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Amendment #13 Setbacks on Corner and Waterfront Lots

Proposed Changes:

Amend provisions of the Windham Zoning Ordinance governing certain setbacks by:

A.      Adding the following new definition in Section 200: Front Lot line: Any lot line that abuts a private or public vehicular right-of-way. For properties that do not abut a private or public vehicular right-of-way, the front lot line shall be that lot line that is located closest to the nearest private or public vehicular right-of-way.

B.      Deleting the existing definition of “Yard, Front” and replacing it with the following: Yard, Front: An area unoccupied by structures, except as set forth in Sections 702.1 and 702.8, extending across the full width of the lot and lying between the front lot line of the lot and the nearest line of the building. The depth of a front yard shall be the minimum distance between the building and front lot line.

C.      Deleting the existing definition of “Yard, Rear” and replacing it with the following: Yard, Rear: An area unoccupied by structures, except as set forth in Sections 702.1 and 702.8, extending across the full width of the lot and lying between the rear lot line of the lot and the nearest line of the building.  The depth of a rear yard shall be the minimum distance between the building and rear lot line.

D.      Deleting the existing definition of “Yard, Side” and replacing it with the following: Yard, Side: An area unoccupied by structures, except as set forth in Sections 702.1 and 702.8, located between the side lot line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot lines, as may be. The width of a side yard shall be the minimum distance between the building and the side lot line.

E.      Adding a new Section 702.8 which states as follows:

·        702.8 For waterfront lots, docks and boat houses are permitted within the minimum required rear yard (or side yard if a corner lot) provided that the dock and/or boat house complies with all applicable NH DES regulations and obtains all necessary NH DES permits.

 

F.      Amending Appendix A-1, Table of Requirements (9), and Notes 4 and 12 by deleting the existing language and replacing it with the following:

 

APPENDIX A-1

Table of Requirements (9,12)

 

District

Min. Lot Frontage in feet (2)

Min. Front Yard in feet (3)(4)

Min. Side Yard in feet (4) (12)

Min. Rear Yard in feet (12)

Max. % Bldg. Coverage of lot Footnote #15

Min Floor Area Per Dwelling in sq. feet

Rural District

175

50

30(11)

30(11)

20%

1,000

Res. A District

175

50

30

30

20%

1,000

 

301. NOTES FOR TABLE

4. In the case of a corner lot, all front lot lines shall be subject to the minimum front yard requirements, and the remaining lot lines shall be considered side lot lines subject to the minimum side yard requirements.

12. Except that the minimum shoreland setback in non-W.W.P.D. areas for non-accessory buildings shall be fifty (50) feet from the reference line (Reference Line: For natural fresh water bodies = natural mean high water level; For artificially impounded fresh water bodies = water line at full pond).

Recommended by the Planning Board 7-0

From the Planning Board and the Community Development Department:

·        Amendment Education for Amendment #13 and Amendment #14 (Elizabeth Wood)

Meetings:

Meeting video clips shown have been shortened for content.  The full meeting video may be obtained at wctv.pegcentral.com.

·        11/16/11 Planning Board Public Hearing (Entire meeting video can be found here)

o   Minutes

o   WCTV Video Clip (00:09:22)