Town of Gilford, NH

ARTICLE 4. PERMITTED USES AND REGULATIONS

Land, buildings and other structures may be used as set forth in this Article. Only the uses listed below are intended to be allowed in the Town.

More than one (1) use shall be permitted on a single lot if:

(1) Each use individually is permitted in the zone (special exceptions must be obtained where required);

(2) The required parking for each use is provide

(3)All other requirements for each use are met. In the event that such requirements differ for different

uses, the more restrictive requirements shall apply; and

(4) In the RC zone, combining a two-family residence or multi_family development with any other use

on one (1) lot shall require a special exception.

A “Y” indicates the use is a permitted use. An “E” indicates the use is permitted upon approval of a special exception granted by the Board of Adjustment in accordance with the provisions of Article 11, “Special Exceptions”. An “N” indicates the use is not permitted; however, a non-permitted use may be permitted by variance (see Article 12, “Variances”).

Table 1 – Chart of Uses

PC Professional Commercial

RC Resort Commercial

NRR Natural Resource Residential

SFR Single Family Residential

LR Limited Residential

IR Island Residential

4.1 Open Space Uses

4.2 Residential Uses

4.3 Commercial Uses

4.4 Industrial Uses

4.5 Institutional Uses

4.6 Accessory Uses

4.7 Description of Permitted Uses – These descriptions should not be interpreted as full definitions but rather as extensions or examples of the permitted uses in Sections 4.1 through 4.6.

4.7.1 Open Space Uses

4.7.2 Residential Uses

(a) Boarding House – A home with an area within it in which meals are regularly supplied, for

compensation, to the same group of persons, and which may have rooms which are leased or rented.

(b) Cluster Development – A development of single family homes according to standards in Section 11.4.3,

Cluster Development.

manufactured housing units, subject to the standards established in Section 6.21.1, Manufactured Housing

(d) Manufactured Housing Subdivision – A subdivision specifically developed for manufactured housing, subject to the standards established in Section 6.21.2, Manufactured Housing Subdivision.

(e) Multi_Family Development – Apartment, condominium, time_sharing structure or similar building designed for residential occupancy including one_family, two_family, and multi_family units, for which the development is proposed, and which is constructed according to Section 11.4.6, Multi-Family Development.

(f) Planned Unit Development – An area of land to be developed as a single entity for multiple dwelling units and accessory uses, the plan for which does not correspond in lot size or setback regulations in the zone for which the development is proposed and which is constructed according to Section 11.4.4, Planned Unit Development.

(g) Single-Family Residence – Structure for the residence of one (1) family.

(h) Two-Family Residence – Structure for the residence of two (2) families.

(i) Dormitory – Sleeping and living quarters associated with an accredited educational program for students who are currently enrolled in such program. A dormitory is also temporary, seasonal sleeping and living quarters associated with a sponsoring business for employees who are currently employed and sponsored by such business. Educational programs that house students in a dormitory and businesses that sponsor their employee’s tenancy in a dormitory shall ensure for their sponsored tenants that such facilities meet all health and safety codes. Any tenant of a dormitory who does not qualify as a currently enrolled student or a current and sponsored employee as described above, or any such employee whose tenancy in a dormitory is not temporary or seasonal (not to exceed six (6) months), shall be in violation of this regulation.

4.7.3 Commercial Uses

(a) Amusement Indoor – Public assembly amusement uses conducted entirely or partly indoors such as sports centers, dance halls, authorized games of chance but not including gambling or gambling establishments.

(b) Amusement Outdoor – Public assembly amusement uses conducted entirely outdoors such as sports centers, commercial amusement rides, authorized games of chance but not including gambling or gambling establishments. Any use permitted under this section shall comply with Section 6.2, Obnoxious Uses, of this ordinance and shall not disturb neighboring properties.

(c) Automotive & Marine Light Repair Shop – Business primarily concerned with repair of automobiles and trucks and watercraft, and not involving noise, glare, fumes, smoke, or the dispensing of fuel, oil, grease or related products, other than as incident of said mechanical work. All activities, including incidental storage, shall be conducted within a building.

(d) Bed & Breakfast – Homes providing overnight lodging and meals to tourists in a homelike atmosphere.

(e) Business Office – Bank, insurance, real estate, or other business or professional office.

(f) Campground – Location for tent, travel trailers, recreation vehicles, and tent trailer campers.-

(g) Commercial Storage Facility – A building or series of buildings or units which are leased or rented to the public for use as storage space. In the PC district, type of storage shall be limited to storage of business and medical office files, x_ray, office furnishings, and office equipment.

(h) Fuel Dispensing Station – Any facility engaged in the retail dispensing of fuel for the operation of motor vehicles or boats.

(i) Funeral Home – Mortuary, funeral home, or similar use.

(j) Greenhouse – Commercial building for growing plants indoors, and including sale of products grown and associated products. A small greenhouse used primarily by the resident or owner, or for heat conservation, is allowed in all zones.

(k) Lumber Yard – Commercial sale of lumber. All operations that might be objectionable must be confined to the property, and all storage adjacent to the lot line shall be screened with fifteen (15) feet of space maintained in good condition as green space.

(l) Marina – Marina means a waterfront facility whose principal use is the provision of publicly available services for the securing, launching, storing, servicing or repairing of watercraft. A facility for short_term docking that is ancillary to the other land uses is considered a commercial use and not a marina.

(m) Medical Center – Medical doctor, dentist, medical laboratory, chiropractor, or similar medical office or use where there are no overnight facilities for patients.

(n) Motel/Hotel – A commercial use solely for transient occupancy as defined in Article 3, Definitions.

(o) Outdoor Recreation – Passive, low intensity outdoor recreational uses which are not primarily structure oriented. Typical uses are golf courses, horseback riding stables, and hiking and cross-country ski trails. Minimum lot size shall be twenty-five (25) acres.

(p) Personal Service Shop – Barber or beauty shop, laundry or dry cleaning shop, shoe repair shop, photographer's studio, printer, rentals, or similar service commercial uses. In the PC zone, the Public Access Floor Area for this use shall not exceed 3,500 square feet.

(q) Theater – Movie, playhouse.

(r) Radio and Television Tower – Tower or antenna that is higher than fifty (50) feet above the local ground, or higher than the highest tree within a two hundred (200) foot radius, whichever is highest. Lower towers and antennas are not regulated. Satellite dishes are considered structures for purposes of height and setback regulations.

(s) Repair Shop – Business for repair of small appliances, radios, televisions, office equipment, or similar use.

(t) Restaurant, Public Assembly – A place which may:

*Serve food and beverages inside a building with seats and tables for patrons who consume food and beverages inside the building.

*Provide space in which persons assemble for amusement, exhibitions, entertainment, education, and similar presentations, without theatrical stage other than a raised platform. In the PC zone, the Public Access Floor Area for this use shall not exceed 5,000 sq. ft.

(u) Restaurant, Drive_In – Refreshment stand, fast food, or other place which primarily serves food or beverages outside the building or which caters to clientele who consume the food or beverages primarily outside the building.

(v) Retail Store – A store where merchandise is sold to customers who select and pick up the merchandise there. In the PC zone, the Public Access Floor Area for this use shall not exceed 5,000 sq. ft.

(w) Salesroom – Business with the primary purpose to sell automobiles, boats, motorcycles, trucks, snowmobiles, farm equipment, or other larger objects and which has outdoor display and storage of the objects.

(x) Vending – A transient business of selling goods, wares, merchandise and personal service as defined in RSA 321:1. In addition to obtaining site plan approval issued to the owner of land for a location to conduct the use of vending, the vendor, meeting the provisions of Chapter 321 of the RSA, shall be required to secure a license from the Board of Selectmen or their designee prior to the commencement of any such use.

(y) Veterinary Hospital – A place for the boarding or treating of animals, provided that the principal user is a certified veterinarian. Such facility shall not be established within one hundred (100) feet of a lot line from an adjacent residential lot line. Any outdoor use area shall be enclosed by a solid wall or fence which effectively screens all noise from adjoining property.

(z) Cottage Colony/Seasonal Occupancy – A commercial building or group of buildings with guest rooms with or without cooking facilities, providing temporary seasonal lodging to guests for compensation. Such facilities shall not be considered a domicile, residence, or dwelling for any guest for the purposes of establishing residency in the Town of Gilford.

4.7.4 Industrial Uses

(a) Automotive, Marine & Truck Repair Garage – Mechanical work, bodywork, painting, and welding and other work involving noise, glare, fumes and smoke. These uses shall be conducted entirely within a building and shall be subject to all of the provisions and restrictions applicable to "Industrial Uses".

(b) Construction Yard – At a construction yard all operations shall be such as to confine to the property all disturbing odors, dust, noise, fumes, vibrations, visual blight, and/or other objectionable effects provided there is no potential hazard of explosion, fire, radiation, soil contamination, or other damage to health and safety. No storage shall be allowed within fifteen (15) feet of any lot line and that shall be protected by a dense year round growth six (6) feet high of green space, trees and/or shrubbery. An opaque fence may be required by the Planning Board. If so it shall be located at least one (1) foot inside the lot line and its height designated by the Planning Board. It shall be maintained in good repair at all times.

(c) Industrial Uses – Industrial uses are divided into two (2) categories: medium industrial uses and light industrial uses. Medium industrial uses may be conducted inside a building but are often conducted outdoors and generally include uses that generate noise, dust, smoke, vibration, odors, heat, etc. which may be discernable beyond the building or area where they are being conducted. Medium industrial uses often involve relatively large amounts of chemicals, abrasives, lubricants, etc. in their processes, and commonly have the potential of being a more significant negative impact on a community in terms of health and environment because of their nature and intensity. This category includes uses such as metal fabrication, metal and concrete pipe manufacturing, and similar medium manufacturing. Light industrial uses are conducted inside a building and include uses that do not generate noise, dust, smoke, vibration, odors, heat, etc. discernable beyond the building where they are being conducted. Light industrial uses involve nominal amounts of chemicals, abrasives, lubricants, etc. and do not typically have the potential of being a significant negative impact on a community in terms of health and environment because they are not intensive. Examples of light industrial uses include assembly, packaging, bottling, publishing, etc. Uses not permitted include smelters, blast furnaces, slaughter houses, rendering plants, hide tanning or curing plants, manufacturing or processing of fertilizer, bone, rubber, asphalt, ammonia, chlorine, petroleum, explosives or the bulk storage of explosives or hazardous wastes.

(d) Warehouse or Wholesale Marketing – The storage, distribution, or wholesale marketing of materials, merchandise, products or equipment, provided that such use is not hazardous by reason of potential fire, explosion, or radiation.

(e) Cluster Development – A type of development in the Industrial zone established pursuant to the standards set forth in Section 5.4.1, “Cluster Development”.

4.7.5 Institutional Uses

(a) Cemetery – A cemetery owned, managed, or controlled by the Town of Gilford and managed by a cemetery corporation chartered by the State of New Hampshire.

(b) Church – A place of worship either indoors or outside, including a parish house and rectory. Any other use such as a school, day care facility, medical office, multi_family dwelling, dormitory, etc., shall comply with the provisions of this ordinance.

(c) Club – Private club or lodge including a YMCA or similar facility operated for members or employees only. Residential uses are excluded from clubs unless otherwise permitted by this ordinance.

(d) Hospital – A place for nursing the sick or infirm, including sanatorium, nursing, rest, or convalescent home.

(e) Library – A room or building containing a collection of books for reading or reference.

(f) Museum – A room or building containing a collection of objects, scientific, artistic or otherwise, on display.

(g) Nursery and Day Care – A place for the care of more than five (5) elementary school ages or younger children for payment. Play areas shall be separated from a major or collector street by a fence or barrier which the children cannot cross unaided.

(h) School – Private School, college, or other educational facility either licensed by the State of New Hampshire as an educational institution or one which leads to a higher education degree as accredited by a nationally recognized accreditation association not conducted as a gainful business.

(i) Burial Ground – A private cemetery on private property and not available for use by the public. Burial grounds shall comply with state regulations governing burial grounds and are subject to special exception review.

4.7.6 Accessory Uses

(a) Accessory Services – Service facilities, newsstands, clinic, barber shop, cafeteria, recreation facility, or similar use, for the sole use and convenience of employees of principal use, and retail sales of the business's products or services manufactured on the premises to others.

(b) Accessory Building – Garage, child's playhouse, greenhouse, tool shed, or shelter, used primarily by occupants in the main building.

(c) Boat Slip Rental – Rental of one (1) in-the-water boat space for the summer boating season. Parking shall be provided as required in Article 7. Rental of more than one (1) boat space in the water shall require approval under the Marina section of this ordinance.

(d) Family Apartment – An apartment within or added to a single-family residence solely for relatives of the family. Such apartment shall not be converted for non_family use unless it meets the standards for such use.

(e) Home Occupation – Residences may be used by the owner or residents for professional office, keeping materials or tools of trade, or for occupations such as hairdresser, sewing, manufacture of craft, food or other products for sale, repair services, home daycare, or any other occupation that can be done at home, without degrading the residential nature of the building or of the surrounding properties. Home daycare may be permitted for up to eight (8) children, subject to applicable state licensing. Nonresident employees are limited to not more than two (2) persons in addition to the owner(s) or tenant(s). All parking required for the residence and the home occupation shall be provided on site. No business materials, equipment, or vehicles may be stored, or business activities conducted in plain view of abutting properties and the use shall not exceed thirty_five (35) percent of the gross floor area of the dwelling unit, unless the Planning Board finds that an increase of area to be used for the home occupation is consistent with the standards of this section. Accessory structures may be used for a home occupation if approved by the Planning Board.

(f) Outdoor Display – Items displayed for sale must adhere to the front setback area as specified in Table 2, and each unit shall be displayed on the ground and not stacked or racked.

(g) Outdoor Storage – Outdoor storage that is clearly necessary to the operation and conduct of a permitted principal use provided that it shall be completely hidden by a year round dense growth as required in “screen” in Article 3, Definitions.

(h) Roomers – The taking in of up to two (2) roomers in a single family home, by its residents, with no separate cooking facilities.

(i) Special Events, Outdoor – are temporary uses of general public assembly, limited in duration to not more than four (4) consecutive days and not more than twelve (12) days in a calendar year, conducted entirely outdoors for the purpose of entertainment, sports events, or contests. Temporary structures such as toilets, ticket booths, vending stations, and performance stages may be permitted. Applications for the assembly of one hundred (100) persons or less shall be reviewed by the Board of Selectmen who may hold a public hearing with notice to abutters prior to acting on the application. Applications for the assembly of more than one hundred (100) persons shall be reviewed by the Board of Selectmen who shall hold public hearing(s) with notice to abutters prior to acting on the application. Action by the Board of Selectmen shall give due consideration to public safety, neighborhood impact, and public interest prior to issuing a use permit under this section. Before granting a permit, the Selectmen shall determine that the following requirements are met:

(1) The site is appropriate for the proposed use or structure.

(2) The proposal is not detrimental, injurious, or offensive to the neighborhood.

(3) There will not be undue nuisance or serious hazard to pedestrian or vehicular traffic.

(4) Adequate and appropriate facilities and utilities will be provided to insure the proper operation of the proposed use or structure; and

(5) The proposal is consistent with the spirit of this ordinance and the intent of the Master and Comprehensive Plan.

(j) Stables and Kennels – The keeping of all non_pet horses, dogs, cats or other animals. The facilities shall conform to the following:

(1) Minimum site area – two (2) acres plus, in the case of horses, one (1) additional acre per horse, i.e., one (1) horse would require three (3) acres of land.

(2) No barn, shelter, or building used for boarding of said animals or the storage of feed and supplies shall be located closer than sixty (60) feet from any property line.

(3) Animal wastes shall not be stored any closer than one hundred (100) feet from any property line or surface waters.

(4) The area used for grazing, exercising, or training of said animals shall be securely fenced to prevent the animals from straying or a suitable restraint shall be provided to prevent straying.

(k) Swimming Pool – Any swimming pool must have an adequate enclosure, either surrounding the property or pool area, so it is not accessible to small children. The enclosure, including gates, must extend at least four (4) feet above the ground, and must not be operable from the outside by small children.

(l) Yard Sale – The use of a lot for the sale of private goods on the premises, provided that such sales cannot exceed four (4) times a year, each time not to exceed eight

(8) hours in length. A permit shall be obtained from the Police Department at least three (3) days prior to any yard sale. Adequate parking shall be provided so as not to interfere with traffic flow, and all related signs shall be used not more than twenty_four (24) hours before and after each sale. Yard Sales within the Historic District will not be permitted on Old Home Day unless sanctioned by the Old Home Day Committee.

(m) Drive-through Window – A window through which a business, such as a bank or restaurant, serves its clients while the clients remain in a vehicle. Provisions shall be required to ensure vehicular and pedestrian safety, including adequate queuing lanes, crosswalks, sidewalks, and points of ingress/egress.

(n) Home Office – A home office may be conducted in any dwelling in any zone with no Town review or approval required. Hours of operation for a home office are not limited. A home office shall be located entirely within a dwelling and shall have no impact on adjoining properties and no evidence of the home office from other properties. The home office shall not occupy more than twenty-five percent (25%) of the dwelling’s finished floor area. Only residents of the dwelling (no customers or non-resident employees) shall be permitted at the site for purposes related to the home office. No deliveries or pickups related to the home office are permitted on site except those that are typical of a residence such as deliveries or pickups by U.S. mail or by a resident of the dwelling. On-site sales and service transactions shall be made only by mail, over the telephone, or by other electronic means. Delivery of services and products shall be made off site, by mail, or by electronic means. A home office may include areas for storage, files, and equipment such as a computer, telephone, fax, copier, scanner, desk, drafting table, etc. Other equipment, such as sewing machines, plotters, photographic equipment, safes, etc., may be kept and utilized within the home office provided such equipment does not change the residential nature of the dwelling. No signs or on-site outdoor storage is permitted. Only motor vehicles having a rated capacity of one (1) ton or less and trailers having an overall length (including tongue) of twelve (12) feet or less may be used on site in conjunction with a home office. All such trailers shall be kept within a garage. No additional parking spaces shall be required beyond those required for the residence.

(o) Airplane Hangar – A building for the storage of airplanes as an accessory use to an approved airport. A hangar may be built to include facilities for related incidental office space and airplane repair.