Seabrook (N.H.).

Annual reports of the Town of Seabrook, New Hampshire (Volume 1976) online

. (page 7 of 10)
Online LibrarySeabrook (N.H.)Annual reports of the Town of Seabrook, New Hampshire (Volume 1976) → online text (page 7 of 10)
Font size
QR-code for this ebook


and which is located in a building in existence at the
time this ordinance is enacted which has not been
expanded after the enactment of this ordinance .

8. Dead storage of travel trailers not more than 27 feet in
length and boats used by the residents or tenants.

2,

75



9. Swimming pools for use of occupants and guests.

10. Accessory buildings not for human habitation which are
incidental to the primary uses.

11. Accessory uses by owner or tenants incidental to the above
permitted uses and not detrimental to a residential neighbor-
hood, except tents erected for the purpose of human
habitation.

B. ZONE 2



In Zone 2, no buildings, structure or portion thereof shall be erected,
altered, moved or used and no land or building or part thereof shall be used,
arranged or designed to be used except for one or more of the following uses:

1. Any use permitted in Zone 1, subject to all limitations there
applicable.

2. Home occupations including agriculture.

3. Cemeteries.

4. Nursing or convalescent homes for not more than twenty patients.

5. Farm buildings for the operation of farms.

6. Retail businesses and wholesale businesses incidental to principal
retail business.

7. Gasoline stations, but not including the outdoor storage or
inoperative and unregistered automobiles, provided that no new
gasoline station shall be located within 1,000 foot radius of an
existing gasoline station.

8. Banks and offices.

9. Commercial recreation, amusements and entertainment which is
conducted within the confines of a building, except in those areas
in Zone 2 to the East of the Blackwater River.

10. Travel trailer parks, except in those areas in Zone 2 to the East
of the Blackwater River.

11. Restaurants and lounges.

12. Hotels and motels.



3.

76



13. Public utility buildings (non-manufacturing).

14. Theatres and halls.

15. Manufacturing clearly subordinate and incidental to the permitted
business conducted on the premises.

16. Accessory uses of structures and of land normally incidental to
the permitted principal use of the premises.

C. ZONE 3



In Zone 3, no buildings, structure or portion thereof shall be erected, altered,
moved or used and no land or building or part thereof shall be used, arranged or
designed to be used except for one or more of the following uses:

\. Any uses permitted in Zone 1 and Zone 2, subject to limitations there
applicable.

2. Warehousing, storage or wholesaling establishment.

3. Manufacturing of such a nature that the use is not obnoxious or
injurious to the health and safety of the community.

4. Accessory uses of structures and open spaces normally incidental
to the permitted principal use of the premises.

D. ZONE 4



In Zone 4, no buildings, structure or other improvements shall be
erected or altered herein and no land or building or part thereof shall be used
or designed to be used except for recreation purposes.

E. ZONE 5



In Zone 5, there shall be no restrictions on uses.
SECTION IV : AREA AND HEIGHT REGULATIONS

A. HEIGHT : No structure may exceed the maximum height of two and
one-half stories or thirty-five (35) feet except Public Utility or Municipal
structures.

B. AREA AND FRONTAGE: No building shall be erected, placed, moved
or otherwise located on a lot containing less than 12,500 square feet in area, or
less than ninety (90) feet of frontage on an existing road, and has an average width
of ninety (90) feet unless such lot is on record in the Rockingham County Registry

4.

77



of Deeds prior to the enactment of this ordinance. No dwelling building shall
contain more than two (2) living units per ninety (90) feet of frontage on an existing
road or more than two (2) living units per 12,500 square feet of land area. Provided,
that except in those areas of Zone 2 to the East of Blackwater River, an additional
dwelling building containing no more than one living unit may be placed on a lot in
Zone 2, in addition to such buildings as are otherwise herein permitted on a lot,
provided that said lot contains 12,500 square feet of land area per building.

C. SET BACK AND SIDELINE: No structures shall be placed less than

1) Twenty (20) feet in a residential area, or

2) Thirty (30) feet in a commercial area, or

3) Fifty (50) feet in an industrial area

from the sidelines of the right-of-way of any road, nor closer than eight (8) feet
to the nearest lot line. Steps shall not be considered a part of the structure, but
porches, piazzas and other similar elements shall be considered a part of the
structure.

SECTION V: BOUNDARIES OF DISTRICTS

In the event that uncertainty exists with respect to the boundaries of the
various districts as shown on the official Zoning Map, the following n ^es of
interpretation shall be applied:

A. Where a boundary is indicated as a highway, railroad or such other
landmarks, it shall be construed to be the center line thereof unless otherwise
indicated on the Zoning Map.

B. Where a boundary is indicated as approximately parallel to a highway,
railroad or such other landmark, it shall be construed as parallel thereto and at
such distance from as shown on the Zoning Map.

C. If no dimension is given on the Zoning Map, the location of any boundary
shall be determined by use of the scale shown on the Zoning Map.

D. Where a boundary coincides approximately by lot lines, such lot lines
shall be construed to be the boundary where such interpretation is practical. How-
even when a boundary between two districts divides a lot the Board of Adjustment
may upon application by the lot owner allow those uses for the lot which are least
restrictive as between the two districts.

E. Where not otherwise provided for, or a question exists, the Planning
Board shall determine the exact boundary line.



78



SECTION VI : GENERAL PROVISIONS :

A. SANITARY AND SAFETY PROTECTIONS :

The Building Inspector shall maintain a complete record of all building
permits granted under the terms of this Zoning ordinance and shall send a
monthly report to the New Hampshire Water Supply and Pollution Control
Commission, with a copy to the Planning Board, of all permits which have been
granted during the previous month which in the judgment of the Building
Inspector involves construction falling within the jurisdiction of review of
said Commission.

B. NUISANCE CONTROL :

The occurrence of activities that may be obnoxious or injurious by reason
of the production or the emission of odor, dust, smoke, fumes, refuse matter,
noise, vibration, or similar conditions, or that are dangerous to the health,
safety or value of property of the community, or that lends otherwise to the
annoyance or disturbance of a neighborhood, shall be prohibited.



C. THE DUMPING OR DISPOSAL OF GARBAGE AND OTHER REFUSE:

Promiscuous dumping; no land in any District shall be used for a dumping
place for garbage and refuse from either private or from commercial or from
industrial sources except the public dump as provided by the Town and except with
the approval in writing of the Public Health Officer or the Board of Adjustment upon
such conditions as they may require.

D. SAND, TOPSOIL, AND GRAVEL REMOVAL :

It shall be unlawful to excavate and remove from the premises sand or
topsoils or gravel from land extending 500 feet from the surface of a highway,
street, or road, or other public way excepting such surpluses of topsoil, sand,
and gravel as may result from excavations when constructing basements or found-
ations for buildings or when excavating for driveways, parking lots and streets
except as may be permitted by the Board of Adjustment upon application by the lot
owner. An approval for excavation by the Board of Adjustment shall be considered
valid only when issued in writing and under such conditions as it may require.



79



E. MOTOR VEHICLE AND MACHINERY JUNK YARD S:

In pursuance of the authority conferred by Chapter 267 and Chapter
267 -A of New Hampshire Revised Statutes Annotated, as amended, the following
regulations shall govern the upkeep of motor vehicle and machinery junk yards.
The following definitions shall be used in the interpretation of these regulations:

1. The term "Motor vehicle junk yard" as used herein shall include
any business and any place of storage or deposit, whether conducted in
connection with any other business (such as garage, auto repairs, new or
second-hand auto sales, service station, etc.) or not, which has stored, deposited
or abandoned:

(a) two (2) or, more unregistered motor vehicles which are no
longer intended or in a condition conforming with legal
requirements for use on the public highways, or

(b) used parts of motor vehicles, or such pieces of iron, bronze,
or other metals, glass, paper, rubber, or other discarded or
second-hand material as has been a part, or intended to be a
part of any motor vehicle, the sum of which parts or materials
shall be the equivalent in bulk of two (2) or more passenger car
motor vehicles.

(c) The term "motor vehicle junk yard" shall also include any
place of business or storage or deposit of motor vehicles
purchased or acquired otherwise for the purpose of dismantling
the vehicles for their parts or for use of the metals for sale

as scrap materials as well as those places where scrap metals are
salvaged by burning the motor vehicles or where motor vehicle
parts are cut up for the salvage of metals in more convenient sizes.

2. The term "machinery junk yard", as used herein shall mean any yard
or field used as a place of storage in which there is displayed to public view junk
machinery of any kind or scrap metals that occupy an area of not more than an
aggregate of five hundred (500) square feet .

3. Regulations effective with the enactment of tins ordinance:

(a) No person, corporation, or associate :i shall locate or maintain a
motor vehicle junk yard or a machinery junk yard within a distance
of one hunted and fifty (150) feet from the surface of any public
highway unless such yard is fenced or screened so as to be completely
hidden from view of the highway.

7.



80



(b) Yards currently in operation shall be permitted a period of sixty (60)
days of grace in which to complete the actions necessary for
compliance with these regulations before violators may be prosecuted.

4. Nuisance abatement:

(a) Any motor vehicle junk yard or machinery junk yard located or
maintained in violation of the provisions of this sulxlivision is
hereby declared a nuisance and the same may be abated on complaint
of any prosecuting officer.

5. Penalty for violation: Whoever violates any of the provisions of these
regulations governing junk yards shall be fined not more than one hundred (100)
dollars or imprisoned for not more than six months, or both.

SECTION VII: ADMINISTRATION AND ENFORCEMENT

A. AUTHORIZATION FOR ADMINISTRATION AND ENFORCEMENT:



1. This ordinance together with the Building Code of Seabrook, New
Hampshire shall be administered and enforced by the Board of Selectmen.

2. The Board of Selectmen is hereby given the power and the authority to
appoint a Building Inspector and a Deputy Building Inspector, who shall act in the
absence, disability or unavailability of the Building Inspector, and to delegate to
such Building Inspector the power and authority to administer the provisions of
this Ordinance that require use of the Building Permit.

B. BOARD OF ADJUSTMENT:

A Board of Adjustment as established, is hereby continued as such, and its
membership and duties shall conform to the provisions of Chapter 31, Sections 66 to
89 inclusive of the New Hampshire Revised Statutes Annotated or uny amendments
or additions made thereto.

C. ADMINISTRATIVE PROCEDURES PERTAINING TO USE OF THE BUILDING
PERMIT:



1. No building, structure, or use of land shall be const rue led, developed,
enlarged, materially altered or moved until an application lor a permit to do so shall
have first been made to the Building Inspector, and a building permit issued in writing
by him authorizing such action, provided it complies with the provisions ol' this
ordinance. For the purpose of this ordinance any structural alteration which
increases the valuation of the principal structure by less than $500.00 shall not be
deemed to be a material alteration.

8.

81



2. No building permit shall be issued by the Building Inspector until all
applicable provisions of this ordinance have been complied wiih.

3. There shall be a fee for the review of an application, inspection of the
premises (if required) and the issuance of a building permit of five ($5.00) dollars,
plus the sum of two ($2.00) dollars per thousand ($1,000. 00) dollars, (or any fraction
thereof) of estimated cost of the building or project with a maximum fee of one
thousand ($ 1 , 000. 00) dollars. Such estimated cost shall be submitted by the applicant,
subject to the approval of the Building Inspector who may revise such cost estimate if
it appears too high or too low, but if the applicant is not satisfied, the Selectmen
shall make a final determination on behalf of the Town of Seabrook, and he shall
account and pay over all such fees to the Town. In addition, a ice of twenty ($20.00)
dollars shall be required if a public hearing is deemed necessary by the Planning
Board, which fee shall be payable upon application. The building permit fees may be
increased, if circumstances warrant, by unanimous consent of the Board of Selectmen.

4. No application for a building permit shall be accepted or approved unless
it is (1) filed in writing on a form prescribed by the Selectmen, (2) accompanied by
the required permit fee, (3) accompanied by a drawing or p|at, in duplicate, showing
the lot plan, the location of the building, or use on the lot, accurate dimensions of
the lot and building or use, and where for human habitation or use, showing location
and specifications, and means of waste and sewage disposal, means of access to such
lot or use, and such other information as the Building Inspector may deem necessary
to provide for the observance of the provisions of this ordinance. No build ing permit
for any work or project estimated to cost more than $10,000.00 shal be issued until
the Building Inspector has inspected the premises and has satisfied himself that all
lot, building, structure and land use stakes or markers are in place and comply with
the provisions of this ordinance.

5. No application for a building permit shall be approved until stakes or
markers shall be fixed on the lot to indicate the location of lot lines and all corners
of building(s), structure(s) and alterations proposed, and where the Building Inspector
deems it necessary or desirable, of the means of access thereto. Where the
application is for land use not involving excavations, grading, or other development
or use of the ground or landscape concerned, stakes or markers shall be fixed on
the lot to indicate the location of lot lines and bounds of all such excavations, grading
or land development(s) proposed.

6. A building permit whether for a building, structure, material alteration
or proposed land use, or otherwise, under the authority of which no work has been
commenced within one year after issuance shall expire and become void upon such
anniversary.






82



7. No land shall hereafter be used for building or development and no
building or structure hereafter erected, enlarged, materially altered, or moved,
in whole or in part for any purpose until a building permit shall have been issued
by the Building Inspector showing that the use and development of the land, building
or structure complies with the provisions of this ordinance.

8. A building permit may be issued upon such conditions as the Building
Inspector, or when applicable, as the Board of Adjustment may deem necessary to
assure the observance of the provisions of this ordinance. Any building permit
issued sliall authorize only such work or project as the application and the permit,
taken together, reasonably allow. The Building Inspector or the Selectmen may
suspend or revoke any building permit upon determining that the work or project
in process is not in conformity with the permit as granted, or is otherwise in
violation of the terms of this ordinance. In event of such suspension or revocation
of a building permit, the work or project concerned shall immediately cease, or
legal action to enforce such cessation shall forthwith be taken by the Selectmen.

D. DUTIES OF THE BUILDING INSPECTOR :

1. The Building Inspector shall assist the prospective builder to conform
with the provisions of this ordinance.

2. To determine at the site of work operations whether these follow the
plans and specifications as proposed in the Application for a Building Permit and
the extent of compliance with the Building Code ordinance of the Town.

3. To maintain a complete and accurate record of the work performed by
the Building Inspector, keeping such records as are required for this purpose in
files at the Office of the Board of Selectmen.

4. To assist the Selectmen in the enforcement of this ordinance.

E. ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE :

1. Upon receipt of information from any source that any provision of this
Ordinance is being violated, the Building Inspector, Health Officer, or Police Chief
shall promptly investigate the alleged violation at its site and, through the Board of
Selectmen, shall undertake the following actions to enforce the provisions of this
ordinance:

a. Notify the owner or his agent in writing of the nature of the violation
and ordering immediate correction of it, and



10.



83



b. When satisfactory compliance has not been obtained following such
notification, the Selectmen shall have a complaint prepared against
the offending party who shall be summoned to appear in Court to
answer such complaint, or the Selectmen may take any other action
that may be appropriate or in accordance with the advice of Town
Counsel.

2. Penalties: Any person, firm or corporation violating any of the
provisions of this ordinance shall be guilty of a violation, punishable by a fine of
not more than One Hundred ($100. 00) Dollars, upon conviction, for each day such
violation may exist or continue. Any such violation, once commenced, shall
constitute a continuing violation until it is terminated, and such a continuing violation
may be prosecuted as a single violation, or as a series of separate violations.

SECTION VIII: NONCONFORMING USE:



A. At the time this ordinance takes effect, all lawful buildings, structures,
and land then devoted to uses which would not be otherwise allowed in the district where
the same is located by the terms of this ordinance are declared to be non -conforming
uses.

B. A non -conforming use, except for the uses authorized under Section III,
C - 2, 3 and 4, may not be changed subsequently to another non-conforming use of
the same premises nor may the non -conforming use be expanded beyond that which
existed upon the adoption of this ordinance, nor resumed after the lapse of one
year unless a special exception has been granted by the Board of Adjustment.

C. Land ami buildings thai aru idle or not put to any specific use shall be
considered to be in a conforming status.

D. Nothing in this ordinance shall prevent substantial restoration within
one year and continued non -conforming use of a building that has been damaged by
fire, water or other casually. Authorization must be obtained from the Board of
Adjustment before restoration of non-conl'orming property may be undertaken when
such restoration involves (1) structural or architectural changes in the building,
or (2) changes in the use of the property.

E. Any buildings or structures for uses as authorized in Section III, C - 2,

3 and 4, whether or not in Zone III, for which building permits have been issued prior
to the enactment of this ordinance, shall lie considered as existing for purposes of
this Section only.

F. Anv building, structure or kind, in or on winch a rum conforming use
is replaced by a permuted use, shall Ihereallei confurm to the regulations for the
district in which such structure is located, and the non -conforming use may not
thereafter be resumed.

11.






SECTION IX: AMENDMENT, SEVERABILITY, AND WHEN EFFECTIVE:



A. When provisions of this ordinance, or any part thereof, may be amended,
supplemented or repealed in the manner set forth by Chapter 31 of Revised Statutes
Annotated as amended.

B. Whenever ihe regulations made under the authority hereof differ from those
described by any statute, ordinance or other regulation, ihat provision which imposes
the greater restriction or the higher standard shall prevail.

C. Should any section or provision of this ordinance be held to be invalid

or unconstitutional by any Court of competent authority and jurisdiction, such holding
shall not affect, impair or invalidate any other provision of this ordinance, and to
such end all sections and provisions of this ordinance are declared to be severable.

D. This ordinance shall take effect upon its passage, and shall thereupon
supersede all prior zoning ordinances of the Town of Seabrook. No provision of
this ordinance however shall limit or affect the power of the Planning Board as
authorized by the Town under Chapter 36 Section 19 of New Hampshire Revised
Statutes Annotated, on March 7, 1972.

S ECTION X: DEFINITIONS:

Accessory building: A building whose purpose is subordinate to that of the main
building. It may be separate from or attached to the main building. For the purpose
of this ordinance a breezeway, a garage or a carport that is attached directly to, or
by means of another structure to the main building, shall be regarded as an integral
part of the main building.

A ccessory use: Any subordinate use oi premises which customarily is accepted as a
reasonable corollary to the principal use thereof, and which is neither injurious nor
detrimental to the neighborhood.

Alteration : Of a building or a fabricated structure means a change, rearrangement,
or addition involving the original structu ral parts, or significant changes, or additions
to the plumbing, gas piping, electrical wiring, ventilation, or heating installations.
Such alterations are not to be confused with replacements or repairs.

Building hei ght: The height of a building is the vertical distance from the grade to the
highest point of the coping of a flat roof, or to the dcckline of a mansard roof, or to
the main mean height between the plate and the ridge of a pitched or a hip roof.

District: A division of the total area of the Town including all of the land, water,
streets, and buildings within the designated boundaries.



12.



85



Dwelling: Single 'вЦ†family - A detached building designed for or occupied exclusively
by one family.

Dwelling: Two-family - a detached building designed for or occupied by two families
exclusively, living independently and separately of each other therein.

Foundation: The structural materials supporting a building.

Frontage: Line separating private property from a public right of way or street.

Home occupations : Any work involving mechanical production, crafts, domestic
arts, or services that are produced for a profit on the premises and incidental to
the occupancy of a dwelling and its accessory building by a family unit and employing
not more than three (3) persons outside of the immediate family. Examples: radio
repair, hairdressing, dressmaking, shoe repairs.

House, guest, rooming: A building in which bedrooms are rented to semi -permanent
guests whose meals, when consumed on the premises, are prepared only by the
proprietor or his employees.

Hotel, motel: A building designed for or used commercially as more or less
temporary living quarters for persons who are lodged with or without meals, in
which are ten or more sleeping rooms usually occupied by transients.

Land: For the purposes of this ordinance, the word "land", wherever used, shall
mean and include all the surface of the earth within the limits of the Town of Seabrook,
including all land, ground and subsurface deposits, all the air space above the land to
the limits of the Town's jurisdiction thereof, and all waters, tide waters, marshes,
flats and underwater lands to the limits of the Town's jurisdiction thereof. Provided,
however, that as to a lot and its area and bounds as defined herein, the term "land"
shall not include water or underwater lands, whether tidal or otherwise, unless other-
wise provided herein.

Lot: One parcel of land set off as a unit and either occupied by or intended to be


1 2 3 4 5 7 9 10

Online LibrarySeabrook (N.H.)Annual reports of the Town of Seabrook, New Hampshire (Volume 1976) → online text (page 7 of 10)