This online version of the Zoning Ordinance has not been comprehensively checked against the official version. Neither the Town of Wilton nor the Zoning Board can be responsible for the consequences of any action taken on the basis of any errors in the online text.
This PDF file is the official printable text of the Wilton Zoning Ordinance as prepared for the Town of Wilton. by the Nashua Regional Planning Commission It is also available on the Planning Board page at the official Town of Wilton web site under the “Current Land Use Laws and Regulations” link.
This is the 1999 version of the Zoning Ordinance, including all amendments up to and including those passed by Town Meeting in March, 1999, but not any amendments passed in 2000 or later.
6.0 General Residence and Agricultural District
6.1 Permitted Uses.
6.2 Lot Requirements.
6.3 Alternative Lot Requirements.
6.4 Cluster Developments.
6.5 Manufactured Housing.
6.6 Special Exceptions.
6.1 Permitted Uses.
A building may be erected, altered or used, and a lot may be used or occupied for any of the following purposes, and in accordance with the following provisions:
a. Any use permitted in the Residential District under the same provisions as apply to the use in that district, except that the lot areas shall be governed by section 6.2.
b. All general farming and forestry activities.
6.2 Lot Requirements.
6.2.1 Area. Lot areas shall be determined by soil potential ratings for subsurface septic system effluent disposal contained in the Hillsborough County Conservation District (HCCD) publication Soil Potential for Development, Hillsborough County, New Hampshire, March 1986 and any amendments. Wetlands and land contained within the one hundred (100) year floodplain must be excluded from the calculation of the minimum lot area.
The following permissible minimum lot areas address the soil potential ratings as referenced by letter and number designations shown on the soil potential ratings map for septic systems on file in the Clerks Office of the Town Hall as prepared by the HCCD.
a. Very high potential for septic systems - one (1) acre per dwelling unit.
b. High potential for septic systems - one and a half (1.5) acres per dwelling unit.
c. Medium, low and very low potential for septic systems - two (2) acres per dwelling unit in compliance with the Site Specific Soil Map (SSSM) septic system siting requirements contained in the Town of Wilton Subdivision Regulations. (Amended March 1999.)
d. Lot size when serviced by town Water and Sewer shall be a minimum of one (1) acre per dwelling unit where soils have a very high overall potential for development rating, one and a half (1.5) acres per dwelling unit for soils with a high overall potential for development and two (2) acres per dwelling unit for soils with a medium, low or very low overall potential for development.
e. Construction on ungraded soil (for example map symbols 298 and 299, gravel and sand pits) shall only be allowed by special exception. The Zoning Board of Adjustment shall grant a special exception upon a finding that the use will not create a hazard to the occupants of the land, the abutters, the groundwater, or the health and welfare of the residents of the Town of Wilton. The Zoning Board will not grant a special exception under this paragraph until it has been provided with a report and lot size recommendations. The report and lot size recommendations shall be provided by a soil scientist certified by the New Hampshire Board of Natural Scientists. The report and recommendations shall be based upon a site visit and on a Site Specific Soil Map, if deemed advisable by a qualified consultant selected by the Planning Board and/or the Zoning Board of Adjustment. (Amended March 1999.)
6.2.2 Lot Configuration. The minimum width of a lot between any point on any side lot line and any point on any other side lot line measured through any point of the principal building shall be 175 feet. The rear lot line is that line which is furthest from and most nearly parallel to the front lot line. All other lot lines are side lot lines. Triangular and irregularly shaped lots may have no rear lot line.
6.2.3 Frontage. Two hundred (200) feet on a public right-of-way, Class V or better.
6.2.4 Setbacks. Thirty-five (35) feet from all lot lines. No buildings or uses that require a building permit are permitted in the setback. (Amended March, 1991.)
6.2.5 Location of on-site disposal fields. To avoid high concentration of effluent discharges in a localized area, no disposal field shall be located within the setbacks.
6.3 Alternative Lot Requirements.
A lot which does not meet the frontage requirements of section 6.2 may be developed for single family or duplex family residential use if it meets the alternative lot requirements contained in this section. Within this section, such a lot will be referred to as a "reduced frontage lot", and a lot meeting the requirements of section 6.2 will be referred to as a "normal frontage lot".
Any subdivision of a parcel resulting in one or more reduced frontage lots is only permitted upon site plan review and approval by the Planning Board, and upon Planning Board determination that the proposed reduced frontage lot better serves the neighborhood than would a development under the otherwise applicable provisions of this ordinance.
6.3.1 Associated Lot Requirement.
A reduced frontage lot must have contiguous frontage with a normal frontage lot that is within the same subdivision. Adjoining normal frontage lots that are not part of the proposed subdivision cannot be used to satisfy the reduced frontage requirement. A maximum of two (2) reduced frontage lots may be developed with each normal frontage lot. The three (3) lots may not be served by more than two (2) driveways. The principal route of access must be along the lot frontage as defined in this ordinance. (Amended March 1997)
6.3.2 Area. Five (5) acres per dwelling unit including a minimum of two (2) acres excluding wetlands and land within the 100 year floodplain. (Amended March 1992.)
6.3.3 Frontage. Fifty (50) feet on a Class V or better public right-of-way. The Planning Board shall not approve a subdivision containing a reduced frontage lot if a hazardous concentration of egress points is likely to result.
6.3.4 Setbacks. Fifty (50) feet from all lot lines. No buildings or uses that require a building permit are permitted in the setback. (Amended March, 1991.)
6.3.5 Private Ways. Private ways used in association with subdivisions containing reduced frontage lots must comply with the following:
a. A maximum of four (4) dwelling units, two (2) on reduced frontage lots and two (2) on normal frontage lots, may be accessed from one (1) private way.
b. No private way shall enter onto a public road unless two hundred feet (200') of safe, each way, all-season sight distance is established.
c. No private way shall enter onto NH Route 101.
d. The private way must be capable of providing adequate year round access for emergency vehicles.
e. The Planning Board shall be provided with a document establishing the conditions of use of the common private way that are satisfactory to Town counsel and include the following: mutual easements between the lots sharing the private way; provisions for maintenance of the private way; and suitable language to insure that the private way will not become a Town road unless brought up to Town road specifications.
6.4 Cluster Developments.
Cluster development of dwelling units may be permitted under the following conditions.
6.4.1 Area. Minimum development site is fifteen (15) acres.
6.4.2 Frontage. A minimum of five hundred (500) feet of frontage on a Class V or better public right-of-way.
6.4.3 Density. Dwelling unit density shall be determined by the Planning Board in accordance with the provisions of the Cluster Development Regulations. The total number of dwelling units will be determined by the total acreage being submitted for development excluding wetlands and land contained within the one hundred (100) year floodplain.
6.4.4 Open Space. Fifty percent (50%) of the total acreage shall be set aside as open space. Within a one (1) mile radius of the Town Hall where Town water and sewer are available and proposed for use within the cluster development, the open space requirement shall be reduced to forty percent (40%).
6.5 Manufactured Housing.
An individual manufactured house may be located anywhere in this district provided it meets all of the minimum requirements of the district. In addition, open space under manufactured homes shall be enclosed with suitable "skirting". (Amended March, 1991.)
6.6 Special Exceptions.
The following uses will only be allowed as special exceptions by the Zoning Board of Adjustment (ZBA) and site plan review and approval by the Planning Board.
6.6.1 Home Occupations. The ZBA may, in appropriate cases subject to appropriate conditions, permit home occupations in compliance with the requirements of this section, Section 5.3.1 Home Occupations and Section 4.6 Performance Standards. The provisions of Section 5.3.1 shall govern home occupations in this district except as otherwise provided for below. (Adopted March 1993.) Home occupations which meet the requirements of Section 5.3.1.1 Special Exception Not Required, shall be permitted without a special exception from the Zoning Board of Adjustment and without site plan review by the Planning Board. (Adopted March 1998.)
a. The home occupation shall not be evident from the road or other public right-of-way.
b. Materials or equipment stored outside must be adequately screened from adjacent public rights-of-way and properties.
c. Only retail sales which are customary and incidental to the home occupation are permitted.
d. Separate structures may be constructed or placed to accommodate the home occupation if screened from surrounding development and suitable for reversion to a use ancillary and incidental to a residential or agricultural use.
e. The home occupation use shall be clearly subordinate and secondary to the primary use of the property as a residence.
5.0 Residential District