General Provisions and Performance Standards
Part 305
305.01 Nonconforming Uses
(a) Any property being used or intended to be used for a purpose which is a nonconforming use as of the effective date of this rule may continue to be so used, as long as it remains otherwise lawful, subject to the following provisions.
(b) If any nonconforming use ceases for any reason for a period of more than 180 days as of the effective date of this rule or is not resumed within 180 days of the effective date of this rule, any subsequent use shall conform to the uses specified by this Zoning Rule for the zone in which such land or structure is located.
(c) Any nonconforming building, structure or use which has been superseded by a conforming building, structure or use shall thereafter conform to the regulations for the zone in which it is located, and the nonconforming building, structure or use shall not be thereafter resumed.
(d) A nonconforming use shall not be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of this Rule.
(e) As of the effective date of this Rule, all residential uses of buildings at Pease shall be deemed abandoned and shall not thereafter be resumed.
305.02 Accessory Buildings and Uses
(a) No accessory building, structure or use shall be located within the required front yard area nor shall be located nearer to the side or rear lot line than 75% of the height of such structure or 10 feet, whichever figure is greater.
305.03 Landscaping and Screening
(a) Landscaping
(1) Appropriate landscaping shall be provided in accordance with an approved landscaping plan.
(2) Landscaping treatment shall consist of natural vegetation or features, ground cover, shrubs and trees as appropriate.
(3) Landscaping plans shall meet the requirements of Section 404.03 of the Pease Development Authority Site Plan regulations.
(b) Screening
(1) Appropriate buffers shall be provided and maintained to screen the following uses from adjoining properties:
(a) Any off-street parking or loading area.
(b) All outdoor areas or facilities for the storage of fuel, solid waste, materials or products.
(c) Any commercial parking lot.
(d) Any principal use not conducted wholly within a building.
(e) As otherwise required by the Board.
305.04 Construction Trailers
(a) Requirements.
(1) Construction trailers may be located on a site following the issuance of a Building Permit allowing their placement. The location of the construction trailers shall be approved by the Building Inspector. Construction trailers shall be removed from the site, and where appropriate, the grounds shall be restored to their original condition prior to the issuance of a Certificate of Occupancy by the Building Inspector.
(2) Where a construction trailer or trailers are proposed to remain on a site following the issuance of a Certificate of Occupancy, the Building Inspector shall act to ensure that the following conditions are met prior to the issuance of a Certificate of Occupancy:
(a) Location of the construction trailer is in an approved location;
(b) A bond of $2,000 per trailer is either posted or contained in the Site Review Agreement to ensure the removal of the construction trailers, and where appropriate, the restoration of the grounds; and,
(c) The Building Inspector shall ensure that the bond or the Site Review Agreement remain enforceable over the period that the construction trailer is on the site.
(3) The bond for the construction trailers shall be released when the Building Inspector is satisfied that the trailers are removed, and where appropriate, the grounds have been restored.
305.05 Performance Standards
(a) Buildings and uses permitted in all zones shall conform to the following standards:
(1) FIRE AND EXPLOSION. No fire or explosive hazard shall exist such as to produce dangerous exposure to adjacent property.
(2) ODOR. No objectionable odor shall be detectable beyond the property line and the emission of odors, regardless of type, shall not be such as to be detrimental to the value and use of adjacent property.
(3) GASES. No noxious, toxic or corrosive fumes or gases shall be emitted beyond the amounts allowed and defined within the regulations and standards of the Division of Air Resources of the New Hampshire Department of Environmental Services.
(4) DUST AND SMOKE. Visible and particulate emissions into the atmosphere shall not exceed the limits set by, and shall meet the regulations of the Division of Air Resources of the New Hampshire Department of Environmental Resources. Visible and particulate emissions shall not create fog or other restrictions to visibility that may interfere with aircraft operations.
(5) HEAT AND GLARE. No heat or glare shall exist to the extent that such would be detrimental to adjacent properties or to the traveling public.
(6) EXTERIOR LIGHTS.
(a) The source of exterior lighting shall not be arranged in such a manner as to be detrimental to adjacent properties or create a hazard on public ways.
(b) A pulsating, flashing, rotating, oscillating, or other type of lighting intended as an attention-getting device shall be expressly prohibited, except for aviation-related purposes.
(c) Flood lights, spot lights, or other lighting device shall be arranged or shielded so as not to interfere with the safe operation of vehicles or aircraft.
(d) Any light which constitutes a "misleading light" as defined by the FAA is expressly prohibited.
(7) NOISE.
(a) Nonaircraft and nonaircraft engine testing-related noise. Noise shall be controlled so as not to be excessive due to intermittence, beat, frequency, shrillness or volume.
(b) Aircraft and aircraft engine testing-related noise.
[Reserved]
(8) HARMFUL INTERFERENCE. As defined in the rules and regulations of the Federal Communications Commission or as required by the FAA, any harmful interference is expressly prohibited.
(9) VIBRATION. No inherent and recurrently generating vibration shall be perceptible without instruments at the property line.
(10) WASTE DISPOSAL.
(a) Liquid and solid waste disposal shall comply with all pertinent laws and regulations.
(b) All industrial operations shall be subject to the requirements of an industrial pretreatment program to ensure that all liquid wastes meet any federal, state or other requirements prior to discharge to a publicly-owned treatment works.
(11) STORAGE. No raw or partially processed or finished material, machinery and equipment shall be open-air stored so as to be detrimental to adjacent properties.
(12) SEWER. Combined sewer and stormwater discharge volumes shall not cause the existing Pease sewage treatment plant to exceed 90% of its rated capacity.
(13) AQUIFER. All development and land uses shall be accomplished in a manner which ensures maximum protection of the exiting aquifer and aquifer recharge areas or any other water source.
(14) STORM DRAINAGE. Any grading, paving or storm drainage systems shall not result in erosion or sedimentation of streams, or damage to adjoining properties and roads.
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