Town of
Madison
Zoning Ordinance
2007
TABLE OF CONTENTS
ARTICLE I: GENERAL PROVISIONS4
1.1 Purpose.................................................................................................................4
1.2 Title, Effective Date and Amendments..............................................................4
1.3 Existing, Non-conforming Uses..........................................................................4
1.4 Zoning Map............................................................................................................5
1.5 DefInitions.............................................................................................................5
ARTICLE II . ADMINISTRATION AND ENFORCEMENT.........6
2.1 Enforcement; Violations and Penalties..............................................................6
2.2 Zoning Board of Adjustment (ZBA)......................................................................7
2.3 Compliance Required...........................................................................................7
ARTICLE III: DISTRICT BOUNDARIES.....................................8
3.1 Rural Residential (RR) District............................................................................8
3.2 Commercial (C) District.........................................................................................8
3.3 Village (V) District..................................................................................................8
3.4 Wetlands Conservation (WC) District ................................................................8
3.5 The Eidelweiss Residential (ER) District...........................................................8
ARTICLE IV: DISTRICT REGULATIONS.............................................10
4.1 Applicability of Article..........................................................................................10
4.2 Rural Residential District...................................................................................10
4.3 Commercial District.............................................................................................11
4.4 Village District......................................................................................................11
4.5 Wetland Conservation District...........................................................................12
4.6 Eidelweiss Residential District..........................................................................13
4.7 Permitted Uses in All Districts...........................................................................14
ARTICLE V: OTHER REGULATIONS..............................................................................16
5.1 Signs.....................................................................................................................16
5.2 Eidelweiss Residential District Sign Regulation............................................17
5.3 Air and Water Quality..........................................................................................17
5.4 Junk Yards and/or Dumps.17
5.11 Hazardous and Dilapidated Structures.19
ARTICLE VI: WIRELESS TELECOMMUNICATIONS FACILITIES21
6.5 Dimensional Requirements.23
6.6 Performance and Design Standards.24
6.7 Monitoring and Maintenance27
6.8 Abandonment or Discontinuation of Use28
ARTICLE VII: GROUND WATER PROTECTION REGULATIONS30
7.1 Ground Water Protection District30
7.8 Special Exception for Lots of Record.33
ARTICLE VIII: FLOODPLAN MANAGEMENT34
8.1 Special flood hazard areas34
8.4 Construction requirements37
8.9 Special flood hazard areas39
ZONING ORDINANCE
MADISON, NEW HAMPSHIRE
As of March 13, 2007
This ordinance and its regulations as herein set forth are for the purpose of promoting public health, safety, general welfare, and the natural beauty of the environment which provides the primary basis for the unique character of the Town area and its residents. It also regulates the conservation of natural resources, stabilizing the value of the land and its improvements within the Town, and encouraging uses that are in harmony, visually and aesthetically, with rural living, in accordance with the provisions of RSA Chapter 674, 16-21. This zoning ordinance, by application and provision of State Law, seeks to protect existing property owners against a new use nearby which may be incompatible or undesirable and also damaging to existing owner’s present property by lowering its desirability and value. All present uses may continue.
1.2 Title, Effective Date and Amendments.
This ordinance shall be known and may be cited as The Zoning Ordinance, Madison, New Hampshire and is hereinafter referred to as “This Ordinance.” This Ordinance shall take effect upon its passage and may thereafter be amended by the voters by petition or otherwise in accordance with New Hampshire Revised Statutes Annotated.
1.3 Existing, Non-conforming Uses.
A. Any existing lots of record at the time of passage of this Ordinance, March 1987, but not conforming to present minimum lot size or minimum dimensional requirements, shall have the right to continue in their present use indefinitely, as well as being used for any other conforming use for the district in which it is located, so long as sufficient off-street parking for any such proposed use is provided within the property boundaries. No such lot may be permitted to be further subdivided or otherwise made less conforming in nature.
B. Any structure existing at the time of the original passage of this Ordinance, March 1987, but not conforming to the minimum requirements of height and minimum setbacks, shall have the right to continue indefinitely or may be demolished and reconstructed within one (1) year. Legally established structures, but not conforming to present setback requirements, may be expanded in size, provided the addition or expansion complies with current setback requirements, or:
The setbacks to the expanded structure are not less than the non-conforming setbacks to the original structure; and
Are no closer than the existing non-conforming structure to the high-water line; and
Are no taller than the highest roofline of the existing structure; and
Involve no more than a fifty-percent increase in the square foot area of the first floor of the existing structure, not including decks, chimneys, etc., in the calculation of the square foot area.
C. Any land use to the extent existing at the time of the passage of This Ordinance, but not conforming thereto, shall have the privilege of continuing in such use indefinitely or re-establishing in such use within one (1) year of any discontinuance.
D. In order to preserve the rural character of the district, businesses existing in the rural residential district at the time of This Ordinance shall be able to expand the size of their structures provided that adequate vehicular access and off street parking for the business is provided within the bounds of the property boundaries. Any expansion of non conforming commercial business structures in the Village District Zone shall be required to meet the commercial setback requirements of one hundred (100) feet from the center lines of the roadways and fifty (50) feet from all other property boundaries.
1.4 Zoning Map.
There shall be a zoning map of the Town of Madison that is available and on display which clearly sets forth the exact location of the boundaries of the authorized zoning districts; a reference map is attached hereto as Appendix B. The zoning map entitled “Zoning Map, Town of Madison, New Hampshire” as may be amended, together with all explanatory matter thereon is hereby declared a part of This Ordinance, but the District Boundaries as defined in Article III shall be controlling.
1.5 Definitions.
As used in This Ordinance, those terms in Appendix A shall have the meanings as indicated.
ARTICLE II . ADMINISTRATION AND ENFORCEMENT
2.1 Enforcement; Violations and Penalties.
It shall be the duty of the Board of Selectmen or its designated Building Inspector to:
A. Generally administer and enforce the provisions of This Ordinance. The Board of Selectmen shall administer This Ordinance literally and shall not have the power to permit any use of land or buildings which is not in conformance with This Ordinance. Variances and exceptions may only be approved or granted as required by law by the Zoning Board of Adjustment.
B. Issue a zoning permit for the change of use to any permitted activity (land or building) or from one use to another upon written application for said zoning permit. Such a zoning permit may be a prerequisite to any subdivision approval, site plan approval or building permit issuance.
C. A non-refundable fee shall be paid to the Town with each application for building permit as follows:
1. Twenty (20) cents per square foot of all usable floor space for all new construction of primary use buildings.
2. Fifteen (15) cents per square foot of all usable floor space for all new construction of accessory buildings.
3. Thirty Five ($35.00) dollars for all other building permits.
D. Issue a certificate of compliance upon completion of any new structure and prior to use of any building or structure within the Town of Madison, upon inspection, to ensure the same was completed and constructed in accordance with the terms of This Ordinance.
E. Initiate immediate steps for enforcement of This Ordinance, upon well-founded information of any violation thereof, by issuing due notice to cease and desist such violation and taking such necessary and other action as may be permitted by statute for both criminal and civil enforcement of the same including, but not limited to, seeking a civil fine of $275 per day for first offenses for each day the violation continues after the owner has been notified of that violation and $550 per day for subsequent violations. Failure by the Selectmen to not initiate enforcement under This Ordinance will not constitute a waiver of the Town’s right to take such action.
F. Upon instituting appropriate action in the name of the Town to prevent, restrain, correct or abate any violation of This Ordinance, collect all costs and reasonable attorney’s fees as actually expended in pursuing its action as permitted by State statute.
2.2 Zoning Board of Adjustment (ZBA)
A. Creation. Within thirty (30) days after the adoption of This Ordinance and thereafter as terms expire or vacancies occur, the Board of Selectmen shall appoint a Zoning Board of Adjustment consisting of five (5) members whose duties, terms, and powers shall conform to the provisions of State statute. Thereafter, as terms expire or vacancies occur, the appointing authority shall be responsible for filling vacancies and maintaining membership of the Zoning Board of Adjustment. The Zoning Board of Adjustment shall elect its own chairman yearly or at such other intervals as may be necessary.
B. Powers and Duties. The Zoning Board of Adjustment shall have such powers and duties as required and permitted by State statute including:
1. To hear and decide appeals, if it is alleged there is an error in any order, requirement, decision or determination made by the Board of Selectmen or its Building Inspector in the enforcement of This Ordinance; and
2. Authorize upon application in specific cases such variance from the terms of the zoning ordinance as will not be contrary to the public interest if, owing to special conditions, or literal enforcement of the provisions of This Ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done; and
3. Authorize upon application such Special Exceptions as permitted by this zoning ordinance in all such appropriate cases subject to appropriate conditions and safeguards to ensure that any such exception shall be
made in harmony with the general purpose and intent of This Ordinance and shall be in accordance with the general or specific rules as contained in This Ordinance.
4. All such matters before the Board of Adjustment will comply in all respects with procedural requirements of State statutes in accordance with RSA 674:33.
C. Appeals from a Decision by the Board of Adjustment. An appeal from a decision by the Board of Adjustment may be taken by any person aggrieved or any officer or board of the municipality affected by such decision in the matters prescribed by RSA 677:2 et seq.
2.3 Compliance Required.
All buildings and all lands within the Town of Madison shall hereafter be used, laid out, constructed or altered only in conformity with the permitted uses and requirements for the districts in which they are located.
ARTICLE III: DISTRICT BOUNDARIES
3.1 Rural Residential (RR) District.
All areas not designated to be in the Commercial District, Village District, or Edelweiss Residential District, shall be in the Rural Residential District.
3.2 Commercial (C) District.
The Commercial District shall extend six hundred (600) feet in both directions from the center line of Route 16; six hundred (600) feet in both directions from the center line of Route 153; six hundred (600) feet from the center line of Route 113, starting at the southerly boundary of Map 207, Lot 001 running northward along the east side of Route 113 to the Albany town line. Further starting on the west side of Route 113 at the southerly boundary of Map 110, Lot 001 running northward to the Albany town line.
In addition, a parcel bounded on the south by the center line of Ossipee Lake Road, on the west by the Tamworth town line, on the north by the center line of NH Route 41, on the west by Map 262, Lot 003 and a line 100 feet westerly of the center line of West Branch Brook.
3.3 Village (V) District.
The Village District shall extend six hundred (600) feet on each side of Route 113 as it runs easterly from a point perpendicular and opposite the common boundary of Map 118, Lots 012 and 013 to a point perpendicular and opposite the common boundary of Map 233, Lots 089 and 090.
3.4 Wetlands Conservation (WC) District .
All water resources, wildlife habitats and wetlands within the Town, such as but not restricted to Davis Pond, Pequawket Brook, Upper Pequawket Pond drainage north to the Town line, and Durgin Pond, Durgin Brook and Cooks Pond drainage into Silver Lake.
The Wetlands Conservation District is superimposed over all other zoning districts and to the extent its regulations are more restrictive they shall apply.
3.5 The Edelweiss Residential (ER) District
The Edelweiss Residential District encompasses a land area of approximately 1100 acres, more or less, bounded by Route 113 on the west starting at the SW corner of Map 112, Lot 029 and proceeding along the east side of Route 113 to the NW corner of Map 102, Lot 007. The boundary then runs easterly to the SW corner of Map 101, Lot 015 then NE to the NE corner of Lot No. 039 on Map 206 then southerly to the SW corner of Map 206, Lot 071, then easterly to the NE corner of reserved Lot 061 on Map 206. The boundary then runs southerly to the NW shore of Pea Porridge Pond Map 105, Lot 076, then follows the westerly and SW shore to the NE corner of Map 107, Lot 009. The boundary then runs southerly to the SE corner of Map 107, Lot 083 then westerly to the NW corner of lot No. 005 on Map 214 then southerly to the SE corner of Map 21, Lot 026. The boundary then runs westerly to the NW corner of Map 114, Lot 074, southerly to the SE corner of map 113, Lot 106, then westerly following Lots No 106, reserved 107, 108, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122 on Map 113, then westerly to Route 113, the point of origin.
ARTICLE IV: DISTRICT REGULATIONS
The following land uses are hereby permitted for each district and the following requirements are applicable to each district as indicated.
4.2 Rural Residential District
A. Permitted Uses - The following uses shall apply to the Rural Residential District. It shall be mainly a district of farms, residences & woodlands.
1. Farms.
2. Woodlots.
3. Houses with accessory and outbuildings of no more than one dwelling unit on each 2 acres.
4. Multiple housing (cluster housing; townhouses, condominiums, apartments) as regulated by subdivision regulations with a minimum of two (2) acres of contiguous land for each dwelling unit.
5. Home Occupations.
B. Special Exceptions - The following uses in keeping with Rural Residential shall be permitted if the Zoning Board of Adjustment, after a public hearing and due notice to the abutters and having determined that the following conditions have been met, finds approval to be appropriate. Approval of the ZBA does not constitute exemption from site plan review.
Other Uses:
1. Churches and other public buildings.
2. Professional offices.
3. Nursing homes.
4. Medical centers.
5. Private schools.
6. Day care facilities.
7. Lodging House (Bed and Breakfast) facilities.
8. Conference center facilities.
9. Permanent road stands for sale of farm products.
10. Stables and riding academies.
11. Plant nurseries and greenhouses.
12. Vehicular repair facilities, offering repair and maintenance services for automobiles and trucks, shall also be allowed by special exception provided that such uses: are screened from direct view from State and Town roads; are located on the same parcel as the residence of the owner of the facility; have a maximum of three (3) employees; and the parcel of land proposed for such use is three (3) or more acres in size.
Conditions to be met:
1. The operation and appearance are compatible and not offensive, injurious, or a nuisance to its neighborhood and abutters and will not substantially impact the value of the abutting properties.
2. The facility will not create traffic or other safety hazard.
3. Minimum setbacks for Professional Offices and Bed and Breakfast facilities shall meet the setback requirements of 5.9 A and C. Other uses shall meet the setback requirements of 5.9 B and C.
4. Adequate on-site parking shall be provided.
4.3 Commercial District
A. Permitted Uses
1. Any commercial use, subject to site plan review.
2. Residential.
A. Permitted Uses - Any lot may be used as permitted in the Rural Residential District.
B. Special Exceptions - In order to protect existing property owners in the Village District and abutting property owners in the Rural Residential District, the following uses shall be permitted if the Zoning Board of Adjustment, after a public hearing and due notice to the abutters and having determined that the following conditions have been met, finds approval to be appropriate.
Other Uses:
Special exceptions listed in 4.2 B, as well as service retail businesses
such as:
1. Retail stores and shops
2. Restaurants
3. Inns
4. Office buildings
5. Banking facilities
Conditions to be met:
1. The proposed use and its operation is compatible with the surrounding neighborhood and the land and use of its abutters and will not substantially impact the value of the abutting properties.
2. The proposed use is architecturally compatible with the surrounding
properties.
3. The proposed use is not offensive, injurious or a nuisance to
its abutters or its neighborhood.
4. Traffic access to and from the proposed use will not create a
safety hazard or alter the character of the immediate neighborhood.
5. Sufficient on-site parking shall be provided to service the proposed
use
6. Minimum setbacks for the proposed uses shall be in accordance with
5.9 B and C.
4.5 Wetland Conservation District.
A. Permitted Uses. It shall be unlawful for any individual, partnership, corporation, association, or any other organization of persons, to dam, fill, dredge, drain, cut, clear, interfere, or construct, assemble or erect any structure other than those minimum structures associated with the support of bridges on a wetland.
B. Request for Determination of Wetlands. All individuals, etc, desiring to dam, fill, dredge, drain, cut, clear or construct, assemble or erect any structure shall file a Request for Wetland Determination with the Office of the Selectmen. The Selectmen shall, by their next regular meeting, render a decision finding the location of the proposed work to either be or not be wetland and, if so, identify the appropriate classification of the wetland involved.
C. Buffers to Wetlands. The purpose of a wetland buffer is to preserve the
fragile ecology of plant and animal species that inhabit wetlands. The Town
of Madison recognizes the need to regulate the building of structures and the
designing of septic systems that may cause permanent damage to wetlands.
In addition, the wetland buffer will reduce the chance of pollution of surface
waters and groundwater. The wetland buffer shall consist of undisturbed land
in accordance with the following regulations, the only exception would be for
driveway crossings.
TABLE OF WETLAND BUFFERS
All dimensions are given in feet.
A. Buffers to prime Wetlands
B. Buffers to streams, lakes, ponds, very poorly drained soils, bogs
C. Buffers to vernal ponds and other wetlands, 0.25 acres or larger
D. Buffers to other wetlands, less than 0.25 acres
A |
B |
C |
D |
Uses and Activities |
150 |
75 |
75 |
75 |
On-site waste disposal systems for 1-2 family dwellings |
150 |
125 |
125 |
125 |
On-site waste disposal systems for all other uses |
150 |
75 |
50 |
30 |
Buildings and parking lots |
200 |
200 |
200 |
20 |
Underground chemical and fuel tanks |
The wetland buffer shall consist of ungraded and undisturbed land.
Where an existing use within the setback is destroyed or in need of extensive
repair, it may be rebuilt provided that such rebuilding is completed within one
year of the event causing destruction; the new or rebuilt use shall not extend
further into the wetland or setback area than the original use. The buffer shall
consist of natural vegetation. All construction, forestry and agricultural activities
within one hundred feet (100’) of any wetland shall be undertaken with special
care to avoid erosion and siltation into the wetlands.
4.6 Edelweiss Residential Dist