation. A one or two family dwelling will share
the same foundation per lot.
Flood Plain District
The following regulations in this ordinance shall apply to all lands designated as special flood hazard areas by the Federal Emergency Management Agency (FEMA) in its “Flood Insurance Study for the County of Cheshire, NH” dated May 23, 2006 or as amended, together with the associated Flood Insurance Rate Maps dated May 23, 2006 or as amended, which are declared to be part of this ordinance and are hereby incorporated by reference.
The purpose of establishing a Flood Plain District is to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.
2. Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction.
3. Controlling the alteration of natural flood plains, stream channels and natural protective barriers, which help accommodate or channel flood waters.
4. Controlling, filling, grading, dredging, or other development which may increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
1. Area of Special Flood Hazard is the land in the flood
plain within the Town of
2. Base Flood means the flood level having a one-percent possibility of being equaled or exceeded in any given year.
3. Basement means any area of a building having its floor sub-grade on all sides.
4. Development means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
5. Flood Insurance Rate Map (FIRM) means the official
map incorporated with this ordinance, on which FEMA has delineated both the
special flood hazard areas and the risk premium zones applicable to the Town of
6. Flood Insurance Study see flood elevation study.
7. Floodway see regulatory floodway.
8. Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:
9. Flood Elevation Study means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination and determination of mudslide or flood-related erosion hazards.
10. Floodplain or Flood-Prone Area means any land area susceptible to being inundated by water from any source (see definition of flooding).
11. Flood Proofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
12. Functionally Dependent Use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking and port facilities that are necessary for the loading/unloading of cargo or passengers, and ship building/repair facilities but does not include long-term storage or related manufacturing facilities.
13. Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
14. Historic Structure means any structure that is:
a. Listed individually in the National Register of Historic Places (A listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
1. By an approved state program as determined the Secretary of the Interior, or
2. Directly by the Secretary of the Interior in states without approved programs.
15. Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.
16. Manufactured Home means a structure, transportable in one or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. For floodplain management purposes the term “manufactured home” includes park trailers, travel trailers, and other similar vehicles placed on site for greater that 180 consecutive days. This includes manufactured homes located in a manufactured home park or subdivision.
17. Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
18. Mean Sea Level means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
19. New Construction means, for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
20. 100 Year Flood see “Base Flood”
21. Recreational Vehicle means a vehicle which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
22. Regulatory Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
23. Special Flood Hazard Area see “area of special flood hazard”
24. Structure means for flood plain management purposes a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
25. Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
26. Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.
27. Substantial Improvement means any combination of repairs, reconstruction, alteration, or improvements to a structure in which the cumulative cost equals or exceeds fifty percent of the market value of the structure. The market value of the structure should equal 1. The appraised value prior to the start of the initial repair or improvement, or 2. In the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, “Substantial improvements” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This Term includes structures, which have incurred substantial damage, regardless of actual repair work performed. The Term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specification which are solely necessary to assure safe living conditions or any alteration of a “historic structure”, provided that the alteration will not prelude the structures’ continues designation as a “historic structure”.
28. Violation means the failure of a structure or other development to be fully compliant with the community’s flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44CFR () 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
29. Water Surface Elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains.
The Flood Plain District includes all special flood
hazard areas south of
1. In the Flood Plain District all development is prohibited except by Special Exception.
2. No Special Exception shall be granted for placement of manufactured housing within the Flood Plain District.
3. The proposed development must be otherwise permitted in the underlying district.
4. Certification by a NH registered professional engineer must be provided by the applicant demonstrating that the proposed development in a floodway will not result in any increase in flood levels during the occurrence of the 100 year flood.
5. Any proposed new construction or substantial improvement (50% or more of the market value of structure including prefabricated) must (1) Be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, (2) Use construction materials and utility equipment that are resistant to flood damage, and (3) Use construction methods and practices that will minimize flood damage.
6. All new construction and substantial improvement of structures have the lower floor elevated or flood proofed to or above the base flood level.
7. All new and replacement water and sewer systems be located, designed, and constructed to minimize infiltration and impairment by floodwaters.
8. Obtain permits for all proposed development within the Flood Plain District.
9. Provide evidence that all necessary permits have been received from these governmental agencies as required by federal or state law.
All proposed development in any special flood hazard areas shall require a permit.
The Selectmen shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction or substantial improvements shall:
Where new or replacement water and sewer systems (including on-site systems) are proposed in flood-prone areas the applicant shall provide the Selectmen with assurance that these systems will be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems will be located to avoid impairment to them or contamination from them during periods of flooding.
The Selectmen shall maintain for public inspection, and furnish upon request, any certification of flood-proofing and the as built elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and include whether or not such structures contain a basement. If the structure has been flood-proofed, the as built elevation (in relation to mean sea level) to which the structure was flood-proofed. This information must be furnished by the applicant.
The Selectmen shall review proposed developments to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. It shall be the responsibility of the applicant to certify these assurances to the Selectmen.
1. In special flood hazard areas the Selectmen shall determine the 100 year flood elevation in the following order of precedence according to the data available:
2. The Selectmen’s 100-year flood elevation determination will be used as criteria for requiring in Zones A, A1-30, AE, AH, AO, and A that:
1. Be flood-proofed so that below the 100 year flood elevation the structure is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section;
f. All recreational vehicles placed on sites within Zones A shall either:
(i) be on the site for fewer than 180 consecutive days;
(ii) be fully licensed and ready for highway use; or
(iii) meet all standards of Section 60.3 (b) (1) of the National Flood Insurance
Program Regulations and the elevation and anchoring requirements for
“manufactured homes” in Paragraph (c) (6) of Section 60.3.
Item IX - Variances and Appeals:
1. Any order, requirement, decision or determination of the building inspector made under this ordinance may be appealed to the Zoning Board of Adjustment as set forth in RSA 676:5.
2. If the applicant, upon appeal, requests a variance as authorized by RSA 674:33, I (b), the applicant shall have the burden of showing in addition to the usual variance standards, under state law that:
a. the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense.
b. if the requested variance is for activity within a designated regulatory floodway, no increase in flood levels during the base flood discharge will result.
c. the variance is the minimum necessary, considering the flood hazard, to afford
3. The Zoning Board of Adjustment shall notify the applicant in writing that:
a. the issuance of a variance to construct below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and
b. such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with a record of all variance actions.
4. The community shall:
a. maintain a record of all variance actions, including the justifications for their issuance, and
b. report such variances issued in its annual or biennial report submitted to FEMA’s Federal Insurance Administrator.