4.09   SEASONAL DWELLING CONVERSION

A.    Purpose. This section establishes the requirements for the conversion of seasonal dwellings to permanent occupancy.

B.    Application. This section applies to the conversion of any seasonal dwelling regardless of date of construction or occupancy.

C.    Conversion/Requirements. The conversion of a seasonal dwelling to a home that is, or may be used as the primary or year round dwelling, shall require a Special Exception from the Zoning Board of Adjustment unless the following conditions are met:

1.    Lot Size. The lot must meet the minimum area requirement for the zoning district where it is located.

2.    Setbacks, Height, Area. The dwelling must meet the setback, height and floor area requirements of the zoning district where it is located.

3.    Septic System. The applicant must submit proof of compliance with RSA 485-A:38 in full accordance with Env-Ws 1004.12 & 1004.13, of the Administrative Rules of the New Hampshire Department of Environmental Services.

Holding tanks will not be permitted.

4.    Frontage. The lot shall meet the minimum street frontage requirements and, if applicable, the minimum shore frontage requirements.

D.    Permit. A person seeking to convert a seasonal dwelling to year-round occupancy shall obtain an occupancy permit from the Wakefield Code Enforcement Office to ensure compliance with all applicable town and state codes.

E.    Special Exception. A Special Exception for the conversion of a seasonal dwelling shall be allowed if the following conditions are met:

1.    It is reasonably demonstrated that the lot is of sufficient size to accommodate the structure proposed for conversion based upon a proportional calculation of bedrooms and the lot size criteria mentioned in paragraph C above;

2.    The setback, height, and area requirements of the structure proposed for conversion will not diminish the surrounding property values and is within the spirit and intent of the ordinance;

3.    The structure proposed for conversion conforms to C.3. above; and

4.    It can be reasonably demonstrated that the lot has sufficient frontage to provide adequate and safe year-round access to the parcel.

5.    With regard to sewage disposal, the applicant must submit proof of compliance with RSA 485-A:38 in full accordance with Env-Ws 1004.12 & 1004.13, of the Administrative Rules of the New Hampshire Department of Environmental Services.