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Planning Board presses for sharper definition of 'occupied' as it revises camping-unit rules
Summary
The Chesterfield Planning Board debated changes to Ordinance Amendments 207 and 408 that would define and limit use of 'Camping Units' (CUs), agreed to seek the town attorney's feedback on a proposed definition of 'occupied,' and discussed occupancy limits, permit timing, storage rules and compliance with setbacks.
The Chesterfield Planning Board spent the bulk of its July 20 meeting refining proposed amendments to Zoning Ordinance 207 (and the related contingent deletion of Section 408) that would define and regulate "Camping Units"—a category the draft calls CUs and that covers RVs, travel trailers, tents and similar structures.
James Hancock told the Board that a legal definition is needed to avoid ambiguity, citing state guidance: "RSA 48-A:1 describes occupied as 'human habitation,'" he said. Chairman Joe Brodbine proposed the working phrasing "occupied overnight" and agreed to "send a proposed definition for 'occupied' to the Town's attorney for feedback." The Board instructed staff to craft a proposed definition and return with attorney input.
Board members debated several specific restrictions in the draft. The current text under consideration would require a permit for CUs "occupied or planned to be occupied for more than 7 consecutive days" and would subject longer or intermittent use to a 90-day cap within any 365-day period. The draft includes a construction exception allowing up to 180 consecutive days of occupancy with a permit that must be obtained within seven days; that permit may be extended twice for 90-day increments or until the dwelling's building permit is closed.
Members also agreed to preserve a ban on commercial lodging: the draft language forbids Airbnb- or rental-style uses and limits occupancy to the property owner’s family and guests. The Board discussed B(5)'s restriction on vehicles or structures "not suited or converted for overnight occupancy" and concluded that a clear definition of "occupied" would reduce ambiguity about conversions.
Hancock raised a setback concern for movable structures and the Board adopted explicit language requiring that "the owner and/or occupant of a CU shall comply with all requirements, including setbacks and requirements of the Zoning and Building Ordinances" in the district where the structure is located. The Board also removed a separate C(2) storage restriction and revised storage text so that "A CU may be stored unoccupied on its owner's property or a property that is rented or leased to the owner of the CU." The draft defines a CU as "occupied" when it "is in use or [is] connected to utilities other than electricity."
The Board noted that Section 408 would be deleted at the March 2027 Town Meeting only if Amendment #207.7 is enacted; if #207.7 fails, #408 would remain in effect. Members also agreed to remove a citation referencing RSA 674.31 from the draft CU definition. No formal vote on adopting the ordinance text occurred at this meeting; Board members assigned drafting and legal review tasks and will return this item for further review after attorney feedback.
