This chapter shall be known and may be cited as the "Zoning
Ordinance of the Town of Bedford, New Hampshire."
This chapter is enacted by the Town of Bedford pursuant to the
authority granted by the New Hampshire Legislature as stipulated in
Section 674:16 of the Revised Statutes Annotated, 1983, as amended.
The purpose of this chapter is to promote the health, safety,
and general welfare of the inhabitants of Bedford by: lessening congestion
in streets; securing safety from fires, panic, and other dangers;
providing adequate light and air; preventing the overcrowding of land
and buildings; avoiding undue concentration of population; facilitating
the adequate provision of transportation, solid waste facilities,
water, sewerage, schools, and parks, child day care; assuring the
proper use of natural resources and other public requirements; encouraging
the preservation of agricultural lands and buildings; and encouraging
the installation and use of solar, wind, or other renewable energy
systems and protecting access to energy sources by the regulation
of orientation of streets, lots, and buildings; establishing maximum
building height, minimum setback requirements, and limitations on
type, height, and placement of vegetation; and encouraging the use
of solar skyspace easements under RSA 477. [RSA 674:17]
This chapter shall apply to:
A.Â
All buildings or structures erected, reconstructed, altered, enlarged,
or relocated after the effective date of this chapter or applicable
amendment;
B.Â
The use of any building, structure, or land which is different from
its use prior to the effective date of this chapter or applicable
amendment; and
C.Â
Any land which has been subdivided after the effective date of this
chapter or applicable amendment.
In interpreting any provision of this chapter, it shall be held
as the minimum requirement adopted for the promotion of the public
health, safety, and general welfare of the Town. Whenever any provision
of this chapter is at variance with any other provision of the chapter,
or with the requirements of any other lawfully adopted rule or regulation,
the most restrictive, or that imposing the highest standard, shall
govern. [RSA 676:14]
Except where specifically defined herein, the words used in
this chapter shall carry their customary meaning. The following words
are specifically defined:
The cessation of a use as indicated by the visible or otherwise
apparent intention of an owner to discontinue a use of a structure
or lot; the removal of the characteristic equipment or furnishings
used in the performance of the use, without its replacement by similar
equipment or furnishings; or the replacement of a use or structure
by a different use or structure.
Any person whose property is located in New Hampshire and
adjoins or is directly across the street or stream from the land under
consideration. For purposes of receiving testimony only, and not for
purposes of notification, the term "abutter" shall include any person
who is able to demonstrate that their land will be directly affected
by the proposal under consideration. For purposes of receipt of notification
by a municipality of a local land use board hearing, in the case of
an abutting property being under a condominium or other collective
form of ownership, the term abutter means the officers of the collective
or association, as defined in RSA 356-B:3, XXIII.
A building or structure, detached from but located on the
same lot and within the same zoning district, which is customarily
incidental and subordinate to the principal building. Accessory buildings
shall not contain bedrooms.
[Amended 3-14-2006; 3-14-2017]
A use which exists on the same lot and within the same zoning
district and which is customarily incident and subordinate to the
principal use.
[Amended 3-14-2017]
A measure of land containing 43,560 square feet.
The construction of permanent physical appurtenances to the
site, such as, but not limited to, footings, streets, and water- and
sewer lines.
Any change or rearrangement in structural parts or exit facilities;
or an enlargement, whether by extending on a side or by increasing
in height.
An "alternative treatment center" as defined in RSA 126-X:1,
a not-for-profit entity registered under RSA 126-X:7 that acquires,
possesses, cultivates, manufactures, delivers, transfers, transports,
sells, supplies, and dispenses cannabis, and related supplies and
educational materials, to qualifying patients and alternative treatment
centers.
[Added 3-8-2016]
ALTERNATIVE TREATMENT CENTER (CULTIVATION LOCATION)A cultivation location as defined in RSA 126-X:I, IV; namely, a locked and enclosed site under the control of an alternative treatment center where cannabis is cultivated, secured with one or more locks or other security devices in accordance with RSA 126-X and the Department of Health and Human Services administrative rules.
ALTERNATIVE TREATMENT CENTER (NON-CULTIVATION LOCATION)An alternative treatment center operated in accordance with RSA 126-X and the Department of Health and Human Services administrative rules that has a separate location for the cultivation of cannabis.
An owner or his/her designated representative who is submitting
an application for development.
A portion of a building, at least partly below grade, which
has more than 1/2 of its height, measured from finished floor to finished
ceiling, above the average finished grade of the ground adjoining
the building. A basement is not considered a story unless its ceiling
is six feet or more above the finished grade.
A mound of soil, either natural or man-made, used to obstruct
views.
The Zoning Board of Adjustment of the Town of Bedford.
Any dwelling unit which is occupied by more than two adult
persons not related by blood or marriage and which provides sleeping
accommodations on either a transient or permanent basis, with or without
meals, but without separate cooking facilities. This definition shall
not apply to group quarters for special-needs groups.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to limit continuously the view of and/or sound
from the site to adjacent sites or properties.
Any combination of materials, whether portable or affixed
to the ground, used for the sheltering, housing, or the enclosure
of persons, animals, chattels, property, or materials of any kind.
Such "building" shall include open porches, open breezeways, and any
other roofed areas.
The area of a lot or site that is covered by buildings.
The vertical distance from the average existing ground level
adjoining the building to the average height of the highest roof surface.
[Amended 3-12-1996]
A building in which is conducted the principal use of the
lot on which it is located.
A tract of land that has been planned, developed, and operated
as an integrated facility for a number of separate office buildings
and supporting ancillary uses with special attention given to circulation,
parking, utility needs, aesthetics, and compatibility.
A fee or assessment imposed upon development, including subdivisions,
building construction, or other land use change, in order to help
meet the demands occasioned by that development for the construction
or improvement of public capital facilities owned or operated by the
Town of Bedford.
[Added 3-9-1993]
A statement signed by the Building Code Official permitting
occupancy and use of a building.
A person who, by reason of special knowledge of pedological
principles acquired by professional education and practical experience
as specified by RSA 310-A:84, is qualified to practice soil science,
and who has been duly certified by the Board of Natural Scientists.
A health and/or recreation facility operated as a business
and open to the public for a fee. It shall include health and fitness
clubs, and specialty fitness uses, such as yoga studios or CrossFit® facilities. It shall also include places of amusement,
such as bowling alleys, miniature golf courses, and similar types
of establishments.
[Amended 3-13-2018]
Any use involving in part or in whole the sale of merchandise,
materials or services, but not including home occupations as defined
in this section.
[Amended 3-11-2008]
That land designated in a cluster development which is uncovered
and of sufficient size and good quality, open, unenclosed, natural,
unpaved, and easily accessible which is specifically set aside for
common use and enjoyment, and restricted only for such recreational
and conservation uses as parks, playgrounds, swimming, golf courses,
and conservation areas. While the term "common land" may be either
singular or plural, the intention and emphasis is on quality and suitability
rather than numbers of parcels.
A building, or group of buildings, in which units are owned
individually, and the structure, common areas, and facilities are
owned by all the owners on a proportional, undivided basis. It is
a legal form of ownership of real estate and not a specific building
style.
A private establishment enrolling four or more children under
five years of age and where tuition, fees, or other forms of compensation
for the care of the children is charged, and which is licensed or
approved to operate as a day-care center by the State of New Hampshire.
A residential living unit that is within or attached to a
single-family dwelling, and that provides independent living facilities
for one or more persons, including provisions for sleeping, eating,
cooking, and sanitation on the same parcel of land as the principal
dwelling unit it accompanies, consisting of not more than 1,000 square
feet.
[Added 3-11-1997; amended 3-9-2010; 3-14-2017]
A residential living unit that is detached, but accessory
to a single-family dwelling, and that provides independent living
facilities for one or more persons, including provisions for sleeping,
eating, cooking, and sanitation on the same parcel of land as the
principal dwelling unit it accompanies, consisting of not more than
1,000 square feet.
[Added 3-8-2022]
A building that contains two separate dwelling units.
[Added 3-12-1996]
A building containing three or more dwelling units.
[Added 3-12-1996]
A building containing one dwelling unit which is attached
to one or more additional single-dwelling buildings by a common vertical
wall, such as with townhouses.
[Added 3-12-1996]
A building containing one dwelling unit which is not attached
to any other dwelling unit.
[Added 3-12-1996]
See definition of "elderly housing" in § 275-21B(2).
[Amended 3-11-2003; 3-14-2017]
A facility, located in a building, which is rented, leased
or otherwise made available to any person or group for the purpose
of hosting public or private events of a social, civic, or business
nature, often with accommodations for food service.
[Added 3-13-2018]
A land area which is used, or has been used, for the commercial
taking of earth materials, such as sand, gravel, rock, soil, or construction
aggregate produced by quarrying, crushing, or other mining activity.
A parcel of land used for agricultural activities.
A person applying for Planning Board approval of a subdivision
or site plan which would create new development.
[Added 3-9-1993]
The sum of the horizontal area of several floors of a building
and its accessory buildings on the same lot, measured from the exterior
faces of the walls. It does not include cellars, unenclosed porches,
or attics not used for human occupancy or for commercial and/or industrial
use.
The total of all floor areas of a building, excluding stairwells,
equipment rooms, storage areas, interior vehicular parking, and all
floors below the first or ground floor, except when used or intended
to be used for human habitation.
A retail place of business engaged in supplying goods and
services essential to the normal operation of automobiles, such as
dispensing of automotive fuel and motor oil, vehicle washing and lubrication
services, rental of trailers or equipment, and sales of merchandise
not accessory to the motor vehicle. It shall not include body or fender
work, painting, or major automobile repairs.
A commercial establishment, the primary concern of which
is the rendering of service and repair activities on equipment and
appliances rather than the sale of goods. Such establishments include
but are not limited to watch, clock, radio, television, home appliances,
and bicycle repair.
A soil map prepared using the methods prescribed by the Society
of Soil Scientists of Northern New England, in the publication "High
Intensity Soil Maps for New Hampshire, January 1987," as amended.
An occupation conducted entirely within the dwelling unit
or principal building, including any garage or barn that is physically
attached to the dwelling by at least one common wall or attached by
a fully enclosed breezeway that does not exceed 20 feet in length,
customarily incidental and secondary to the use of the structure for
dwelling purposes and which does not adversely affect or undermine
the residential character of the neighborhood. Examples of home occupations
include but are not limited to seamstress, hairdresser, lawyer, tutor,
musician, photographer, antique dealer, architect, dentist, or engineer.
[Amended 3-8-2005]
A private nonprofit corporation, association, or other nonprofit
legal entity under the laws of the State of New Hampshire established
by the developer to provide for the ownership, care, and maintenance
of common open space lands and site improvements.
A building where lodging is offered to transient guests for
compensation and in which there are more than five sleeping rooms
which contain no cooking facilities.
A building in which data and information is stored electronically
and may be combined, broken down, or aggregated for transmittal or
storage purposes.
Any business and any place of storage or deposit, whether
in connection with another business or not, which has stored or deposited
two or more unregistered motor vehicles which are no longer intended
or in condition for legal use on the public highways, wrecked, scrapped,
ruined, or dismantled motor vehicles, motor vehicle parts, old iron,
metal, glass, cordage, paper, batteries, rags, brass, copper, rope,
rubber, debris, waste, tires, old metals, bottles, cotton or woolen
mill waste, unfinished cloth, other waste, or discarded or secondhand
material. This definition excludes antique vehicles and parts as defined
under RSA 236:111-a. [RSA 236:91 and 236:112]
[Amended 3-28-2023]
An establishment licensed to operate a facility housing dogs,
cats or other household pets and or where grooming, breeding, boarding,
training, or selling of animals is conducted as a business.
[Added 3-11-2008]
An area that provides all of the following: a refrigerator
of any size or dimension; a surface for food preparation; a sink with
piped water; and a dedicated space or location for a device to cook
foodstuffs, not including plug-in countertop appliances such as microwave
ovens or toasters.
[Added 3-8-2005]
A parcel, tract, or area of land established by plat, subdivision,
or as otherwise permitted by law, which is occupied by, or designed
to be occupied by, one principal building (except as otherwise specified
herein) and its accessory buildings or uses customarily incident to
it, together with such open spaces and yards as are required by this
chapter.
That portion of the lot that is covered by impervious surfaces
as defined in the Nonresidential Site Plan Review Regulations.
The lot line separating a lot from a street right-of-way
from which legal access to the lot may be obtained.
The lot line opposite and most distant from the front lot
line; or in the case of triangular or otherwise irregularly shaped
lots, a line 10 feet in length entirely within the lot, parallel to
and at a maximum distance from the front lot line.
Any lot line other than the front or rear lot line.
A lot which existed as shown or described on a plat or deed
in the records of the Hillsborough County Registry of Deeds on or
before the effective date of the first Zoning Ordinance adopted by
the Town on December 19, 1953.
The smallest lot area established by the Zoning Ordinance
on which a principal use or structure may be located in a particular
zoning district.
A portion of a restaurant intended primarily for consumption
of beverages.
Any structure, transportable in one or more sections, which,
in the traveling mode, is eight 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 herein shall not include pre-site-built housing.
A group of people organized for a common purpose to pursue
common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and/or a constitution and bylaws.
A building or group of buildings, with controlled access,
which contains individual, compartmentalized stalls or lockers for
the storage of personal property, goods, or wares.
[Added 3-13-2018]
An establishment providing transient accommodations containing
five or more rooms, the majority of which have direct access to the
outside without the necessity of passing through the main lobby of
the building.
An activity which results in:
The creation of a new dwelling unit (except for the equal replacement
of existing units);
A net increase in the gross floor area of any nonresidential
building; or
The conversion of a legally existing use to another permitted
use if such change or use would create a net increase in the demand
for public capital facilities, as defined by this chapter.
A lot, the area, dimensions, or location of which was lawful
prior to the adoption, revision, or amendment of the Zoning Ordinance,
but which fails by reason of such adoption, revision, or amendment
to conform to the present requirements of the zoning district.
A structure or building the size, dimensions, or location
of which was lawful prior to the adoption, revision, or amendment
to the Zoning Ordinance, but which fails by reason of such adoption,
revision, or amendment to conform to the present requirements of the
zoning district.
A use or activity which was lawful prior to the adoption,
revision, or amendment of the Zoning Ordinance, but which fails, by
reason of such adoption, revision, or amendment, to conform to the
present requirements of the zoning district.
A portion of a building wherein services are performed involving
predominantly administrative, professional, or clerical operations.
A commercial establishment, the primary concern of which
is the rendering of a service to persons or individuals, rather than
the sale of products. Such establishments include but are not limited
to barber- and beauty shops, shoe repair, dry-cleaning and laundry
services (pickup and delivery only), and tailoring or dressmaking.
A sign attached to and projecting from the wall of a building
with the face of the sign at an interior angle of more than 45°
to the building wall to which it is attached. Projecting signs may
have a maximum area of eight square feet. The sign area of a projecting
sign shall not include the area of supporting brackets with no text,
images or graphics. Projecting signs must maintain a minimum clearance
of eight feet from the ground to the bottom of the sign and have a
maximum height of 15 feet from the ground to the top of the sign.
Signs may not project more than five feet from a wall surface. Projecting
signs may not be internally illuminated. A projecting sign should
align with some horizontal element of the building facade.
[Added 3-13-2012]
Facilities and equipment owned, maintained, or operated by
the Town of Bedford.
[Added 3-9-1993]
A building or portion of a building in which are located
facilities for scientific research, investigation, testing, or experimentation,
but not facilities for manufacturing or sales of products except as
otherwise permitted by this chapter.
An establishment whose principal business is serving food
and which does not include any of the following operations:
An establishment whose principal business is the sale of food
and/or beverages in previously prepared, prepackaged, ready-to-consume
individual servings; or
An establishment that includes a drive-up or drive-through facility
or curb service; or
An establishment where there are fewer than 15 customer seats
per 1,000 square feet of gross floor area in the establishment; or
An establishment that does not provide waiter/waitress service
to the customer seating (exclusive of salad bars).
An establishment whose principal business is the sale of
foods, frozen desserts, or beverages in ready-to-consume individual
servings, for consumption either within the restaurant building or
for carry-out, and where either:
Foods, frozen desserts, or beverages are usually served in paper,
plastic, or other disposable containers;
Customers are not served their food, frozen desserts, or beverages
by a restaurant employee at the same table or counter where the items
are consumed; or
The establishment includes a drive-up or drive-through service
facility or offers curb service.
A strip of land that is generally used for the location of
a street, walkway, utility line, or other accessway, that is separate
and distinct from the lots and parcels adjoining such right-of-way
and not included within the dimensions or areas of such other lots
or parcels.
A line parallel to the front, side, and/or rear lot line
and set back from said lot line a sufficient distance as specified
in this chapter. The yard setback measurements establish the area
in which all structures must be erected or placed. No part of a building
or structure shall extend across the minimum yards specified in Table
1, Table of Dimensional Regulations,[1] except "permissible projections" specified in the Building Code adopted by the Town Council and referenced in § 275-85, Building permit procedure, of this chapter. Such projections, including roof eaves, steps, window sills, and similar architectural features, rain leaders, chimneys, fire escapes and other required elements of a means of egress shall be allowed to project into the required yards to the distance specified in the Building Code.[2]
[Amended 3-14-2000]
The rental of any residential dwelling unit, or portion thereof,
for residential occupancy of less than 30 consecutive days.
[Added 3-13-2018]
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors within 18 inches of a window pane and
visible from the exterior of the building, which is used to advertise,
identify, display, direct, or attract attention to an object, person,
institution, organization, business, product, service, event, or location
by any means, including words, letters, figures, design, symbols,
fixtures, colors, illumination, or projected images.
[Amended 3-12-2013]
The entire face, including the surface and any molding, framing,
and projections, but not including the base, wall or column supports.
Individual letters and logos mounted on a building without any distinguishing
border, panel or background shall be measured by the area of the smallest
rectangle enclosing all of the words, symbols and logos. If the symbol
or logo is irregularly shaped or taller than the text, the sign area
shall be the area of the smallest rectangle enclosing the text plus
the area of the smallest rectangle enclosing the logo or symbol.
[Amended 3-8-2016]
[Added 3-8-2022]
Any device or structural design feature, including accessory
equipment associated with the system, whose primary purpose is to
provide for the collection, storage, or distribution of solar energy.
ROOF-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is structurally mounted to the roof of a building or structure.
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is structurally mounted to the ground and is not roof-mounted.
SMALL-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is structurally mounted to the ground and that occupies 2,500 square feet of surface area or less.
MEDIUM-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is structurally mounted to the ground and that occupies more than 2,500 square feet but less than 20,000 square feet of surface area.
LARGE-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is structurally mounted to the ground and that occupies more than 20,000 square feet of surface area.
For the purpose of defining solar energy systems, surface area
encompasses all components of the solar collection system, including
but not limited to mounting equipment, panels and ancillary components
of the system. This definition does not include access roads or fencing.
A thoroughfare used, or intended to be used, for passage
or travel by motor vehicles.
A combination of materials for occupancy or use, such as
a building, bridge, trestle, tower, framework, an above ground tank
or group of tanks exceeding 500 gallons, tunnel, tent, stadium, platform,
shelter, pier, wharf, bin, storage container, sign, fences and retaining
walls over six feet in height, swimming pools, sports courts with
fences over six feet in height, or the like.
[Amended 3-11-2008; 3-13-2012; 3-10-2015; 3-28-2023]
A portable structure without permanent foundation, which
can be towed, hauled, or driven and primarily designed as temporary
living accommodation for recreational, camping, and travel use, or
a temporary working accommodation for persons engaged in adjoining
construction. The words "trailer," "travel trailer" and "recreational
vehicle (RV)" shall have the same meaning for purposes of this section.
[Amended 3-14-2006]
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another. The
terminal cannot be used for permanent or long-term accessory storage
for principal land uses at other locations. The terminal facility
may include storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal.
A building used primarily for the storage of goods and materials.
A structure or device designed and installed to provide potable
water supply.
As defined in § 275-38.
[Amended 3-14-2000; 7-13-2011]
Any housing unit that is affordable to households based on
the following standards:
[Added 3-10-2009]
"Workforce rental housing" is defined as a housing unit that
has a monthly rent not exceeding 30% of the gross income of a household
earning no more than 60% of the median income for a three-person household
for the Manchester, New Hampshire, Fair Market Rent Area as published
annually by the United States Department of Housing and Urban Development;
"Workforce ownership housing" is defined as housing that can
be purchased at a price, including the combination of mortgage loan
debt service, property taxes and insurance, that does not exceed 30%
of the gross income of a household earning no more than 100% of the
median income for a four-person household for the Manchester, New
Hampshire, Fair Market Rent Area as published annually by the United
States Department of Housing and Urban Development.
An open unoccupied space within and extending the full width
of the lot, between the street property line and the closest part
of a structure nearest to such street line. In the case of a corner
lot which has frontage on two streets, the yard areas abutting both
streets shall be considered front yards for setback purposes.
An open unoccupied space within and extending the full width
of the lot, between the rear lot line and the closest part of the
structure nearest to such lot line.
An open unoccupied space within the lot between the side
lot line, not a street line, and the parts of the structure nearest
to such lot line.
The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a lot line. No
building or structure projections, including roof eaves, bay windows,
rain leaders, or chimneys shall project across the lot line.
[Added 3-14-2000]
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
