A.
The creation of any lot of record or the development of any existing
or newly created lot of record shall be subject to the dimensional
standards established within this article except as specifically exempted
elsewhere in this chapter. The Table of Dimensional Standards[1] is intended to provide a comprehensive list of the required
standards for each district and type of use.
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
B.
Exemption for property affected by municipal improvements.
[Added 7-12-1999 by Ord. No. 10.99.10]
(1)
As to any lot upon which a vested conforming or nonconforming use
has been established, the subsequent acquisition by the City of a
fee or other interest in any portion of the lot, either by agreement
or through the exercise of eminent domain or otherwise, the effect
of which acquisition is to render the size or other dimensional feature
of the lot nonconforming or to increase any previously existing nonconformity
that was lawfully established, shall not be deemed to create a violation
of the dimensional requirements of this chapter. Notwithstanding the
foregoing, any later change or expansion of use of the lot or structure
thereon shall be subject to all relevant dimensional standards and
other provisions of this chapter.
(2)
The acquisition by the City of a fee or other interest in any portion
of an undeveloped lot, either by agreement or through the exercise
of eminent domain or otherwise, shall not relieve the owner or developer
of the lot from compliance with all dimensional requirements under
this chapter which are otherwise applicable to any subsequent development
of the remaining lot.
A.
General. Except as provided in Article X, Nonconforming Lots, Uses and Structures, no principal building or use shall be constructed or established on a lot having less than the prescribed minimum lot size. For lots of record under one acre (43,560 square feet), minimum lot size shall be measured to the nearest square foot. For lots of record one acre (43,560 square feet) or more, the minimum lot size shall be measured to the nearest one 1/100 of an acre.
B.
On-site septic system. Where an on-site septic system is permitted
and will be utilized, the minimum lot size shall include the land
area required to meet state and local requirements governing the installation
of such a system.
C.
Lot reduction permitted. A lot may not be so reduced as to fail to
satisfy any minimum dimension, area or setback required for a permitted
principal use.
D.
Buildable land area, residential. Each lot developed for single-family
or two-family residential development shall have a minimum of 20,000
square feet of buildable land area where on-site septic or water supply
are permitted and will be utilized. Lots served by municipal water
and sewer shall meet the following square footage requirements for
buildable land area:
[Amended 3-23-1998 by Ord. No. 03.98.03]
(1)
RR1 and RR2: 6,000;
(2)
RS and SFR: 4,500;
(3)
RG, RA, CR, C, and UC: 3,000.
[Amended 8-26-2019 by Ord. No. 2019-235[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
D(4), which immediately followed and set forth buildable land area
requirements for the BC and BCI Districts, and former Subsection D(5),
added 5-22-2000 by Ord. No. 05.2000.05, which set forth buildable
land area requirements for the DR District.
E.
Open space lots. Lots created solely for the purposes of activities
as outlined in § 235-40B(3)(b)[2] and [3] which fall under
the categories of limited use open space or conservation use open
space, whether part of a conventional or cluster subdivision, are
exempt from the minimum dimensional requirements, provided that access
is provided and the restrictions are appropriately documented on the
recorded subdivision plan.
[Added 8-13-2001 by Ord. No. 05.2001.05]
Residential unit density shall be as prescribed in the Table
of Dimensional Standards.[1]
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
Lot frontage shall be as prescribed in the Table of Dimensional
Standards[1] except as permitted below and shall be measured along
the shared boundary of the lot and the access street.
A.
Frontage on dead-end streets. For any lot having a minimum of 50%
of its frontage on the curve of a permanent turnaround at the terminus
of a dead-end street, frontage may be measured at the required front
setback line.
B.
Corner lots. In the case where a lot is located on two or more streets,
the minimum frontage dimension shall apply to at least one frontage.
Additional street frontages shall have a minimum of a 1:3 ratio to
the required frontage or 50 feet, whichever is greater.
[Amended 8-13-2001 by Ord. No. 05.2001.05]
C.
Shorefrontage. Frontage along the shoreline shall be measured in
straight line segments (chords) of 25 feet, following the shore, but
crossing the mouths of streams or irregular indentations less than
50 feet in width.
[Added 10-14-1997 by Ord. No. 10.97.10]
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
A.
Front setback. The minimum front setback shall be determined by a
line parallel to the street right-of-way line extending from one side
lot line to the other, a distance specified in the Table of Dimensional
Requirements.[1] Ornamental features, eaves and cornices may project two
feet within the front setback. In the case of corner lots, the front
setback shall be observed for all adjacent street frontages.
[1]
Editor's Note: Said table is included at the end of this chapter.
B.
Side and rear setbacks. Side and rear setbacks shall be determined
by a line parallel to the side or rear lot line and located a distance
from the side or rear line as specified in the Table of Dimensional
Requirements.[2] In the case of irregularly shaped lots the side setbacks shall apply to all lot lines except that line most parallel to and most distant from the front lot line. Ornamental features, eaves and cornices may project two feet within the side and rear setbacks. (Note: See Article VII, Supplemental Provisions, Residential Accessory Buildings.)
[2]
Editor's Note: Said table is included at the end of this chapter.
C.
Exceptions for developed areas. In the RS, SFR, RG, RA, CR and UC
Districts where vacant lots of record exist as of the date of this
chapter adoption, the minimum setback may be the average of the setbacks
of the existing dwellings or buildings on the immediately adjacent
lots.
[Amended 8-13-2001 by Ord. No. 05.2001.05; 8-26-2019 by Ord. No. 2019-235]
D.
Special setback areas. For the purpose of providing sufficient open
area for eventual widening and reconstruction of collector streets,
buildings, structures and appurtenances shall maintain a fifty-foot
setback from the center line of the following streets or the required
front setback, whichever is greater. Signs are exempt from this setback.
[Amended 8-13-2001 by Ord. No. 05.2001.05]
(1)
Court Street.
(2)
Main Street, North and South, including Old North Main Street.
(3)
Endicott Street North (Route 3) (formerly Daniel Webster Highway).
(4)
Endicott Street East (Route 11B) (formerly Winnipesaukee Shore Road).
(5)
Parade Road (Elm Street to the Meredith Town line).
(6)
Meredith Center Road.
(7)
Elm Street.
(8)
Roller Coaster Road.
(9)
White Oaks Road.
(10)
Belmont Road (Route 106).
(11)
Province Road (Route 107).
(12)
North Main Street Bypass (Route 107).
(13)
Union Avenue.
(14)
Weirs Boulevard.
(15)
Lake Street.
E.
Nonresidential buildings. When a nonresidential building is constructed
in a commercial district on a lot of record the side or rear lot line
of which is the boundary between the commercial district and a residential
district, the setback from such side or rear lot line shall be the
same as if the nonresidential building were located in the abutting
residential district.
F.
Building setbacks in the Urban Commercial (UC) District. In addition
to the setbacks as prescribed in Table II, Dimensional Requirements
the following additional standards shall apply:
[Added 5-22-2000 by Ord. No. 05.2000.05; amended 8-26-2019 by Ord. No. 2019-235]
(1)
Between buildings. In addition to the ten-foot side setback required,
all new buildings or additions to existing buildings shall be erected
in such a location that would, to the greatest extent possible, provide
a twenty-foot separation from any other existing building located
on an adjacent lot.
(2)
Waterfront setback. All new buildings and additions to existing buildings
shall be a minimum of 15 feet from the high-water mark, as defined
by the State of New Hampshire. In addition, all such buildings or
building additions shall be a minimum of the distance equal to 75%
of the height of the building, not including cupolas, spires, antennas
and chimneys.
A.
Development, redevelopment or expansion of development of existing
and newly created lots of record shall occur in such a manner that
green space in the amount as prescribed by the Table of Dimensional
Requirements[1] is retained or developed. The applicant shall make all
efforts to provide green area that provides a buffer to adjacent properties
and adjacent streets, provides passive amenities to the patrons and
employees of the development and is an integral part of the overall
design and architecture of the development. Where lots are split by
districts, green space will be calculated based on the proportionate
amount of the lot in each district. Total green space provided may
be distributed throughout the lot.
[Amended 8-13-2001 by Ord. No. 05.2001.05]
[1]
Editor's Note: Said table is included at the end of this chapter.
B.
Urban Commercial District, special standards. Green space shall be
a minimum of 20% as prescribed by the Table of Dimensional Requirements[2] However, land dedicated to and developed for nonmotorized
public access and use, including but not limited to patios, squares
and walkways, etc., may be substituted for up to 50% of the green
space required even though the surface treatment is other than as
defined by this chapter for green space.
[Added 5-22-2000 by Ord. No. 05.2000.05; amended 8-26-2019 by Ord. No. 2019-235]
[2]
Editor's Note: Said Table is included as an attachment to this chapter.
The height of a building shall be measured from the highest
point of any roof or parapet to the average finished grade of the
structure. Chimneys, spires, cupolas, television antennas and other
parts of buildings or structures not intended for human occupancy
shall not be more than 15 feet above the district limit.
[Amended 5-22-2000 by Ord. No. 05.2000.05]
Where multiple uses are permitted on the same lot of record
and additional uses or change of use(s) are proposed, the applicant
shall document that all uses conform with regard to the density and
green area requirements for each separate and distinct use in order
to establish additional uses on such a lot. In no case may land area,
setback requirements, green space or density be shared between separate
and distinct uses. Nonconformities of setbacks, height restrictions,
signs or use shall not prohibit the establishment of an additional
conforming use.
