Final Proposed Zoning Ordinance Amendments

Article 2, Amendment #1

Amend Article I – General. Section 1.6 Definitions to add a definition for “Accessory Dwelling Unit”.

Amend Article III – Use Regulations. Section 3.1 to provide that a single-family dwelling may only include one accessory dwelling unit, subject to the requirements of other applicable Articles of the Zoning Ordinance.

Add New Article III-A – Accessory Dwelling Units to Single-Family Dwellings which includes new sections addressing the following:  Location and Quantity, Permits Required, Provisions for Living Facilities, Occupancy Requirements, Site Location and Size, Provisions for Water Supply and Sewage Disposal, Dimensional Requirements, Sprinkler Systems, Condominium Conversion, Impact Fees, and Removal of an Accessory Dwelling Unit.

Amend Article VI – Parking. Section 6.3 – Parking Requirements to specify that the parking requirements for dwelling units under 6.3.1 shall also apply to accessory dwelling units.

Amend Article VII – Exterior Design. Sections 7.1 and 7.5 to add reference to accessory dwelling units attached to single-family dwellings, and to add New Section 7.8 to provide exterior design requirements specific to accessory dwelling units that are added to a single-family dwelling.


Article 3, Amendment #2

Amend Article I – General, Section 1.6 to add definitions of “Lot Area” and “Percentage of Impervious Coverage”.

Amend Article IV – Dimensional Requirements, Sections 4.8, 4.8a, and 4.8b to replace references to “sealed surface” with “Percentage of Impervious Coverage” for consistency purposes.


Article 4, Amendment #3

Amend Article I – General, Section 1.6 to replace the current definitions of “Parking Area” and “Parking Lot” with one consolidated definition titled “Parking Lot”, to include legally designated areas of a public street within the definition of “Parking Space”, and to make minor changes to the definition of “Stacked Parking” for consistency purposes.

Amend Article III – Use Regulations, Section 3.26a to remove “and/or Parking Areas” for consistency purposes.

Amend Article VI – Parking, Section 6.4 (Parking Lots and/or Parking Areas) to remove “and/or Parking Area(s)” for consistency purposes, and to clarify the parking lot requirement under 6.4.6.


Article 5, Amendment #4

Delete Article II – Districts. Section 2.4 Special Flood Hazard Area in its entirety and replace with New Section 2.4 Floodplain Management Ordinance.  The new Floodplain Management Ordinance includes a purpose statement, definitions, language regarding authority and applicability, administrative provisions, floodplain administrator designation and responsibility, permitting requirements, floodplain development requirements, specifications for flood elevation determination, structure requirements, requirements for detached accessory structures, requirements for coastal high hazard areas, and procedure for variances and appeals.

Amend Article IV – Dimensional Requirements. Table II, Section 4.4 Maximum number of stories/feet and the Footnotes to add a New Footnote 33 specifying the maximum height (in feet) may be exceeded by not more than one foot where the lowest floor of a structure is required to be elevated.

Delete Article XI – Construction Provisions. Section 11.6 Floodplain Development Regulations in its entirety (these regulations are incorporated under the proposed New Section 2.4.)


Article 6, Amendment #5

Amend Article II – Districts, Section 2.5.6 B (Administration) of the Aquifer Protection District Ordinance to state that all variance requests shall be considered by the Zoning Board of Adjustment in accordance with Section 1.4 of the Hampton Zoning Ordinance, to require the Zoning Board of Adjustment to notify the Aquarion Water Company of New Hampshire, or its successor of any application in the Aquifer Protection District requiring a public hearing in the same manner as it notifies abutters, and to specify that the applicant is to provide the required notification fee.


Article 7, Amendment #6

Amend Article IV – Dimensional Requirements, Table II – Footnote 2 to replace the existing language regarding vegetation on corners with revised language for corner lots. The revised language establishes a triangular area that is to remain free from obstruction, specifies that no structure other than a building constructed in accordance with the minimum setback requirements or a legal pre-existing building shall be located on the private property within the triangular area, and also specifies that vegetation within the triangular area shall be maintained at a height not to exceed three (3) feet, as measured from the edge of pavement or curbing, so as to afford adequate sight distance at the corner.  The revised language further specifies that walls and fences within the triangular area are subject to the same three (3) foot maximum height requirement as vegetation.


Article 8, Amendment #7

Amend Article X – Building Permits and Inspection, Section 10.1.4 to delete the outdated Building Department Fee Schedule from the Zoning Ordinance and to clarify that the fee schedule is available in the Building Department.