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Wilton ZBA > Zoning Ordinance > 2017 > General Provisions

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 2017 version of the Zoning Ordinance, including all amendments up to and including those passed by Town Meeting in March, 2017, but not any amendments passed in 2018 or later.

4.0 General Provisions

4.1 Alteration and Removal of Materials
4.2 Sanitary Protection
4.3 Unregistered Motor Vehicles
4.4 Special Exceptions
4.5 Variances
4.6 Performance Standards
4.7 Temporary Placement of Manufactured Homes
4.8 Private Aircraft Landings and Takeoffs
4.9 Notification of Abutters

4.1 Alteration and Removal of Materials

Excavation of earth materials regulated under RSA 155-E are permitted only in the Gravel Excavation District under the restrictions of Chapter 9B of this Ordinance, except where exempted under the provisions of RSA 155-E:2 and RSA 155-E:2-a. (Amended March 2006)

4.2 Sanitary Protection

All sanitary waste will be properly disposed of in such a manner as to prevent all health hazards All uses as set forth below shall be serviced either by individual septic systems or the town sewer system.

4.2.1 Individual Systems

All individual septic system shall meet the following specifications:

  1. sanitary systems shall be constructed and maintained in accordance with the standards set and enforced by the New Hampshire State Department of Health and Welfare and by the New Hampshire Water Supply and Pollution Control Division (WSPCD);
  2. no systems shall be located in poorly or very poorly drained soils;
  3. sanitary systems shall be setback from wetlands, open water bodies and perennial streams as follows:
    1. systems located entirely or partially in highly permeable soils (a permeability of six (6) inches per hour throughout as indicated in the USDA Soil Survey of Hillsborough County, New Hampshire, Western Part,) - 125 feet;
    2. systems located entirely or partially in somewhat poorly drained soils, moderately well drained soils or soils with a restrictive layer and a slope of 8 percent or greater - 100 feet;
    3. systems located in all other soils - 75 feet.
  4. All systems shall be inspected by the State of New Hampshire before covering. The cost of the inspection will be borne by the installer.

4.2.2 Town Sewer System

New construction in areas serviced by Town sewer shall be required to connect to the system.

4.3 Unregistered Motor Vehicles

No more than two (2) unregistered motor vehicles which are no longer in condition for legal use on the public highways are permitted on a lot. (Adopted March 1993.)

4.4 Special Exceptions

Any Special Exceptions permitted by this Ordinance may be granted by the Zoning Board of Adjustment only upon a finding that:

  1. The proposed use is not permitted by the Ordinance in the absence of a Special Exception.
  2. The proposed use is consistent with and will not substantially affect the character of the neighborhood in which it is proposed.
  3. The proposed use will comply with section 4.6, Performance Standards.
  4. The proposed use will not cause any unreasonable diminution of surrounding area property values.
  5. The effect of the proposed use on traffic in the neighborhood and in the Town will generally be acceptable.
  6. Sewer, water and other public facilities are adequate for the proposed use.
  7. Adequate offstreet parking is available for the proposed use.
  8. The proposed use will not be detrimental to the attractiveness of the Town.
  9. The proposed use is consistent with the spirit of the Zoning Ordinance.
  10. The proposed use meets all other criteria enumerated in the section of the Ordinance which permits the particular Special Exception.

4.5 Variances

If construction or other improvements have occurred on a property subsequent to the enactment of some restriction in this ordinance, then an inability to satisfy that restriction which is, in whole or in part, a consequence of the prior construction or improvements, shall not be deemed to be a hardship for the purposes of granting a variance for proposed future use. (Adopted March 12, 1996.)

4.6 Performance Standards

All land use activities shall be conducted and operated to minimize negative environmental impacts to neighboring properties from emissions of smoke, noise and odors, vibrations, discharges, and storm water run off, and shall conform to all State and Federal regulations and the following performance standards.

4.6.1 Vibrations. Every use shall be so operated that ground vibration inherently and recurrently generated is not readily perceptible, without instruments, at any point on the property line of the property on which the use is located.

4.6.2 Noise. Objectionable noise due to intermittent beat, frequency, shrillness or excessive volume shall be muffled or eliminated so as not to become a nuisance to adjacent property.

4.6.3 Odor. Every use shall be so operated as to prevent the emission of objectionable or offensive odors in any such concentrations as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located.

4.6.4 Smoke. No use shall be so operated that it degrades the quality of the air by emitting smoke or particulate matter.

4.6.5 Discharges. No use shall be so operated that it emits hazardous waste or materials.

4.6.6 Stormwater Runoff. Where development is within an aquifer area, all surface storm water shall be kept on-site and handled in such a manner as to allow the water to infiltrate into the ground before leaving the site.

4.6.7 Wetlands Conservation District Setback. Buildings must be set back fifty (50) feet from delineated wetlands. Wetlands boundaries shall be delineated on the basis of hydrophytic vegetation, hydric soils, and wetlands hydrology, by either a certified soil scientist or a certified wetlands scientist in accordance with the techniques and standards outlined in the Corps of Engineers “Wetlands Delineation Manual,” 1987, and the New Hampshire Department of Environmental Services Wetlands Bureau “Wetlands Rules.” (Adopted March 2004)

4.7 Temporary Placement of Manufactured Homes and Office Facilities

4.7.1 Temporary Placement of Manufactured Homes. The Building Inspector may grant a permit to temporarily locate a manufactured home on the same lot as a permanent dwelling or building for a period of up to twelve months while a dwelling is being initially constructed or substantially reconstructed; or any building is being reconstructed after damage by fire or other natural cause. In cases of hardship, the Building Inspector may grant one six-month extension to the permit. At the end of the twelve-month period or the extension, the manufactured home must be removed from the lot. The intent of this section is not to create an additional dwelling unit on any lot. The temporary dwelling unit or unit shall be serviced by existing or new approved septic/sewer and water systems. (Amended March 2000.)

4.7.2 Temporary Placement of Office Facilities. The Building Inspector may grant a permit to temporarily locate office facilities for a period of up to six months while a permanent structure is being reconstructed after damage by fire or other natural cause. Within sixty days (60) days of the issuance of a permit, an application for site plan review must be submitted to the Planning Board showing the permanent location of all office facilities. In cases of hardship, the Building Inspector may grant one six month extension to the permit. At the end of the six month period or the extension, the temporarily office facility must be removed from the lot. The intent is not to create additional office facilities on any lot. The temporary office facilities shall be serviced by existing or new approved septic/sewer and water systems. (Adopted March 1999.)

4.8 Private Aircraft Landings and Takeoffs

The use of lands for private aircraft landings and take-offs, or the operation of related equipment on private land, by the owner of such land or by a person who resides on such land are not valid accessory uses. Such use of land is considered a primary use and is not a permitted use in any zoning district within the Town of Wilton. (Adopted March 1999.)

4.9 Notification of Abutters (Adopted March 2003.)

Applications to the Zoning Board of Adjustment and Planning Board shall require notification of the property owner(s), applicant(s), all persons required under RSA 676:4 I.(d), and RSA 676:7 I (a), and all property owners separated by a railroad right-of-way.