TOWN OF JACKSON, NH
PROPOSED AMENDMENTS TO JACKSON ZONING ORDINANCE
These Proposed Amendments have been approved by the Jackson Planning Board to be placed on the Town Warrant for a 2015 March Town Meeting vote. [Brackets] shown indicate wording added; words with strikeout indicate words deleted. Explanations are shown prior to the proposals, in bold print.
PROPOSED AMENDMENT #1:
Professional planners and lawyers recommend that Zoning Ordinances clearly indicate “Permitted Uses,” but not contain both “Permitted” and “Not Permitted” sections. Proposed amendments to the Permitted Uses sections in the Jackson Zoning Ordinance’s Rural-Residential and Village Districts (Sections 4.3.1.1 and 4.3.2.1) would, first, create consistency with Section 5.4.1 Uses Permitted in the River Conservation District, and, second, involve removal of Section 4.3.2.2 Uses Not Permitted. References to sections 4.3.2.2 and 5.4.1 are shown in italics.
4.3 District Regulations
4.3.1 Rural-Residential District
A building or structure may be erected or used, and a lot may be used or occupied, only for the
following purposes and in accordance with the following provisions:
4.3.1.1 Uses Permitted
Single family residences, Multi-Family Residential Developments, and Cluster Single-Family Developments, the latter two categories being subject to prior approval by the Planning Board pursuant to Section 8 of this Zoning Ordinance, and Accessory Apartments pursuant to Section 9 of this Zoning Ordinance. (amended 3/11/2008)
Farms
[Forestry according to recognized soil conservation and best management practices] 5.4.1.2
[Parks, and conservation areas, with the exception of facilities or space primarily for tenting and trailers] 5.4.1.4, 4.3.2.2(3)
[Open space] 5.4.1.7
[Nature trails, and non-motorized recreational uses such as hiking, biking, snowshoeing and cross-country ski trails] 5.4.1.4
[Municipal facilities and areas] moved from 4.3.2.1(4)
Customary Home Occupations
Jackson Historical Society and/or Jackson Historical Museum. (added 3/12/1996)
4.3.2. Village District
A building or structure may be erected or used, and a lot may be used or occupied, only for the
following purposes and in accordance with the following provisions:
4.3.2.1 Uses Permitted
- All uses permitted in the Rural-Residential District and, in addition,
- Restaurants
- Professional and/or commercial businesses [except for]
- [Businesses whose inventory for resale or lease includes petroleum products, self-propelled motorized vehicles, Manufactured or travel trailers] 4.3.2.2(1)
- [Businesses primarily engaged in sale or lease of prepared foods primarily for consumption outside the building] 4.3.2.2(2)
- [Businesses or facilities that contain more than three (3) coin, ticket, or token-operated games (11/2/1982)] 4.3.2.2(5)
- [Casino gambling (11/2/1982)] 4.3.2.2(6)
- [Amusement parks or arcades (11/2/1982)]4.3.2.2(7)
- [Water slides, other commercial slides, or other similar entertainment (11/2/1982)] 4.3.2.2(8)
- [Hazardous waste and radioactive dump sites (11/2/1982)] 4.3.2.2(9)
Municipal facilities and areas moved to 4.3.1.1- Hotels
- Motels
- Private and/or charitable facilities
- Lodging House
- [Non-profit educational facilities for preschool age children] 4.3.2.2(4)
4.3.2.2 Uses Not Permitted
Businesses whose inventory for resale or lease includes petroleum products, self-propelled
motorized vehicles, Manufactured or travel trailers
Businesses primarily engaged in sale or lease of prepared foods primarily for consumption outside the building
Facilities or space primarily for tenting and trailers
Private educational facilities excepting nonprofit facilities for preschool age children
Businesses or facilities that contain more than three (3) coin, ticket, or token-operated games
(11/2/1982)
Casino gambling (11/2/1982)
Amusement parks or arcades (11/2/1982)
Water slides, other commercial slides, or other similar entertainment (11/2/1982)
Hazardous waste and radioactive dump sites(11/2/1982).
PROPOSED AMENDMENT #2:
Corner lots currently have fifty foot setbacks along each street, while most lots have fifty foot setbacks on only one street; it seems fair to permit use of a smaller setback along a street that does not provide the access to a corner lot, so that, for example, an owner could add a porch, shed, or other structure in a position 25 or more feet from the side road. Also, the strikeout of “which is a property boundary” makes sense because structures should be set back from any body of water.
4.3.1.2 Setbacks
No building, structure, porch, or portion thereof shall be located on a lot nearer any lot line, year-round stream or body of water than the minimum setback set forth below: (amended 3/8/2005)
1) From the sideline of any public or Private Road right-of-way [that provides access to the lot]: Fifty (50) feet.
2) From any abutter property line, [or sideline of any public or private road that does not provide access to the lot]: Twenty Five (25) feet.
3) From the near bank of any year-round stream or body of water which is a property boundary: Fifty (50) feet.
4.3.2.3 Setbacks
No building, structure, porch, or portion thereof shall be located on a lot nearer any lot line, year-round stream or body of water than the minimum setbacks set forth below: (amended 3/8/2005)
1) From the sideline of any public or Private Road right-of-way [that provides access to the lot], except Route 16A]: Fifty (50) feet.
2) From Route 16A with motor vehicle parking between structure and right-of-way: Fifty (50) feet.
3) From Route 16A without motor vehicle parking be-tween structure and right-of-way: Twenty Five (25) feet.
4) From any abutter property line, [or sideline of any public or private road that does not provide access to the lot]: Twenty Five (25) feet.
5) From the near bank of any year-round stream or body of water which is a property boundary: Fifty (50) feet.
PROPOSED AMENDMENT #3:
The proposed amendment to Section 6 Minimum Lot Size~updates the zoning ordinance to reflect the common use of Site-Specific Soil Mapping Standards to replace the High Intensity Soil Maps.
Proposed changes would replace Section 6 in its entirety, and would also delete the Appendix.
SECTION 6: MINIMUM LOT SIZE (3/10/87)
6.1 The minimum lot size for all subdivisions shall be based upon the following.
6.1.1 For the determination of the actual soil type(s) present, the applicant shall submit for all subdivisions a site specific soil map prepared in accordance with “Site-Specific Soil Mapping Standards For New Hampshire and Vermont”, SSSNNE Special Publication No. 3, Version 4.0, February 2011 (as amended). Soil Maps shall be prepared by field examination and stamped by a soil scientist certified by the State of New Hampshire Board of Natural Scientists (RSA 310-A).
6.1.2 The soils information contained in the Soil Conservation Service “Soil Survey of Carroll County” may be used, instead of a Site Specific Soil Map, to determine the soils present in the parcel proposed for some or all of the lots created by a subdivision, provided that none of the soil map units on the property is a complex of soils with dramatically different characteristics, as demonstrated by a representative number of detailed soil profile descriptions that characterize the variations in each soil map unit.
6.1.3 The minimum lot size for all subdivisions shall meet the area requirements specified in the minimum lot size by site-specific soil map types table contained in “Soil Based Lot Sizing: Environmental Planning for Onsite Wastewater Treatment in New Hampshire", Society of Soil Scientists of Northern New England Special Publication No. 4, Version I, September, 2003 (as amended).
6.1.4 For residential developments with more than four bedrooms per unit, the minimum lot size shall be proportionately larger than the lot size indicated in the Minimum Lot Size by Site-Specific Soil Mapping Table, as determined by the formula:
Lot Size (in sq. ft.) = (# of bedrooms)/4 x (Lot Size from the Site-Specific Soil Mapping Table)
6.1.5 For Commercial Uses and/or industrial uses, the lot size shall be determined by the formula:
Estimated Daily Discharge Lot Size from
Lot Size (sq. ft.) = of Sewage in Gallons x Site-Specific Soil
2000 g.p.d. Mapping Tables
[(Formula based on N.H Code of Administrative Rules Env-Wq 1005.04)
DELETE Appendix
PROPOSED AMENDMENT #4:
The Town Engineer, Burr Phillips, recommended a change at Section 9 Accessory Apartments, so that a new septic system need not be installed for construction to occur.
9.8 A [One or more current] State approved septic system [designs] sufficient to serve both the principal Dwelling Unit and the Accessory Apartment shall be in place [provided] before any construction or renovation is begun to add an Accessory Apartment.
POSTED: January 14, 2015
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