TOWN OF WINDSOR, NEW HAMPSHIRE

COMMUNITY PLANNING ORDINANCE

Adopted at Town Meeting March 11, 1997
Amended at Town Meeting March 12, 2002
Amended at Town Meeting March 11, 2003
Amended at Town Meeting March 9, 2004

Amended at Town Meeting March 13, 2007

Amended at Town Meeting March 11, 2008
*subject to change

TABLE OF CONTENTS

SECTION I. AUTHORITY AND PURPOSE...... Page 1

SECTION II. GENERAL PROVISIONS...... Page 1

SECTION III. DISTRICTS...... Page 2

SECTION IV. PERMITTED USES...... Page 2

SECTION V. LOT & YARD STANDARDS...... Page 3

SECTION VI. Nonconforming USES...... Page 3

SECTION VII. BOARD OF ADJUSTMENT...... Page 4

SECTION VIII. ADMINISTRATION AND ENFORCEMENT...... Page 4

SECTION IX. TELECOMMUNICATION ORDINANCE (Under Separate Cover)

SECTION X. PENALTIES...... Page 5

SECTION XI. AMENDMENTS...... Page 5

SECTION Xll. SAVINGS CLAUSE...... Page 5

SECTION XIII. WHEN EFFECTIVE...... Page 5

SECTION XIV. DEFINITIONS...... Page 5

TOWN OF WINDSOR, NEW HAMPSHIRE

COMMUNITY PLANNING ORDINANCE

SECTION I. AUTHORITY AND PURPOSE

Pursuant to the authority to adopt or amend a zoning ordinance conferred to the Town by RSA 674: 16, this ordinance is enacted by the voters of Windsor for the propose of promoting the health, safety or general welfare of the Town. As stated in RSA 674:17, these regulations are designed to prevent overcrowding of land and assure proper use of natural resources and other public requirements. The intent of this ordinance is to protect and conserve the land, buildings, and natural resources of Windsor and encourage the most appropriate use of land.

SECTION II. GENERAL PROVISIONS

  1. Temporary use of recreational vehicles is permitted on any lot, occupied or vacant, for up to 90 calendar days, provided all setback requirements of this Ordinance are met and sewage disposal is adequately addressed. Recreational vehicles within campgrounds are subject to the provisions of Section V.
  2. Recreational vehicles may not be used for year-round living purposes.
  3. Mobile home parks are not permitted.
  4. Junk Yards & Outdoor Storage
  1. Junk Yards are not a permitted use in the Town of Windsor.
  2. For the purposes of this Ordinance, Junk Yards are defined as a place for keeping, storing, selling, trading or otherwise transferring old or scrap rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked motor vehicles or parts thereof, or iron, steel, copper, brass or other old or scrap ferrous or nonferrous materials.
  3. Any property may by right have or store one (1) motor vehicle that is not road-worthy, or any parts thereof.
  4. Any property may have or store more than one motor vehicle that is not roadworthy, or any parts thereof, subject to the following:
  5. The vehicles or parts are for the sole use of the occupant(s) of the property, or the vehicles are temporarily on the property for the purpose of repair or improvement.
  6. Bulk storage of oil or gasoline must be in accordance with Department of Environmental Services best management practices.
  7. The keeping or storing of vehicles, parts, or fuels shall not constitute a nuisance to any abutter or the general public, nor shall it create any hazard to the environment or to the public health and welfare.
  8. In enforcing this section, the Selectmen reserve the right to determine whether a nuisance or hazard exists, and may take appropriate steps to mitigate, including but not limited to screening and storage requirements.

In making this determination, the Selectmen may consider the potential negative effect on neighboring property values.

In executing this section, the Selectmen may call upon the Health Officer to inspect and respond as necessary when there is any question pertaining to the public health and welfare.

SECTION III. DISTRICTS

A. The Town of Windsor shall consist of one Rural/Residential District to accommodate mainly residential and agricultural uses common to small New Hampshire communities.

B The shore land within 250feet inland from the water line around Bagley Pond, Black Pond, and White Pond are subject to additional provisions as applicable under the NH Shorelands Protection Act (RSA 483-B).

SECTION IV. PERMITTED USES

In the Rural Residential District, land and buildings are allowed to be used only for the following purposes listed below. It is the intent of this Ordinance that there be only one principal permitted use per lot, except as otherwise provided.

A. Permitted Uses

  1. Single-family homes.
  2. Manufactured Housing.
  3. Agriculture, including sale of agricultural products.
  4. Home-based businesses and home occupations.
  5. Campgrounds and Youth Camps.
  6. Religious, government, educational or cultural facilities.
  7. Any uses accessory to the above.

B. Uses Permitted by Special Exception

The following uses are permitted by Special Exception of the Board of Adjustment subject to the conditions listed in Section VII, B. 2, as well as any other conditions listed below.

  1. Earth excavations (also subject to RSA 155-E).Existing excavations, as defined by RSA 155-E: 2, (I) are grandfathered from this requirement.
  2. Commercial Uses.
  3. Light Industry.
  4. Accessory Dwelling Units, provided the following conditions are satisfied:
  5. The unit must be secondary and incidental to the primary residence, but in no case shall it exceed 500 square feet.
  6. Only one accessory dwelling unit per primary residence is allowed.
  7. The unit must be connected to a state-approved septic system of the primary residence. Kitchen facilities may be either shared or separate.
  8. The unit may be attached to the primary residence or located in an accessory building on the property. In either case, new construction must meet all setbacks.
  9. A lot may be used for more than one principal use provided that the following conditions are satisfied:

a. The lot is large enough to permit subdivision under the current zoning requirements should the landowners wish to separate the buildings or uses.

b. All structures are located on the lot in such a way as to permit compliance with setback requirements in the event of a subdivision, and the safe movement of emergency vehicles around the property can be accommodated.

SECTION V. LOT & YARD STANDARDS

  1. Alllots shall be at least five (5) acres in area and have at least 200 feet of continuous frontage.
  2. There shall be a minimum of 35 feet between any structure and the edge of a road right-of-way.
  3. There shall be a minimum setback of 25 feet between any structure and side or rear lot lines, except for detached buildings of 80 square feet or less, which may locate within 15feet of a sideor rear lot line.
  4. Within campgrounds, a minimum of 1,000 square feet must be provided for each recreational vehicle campsite, regardless of the type of sewage disposal system.
  5. Back lots are permitted provided the following conditions are met:
  1. The minimum area of the back lot is five (5)acres.
  2. The front lot shall have a minimum frontage of 250 feet.
  3. The back lot shall have a permanent 50-foot access, designated and recorded in all deeds, and which area is not to be included in the calculations of lot size.
  4. The back lot shall have a width at the building line at least equal to the frontage requirement and all structure must be able to satisfy the setback requirements.

SECTION VI. Nonconforming USES

  1. Any lawful use of land or buildings in existence at the time of the adoption of this Ordinance or any amendments thereto may be continued, even though the use does not conform to the provisions of this ordinance.
  2. A nonconforming use which has been discontinued for a period of two (2) years may not be resumed.
  3. A nonconforming lot of record may be used as a building lot provided all applicable setback requirements can be met and adequate sewage disposal is provided.
  4. An existing nonconforming use may be expanded or enlarged, or changed to another nonconforming use by Special Exception provided that the conditions of Section VII, B. 2 are met andthe Board of Adjustment finds that the proposed new use:
  1. arises naturally out of the existing use;
  2. is required in order to make the existing use more available to the owner;
  3. will not render the premises proportionately less adequate for the use; and
  4. will not have a substantially different impact on abutting properties.

SECTION VII. BOARD OF ADJUSTMENT

A.Creation

A Zoning Board of Adjustment shall be created, under the provisions of RSA
673:3. The Board shall consist off five (5)members who will be either elected or
appointed, as prescribed by RSA 669or RSA 673:3 and decided by vote at Town
Meeting.

B. Powers of the Zoning Board of Adjustment

In accordance with the provisions of RSA 674:33, the Zoning Board of Adjustment shall have the power to:

  1. Hear and Decide Appea1s from Administrative Decisions.The Board shall bear and decide appeals to any decision or determination made by the Selectmen in the enforcement of this Ordinance.
  2. Grant Special Exceptions. The Board may grant Special Exceptions for uses specified in the ordinance. In acting on an application, the Board shall take into consideration the following provisions:
  3. The proposed site is an appropriate location, taking into account such factors as the nature and development of abutting properties and the protection of natural resources.
  4. The use will not adversely affect the value of adjacent property by causing any obnoxious or harmful conditions.
  5. The lot must be of a size, configuration, slope and soil type that will adequately accommodate the proposed use.
  6. Traffic generated by the use must not present a hazard to the neighborhood.
  7. In the case of a commercial use being proposed next to an existing residential use, buffering shall be provided within the setback areas of a type and amount deemed appropriate by the Planning Board to protect the residential character of the abutting properties.
  1. Grant variances.The Board may grant a variance from the terms of this Ordinance provided all of the following conditions are satisfied:
  2. No diminution in the value of surrounding properties would be suffered.
  3. Granting the permit would be of benefit to the public interest.
  4. By granting the permit substantial justice would be done.
  5. The use must not be contrary to the spirit of the ordinance.
  6. Denial of the permit would result in unnecessary hardship to the owner seeking it.
  7. Grant Equitable Waivers of Dimensional Requirements. The Board shall grant a waiver for the violation of a physical layout or dimensional requirement, provided all provisions of RSA 674:33-a can be satisfied by the owner.

SECTION VIII. ADMINISTRATION AND ENFORCEMENT

  1. It shall be the duty of the Selectmen to administer and enforce the provisions of this Ordinance.
  2. After passage of this Ordinance, it shall be illegal to construct,newly occupy, erect or use any structure without firstreceiving written approval from the Board of Selectmen after filing the “Notice of Construction.”
  3. A conversion from a seasonal use of a property or structure to a year round use requires written approval from the Board of Selectmen after filing the “Notice of Construction, and documentation of a state-approved septic system.
  4. Upon any well-founded information that this Ordinance is being violated, the Selectmen shall take immediate steps to enforce the provisions ofthis Ordinance by any appropriate action.

SECTION IX. TELECOMMUNICATION ORDINANCE

(UNDER SEPARATE COVER. PLEASE SEE SELECTMEN FOR A COPY)

SECTION X. PENALTIES

Any person violating any provision of this Ordinance shall be subject to a civil penalty not to exceed $100 for each day such violation is found to continue after the conviction date or after the date on which the violator receives written notice from the Selectmen that he is in violation, whichever is earlier. (RSA 676:17, I)

SECTION XI. AMENDMENTS

This Ordinance may be amended by majority vote of any legal Town Meeting, when such amendment is published in the Warrant calling for said Town Meeting and has received the legal public hearings prescribed in RSA 675:6 & 7.

SECTION Xll. SAVINGS CLAUSE

The invalidity of any provision of this Ordinance shall not affect the validity of other provisions or of the Ordinance as a whole.

SECTION XIII. WHEN EFFECTIVE

This Ordinance and any amendments thereto shall take effect immediately upon their passage.

SECTION XIV. DEFINITIONS

  1. Accessory means a use or structure that is incidental and secondary to that of the principal use or structure.
  2. Accessory Dwelling Unit means an independent living unit incidental and subordinate to a single-family dwelling and under the same ownership as the primary residence.
  3. Backlot means any lot not having the required road frontage.
  4. Campground means an area or tract of land on which accommodations for temporary occupancy are located including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.
  5. Commercial Use means those establishments engaged in providing services, retail trade or professional offices
  6. Frontage means that portion of a lot bordering on a town, state, or Private Street, or right- of-way, or public waters.
  7. Home-based business means a business conducted from the residence, with no on-site employees that is incidental and secondary to the residential use and which does not alter the exterior of the property or affect the residential character of the neighborhood.
  8. Home Occupationmeans an occupation, profession, activity or use that is clearly a customary, incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood, provided that no more than two outside employees are engaged in its operation.
  9. Light industry means the manufacture, assembly, treatment or packaging of finished products, predominantly from previously prepared materials. This does not include junkyards or any industry that produces or emits dust; refuse matter, toxic or noxious gases, odors or fumes, excessive noise, vibration or electrical interference.
  10. Lot means a parcel of land at least sufficient in size to meet the requirements for use as set forth in this Ordinance.
  11. Lot of Record means land designated as a separate and distinct parcel in a legally recorded deed or plan filed in the Hillsborough County Registry of Deeds.
  12. Manufactured Housing 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. Manufactured housing as defined in this section shall not include presite built housing as defined in RSA 674:31-a.
  13. Recreational Vehiclemeans a vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and is primarily designed as temporary living accommodation for recreational, camping and travel use which includes but is not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.
  14. Structure means any dwelling unit, camp, barn, shed, or building exceeding 50 square feet in area.

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