Seabrook (N.H.).

Annual reports of the Town of Seabrook, New Hampshire (Volume 1978) online

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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 any amendments
or additions made thereto.

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

1. No person or entity shall undertake any construction, development or
alteration of any building structure or use of land without a written building
permit issued by the Building Inspector unless such undertaking Is for normal
maintenance or for emergency repairs,

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

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 the estimated cost of the building or project

over ($500.00) 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 fee 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 plat, 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 building permit for any work or project
estimated to cost more than $10,000.00 shall be issued until the Building



112



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.

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 shall 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.



113



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 invest-
igate 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

b. When satisfactory complaince 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 vio-
lating 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 vio-
lation may exist or continue. Any such violation,
once commenced, shall constitute a continuing
violation until it is terminated, and such a con-
tinuing violation may be prosecuted as a single
violation, or as a series of separate violations.

F. CONTROLLED GROWTH:



To guide the growth of the Town in a manner not to ex-
ceed its present and future ability to provide expanded facilities
to support such growth, and specifically to protect public health
standards such as water quality and quantity and sewage treatments
requirements.

The following restrictions are set:

1. The issuance of building permits for dwellings in
any subdivision shall be limited in any one calen-
dar year to fifteen (15%) per cent of the number
of undeveloped lots existing in said subdivision
as of January 1, 1978, or if approved after
January 1, 1978, on the date of said Town approval
until said subdivision is filled.

2. In all cases where the computation of the percent-
age under subparagraph 1 above is a fraction, that
fraction shall be rounded to the nearest whole
number, and in no case shall be less than one.

3. For the purposes of sub-paragraph 1 above, a sub-



114



division shall mean the division of a lot, tract or parcel of
land into two or more lots, plats, sites or other division of
land for the purpose of sale or building development including
mobile home parks.



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 use
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 and buildings that are 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 casualty. Authorization must be obtained from
the Board of Adjustment before restoration of non-conforming
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 be considered

as existing for purposes of this Section only.



115



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 the regulations made under the authority hereof differ from
those described by any statute, ordinance or other regulation, that 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,

SECTION X: DEFINITIONS:



Accessory building; A building whose purpose ts 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.

Accessory use; Any subordinate use of 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 structural 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 height: 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 deckline 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.



116



Dwelling: Single-family - A detached building 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 otherwise provided herein.

Lot: One parcel of land set off as a unit and either occupied by or intended to
be occupied by a building or fabricated structure, and including the open spaces
required by law.

Lot Area: Means the extent in square feet of the surface of a lot. The lot area
shall not include any part of the street upon which the lot fronts or abuts.

Lot depth: The mean distance from the frontage line to the rear lot line when
measured on a line halfway between the two side lot lines.

Lot lines: The lines bounding a lot, and dividing the lot from other lots,
streets, land or water.



117



Lot of record: A lot which has its principal frontage upon a street and is
described in a deed which has been lawfully recorded in the Registry of Deeds
for the County of Rockingham, or which, if not so deeded, is a lot which is
part of a subdivision, the plan of which has been lawfully recorded in such
Registry of Deeds.

Lot width: The mean distance between the lot side lines measured on a line
which is the mean direction of the front and rear lot lines.

Neighborhood: An area of land local to the use concerned, generally lying with-
in a radius of 1000 feet of such use for the purposes of this ordinance, but
including all areas father away from such use whenever the use creates a
condition which by reason of noise, smoke, vibration, lighting or other cause
creates a detriment, hazard or injury to an area more extensive in size.

Non-conforming use: A building, structure or use of premises that does not conform
to the provisions of this ordinance in the district in which it is situated, and
which is permitted solely because it was in lawful existence as such a use prior
to, or at the time this ordinance took effect. Only the principal use of the
premises concerned may be continued if it is non-conforming; a subsidiary,
secondary, subordinate or part-time use of premises may not be deemed non-conforming.

Repair: Replacement or mending of parts already existing but in a state of
deterioration with equivalent materials and for the purpose of maintaining their
quality.

Story: Means that part of a building or structure comprised between a floor and
the floor or roof next above it.

Structure^ Anything constructed or erected by human means, whether on land or
water, the use of which requires location on the ground or bed of the water, or
which requires attachment to something having location on the ground or water.

Trailer, travel trailer type: A fabricated structure mounted on wheels and
especially designed: (1) for hauling it on highways with a motor vehicle, and (2)
to provide temporary living quarters during travel, camping, recreational or
vacation trips (synonymous with "Trailer Coach").

Variance: Means a variation from the terms of this ordinance, not otherwise
permitted within the district concerned, which may be granted by the Board of
Adjustment pursuant to its discretionary power, where the Board finds that the
grant of such variance will do substantial justice and the intent of the ordinance
will be still observed. The Board of Adjustment may in such case waive the literal
enforcement of the applicable provision(s) of this ordinance and grant a
variance only where such literal enforcement would result in unnecessary hard-
ship to the applicant.



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Online LibrarySeabrook (N.H.)Annual reports of the Town of Seabrook, New Hampshire (Volume 1978) → online text (page 11 of 13)