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Frequently Asked Questions (FAQ's)

 
 
 
In Francestown, there are two types of home businesses: “In Home Businesses” involve an indoor service, professional office, a product manufactured on premise or the retail sale of products manufactured on the premises. And “Home-based businesses” are businesses - such as contractors, electricians, plumbers, or landscapers - whose primary activity is performed outside the home. Both are permitted uses as long as the business:
 
  • is clearly secondary to the residential use and is conducted entirely within the home or outbuilding
  • has no more than two employees, other than the residents of the property
  • does not change the residential character of the neighborhood
  • does not have an adverse effect on the environment or surrounding properties as a result noise, odors, smoke, dust, lights, soil, water or air pollution, excessive increases in traffic or heavy equipment.
  • has no outside storage of equipment, merchandise, or commercial material
  • provides off-street parking for employees and visitors
  • has parking of no more than one commercial vehicle
  • has only one sign, for identification purposes only, that is no larger than 3 square feet
  • conforms with all applicable federal, state, and local laws and regulations.
 
If you want to have a home business but do not meet the above criteria, you may still be able to do it, there are a number of commercial uses allowed in Francestown by special exception (see use table)   you will need to apply for a special exception from zoning board and site plan review from the planning board.
 
In order to subdivide property in Francestown, you must apply for and obtain subdivision approval from the Planning Board.  The Planning Board will not consider an application without a plan prepared and certified by a licensed surveyor. 
There are a number of complex rules and regulations required for subdivision that a professional surveyor can help you with, but the basic minimum – each lot created by a subdivision must have:
 
  • a minimum of 3 acres,
  • 2 buildable acres, and
  • 300 feet of frontage on a class V (town) or state road
(our zoning also provides for back-lots, which must be a minimum of 10 acres but only require 50’ of frontage – see Zoning Ordinance Article 3, at 3.2).
 
A licensed surveyor will survey your existing property; locate any steep slopes, wetlands, vernal pools, or perennial streams (all things the Planning Board will need to know); and advise you on subdivision options that comply with Francestown’s laws and regulations. The surveyor will prepare a proposed subdivision plat for presentation to the Planning Board.
 
Approved subdivisions must comply with the Francestown Zoning Ordinance and with the Francestown Subdivision Regulations and should follow the guidance of the Francestown Master Plan.
You can start by reading “how do I subdivide” (add link to our subdivision front-end)
Short term rentals like Airbnb and Homeaway may be permitted in single family houses provided they obtain a Special Exception from the ZBA and with Site Plan Approval from the Planning Board under the Bed and Breakfasts provision of the Zoning Ordinance.
There are some restrictions, outlined inArticle VII – section 7.4 of the Zoning Ordinance, which reads:
 
7.4  Bed and Breakfast services may be offered in any existing single family dwelling provided that no more than three sleeping rooms are available for occupancy, that only breakfast meals are offered, that adequate parking is provided on premise, and that water and sewage disposal systems are adequate to accommodate the added load.
 
State law and recent court rulings in NH do not consider Airbnb-type uses to be a “residential use,” which would be permitted.  According to the zoning ordinance, the minimal Rental Periods for accessory dwelling units, or two family and multi-family houses is 30 days.
 
Applications for Special Exception and Site Plan Approval may be obtained from the Town Offices.
Tiny houses are permitted according to the rules for all houses:  there is only one residential structure per lot, there is adequate and properly permitted water and sewer located on the lot, and that the tiny house shall be securely anchored to a permanent foundation. Tiny houses shall comply with the same lot size, setback and other standards required of conventional housing.
Also referred to as an in-law or au-pair apartment, An Accessory Dwelling Unit (ADU) is a residential unit that is within or attached to a single-family dwelling, and that provides independent facilities for one or more persons, including provisions for sleeping, eating, cooking and sanitation, on the same parcel of land as the principle dwelling unit it accompanies.
An ADU in a single-family dwelling is allowed provided that the following conditions are met.
  • There is only one residential structure on the lot, and only one ADU within or attached to that structure. ADU’s are not permitted in detached accessory buildings.
  • The ADU shall be under the same ownership as the principal dwelling unit.
  • The ADU shall not be rented or sublet for periods of less than 30 days.
  • The ADU is no larger than 750 square feet or 40% of the floor area of the principal dwelling unit (whichever is larger).
  • Either the ADU or the principal dwelling unit shall constitute the domicile of the owner of the lot.
  • The sewage disposal system design for the residence, either existing or as it may be modified, shall have been approved by the Town Building Inspector and by the NH Division of Water Supply. 
  • Adequate off-street parking shall be provided
  • An interior door shall be provided between the principle dwelling unit and the ADU.
  • The ADU shall maintain an aesthetic continuity with the principal dwelling unit as a single-family dwelling.
For a full review of the law governing ADUs, see Article III of The Francestown Zoning Ordinance,  Section 3.11 – Accessory Dwelling Units.
In Francestown setbacks are:
Front – 100’ from the center line of the road
Side and rear – 50’ from the property boundary lines
from wetlands and vernal pools– 100’
from perennial streams - 50’
Setback rules apply to all buildings, porches, decks, swimming pools, athletic courts, windmills, satellite dishes, solar collectors and communications antennae
There are a few exceptions:
  • A number of buildings that were built prior to our zoning laws are much closer to the road than the required 100’.  (For example, almost every house in the village.)  Like many uses that were in effect prior to zoning, these structures are “grandfathered” – meaning exempt from a new law or condition.  In our ordinance, we call grandfathered conditions “non-conforming.”  In regard to setbacks, grandfathered or non-conforming structures may be expanded along the existing setback line as long as the expansion does not encroach on another setback line.  In addition, principal buildings on one lot may be constructed in line with structures on an adjacent lot on the same side of the street as long they are within 150 feet.
  • Structures on a back-lots (Article III, 3.2) must be set back at least 400 feet from the center line of the road.
  • Open Space Development setback requirements are outlined in Article V of the zoning ordinance
And some exemptions:
  • ADA improvements, fire escapes, and school bus shelters are exempted
  • Camping tents, party pavilions, sales booths and similar structures erected for less than 90 days are not subject to setbacks
 
Or What District is my property in and how do I determine?
Francestown has two types of districts, two dimensional districts (Village and Rural) and five overlay districts:
The Village District: land located along Rt 47, Main Street, and the 2nd NH Turnpike from the intersection of Pleasant Pond Rd to Potash Road; along Route 136 from the intersection of Old County Road to the bridge in Mill Village, Oak Hill Road to the intersection with Perley Rd, and for 1300 feet along Poor Farm Rd. The district extends 750 feet on each side of the centerline of each road.
Rural District: all Francestown property not located in the Village District
Overlay Districts are located all through the town, wherever the land meets the criteria of the district. 
The five overlay districts are:
  • Wetlands and Vernal Pool Conservation District - includes bogs, swamps, marshes, vernal pools, and any land that supports prevalent wetland vegetation - as determined by a Wetlands Scientist licensed by the State of New Hampshire.
  • Steep Slope District - includes all land with slopes of 15 percent or more. 
  • Flood Plain District - all areas within the Special Flood Hazard area (i.e. 100 year flood plan)
  • Aquifer Protection District - areas included in this district can be found on the Aquifer Map in the Conservations Commission’s Natural Resource Inventory
  • Shoreland District – includes all land within 500 feet of the mean high water level of: Pleasant Pond, Dennison Pond, Shattuck Pond, Haunted Lake, and Pond “B” and all land within 50 feet of most other ponds or perennial streams.
There are specific use restrictions associated with each of the overlay districts.  Overlay districts and the laws governing uses in each district are described in full in Article II of the Zoning Ordinance.  To determine if your property or a portion of your property falls within an overlay district, you will likely need to consult with a wetland scientist, land surveyor, or another land professional.
 
In order to obtain a driveway permit, you will need to submit a completed application, including site sketch and any applicable fees, that shows compliance with the Design Standards, Rules, and Procedures outlined in the Driveway Regulations.
Prior to submitting an application for a Driveway Permit, the applicant shall clearly mark and flag the location of the proposed driveway, as well as the location of the property side boundaries.
 
The Application for a Driveway Permit is included at the end of the the Driveway Regulations – on pages 5 and 6.
 
It depends.  As specified in the Driveway Regulations, #12 “Driveways shall not interrupt the natural or ditch line flow of drainage water. In some cases where shallow ditch lines or natural drainage courses exist, driveways may be swaled at a point beyond the shoulder to accommodate the flow of storm water. In all other cases, driveways shall have sufficiently sized culverts. Culverts shall be installed by the landowner under the supervision and with the approval of the Road Agent/Director of Public Works.
And (#13) if a culvert is required for proper drainage, the culvert shall be a minimum of 15 inches in diameter and shall be HDPE pipe or galvanized, corrugated steel pipe . The culvert shall be long enough to maintain the driveway width dimensions and each end of the culvert shall be marked with a concrete or stone header.
 
  • No driveway shall be constructed within 50 feet of an intersecting street; 100 feet is preferred.
  • A minimum setback of 10 feet from side property lines is preferred.
  • No driveway may be constructed within 100 feet of a great pond or within 50 feet of any pond or stream unless such improvements cannot be physically accommodated anywhere else on the lot. In such cases, a Special Exception from the Zoning Board of Adjustment will be required.
  • No paved driveways shall be constructed within 100 feet of any wetland greater than 3000 sq ft or any vernal pool.
  • A minimum of a 200-foot all-season safe sight distance in each direction shall be required.
 
These are five of the 19 design standards required for driveways and specified in Section IV of the Driveway Regulations.
 
  • If the safe site view distance is obstructed by a neighbor’s tree, only the neighbor can remove the tree.
  • If your driveway planned on a slope greater than 15%, you will need an erosion control plan approved by the Planning Board.
  • Driveways are prohibited on slopes greater than 25%
  • Driveways should not interrupt the natural drainage from the road.
  • Not all existing lots have the “perfect” place for a driveway.  Putting in a suitable driveway can be challenging and the Francestown Road Agent, Gary Paige, is available to answer any questions – The Highway Department can be reached at 603-547-8841.