Section 2.00 Base Zoning Districts
2.01 RESIDENTIAL I.
A. BOUNDARIES. That area bounded on the South by a line 500 feet north of Meadow Street and Witchtrot Road, bounded on the East by a line 1,000 feet easterly of Wakefield Road and then Province Lake Road (now Route 153), bounded on the Northeast by Copp Brook, bounded on the Northwest by the B & M Railroad, and bounded on the West by a line 1,000 feet westerly of Wakefield Road, to the Horn Brook, and to include land westerly of Route 153, Northerly of a line 500 feet north of the center line of Meadow Street, and easterly of High Street, and also to include Lots 47, 48, 49, 50, 51, 52 as shown on Wakefield Property Map #31, Revised April 1, 1984; also including that area known as "Forest Hills", bounded northeasterly by the former Wolfeboro Rail Road, westerly by Route 16 and southerly by the current Business & Commercial District boundary, that boundary being 500 feet northerly and parallel to Meadow Street.
B. PERMITTED USES.
1. One of the following:
A single-family dwelling; or
A multi-family dwelling;
2. Home occupation;
3. Essential town services;
4. Accessory use.
C. USES ALLOWED BY SPECIAL EXCEPTION.
1. Elderly Housing or Life Care Facility.
2. Day care facility or nursery school.
D. MINIMUM LOT REQUIREMENTS.
1. Standard Lot Requirements.
a. Area. One (1) acre, provided, however, that for each dwelling unit in a multi-family dwelling there shall be required an additional 10,000 square feet.
b. Street Frontage: 150 feet.
c. Street Setback: 20 feet from edge of the right-of-way.
d. Side Setback: 20 feet, except that the setback shall be 10 feet for preexisting non-conforming uses and/or non-conforming lots.
e. Rear Setback: 10 feet.
2. Flag Lot Requirements.
a. Area. 60,000 square feet or 40,000 square feet if serviced by the Sanbornville Water Precinct or the Wakefield sewer system, provided, however, that for each dwelling unit in a multi-family dwelling there shall be required an additional 20,000 square feet.
b. Street Frontage: 50 feet.
c. Front Setback: 20 feet from edge of the "pole" that extends from the public road to the back of the lot (see definition for Lot, Flag).
d. Side Setback: 20 feet, except that the setback shall be 10 feet for preexisting non-conforming uses and/or non-conforming lots.
e. Rear Setback: 10 feet.
E. BUILDING AREA REQUIREMENTS. The minimum living area of a single family residence shall be 1,100 square feet, provided, however, that the Zoning Board of Adjustment may, by special exception, reduce this requirement to 800 square feet for structures which are consistent with or complimentary to the rural character and setting of Wakefield. Dwelling units located in multi-family dwellings shall be a minimum of 850 square feet each.
2.02 RESIDENTIAL II.
A. BOUNDARIES. All lake and pond shorefront property to a depth of 500 feet from the mean high-water mark, except for a small section at the dam end of Lovell Lake which is included in the Sanborville Village zone (see below).
B. PERMITTED USES.
1. Uses permitted by right in the Residential I district.
2. Accessory Use.
3. Essential Town Services.
C. USES ALLOWED BY SPECIAL EXCEPTION.
1. Boat Launch Facility
D. MINIMUM LOT REQUIREMENTS.
1. Area: Same as Residential I.
2. Street Frontage: 150 feet.
3. Street Setback: 20 feet from the edge of the right-of way.
4. Shore Frontage: 150 feet, or 100 feet for lots serviced by a municipal sewer.
5. Shore Front Setback: 30 feet except for boathouses and docks.
6. Side Setback: 20 feet, except that the setback shall be 10 feet for preexisting non-conforming uses and/or non-conforming lots.
7. Rear Setback: A minimum of 10 feet for lots which do not have shore frontage as a rear lot line.
8. For non-waterfront or non-waterfront dwelling units, which are located 250 feet or less from the natural shoreline and which enjoy access to the shoreline or which possess other privileges permitting use of waterfront property, the following requirements shall be met:
a. Minimum frontage of one hundred fifty (150) feet, or 100 feet for lots serviced by a municipal sewer, with sufficient depth to provide for beach area, parking and toilet facilities when required.
9. For non-waterfront lots or non-waterfront dwelling units, which are located greater than 250 feet from the natural shoreline and which enjoy access to the shoreline or which possess other privileges permitting use of waterfront property, the following requirements shall be met:
a. The minimum shoreland frontage shall be thirty five (35) feet for each lot and for each dwelling unit, with sufficient depth to provide for beach area, parking and toilet facilities when required. Under all circumstances, the minimum shoreland frontage shall be seventy (70) feet.
E. BUILDING AREA REQUIREMENTS. The minimum living area of a single family residence shall be 1,100 square feet, provided, however, that the Zoning Board of Adjustment may, by special exception, reduce this requirement to 800 square feet for structures which are consistent with or complimentary to the rural character and setting of Wakefield. Dwelling units located in multi-family dwellings shall be a minimum of 850 square feet each.
F. PERFORMANCE STANDARDS FOR AREAS WITHIN 20 FEET OF LAKE OR POND. These standards are created to ensure that development is compatible with the rural character of the Town, and preservation of the natural resources. These standards will serve to prevent erosion of the shoreline and protection of water resources. Of particular concern is preserving vegetation along the slope of the land near where it comes into contact with a pond or a lake. Any person or entity proposing to conduct any activity within the buffer zone as defined herein shall comply with the requirements of this section:
1. Buffer Zone. For purposes of these Performance Standards, a buffer zone is created to include all land within 20 feet, measured horizontally, of the mean high-water mark of all lakes and ponds.
2. Permit Required. Prior to undertaking any activity within the buffer zone that will result in the removal of live vegetation, stumps, or any placement of any on or offshore structure or other man-made object that will require access into or through the buffer zone, a permit shall be obtained from Wakefield Code Enforcement, to include the following:
a. Removal of live vegetation, unless absolutely necessary to construct allowable structures, beaches or pathways as provided above;
b. Installation of a lawn or garden;
c Application of fertilizers, herbicides or pesticides. or any activity that will allow or reasonably be expected to result in the leaching of fertilizers, herbicides or pesticides into the buffer zone.