Town of Wilton, NH

Zoning Ordinance (2023)

6.0 General Residence and Agricultural District

6.0.1 District Location.

The General Residence and Agricultural District encompasses all areas in the Town of Wilton which are not encompassed in the Residential, Commercial, Industrial, or Office Park Districts, as enumerated in Chapters 5, 7, 8, and 9 of this Ordinance.

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:

  1. 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.
  2. All general farming and forestry activities.

6.2 Lot Requirements.

6.2.1 Area.

The minimum lot size is two (2) contiguous acres (87,120 square feet) of land per dwelling unit excluding wetlands, water bodies and land contained within the one hundred (100) year floodplain. (Amended March 2004, March 2020.)

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 building, or use that requires a building permit, is permitted in the setback. (Amended March, 2001.)

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.

Except for small wind energy system and personal wireless service facilities permitted under Chapter 15 or Chapter 15A of this Ordinance, respectively, no structure shall exceed forty-five (45) feet in height. (Adopted March, 2023.)

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, water bodies and land within the 100 year floodplain. (Amended March 1992, March 2020.)

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:

  1. 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.
  2. No private way shall enter onto a public road unless two hundred feet (200') of safe, each way, all-season sight distance is established.
  3. No private way shall enter onto NH Route 101.
  4. The private way must be capable of providing adequate year round access for emergency vehicles.
  5. 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, water bodies and land contained within the one hundred (100) year floodplain. (Amended March 2020)

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 4.10 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 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. Amended March 2022.)

  1. The home occupation shall not be evident from the road or other public right-of-way.
  2. Materials or equipment stored outside must be adequately screened from adjacent public rights-of-way and properties.
  3. Only retail sales which are customary and incidental to the home occupation are permitted.
  4. 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.
  5. The home occupation use shall be clearly subordinate and secondary to the primary use of the property as a residence.