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THIS COPY AS OF MARCH 2006. CHANGES MAY HAVE BEEN MADE
SINCE THEN AND YOU SHOULD CONFIRM WITH THE SELECTMEN THAT THIS
INFORMATION IS VALID.
TOWN OF BARTLETT, NH
ZONING ORDINANCE
RIDGELINE AND HILLSIDE
OVERLAY DISTRICT
ORDINANCE
AS AMENDED THROUGH
MARCH 14, 2006
NOTE: The Town of Bartlett enacted a Telecommunications
Ordinance on 3/12/2002 and is a separate although a part of this
Ordinance. Requests for copies must be made separately.
TOWN OF BARTLETT ZONING ORDINANCE
ARTICLE I.
AUTHORITY AND PURPOSE
A.
We, the citizens of the Town of Bartlett, enact this Ordinance in order
to help preserve a rural, tranquil, and open environment free from
sound, visual, air and water pollution while at the same time promoting
and encouraging the orderly and wise development of a viable economy for
the benefit of all. If is our intent that the administrators of this
Ordinance keep in mind the spirit as well as the letter of this
document.
B. This Ordinance is enacted pursuant to authority contained in RSA
674:16. Its purpose is to promote the health, safety, prosperity,
general welfare, as well as efficiency and economy in the process of
development, of the inhabitants of the Town of Bartlett, New Hampshire,
by securing safety from fire, and other dangers, providing adequate
areas between buildings and various rights of way, by preserving the
rural charm, promoting good civic design and wise and efficient
expenditure of public funds, making adequate provision for public
utilities and other public requirements, by encouraging the wise and
appropriate use of land, and by other means. Now therefore this
Ordinance is hereby enacted by the voters of the Town of Bartlett, New
Hampshire, in legal meeting convened.
ARTICLE
II. TITLE
This Ordinance shall be known and may be cited as the “Zoning Ordinance
for the Town of Bartlett,
New Hampshire”. It is hereinafter referred to as “this ordinance”.
THIS COPY AS OF MARCH 2006. CHANGES MAY HAVE BEEN MADE
SINCE THEN AND YOU SHOULD CONFIRM WITH THE SELECTMEN THAT THIS
INFORMATION IS VALID.
ARTICLE III. ZONING DISTRICTS
A. DISTRICTS
This ordinance with authority contained in RSA 674:20 the Town of
Bartlett is divided into the following zoning districts:
‘ DISTRICT
SYMBOL
Town Residential
A TRDA
Town Residential
B TRDB
Town
Commercial TCD
Town
Industrial TID
Town National
Forest TNFD
Ridgeline and Hillside
Overlay RHOD (Amd 3/12/01)
B.
ZONING MAP
The zoning districts listed in Article III A are bounded as shown on
the map entitled “Bartlett Zoning Map” which map is made part of this
Ordinance and is hereinafter referred to as the “Bartlett Zoning Map”.
The Bartlett Zoning Map shall be certified as the official Zoning Map of
the Town of Bartlett by the Town Clerk upon adoption of this Ordinance,
or upon any amendment that affects the Zoning Map and, upon such
certification, shall be filed with the Planning Board. The Bartlett
Zoning Map is not an official map as defined in RSA 674:9-15.
C. DISTRICT BOUNDARIES
1. Town Commercial District: Includes that land which fronts on, has
direct access to, and is within 400 feet on either side of the
rights-of-way of all of Routes 302 and/or 16 which are within the limits
of the Town of Bartlett; also includes that land which fronts on Routes
302 and/or 16, has indirect access within 400 road feet, on an existing
street, to Route 302 and/or 1 6, fronts on that existing street, and is
unable or for other reasons including safety it is impractical to access
directly to Route 302 and/or 16. Lots which front upon Routes 302 and/or
16 and immediately abut a lot which has direct access to Routes 302
and/or 16 may share and utilize that direct access and as such qualify
as a commercial lot if all other requirements have been met. The direct
access and indirect access, which qualifies a lot as commercial, are the
only commercial accesses, which may be used. For lots of record on the
date of enactment of this ordinance, the Commercial District shall
include the total land area of any lot which fronts on Routes 302 and/or
16 and meets the access criteria. For the purposes of this section, a
lot of record shall include all contiguous lots under single ownership
where one of the contiguous lots fronts on Routes 302 and/or 1 6 and
meets the access criteria. The bisection of any lot by a railroad shall
not destroy the contiguity of the lot. (Amd 11/4/86)
2. Town Residential District B: All of West Side Road in the Town of
Bartlett bounded by the Saco River on the north and east and the White
Mountain National Forest on the south and west except that portion
designated as the Town Industrial District.
3. Town Industrial District: Includes all of the land on West Side
Road identified as MAP 6WSTSD PARCEL 371R00, 371R01, 399R00, 399R01 and
401R00.
4. Town National Forest District: Includes all land in the Town of
Bartlett, which is part of the White Mountain National Forest.
5. Town Residential District A: Includes all land in the Town of
Bartlett not included in the Town Commercial District, the Town
Residential District B, the Town Industrial District, and the Town
National Forest District.
6. Ridgeline and Hillside Overlay District: Includes all areas within
the town above an elevation of 800’ above mean sea level. More detailed
description is attached as an addendum to this Ordinance.
ARTICLE JV:
GENERAL PROVISIONS
A.
Effective Date and Amendments: This Ordinance shall take effect
immediately upon its adoption by regular Town Meeting or Special Town
Meeting. It may be amended by majority vote of any legal Town Meeting in
accordance with the provisions of RSA 675:3.
B. Relationship to Other Ordinances: Nothing contained in this Ordinance
shall be construed as repealing or modifying any other ordinance or
regulation of the Town of Bartlett, except as may be specifically
repealed or modified by this Ordinance, but shall be in addition
thereto. Nor shall anything in this Ordinance be construed as repealing
or modifying any private restrictions placed upon property by covenant,
deed, or other private agreement, or any restrictive covenants running
with the land to which the town is a party, but shall be .in addition
thereto. Whenever the provisions of this Ordinance differ from those
prescribed by any statutes, other ordinances, other regulations or
restrictions, or the Lower Bartlett Water Precinct Zoning Ordinance, or
the Kearsarge Lighting Precinct Zoning Ordinance, that provision which
imposes the greater restriction or higher standard shall apply. The Town
of Bartlett passed a Telecommunications Ordinance on 3/12/2002 which is
a separate document but considered a part of this Ordinance.
Q. Severability: If any section, sub-section, sentence, clause, or
phrase of this Ordinance is for any reason held to be unconstitutional
or illegal, such invalidity shall not affect the validity of the
remaining portion of this Ordinance.
D. Ordinance Compliance: Planning Board Subdivision approval will not
signify compliance with this Ordinance. Compliance with this Ordinance
or with rulings of the Zoning Board of Adjustment can only be determined
by the Board of Selectmen.
E. Technical Studies and Surveys: The Board of Selectmen, Zoning Board
of Adjustment, and/or Planning Board may require technical studies,
surveys, and any plot plans as necessary to assist it in administering
and enforcing the provisions of this Ordinance. The cost for such
studies or plans will be borne by the applicant and/or appellant. (Amd
11/4/86)
F. Sand Pits and Gravel Banks: The excavation and removal of clay,
sod, loam, sand, gravel, stone, or earth materials or minerals of any
sort is regulated by Town Ordinance “Excavations of Gravel Pits”, a copy
of which is available for inspection at the Town Hall.
G. Flood Areas: Building in floodway and floodplain areas is
regulated by Town Ordinance “Established Building Regulations in the
Floodplain”, a copy of which is available at the Town Hall.
H. Assessing Residential Property: Residential property will be
assessed as residential property irrespective of its zoning district
location.
I. Air and Water Quality: No activity will be permitted, that to a
significant degree, threatens adversely the quality of air or the
quality, purity, or permanency of any watercourse or body of water. This
provision applies to seasonal and all-season bodies of surface water and
to subsurface or groundwater.
J. Quartering of Domestic Animals: Livestock, horses, fowl, and other
domesticated animals will be kept in safe and suitable quarters. Safe
and suitable quarters include adequately fenced grounds.
K. Junk Yards and Dumps: An owner or occupant of land in any of the
said districts who shall maintain a junk yard or place for the storage
of discarded machinery, vehicles, glass, paper, cordage, refuse, or
other waste or discarded material shall take the necessary steps
including fencing and/or trees and shrubs to shield such junk yard or
dump from the view of any abutter or public way.
L. Dangerous or Unsightly Ruins: No owner or occupant of land in any
of said districts shall maintain thereon any structure ruined by fire or
storm or otherwise abandoned during construction or dangerously
dilapidated by reason of age, but within one year of the occasion of the
damage to the structure or within one year of its becoming unsafe, the
owner or occupant thereof shall either repair, reconstruct, renovate or
replace the same, returning it to a safe condition, or shall demolish
the same to the ground level, removing any remaining dangerous or
unsightly materials and shall fill all excavations, cellars, pits,
wells, and holes to ground level.
M. Land Fill: Land fill is permitted provided that said land fill is
not in conflict with rules and regulations of the NH Water Supply and
Pollution Control Commission, or such other agency or department of the
State of New Hampshire as may have jurisdiction with respect thereto.
The materials used must be clean and solid.
N. Waste Disposal Systems: Any person who is proposing to construct a
building from which waste will be discharged and which will not be
connected to municipal sewage must, prior to construction, submit waste
disposal plans and obtain approval from the New Hampshire Water Supply
and Pollution Control Commission (NHWSPCC) in accordance with procedures
established by the Board of Selectmen. For the purposes of this section,
the word building includes but is not limited to tents, barns, and
mobile homes.
Any person proposing to construct a waste disposal system must, prior to
construction, submit waste disposal plans and obtain approval from the
NHWSPCC in accordance with procedures established by the Board of
Selectmen.
Any person proposing to change the use or expand the use of a building
or take any other action which will increase or potentially increase the
amount of waste to be discharged into a septic system must submit waste
disposal plans and obtain approval for a replacement, modified or
expanded system from the NHWSPCC in accordance with procedures
established by the Board of Selectmen prior to changing or expanding the
use.
No building will be occupied or otherwise used until such time as
operational approval for an approved septic system (obtained as required
elsewhere in this paragraph) has been granted by the NHWSPCC and a
Permit to Occupy has been issued by the Town of Bartlett. (Amd 11/4/86)
0. Fire Protection: In all districts: all residential developments,
motels, hotels, inns, lodging houses, group homes, nursing homes,
convalescent homes, and rest homes, when not otherwise provided for,
shall make provisions for an all-season source of water for fire
suppression purposes in accordance with criteria established by the
Board of Selectmen with the advise and guidance of the Fire Chiefs.
(Amd3/9/93)
P. Outdoor Lighting: The following provisions apply to the placement
of outdoor lighting:
(1) In the TCD and TID for commercial and industrial enterprises,
installation of outdoor lighting shall be governed by the following
criteria:
(A) Each light source intended to light a site shall be on the site
which it serves. For example, light sources such as flood lights mounted
on utility poles within the public right of way for the purposes other
than street lighting shall be prohibited.
(B) Light fixtures shall meet one of the following criteria:
1. Fixtures located 10 ft or less from the Green Area setbacks shall be
a “full cut-off” fixture defined as one that controls glare and skyglow
by directing light below the horizontal plane of the fixture OR
(Amd 3/9/04)
2. Fixtures located more than 10 ft from the Green Area setback can have
a maximum of up to 60
degrees
of cut off OR (Amd 3/9/04)
3. The maximum initial lumens generated by each fixture shall not exceed
2000 lumens, which is roughly equivalent to a 150 watt incandescent
bulb.
(C) Lighting under canopies shall be recessed and shall have flush
mounted lenses or shall be indirect lighting where light is focused
upward and then reflected down by the underside of the canopy. If the
lighting is indirect, the light fixture shall be shielded so that the
direct illumination is focused exclusively on the underside of the
canopy.
(D) Light fixtures, except those under canopies, shall not be
mounted more than 15 feet above grade. (Amd 3/9/04)
(E) Lighting intensity shall be adequate to serve the needs of the
business to avoid light trespass. Any new outside lighting whether for
area illumination, building illumination, or other purpose, will project
no more than 3 percent of its light rays above the horizon from the
lamp, its lens structure or any associated reflector. For the purpose of
this section, the needs of the business do not include excessively high
lighting levels that make the site a beacon to attract attention.
(F) New signs or newly lit signs may be illuminated only by
continuous indirect white light, with illumination from above, and with
light sources shielded so that they will not constitute a nuisance or
hazard caused by glare to neighbors, pedestrians, or drivers. An
exception to overhead sign lighting can be made if the illumination is
confined to the area of the sign.
(2) In the TRDA and TRDB residential districts, this ordinance does not
apply to single lots. Lighting common to more than one lot, for example,
streetlights in a private development, must adhere to this ordinance.
Q. Site Plans — In accordance with
the provisions of NH RSA 674:43, the Bartlett Planning Board is herby
authorized to review and approve or disapprove site plans for the
development, change or expansion of use of non-residential tracts where
the total square footage of the footprint of the building or buildings
is greater than 5,000 sq. feet. The Town Clerk will file with the
Register of Deeds of Carroll County a certificate of notice showing that
the Planning Board has been so authorized, giving the date of such
authorization. (Added 3/9/04)
ARTICLE V. SIZE
LIMITATIONS
A.)
Maximum building height 1) will not be more than 38 feet representing
the vertical distance from the lowest point of finished ground level
adjoining the building to the high point of any roof or parapet AND 2)
will not be more than 30 feet representing the vertical distance form
the lowest point of finished ground level adjoining the building to any
eave (eave being that point where the roof meets the outside wall i.e.:
the overhang will be excluded). Finished ground level or grade means
that level or grade which blends naturally with the surrounding terrain.
Retaining walls and/or artificial grades created by fill may not be used
to modify the measured height of a building. The height limitations of
radio and television antennas, silos for storage of feed crops, church
towers, cupolas, water storage structures, chimneys, radio towers,
telecommunication towers, ski area tramways, flagpoles, or ski area
crash fences and any other similarly slender, unoccupied structures
shall not exceed 60ff in height from the lowest point of finished ground
level except by obtaining a special exception under Article XVIII-D1-U.
(Amd 3/11/97)
On any ridge line or ledge where the sky is the backdrop when viewed
from Route 16 or Route 302, structures will be located and limited in
height so as not to allow any portion of the building to have the sky as
a backdrop as seen from said highways. (Added 3/9/04)
B.) Maximum Building Footprint: The maximum footprint of any individual
building at finished ground level shall not exceed 25,000 square feet.
The calculation of the footprint shall include all enclosed areas and
all attached roofed structures associated with the building, including
but not limited to decks, porches, patios, storage sheds, vehicular
parking areas, and maintenance areas. Covered exterior walkways intended
to provide pedestrian access between separate buildings shall not be
included. (Added 03/14/06)
ARTICLE VI.
MINIMUM LAND AREA REQUIRED
For the purpose of promoting health and the general welfare of the
community and to regulate lot sizes, open spaces, and/or density of
development, the following minimum land area requirement is established:
A) This article provides instructions for determining minimum land area
required (MLAR) per dwelling unit and for commercial and industrial
enterprises in all applicable districts.
1) Minimum Land Area Required by soil types for establishing MLAR (in
square feet) per 3 or less bedroom dwelling unit and all commercial and
industrial enterprises are shown in Table 1 to this Article.
2) Dwelling units with less than 3 bedrooms will be calculated as 3
bedrooms.
[TABLE 1 TO ARTICLE VI
SOIL GROUPING
SLOPE
CLASSIFICATION %SLOPE 1 2
3 4 5
30,000 39,000 48,000 43,500 90,000
AB 0-8%
1.0 1.3 1.6 1.45 3.0
33,000 43,000 53,000 48,000
C 8-15%
1.1 1.43 1.76 1.6 N/A
36,000 46,800 62,000 52,000
D 1 5-25% 1
.2 1 .56 2.08 1 .73 N/A
39,000 50,700 72,000 57,000
E 25-35% 1
.3 1 .69 2.4 1 .90 N/A
B. For residential development with more than 3 bedrooms per dwelling
unit, the MLAR is proportionately larger than the MLAR indicated in the
MLAR by Soil Type Table, as determined by the formula:
MLAR = Number of bedrooms
x MLAR from Table 1
3
C. For commercial and/or industrial uses, the MLAR shall be determined
by the formula:
MLAR = Max. gals. Discharged/day
x MLAR from Table 1
1837 (gals./day/40,000sf)
(Formula is based on
loading rates listed in the NHWSPCC “Guide for the Design, Operation and
Maintenance of Small Sewage Disposal Systems”, January 1978, as amended)
MLAR for commercial and industrial uses shall not be less than the
minimum stipulated by the Minimum Land Area Required by soil type table
or 40,000 sf whichever is greater.
D. Where more than one soil type is present in a parcel proposed for
subdivision, the maximum number of lots or dwelling units to be
permitted on that parcel will be determined by summing the number of
units permitted for each group of soil present in the parcel. The number
of units permitted for a single type of soil is determined by dividing
the area (in square feet) covered by the soil type by its MLAR by Soil
Type from Table 1.
Max. Number of Units =
Area (soft) of Soil A +
Area (soft) of Soil B + etc.
MLAR from Table 1 MLAR from Table 1
E. Relationship between State and Local Regulations. Where both State
and Local regulations are applicable, the most stringent regulation
shall take effect. If the State regulation addresses an issue not
included in the local regulation or if the local regulation addresses an
issue not included in the State regulation, that regulation shall
automatically apply.
F. For all proposed subdivision of land, a High Intensity Soil Map
(HIS) will be prepared and submitted to the Planning Board prior to
granting of final approval. A High Density Soil Map is a map of a parcel
of land being considered for development, on a perimeter survey, with a
scale of one inch not to exceed one hundred feet and contour intervals
of two feet or less, where soils are identified and mapped in accordance
with the high intensity soil mapping standards adopted by the Carroll
County Conservation District. High Intensity Soil Maps will be prepared
by a soil scientist, qualified in soil classification and mapping, who
is recommended or approved by the New Hampshire State Conservation
Committee. The Planning Board may waive the requirements of this section
in those cases where a HIS is determined not to be necessary to assess
the capacity of the land to accept the proposed subdivision. The
initiative for waiving the requirements contained herein may come from
the Planning Board or the developer/sub divider. A request for waiver
received from the developer and or sub divider must be properly
documented and is subject to verification if necessary by the Planning
Board. The Planning Board may use such Professional services and advice,
as it deems necessary in administering the provisions of this section
with costs to be borne by the developer/sub divider.
G. Single house lots of record are exempt from the provisions of this
Article. (Amd 7/28/87, 11/8/88)
ARTICLE
VII. MINIMUM FRONTAGE
For the purpose of promoting health and the general welfare of the
community and to regulate density of development, the following minimum
frontages are established:
Town Commercial District, Town Residential District B and Town
Industrial District — the minimum
frontage in these three districts is 200 feet on Route 302, Route 16
and/or West Side Road for commercial and industrial enterprises. (Amd
3/12/96) In all districts, minimum frontage for a residential property
is 50 ft. The requirements of this paragraph as to minimum frontage
shall not apply to any lot, which is a duly recorded and lawful lot of
record at the time of adoption of this Ordinance. (Amd 11/8/88)
ARTICLE
VIII. DENSITY
In ALL
Districts, for all commercial and industrial uses not more than 75% of a
lot, tract or parcel of land’s capacity for septic disposal will be
utilized. All plans and/or proposals for the commercial and industrial
utilization of land will include a determination from NHWSPCC of the
maximum number of patrons, tables, gallons per day, employees, or other
form of measurement allowable under its current criteria against which
the 75% will be applied. (Amd 11/4/86, 3/9/93)
ARTICLE IX.
GREEN AREAS
For the
purpose of promoting health and the general welfare of the community and
to preserve an environmentally esthetic community, the following green
areas are established (trees, other natural growth, and landscaping
including flowers, shrubbery, and lawns shall be preserved and
maintained in order to present an esthetically pleasing environment).
For the purpose of this section, the front area is defined as the area
of the lot which determines its frontage, the back area is directly
opposite the front area, and the side areas are all other areas of the
lot. (Amd 3/12/96) Where it is necessary to create a green area to meet
this requirement a combination of trees, shrubbery, flowers, and
lawn/grass will be planted and maintained to insure a buffer between
properties except in such limited uses such as ski trails or golf course
fairways, where the strict application of this requirement would be
inconsistent with the permitted use and serves no beneficial purpose.
(Amd 3/9/04)
A. Commercial and Industrial enterprises in the Town Commercial
District, Town Industrial District, Town Residential District B:
1) FRONT AREA — In the setback
area from the centerline of Rts 16, 302 and West Side Rd., the green
area will begin at the right-of-way boundary line and will be located
between the side green areas. A minimum of 50% of the green area will
extend back a minimum of 25 ft. and a maximum of 50% of the green area
will extend back a minimum of 10 ft. The green area requirement will be
fulfilled by planting and maintaining a combination of lawn/grass,
shrubbery, flowers and/or trees to create and maintain an esthetically
pleasing environment, while still allowing visibility for commercial
enterprises. Normal entrance and exit road or driveways are excluded
from these requirements up to a total of 66 feet combined, and will be
located at least 100 feet apart. No more than 25% of this area can be
lawn/grass. No activity or use whatsoever is permitted on the roadside
of this green area. (Amd 3/9/04)
2) SIDE AND REAR AREAS — 2a)
Starting at right of way of highway, a minimum of 25’ side set back of
forest growth will be maintained naturally. Where natural growth has
been cut, trees shall be replanted and natural growth shall be allowed
to return. One driveway entrance/exit, up to 30’ in width, will be
allowed through the side green area provided it is located no closer
than 75’ from right of way of highway. 2b) A minimum of 10’ of rear
setbacks of forest growth will be maintained naturally. Where natural
growth has been cut, trees shall be replanted and natural growth shall
be allowed to return. One driveway entrance/exit, up to 30’ in width,
will be allowed through the rear green area. (Amd 3/9/04)
3) The green area requirements of this section may be satisfied by
lawn and/or grass along the common boundaries of contiguous lots, where
the abutting lot is controlled by the same entity or person through a
Special Use Permit from the US Forest Service. Upon termination of the
Special Use Permit, the green area provision of Article IX Sections A-i,
2, and 4 shall apply. The lapse, termination, or expiration of the
permit shall not result in a vested, grandfathered non-conforming use.
(Added 3/14/00)
4) Side and rear areas for pre-existing, non-conforming commercial
uses in the Town Residential District A- A minimum of 25 feet of the
side setbacks and 10 feet of the rear setbacks will be created and/or
maintained by leaving natural growth. (Amd 3/9/04)
B. Residential Developments in All Districts: In the setback from the
centerline of Rt. 1 6, 302, and West Side Road or other access roads,
the green area will begin at the right-of-way boundary and extend back a
minimum of 25 ft. (where rights-of-way cannot be determined, the
right-of-way is assumed to be 66 ft). For all other outside property
boundaries, the green area will encompass the entire setback area
(15ft). No activity or use whatsoever is permitted on the roadside of
this green area.
C. In order to insure compliance with this Article, a sketch or plan
giving general detail of the proposed green area, routine maintenance
work (Amd 3/12/96) or changes to the green area must be submitted to the
Board of Selectmen. (Add 3/9/93)
D. In all zoning districts: Area cleared of vegetation shall be promptly
re-vegetated. Development on slopes of 25% or more shall provide for
retention and stabilization of these slopes. Adequate drainage and
detention plans, representing best land management practices, shall be
submitted to planning board prior to issuance of subdivision approval or
board of selectmen prior to issuance of building permit. (Added 3/9/04)
ARTICLE X.
OPEN SPACE, COMMON AREA. AND CLUSTER DEVELOPMENT
For any
residential development of 5 acres or more, a minimum of 15% of the
total land area suitable for recreation will be set aside as common open
space for the use and enjoyment of the residents of the development.
This common open space shall be permanently restricted for the
recreation, open space and/or conservation use and will be protected and
maintained by a homeowners or condominium association. On the remaining
land, clustering of housing units is permitted and encouraged in order
to further preserve open spaces, to provide efficient and economical use
of land and to provide flexibility in subdivision design. Areas reserved
or used for outside property setbacks (excludes setbacks from internal
roadways) may be included in calculating the 15% open space requirement.
This provision is not intended to limit the number of bedrooms
authorized for a particular tract or plot of land beyond that number
authorized by the State of NH or elsewhere in this Ordinance.
ARTICLE XI.
SETBACKS
For the purposes of promoting health and the general welfare and to
preserve an environmentally esthetic community, the following setback
requirements are established (for the purpose of this section, setback
will be measured from the road centerline or right-of-way, property
line, or nearest normal high water mark of a water course or body of
water to the nearest projecting portion or part of any building or other
structure). Signs are exempt from the provisions of this Article.
A. Town Commercial District, Town Industrial District, and Town
Residential District B:
1) For commercial and industrial enterprises, all structures will be
setback a minimum of 115 ft. from the centerline of Rt. 16, 302 or West
Side Road, and a minimum of 50 ft. from all other property boundaries.
The common boundary of contiguous lots, where the abutting lots is
controlled by the same entity or individual through a Special Use Permit
from the US Forest Service shall be exempt from setback requirements for
the uses allowed under the terms of the Special Use Permit and permitted
within the district. The lapse, termination or expiration of the permit
shall not result in a vested, grandfathered, nonconforming use. (Amd
3/14/00)
2) For residential developments (see Article XIX Definitions), all
structures will be setback a minimum of 115 ft. from the centerline of
Rt. 1 6, 302 or West Side Road, 40 feet. from the centerline of streets
internal to the residential development and 15 ft from all other
property boundaries.
3) For single of duplex homes on a single lot, all structures will be
setback a minimum of 115 ft from the centerline of Rt. 1 6, 302, or West
Side Road and 15 ft from all other property lines.
B. Town Residential District A:
1) For residential developments (see Article XIX Definitions) all
structures will be setback a minimum of 60 ft. from the centerline of
access streets, 40 ft from the centerline of streets internal to the
residential development and 15 ft. from all other property boundaries.
2) All other structures will be setback a minimum of 60 ft. from the
centerline of streets and 15 ft. from all other property lines.
C. Town Commercial District, Town Industrial District, and Town
Residential District B: Vehicles and/or equipment for sale or use,
or in any other way associated with industrial and commercial
enterprises will not be parked in any street right-of-way or parked,
stored, or displayed within 35 ft. of street right-of-way or other
property boundaries.
D. All Districts: Any buildings or structures except wharves, piers,
docks, or bridges will be setback a minimum of 20 ft. from the normal
high water mark of any watercourse or standing body of water.
1) All structures located along the Saco River Corridor will have a
minimum setback of 50’ from the normal high water mark as defined by the
State of NH per RSA 483-B;4, 11-A.
E. No structure or any part thereof designed for habitation will be
located within 25 ft. of another structure.
F. Additions to Structures of Record: A structure of record on the
date of enactment of this amendment (8/27/95), which does not meet
setback requirements on one or more dimensions or sides, may extend that
dimension or side, one time only no more than 50% of the existing
dimension. In no case, will the extension or addition violate any
existing non-conforming setbacks or any other setback requirements. (Amd
11/4/86)
G. Fences: Fences in excess of 6 ft 6in height are considered
structures and must comply with all setback requirements. (11/4/86)
H. In all districts, decks, stairways, landings, and bona fide
handicap access structures that are less than forty-eight (48) square
feet in size and which are no closer than ten (10) feet to any property
line are not considered structures for the purpose of determining
setbacks. (Add section 3/10/92)
ARTICLE
XII. NON-CONFORMING USES. LOTS AND STRUCTURES
A.
On the date of enactment of this ordinance:
1) All lots of record, which do not meet the minimum lot size and/or
minimum frontage, are grand fathered, i.e., they may be used for all
conforming uses.
2) All existing structures, which do not meet minimum requirements of
this ordinance (height, setback, etc.), are grandfathered, i.e., they
may be used for all conforming uses.
3) All lawful uses of any lot (conforming or non-conforming) may be
continued although such use does not conform to the provisions hereof.
4)All lawful uses of any structure (conforming or non-conforming) may
be continued although such use does not conform to the provisions
hereof.
5) The extension, enlargement, or intensification of any
non-conforming building, structure or use is not permitted except as
provided elsewhere in this article.
B. After enactment of this Ordinance:
1) Changing a conforming use to a non-conforming use is not permitted.
2) Changing a non-conforming use to another non-conforming use is not
permitted.
3) A non-conforming use existing on a lot of record on the date of
enactment of this Ordinance may be expanded or enlarged on that lot
only.
4) Changing or replacing a non-conforming structure to increase its
degree of non-conformity is not permitted.
5) Changing or replacing a conforming structure to make it a
non-conforming structure is not permitted.
6) Construction of a non-conforming structure is not
permitted.
7) Non-conforming structures destroyed by fire or natural disaster or
obsolescence may be repaired or replaced if the degree of non-conformity
is not altered. (Amd 3/03)
8) Creation of a non-conforming lot is not permitted.
C. A non-conforming use, lot, structure or sign, shall only be
re-established after discontinuance when:
1) A notarized and certified (return receipt requested) letter of
intent to re-establish is filed with the
Board of Selectmen no later than one (1) year after discontinuance and
2) Documentation supporting the existence of the use on the date of
enactment of this Ordinance
accompanies the letter of intent. In no case will a non-conforming use,
lot, structure or sign be reestablished after a period of ten (10)
years of discontinuance. (Amd 3/9/99) -
ARTICLE XIII.
PERMITTED USES
A.
Town Residential District A: The purpose of this district is to
provide for residential neighborhoods adjacent to facilities provided in
the commercial district. Permitted uses are as follows:
1) Single-family,
two-family, and multi-family dwellings not to exceed 10 residential
units.
2) Inns and lodging houses.
3) Home industry (See Article XIX Definitions for general restrictions)
4) Accessory structures
5) Churches
6) Agriculture
7) Forestry
8) Essential services
9) Residential development except that no single structure will exceed
10 residential units
10) Cross-country ski trails
11) Golf courses (excluding clubhouse facilities, which must be in
TCD)
B. Town Residential District B: The purpose of this district is
to maintain a substantially residential area on West Side Road by
allowing only a few selected commercial activities. Permitted uses are
as follows:
1) Rest homes, convalescent homes, clinics, and nursing homes.
2) Veterinary clinics, commercial stables, riding schools
3) All TRDA permitted uses
C. Town Commercial District: The purpose of this district is to
provide selected commercial services to residents and transient traffic
in consonance with the desires of the citizens of the Town of Bartlett
to separate commercial and residential areas. Permitted uses are as
follows:
1) Retail stores and shops
2) Restaurants
3) Rest homes, convalescent homes, clinics, and nursing homes
4) Small industry
5) Veterinary clinics, commercial stables, riding schools
6) General building contractor headquarters and facilities
7) Motels, hotels, tourist courts, and cabins
8) Health and racquet clubs
9) Skiing facilities
10) Home heating oil business
11) Archery ranges
1 2) Miniature golf
13) Laundromats, laundry and/or dry cleaning services
1 4) Filling stations
15) Auto repair shops
1 6) Golf courses
1 7) Commercial tennis courts
18) Building supply and/or hardware stores
19) Office buildings
20) All TRDA permitted uses
21) Railroad (added 10/8/91)
22) Museums (added 10/8/91)
23) Car dealership (added 3/10/92)
24) Private schools (added 3/10/92)
~. 25) State
regulated day care facilities (added 3/10/92)
26) Multi-function, Research, Education and/or Cultural Facility
(Added 3/14/00)
27) All rental businesses not defined as renting a motorized
vehicle (added 3/11/03)
(Car Wash was deleted as a permitted use and became a Special Exception
xvlll-D-w on 3/11/03)
D. Town Industrial District: The purpose of this district is to
provide for accommodation of clean, light industrial enterprises.
Permitted uses are as follows:
1) Light manufacturing and/or assembling
2) Machine and tools and die shops
3) Warehouse facilities
4) All TRDA and TRDB permitted uses
E. Town National Forest District: The purpose of this district
is to maintain and protect the White Mountain National Forest.
1) Those uses permitted by the United States Government or any of its
departments in the Saco River District of the White Mountain National
Forest.
2) Agriculture uses
ARTICLE
XIV. PROHIBITED USES
Any use
not specifically permitted in Article XIII and for which exceptions are
not permitted in Article XVIII are prohibited.
* Pursuant to NH RSA 674:16 V
- Aircraft takeoffs and landings on
private land shall not be considered a valid or permitted accessory use
in any district. (Amd 3/9/99)
ARTICLE
XV. OFF STREET LOADING AND PARKING
Whenever
any new use is established or any existing use is enlarged, off-street
loading and parking shall be provided in accordance with the following
provisions:
A) All new construction of institutional, commercial or industrial
uses requiring off-street loading facilities shall make provisions for
delivery vehicles to be parked outside of the street right-of-way.
B) Each new residential dwelling unit shall be provided with at least
two off-street parking spaces. C) Any new hotel, motel, tourist
accommodation or lodging unit shall provide one parking space for each
unit.
D) Any new commercial or industrial use shall provide one space for
each three anticipated patrons or employees on the premises at any one
time.
E) Any new church, theater, hall, and auditorium shall provide at least
one parking space for every four seats.
F) A single parking space is defined as being two hundred (200) square
feet in area.
G) One-third of the off-street parking requirement may be satisfied
with existing on street parking where available. (Add 3/10/92)
H) Parking provided by public lots in lieu of or in combination with
on-site parking may be utilized when provided within a distance not to
exceed four hundred (400) feet. (Amd 3/10/92)
I) Parking lots shall not contain more than eighty (80) spaces of a
minimum of 200 sq ft each in no more than two rows separated by an
access lane. These parking lots shall be separated by not less than
fifteen (15) feet of maintained growth on all sides with no more than
25% to be grass/lawn and not less than 5% trees of a minimum five (5)
foot height. Parking lots of 20 or less spaces are exempt from this
provision.
ARTICLE
XVI. SIGNS
The
following provisions shall apply to the location, erection, and
maintenance of signs within the Town of Bartlett:
A) General:
1) No person shall erect any outdoor sign that is visible from a
public way except in conformance with this Ordinance.
2) A building and use permit shall be obtained for any
sign covered under this Ordinance.
3) No outdoor sign shall be attached to any tree, fence or utility
pole or be painted upon or otherwise directly affixed to any rock, rock
face or other natural feature.
4) No outdoor sign shall be erected at any location where by reason of
position, shape, wording, lighting or color, it interferes with or
obstructs the view of pedestrian or vehicular traffic or which may be
confused with any authorized traffic sign, signal or device.
5) All signs and their supporting structures shall be properly
maintained to prevent rust, rot, peeling, or other deterioration.
6) Only one or two sided flat signs where the sides are in the same
single geometric plane are permitted. In determining the square foot
area of a sign, only usable message area of one side of the sign is
counted. (Amd 11/8/88)
7) No sign shall have visible moving parts or have blinding, moving,
flashing illumination or be a mechanical or digital changing message
board of any size, be internally lit or be neon-lighted or consist of
banners, pennants, ribbons, spinners or similar moving, fluttering or
revolving devices, streamers, flags, inflatable devices, or any similar
devices no matter how displayed. United States, State of New Hampshire,
national and/or one (1) decorative/informative flag shall be allowed.
Decorative or informative flags shall not be more than three (3) feet in
height and five (5) feet in length. Only three (3) such flags will be
permitted. (Amd 11/8/88, 3/10/92, 3/9/04)
8) No ground sign shall be closer than fifteen feet to a lot line.
9) No ground sign shall be within any right of way as determined by
the Board of Selectmen or, if no right of way can be determined, a right
of way of 66 feet will be assumed.
10) No outdoor sign shall be erected on any premises other than
on the premises where the activity to which the sign pertains is
located. (Amd 3/10/92)
11) The use of any sign lawfully in existence at the time of the
adoption of this Ordinance may continue although the sign does not
conform to the provisions of this Ordinance. Normal maintenance and
repairs are permitted but the sign shall not be altered, or enlarged
except in conformance with this Ordinance; however, a non-conforming
sign may be altered to decrease its degree of non-conformity.
1 2) Any structure, article or similar device designed to attract
attention to the activity on the site will be deemed a sign and will
comply with the provisions of this Ordinance. (Amd 11/8/88)
13) Signs will be assessed and taxed as structures where
applicable. (Amd 3/10/92)
14) Signs on motor vehicles, boats, and/or trailers, which are
determined by the Selectmen to be circumventing the intent of this
Ordinance, are prohibited. Circumventing shall include, but no be
limited to, signs which are continuously in the same location, or are
displayed on a vehicle that is unregistered and or un-inspected, or
signs that extend beyond the height, width, or length of the vehicle.
(Added 3/12/02, Amd 3/9/04)
B. On Premise signs in the LCD shall meet the following conditions:
1) No lot shall contain a total of more than four (4) signs having a
total combined message area not to exceed a total of sixty (60) square
feet. No one sign shall contain more than forty-eight (48) square feet
of message area.
2) No ground sign shall have a height greater than eighteen (18) feet
above ground level; no roof sign shall have a height greater than three
(3) feet above the roof of the building to which it is attached.
3) Window advertising shall be limited to twenty-five per cent (25%)
of the gross window area. Window advertising shall not be counted in
determining the maximum sign area allowed.
4) Outdoor signs allowed under paragraph B may be displayed as:
a) ground signs b) wall or roof signs c) projecting signs or
d) a combination of these but the total sign area of all such signs
displayed must not exceed 60 square feet. The signs listed in paragraph
B-3 are not to be counted in determining the 60 square foot maximum.
5) For multiple business enterprises on the same lot, the maximum sign
area of sixty (60) square feet or the sign area square footage in
existence on the date of enactment of this Ordinance may be increased by
sixteen (16) square feet for each additional business. Each additional
sign may only be used by the new business being created (Amd entire
section 3/10/92) OR for Clustered business enterprises of three or more
on the same lot, one main directory-style sign is permitted with a
maximum sign area of one hundred and twenty (120) square feet or the
sign area square footage in existence on the date of enactment of this
Ordinance and may add one ten (10) square foot sign for each additional
business AFFIXED at their entrance DOOR only. Each additional sign may
only be used by the new business being created. Clustered business
enterprise is defined as three or more businesses on the same lot with a
common driveway, common parking lot, and with each business under
separate and distinct ownership. (Amd 3/12/96)
6) On premise signs in the Town Commercial District shall meet the
following conditions to include: No signs, except official business and
directional signs shall be erected inside of the public right of way. In
addition, if the paved surface of the road extends to the edge of the
right of way, signs must be located at least 6 feet from such paved
surface. (Added 3/12/02)
A. On premise signs in the TRDA, TID, and TRDB shall meet the
following conditions:
1) Be limited to one sign per business, profession, service
enterprise or premises.
2) Be no larger than 16 square feet exclusive of supports.
3) May be a ground sign, projecting sign or wall sign.
4) Ground signs shall not exceed 8 feet above the natural ground
level.
5) In the TID for multiple business enterprises on the same lot served
by a single entrance to West Side Road, a maximum sign area of
thirty-two (32) square feet is permitted. The maximum thirty-two (32)
square feet may be increased by sixteen (16) square feet for each
additional business beyond the first business. Each additional sign may
only be used by the new business being created. (Amd 3/10/92)
B. Off Premise Signs: Off premise signs are prohibited in all
districts except as provided elsewhere in this Ordinance. (Amd 11/4/86)
E. Temporary Activity Signs: Temporary activity signs advertising
activities occurring no more than twice annually and which are of seven
days or less in duration as follows:
1) Special promotional signs or banners, for public or institutional
events, no larger than forty (40) square feet may be erected no sooner
than seven (7) days prior to the event and will be removed no later than
three (3) days subsequent to the event. Only one such sign is permitted.
2) Special promotional signs or banners, for public or institutional
events, no larger than two hundred (200) square feet that cross a public
or private road may be erected no sooner that seven (7) days prior to
the event and will be removed no later than three (3) days subsequent to
the event. Only one such sign is permitted.
3) Garage, barn or yard, church fair/bazaar, seasonal fruit or
vegetable, or charitable/non-profit sale signs no larger than twelve
(12) square feet may be erected.
4) Political, election, primary, or referendum signs no larger than
twelve (12) square feet may be erected no sooner than three (3) weeks
before voting day and will be removed no later than one week subsequent
to voting day.
5) Not more than four (4) off-premise special event identification and
directional signs not to exceed sixteen (16) square feet each may be
erected no sooner than two (2) days prior to the event and will be
removed no later than two (2) days subsequent to the event. The Board of
Selectmen must approve the location of these signs. (Amd entire section
3/10/92)
6) Any business entity wishing to erect temporary signs advertising
real estate for sale or contracted labor at the site shall be permitted
by annual permit through the selectmen’s office. Signs shall be removed
no later than 15 days after a real estate closing or the completion of
contract. Failure to comply with this ordinance will result in
revocation of said permit. (Added 3/9/04)
C. Grand Opening and Holiday Promotional Activity Signs: Grand opening
and holiday promotional activity signs advertising events occurring no
more than six (6) times annually and which are four (4) days or less in
duration as follows:
1) Only one such on-premise sign is allowed.
2) The maximum square footage of said sign is limited to forty (40)
square feet.
3) They may be erected no sooner than the first day of the event and
must be removed no later than the last day of the event.
4) Balloons, banners and/or flags may be attached to said sign.
5) A building and use permit is required for such signs. (Add section
3/10/92)
D. Off-site open house real estate signs advertising open house
activities occurring no more than three (3) times annually per property
and which are of three (3) days or less in duration as follows: 1) They
shall be no more than four (4) square feet in size. 2) A building and
use permit is required for each such sign. (Add section 3/10/92)
E. EXEMPTIONS. The following type signs are exempt from the terms of
this Ordinance:
1) Official signs of State and Local government.
2) Directional signs for Bartlett businesses only, approved by,
obtained from, and erected in accordance with procedures and rules
established by the State of New Hampshire Department of Transportation,
Special Services Division, John 0. Morton Building, Concord, NH.
3) Personal information signs such as those indicating property
address, resident’s names, property names, or trespass limits.
4) Directional, informational, warning, and/or safety oriented signs
not directed to or readily visible from the public way and/or required
by State law or regulation or for the control, movement, and/or
protection of patrons.
5) Internally lit open/closed and/or vacancy/no vacancy signs located
inside the building and which do not exceed two (2) square feet in size.
(Amd 3/10/92)
I. If the Board of Selectmen shall find that any sign regulated in
the local Ordinance which is abandoned, unsafe or insecure, or is a
menace to the public, the Selectmen shall give written notice to the
named owner of the land upon which the sign is located, who shall remove
or repair the sign within fifteen (15) days from the date of the said
time period. The Selectmen shall revoke the permit issued for such sign.
(Added 3/9/04)
ARTICLE
XVII. ADMINISTRATION. ENFORCEMENT AND PENALTIES
A. It
shall be the duty of the Board of Selectmen to enforce and administer
the provisions of this Ordinance. The Board of Selectmen shall
administer this Ordinance literally and shall not have the power to
permit any use of land or buildings, which is not in conformance with
this Ordinance. Variances and exceptions can only be approved by the
Zoning Board of Adjustment.
B. Any person, firm
or corporation (1) intending to move or any way re-locate a building,
trailer, mobile home or other structure or (2) intending to build,
construct, or modify (internally and or externally) any structure or
taxable property in the Town of Bartlett (internal modifications will
require a building and use permit unless such modifications will not
change the legally assessed value of a structure or will not result in
increased daily flow of septage e.g., adding a bathroom, bedroom,
fireplace, etc.), or (3) intending to change a parcel of land or
building from one category of use, including unused land, to another
use, or (4) intending to construct, attach, or emplace any sign shall
obtain a Building and Use permit from the Board of Selectmen by the
following procedure (Amd 11/4/86,3/9/04):
1) An application for a permit shall be submitted to the Board of
Selectmen.
2) The Board of Selectmen shall review the application and when
satisfied that the proposed action is in conformity with this Ordinance,
the Subdivision Regulations and other relevant ordinances, shall issue a
Building and Use permit.
3) If the Board of Selectmen determines that the application fails to
conform with applicable ordinances, they shall deny the permit, stating
in writing the reasons for their action. Appeals from a decision by the
Board of Selectmen to deny a building and use permit can only be made to
the Zoning Board of Adjustment.
4) The Board of Selectmen shall establish appropriate procedures, forms
and fees for administration of this section. (Added 3/9/04)
C. Plot plans may be required by the Board of Selectmen and/or Zoning
Board of Adjustments and may be required to be prepared by a registered
engineer or surveyor when necessary for proper administration of this
Ordinance.
D. The Board of Selectmen or its designated agent shall make
inspections, as appropriate, to ensure conformity with the provisions of
this Ordinance.
E. Upon receiving information that this Ordinance is being violated,
the Board Of Selectmen shall take immediate steps to enforce the
provisions contained herein, however, failure to do so will not
constitute a waiver of the Town’s right to take such action.
F. Pursuant to NH RSA 676:17 —
Any violation of the Town of Bartlett Zoning Ordinance is punishable by
a civil fine not to exceed the maximum allowable dollar amount under the
Statue for each day that such violation is found by a court to continue
after the conviction date or after the date on which the violator
receives written notice from the municipality that he/she is in
violation of the Town of Bartlett Zoning Ordinance whichever date is
earlier. (Amd 11/4/86, 3/9/04)
ARTICLE
XVIII. BOARD OF ADJUSTMENT
A.
Creation. Within thirty (30) days after the adoption of this Ordinance,
the Board of Selectmen shall appoint a Board of Adjustment consisting of
five members whose duties, terms, and powers shall conform to the
provisions of RSA 674:33. Thereafter as terms expire or vacancies occur,
the appointing authority shall be responsible for filling vacancies and
maintaining full membership. Up to three alternates may be appointed by
the Board of Selectmen. The number of alternates to be appointed will be
determined by the Zoning Board of Adjustment.
B. Authority. The Zoning Board of Adjustment is authorized to:
1) Hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by the Board of
Selectmen.
2) Hear and decide special exceptions as provided in this ordinance.
3) Hear and decide variance requests.
C. By-Laws. The Zoning Board of Adjustment will promulgate by-laws
which will include as a minimum:
1) Election and duties of officers.
2) Conduct of meetings:
a) When they will be held
b) Order of business:
1) Roll call.
2) Approving minutes
3) Unfinished business
4) Public hearings
5) New business
6) Communications and miscellaneous business
7) Adjournment
3) Handling an Appeal:
a) Application filing
b) Notification of public hearing
c) Conducting the public hearing —
disqualification
d) Findings of fact
e) Notification of decision
4) Records.
5) Amending By-laws.
D. Special Exceptions.
1. The Board of Adjustment will, subject to conditions and safeguards
outlined below in this section, grant special exception for the
following uses and/or conditions not permitted in this Ordinance.
a) Home Industry- more than 3 but less than 6 employees in addition to
the family in a home industry in the TRDA and TRDB.
b) Setbacks — a deviation of 20%
from all setback requirements in all districts. (Amd 11/4/86, 3/10/92)
c) Warehouse facilities in the TCD
~ d) State regulated group homes in the TCD not to exceed 15
members.
e) Private schools in the TRDA and TRDB. (Amd 3/10/92)
f) State regulated day care facilities in the TRF)A and TRDB.
(Amd 3/10/92)
g) Shopping centers and/or malls in the TCD not to exceed 100,000sf.
h) Campgrounds in the TCD and TRDB which have a Minimum of 625
square feet per campsite; which make adequate provision for trash
removal; which meet all state requirements; and when 40% of the total
lot area is
reserved for recreation and/or open space.
i) Helipads in the TCD.
j) Parking provided by public lots in lieu of or in combination with
on-site parking may be utilized when provided within a distance not to
exceed four hundred (400) feet (see Article XV).
k) Office buildings in the TRDA and TRDB not to exceed 2000
square feet.
L) In all districts, establishment of, or construction of a building
for, or change of use to, a Town Residential District A permitted use on
a lot of record on the date of enactment of this Ordinance when setback,
minimum lot size and/or minimum frontage cannot be met; in no case,
however, will a structure be built within 10 feet of a property
boundary, right of way or watercourse.
m) Fences in excess of 6 feet 6 inches that do not meet setback
requirements. (Amd 11/4/86)
n) Indoor/Outdoor Theaters in the TCD only. (Amd 10/8/91)
o) Guardhouse structures less than thirty-six (36) square feet in size
may be permitted to be constructed within or at the right of way line of
a privately owned road provided that in no instance will either lane of
said private road be less than ten (10) feet in width. The ZBA shall
require that upon the conveyance of the privately owned road to the Town
as a town road, the owner/developer shall remove any such permitted
structures at its own cost and expense. (Add 3/10/92)
p) Owner occupied/manager occupied kennel in all districts. (Add
3/10/92)
q) Firewood processing for sale business in all districts. (Add
3/10/92)
r) Agricultural structures used for horticultural purposes to be
exempted from the setback requirements. If the horticultural purposes
cease, the structure must be removed or brought into compliance with the
setback requirement. (Add 3/9/93)
s) In the TCD (Town Commercial District) located within the Lower
Bartlett Water Precinct, commercial structures which setback a minimum
of 500 ft. from the centerline of Rte. 16/302 may be setback a minimum
of 15ft. from all sideline property boundaries and 50 ft. from rear
property boundaries and a minimum green area of l0ft, of the side
setbacks and 5Oft. of the rear setbacks will be created or maintained by
leaving the natural growth. (Amd 5/21/96)
t) Conference/Condominium Hotel anywhere in the TCD constructed on and
in conjunction with a skiing facility. A conference/condominium hotel
shall (i) provide slopeside lodging, conference and ballroom facilities,
hotel laundry and kitchen, ancillary guests services, Twenty-four hour
front desk coverage and controlled access and egress; (ii) provide
deeded interval interests in real property for unit common ownership,
(iii) be setback a minimum of 500 ft. from any residential districts or
public streets; (iv) be fully sprinkled and meet applicable BOCA, NFPA
and Life Safety codes; and, (v) not exceed 60’ in height from the
highest paint of the building to the ground below it. Notwithstanding
any language to the contrary, conference/condominium hotels, like other
permitted hotels, shall not be limited to the number of units under one
structure. In order to meet the commercial density requirements of
Articles Vl-C and VIII and the Route 302 frontage requirements of
Article Ill-C-i, the applicant shall be able to dedicate land from a
contiguous parcel owned under single ownership by the skiing facility as
of 4/1/95 by dedicated perpetual easement, covenant or other restriction
recorded in the Carroll
County Registry of Deeds, provided the land so dedicated does not
contain multiple encumbrances for frontage or density related
calculations. Any such land encumbered by such restrictions may be
utilized for other skiing activities and uses appurtenant or accessory
to such activities, including but not limited to equipment and
machinery, utility lines, work roads, and other non sewage discharging
buildings customarily associated with skiing. (Amd 5/21/96)
u) Unoccupied Structures - a
deviation from height requirements in all districts. (Amd 3/11/97)
v) Any portable saw mill remaining stationary on lot of land, other
than land owned by the mill Owner, for more than a ninety (90) day
period of any calendar year, would require a Special Exception. Logs do
not have to originate from the property the mill is located on.
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