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This online version of the Zoning Ordinance has not been checked for accuracy. 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. The official text of the Wilton Zoning Ordinance is available in printed form at the Wilton town offices, and as a PDF file on the Town of Wilton web site.

This is the 2016 version of the Zoning Ordinance, including all amendments up to and including those passed by Town Meeting in March, 2016, but not any amendments passed in 2017 or later.

5.0 Residential District

5.1 Permitted Uses.
5.2 Lot Requirements.
5.3 Special Exceptions.
5.4 Manufactured Housing.
5.5 Acessory Dwelling Units.

The purpose of this district is to provide opportunities for mixed types of residential development at a high density where appropriate services exist or are available. The extent of this district is determined by the designated residential boundaries on the zoning map.

5.0.1 District Location. The Residential District encompasses the following areas within the Town of Wilton (amended March 1995, March 2010):

  1. The area in west Wilton south of NH Route 101 as delineated on the Town of Wilton Tax Map C encompassing lots 106 through 114 inclusive; 117, 118, 119 and part of 120 drawing a straight line from the northwest corner of 118 to the northeast corner of 119; 122 through 124 inclusive; and 137 through 141. (Amended March 2010)
  2. The area in Wilton Center as delineated on the Town of Wilton Tax Map C encompassing lots 62, 63, 64, part of 65 drawing a straight line from the southwestern corner of 66 to the northeast corner of lot 63, 66, and 67; 72, 73, parts of D-140-1 and C-74 east of a straight line drawn from the southeastern corner of 72 to the northwestern corner of 76, 75,77 and 78; and 81, 82 and 84. (Amended March 2010)
  3. Tax Map F all land east of NH Route 101 between the north and south intersections of Intervale Road from the western edge of the 150 foot Commercial district to the eastern edge of the Souhegan River, lot 140 from NH Route 101 to the Souhegan River; Map D lot 99; Map L lots 29, and 48; and Map M lots 6 through 98 inclusive.
  4. Tax Map D lots 105, 106-1 through 113 inclusive, 66, 68, 69, 74, 75, 76 and 77; Map M lot 1; Map L lots 1 through 28 inclusive, 30 through 39 inclusive, 42 through 45 inclusive, and 67; and Map J 106 through 109 inclusive, 111, 112, 112-1, 114 through 132 inclusive, 136, 137, 138 east of a straight line drawn from the south western corner of lot 136 to the corner of the southern corner of the jog in the northern line of 138, portions of lot 133, 134, 135 and 139 east of a straight line drawn from the south western corner of lot 136 to the south western corner of lot 133. (Amended March 2010)
  5. Tax Map J part of lot 12 east of a line drawn from the western corner of lot 76 on Dale Street to the jog in lot 12; lots 13 through 42 inclusive, 62 through 78 inclusive, 80, and 92 through 98 inclusive; Map K lots 15 through 37 inclusive, 48 through 62 inclusive, 67 through 84 inclusive, 86 through 102 inclusive, 105 through 153 inclusive, 155 through 157 inclusive and 164.

5.1 Permitted Uses.

A building may be erected, altered or used and a lot may be used or occupied for:

  1. Single family and duplex family dwellings and accessory uses.
  2. Multi-family dwellings containing three dwelling units with site plan approval by the Planning Board.
  3. A maximum of three (3) dwelling units per lot is allowed for any new construction on Town water and sewer and a maximum of two (2) dwelling units per lot in the remainder of this district.
  4. Only one dwelling per lot is allowed except as provided by the Cluster Development Ordinance. The number of dwelling units per building shall be determined by the density provisions of this section.

5.2 Lot Requirements.

5.2.1 Area. Minimum lot size one-half (0.5) acre per dwelling unit when served by both public water and sewer and one (1) acre per dwelling unit for lots not served by both public water and sewer. Wetlands and land contained in the 100 year floodplain must be excluded from the calculation of the minimum lot area. (Amended March 1992.)

5.2.2 Frontage. One hundred (100) feet on a public right-of-way, Class V or better.

5.2.3 Setbacks. Thirty-five (35) feet front. Fifteen feet (15) for all other lot lines. For each corner lot, the side setback abutting the street shall be thirty-five (35) feet. No buildings or associated uses, including but not limited to swimming pools, antennas and satellite dishes, are permitted in the setback. (Amended March, 1991; March 1994.)

5.2.4 (Reserved.) (Amended March, 1991.)

5.2.5 Structure height. Not to exceed forty-five (45) feet or two stories.

5.3 Special Exceptions.

The following uses will only be allowed as special exceptions by the Zoning Board of Adjustment and site plan review and approval by the Planning Board. (See also Section 4.4)

5.3.1 Home Occupations. Any home occupation shall be permitted as a special exception provided it complies with the requirements of this section. When considering an application for a home occupation, the Zoning Board of Adjustment shall consider the location of the proposed use, the area of the lot, the type and density of surrounding development, existing buffers and screens between the proposed use and surrounding development, and the compatibility of the proposed use with the surrounding neighborhood. (Amended March 1992.)

  1. The home occupation shall be incidental and secondary to the use of the dwelling unit as a residence. (Amended March 1992.)
  2. Home occupations shall be carried on by the resident owner, resident members of the owner's family, a resident tenant, or resident members of the tenant's family.
  3. Two (2) non-family employees are permitted on the premises.
  4. No additions or changes shall be made to the residence that will make it impractical to revert the building to purely residential use. (Amended March 1992.)
  5. Exterior storage of materials or equipment is prohibited. (Amended March 1992.)
  6. In addition to the parking area required for the primary residential use, sufficient off-street parking shall be provided for any non-resident employees, customers and suppliers who may normally be expected to need parking at one time. Driveways may be used for client parking. Where additional space is desired, a maximum of two (2) parking spaces is permitted; however, those spaces shall not be located in the front yard. Parking spaces shall be a minimum of nine feet by eighteen feet (9' X 18') per space.
  7. Traffic generated by the home occupation shall not create safety hazards or be substantially greater in volume than would normally be expected in the neighborhood. (Amended March 1992.)
  8. Home Occupations shall be conducted in accordance with all Town regulations, state laws and licensing requirements. (Amended March 1992.)
  9. When a business outgrows the standards established for a home occupation, it must relocate into a commercial or industrial district.

5.3.1.1 Special Exception Not Required (Adopted March 1998.)

A home occupation may be conducted without a special exception from the Zoning Board of Adjustment and without site plan review by the Planning Board provided that, in addition to the requirements of the preceding section (5.3.1), it also satisfies the following standards:

  1. The home occupation shall occupy no more than 20% of the existing, gross heated floor area of the primary residence or the structure in which the home occupation is operated.
  2. There shall be no customer or client visits to the premises and commercial traffic for the delivery or pick-up of materials associated with the home occupation shall be limited to five visits per week. (excluding regular US Postal Service residential service)
  3. The home occupation shall not employ any non-resident full time or part time employees on the premises.
  4. No signs are allowed to advertise a home occupation.
  5. There shall be no outside operation(s) related to the home occupation.

5.3.2 Bed and Breakfasts. Up to four lodging units may be created and rented in an existing dwelling, and meals may be provided to the persons renting the lodging units. The requirements for a bed and breakfast are the same as those for a home occupation, except that requirement 5.3.1 a., shall not apply.

5.3.3 Churches, synagogues, parish houses and convents. Churches, synagogues, parish houses, convents and other accessory uses subject to the following conditions:

  1. minimum frontage of 200 feet on a Class V or better road;
  2. no off-street parking shall be located within the setbacks nor within the front yard;

5.3.4 Hospitals, emergency medical centers and clinics. Hospitals, emergency medical centers and clinics subject to the following conditions:

  1. minimum frontage of 200 feet on a Class I, II or IV road;
  2. primary ingress or egress shall be adequate for the use proposed without having a detrimental impact on the neighborhood.

5.3.5 Civic and municipal buildings.

5.3.6 Schools and day care centers.

  1. All public or non-public schools, kindergarten and grades 1 through 12, that come under the rules adopted by the state board of education and administered by the State Department of Education must receive a special exception from the Zoning Board of Adjustment under section 5.3. Home education as defined by RSA 193-A is not required to receive a special exception under section 5.3.1. (Amended March 2000, March 2014.)
  2. Any in-home day care and pre-school, defined as the regular care or education in a dwelling unit of children not residents of that dwelling unit, that requires state licensing under RSA 170-E, also requires a special exception as a home occupation under section 5.3.1. If state licensing is not required, then the in-home day care, pre-school, or kindergarten is not required to obtain a special exception. (Amended March 12, 1996, March, 2014.)
  3. Adult and youth educational and cultural activities are permitted as an accessory use of the existing facilities of schools which are permitted under paragraph (a) above. They must be strictly subordinate and customarily incidental to the permitted school use of the facilities. (Adopted March 2004.)
  4. Accessory Adult Educational Facilities. New facilities, including new buildings, for teacher and instructor training, licensing, accreditation, and development, are permitted by special exception in conjunction with schools which are permitted under paragraph (a) above. Such uses and facilities must be strictly subordinate to and in support of the primary childhood education function of the school, and must be located on the same property or on a property contiguous to the school. New construction is limited to thirty (30) percent of the primary facility’s heated gross square footage, but shall not exceed a maximum of ten-thousand (10,000) square feet of total floor area and a maximum of two (2) stories. Uses permitted under this paragraph will also require nonresidential site plan approval from the Planning Board. (Adopted March 2004.)
  5. Daycare Facilities. Daycare and preschool programs are permitted by special exception in conjunction with schools which are permitted under paragraph (a) above. Such programs may be located in existing school buildings or in new buildings constructed for that purpose on the same lot. New construction is limited to thirty (30) percent of the primary facility’s gross square footage, but shall not exceed a maximum of ten-thousand (10,000) square feet of total floor area and a maximum of two (2) stories. Uses permitted under this paragraph will also require nonresidential site plan approval from the Planning Board. (Adopted March 2014.)

5.3.7 Multi-family. Multi-family uses of dwellings in existence as of March 14, 1989 upon the following terms and conditions:

  1. a maximum of two (2) dwelling units per lot less than one-half (0.5) acre in size where Town water and sewer are available and utilized;
  2. a maximum of three (3) dwelling units per lot one-half (0.5) acre or greater in size where Town water and sewer are available and utilized;
  3. two (2) 9' x 18' parking spaces per dwelling unit provided on site; parking spaces for any new dwelling unit(s) shall not be located in the setback; (Amended March, 1991.)
  4. and open space in an amount equal to two (2) times the total area occupied by driveways, parking areas and all buildings on site. (Amended March, 1991.)
  5. Multi-family conversion will be allowed in the compact Village area defined as the Residential District north of NH Route 101 and east of Holt Road, and those in the Residential District with frontage on Intervale Road served by water and sewer.

5.4 Manufactured Housing.

Manufactured housing is prohibited in the Residential District, except as provided for in Section 4.7. Any property owner or lessee may accommodate the recreational trailer of a non-paying guest for a period not exceeding thirty (30) days in any year. (Amended March 1993.)

5.5 Accessory Dwelling Units. (Adopted March 2017)

This section implements the requirements of RSA 674:72, “Accessory Dwelling Units.”

5.5.1 Existing Dwellings. A second dwelling unit may be added to any legally existing single family dwelling located in a zoning district where residential uses are permitted, subject to the requirements set forth below. The second dwelling unit may be created in existing space in the dwelling or in a newly constructed addition to the dwelling.

5.5.2 New Construction. A two-family dwelling may be constructed on any lot where a single family dwelling may legally be constructed, subject to the requirements set forth below.

5.5.3 Requirements. The following requirements apply only to development which would not be permitted other than by this section.

  1. The two dwelling units must have independent means of ingress and egress, or have ingress and egress through a common space such as a shared hallway to an exterior door.
  2. The two dwelling units must share a common interior wall, and there must be an interior door between the two dwelling units.
  3. At least one of the two dwelling units must be the principal residence of at least one owner of the dwelling. The two dwelling units must remain in common ownership. Transfer of either dwelling unit to condominium ownership is not permitted. Violation of the requirements of this paragraph will result in the revocation of the Certificate of Occupancy for the two-family use of the dwelling.
  4. At least one of the two dwelling units must have no more than two bedrooms, and a living area of no more than 800 square feet.
  5. Requirements for water supply and sewage disposal are the same as for any two-family dwelling. Addition of a second dwelling unit to an existing single family dwelling under section 5.5.1 shall be subject to RSA 485-A:38, “Approval to Increase Load on a Sewage Disposal System.”
  6. Off-street parking shall be provided for one car for each one-bedroom dwelling unit in the dwelling, and for two cars for each dwelling unit having two or more bedrooms, and shall satisfy any setback requirements pertaining to parking in that Zoning District.
  7. A newly constructed addition under section 5.5.1 shall satisfy the setback requirements of the zoning district.

5.5.4 Special Exceptions

5.5.4.1 Living area. When creating a second dwelling unit under section 5.5.1, the maximum living area specified by paragraph 5.5.3(d) may be increased by no more than an additional 100 square feet in order to avoid unreasonable distortions to the floor plan of the dwelling.

5.5.4.2 Parking. When creating a second dwelling unit under section 5.5.1, the parking space requirements of paragraph section 5.5.3(f) may be relaxed or waived if the dimensions of the lot and the placement of existing structures on the lot are such that there is no reasonable way to provide the required parking spaces.