ARTICLE 5
ESTABLISHMENT OF ZONING DISTRICTS
5.0 DESIGNATION OF DISTRICTS
The Town of Canterbury is hereby divided into eight districts to be designated as follows:
Agricultural/Conservation district A
Rural district RU
Residential district R
Commercial district C
Industrial district I
Resource Reserve/Natural district RRN
Center Historic district CHD
Shaker Village Museum Preservation district SVMPD
The zoning boundaries and districts are shown on the "Zoning Map of the Town of Canterbury" dated February 27, 1979, as amended. All uses permitted as of right or by special exception in these districts shall conform to the provisions of this article.
5.1 ZONING MAP
The locations and boundaries of the zoning districts are shown on the "Zoning Map of the Town of Canterbury, N.H." dated February 27, 1979, as amended, and signed and certified by the Town Clerk, which is a part of this ordinance.
Where any uncertainty exists with respect to the boundary of any district as shown on the map the following rules shall apply:
A. Where a boundary is indicated as a highway, street, railroad, watercourse, or town boundary it shall be construed to be the center line thereof or such a town boundary.
B. Where a boundary is indicated as approximately parallel to a highway, street, railroad, watercourse, or town boundary, it shall be construed to be parallel thereto and at such distance from as shown on the Zoning Map.
C. If no dimension is given on the Zoning Map the location of any boundary shall be determined by use of the scale shown on the Zoning Map.
D. Where a boundary falls within 10 feet or less of a lot line, the boundary shall be construed to be the lot line.
5.2 ESTABLISHMENT OF MINIMUM LOT STANDARDS
Minimum Minimum Minimum
District lot acreage lot depth lot width
Agricul/Conser 5 acres 300 feet 300 feet
Rural 3 acres 250 feet 300 feet
Residential 2 acres 200 feet 300 feet
Commercial 1 acre 150 feet 200 feet
Industrial 2 acres 150 feet 200 feet
Center Hist 2 acres 200 feet 300 feet
Res Res Nat 10 acres 300 feet 300 feet
Shaker - see Article 5.4 -
A. MINIMUM LOT SIZE STANDARDS
1. In computing the minimum lot acreage requirements under this article, any portion of the lot not suitable for building due to high water table as evidenced by open water or wetland shall not be included. Open water or wetland that has been dredged, drained or filled shall not be included in computing the minimum lot sizes.
2. In computing minimum lot depth and width, each lot must contain within its bounds a rectangle meeting these requirements: each of the sides parallel to the front boundary line must equal or exceed the minimum lot width requirement in the zone, and each of the other sides must equal or exceed the minimum lot depth requirement in the zone.
3. In computing the minimum lot acreage requirement, that portion of the lot between the front boundary line and the line from which the front setback is measured shall not be included.
4. In computing minimum lot acreage requirements for proposed two-family or multi-family uses, the minimum acreage for the lot shall be calculated as follows: (number of dwelling units per lot) x (minimum lot acreage requirement) x 75%. Width and depth requirements will be consistent with the zone.
B. STRUCTURE SETBACK
1. FRONT SETBACK. The minimum setback of all structures shall be 50 feet from any front boundary. The minimum setback for a multi-family structure shall be 200 feet. For the purpose of this ordinance, a "front boundary line" shall be the boundary which parallels or most closely parallels the road. However, if the lot is bounded by more than one road, the front boundary line shall be the boundary line which contains the largest amount of frontage. Where a lot does not have the rectangle that is required by Article 5.2A2 as a part of its front boundary, the front setback shall be measured from the side of the required rectangle that is parallel to and closest to the front boundary.
2. SIDE AND REAR SETBACK. Minimum setback of any structure from all other boundaries (including an easement for exclusive access to a lot as allowed under Article 5.2D1 of this ordinance) shall be 20 feet; however, if such a boundary is a road, the setback shall be 50 feet from the boundary or 75 feet from the center of the road, whichever is greater.
3. POND SETBACK. The minimum setback of any dwelling unit from great ponds shall be 75 feet. Accessory structures must be set back 20 feet from public waters. Accessory structures set less than 75 feet from public waters must have a maximum height allowance of 20 feet and a maximum footprint allowance of 150 square feet. The setback for accessory structures does not apply to structures that require direct access to water as an operational necessity, including but not limited to piers, docks, boathouses, pumphouses, and other functionally water-dependent structures. These structures do, however, require a permit from the Wetlands Bureau (RSA 482-A).
4. MERRIMACK RIVER SETBACK.
a. The minimum setback of any structure from the Merrimack River shall be 200 feet.
b. The minimum setback of any structure from the top of the river bluff of the Merrimack River, if such a bluff exists in a particular stretch of river, shall be 50 feet.
c. In areas where the top of the river bluff is less than 150 feet from the river, the more restrictive setback shall apply.
5. AGRICULTURAL RETAIL OUTLET SETBACK. The following applies to Pick Your Own and Farm Stand (Roadside Stand) Outlets. Pick Your Own Farm Stand (Roadside Stand) Outlets shall provide off street parking. Outdoor display of produce may be provided on the site, but storage of equipment, produce containers and the like shall be enclosed or otherwise screened from view. Farm Stands (Roadside Stands) shall be set back 20 feet from the front boundary or 45 feet from the center of the road, whichever is greater. The Farm Stand (Roadside Stand) shall not
exceed 1200 square feet. Products for sale shall be locally grown and a majority shall be grown on the site or grown on other land of the owner of the stand.
6. CAMPGROUNDS AND TRAVEL TRAILER SETBACK. Setback requirements for travel trailers and tent sites shall be the same as for structures.
7. In case of lots of 25,000 square feet or less existing as of November 1, 1999, the minimum structure setback from the front property line shall be 25 feet.
C. SEPTIC SETBACK
1. Septic tanks and leach fields shall be set back at least 125 feet from public waters, great ponds, the Merrimack River, and year round streams.
D. ROAD FRONTAGE AND ACCESS
1. RESIDENTIAL. In all zoning districts, a lot used for residential, including two family or multi-family purposes shall have at least 300 feet of contiguous frontage.
2. COMMERCIAL OR INDUSTRIAL. A lot used for commercial or industrial purposes shall have at least 200 feet of contiguous road frontage, except for lots located in commercial cluster developments approved pursuant to Section 6.2.
3. STATUTORY BUILDING PERMIT REQUIREMENTS
a. In accordance with RSA 674:41, I(a) and (b), the street providing access to any lot to be used for building purposes shall be a Class V or better road prior to the time the building is erected or shall correspond in its lines and location with:
(1) A street shown on a subdivision or street plat approved by the Planning Board; or
(2) A street laid out by the Selectmen or accepted by the Town Meeting pursuant to law.
b. In accordance with RSA 674:41, I(c), a lot with its frontage and access on a Class VI road may be used for building purposes, provided that:
(1) The Selectmen after review and comment by the Planning Board issue a building permit therefor; and
(2) The Town shall not assume responsibility for maintenance of the road or liability for damages for use of the road, and the applicant shall execute an agreement to the effect satisfactory to the Selectmen to be recorded in the Merrimack County Registry of Deeds.
4. SUBDIVISION STANDARDS
a. The Planning Board may approve a subdivision with the required lot frontage on a Class VI or private road, provided that the subdivider upgrades the road to current Class V road standards prior to approval or posts adequate surety therefor in accordance with Subdivision Regulations.
b. The Planning Board may approve a subdivision with the required lot frontage on a Class VI or private road, without requiring full upgrade to Class V road standards, provided that the lots so created are designated on the subdivision plan as "Open space uses only; lots not eligible for residential or commercial building purposes." The Planning Board may require such improvement of the road as it deems necessary for the proposed use. Any lot created by subdivision under this subparagraph may become eligible for residential or commercial building development purposes only in accordance with the provisions of
this section through upgrading the road to meet then current town road standards or by application for an issuance of a building permit pursuant to this section or RSA 674:41.
E. FRONTAGE ON GREAT PONDS AND MERRIMACK RIVER
1. Lots bordering on great ponds and the Merrimack River shall have a minimum of 100 feet of water frontage. In developments bordering great ponds and the Merrimack River that include lots with no direct water frontage there shall be set aside for the common use of such interior lot owners suitable and appropriate shore frontage equal to at least 25 feet for each interior lot.
F. MERRIMACK RIVER BUFFER
1. The cutting of more than 25% of the basal area of trees within one hundred (100) feet of the seasonal high water mark on the Canterbury side of the Merrimack River or within fifty (50) feet of the edge of the river bluff is prohibited. Within said buffer zone, material alteration of the natural contours of the land or ground surface shall be prohibited. The selected and dispersed cutting of vegetation for the purpose of wildlife management, or to create a view of the river, may be permitted by the Planning Board within the buffer zone, provided that the cutting causes only
negligible adverse environmental impact, particularly with respect to the stability of the river bank and the aesthetic character of the river shoreline. In instances where there is not significant pre-existing natural vegetation over fifteen (15) feet high in the buffer zone, the Planning Board may require the applicant for subdivision approval or site plan review to plant vegetation which will screen structures and other improvements from the river. This revegetated buffer zone shall be at least fifty (50) feet in depth and shall consist of indigenous trees and shrubs selected so as to blend with the sections of the river.
5.3 PURPOSES AND USES IN DISTRICTS
A. PURPOSES OF ZONING DISTRICTS
1. DISTRICT A (Agriculture/Conservation)
To reserve those areas of steep slope and severe soils limitations, primarily for conservation, agriculture and forestry purposes. These areas shall serve as open space and agricultural resources to protect the stream sources and scenic qualities of the town from encroachment. To preserve open lands and especially those areas identified by
the USDA Soil Conservation Service as important farm lands.
2. DISTRICT RU (Rural)
To reserve from most intensive development those elements served primarily by gravel roads, thus minimizing the cost of additional municipal services and preserving the character of the community.
3. DISTRICT R (Residential)
To identify areas suitable for development served by continuous paved roads and in locations which provide access to collector roads and services.
4. DISTRICT C (Commercial)
To permit commercial and retail growth and development in those areas most convenient to residents and to visitors so as to meet the daily needs of the community.
5. DISTRICT I (Industrial)
To concentrate industrial growth in those areas which have the best access to major transportation corridors and which can best serve the overall interest of the community.
6. DISTRICT CHD (Center Historic District)
To acknowledge those areas of cultural aesthetic or historic value as community assets which must be conserved by special consideration of the impact of uses in these areas.
7. DISTRICT RRN (Resource Reserve Natural)
To acknowledge those areas of high natural resources value as community assets which must be conserved by special consideration of the impact of uses in these areas.
8. DISTRICT SVMPD (Shaker Village Museum Preservation District)
To foster and encourage the preservation of the Canterbury Shaker Village, and education regarding the Canterbury Shakers. The town recognizes that the Canterbury Shaker Village, including the existing buildings, the Shaker Ponds, the prime agricultural and forest land, represents a unique part of Canterbury's history, and finds that its preservation, restoration and enhancement are in the public interest. It is recognized that the property is restricted by a Conservation and Preservation Easement granted to the State of New Hampshire, dated December 17, 1992, and recorded in the Merrimack County Registry of Deeds at Book 1903, Page 1412 (hereinafter the "Conservation Easement"). It is understood that the uses of property within this district are restricted by the Conservation Easement, that future development can occur only in specific locations and under the specific restrictions set forth
in the Conservation Easement, and that subdivision of the land is not permitted.
B. PROVISIONS FOR INTERPRETATION OF THE TABLE OF PRINCIPAL USES
1. No land or structure or building shall be used except for the purposes permitted in the district as set forth in this section.
2. If an activity might be classified under more than one of the principal use definitions, the more specific definition shall determine whether the use is permitted.
3. Except in the case of a Cluster Development approved by the Planning Board under the provisions of the ordinance, no more than one principal use along with customary incidental accessory uses shall be permitted on any lot.
4. Major subdivisions are not permitted in the A and RRN districts.
5. Minor subdivisions are permitted in all districts.
6. All uses of land or structures in the CHD District are also subject to the regulation of the Historic District Commission.
A use is permitted by right in any district under which it is denoted by the letter "A".
A use is prohibited in any district under which it is denoted by the symbol "--".
A use denoted by the letters "SE" may be authorized as a Special Exception by the Board of Adjustment.
A use denoted by the letters "SPS" may be permitted by Special Permit from the Board of Selectmen.
A use denoted by the letters "SPP" may be permitted by Special Permit from the Planning Board.
C. TABLE OF PRINCIPAL USES ZONES
LIST OF USES A RU R C I CHD RRN SVMPD
______________________________________________________________
Churches, educational SE SE SE SE -- SE SE A
facilities.
Nursing homes, or any conva- SE SE SE SE -- SE SE --
lescent facilities.
Essential public utility ser- <--------------------SPP------------------------>
vices such as transformer
stations, substations,
pumping stations or tele-
phone exchanges.
Agriculture, for personal use A A A SE SE A A A
including the grazing, care and
keeping of livestock and poultry;
tree nurseries; and orchards.
Agriculture, for commercial A A SE SE SE A A A
use including the grazing, care
and keeping of livestock and
poultry; tree nurseries; and
orchards.
Agriculture, but excluding A A A A A A A A
commercial greenhouses,
the grazing, care and keeping
of livestock and poultry.
Forestry, growth and har- A A A A A A A A
vesting of forest products,
tree farms and similar uses.
Retail establishments not re- -- -- -- A A -- -- SE*
quiring outdoor storage of
goods, including but not
limited to groceries, pharma-
ceuticals, general merchan-
dise, furniture, apparel and
specialty goods, tobacco,
newspapers, books, gifts,
flowers and similar items.
C. TABLE OF PRINCIPAL USES ZONES
LIST OF USES A RU R C I CHD RRN SVMPD
_____________________________________________________________
Commercial greenhouses, A SE -- A A SE SE A
including sales.
Home office or occupation SE SE SE A -- SE SE SE
shop, or home industry.
Open storage of lumber for A SE -- A A -- -- A**
sale.
Accessory uses or structures A A A A A A A A
and open uses of land nor-
mally incidental to the permitted
principal use of the premises,
except as otherwise specified.
Single family dwelling. A A A -- -- A SE A
Two family dwelling. -- A A -- -- SE SE SE
Multi-family dwelling -- SE SE -- -- -- -- --
Cluster development:
Single family -- A A -- -- A -- A
Pre-site built housing -- A A -- -- A -- A
Manufactured housing -- A A -- -- -- -- --
Two-family -- A A -- -- SE -- SE
Multi-family -- SE SE -- -- -- -- --
Commercial -- -- --- SPP -- -- -- --
Accessory apartment SE SE SE A -- SE SE SE
Accessory dwelling unit A SE SE -- -- SE SE A
designed for and occupied
by a person employed
primarily on the same
premises as a farm laborer.
Pre-site built housing A A A -- -- SE A A
Manufactured housing -- -- -- -- -- -- -- --
Manufactured home parks -- A A -- -- -- -- --
and subdivisions in
C. TABLE OF PRINCIPAL USES ZONES
LIST OF USES A RU R C I CHD RRN SVMPD
______________________________________________________________
accordance with existing
regulations.
Bed and breakfast, and inns SE SE SE A -- SE SE SE
(less than 10 guest rooms)
Commercial campgrounds. SE SE -- -- -- -- -- --
Hotels and motels. -- -- -- A -- -- -- --
Permanent planing mills SE SE -- -- -- -- -- SE***
and sawmills.
Excavations regulated under --------------SPP--------- -- --
RSA 155-E (excavation of
Gravel, soil, sand, and con-
struction aggregate).
Excavations regulated under SE SE SE SE SE SE SE --
RSA 12-E (mining).
Junkyards and outdoor storage -- -- -- -- -- -- -- --
of junk or unregistered or in-
operative vehicles, or the dis-
mantling thereof which are in
conformance with the pro-
visions of RSA 236:111-129,
N.H. as from time to time
amended.
Agricultural Retail Outlet
Pick Your Own A A SE A -- A A A
Farm Stand A A SE A -- A A A
Manufacturing, research and -- -- -- SE SE -- -- SE*
testing laboratories, including
assembly, fabrication, process-
ing, reprocessing of materials
provided all resulting cinders,
dust, clashing, fumes, gases,
odors, smoke, or electromag-
netic transmission shall be so
C. TABLE OF PRINCIPAL USES ZONES
LIST OF USES A RU R C I CHD RRN SVMPD
_____________________________________________________________
regulated as to be not percep-
tible without the use of instru-
ments at the boundary of the
zone in which the use is located.
Commercial laundry, cleaners, -- -- -- SE A -- -- --
dyers, self-service laundromat,
ad similar uses.
Restaurants. SE SE SE SE -- SE -- SE
Indoor recreation facilities. -- -- -- A -- -- -- --
Wholesale bakery and food -- -- -- SE A -- -- --
processing.
Automobile repair garage but -- -- -- SE A -- -- --
not including the outdoor
storage of inoperative or
unregistered vehicles.
Warehouse, storage, or whole- -- -- -- -- A -- -- --
saling establishments, fuel
storage, distribution centers,
and other activities involving
a substantial amount of
trucking.
Automobile sales. -- -- -- SE A -- -- --
Outdoor commercial recrea- -- -- -- -- -- -- -- --
tion facilities involving
motorized vehicles.
All other outdoor commercial SE SE SE SE SE SE SE SE
recreational facilities.
Gasoline stations, including -- -- -- SE SE -- -- --
facilities for minor repairs, but
not requiring outdoor storage
of unregistered or inoperative
vehicles.
C. TABLE OF PRINCIPAL USES ZONES
LIST OF USES A RU R C I CHD RRN SVMPD
____________________________________________________________
Convenience store with gas -- -- -- SE SE SE -- --
pumps and no repair
facilities.*****
Office establishments
Less than 5000 sf of floor area -- -- -- A A -- -- --
More than 5000 sf of floor area -- -- -- SE SE -- -- --
Outdoor firing ranges. -- -- -- -- -- -- -- --
Horses for personal use. A A A SE SE A A A
Veterinarian care. SE SE -- SE -- -- SE SE
Commercial kennel -- -- -- SE -- -- -- --
Commercial parking lots. -- -- -- SE SE -- -- A*****
Large scale (greater than 200 -------------SPS---------------- A
people) recreation use for
which leases, event or general
admission will be charged.
Travel trailer parks for SE SE SE -- -- -- -- --
temporary dwelling but not
for permanent residence.
Golf courses. SE SE SE SE -- -- SE --
Septage lagoons. -- -- -- -- -- -- -- --
Outdoor storage of plants, A SE -- A A -- -- --
aggregate and/or other
non-toxic landscaping
materials required for the
permitted business.
*Limited to uses consistent with historic Shaker practices.
**Only for lumber milled or planes on site.
***Only at historic Shaker mill sites.
****No such convenience store shall be denied a permit for failure to provide
public restroom facilities.
*****Only when conducted as an accessory to a permitted use.
5.4 SHAKER VILLAGE MUSEUM PRESERVATION DISTRICT
A. DISTRICT BOUNDARIES
The Shaker Village Museum Preservation District (SVMPD) shall consist of the area described on the "Zoning Map of the Town of Canterbury, N.H.," as amended.
B. USE REGULATIONS
See Article 5.4, the Table of Principal Uses. The locations for uses permitted by right and by special exception within the District shall be further governed by the Conservation Easement.
C. DIMENSIONAL REGULATIONS
Because ownership of the land is held by a single entity and cannot be subdivided, dimensional requirements shall be determined according to this subsection, provided that the development or improvement of the property shall also be in accordance with the Conservation Easement.
1. The general requirements of this ordinance that any lot or parcel contain only single principal use shall not apply. Individual buildings or uses shall not be required to be placed upon separate lots, nor shall road frontage requirements apply to uses or buildings within the District.
2. All new buildings, substantial additions or alterations of existing structures involving more than 5,000 square feet, and changes in use shall be subject to site plan review by the Planning Board in accordance with regulations adopted by the Board, including provisions for waiving or expediting review. In reviewing site plan applications, the following general dimensional principles shall apply:
(i) Density based upon the type of use involved shall be established by the Planning Board. The density for uses permitted under the Conservation Easement shall take into account the density and configuration of the existing Shaker Buildings in the Village core, as well as the maximum density of development that could have taken place within the District under the minimum lot size standard of 2 acres per residential lot which applied in this district prior to March 9, 1993.
(ii) Structures shall cover not more than 50 percent of the land area within each designated building area (Areas B, C, and D in the Conservation Easement).
(iii) Building height shall not exceed 35 feet, except that historic structures rebuilt in accordance with the Conservation Easement may exceed 35 feet to the same extent as the historic structure did, subject to any applicable building code and fire prevention requirements. The maximum height limit of this paragraph does not apply to spires, steeples, and other similar portions of structures that are not intended for occupancy.
(iv) Structures shall be set back not less than 75 feet from the center line of any public road except where a building is proposed to be reconstructed on historic foundations, in which case reconstruction shall be allowed unless the Planning Board determines that it would pose hazards to the public health or safety. Setbacks from private internal roads which are used for travel shall be at least 20 feet.
(v) Space between structures shall be at least 15 feet or such greater amount as may be required by the Building Code requirements, or in order to ensure adequate fire and emergency access.
D. ADDITIONAL PROVISIONS
1. Private internal roads within the District need not be paved, nor shall a minimum width or traveled way or right-of-way be required except as determined by the Planning Board to be necessary for the public safety, including fire and emergency vehicle access.
2. Signs used within the District which are visible from a public way shall meet the following requirements:
(i) Nonadvertising informational and directional signs may be installed as necessary for the specific purposes involved.
Permanent advertising signs may be installed in clusters or individually and shall not exceed a total area based upon a single village sign not exceeding
20 square feet plus 10 square feet for each separate use as determined by the Planning Board.
(iii) Temporary signs for special events may be erected for periods not to exceed two weeks.
3. Parking is not permitted on the public roadway, and public parking shall be located so as to minimize the visual impact from the public way. Parking and parking lots shall not be located within the setback from the public way.
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