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Land Use Regulations Land Use Regulations Zoning Ordinances Subdivision Regulations Site Plan Review Regulations Building Regulations Scenic Road Designations Tolend Landfill Overlay District April 2016 Town Offices • 13 Town Hall Road • Madbury NH 03823 Tel: 603 742-5131 • Fax: 603 742-2502 This booklet contains information regarding land use regulation in Madbury NH. Please direct all related inquiries to the planning board at [email protected]. Visitors are welcome to browse the planning board website at www.madburynh.org. Chapters 1 Zoning Ordinances 2 Subdivision Regulations 3 Site Plan Review Regulations 4 Building Regulations 5 Scenic Roads Designations 6 Tolend Landfill Overlay District Maps 1 Zoning Map, 1963 as amended 2 Water Resources, June 14, 2005 as amended 3 Shorleand Protection Overlay District 4 Wet Areas Conservation Overlay District Revision History Oct 2008 Format of this booklet was revised. Pagination is different from previous version. Content is unchanged from March 13, 2007 printing Mar 2009 Changes enacted by 2009 Town Meeting are incorporated. Zoning Ordinances: . Added Article XXI Floodplain Management Overlay. Deleted Article VII-A Neighborhood Commercial Zone. Additional formatting changes made. Mar 2011 Changes enacted at 2011 Town Meeting are incorporated. Zoning Ordinances: . Accessory apartments allowed by addition of Art. V Section 4 and related changes. Special Exception changes. Article Section 2 rewritten and related changes. Mar 2013 Changes enacted at 2013 Town Meeting are incorporated. Zoning Ordinances: . Inserted paragraph F in Article V Section 2 to allow certain eldercare facilities on State roads. Mar 2014 Changes enacted at 2014 Town Meeting are incorporated. Zoning Ordinances: . Updated Article III Definitions. Replaced Article IX-A Aquifer and Wellhead Protection Overlay District. Mar 2015 Changes enacted at 2015 Town Meeting are incorporated. Zoning Ordinances: . Added “Document Reference” language to Article IV General Provisions. Added “Minimum Lot Size” language to Article IV General Provisions. Added “Conditional Use Permits” language to Article IV General Provisions. Added “FEMA Base Flood” language to Article XXI Flood Hazard Area Overlay District. Building Regulations: . Removed “5 feet to bedrock” language from Article IV Additional Requirements. Extended “Basil Inspection” language in Article IV Additional Requirements. Subdivision Regulations: . Added “Dimensions and Bearings” language to Article IV Required Exhibits & Data. Apr 2015 Changes approved by the Planning Board are incorporated. Site Plan Review Regulations: . Added new Article V Definitions . Added “Erosion and Sediment Control” language to Article VII Standards. Added “Stormwater Runoff” language ito Article VII Standards. Jun 2015 Changes approved by the Planning Board are incorporated. Site Plan Review Regulations: . Expanded Article VII Section 3 Parking. Expanded and reordered sections of Article XII. Subdivision Regulations: . Added footnote for “Tolend Landfill Overlay District” to Article 9 Section 12. Added chapter describing the Tolend Landfill Overlay District. Aug 2015 Changes approved by the Board of Selectemen are incorporated. Zoning Ordinances: . Updated Article XXI, Section 3 for new FEMA Maps Mar 2016 Changes enacted at 2016 Town Meeting are incorporated. Zoning Ordinances: . Expanded Article XIII Section 3 to clarify the requirements for nonconforming lots. Madbury Zoning Ordinances Table of Contents ARTICLE I PREAMBLE ..................................................................................................................... 1 ARTICLE II DISTRICTS .................................................................................................................... 1 ARTICLE III DEFINITIONS ............................................................................................................... 2 ARTICLE IV GENERAL PROVISIONS ............................................................................................. 8 SECTION 1. LOT OF RECORD............................................................................................................................................. 8 SECTION 2. OBNOXIOUS OR INJURIOUS USES ...................................................................................................................... 8 SECTION 3. FIRE RUINS ................................................................................................................................................... 8 SECTION 4. SEPTIC LOCATIONS ......................................................................................................................................... 8 SECTION 5. SOLID WASTE LOCATIONS ............................................................................................................................... 9 SECTION 6. YARD SALES AND FLEA MARKETS ...................................................................................................................... 9 SECTION 7. MINIMUM LOT SIZE: QUALIFYING AREA ............................................................................................................. 9 SECTION 8. CONFLICTING PROVISIONS ............................................................................................................................... 9 SECTION 9. CONDITIONAL USE PERMITS ........................................................................................................................... 10 SECTION 10. DOCUMENT REFERENCE ................................................................................................................................ 11 ARTICLE V GENERAL RESIDENTIAL AND AGRICULTURAL DISTRICT ................................... 12 SECTION 1. PURPOSE ................................................................................................................................................... 12 SECTION 2. USES PERMITTED ......................................................................................................................................... 12 SECTION 3. MINIMUM DIMENSIONAL REQUIREMENTS ........................................................................................................ 13 SECTION 4. ACCESSORY APARTMENTS .............................................................................................................................. 14 ARTICLE V-A RESIDENTIAL CLUSTER DEVELOPMENT OVERLAY DISTRICT ....................... 14 SECTION 1. PURPOSE ................................................................................................................................................... 14 SECTION 2. DEFINITIONS ............................................................................................................................................... 15 SECTION 3. STANDARDS AND CONDITIONS REQUIRED FOR APPROVAL .................................................................................... 15 SECTION 4. CONDITIONS WHICH MAY BE CONSIDERED BY THE PLANNING BOARD IN APPROVING A CLUSTER DEVELOPMENT PLAN .... 16 SECTION 5. PROCEDURES .............................................................................................................................................. 17 SECTION 6. FURTHER REQUIREMENTS .............................................................................................................................. 17 SECTION 7. SAVING CLAUSE ........................................................................................................................................... 18 ARTICLE V-B HOME OCCUPATIONS ........................................................................................... 18 SECTION 1. PURPOSE ................................................................................................................................................... 18 SECTION 2. USES PERMITTED ......................................................................................................................................... 18 SECTION 3. PROCEDURE FOR OBTAINING CONDITIONAL USE PERMITS .................................................................................... 18 SECTION 4. DELETED .................................................................................................................................................... 18 SECTION 5. DELETED .................................................................................................................................................... 18 SECTION 6. DELETED .................................................................................................................................................... 18 SECTION 7. RETAIL SALES .............................................................................................................................................. 19 SECTION 8. PERFORMANCE STANDARDS ........................................................................................................................... 19 SECTION 9. DELETED .................................................................................................................................................... 20 SECTION 10. DELETED .................................................................................................................................................... 20 SECTION 11. COMPLIANCE .............................................................................................................................................. 20 SECTION 12. PERMIT REVOCATION ..................................................................................................................................
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