What it means: Under this amendment, a non-conforming structure located in the Special Flood Hazard Area that does not conform due to dimensional setbacks may be elevated if all of the following conditions are met:

• The structure is being elevated from its foundation, pilings or footings;
• The volume of the structure does not increase;
• The footprint of the structure is not changing unless to become more conforming to current requirements;
• The impervious coverage on the lot does not increase beyond what is existing   excluding any additional stairs or ramp needed to access the structure;
• The structure is located entirely within the boundaries of the subject property and does not encroach onto any abutting properties;
• The structure height does not exceed the maximum that is permitted under Article IV, Section 4.4; and
• The structure is being elevated in accordance with Section 2.4 – FloodplainManagement Ordinance, including that this section shall not be construed as limiting the height of elevation to the minimum requirements of said Ordinance.

Those Opposed Say: The Zoning Board expressed disapproval of this amendment, stating that when a homeowner is planning to elevate a structure, it is a good time to have them come before the Zoning Board to receive input on ways in which the property could be brought into compliance on whatever makes the property “non-conforming” in the first place.  The speaker expressed that there might be no additional cost or little additional cost in conjunction with the elevation process.

The changes incorporated in Article 2 are highlighted at this link.

What it means: The Article seeks to have Hampton comply with recent NH legislative changes regarding parking requirements and parking alternatives which applicants may propose during the development process.

• This amendment is necessary due to recent changes in State law found under RSA 674:16-a (brought forth as HB 1400). NH Towns and Cities are legally obligated to follow these changes. Local regulations cannot require more than 1.5 residential parking spaces per unit for studio and one-bedroom units under 1,000 SF that meet the requirement for workforce housing under RSA 674:58 IV; and cannot require more than 1.5 residential parking spaces per unit for multi-family developments of 10 units or more. Towns can, however, continue to require one guest parking space per eight dwelling units, and that language remains in the ordinance. These requirements are all addressed under Zoning Ordinance Section 6.3.1.

Alternative Parking Solution for Proposed Residential Uses: If a residential development proposes to meet the on-site parking regulations with an alternate solution due to economic reasons, the Planning Board is required to consider that proposal. However, a third-party review can be requested by the Planning Board before deciding whether the parking demand is met.

This item would not apply to residential uses that existed prior to July 1, 2024, nor to residential uses that were established on or after July 1, 2024 if an alternative parking solution was not previously proposed.

The requirements are addressed under a new Zoning Ordinance Section 6.6. A definition is included in the amendment, which also follows the State law.

Those Opposed Say: Two speakers at Deliberative Session were concerned that without accommodations for appropriate parking, the beach area residents will have an even more difficult time not just parking but also getting around while others are circling to find parking. The response was that by RSA, local regulations cannot require more than 1.5 residential parking spaces per unit for multi-family developments of 10 units or more. Any objection would need to be addressed at the state level.

The changes incorporated in Article 3 are highlighted at this link:

What it means: This Article aligns the Zoning Ordinance with a prior action that was taken to eliminate permitting requirements for garage/yard sales.

• The requirement for a permit for a garage sale was removed from the Town Code of Ordinances by the Board of Selectmen in 2020 – permits are no longer required to hold a garage sale. However, the Zoning Ordinance was not previously updated to be consistent with the prior action.
• The new definition and replacement section are necessary to prevent misinterpretation that could result from existing language in the Zoning Ordinance which states that any use not specifically enumerated or defined inthe code is prohibited.

The changes incorporated in Article 4 are highlighted at this link:

What it means: Article 5 will improve the Wetlands Conservation District (WCD) Ordinance by enhancing readability and addressing unclear or unnecessary language, along with other changes.

Substantive Changes:

• Define “Temporary Impacts” and “Permanent Impacts”.
• Outline the conditions under which temporary impacts may be allowed.
• Identify where the application of mulch is prohibited.
• Provide for the use of select fertilizers, pesticides, insecticides, or herbicides in the WCD, under certain conditions, for restoration or vegetation management.
• Establish a 6-year permit life for seawall repairs, if the first repair is completed within 2 years, and allowing in-kind repairs and maintenance to be performed for the life of the permit if the Conservation Coordinator is notified in advance.

The changes incorporated in Article 5 are highlighted at this link.

What it Means: To provide clarity and help address compliance with the NH Workforce Housing Law by formally codifying Workforce Housing and Affordable Housing throughout the Zoning Ordinance. This amendment adds Affordable Housing and Workforce Housing to the zoning districts where residential housing is already allowed. Although the amendment is essentially “housekeeping” (such projects would be allowed today) there is a conflict with the State’s Workforce Housing Law because this is not called out in the Zoning Ordinance. The proposed amendment addresses this by formally codifying that Affordable Housing and Workforce Housing are permitted in all zones that allow residential dwelling units.

The changes incorporated in Article 6 are highlighted at this link.

What it Means: This Amendment allows rear buildings in the Town Center-Historic (TC-H) District to consist entirely of residential dwelling units in certain situations. A new footnote provides the following:  On lots with multiple buildings, any building(s) located entirely to the rear of another roadway facing mixed-use building(s) which provides dwelling units above non-residential uses, may consist entirely of residential dwelling units.

The changes incorporated in Article 7 are highlighted at this link.

What it Means: This Amendment codifies permanent outdoor dining and temporary outdoor dining in the Zoning Ordinance under the existing “restaurant” use (Section 3.25b Restaurants). There is no change for Permanent Outdoor Dining. The use would continue to require Site Plan Review (public hearing), but this would be clearly codified in the Zoning Ordinance as well.

For Temporary Outdoor Dining, Planning Board review (not a public hearing) would be required under a new application process. This is a change from the current temporary transitional outdoor dining process, which only involves staff review. Under this Amendment, these reviews also include Planning Board oversight.

The changes incorporated in Article 8 are highlighted at this link.

What it Means: This Amendment complies with recent NH RSA changes regarding home-based child care, while differentiating the use from non-residential programs.

• This amendment is necessary due to recent changes in State law found under RSA 674:16 VI (brought forth as HB 1567). NH Towns and Cities are legally obligated to follow these changes. Per RSA 674:16 VI, home-based child care shall be allowed as an accessory use to any primary residential use by right or by conditional use permit if all requirements for such programs adopted in rules of the Department of Health and Human Services are met.

The RSA also states that “Family or Group Family Child Care…shall not be subject to local site plan review in any zone where a primary residential use is permitted.” This effectively eliminates any possibility of requiring a conditional use permit because any criteria that would be included would also be typical of site plan review and would not be allowed.  Therefore, Family Child Care and Group Family Child Care are shown as permitted uses in all zoning districts, if operated in a home that is the primary residence of the provider.

• Family Child Care is defined and enumerated in Section 3.40.
• Group Family Child Care is defined and enumerated in Section 3.41.
• A new use titled “Non-Residential Child Care Programs”, which captures everything that is not categorized by the State as home-based child care, has been added as a prohibited use in the residential zones.

Non-Residential Child Care Programs may be permitted with Site Plan Review in the Business, Business Seasonal, Industrial, and General zoning districts.

Question at Deliberative Session: Does child care service now need zoning approval?  It does not, as dictated by the change in the RSA.

The changes incorporated in Article 9 are highlighted at this link.

What it Means: This Article reduces the timeframe of the Certificate of Rental Occupancy from 10 years to 5 years, and makes minor adjustments to avoid inconsistencies. This change aligns with current short-term rental requirements. The Building Department has taken the position that the reduced timeframe is necessary for fire and life safety reasons, including the functionality of smoke and carbon detectors. Other essential safety items can also deteriorate well within the current 10-year timeframe.

The changes incorporated in Article 10 are highlighted at this link.