LYME ZONING ARTICLE III ZONING DISTRICTS 3.10 ZONING MAP AND ESTABLISHMENT OF DISTRICTS The zoning map entitled "Lyme Zoning Map," is hereby adopted as part of this ordinance. The Lyme Zoning Map is attached as Appendix G. It shows a division of the Town into the following districts: Lyme Center District Lyme Common District Commercial District Rural District East Lyme District Skiway District Mountain and Forest District Wireless Telecommunications District Conservation Protection Districts are also established as set forth in Section 3.25. 3.20 DESCRIPTION AND OBJECTIVES OF DISTRICTS 3.21 Lyme Center and Lyme Common Districts. The boundaries of the Lyme Center and Lyme Common Districts are shown on the Lyme Zoning Map. The objectives of the Lyme Center and Lyme Common Districts are to provide for a mixed use village character, preserve existing structures, minimize traffic and provide a variety of residential situations. Lyme's villages should continue to be residential in nature but should support a mixture of neighborhood commercial uses, institutional and civic uses. New buildings, building renovations and signs should be consistent with the present character of the villages. 3.22 Commercial District. The boundaries of the Commercial District are shown on the Lyme Zoning Map. The objectives of the Commercial District are to prevent strip development, limit commercial and light industrial use to a scale appropriate to existing uses in the area, promote a mixed use character, provide a variety of residential situations and preserve Route 10 as a free-flowing highway. 3.23 Rural District. The boundaries of the Rural District are shown on the Lyme Zoning Map. The objectives of the Rural District are to protect the existing pattern of rural land uses in the Town, to maintain and foster traditional agricultural pursuits, to encourage the most appropriate use of land, and to facilitate the adequate provision of community services. Less intensive land uses are permitted in the Rural District to ensure that uses complement each other and are consistent with the existing character of the District and to minimize demands placed on Town services. 3.24 East Lyme District. The boundaries of the East Lyme District are shown on the Lyme Zoning Map. The objectives of the East Lyme District are to protect Lyme's natural heritage, to encourage the most appropriate use of land and to facilitate the adequate provision of community services. Because of its remote location and the low capability of the land to support development, East Lyme is reserved for low intensity land uses. 3.241 Skiway District. The boundaries of the Skiway District are shown on the Lyme zoning map. The objectives of the Skiway District are to recognize the unusual topographic features which restrict any development and to make provision for the Skiing Facilities use of land which existed at the time of the adoption of the Zoning Ordinance. The land in the Skiway District has limited use and is uniquely appropriate for the operation of a ski area. In addition, the existing ski area is a recreational asset benefiting the Town. PAGE 11 3.25 Conservation Protection Districts. The Conservation Protection Districts are comprised of the Wetlands Conservation District (Section 3.251), the Steep Slopes Conservation District (Section 3.252), the Shoreland Conservation District (Section 3.253), the Agricultural Soils Conservation District (Section 3.254), the Flood Prone Area Conservation District (Section 3.255), the Ridgeline and Hillside Conservation District (Section 3.256), the Mountain and Forest Conservation District (Section 3.257), and the Wireless Telecommunications District (Section 3.258). The Conservation Protection Districts are established in order to protect Lyme's natural heritage and agricultural soils and to ensure that land is developed only according to its natural capability. The Districts are defined in Sections 3.251 through 3.258. 3.251 Wetlands Conservation District. The Wetlands Conservation District is hereby defined as all areas comprising bogs, marshes, swamps and other very poorly drained or poorly drained soils, together with a 100 foot buffer zone around such areas. 100% of such wetland areas and 80% of the 100 foot buffer zone shall be excluded in the calculation of lot size. Swamps, marshes and bogs are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of vegetation adapted for life in saturated soil conditions. These areas are further defined as follows: A. Swamps are areas where the water table is at or near the ground surface for a significant part of the year. The vegetational community characteristic of swamps includes the trees, woody shrubs and plants listed in Appendix A. B. Marshes are treeless wetlands dominated by soft-stemmed herbaceous plants. The surface of the marsh is covered year-round, though seasonal fluctuations in water depth are expected. Marshes range from the wet meadows variety to deep marshes which can be covered with several feet of water. The vegetational community characteristic of marshes includes the plants listed in Appendix B. C. Bogs consist of peat and muck deposits of significant depths and are characterized by a group of trees and plants which are adapted to the bog's highly acidic conditions. The water in a bog is practically devoid of oxygen and nutrients. Bogs usually develop in undrained glacial depressions. Typical trees, shrubs and plants are listed in Appendix C. D. Soil series and land types commonly associated with wetlands are very poorly drained or poorly drained soils described by the U.S. Natural Resources Conservation Service Soil Survey of Lyme, New Hampshire. These soils are listed in Appendix D. E. Wetlands less than 2500 square feet in size are excluded from the provisions of the Wetlands Conservation District. Wetlands are extremely important to the Town as they provide areas for floodwater storage, wildlife habitat and groundwater recharge. They also serve to protect and enhance surface water quality through filtration and augmentation of stream flow during dry periods. The primary objective of the Wetlands Conservation District is to preserve and protect the Town's wetlands and thereby serve the following additional objectives: (1) protect natural areas; (2) protect wildlife habitat; (3) maintain ecological balance; (4) protect potential water supplies and existing aquifers and aquifer recharge areas; and (5) avoid expenditure of municipal funds for the purpose of providing and/or maintaining essential services and utilities which might be required as a result of misuse or abuse of wetlands. 3.252 Steep Slopes Conservation District. The Steep Slopes Conservation District is hereby defined as comprising all areas within which there is an elevation change of 20 feet or more and the average slope is 20% or greater. Any area which meets the foregoing criteria lies within the Steep Slopes Conservation District even though it may be part of a larger area which has an average slope of less than 20%. If part of a lot lies within the Steep Slopes Conservation District, 80% of such part shall be excluded in the calculation of lot size. The primary objective of the Steep Slopes Conservation District is to limit the nature and intensity of development of steep slopes to those uses which can be harmoniously, appropriately and safely located on steep slopes and thereby serve the PAGE 12 following additional objectives: (1) prevent soil erosion; (2) protect surface waters from sedimentation, turbidity, runoff of stormwater and effluent from sewage disposal systems; (3) preserve tree cover and other vegetative cover; (4) protect wildlife habitat; (5) preserve scenic views; (6) protect natural areas; and (7) maintain ecological balance. The Steep Slopes Conservation District shall not include land in the Skiway District used in conjunction with Skiing Facilities. 3.253 Shoreland Conservation District. The Shoreland Conservation District is hereby defined as comprising (1) all lands within 200 feet of the shore of the Connecticut River (including backwaters impounded by Wilder Dam), Reservoir Pond, Post Pond, Trout Pond, and all other ponds greater than 5 acres in size, and (2) all lands within 100 feet of the shore of all other surface waters. The 100 and 200 foot distances shall be measured horizontally from the top of the bank above the surface water in question. If part of a lot lies within the Shoreland Conservation District, 80% of such part shall be excluded in the calculation of lot size. The Town's surface waters are vital natural resources providing significant scenic, recreational and wildlife values with the potential for public water supply. The primary objective of the Shoreland Conservation District is to preserve and protect the Town's surface waters by permitting only those uses which can be harmoniously, appropriately and safely located adjacent to surface waters and thereby serve the following additional objectives: (1) protect surface waters from sedimentation, turbidity, runoff of stormwater, and effluent from sewage disposal systems; (2) preserve tree cover and other vegetative cover; (3) protect wildlife habitat; (4) preserve scenic views; (5) protect natural areas; and (6) maintain ecological balance. The Shoreland Conservation District shall not include land in the Skiway District used in conjunction with Skiing Facilities. 3.254 Agricultural Soils Conservation District. The Agricultural Soils Conservation District is hereby defined as comprising those areas in the Rural, East Lyme and Mountain and Forest Zoning Districts characterized by agricultural soils of national, statewide or local importance designated as such by the U.S. Natural Resources Conservation Service in its Soil Survey of Lyme, NH. Such soils are listed in Appendix F. If part of a lot lies within the Agricultural Soils Conservation District, such part shall contribute to the calculation of lot size as follows: 60% of areas characterized by agricultural soils of national or statewide importance and 40% of areas characterized by agricultural soils of local importance shall be excluded in the calculation of lot size. Agriculture makes vital and significant contributions to the food supply, the economy, the environment and the aesthetic features of the State of New Hampshire and of the Town and the tradition of using the land resource for agricultural production is an essential factor in providing for the favorable quality of life in the State and in the Town. The Town's agricultural soils are a scarce and vital natural resource providing the benefits outlined above. The primary objective of the Agricultural Soils Conservation District is to preserve and protect the Town's agricultural soils by permitting only those uses which can be accommodated without destroying the usefulness of such soils for agricultural production. The Agricultural Soils Conservation District shall not include land in the Skiway District used in conjunction with Skiing Facilities. 3.255 Flood Prone Area Conservation District. The Flood Prone Area Conservation District is hereby defined as comprising all flood prone areas. Flood prone areas are (1) areas of land lower in elevation than the land-water boundary at the high water mark along a water course flowing at its 1% frequency (100 year flood), (2) areas of land lower in elevation than the land-water boundary of other surface water at the high water mark of such surface water at its 1% frequency (100 year flood) and (3) those areas characterized by soils classified by the National Cooperative Soil Survey as "Soil Subject to Flooding". If part of a lot lies within the Flood Prone Area Conservation District, 80% of such part shall be excluded in the calculation of lot size. The primary objective of the Flood Prone Area Conservation District is to limit the nature and intensity of development of flood prone areas to those uses which can be appropriately and safely located in flood prone areas and thereby serve the following additional objectives: (1) secure safety from floods; (2) reduce the financial burdens imposed upon the Town through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; (3) prevent loss of life, property damage and the other losses and risks associated with flood conditions; (4) preserve the location, character, and PAGE 13 extent of natural drainage courses; (5) protect wildlife habitat; (6) preserve scenic views; (7) protect natural areas; and (8) maintain ecological balance. 3.256 Ridgeline and Hillside Conservation District. The Ridgeline and Hillside Conservation District is hereby defined as comprising those ridgeline and hillside areas which are visible from public waters or public roads located within the Town at a distance on the USGS topographic map of 1/2 or more miles (measured in a straight line distance from the proposed area of development). The scenic value of Lyme's ridgelines and hillsides contribute significantly to the maintenance and enjoyment of the Town's rural character. Preservation of these scenic values and of Lyme's rural character is essential to the current and future well being of the people of the Town. The primary objective of the Ridgeline and Hillside Conservation District is to protect the Town's scenic and rural character by providing that development be carried out so as to be visually unobtrusive to the greatest extent reasonably practicable while permitting the landowner to exercise his property rights. The Ridgeline and Hillside Conservation District shall not include land in the Skiway District used in conjunction with Skiing Facilities. 3.257 Mountain and Forest Conservation District. The boundaries of the Mountain and Forest Conservation District are shown on the Lyme Zoning Map. Lands in the Mountain and Forest District are extremely remote and are reserved for very low intensity land uses. The primary objective of the Mountain and Forest Conservation District is to preserve and protect Lyme's natural heritage of large tracts of undeveloped forest land in the more remote sections of Town and thereby serve the following additional objectives: (1) encourage continuation of large contiguous tracts of forest land in private ownership to provide forest resources and outdoor recreation; (2) encourage forestry and timber harvesting and permit other compatible uses including very low intensity development that will allow the land to appreciate in value; (3) protect natural areas; (4) protect wildlife habitat; (5) maintain ecological balance; (6) preserve scenic views; (7) avoid the burden of unreasonable municipal expenditures for the purpose of providing municipal services to remote and difficult locations; and (8) avoid the risk to health and safety of municipal employees and volunteers of providing emergency services to remote and difficult locations. 3.258 Wireless Telecommunications District. The boundaries of the Wireless Telecommunications District are the boundaries of the area of land located within one hundred feet of the Smarts Mountain Fire Tower. The primary objective of the Wireless Telecommunications District is to provide a reasonable opportunity for location of such facilities in the Town and thereby serving the following objectives: (1) provide Lyme residents with access to wireless communications; and (2) preserve scenic views. 3.30 INTERPRETATION OF DISTRICT BOUNDARIES 3.31 Location of District Boundaries. District boundaries which are defined by reference to the lines of roads, streams, and transportation rights-of-way shall be deemed to follow the centerlines. The discontinuance of roads shall not affect the location of such district boundaries. When the Administrator cannot definitely determine the location of a district boundary, he shall refuse action, and the ZBA, upon appeal, shall interpret the location of the district boundary with reference to the Zoning Map, the definitions and objectives of the districts, and the purposes set forth in all relevant provisions of this ordinance. 3.32 Lots Crossed by District Line If a lot lies in more than one district, each part of the lot shall be governed by the regulations of the district in which such part falls. At the option of the landowner, the lot may be governed wholly under the regulations of the most restrictive district. 3.33 Lots Crossed by Town Lines. When part of a lot lies outside the Town of Lyme, the portion within Lyme shall conform to this ordinance as if the portion of the lot which lies outside of Lyme did not exist. 3.34 Location of Conservation Protection District Boundaries. When it is alleged that an area has been incorrectly designated as lying within a Conservation Protection District or that an area not so designated meets the criteria of a Conservation Protection District, the Administrator shall consult with the Conservation Commission and the Planning Board before determining whether the area in question meets such criteria. The Administrator may PAGE 14 refer the issue to the ZBA in which case the ZBA shall make the determination after public hearing pursuant to the provisions of Article X of this ordinance. Expenses incurred by the Town in ruling on such allegations, including the fees and disbursements of consultants, including engineers, surveyors and soil scientists, shall be borne by the person making the allegation. PAGE 15 ARTICLE IV: USE REGULATIONS 4.62 Steep Slopes Conservation District A. Permitted Uses. Permitted uses are those uses which do not involve development. Such uses include the following: 1. Forestry and tree farming using best management practices to prevent soil erosion. 2. Agriculture using best management practices to prevent soil erosion. PAGE 25 3. Wildlife refuges. 4. Parks and outdoor recreation uses consistent with the objectives of the District. 5. Conservation areas and nature trails. B. Special Exceptions. Special Exceptions may be granted by the ZBA permitting the uses listed below. The application for any Special Exception shall be referred to the Planning Board for review and comment prior to scheduling the ZBA hearing on the application. The following uses are permitted by Special Exception in the Steep Slopes Conservation District: 1. Access ways with a maximum grade of 14% which meet the conditions of Section 4.54 2) and 3). 2. Roads which meet the standards for new roads set forth in the Lyme Subdivision Regulations. 3. Such access ways and roads shall be designed, constructed and maintained (a) in accordance with standards and limitations established by the Planning Board for crossing the Steep Slopes Conservation District and (b) so as to serve the objectives of the Steep Slopes Conservation District. 4. Noncommercial development within areas specifically reserved for that purpose which were created as the result of conservation easements executed prior to the adoption of this Zoning Ordinance on March 14, 1989. 4.66 Ridgeline and Hillside Conservation District. A. Permitted Uses. Permitted uses are those uses allowed or permitted by special exception in the underlying district if such uses will not be inharmonious when viewed from the Town's public highways or public waters. Such uses include the following: 1. Forestry and tree farming. 2. Agriculture. 3. Wildlife refuges. PAGE 29 4. Parks and outdoor recreation uses. 5. Conservation areas and nature trails. B. Special Exceptions. Uses permitted by special exception are the uses allowed by the underlying district subject to the requirement that the proposed use, to the maximum extent reasonably practicable, will not materially interfere with or degrade those visual features of the site or adjacent sites which contribute to the scenic character of the area as viewed from the Town's public highways or public waters and noncommercial development within areas specifically reserved for that purpose which were created as the result of conservation easements executed prior to the adoption of this Zoning Ordinance on March 14, 1989.