ARTICLE 6. GENERAL PROVISIONS
6.1 Unsafe Structures – No owner or occupant of land in any district shall permit fire or other ruins to be left indefinitely, but will within one (1) year remove or refill the same to clear ground level or shall initiate repair of, or replacement of the structure.
6.2 Obnoxious Uses – Any uncommon use that may be obnoxious by reason of production or emission of odor, dust, smoke, refuse matter, fumes, noise, vibrations, or similar conditions, or that is dangerous to the comfort, peace, enjoyment, health, or safety of the community, as determined by the Board of Selectmen and the Planning Board, may be prohibited.
6.3 Visibilities at Intersections – On a corner lot nothing shall be erected, placed, planted, or allowed to grow so it can obstruct vision between the heights of two (2) feet and ten (10) feet above the adjoining street grade in the area bounded by the street side lines and a line joining the points on the street side lines forty (40) feet from their point of intersection at the lot corner.
6.4 Fences, Walls, and Hedges – In a residential district, opaque fences, walls, and hedges, located within the front setback shall not exceed three (3) feet in height without Planning Board approval. Except for a common fence, all fences shall be located at least one (1) foot from the property line.
6.5 Screening – When a lot is occupied by a non-residential use, and adjoins a residential zone or use, a screened buffer fifty (50) feet wide shall be provided on that lot. This buffer shall provide dense, year round, vegetative screening at least fifteen feet (15) wide. Natural cover already in existence may be retained if it provides adequate screening, otherwise shrubs, trees, and/or other dense vegetation shall be planted to create a visual buffer between the two uses. This may also serve as the required setback area. An opaque fence six (6) feet high may be required by the Planning Board to assure additional protection from noise and visual blight.
6.6 Unlicensed Vehicles – In any zone, motor vehicles that require a license plate, but which are without a current plate, shall be parked or stored only in authorized or approved sales area or in approved junk yards. In residential zones, unlicensed vans and trucks of more than one (1) ton carrying capacity or drag/stock cars shall be stored out of sight from adjacent properties. This does not pertain to farm and utility vehicles or other vehicles that are in regular use and do not need a license plate for such use.
6.7 Building on Unaccepted Streets
6.7.1 Building Permits – Shall not be issued unless the street giving access to the lot shall be accepted by the Town, or unless such street corresponds in its location and lines with a street shown on a subdivision plan approved by the Planning Board, or unless the lot has frontage on a public water body.
6.7.2 Farm Buildings – The provisions of this section shall not prevent the issuance of a building permit for construction of farm or accessory buildings, which are not in violation of any lawful regulation.
6.7.3 Waivers – When existing conditions warrant or when there has been sufficient proof of substantial previous construction on the street, the Selectmen may authorize the issuance of a building permit. Selectmen shall consider the desirability or feasibility of the development of a public road in view of public health, safety, convenience, or welfare.
6.7.4 Acceptance of Streets – Any person may petition the Board of Selectmen for acceptance of a street according to the regulation of the Town and State law.
6.8 [Reserved]
6.9 Sanitary Regulations – No part of sewage disposal system shall be nearer to any water supply, stream, watercourse, dwelling, or property line, than allowed under the laws and regulations of the State of New Hampshire or the Town of Gilford, whichever is more restrictive in the particular instance. No waste waters or sewage shall be permitted to run free into a public body of water or be discharged in any way that may be offensive or detrimental to the health of others. All such waste shall be conveyed away underground through the use of an acceptable sanitary system or disposed of in such a way that it will not be offensive or detrimental to health.
6.10 Temporary Structures – Non-conforming structures that are incidental to a conforming use, such as construction offices, may be issued a temporary permit, for a period of one (1) year, upon approval of the Planning Board and agreement by the owner to remove said structure upon expiration of the permit or occupancy of the conforming structure or start of the conforming use unless the permit is renewed by the Planning Board.
6.11 Excavation Fences – Unattended excavations deeper than two (2) feet or that have slopes exceeding one (1) foot horizontal to two (2) feet vertical, shall be protected by a fence at least three (3) feet in height.
6.12 Access and Safety – The Planning Board may require changes in site plans relative to setbacks, driveways, driveway entrances and exits, landscaping, location and height of buildings and enclosures, to insure safety to traffic and adjacent properties.
6.13 Condominium Conversion – The Board of Adjustment may grant a special exception to permit a conversion of an existing use, other than mobile home parks, to condominium ownership under RSA Chapter 356B: 5 if it meets all the provisions of this ordinance:
(a) There will be no increase in the number of units.
(b) There will be no increase in the number of bedrooms per unit.
(c) The use meets current standards for septic and water systems.
(d) Final Condominium Documents shall be filed with the Planning Board for approval prior to the sale of a unit (review of documents is done by town counsel, at applicant's expense); and deed covenants provided for ownership and maintenance of common open space, roads, and provide utilities by a mandatory homeowner's association.
(e) The final plan of the conversion meets the requirements of the Gilford Subdivision Regulations.
(f) The final plan of the conversion meets all current Life Safety requirements.
6.14 Family Apartment – An apartment may be made in, or added to a single family dwelling for relatives of the family. Such apartments shall not be converted to rental for non-family use unless it meets standards for such use.
6.15 Marina Condominiums –
(a) Minimum lot area of thirty thousand (30,000) square feet plus four thousand (4,000) square feet per wet slip or per dry storage space for boating season use.
(b) No more boats than slips plus dry storage spaces, except for small accessory boats such as dinghies, canoes, Sunfish, and the like.
(c) Plan shall show winter storage, play areas, and one an one half (1½) parking spaces per slip or dry storage space.
(d) There shall be a minimum of one (1) men's shower, urinal, water closet, sink; and one (1) women's shower, water closet, and sink for each thirty (30) slips or dry storage spaces or fraction thereof.
(e) There shall be adequate room for safe boat and vehicle traffic.
(f) The condominium declarations shall designate a local person in charge, provided that future changes obtain Planning Board approval, and phase out commercial usage.
(g) The plan shall show each parcel as a separate lot for subdivision approval.
6.16 Maintenance – Required setback areas shall be maintained in a neat, well-landscaped, or natural field or woodlot condition. All structural surfaces visible from adjacent lots or the street shall be maintained in good repair so the appearance will not detract from the value or enjoyment of neighboring properties.
6.17 Condominium Documents – All condominium conversions or construction shall submit all condominium documents as required by the State of New Hampshire to the Planning Board for approval. The Planning Board may refer said documents to town counsel for review and recommendations. Any such review by town counsel shall be at the applicant's expense.
6.18 Density of Dwelling Units to Land Area – Each dwelling unit shall be on a separate lot meeting the minimum lot size as provided in Section 5.1.1, Lot Size and Buildable Area; except, family apartments as per Section 6.14, Family Apartment, may share the minimum sized lot with the principle dwelling unit; a two-family home as per Section 4.2.7, Two-Family Residence, shall be on a lot twice the minimum size; and multi-family and planned unit developments shall permit a greater number of units per acre as provided in Sections 11.4.6 and 11.4.4 respectively.
6.19 Fire Protection for Non-Residential Property – A water supply suitable for fire protection purposes must be provided by the developer. This water supply must meet the requirements set forth by the Fire Department.
6.20 Fire Protection for Residential Property – A water supply suitable for fire protection purposes must be provided by the developer for all Multi-Family, Planned Unit Development, Cluster Housing projects, Manufactured Housing Parks, and Single Family subdivisions of six (6) lots or more. This water supply must meet the requirements set forth by the Fire Department.
6.21 Manufactured Housing – Manufactured housing units as defined in Article 3, Definitions, shall meet the standards of the U.S. Department of Housing and Urban Development for design, manufacturing, quality control, and certifications in accordance with 24 C.F.R. Chapter 20, April 1, 1987, Part 3280 – Manufactured Constructed Home and Safety Standards. All units placed on new or existing sites shall meet these standards. Manufactured housing shall be allowed only within approved manufactured housing parks and manufactured housing subdivisions. Planned unit development techniques and references shall not apply to manufactured housing. The height of any accessory building to a manufactured housing unit shall not exceed the height of the
manufactured housing dwelling unit.
6.21.1 Manufactured Housing Parks – This section provides the standards and guidelines for the development of manufactured housing parks. Dwelling units in manufactured housing parks may only be manufactured housing units. The design and development of a manufactured housing park shall provide for a safe, secure, pleasant, and attractive residential atmosphere for its occupants and for the neighborhood in which it is located. Development shall be subject to:
(a) Minimum Park Area – Twenty-five (25) acres.
(b) Maximum Density –
LR Zone – One (1) unit per buildable acre as defined in Sections 5.1.1(a) and (b).
NRR Zone – One half (½) unit per buildable acre as defined in Sections 5.1.1 (a) and (b).
(c) Minimum Spacing – A minimum of fifty (50) feet shall separate each dwelling unit and any of its accessory buildings from every other dwelling unit and its respective accessory buildings.
(d) Setbacks – A minimum setback of fifty (50) feet shall be required from all boundaries of the park. A twenty (20) foot setback shall be required from all internal roadway rights-of-way.
(e) Lot coverage – Impervious lot coverage shall not exceed the limits specified in Table 2 Dimensional Regulations. Lot coverage shall mean the area sum of all unit sites calculated at the rate of not less than one thousand two hundred (1,200) square feet each and all other impervious surfaces such as, but not limited to, roads, services, and accessory buildings.
(f) Drainage – Storm water drainage shall be calculated by an approved method and stormwater management shall be provided for a standard 100 year event as defined by the U.S. Soil Conservation Service.
(g) Access – Access to individual units within the park shall be provided by means of interior private roads, which are constructed and maintained to Gilford Minimum Road Standards, except such roadways shall be at least twenty (20) feet wide in a right-of-way forty (40) feet wide. Such interior roads shall remain private. Outlets to public rights-of-way shall be provided in number and layout determined to be appropriate by the Planning Board.
(h) Green Space – All space not developed as roadway, parking, utilities, unit sites, or recreation facility, shall be designated and maintained as green space.
(i) Screening – Screening, as defined in Article 3, Definitions, shall be placed in all setback areas. Where existing natural growth provides sufficient visual screening, it may be utilized to accomplish the desired buffering effect as long as it meets the criteria of Screening in Article 3, Definitions, and is maintained as an effective screen.
(j) Utilities – Proper connections to each manufactured housing site shall be provided for electrical, sewer, and water facilities, and such installation shall be subject to inspection and approval of the Code Enforcement Official. All private and public utilities shall be placed underground.
(k) Density Increases – Increases in allowed density may be granted by special exception subject to meeting the requirements of Section 11.4.1, Density Increases for Manufactured Housing Parks.
6.21.2 Manufactured Housing Subdivision – This section provides the standards and guidelines for the development of manufactured housing subdivisions. Development shall be subject to:
(a) Minimum subdivision size – Ten (10) acres.
(b) Town of Gilford Subdivision Regulations.
(c) Allowed Structures – Subdivisions developed and approved for manufactured housing shall contain only manufactured housing dwelling units and any allowed accessory buildings. The plan shall contain a note designating the subdivision for manufactured housing only.
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