ARTICLE 5. DIMENSIONAL REGULATIONS
§5.1 Land Standards
5.1 Land Standards
5.1.1 Lot Size and Buildable Area
(a) A dwelling, structure, or building may be constructed and used on a lot having the following minimum lot area provided topographic and soil conditions allow this lot to meet sanitary requirements for the use.
(b) The minimum new lot size is two (2) acres in the NRR zone and IR zone, and one (1) acre in all other zones. Every buildable lot must have at least one (1) acre of contiguous buildable area which has a minimum width of twenty (20) feet. The minimum lot size within the Historic District shall be two (2) buildable acres, regardless of the zone in which the property is located. Buildable area shall not include land which is wetlands as defined by Section 15.2, prime agricultural land or agricultural land of statewide importance as classified by the Federal U.S. Soil Conservation Service, or land having a slope greater than fifteen percent (15 %). The Planning Board may also allow lands classified by the Federal U.S. Soil
Conservation Service as prime agricultural or agricultural land of statewide importance to be included in the calculation of buildable area, if the Planning Board determines that the land is improperly classified, or that the size, location or adjoining use make the parcel unsuitable for agricultural use. All site plans for commercial use and subdivision plans that contemplate construction shall indicate the buildable area on the plan. Areas excluded from comprising the buildable area cannot be built upon or included in calculating overall density of the parcel. Appeals from this administrative decision shall be made to the Zoning Board of Adjustment.
(c) New lots that do not meet either the minimum lot size or buildable areas required may be approved by the Planning Board provided that said new lot be designated as non_buildable and restricted from use as a separate lot, or be joined to an adjacent lot which is, or will be after joining, a conforming buildable lot.
5.1.2 Minimum Lot Dimension
(a) Minimum frontage, setbacks, maximum coverage, and lot widths shall be as prescribed in Table 2, Dimensional Regulations.
(b) The frontage of a lot on a curve (cul_de_sac), where the side lines angle to increase width towards the rear, shall be measured along the front setback line, which may be more than the minimum setback distance from the front lot line. The lot width between the setback line and street line may be less than the width shown in Table 2, Dimensional Regulations, but no less than fifty (50) feet at any point.
(c) All lots shall have frontage on a street equal to the minimum lot width shown in Table 2, Dimensional Regulations, except as provided in the ordinance.
(d) The Planning Board may approve the lot with a smaller than required frontage on a public road or public water body if said lot has a permanent easement, right-of-way, or frontage of fifty (50) feet when the majority of said lot is separated from the public street or public water body by another lot or lots, and the lots meet all other requirements of this ordinance. The right-of-way must meet all road construction standards, but does not need to be paved.
5.1.3 Front Setback Area
(a) No part of any building, except uncovered steps, and no other structure, other than a sign or landscaping articles, shall be placed in the front setback area, measured from lot line to setback lines.
(b) In the case of corner lots, the front setback line applies to each bordering street, except as otherwise provided for in paragraph (g) below.
(c) On streets with less than fifty (50) feet right_of_way, the setback distance is measured from the street centerline, adding twenty_five (25) feet.
(d) Parking in the front setback area is limited as defined in Article 7, Off Street Parking.
(e) In the case of shorefront lots, the setback on the road side shall be the front setback.
(f) On lots in the NRR, LR, and SFR zones where the property line or property corners are not identified by a surveyor, the front setback may be measured from the nearest edge of the driveable road surface. When so measured, the front setback shall be 80 feet in the NRR and LR zones and 65 feet in the SFR zone.
(g) For any lot in the PC, RC, C, and I zones with frontage along a public road, street, or highway where access to or from the lot along said frontage is prohibited by governmental authority, side and rear setbacks shall apply along such frontages. For example, a lot at the corner of “State Route X” and “State Route Y”, located in the C zone, where access to the lot is permitted along State Route X but not along State Route Y, the front setback requirements shall apply along the State Route X frontage, but side setbacks shall apply along the State Route Y frontage.
(Amended 04/08/05, War. Art. 4 & Art. 5)
5.1.4 Side Setback Area
(a) No structure over four (4) feet high is allowed in the required setback area, the space from side lot line to side setback line. Such structure shall be no closer than five (5) feet from the property line.
(b) Accessory buildings, ornamental features, eaves, and cornices may project up to two (2) feet into the side setback area.
(c) Parking in the side setback area is limited as defined in Article 7, Off Street Parking.
5.1.5 Rear Setback Area
(a) Required rear yard shall be an area enclosed by the rear lot line, the side lines, and a line parallel to the rear lot line a distance from the rear lot line as specified in Table 2, Dimensional Regulations.
(b) Ornamental features, eaves, and cornices, etc. may project up to two (2) feet into the required rear setback area. Accessory buildings may be built in the rear setback areas with height up to twelve (12) feet, no closer than ten (10) feet from rear lot line or other buildings, and covering no more than thirty percent (30%) of the setback area.
5.1.6 Lot Coverage – Lot coverage is the percent of the total lot area which may be covered by all impervious surfaces, including, but not limited to, sidewalks, paved parking areas, paved drives, and structures. For the purpose of this subsection, a portion of a lot is covered by a structure if it has a roof, or if it has any part of any structure above it in a vertical line. Open recreation areas are not included in lot coverage. All remaining land except unpaved drives, parking areas, or open recreation areas, shall be considered green space and shall be developed and maintained as such. All efforts shall be made by the applicant to place green space as a buffer between the proposed use, the street, and abutting property. The Planning Board shall review
all plans accordingly and recommend changes where warranted to comply with this subsection.
Table 2 – Dimensional Regulations
5.2.1 Island and Shore Frontage District – Lots abutting or within one hundred (100) feet of Lake Winnipesaukee, Saltmarsh Pond, Lily Pond, Poor Farm Brook, Meadow Brook, Jewett Brook, Gunstock River, or any other year_round brook, shall be subject to the following special standards in addition to the other provisions of this ordinance:
(a) No building or structure, except docks and boathouses, shall be built within forty (40) feet, and no multi_unit building or motel shall be built within one hundred (100) feet of Lake Winnipesaukee, Saltmarsh Pond, or Lily Pond, or within one hundred (100) feet of the other subject waters. Except for dwelling units on an individual lot, the maximum building height within two hundred (200) feet of Lake Winnipesaukee shall be twenty_five (25) feet.
(b) Any non_residential use that involves the storage or use of materials that are pollutants, flammable, poisonous, explosive, or could be injurious to human, animal, fish, or aquatic life are prohibited, except those activities associated with a boating marina.
(c) Filling, grading, dredging, earth_moving activities, and other land use activities shall be conducted in a way to prevent, to the maximum extent possible, erosion and sedimentation of surface waters. To that end, the following standards shall apply in addition to other standards which appear in this ordinance:
(1) Where natural vegetation is removed, it shall be replaced with other vegetation that is equally effective in retarding erosion and preserving natural beauty.
(2) No road shall be constructed within fifty (50) feet of the normal water line of subject waters, except access for fire equipment and boat launching, or for bridge approaches.
(3) Any non_residential use shall maintain a buffer strip between the use and the shoreline as follows: for slopes up to ten percent (10%), forty (40) feet for ponds/lakes and one hundred (100) feet for brooks, plus two (2) feet for each one percent (1%) slope over ten percent (10%).
(d) In addition to Federal or State permits required for docks, piers, breakwaters, marinas, or other structures that project into these waters, these structures shall conform to the following:
(1) Access from shore shall be on soils suitable for the use and shall be constructed to control erosion.
(2) No more than twenty-five percent (25%) of the total lot water frontage may be dedicated to docks or similar structures.
(3) The use shall not interfere with developed beach areas.
(e) First floor elevation or openings of buildings shall be at least one (1) foot above the one hundred (100) year flood elevation as defined by the Department of Housing and Urban Development flood plain map.
(f) Any development of dwelling units on the shorefront shall require a minimum of one hundred fifty (150) feet of shore frontage per unit and dwelling units that will utilize the shore of subject waters for recreation shall meet the following standards:
(1) Swimming Beach – One hundred (100) square feet per dwelling unit, with minimum depth of twenty (20) feet and lake frontage of fifty (50) feet plus one (1) foot per dwelling unit over twenty_five (25).
(2) Boating Area – One hundred (100) square feet of waterfront per dwelling unit, with minimum lake frontage of fifty (50) feet plus one (1) foot per dwelling unit over twenty_five (25).
(3) Toilet Facilities – As determined by the Planning Board.
(4) Parking Area – One (1) space per unit if units are more than five hundred (500) feet from the waterfront area.
(5) One rubbish collection receptacle shall be provided within fifty (50) feet of the waterfront area for every one hundred (l00) feet of waterfront.
(6) All non-marina boat slips shall not be sold or leased separately from its designated dwelling unit.
(Amended 04/08/05, War. Art. 6)
5.2.2 Historic District – Buildings within the area defined by the Gilford Historic District, or which have been added as a remote site, shall be governed by the standards in Article 14, Historic District, in addition to the other standards within this ordinance. The minimum lot size within the Historic District shall be two (2) buildable acres, regardless of the zone in which the property is located.
5.2.3 Wetlands District – All areas delineated as wetlands shall be governed by the standards in Article 15, Wetlands District, in addition to the other standards within this ordinance.
5.2.4 Airport District – All areas within the approach areas to the Laconia Airport planned runways and landing strips shall be subject to the restrictions in this section in addition to other standards of this ordinance. These runways and landing strips are Runway 8_26, landing strip area five thousand nine hundred (5,900) feet by one thousand (1,000) feet, and Runway 17_35, landing strip two thousand nine hundred fifty (2,950) feet by two hundred fifty (250) feet.
(a) Height Restriction – The basis for determining the limit of height obstructions will be as outlined in FAR, Part 77, subparagraph B., paragraphs 77.11, 77.13, and subparagraph C., paragraphs 77.21, 77.23, and 77.25. The Laconia Airport Master Plan and approach zones, as on file with the New Hampshire Aeronautics Commission, will specifically detail the control and approach zone criteria and restrictions and limitations thereto. As prescribed by FAR, Part 77, notification of certain proposed construction or alterations will require prior notification to the Director of FAA before any local permits will be issued.
(b) Use Restrictions – No uses shall be permitted within the airport approach areas which may:
(1) Create an electrical interference with radio aids or communications between the airport and aircraft;
(2) Make it difficult for flyers to distinguish between airport lights and other lights;
(3) Result in glare or impair visibility in the vicinity of the airport by the discharge of smoke, steam, dust, or other obstruction to visibility; or
(4) Otherwise endanger the landing, taking off, or maneuvering of aircraft.
(c) Approach Areas – Runway 8_26 – The approach area for Runway 8 is one thousand feet (1,000) wide two hundred (200) feet beyond the threshold, and two thousand (2,000) feet wide at a point ten thousand two hundred (10,200) feet beyond the threshold. The approach area for Runway 26 is one thousand (1,000) feet wide two hundred (200) feet beyond the threshold, and one thousand five hundred (1,500) feet wide five thousand two hundred (5,200) feet beyond the threshold.
(d) Approach Areas – Runway 17_35 – The approach areas for both runway ends are two hundred fifty (250) feet wide two hundred (200) feet beyond the threshold, and one thousand two hundred fifty (1,250) feet wide five thousand two hundred (5,200) feet beyond the threshold.
(e) Additional Uses – Additional non_residential uses may be allowed as support services in the airport area by special exception, as long as these uses are clearly supportive of the use and convenience of the airport users and are not used primarily by non_airport users, and are in keeping with the Laconia Airport Master Plan then in effect.
(f) Enforcement – The provisions of RSA 424 shall be used in addition to the provisions within this ordinance for the enforcement of Section 5.2.4, Airport District, and its subsections.
5.2.5 Business Park District – All areas within the Business Park District shall be subject to the requirements of the underlying zone and the following provisions:
(a) Building Height – Buildings in this district may be permitted up to a maximum height of sixty (60) feet notwithstanding other height restrictions of the underlying zone, and provided all building code requirements are met.
(b) Permitted Uses – In addition to other land uses permitted in the underlying zone, a Medical Center (Section 4.3.13 and Section 4.7.3(m)) may also be permitted by special exception in the Business Park District provided the medical center is located in a structure or structures on the same lot having an aggregate of not less than 10,000 square feet of gross floor area.
5.3.1 Building Heights – The maximum building height shall not be more than thirty_five (35) feet of vertical distance as measured from the highest point of any roof or parapet to the lowest finished grade. Except for dwelling units on an individual lot, the maximum building height within two hundred (200) feet of Lake Winnipesaukee shall be twenty_five (25) feet. (See Article 3, Definitions, "Building Height" for method of measurement.) Except as provided for in the Laconia Airport Approach Plan, there shall be no limitations on the height of silos, churches, spires, copulas, or bell, clock, fire, observation towers, or chimneys, provided that such structures are approved by the Planning Board, not used for human occupancy, and are devoid of advertising. Public utility
transmission lines, towers, and poles may be allowed in all districts to greater heights provided that all routes with a design rating of one hundred (100) kilovolts or more shall be submitted to the Planning Board for approval prior to installation.
5.4.1 Cluster Development – In lieu of developing with standard lots, cluster development may be permitted in the Industrial zone. The purpose and intent of a cluster development is to allow for innovative site design; to reduce the amount of area disturbed on a lot; and to conserve desirable natural features, which in some cases may include wetlands, trees, views, and slopes. A cluster development in the Industrial zone consists of one (1) or more building pads in a single project where the individual pads are not required to meet typical minimum standards for lot frontage, lot area, buildable area, lot coverage, parking, etc., but only the lot on which the building pads are located is required to meet such minimum standards. The following regulations shall apply to
cluster development in the Industrial zone:
(a) Project Layout – Projects shall be designed so each lot intended for cluster development has on it one (1) or more building pads and a reserved area. The building pad is a smaller area within a larger lot which is primarily for siting buildings. A pad may be owned independent of other pads or the reserved area on the same lot. The reserved area on a lot is intended primarily for landscaping and natural areas, parking, accessory buildings, and some signage. Cluster developments generally will include building pads surrounded by reserved area.
(b) Lot Regulations – Each lot to be developed with cluster development shall meet the minimum lot requirements of the Industrial zone including frontage, area, setbacks, access, etc. Access to each lot shall include a standard driveway not less than twenty (20) feet wide having a year-round driveable surface. Driveways may be shared as long as affected parties are conveyed a legal means of establishing, using, and maintaining such driveways.
(c) Pad Regulations – A building pad is an area of a lot which may be covered partially or completely by up to one (1) principle structure and one (1) accessory structure. Parking, landscaping, signage, utility structures, and other site features may also be located on building pads.
(1) Area – Building pads shall have a minimum area of four hundred (400) square feet. There is no maximum pad area.
(2) Width/Depth – Building pads shall have a width and depth of not less than twenty (20) feet. Width and depth measurements shall be made along a perpendicular line from one pad boundary line or any of its tangents to the pad boundary line most nearly parallel to and distant from it.
(3) Frontage and Access – A pad shall not front on a public street but shall be located on a lot meeting all minimum requirements of the Industrial zone. Pads shall remain safely and reasonably accessible for pedestrians and vehicles. Access to each pad shall include a standard driveway not less than twenty (20) feet wide having a year-round driveable surface. Driveways may be shared as long as affected parties are conveyed a legal means of establishing, using, and maintaining such driveways.
(4) Setbacks – Building pads shall be set back from an exterior property line of a cluster development lot a distance not less than the required minimum setback of the zone. Building pads may abut other building pads on the same lot.
(d) Reserved Area Regulations – The reserved area is primarily where parking, landscaping, accessory buildings, and some signage may be located. On a cluster development lot a principle structure shall be located only on a building pad and not within a reserved area. Accessory structures may be built in reserved areas if specifically approved by the Planning Board. Reserved areas may be under single or common ownership.
(e) Approval – Upon finding that a proposed cluster development meets with the purpose and intent of this section and that the plan satisfies all of the requirements of this section, the Planning Board may grant approval of a plan for a cluster development. The applicant shall be responsible for permitting of special exception uses.
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