(a)

Generally. Land shall be subdivided, buildings or structures shall be constructed, and uses shall be established only in conformance with the dimensional and design standards set forth hereinafter in this Section, except as otherwise provided in this Article, in Article 28-5, Supplemental Standards, and in Article 28-8, Nonconforming Lots, Uses, and Structures, of this ordinance. The dimensional and design standards contained elsewhere in this article and in Article 28-5 shall supersede the standards in this Section only for those uses so specified and under the circumstances so specified.

(b)

Minimum Lot Size. No buildings or structures shall be constructed and no use shall be established on a lot having less total area and less buildable land area than the minimum amounts indicated in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance. Where a lot is not served by a municipal sewer system and an on-site subsurface disposal system is required, the lot size shall not be less than the larger of either the area required by the New Hampshire Department of Environmental Services (NHDES)-Water Division (WD), or the minimum lot size specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance.

(c)

Minimum Lot Frontage. No buildings or structures shall be constructed, and no use shall be established, on a lot having less frontage than the minimum dimension indicated in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance. Minimum lot frontage shall be a continuous, unbroken line along one street. The minimum lot frontage dimension must be maintained within the lot as a minimum lot width to a depth of fifty (50) feet from the front lot line. In the case of lots fronting on a cul-de-sac, or fronting on a street in an arc of a curve with a radius of three hundred (300) feet or less, the minimum frontage may be reduced to fifty (50) feet, provided that the required minimum frontage dimension for the applicable district is observed as the minimum lot width at the required front yard setback line.

(d)

Minimum Yard Requirements. No principal buildings or structures shall be constructed on any portion of a lot that lies within a minimum required front, rear, or side yard, the dimensions of which are indicated in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance. Projections into required yards, including balconies, bay windows, open terraces, attached decks, steps, stoops, window sills, eaves, chimneys, and fire escapes are permitted to the extent that the projection does not exceed two (2) feet.

(1)

Front Yard. The minimum front yard within a lot shall be that portion of the lot between the front lot line and a line parallel to the front lot line at a distance from said front lot line as specified in Section 28-4-1(h). Where a lot is a corner lot or otherwise has multiple street frontages, front yard dimensions shall be observed adjacent to all such frontages, and side yard dimensions shall be observed adjacent to all other lot lines.

(2)

Rear Yard. The minimum rear yard within a lot shall be that portion of the lot between the rear lot line and a line parallel to the rear lot line at a distance from said rear lot line as specified in Section 28-4-1(h).

(3)

Side Yard. The minimum side yards within a lot shall be those portions of a lot between side lot lines and lines parallel to the side lot lines at a distance from said side lot lines as specified in Section 28-4-1(h).

(e)

Maximum Lot Coverage. No buildings, structures, or impervious surfaces or combination thereof shall be constructed on a lot such that the area of the lot covered by buildings, structures, and impervious surfaces, when calculated as a percentage of the total lot area, shall exceed the percentage as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance. Solar collection systems shall be exempt from the lot coverage standards as defined in this Section but subject to Solar Land Coverage requirements as defined in Section 28-5-53. Buildings for building mount solar collection systems or those constructed to house equipment shall not be excluded from the maximum lot coverage calculation.

(f)

Maximum Height of Buildings or Structures. Except as otherwise specified herein, no buildings or structures shall be constructed in excess of the maximum height as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance. The height of buildings and structures is further subject to the following provisions:

(1)

The height of a building or structure shall be determined by measuring the vertical distance between the average ground level around the perimeter of the building or structure, and either the highest point of the roof beam of a flat roof, the mean level of the highest gable of a sloping roof, or the highest point on a structure.

(2)

No building or structure shall be constructed so as to penetrate the approach surfaces to runways as displayed on the official airport approach plan for the Concord Airport as adopted pursuant to RSA 424:3, Preparation of Airport-Approach Plans, by the New Hampshire Department of Transportation in March 1996, a copy of which is on file in the office of the Code Administrator.

(3)

Appurtenant structures or building features not designed for human occupancy or commercial identification, including but not limited to spires, steeples, cupolas, domes, parapet walls, chimneys, or smokestacks, may exceed the maximum height restrictions as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance upon the granting of a conditional use permit pursuant to Section 28-9-4(b), Conditional Use Permits, of this ordinance, and approval in accordance with Section 28-9-4(f), Architectural Design Review, of this ordinance. An applicant for a conditional use permit shall provide adequate documentation in order or the Planning Board to make a finding that the proposed additional height of the appurtenant structure meets the following conditions:

a.

Utilitarian structures, such as chimneys and smokestacks, shall exceed the height limit only to the minimum extent necessary to accomplish their function;

b.

The materials and colors of utilitarian structures shall minimize the visual contrast of the structure with its surroundings;

c.

Decorative or ornamental structures, such as steeples and cupolas, shall be architecturally integrated, in terms of colors and materials, with the primary building or structure to which they are appurtenant;

d.

All appurtenant structures shall be designed to minimize shadow impacts and impacts to solar access to public parks and open space, and on adjacent buildings and properties;

e.

Any adverse visual impacts of the height and appearance of an appurtenant structure shall be minimized where the structure is to be located within a scenic vista or a natural or pastoral view; and

f.

The design of an appurtenant structure shall respect the surrounding vernacular architecture and views of the State House Dome and the City's skyline.

In issuing a conditional use permit, the Planning Board may attach conditions to the permit including but not limited to requirements related to location, mass, height, color, and materials of the appurtenant structure.

(4)

The height limits for signs shall be in accordance with the requirements of Article 28-6, Sign Regulations, of this ordinance.

(5)

The height limits for telecommunications towers shall be in accordance with the requirements of Section 28-5-23, Wireless Telecommunications Equipment, of this ordinance.

(6)

The height limit for flagpoles shall conform to the maximum height restrictions as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance.

(7)

In the Industrial (IN) District, the height of a building or structure may exceed the maximum limit, as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance, by an additional ten (10) feet provided that all minimum required yard dimensions as specified in Section 28-4-1(h) shall be increased two (2) feet for each foot of height that the building or structure extends above the maximum height limit as specified said Section 28-4-1(h) for the IN District.

(g)

Applicability to Performance Districts.

(1)

Where a subdivision of a tract is proposed in the Office Park (OFP) Performance, Gateway Performance (GWP) or Opportunity Corridor Performance (OFP) Districts, a Comprehensive Development Plan (CDP) must be prepared in accordance with the requirements of Section 28-9-4, Decisions by the Planning Board, of this ordinance. The CDP must be approved by the Planning Board prior to the granting of any other subdivision or site plan approvals for development of said tract. The standards specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance, shall apply to the tract for which the CDP is prepared but not to any lots proposed within the CDP to be created from that tract, as long as the combined dimensional features of the lots so created, when taken in the aggregate, remain in compliance with the dimensional standards of this ordinance and the approved CDP.

(2)

Within the Central Business and Opportunity Corridor Performance Districts, a building, structure, or sign shall not obstruct the views of the State House Dome as can be seen from a passenger vehicle in the northbound lanes of Interstate 93 between Exit 12 at South Main Street and Exit 14 at Loudon Road, in the southbound lanes of Interstate 93 between the bridge over the Merrimack River south of Exit 16 and Exit 14 at Loudon Road, and in the westbound lanes of Interstate 393 between Exit 1 at Fort Eddy Road and the interchange of Interstates 93 and 393, unless a Conditional Use Permit has been approved by the Planning Board for any obstruction pursuant to Section 28-9-4(b), Conditional Use Permits, of this ordinance, and Architectural Design Review has been approved in accordance with Section 28-9-4(f) of this ordinance. An applicant for a conditional use permit shall provide adequate technical evaluations and other documentation, including scaled architectural renderings and photographic simulations demonstrating the extent of the proposed obstruction from multiple vantage points within the aforementioned Interstate 93 and Interstate 393 viewsheds, in order for the Planning Board to make a finding that the proposed obstruction meets the following conditions:

a.

Buildings or structures shall only obstruct the view of the State House Dome to the minimum extent necessary to accomplish the development program as approved by the Planning Board;

b.

The design of buildings or structures which obstruct the view of the State House Dome shall provide a positive contribution to the architectural character of the Downtown Central Business District and Opportunity Corridor, as well as to the visual image of the City's skyline as determined by the Planning Board;

c.

The design of buildings or structures within the Central Business Performance District which obstruct the view of the State House Dome shall be built to incorporate recommendations set forth in the Architectural Design Guidelines and the Main Street Design Guide, as adopted and amended. Unless otherwise approved by the Planning Board in conjunction with the Planning Board's conditional use permit approval, buildings and structures shall conform with Article 28-5-48(g)(2)g. of this Ordinance.

d.

Unless otherwise approved by the Planning Board in conjunction with a conditional use permit, the design of buildings or structures within the Opportunity Corridor Performance District which obstruct the view of the State House Dome, and for which a Conditional Use Permit has been granted to exceed the maximum height limitation in accordance with Article 28-4-1(g)(5), each story of a building for which the floor level is at an elevation of more than sixty-five (65) feet above street level, the front, side, and rear walls of those stories shall be set back ten (10) feet from the exterior wall of those portions of the building located below sixty-five (65) feet; and

e.

Buildings or structures which obstruct the view of the State House Dome shall achieve one of the following public benefits for the community:

i.

Results in the use or reuse of real estate which will enhance the vitality or vibrancy of the Downtown Central Business District or Opportunity Corridor to an extent greater than that could otherwise be achieved if the view of the Dome was not obstructed; or,

ii.

Results in the removal of slums, or blight, or the cleanup and redevelopment of a property contaminated with hazardous materials (i.e. brownfield site), or results in an economically viable redevelopment of an underutilized property or building which could not otherwise be achieved if the view of the State House Dome was not obstructed; or

iii.

Expands the supply of housing units within the Downtown Central Business District or Opportunity Corridor by at least ten (10) dwelling units.

In issuing a conditional use permit, the Planning Board may, upon its consideration of applicable design review guidelines, including the Architectural Design Guidelines and the Main Street Design Guide as adopted and amended, attach conditions to the permit including but not limited to requirements related to location, size, scale, mass, height, color, materials, and other architectural design details of a building or structure which will obstruct the State House Dome.

(3)

Where a single-family dwelling is permitted in a Performance District, the lot size and frontage shall be as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance, for a single-family dwelling in a Downtown Residential (RD) District.

(4)

Within the Opportunity Corridor Performance (OCP) District, the development of all tracts shall be subject to a minimum floor area ratio of three-tenths (0.3).

(5)

Buildings or structures within that portion of the Opportunity Corridor Performance (OCP) District, which lies easterly of Storrs Street between Loudon Road and an easterly extension of Hills Avenue, may exceed the maximum height restrictions as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance upon the granting of a conditional use permit pursuant to Section 28-9-4(b), Conditional Use Permits, of this ordinance, and Architectural Design Review has been approved in accordance with Section 28-9-4(f) of this ordinance. An applicant for a conditional use permit shall provide adequate technical evaluations and other documentation in order for the Planning Board to make a finding that the proposed additional height of the building or structure meets the following conditions:

a.

Buildings or structures shall exceed the height limit only to the minimum extent necessary to accomplish the development program as approved by the Planning Board, and in no case shall any building or structure exceed of a height of eighty (80) feet;

b.

Buildings or structures which exceed the height limit shall be designed to minimize shadow impacts and impacts to solar access to public parks and open space, and on adjacent buildings and properties, to the extent feasible to accomplish the development program as approved by the Planning Board;

c.

The design of buildings or structures which exceed the height limit shall respect the surrounding vernacular architecture and make a positive contribution to the architectural character of the City's skyline as determined by the Planning Board. Additionally, the design of buildings and structures which exceed the height limit shall respect the view of the State House Dome unless a conditional use permit to obstruct the view of the State House Dome has otherwise been approved by the Planning Board in accordance with Article 28-4-1(g)(2);

d.

Buildings or structures which exceed the height limit shall be designed to minimize impacts to views of the Merrimack River valley from the Central Business Performance (CBP) District, to the extent feasible to accomplish the development program as approved by the Planning Board;

e.

That the applicant has demonstrated to the satisfaction of the City Engineer that buildings or structures exceeding the height limit shall have adequate potable water pressure for fire suppression and domestic use; and

f.

Unless otherwise approved by the Planning Board in conjunction with a conditional use permit, the design of buildings or structures shall ensure that each story of a building or structure for which the floor level is at an elevation of more than sixty-five (65) feet above street level, that the front, side, and rear walls of those stories shall be set back ten (10) feet from the exterior wall of those portions of the building or structure located below sixty-five (65) feet of elevation.

In issuing a conditional use permit, the Planning Board may, upon its consideration of applicable design review guidelines, including the Architectural Design Guidelines and the Main Street Design Guide as adopted and amended, attach conditions to the permit including but not limited to requirements related to location, size, scale, mass, height, color, materials, and other architectural details of a building or structure which will exceed the height limit.

(6)

Buildings or structures within that portion of the Central Business Performance (CBP) District which lies westerly of Storrs Street and easterly of State Street may exceed the maximum height restrictions as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance upon the granting of a conditional use permit pursuant to Section 28-9-4(b), Conditional Use Permits, of this ordinance, and Architectural Design Review approval in accordance with Section 28-9-4(f) of this ordinance. An applicant for a conditional use permit shall provide adequate technical evaluations and other documentation in order for the Planning Board to make a finding that the proposed additional height of the building or structure meets the following conditions:

a.

Buildings or structures shall exceed the height limit only to the minimum extent necessary to accomplish the development program as approved by the Planning Board, and in no case shall any building or structure exceed a height of ninety (90) feet from average grade as calculated in Section 28-4-1(f);

b.

Notwithstanding subsection "a" above, no building or structure shall exceed a height of ninety (90) feet from the elevation of South Main Street if located, or proposed to be located, in the Central Business Performance District westerly of South Main Street, between Pleasant Street and Concord Street;

c.

Buildings or structures which exceed the height limit shall be designed to minimize shadow impacts and impacts to solar access to public parks and open space, and on adjacent buildings and properties, to the extent feasible to accomplish the development program as approved by the Planning Board;

d.

The design of buildings or structures which exceed the height limit shall respect the surrounding vernacular architecture and make a positive contribution to the architectural character of the City's skyline as determined by the Planning Board. Additionally, the design of buildings and structures which exceed the height limit shall respect the view of the State House Dome unless a conditional use permit to obstruct the view of the State House Dome has otherwise been approved by the Planning Board in accordance with Article 28-4-1(g)(2);

e.

Unless otherwise approved by the Planning Board in conjunction with a conditional use permit, the design of buildings or structures which exceed the height limit shall be built to conform with Article 28-5-48(g)(2)g. of this Ordinance;

f.

That the applicant has demonstrated to the satisfaction of the City Engineer that buildings or structures exceeding the height limit shall have adequate potable water pressure for fire suppression and domestic use;

g.

That the applicant has demonstrated to the satisfaction of the Fire Chief that buildings or structures exceeding the height limit can be served by the City's tower ladder fire apparatus;

h.

That the buildings or structures which exceed the height limit shall be directly adjacent to at least one building or structure that is three (3) stories or more in height located on the same side of the street as the subject property for which the conditional use permit has been applied;

i.

That the buildings or structures which exceed the height limit shall not be located at properties that have more than fifteen (15) feet of frontage on North State Street or South State Street, or be in those portions of the Central Business Performance District located westerly of North State Street;

j.

Buildings or structures which exceed the maximum height limit shall achieve one of the following public benefits for the community:

i.

Results in the use or reuse of real estate which will enhance the vitality or vibrancy of the Downtown Central Business District to an extent greater than what would otherwise be achieved within the maximum height limitation; or,

ii.

Results in the removal of slums, or blight, or the cleanup and redevelopment of a property contaminated with hazardous materials (i.e. brownfield site), or results in the economically viable redevelopment of an underutilized property which could not otherwise be achieved; or

iii.

Expands the supply of housing units within the Downtown Central Business District by at least ten (10) dwelling units.

k.

For applications involving the demolition and replacement of existing structures, that the applicant has sufficiently demonstrated, and the Planning Board has determined:

i.

The existing building or structure is not a viable candidate for preservation, rehabilitation, and adaptive reuse due to the building's or structure's condition, characteristics, or other circumstances;

ii.

The demolition of the existing building or structure will not result in a significant adverse impact on the historical, cultural, or architectural resources in the community. The Planning Board may require the Applicant provide to the Planning Board, at the Applicant's expense, reports, documents, or evaluations of the subject property prepared by one or more qualified professional(s) selected by the Applicant, or other parties acceptable to the Planning Board, to assist the Planning Board with its review of the Applicant's project and evaluation of its potential impacts upon historic, cultural and architectural resources;

iii.

The replacement building or structure will achieve all of the following public benefits:

1.

Results in the use or reuse of real estate which will enhance the vitality or vibrancy of the Downtown Central Business District to an extent greater than what would otherwise be achieved within the maximum height limitation, and if the existing building was otherwise preserved and renovated; and,

2.

The vitality or vibrancy resulting from the replacement building or structure will be to a greater degree than if the existing building or structure was otherwise preserved and renovated; and,

3.

Results in the removal of slums, or blight, or the cleanup and redevelopment of a property contaminated with hazardous materials (i.e. brownfield site), or results in the viable redevelopment of an underutilized property which could not otherwise be achieved if the existing building was otherwise preserved; and,

4.

Expands the supply of housing units within the Downtown Central Business District by at least ten (10) additional units.

iv.

That the existing building or structure is not a viable candidate for preservation and adaptive reuse due to the building or structure's condition, characteristics, or circumstances.

In issuing a conditional use permit, the Planning Board may, upon its consideration of applicable design review guidelines, including the Architectural Design Guidelines and the Main Street Design Guide as adopted and amended, attach conditions to the permit including, but not limited to requirements related to location, size, scale, mass, height, color, materials, and other architectural details of a building or structure which will exceed the height limit.

(h)

Table of Dimensional Regulations. In the base Districts as established in Article 28-2, Zoning Districts and Allowable Uses, of this ordinance, buildings, structures, or impervious surfaces shall not be constructed except in conformance with the standards set forth in the following Table of Dimensional Regulations, subject to all other provisions and standards of this ordinance, and other local, State, and federal laws, rules, and regulations.

(Ord. No. 2842, § VI, 8-8-11; Ord. No. 2872, § I, 3-12-12; Ord. No. 3051, § IV, 10-15-19; Ord. No. 3055, § III, 11-12-19; Ord. No. 3168, §§ II, III, 8-12-24; Ord. No. 3175, § I, 1-13-25)

(a)

Purpose. These buffer requirements are intended to mitigate the impacts of light, noise, odor, vibration, and visual blight from nonresidential development in nonresidential districts on adjacent residential districts. These requirements are intended to preserve, protect, and restore the quality of life and property values for residential neighborhoods which share a boundary with a nonresidential district. The requirements of this Section shall be incumbent upon both residential and nonresidential uses on both sides of the boundary between residential and nonresidential districts.

(b)

Buffer Width Standards.

(1)

In nonresidential districts, nonresidential uses on lots which directly abut a residential district boundary or that are located on lots through which a residential district boundary passes, shall provide on the premises within the nonresidential district a buffer that is immediately adjacent to the residential district boundary, in accordance with the width standards contained in the following table. Where the abutting residential district is the Open Space Residential (RO) District, and the adjacent lots in the RO District are undeveloped and less than half of the area of the lots is comprised of buildable land area, no buffers are required in the adjacent nonresidential district.

(2)

Any use in a residential district on a lot which directly abuts a nonresidential district boundary, or that is located on a lot through which a nonresidential district boundary passes, shall provide on the premises within the residential district a buffer that is immediately adjacent to the nonresidential district boundary, in accordance with the width standards contained in the following table.

(3)

Where the use abutting a boundary between a residential district and a nonresidential district is a development of attached and multifamily dwellings, a manufactured housing park, a cluster development, or a PUD, in lieu of the standards contained in this Section, such use shall meet the applicable perimeter buffer standard contained respectively in Section 28-4-5, Development of Attached and Multifamily Dwellings; Section 28-4-6, Manufactured Housing Parks and Subdivisions; Section 28-4-7, Cluster Development; or Section 28-4-8, Planned Unit Development (PUD).

(4)

When a property owner of a lot transected by a zoning boundary exercises the option available under Section 28-2-3(e) to extend the district regulations applicable to the larger portion of the lot into the smaller portion of the lot which is in the adjoining zoning district, the buffer shall be located immediately adjacent to the line which is at the limit of the regulations as extended.

(c)

Increased Yard Setback Standards. In nonresidential districts, nonresidential uses on lots which directly abut a residential district boundary, or that are located on lots through which a residential district boundary passes, shall adhere to increased yard setbacks, in accordance with the standards contained in the following table. Where the lot in a nonresidential district has an average ground elevation of ten (10) or more feet above the average ground elevation of the adjacent lot in a residential district, structures of more than twenty (20) feet in height that are placed on the lot in the nonresidential district shall adhere to minimum yard setbacks that are twice as wide as the dimension required for the nonresidential district as indicated in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance. Where the abutting residential district is the Open Space Residential (RO) District, and the adjacent lots in the RO District are undeveloped and less than half of the area of the lots is comprised of buildable land area, no increased yard setbacks are required in the adjacent nonresidential district.

(d)

Buffer Landscape and Improvement Standards. The buffer is intended to be landscaped and improved in order to provide effective visual screening on a year-round basis for uses in residential districts at a boundary with a nonresidential district. Buffers shall employ existing vegetation, or nursery stock, or both, as well as fences, walls, earth berms, or grade changes, in accordance with the standards contained herein. These standards are intended to create a dense or opaque screen for the first six (6) feet above the ground elevation of the residential district immediately adjacent to the district boundary, and a semi-opaque screen from the sixth (6) to thirtieth (30) foot above that ground elevation. Every buffer shall comply with one of the following options:

(1)

Buffer Option 1. The buffer shall contain a mixture of evergreen and deciduous trees and shrubs in accordance with the following standards governing the size and distribution of landscape materials:

a.

The mixture of evergreen and deciduous trees shall be such that no more than sixty (60) percent of the trees are deciduous and no less than forty (40) percent of the trees are evergreens, and there is one tree for every four hundred (400) square feet of required buffer. At the time of planting, deciduous trees shall be at least twelve (12) feet in height and have a trunk diameter of two and one-half (2½) inches, and evergreen trees shall be at least eight (8) feet in height. All trees shall be of a species that will attain a mature height of at least thirty (30) feet. Trees shall be planted no further than forty (40) feet apart.

b.

The mixture of evergreen and deciduous shrubs shall be such that no more than forty (40) percent of the shrubs are deciduous and no less than sixty (60) percent of the shrubs are evergreens, and there is one shrub for every forty (40) square feet of required buffer. Shrubs shall be at least four (4) feet in height at the time of planting, and all shrubs shall be of a species that will attain a mature height of at least six (6) feet and width of at least four (4) feet within five (5) years of the time of planting. Shrubs shall be planted no further apart than five (5) feet in staggered rows such that a dense visual screen will be established by the mature shrubs.

(2)

Buffer Option 2. The buffer shall contain existing vegetation, consisting of trees and shrubs, that shall meet the minimum standards of Section 28-4-2(d)(1), Buffer Option 1, of this ordinance. Where the existing vegetation fails to meet those standards, new landscape materials may be added to supplement the existing vegetation in order to comply with the number, size, and distribution standards. Where the number of existing trees of qualified size exceeds the minimum number, the number of required shrubs shall be reduced by a factor of two (2) shrubs for each additional qualified tree.

(3)

Buffer Option 3. The buffer shall contain a mixture of evergreen and deciduous trees together with a fence or wall. The buffer shall meet the minimum standards governing the number, size and distribution of trees as contained in Section 28-4-2(d)(1), Buffer Option 1, of this ordinance. The required fence or wall shall be solid or opaque, at least six (6) feet in height, and shall be installed parallel to, and for the entire length of the district boundary. Where a buffer containing a fence in accordance with this buffer option has been established on one side of a residential district boundary, this option shall not be used to fulfill the buffer requirements on the side of the district boundary which is directly opposite such a fence or wall.

(4)

Buffer Option 4. The buffer shall contain a mixture of evergreen and deciduous trees and shrubs together with an earth berm. The buffer shall meet the minimum standards governing the number, size and distribution of trees as contained in Section 28-4-2(d)(1), Buffer Option 1, of this ordinance. An earth berm shall be installed with the highest point being at least two (2) feet and no more than six (6) feet above existing grade. Side slopes of the earth berm shall not exceed a grade steeper than three (3) feet horizontally for each one foot of vertical change, and retaining walls may be used to truncate the side slopes. Earth berms shall be seeded with grass or wild flower seed mix. For buffers with berms that are six (6) feet above grade, no shrub plantings are required. For buffers with berms that are less than six (6) feet above grade, shrubs shall be provided in accordance with the requirements of Section 28-4-2(d)(1), Buffer Option 1, of this ordinance, except that the required height of the shrubs may be reduced such that the height of the berm plus the height of the shrubs is equal to six (6) feet, provided that no shrub may be less than one and one-half (1½) feet in height. In the event that buffers on both sides of a district boundary are developed simultaneously, an earth berm may be positioned in part or in whole over the district boundary.

(5)

Buffer Option 5. The buffer shall contain a mixture of evergreen and deciduous trees together with a change in grade. The buffer shall meet the minimum standards governing the number, size and distribution of trees as contained in Section 28-4-2(d)(1), Buffer Option 1, of this ordinance. To be considered as part of this buffer option, the change in grade shall be at least four (4) feet above existing grade on the other side of the district boundary, and the change in grade shall occur within the width of the buffer. For buffers with a change in grade that is at least six (6) feet above grade, no shrubs are required. For buffers with a change in grade that is less than six (6) feet above grade, shrubs shall be provided in accordance with the requirements of Section 28-4-2(d)(1), Buffer Option 1, of this ordinance, except that the required height of the shrubs may be reduced such that the height of the berm plus the height of the shrubs is equal to six (6) feet, provided that no shrub may be less than one and one-half (1½) feet in height.

(e)

Buffers for District Boundaries in Collector or Local Streets. Where a boundary between a non-residential district and a residential district is located within or along the edge of a right-of-way of a collector or local street, a nonresidential use in the nonresidential district which fronts on such a street shall incorporate a fifteen (15) foot wide buffer in the front yard along the front lot line adjacent to the edge of the right-of-way. This buffer may vary between ten (10) to twenty (20) feet in width, provided that an average width of fifteen (15) feet is maintained along the entire front lot line, and it shall meet the landscaping requirements of Section 28-7-10(d), Landscape Material Standards, of this ordinance.

(f)

Buffer Use Restrictions. Buildings, impervious surfaces, and parking, as well as the storage and display of vehicles, goods, and materials, are prohibited within the buffers required pursuant to this Section.

(g)

Maintenance of Buffers. All required buffers shall be adequately maintained by the replacement of plantings, and the repair or replacement of fences and walls, such that compliance is always maintained with the minimum buffer landscape and improvement standards of this Section.

(h)

Screening and Orientation of Mechanical Equipment. For nonresidential uses on lots which directly abut a residential district boundary, all appurtenant mechanical equipment including heating, ventilating, and air conditioning equipment, as well as exhaust fans and vents, shall be visually screened from adjacent residential districts. Noise and odors emanating from the equipment, fans, and vents shall be directed away from residential district boundaries by means of location of the equipment on the building or through the installation of baffles or deflectors.

(i)

Illumination of Buildings. Lighting fixtures used to illuminate a building on a lot which directly abuts a residential district boundary, or on a lot through which a residential district boundary passes, shall be designed to minimize glare and sky-glow, and to direct the light away from adjacent properties and away from traffic on adjacent streets. Lighting shall be designed to limit any increase in off-site illumination to a maximum of two-tenths (0.2) of a footcandle as measured at the side and rear lot lines.

(j)

Other Standards Related to Lighting, Screening, and Setbacks. Other performance standards relative to the mitigation of impacts of light, noise, odor, vibration, and visual blight on residential neighborhoods are found in other sections of this ordinance, as follows: Parking lot lighting standards are contained in Section 28-7-7(j), Illumination of Parking Areas; setbacks for, and the screening of, loading areas are addressed in Section 28-7-13(e), Setbacks, and Section 28-7-13(f), Screening; and setbacks for, and the screening of, refuse container loading areas are addressed in Section 28-7-14(d), Setbacks, and Section 28-7-14(e), Screening. Section 28-5-37, Outside Storage of Materials and Inventory, addresses setbacks and screening requirements for outside storage, and Section 28-6-9(c), Permitted Freestanding Signs, contains setback requirements for such signs.

(k)

Implementation of the Buffer Requirements. Where lots abutting a residential district boundary have been previously developed, the standards and requirements of this Section shall be implemented at such time as a change in use classification occurs, or an existing use is expanded or intensified in such a manner that there is an increase in the parking demand based on the standards contained in Article 28-7, Access, Circulation, Parking and Loading Requirements, of this ordinance.

(l)

Conditional Use Permits Required for Certain Buffers. The Planning Board may grant conditional use permits in accordance with the requirements of Section 28-9-4(b), Conditional Use Permits, of this ordinance, for alternative buffer arrangements where certain specific requirements of this Section can not be met, as follows:

(1)

Where the location of existing buildings precludes compliance with the buffer width and yard setback standards, the Planning Board may allow a buffer that provides the maximum separation and screening possible given the location of such buildings. In granting a conditional use permit, the Board may require the buffer to be wider where not obstructed by buildings, or require additional fencing or walls, or require additional or larger landscape materials; and

(2)

Where the land for a required buffer is encumbered by an easement, covenant, or other recorded legal instrument that prohibits or disallows thereon the planting and maintaining of trees and shrubs, or limits tree growth to less than twenty (20) feet in height, such land shall not be deemed to fulfill the requirements of this Section. The Planning Board may grant a conditional use permit that will allow an alternate buffer location which will provide the maximum screening possible taking in to consideration any use of the easement that is incompatible with the intent of this Section. In granting a conditional use permit, the Board may require additional fencing or walls, or require additional or larger landscape materials.

(Ord. No. 2751, § II, 5-11-09; Ord. No. 2842, § IX, 8-88-11; Ord. No. 2851, § III, 10-11-11)

(a)

Buffers Established.

(1)

Buffers are hereby established around and encircling all wetlands other than those that are smaller than three thousand (3,000) square feet or those that were created as sedimentation/detention basins, agricultural/irrigation ponds, or roadside drainage ditches.

(2)

The minimum width of the wetland buffers shall be fifty (50) feet horizontal distance as measured outward from the perimeter edge of the wetland. Wherever a permit to fill a wetland has been issued by either the New Hampshire Department of Environmental Services (NHDES) or the U.S. Army Corps of Engineers (USACOE), the perimeter of the wetland shall be deemed to be the new edge between the fill as placed in accordance with the permit and the remaining wetland. All other wetland edges shall be determined by a wetland scientist using a methodology consistent with N.H. Administrative Rules Wt 100-800, and in accordance with the "Corps of Engineers Wetlands Delineation Manual" (1987), and the "Field Indicators for Identifying Hydric Soils in New England" (New England Interstate Water Pollution Control Commission [NEIWPCC], 1998).

(3)

Certain marshes and open water wetlands may be subject to additional buffer requirements in accordance with Section 28-3-3, Shoreland Protection (SP) District, of this ordinance.

(b)

Natural Conditions to be Maintained Within Buffers. Unless allowed pursuant to a state or federal permit, or a conditional use permit granted under the terms of this Section, every wetland buffer, and all existing vegetation contained therein, shall be retained and maintained in its natural condition. Where wetland buffer disturbance is allowed pursuant to a state or federal permit, or a conditional use permit, revegetation of the disturbed area with native species is required.

(c)

Certain Uses Prohibited in Buffers. The following uses and activities are prohibited within a wetland buffer:

(1)

The erection or construction of a building or structure, or the construction of parking lots or loading areas, except where otherwise allowed by a state or federal permit and the granting of a conditional use permit pursuant to Section 28-4-3(d), Conditional Use Permits Required for Certain Disturbance of Buffers, of this ordinance;

(2)

The establishment or expansion of salt storage, junk yards, resource recovery facilities, transfer stations, landfills, or solid or hazardous waste facilities;

(3)

The bulk storage of chemicals, petroleum products, or toxic and hazardous materials;

(4)

The dumping or disposal of snow and ice collected from roadways and parking lots;

(5)

New agricultural operations pursuant to Section 28-2-4(j), Table of Principal Uses, of this ordinance;

(6)

Timber harvesting, except as conducted in accordance with the terms and provisions of RSA 227-J, Timber Harvesting; and

(7)

The removal of vegetation, the recontouring or grading of the land, or the placement of impervious surfaces except as may otherwise be allowed by a state or federal permit and the granting of a conditional use permit pursuant to Section 28-4-2(d) of this ordinance.

(d)

Conditional Use Permits Required for Certain Disturbance of Wetland Buffers. The Planning Board may grant a conditional use permit allowing the disturbance of a buffer in conjunction with construction or installation of roads, utilities, and drainage improvements and other uses which require the placement of impervious surfaces, and the draining, dredging, filling, recontouring, or grading of the land within the buffer. In granting a permit, the Planning Board may attach conditions to the permit including, but not limited to, requirements for more extensive buffers, additional plantings in areas to be revegetated, and a reduction in the extent of impervious surfaces within the buffer. In addition to the requirements of Section 28-9-4(b), Conditional Use Permits, of this ordinance, an applicant for a permit shall provide adequate documentation in order for the Planning Board to make a finding that the proposed disturbance of the buffer meets the following conditions:

(1)

The disturbance of the buffer is necessary to the establishment of an allowable principal or accessory use on the buildable land area of the lot;

(2)

The proposed disturbance to the buffer cannot practicably be located otherwise on the lot to eliminate or reduce the impact to the buffer and represents the minimum extent of disturbance necessary to achieve the reasonable use of those portions of the lot consisting of buildable land;

(3)

The proposed disturbance to the buffer minimizes the environmental impact to the abutting wetland, and to downstream property and hydrologically connected water and wetland resources;

(4)

Where applicable, wetland permit(s) have been received or are obtained from the NHDES and USACOE; and

(5)

Where applicable, permits or proof of compliance with all other state and/or federal regulations have been received or are obtained.

(e)

Subsurface Disposal Systems Adjacent to a Wetland. A permit for the installation of a subsurface disposal system, or the a replacement of an existing subsurface disposal system or leach field, shall be obtained from the New Hampshire Department of Environmental Services (NHDES)-Water Division (WD) pursuant to RSA 485-A, Water Pollution and Waste Disposal, for lots that are not served by municipal sewer and where the system or leach field is proposed within or adjacent to a wetland buffer. The setbacks from a wetland for a subsurface disposal system or leach field shall be in accordance with the NHDES-WD regulations.

(a)

Buffers Established.

(1)

Buffers are hereby established adjacent to the top and bottom of all bluffs.

(2)

The minimum width of the buffers adjacent to bluffs shall be fifty (50) feet horizontal distance as measured in an uphill direction away from the top of a bluff, and in a downhill direction away from the bottom of the bluff. All buffers shall be maintained adjacent to the entire length of a bluff.

(3)

Where the bottom of a bluff is in a ravine, the buffer shall include the entire ravine.

(b)

Natural Conditions to be Maintained. Every bluff and buffer adjacent to a bluff, and all existing vegetation contained therein, shall be retained and maintained in its natural condition, subject to the following exceptions:

(1)

Timber harvesting may be conducted in accordance with the terms and provisions of RSA 227-J, Timber Harvesting;

(2)

Dead, diseased, unsafe, or fallen trees may be removed provided that the root materials are left in place;

(3)

Within a buffer, shrubs and existing trees of less than four (4) inches in diameter measured at four and one-half (4.5) feet above the ground may be removed, and larger trees may be pruned in order to maintain views that may exist, provided that a well-distributed stand comprised of at least fifty (50) percent of the existing trees, saplings, shrubs, and groundcover is maintained, and that the disturbance of the soil is minimized;

(4)

Where the vegetation is removed, it shall be replaced with seedlings of comparable evergreen or deciduous trees; and

(5)

Other disturbances of a buffer may be allowed pursuant to a conditional use permit granted under the terms of this Section.

(c)

Certain Uses Prohibited.

(1)

The following uses and activities are prohibited on bluffs and within a buffer adjacent to a bluff:

a.

The erection or construction of a building or structure; and

b.

New agricultural operations pursuant to Section 28-2-4(j), Table of Principal Uses, of this ordinance; and

(2)

The following uses and activities are prohibited on bluffs:

a.

The establishment of driveways, streets, and roads, including skidder or logging roads, except that railroads and collector or arterial streets or limited access highways may be allowed pursuant to a conditional use permit granted under the terms of this Section;

b.

The recontouring or grading of the land, or the placement of impervious surfaces; and

c.

The installation of a subsurface disposal system, or the a replacement of an existing subsurface disposal system or leach field.

(d)

Conditional Use Permits Required for Certain Disturbance of Bluffs and Buffers. The Planning Board may grant a conditional use permit allowing the disturbance of a buffer in conjunction with construction or installation of driveways, streets, and roads, including skidder or logging roads; railroads; parking lots or loading areas; utilities; drainage improvements; subsurface disposal systems, or the a replacement of an existing subsurface disposal system or leach field; or other activities which require the placement of impervious surfaces, or the recontouring, or grading of the land within the buffer. The Planning Board may also grant a conditional use permit allowing the disturbance of a bluff in conjunction with construction or installation of utilities, drainage improvements, railroads, roads that span a ravine, or a collector street, arterial street, or a limited access highway where such street or highway is designed to connect buildable land at the top of a bluff to buildable land at the bottom of a bluff. In addition to the requirements of Section 28-9-4(b), Conditional Use Permits, of this ordinance, the following provisions shall apply to an application for a permit for disturbance of a buffer or bluff:

(1)

An applicant for a permit shall provide a plan showing, as applicable, the proposed vegetation removal, grading, drainage, erosion control measures, retaining walls, impervious surfaces, utilities and appurtenances, and subsurface disposal systems. The plan shall be prepared by a licensed engineer, except that in the case of the installation of skidder or logging roads or other buffer disturbances related to timber harvesting, the plan shall be prepared by a licensed forester.

(2)

Adequate documentation, certified by a licensed engineer or a licensed forester, as applicable, shall be submitted to the Planning Board in order for the Board to make a finding that the proposed disturbance of a buffer or bluff, as specified herein, meets the following conditions:

a.

The disturbance of a buffer is necessary for timber harvesting, or for the establishment of an allowable principal use on the buildable land area of the lot;

b.

The proposed disturbance to a buffer represents the minimum extent of disturbance necessary to conduct a timber harvest, or to achieve the reasonable use of those portions of the lot consisting of buildable land;

c.

Stormwater runoff and drainage system outfalls relating to the disturbance of a buffer or bluff will be directed away from the bluff;

d.

The proposed disturbance of a buffer or bluff will not destabilize the bluff, or cause erosion of the bluff to occur at a rate in excess of that which occurs under natural conditions from wind and water; and

e.

Where applicable, permits or proof of compliance with all related state and federal regulations have been received or are obtained.

(3)

In granting a permit, the Planning Board may attach conditions to the permit including but not limited to requirements for more extensive buffers, revegetation of the disturbed area with native species, installation of additional plantings of native species to supplement existing vegetation, and a reduction in the extent of impervious surfaces within a buffer.

(e)

Expansion of Existing Buildings Within a Buffer. An existing building or structure which is located in whole or in part within a buffer may be expanded within the buffer area unless such an expansion is otherwise prohibited by the provisions of this ordinance, and provided that no part of an expansion of such a building or structure is closer to the top or bottom of the bluff than any part of the existing building or structure.

(1)

Minimum Expansion by Right. An existing building or structure in a buffer area may be expanded to the extent of the lesser of one thousand (1,000) square feet of ground floor area, or thirty (30) percent of the existing ground floor area.

(2)

Conditional Use Permit Required for Additional Expansion. The Planning Board may grant a conditional use permit in accordance with the requirements of Section 28-9-4(b), Conditional Use Permits, of this ordinance, for the additional expansion of existing buildings or structures beyond that which is allowed pursuant to Section 28-4-4(e)(1). Plans for the expansion shall be prepared and submitted as required in Section 28-4-4(d)(1), and documentation shall be submitted to support the finding as required in Sections 28-4-4(d)(2)c., d., and e. In granting a conditional use permit, the Board may attach conditions as specified in Section 28-4-4(d)(3).

(a)

Purpose. It is the purpose of these regulations to provide suitable living environments in developments of attached and multifamily dwellings, including multifamily dwellings for the elderly; to provide diversity in housing location, type, and tenure; and to insure the compatibility of such developments with other existing adjacent development.

(b)

Application, Review, and Administrative Processes. The application, review, and administrative processes for a development of attached or multifamily dwellings shall be in accordance with Section 28-9-4(d), Site Plan Review, of this ordinance, and as specified in the Site Plan Review Regulations adopted by the Planning Board. The requirements of the Site Plan Review Regulations shall be augmented by the provisions and standards of this Section. To the extent that a condominium or cooperative form of ownership is proposed to be established as part of an application for development of attached or multifamily dwellings, an approval pursuant to the Subdivision Regulations shall also be required.

(c)

Permitted Uses. On a tract proposed for a development of attached or multifamily dwellings, any pre-existing dwelling units on the tract may be retained as part of the development provided that such units are included in the calculation of density for the development. Except in Performance Districts, any pre-existing nonresidential uses on the tract shall not become part of a development of attached or multifamily dwellings, and must be discontinued or relocated to another tract. The following are the principal and accessory uses permitted within a development of attached or multifamily dwellings:

(1)

Principal Uses. The only principal uses that are permitted in a development of attached or multifamily dwellings are pre-existing dwelling units, if any, attached dwellings, multifamily dwellings, or multifamily dwellings for the elderly, including congregate dwelling units, in accordance with Section 28-2-4(j), Table of Principal Uses, of this ordinance.

(2)

Uses Accessory to a Principal Residential Use. The following accessory uses are the only accessory uses permitted in conjunction with a principal residential use within a development of attached or multifamily dwellings:

a.

Garages, carports, and parking spaces;

b.

A minor home occupation; and

c.

Residential Solar.

(3)

Uses Accessory to a Development of Attached and Multifamily Dwellings. The following accessory uses are permitted, subject to Planning Board approval, only as common facilities for the use and benefit of residents of a development of attached or multifamily dwellings:

a.

Outdoor recreational facilities including, but not limited to, tennis courts, golf courses, swimming pools, basketball courts, playgrounds, beaches, docks, and trails;

b.

Indoor recreational facilities including, but not limited to, a swimming pool, fitness center, clubhouse, cabana, spa, and tennis courts;

c.

Indoor support facilities including, but not limited to, meeting rooms, management offices, child care facilities, and greenhouses;

d.

Storage facilities for maintenance equipment for a development of attached or multifamily dwellings;

e.

A common outdoor storage area for boats, recreational vehicles, and camping trailers owned by individual residents of a development of attached or multifamily dwellings;

f.

Community gardens;

g.

Signs in accordance with Article 28-6, Sign Regulations, of this ordinance; and

h.

Community Solar.

(d)

Development Standards in Districts Other Than Performance Districts.

(1)

Minimum Tract Requirements. A tract of land proposed for development of attached or multifamily dwellings shall be of a minimum size of twenty-five thousand (25,000) square feet, except in the RS District where the minimum tract size shall be five (5) acres. All tracts shall have frontage in compliance with the standards for minimum lot frontage as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance, for the respective districts, other than Performance Districts, in which attached or multifamily dwellings are permitted.

(2)

Maximum Lot Coverage and Density. The maximum lot coverage for a development of attached or multifamily dwellings shall be as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance, for the respective districts, other than Performance Districts, in which attached or multifamily dwellings are permitted. The maximum development density for attached or multifamily dwellings in units per acre of buildable land area shall be as specified hereinafter:

(3)

Building Dimensions and Separation. No buildings shall have a horizontal dimension, whether length or width, in excess of one hundred sixty (160) feet, and all buildings shall comply with the maximum height as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance for the respective districts in which attached or multifamily dwellings are permitted. There shall be a minimum of forty (40) feet of separation between all buildings, and a minimum of fifteen (15) feet of separation between buildings and parking lots.

(4)

Private Yards Required. Each dwelling unit with direct outside access at the ground level shall have available a private yard or open space of at least three hundred (300) square feet dedicated to the exclusive use of the residents of said unit. The private yard space may contain patios, decks, fences, landscaping, gardens, and other outdoor facilities.

(5)

Perimeter Buffer Required. In order that adjacent land uses be visually and physically separated, a buffer area shall be observed along the perimeter of a tract of land proposed for development of attached or multifamily dwellings, and no buildings or parking facilities may be located within this buffer. The minimum width of the buffer shall be thirty (30) feet for one-story residential structures, fifty (50) feet for two-story residential structures, and seventy-five (75) feet for residential structures of three (3) stories or more. The Planning Board may permit streets and utilities to cross through the buffer, and may allow certain outdoor recreational facilities within the buffer, provided that such improvements are compatible with adjacent land uses and do not diminish the purpose of the buffer. The buffer shall incorporate existing natural features of the tract to the greatest extent possible. Existing vegetation including significant large trees shall be preserved, and the Planning Board may require landscape materials to be integrated with the existing vegetation in order to provide effective screening on a year-round basis between the development tract and adjacent land uses.

(e)

Development Standards in Performance Districts.

(1)

Mixed Use Component Required. For lots less than twenty thousand (20,000) square feet, residential uses are permitted in the Gateway Performance (GWP) and Opportunity Corridor Performance (OCP) Districts in accordance with Section 28-2-4, Allowable Principle and Accessory Uses in Zoning Districts. For lots greater than twenty thousand (20,000) square feet, residential uses are permitted only where a minimum of twenty-five (25) percent of the gross floor area consists of nonresidential uses that are located within fifty (50) feet of a public or private street. The Planning Board may waive the requirement for nonresidential use through the approval of a Conditional Use Permit in accordance with the requirements of Article 28-9-4(b).

(2)

Comprehensive Development Plan Required. Where residential uses are proposed in the GWP or OCP Districts, a Comprehensive Development Plan (CDP) must be prepared in accordance with the requirements of Sections 28-4-1(g), Applicability to Performance Districts, and 28-9-4, Decisions by the Planning Board.

(3)

Maximum Floor Area Ratio. The density of the development of attached and multi-family dwellings where each structure is located on its own individual lot, excluding accessory structures, shall be established by a maximum floor area ratio for each principal residential use as indicated below.

(4)

Density. For attached and multifamily buildings not on individual lots, the density maximums of Section 28-4-5(d)(2), Maximum Lot Coverage and Density, of this ordinance, shall apply.

(5)

Locational Restrictions. Multifamily dwellings shall be permitted in the Central Business Performance (CBP) District provided that such dwelling units are located on or above the second story of a building, and further provided that the first story of the building is used for a permitted principal nonresidential use.

(f)

Accessory Facilities. An application for a development of attached or multifamily dwellings shall include a narrative description and schedule of development for proposed accessory facilities. Such facilities shall be suitable for the scale of the development, its market orientation, and the needs of the anticipated residents of the development of attached or multifamily dwellings.

(g)

Utility Service Requirements. All developments of attached or multifamily dwellings shall be served by municipal water and sewer services. All nonmunicipal utilities, both those existing on the tract and those proposed to serve a development of attached or multifamily dwellings, shall be placed underground. Such utilities include but are not limited to electricity, telephone, gas, cable television, and fiber optic cable.

(h)

Ownership and Maintenance. The ownership and maintenance of private roads, utilities, parking facilities, and recreational and other accessory facilities shall be assigned to an ownership interest such as an association of condominium owners or cooperative shareholders, or as otherwise approved by the Planning Board.

(i)

Parking Requirements. The parking requirements for a development of attached or multifamily dwellings shall be as specified in Article 28-7, Access, Circulation, Parking, and Loading Requirements, of this ordinance, except that additional parking spaces shall be provided in conjunction with accessory facilities for the common use and benefit of the residents of a development of attached or multifamily dwellings. Parking spaces shall be provided on the basis of one space for every five (5) dwelling units that are more than five hundred (500) feet distant from an accessory facility. Parking spaces for accessory facilities shall be located immediately adjacent to the accessory facility and shall be counted in the calculation of lot coverage.

(j)

Architectural Design. Architectural elevations of all buildings proposed within a development of attached or multifamily dwellings shall be submitted for review and approval by the Planning Board pursuant to Section 28-9-4(f), Architectural Design Review, of this ordinance. The architectural design of buildings within a development of attached or multifamily dwellings shall recognize and respect the architectural character of existing adjacent structures in terms of scale and proportion. The review by the Planning Board shall be conducted with attention to proposed architectural features, details, massing, materials, and colors of structures within a development of attached or multifamily dwellings, and the Board may require modification of designs and may impose conditions in granting approval.

(k)

Phasing of a Development of Attached or Multifamily Dwellings. An applicant may propose a phasing plan subject to the approval of the Planning Board. The Board may impose conditions upon such a phasing plan including the duration of each phase and total number of phases. Accessory recreational and support facilities shall be completed in the same phase as the dwelling units intended to be served by the accessory recreational and support facilities, except that all accessory recreational and support facilities shall be completed at such time as fifty (50) percent of the dwelling units in the entire development of attached or multifamily dwellings are complete.

(l)

Additional Requirements for Multifamily for the Elderly. Multifamily dwellings for the elderly shall be subject to the following additional requirements:

(1)

Documentation of Restriction on Age of Occupants. An application that involves multifamily dwellings for the elderly shall include the submission of documentation substantiating that the development complies with RSA 354-A:15, Housing for Older Persons. Evidence shall be provided to the Planning Board that the units are either subject to the terms of a recognized state or federal program designed to provide housing for older persons, or that the units will be limited to occupancy by persons of a minimum age as specified in the statute. In the latter case, proposed covenants, condominium documents, or other legally binding instruments shall be submitted to the Board as part of the application process.

(2)

Facilities and Services Required for Certain Dwellings. Where the development of multifamily units for the elderly is proposed for occupancy under the statutory provisions in which at least one occupant of each unit must be of fifty-five (55) years of age or older, the development of such units shall include significant facilities and services designed specifically to meet the physical or social needs of older persons. Such facilities and services shall include but are not limited to recreational facilities, congregate dining facilities, an accessible physical environment, transportation services, homemaker services, maintenance services, preventive health care programs, counseling services, and social programs.

(m)

Access. Where access to a site for a development of attached or multifamily dwellings is not directly from an arterial or collector street, the following standards shall be observed in providing access over local streets:

(1)

Access and egress shall be provided from more than one local street where deemed necessary by the Planning Board;

(2)

Where local streets are used for access, the traffic service volume of local streets, which is defined in the Master Plan as fifteen hundred (1,500) vehicles per day, shall not be exceeded by the traffic projected to be generated from the development of attached or multifamily dwellings;

(3)

Traffic calming measures shall be provided as deemed necessary by the Planning Board on local streets used for such access;

(4)

Safety measures for pedestrians, bicycles, and vehicles shall be implemented as deemed necessary by the Planning Board on local streets used for such access, including, but not limited to, installation of curbing and sidewalks, widening of the traveled way, dedication of right-of-way, elimination of substandard road conditions, and improvements to sight distances;

(5)

Opportunities for connectivity from the development site to existing or future streets shall be constructed or dedicated as determined by the Planning Board; and

(6)

Intersection improvements shall be made on local streets used for such access and at the intersections of those local streets with collector or arterial streets, as deemed necessary by the Planning Board.

(Ord. No. 2832, § I, 7-11-11; Ord. No. 3026, § II, 12-10-18; Ord. No. 3051, § V, 10-15-19; Ord. No. 3055, § IV, 11-12-19)

(a)

Purposes. It is the purpose of these regulations to provide suitable living environments in manufactured housing parks and subdivisions, to provide diversity in housing location, type, and tenure; and to insure the compatibility of such developments with other existing adjacent development.

(b)

General Requirement. Individual manufactured homes, and any additions thereto, that are erected or placed on any parcel in the City, shall comply with the construction and installation standards for manufactured housing units pursuant to the provisions of the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec. 5401), commonly known as the HUD (U. S. Department of Housing and Urban Development) Code, as well as all applicable codes and ordinances of the City.

(c)

Application, Review, and Administrative Processes.

(1)

For Manufactured Housing Parks. A conditional use permit and a subdivision approval are required for the establishment or expansion of a manufactured housing park. An application shall be filed with the Planning Board for a conditional use permit and a subdivision approval. The application, review, and administrative processes shall be as specified in Section 28-9-4(b), Conditional Use Permits, and Section 28-9-4(c), Subdivision Approval, of this ordinance, and in the Subdivision Regulations, as augmented by the provisions and standards contained in this Section.

(2)

For Manufactured Housing Subdivisions. A subdivision approval is required for the establishment or expansion of a manufactured housing subdivision. An application shall be filed with the Planning Board for a subdivision approval. The application, review, and administrative processes shall be as specified in Section 28-9-4(c), Subdivision Approval, of this ordinance, and in the Subdivision Regulations, as augmented by the provisions and standards contained in this Section.

(d)

Permitted Uses. On a tract proposed for a manufactured housing park, any pre-existing use that does not conform to the uses permitted in this Section shall not be part of a manufactured housing park, and must be discontinued or relocated to another tract. The following are the principal and accessory uses permitted within a manufactured housing park:

(1)

Principal Uses. The only principal uses that are permitted in a manufactured housing park are manufactured homes.

(2)

Uses Accessory to a Principal Residential Use. The only accessory uses that are permitted on an individual manufactured home site in conjunction with a manufactured home are as follows:

a.

Garages, carports, and parking spaces;

b.

Accessory buildings and facilities;

c.

A minor home occupation; and

d.

Residential Solar.

(e)

Minimum Tract Requirements. A tract of land proposed for development of a manufactured housing park or subdivision shall be a minimum of twelve (12) acres in size, and shall have frontage in compliance with the standards for minimum lot frontage as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance, for the respective districts in which manufactured housing parks or subdivisions are permitted.

(f)

Development Standards for a Manufactured Housing Subdivision. In addition to the standards and requirements of the Subdivision Regulations, the following define the minimum standards for the establishment of a manufactured housing subdivision:

(1)

Foundation System Required. Where a manufactured home is located on an individual lot within a manufactured housing subdivision, each such manufactured housing unit shall be placed on a properly engineered foundation system that meets the manufacturer's installation requirements and the provisions of the City's Building Code, as most recently adopted. A properly engineered foundation is one that provides adequate support of the home's vertical and horizontal loads and transfers these and other imposed forces, without failure, from the home to the undisturbed ground below the frost line. All wheels and other equipment for transporting the manufactured home shall be completely and permanently removed; and

(2)

Minimum Width. The minimum width of a manufactured home located on an individual lot within a manufactured housing subdivision, shall be twenty (20) feet as measured at its narrowest point.

(g)

Development Standards for a Manufactured Housing Park. The following define the minimum standards for the establishment of a manufactured housing park:

(1)

Uses Accessory to a Manufactured Housing Park. The following accessory uses are permitted, subject to Planning Board approval, within a manufactured housing park but not on an individual manufactured home site, and are permitted only as common facilities for the use or benefit of residents of a manufactured housing park:

a.

Outdoor recreational facilities including, but not limited to, tennis courts, golf courses, swimming pools, basketball courts, playgrounds, beaches, docks, and trails;

b.

Indoor recreational facilities including, but not limited to, a swimming pool, fitness center, clubhouse, cabana, spa, and tennis courts;

c.

Indoor support facilities including, but not limited to, meeting rooms, management/sales offices, childcare facilities, laundry facilities, and greenhouses;

d.

Storage facilities for maintenance equipment for a manufactured housing park;

e.

A common outdoor storage area for boats, recreational vehicles, and camping trailers owned by individual residents of a manufactured housing park;

f.

Community gardens;

g.

Signs in accordance with Article 28-6, Sign Regulations, of this Ordinance; and

h.

Community Solar.

(2)

Expansion of an Existing Manufactured Housing Park. The expansion of an existing manufactured housing park which fails to meet the minimum tract requirements of this Section may be authorized by a conditional use permit, provided that the park is located in a district in which manufactured housing parks are permitted and the park will conform with all other standards specified in this Section.

(3)

Maximum Density and Lot Coverage. The maximum development density for a manufactured housing park shall be six (6) units per acre of buildable land area, and the maximum lot coverage shall be as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this Ordinance, for the respective districts in which manufactured housing parks are permitted.

(4)

Minimum Site Area for an Individual Manufactured Home. A lot, space or site for the placement of an individual manufactured home shall be a minimum of seven thousand (7,000) square feet of buildable land area and be at least seventy (70) feet in width. The Planning Board may require manufactured home sites at intersections to be wider in order to provide adequate sight distance at such intersections.

(5)

Minimum Building Setbacks and Separation. No manufactured home or accessory structure, other than a carport, shall be placed or erected closer than twenty (20) feet to a front manufactured home site or lot line. No manufactured home shall be placed or erected closer than fifteen (15) feet to any side or rear manufactured home site or lot line, and no manufactured home shall be placed or erected such that there is less than forty (40) feet of separation between adjacent manufactured homes.

(6)

Minimum Setback and Separation for Carports. No carport located on any home site or lot within a manufactured housing park shall be placed or erected closer than five (5) feet to a front manufactured home site or lot line. No carport shall be placed or erected such that there is less than twenty (20) feet of separation between the carport and a manufactured home on an adjacent home site or lot. No carport shall be installed on or over a sidewalk that serves the park residents.

(7)

Perimeter Buffer Required. In order that adjacent land uses be visually and physically separated, a buffer area shall be observed along the perimeter of a tract of land proposed for development of a manufactured housing park and no buildings or parking facilities may be located within this buffer. The minimum width of the buffer shall be thirty (30) feet. The Planning Board may permit streets and utilities to cross through the buffer, and may allow certain outdoor recreational facilities within the buffer, provided that such improvements are compatible with adjacent land uses and do not diminish the purpose of the buffer. The buffer shall incorporate existing natural features of the tract to the greatest extent possible. Existing vegetation including significant large trees shall be preserved, and the Planning Board may require landscape materials to be integrated with the existing vegetation in order to provide effective screening on a year-round basis between a manufactured housing park and adjacent land uses.

(8)

Open Space Requirements.

a.

Minimum Common Open Space. Common open space shall be provided in the amount of twenty-five (25) percent of the tract, and shall include the perimeter buffers as well as areas internal to the manufactured housing park such that all dwelling units have access and are contiguous to some of the common open space. Common open space shall incorporate natural features of the parcel including shorelines, surface waters, wetlands, floodplains, steep slopes, and other environmentally sensitive areas within which existing vegetation shall be preserved. A minimum of forty (40) percent of the required common open space in a manufactured housing park shall be comprised of buildable land which may be used for recreational and utilitarian purposes as provided in this Section. A minimum of one-half (1/2) of the common open space that is comprised of buildable land, shall be contiguous, shall be accessible from a public or private road, and shall have no horizontal dimension which is less than fifty (50) feet. Furthermore, such common open space that is comprised of contiguous buildable land shall not be less than ten thousand (10,000) square feet in area, and where such land exceeds one (1) acre in area, the minimum horizontal dimensions of such land shall be increased by fifty (50) feet for each additional acre, or portion thereof.

b.

Protection of Common Open Space. Provision shall be made to ensure that the common open space is permanently restricted as such. Covenants, easements, or other legal instruments providing for the permanent protection of the common open space shall be submitted to the Planning Board for review and approval. The legal instruments shall be recorded at the Merrimack County Registry of Deeds as a condition of approval of the manufactured housing park application.

c.

Permitted Uses of Common Open Space. Natural features and environmentally sensitive areas shall be retained as such, with allowance for establishment of walking paths and trails, and for forest management practices. On that portion of the common open space which is comprised of buildable land, the Planning Board may permit community solar and outdoor recreational facilities, provided that no more than ten (10) percent of the required common open space be devoted to outdoor recreational facilities with impervious surfaces such as tennis courts, swimming pools, and basketball courts;

(9)

Accessory Facilities. An application for a manufactured housing park shall include a narrative description and schedule of development for proposed accessory facilities. Such facilities shall be suitable for the scale of the development, its market orientation, and the needs of the anticipated residents of the manufactured housing park.

(10)

Utility Service Requirements. All manufactured housing parks shall be served by municipal water and sewer services. All non-municipal utilities, both those existing on the tract and those proposed to serve a manufactured housing park, shall be placed underground. Such utilities include but are not limited to electricity, telephone, gas, cable television, and fiber optic cable.

(11)

Ownership and Maintenance. The ownership and maintenance of open space, private roads, utilities, parking facilities, and recreational and other accessory facilities shall be assigned to an ownership interest, or an association of condominium owners or cooperative shareholders, or as otherwise approved by the Planning Board.

(12)

Parking Requirements. The parking requirements for a manufactured housing park shall be as specified in Article 28-7, Access, Circulation, Parking, and Loading Requirements, of this Ordinance, except that additional parking spaces shall be provided in conjunction with accessory facilities for the common use and benefit of the manufactured housing park residents. Parking spaces shall be provided on the basis of one (1) space for every five (5) dwelling units that are more than five hundred (500) feet distant from an accessory facility. Parking spaces for accessory facilities shall be located immediately adjacent to the accessory facility and shall be counted in the calculation of lot coverage.

(13)

Architectural Design. Typical designs of manufactured homes and architectural elevations of accessory buildings proposed within a manufactured housing park shall be submitted for review and approval by the Planning Board pursuant to Section 28-9-4(f), Architectural Design Review, of this Ordinance. The review by the Planning Board will be conducted with attention to proposed architectural features, details, massing, materials, and colors of structures and homes within the manufactured housing park, and the Board may require modification of designs and may impose conditions in granting approval.

(14)

Phasing of a Manufactured Housing Park. An applicant may propose a phasing plan subject to the approval of the Planning Board. The Board may impose conditions upon such a phasing plan including the duration of each phase and total number of phases. Accessory facilities shall be completed in the same phase as the manufactured homes intended to be served by the accessory facilities, except that all accessory facilities shall be completed at such time as fifty (50) percent of the manufactured homes in the entire park are located on sites.

(h)

Removal and Replacement of Existing Manufactured Homes. Except where otherwise prohibited by this Ordinance, existing manufactured homes in a manufactured housing park, established prior to November 29, 2001, may be removed and replaced with a similar style standard size manufactured home. Manufactured homes replaced under this section may be placed so as to maintain existing nonconforming setbacks from the front lot line or pavement line or in a more compliant manner. To the greatest extent possible, replacement manufactured homes shall be placed so as to provide forty-foot side and end clearance between adjacent manufactured homes, but in no case shall there be a side or end clearance less than thirty (30) feet between adjacent manufactured homes. A minimum of fifteen (15) feet shall be maintained between a manufactured home and its side and rear lot boundaries. This section shall not apply to manufactured homes that have been determined destroyed or abandoned under Section 28-8-6(a)(2), Destruction, Abandonment and Termination.

(Ord. No. 2833, § I, 7-11-11; Ord. No. 2963, § I, 7-11-16; Ord. No. 3055, §§ V—VII, 11-12-19)

(a)

Authority. This Section is adopted pursuant to the provisions of RSA 674:21, Innovative Land Use Controls. The Planning Board is authorized to administer the application, review, and approval process for Cluster Developments.

(b)

Purposes. It is the purpose of these Cluster Development provisions to permit greater flexibility and more creative design for the development of residential areas than is generally possible under conventional zoning regulations. It is the intent of this Section to promote the efficient use of land while providing for a harmonious variety of housing choices, a higher level of amenities, the preservation of the natural and scenic qualities of open spaces, and compatibility with adjacent uses of land.

(c)

Subdivision Approval and Special Applicability.

(1)

Subdivision Approval Required. Subdivision approval is required for all Cluster Developments. An applicant seeking to construct a Cluster Development shall file an application with the Planning Board for subdivision approval in accordance with Section 28-9-4(c), Subdivision Approval, of this ordinance, and as specified in the Subdivision Regulations adopted by the Planning Board. The application, review, and administrative processes shall be as specified in the Subdivision Regulations, augmented by the provisions and standards contained in this Section.

(2)

Special Applicability for RO District.

a.

All major subdivisions within the RO District shall comply with Article 28-4-7, Cluster Development, unless a Conditional Use Permit is granted under Article 28-5-46, Single-Family Dwellings in a Conventional Subdivision.

b.

Minor subdivisions within the RO District shall comply with either Article 28-4-7, Cluster Development, or the requirements of the RO Zoning District as set forth in Article 28-4-1, Dimensional Standards.

(d)

Permitted Uses. On a tract proposed for Cluster Development, any pre-existing use that does not conform to the uses permitted in this Section shall not be part of a Cluster Development, and must be discontinued or relocated to another tract. The following are the principal and accessory uses permitted within a Cluster Development:

(1)

Principal Uses. The only principal uses that are permitted in a Cluster Development are single-family detached dwellings.

(2)

Uses Accessory to a Principal Residential Use. The only accessory uses that are permitted on a lot for an individual single-family detached dwelling within a Cluster Development are as follows:

a.

Garages, carports, and parking spaces;

b.

Accessory buildings and facilities;

c.

Outdoor storage of a boat, recreational vehicle, or camping trailer;

d.

A minor home occupation; and

e.

Residential Solar.

(3)

Uses Accessory to the Cluster Development. The following accessory uses are permitted, subject to Planning Board approval, in a Cluster Development but not on a lot for an individual single-family detached dwelling, and are permitted only as common facilities for the use or benefit of residents of the Cluster Development:

a.

Outdoor recreational facilities including, but not limited to, tennis courts, golf courses, swimming pools, basketball courts, playgrounds, beaches, docks, and trails;

b.

Indoor recreational facilities including, but not limited to, a swimming pool, fitness center, clubhouse, cabana, spa, and tennis courts;

c.

Indoor support facilities including, but not limited to, meeting rooms, management offices, child care facilities, and greenhouses;

d.

Storage facilities for Cluster Development maintenance equipment;

e.

Community gardens, agricultural and horticultural operations, and timber management;

f.

Signs in accordance with Article 28-6, Sign Regulations, of this ordinance; and

g.

Community Solar.

(e)

Development Standards.

(1)

Minimum Tract Requirements and Design Standards for a Cluster Development. A tract of land that is proposed for use as a Cluster Development shall comply with the dimensional, density, and open space standards as specified hereinafter:

(2)

Design Standards Where There is a Subdivision of the Tract Into Lots. Where lots are proposed to be created for individual dwelling units by subdivision of the Cluster Development tract, each lot shall meet the following minimum requirements:

* or larger, as required by the N.H. Department of Environmental Services-Water Division

(3)

Design Standards Where Lots are Not Created for Individual Dwelling Units. Where lots are not created for individual dwelling units, each dwelling shall observe a minimum setback from a street right-of-way, a minimum separation from other dwellings, and have adjacent to it a private yard space, all as specified hereinafter:

The private yard space adjacent to each unit shall be dedicated to the exclusive use of the residents of said unit and may contain patios, decks, fences, landscaping, gardens, and other outdoor facilities.

(f)

Perimeter Buffer Required. In order that adjacent land uses be visually and physically separated, a buffer area along the perimeter of the Cluster Development tract shall be observed, and no buildings or parking facilities shall be located within this buffer. The minimum width of the buffer shall be twenty-five (25) feet in the RN District, fifty (50) feet in the RM and RS Districts, and one hundred (100) feet in the RO District. The Planning Board may permit streets and utilities to cross through the buffer, and may allow certain outdoor recreational facilities within the buffer, provided that such improvements are compatible with adjacent land uses and do not diminish the purpose of the buffer. The buffer shall incorporate existing natural features of the tract to the greatest extent possible. Existing vegetation including significant large trees shall be preserved, and the Planning Board may require landscape materials to be integrated with the existing vegetation in order to provide effective screening on a year-round basis between the Cluster Development and adjacent land uses.

In the RO District, the minimum width of the perimeter buffer may be reduced to fifty (50) feet as opposed to the standard minimum width of one hundred (100) feet for cluster developments comprised of four (4) or fewer lots or units and where the cluster development tract is less than twenty (20) acres in area.

(g)

Open Space Standards.

(1)

Minimum Common Open Space. Common open space shall include the perimeter buffers as well as areas internal to the Cluster Development such that all dwelling units have access or are contiguous to some of the common open space. Common open space shall incorporate natural features of the parcel including shorelines, surface waters, wetlands, floodplains, steep slopes, and other environmentally sensitive areas within which existing vegetation shall be preserved. A minimum of forty (40) percent of the required common open space in a Cluster Development shall be comprised of buildable land which may be used for recreational and utilitarian purposes as provided in this Section. A minimum of one-half (½) of the common open space that is comprised of buildable land, shall be contiguous, shall be accessible from a public or private road, and shall have no horizontal dimension which is less than fifty (50) feet. Furthermore, such common open space that is comprised of contiguous buildable land shall not be less than ten thousand (10,000) square feet in area, and where such land exceeds one acre in area, the minimum horizontal dimensions of such land shall be increased by fifty (50) feet for each additional acre, or portion thereof, up to a total of four hundred fifty (450) feet. The required minimum contiguous buildable open space may have inclusions of non-buildable land up to a maximum of five (5) percent of said required contiguous buildable open space.

Where the required contiguous buildable open space is at least ten (10) acres in size, upon the granting of a conditional use permit by the Planning Board pursuant to Section 28-9-4(b), Conditional Use Permits, of this ordinance, the minimum contiguous buildable land area may be provided in discrete segments of at least five (5) acres in area, which shall meet the minimum horizontal dimensional requirements as specified herein, and which shall be connected to other portions of the common open space.

(2)

Protection of Common Open Space. Provision shall be made to ensure that the common open space is permanently restricted as such. Covenants, easements, or other legal instruments providing for the permanent protection of the common open space shall be submitted to the Planning Board for review and approval. The legal instruments shall be recorded at the Merrimack County Registry of Deeds as a condition of approval of the Cluster Development application.

(3)

Permitted Uses of Common Open Space. Natural features and environmentally sensitive areas shall be retained as such, with allowance for establishment of walking paths and trails, for forest management practices, and for the maintenance of open fields. The Planning Board may permit the following recreational and utilitarian uses of that portion of the common open space which is comprised of buildable land:

a.

Outdoor recreational facilities, provided that no more than ten (10) percent of the required common open space be devoted to outdoor recreational facilities with impervious surfaces such as tennis courts, swimming pools, and basketball courts;

b.

Water supply wells;

c.

The leaching systems of subsurface wastewater disposal systems;

d.

Community gardens, and agricultural and horticultural operations; and

e.

Community Solar.

(h)

Accessory Facilities. A Cluster Development application shall include a narrative description and schedule for development for proposed accessory recreational, support, and storage facilities. Such facilities shall be suitable for the scale of the development, its market orientation, and the needs of the anticipated residents of the Cluster Development.

(i)

Utility Service Requirements.

(1)

Water Supply. If available, municipal water service shall be provided to all buildings within a Cluster Development. If municipal water service is not available, each building in a Cluster Development shall be served by a private well for the exclusive use of that building and its accessory facilities. The protective radius around a well shall be located solely within the lot served by the well, or within common open space that is immediately adjacent to the lot served by the well, or within defined easement areas on adjacent lots.

(2)

Sanitary Sewage Disposal. If available, municipal sanitary sewer service shall be provided to all buildings within a Cluster Development. If municipal sanitary sewer service is not available, sanitary sewage disposal shall be by means of a subsurface waste disposal system for each individual lot or building as approved by the New Hampshire Department of Environmental Services (NHDES)-Water Division (WD).

(3)

Nonmunicipal Utilities. All nonmunicipal utilities, both those existing on the tract and those proposed to serve a Cluster Development, shall be placed underground. Such utilities include but are not limited to electricity, telephone, gas, cable television, and fiber optic cable.

(j)

Ownership and Maintenance.

(1)

Roads, Utilities, and Other Accessory Facilities. The ownership and maintenance of private roads, utilities, parking facilities, and recreational and other accessory facilities shall be assigned to an ownership interest such as an association of lot owners, condominium owners, or cooperative shareholders, or as otherwise approved by the Planning Board.

(2)

Common Open Space.

a.

Where there is no subdivision of the tract into lots, the ownership and maintenance of the common open space shall be assigned to an ownership interest such as an association of condominium owners or cooperative shareholders, or as otherwise approved by the Planning Board.

b.

If there is a subdivision of the tract such that common open space lots are to be created, such common open space lots may be conveyed subject to covenants, restrictions, and a maintenance agreement, to a governmental entity or to a private land trust, as approved by the Planning Board. Otherwise, the title to common open space lots, subject to covenants and restrictions, shall be conveyed as proportionate, undivided interests-in-common to each owner of a lot on which a dwelling unit may be built, and the maintenance responsibilities for such common open space lots shall be borne by an association of lot owners.

c.

Where the Cluster Development is subdivided into lots, the Planning Board may permit portions of individual building lots to be dedicated as part of the common open space provided that such lots are duly encumbered with covenants, restrictions, and maintenance stipulations, and further provided that there will be an adequate area remaining on the lot to reasonably accommodate the construction of a principal residential use.

(k)

Parking Requirements. The parking requirements for principal residential uses in a Cluster Development shall be as specified in Article 28-7, Access, Circulation, Parking, and Loading Requirements, of this ordinance. Additional parking spaces shall be provided in conjunction with accessory recreational and support facilities for the common use and benefit of the Cluster Development residents on the basis of one space for every five (5) dwelling units that are more than five hundred (500) feet distant from an accessory facility. Parking spaces for accessory facilities shall be located immediately adjacent to the accessory facility.

(l)

Phasing of a Cluster Development. An applicant may propose a phasing plan subject to the approval of the Planning Board. The Board shall impose conditions upon such a phasing plan including the duration of each phase and total number of phases. All phasing plans shall be subject to the following provisions:

(1)

The open space covenants or easements for the entire Cluster Development shall be recorded at the Merrimack County Registry of Deeds and become effective at the time of recording of the approved plan of the first phase of the Cluster Development; and

(2)

Accessory recreational and support facilities shall be completed in the same phase as the dwelling units intended to be served by the accessory recreational and support facilities, except that all accessory recreational and support facilities shall be completed at such time as fifty (50) percent of the dwelling units in the entire Cluster Development are complete.

(Ord. No. 2666, §§ III—V, 3-12-07; Ord. No. 2954, § I, 12-14-15; Ord. No. 3055, §§ VIII, IX, 11-12-19)

(a)

Authority. this Section is adopted pursuant to the provisions of RSA 674:21, Innovative Land Use Controls. The Planning Board is designated as the administrative agency for the application, review, and approval process for PUDs.

(b)

Purposes. It is the purpose of these PUD regulations to permit greater flexibility and more creative design for the development of residential areas than is generally possible under conventional zoning regulations. It is the intent of these regulations to promote the efficient use of land while providing for a harmonious variety of housing types, choice in tenure, a higher level of amenities, the preservation of the natural and scenic qualities of open space, and compatibility with adjacent uses of land.

(c)

Application, Review, and Administrative Processes. The application, review, and administrative processes for a PUD shall be in accordance with Section 28-9-4, Site Plan Review, of this ordinance, and as specified in the Site Plan Review Regulations adopted by the Planning Board. The requirements of the Site Plan Review Regulations shall be augmented by the provisions and standards of this Section. To the extent that lots are proposed to be created or a condominium or cooperative established as part of the PUD application, an approval pursuant to the Subdivision Regulations will also be required.

(d)

Permitted Uses. On a tract proposed for a PUD, any pre-existing use that does not conform to the uses permitted in this Section shall not be part of a PUD, and must be discontinued or relocated to another tract. The following are the principal and accessory uses permitted within a PUD:

(1)

Principal Uses. The only principal uses that are permitted in a PUD are single-family detached dwellings, two-family dwellings, attached dwellings, multifamily dwelling units for the elderly including congregate dwelling units, and assisted living residences. All PUDs must contain at least two (2) of these types of principal residential uses. Each type of principal residential use that is proposed within a PUD shall comprise not less than twenty (20) percent of the total number of units in the PUD.

(2)

Uses Accessory to a Principal Residential Use. The following accessory uses are the only accessory uses permitted in conjunction with a principal residential use within a PUD:

a.

Garages, carports, and parking spaces;

b.

A minor home occupation; and

c.

Residential Solar.

(3)

Uses Accessory to the PUD. The following accessory uses are permitted, subject to Planning Board approval, only as common facilities for the use and benefit of residents of the PUD:

a.

Outdoor recreational facilities including, but not limited to, tennis courts, golf courses, swimming pools, basketball courts, playgrounds, beaches, docks, and trails;

b.

Indoor recreational facilities including, but not limited to, a swimming pool, fitness center, clubhouse, cabana, spa, and tennis courts;

c.

Indoor support facilities including, but not limited to, meeting rooms, management offices, child care facilities, and greenhouses;

d.

A nursing home in a PUD that is a retirement community which is comprised solely of principal residential uses limited to occupancy by elderly persons;

e.

Storage facilities for PUD maintenance equipment;

f.

A common outdoor storage area for boats, recreational vehicles, and camping trailers owned by individual residents of the PUD;

g.

Community gardens;

h.

Signs in accordance with Article 28-6, Sign Regulations, of this ordinance; and

i.

Community Solar.

(e)

Development Standards.

(1)

Minimum Tract Requirements and Design Standards for a PUD. A tract of land proposed for use as a PUD shall have frontage in compliance with the standards for minimum lot frontage, and shall be developed in accordance with the standards for maximum lot coverage, as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance for the respective districts in which PUDs are permitted. The minimum tract size and maximum development density for PUDs shall be as specified hereinafter:

(2)

Building Dimensions and Separation. No buildings shall have a horizontal dimension, whether length or width, in excess of one hundred sixty (160) feet, and all buildings shall comply with the maximum height as specified in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance for the respective districts in which PUDs are permitted. There shall be a minimum of forty (40) feet of separation between all buildings.

(3)

Standards for Lots for Single-Family Detached Dwellings. Lots may be established for single-family detached dwellings in a PUD, in which case, said lots shall conform to the minimum requirements for lots for the respective districts as specified in Section 28-4-4, Cluster Development, of this ordinance.

(4)

Private Yards Required. Except where lots are created for single-family detached dwellings, each dwelling unit with direct outside access at the ground level shall have available a private yard or open space of at least three hundred (300) square feet dedicated to the exclusive use of the residents of said unit. The private yard space may contain patios, decks, fences, landscaping, gardens, and other outdoor facilities.

(f)

Perimeter Buffer Required. In order that adjacent land uses be visually and physically separated, a buffer area along the perimeter of a PUD tract shall be observed, and no buildings or parking facilities may be located within this buffer. The minimum width of the buffer shall be thirty (30) feet for one-story residential structures, fifty (50) feet for two-story residential structures, and seventy-five (75) feet for residential structures of three (3) stories or more. The Planning Board may permit streets and utilities to cross through the buffer, and may allow certain outdoor recreational facilities within the buffer, provided that such improvements are compatible with adjacent land uses and do not diminish the purpose of the buffer. The buffer shall incorporate existing natural features of the tract to the greatest extent possible. Existing vegetation including significant large trees shall be preserved, and the Planning Board may require landscape materials to be integrated with the existing vegetation in order to provide effective screening on a year-round basis between the PUD and adjacent land uses.

(g)

Open Space Standards.

(1)

Common Open Space. All land not utilized for structures, parking, driveways or roadways, and not otherwise dedicated to private yards, shall be preserved as common open space. Common open space shall include perimeter buffers as well as areas internal to the PUD such that all units are adjacent to some of the common open space. Common open space shall incorporate natural features of the parcel including shorelines, surface waters, wetlands, floodplains, steep slopes, and other environmentally sensitive areas. Existing vegetation including significant large trees shall be preserved, and landscape materials shall be integrated with natural features and existing vegetation in such a manner to enhance the perimeter buffer as well as to screen dwelling units from parking lots and service areas within the PUD.

(2)

Protection of Common Open Space. Provision shall be made to ensure that the common open space is permanently restricted as such. Covenants, easements, or other legal instruments providing for the permanent protection of the common open space shall be submitted to the Planning Board for review and approval. The legal instruments shall be recorded at the Merrimack County Registry of Deeds as a condition of approval of the PUD application.

(3)

Permitted Uses of Common Open Space. The Planning Board may permit the following uses of the common open space:

a.

Outdoor recreational facilities, provided that no more than ten (10) percent of the common open space be devoted to outdoor recreational facilities with impervious surfaces such as tennis courts, swimming pools, and basketball courts;

b.

Community gardens; and

c.

Community Solar.

(h)

Accessory Facilities. A PUD application shall include a narrative description and schedule of development for proposed accessory facilities. Such facilities shall be suitable for the scale of the development, its market orientation, and the needs of the anticipated residents of the PUD.

(i)

Utility Service Requirements. All PUDs shall be served by municipal water and sewer services. All nonmunicipal utilities, both those existing on the tract and those proposed to serve a PUD, shall be placed underground. Such utilities include but are not limited to electricity, telephone, gas, cable television, and fiber optic cable.

(j)

Ownership and Maintenance.

(1)

Roads, Utilities, and Other Accessory Facilities. The ownership and maintenance of private roads, utilities, parking facilities, community solar, and recreational and other accessory facilities shall be assigned to an ownership interest such as an association of condominium owners or cooperative shareholders, or as otherwise approved by the Planning Board.

(2)

Common Open Space.

a.

If there is a subdivision of the tract such that common open space lots are to be created, such common open space lots may be conveyed subject to covenants, restrictions, and a maintenance agreement, to a governmental entity or to a private land trust, as approved by the Planning Board.

b.

Where there is no subdivision of the tract into lots, the ownership and maintenance of the common open space shall be assigned to an ownership interest such as an association of condominium owners or cooperative shareholders, or as otherwise approved by the Planning Board.

c.

Where lots are created for single-family detached dwellings, such lots shall be conveyed with a proportionate, undivided interest-in-common in the common open space. Maintenance responsibilities for such common open space shall be borne by an association of owners within the PUD.

(k)

Parking Requirements. The parking requirements for a PUD shall be as specified in Article 28-7, Access, Circulation, Parking, and Loading Requirements, of this ordinance, except that additional parking spaces shall be provided in conjunction with accessory facilities for the common use and benefit of the PUD residents. Parking spaces shall be provided on the basis of one space for every five (5) dwelling units that are more than five hundred (500) feet distant from an accessory facility. In addition, where a nursing home is included in a PUD that is a retirement community, one-half (0.5) space shall be provided for each licensed occupant of the nursing home. Parking spaces for accessory facilities shall be located immediately adjacent to the accessory facility and shall be counted in the calculation of lot coverage.

(l)

Architectural Design. Architectural elevations of all buildings proposed within a PUD shall be submitted for review and approval by the Planning Board pursuant to Section 28-9-4(f), Architectural Design Review, of this ordinance, except where single-family dwellings are located on individual lots and are physically separated from other types of dwellings, said single family shall be exempt from this requirement. The architectural design of buildings within a PUD should recognize and respect the architectural character of existing adjacent structures in terms of scale and proportion. The review by the Planning Board will be conducted with attention to proposed architectural features, details, massing, materials, and colors of structures within the PUD, and the Board may require modification of designs and may impose conditions in granting approval.

(m)

Phasing of a PUD. An applicant may propose a phasing plan subject to the approval of the Planning Board. The Board shall impose conditions upon such a phasing plan including the duration of each phase and total number of phases. All phasing plans shall be subject to the following provisions:

(1)

The open space covenants or easements for the entire PUD shall be recorded at the Merrimack County Registry of Deeds and become effective at the time of recording of the approved plan of the first phase of the PUD;

(2)

Accessory facilities shall be completed in the same phase as the dwelling units intended to be served by the accessory facilities, except that all accessory facilities shall be completed at such time as fifty (50) percent of the dwelling units in the entire PUD are complete; and

(3)

The mix of principal residential uses by phase shall be such that any one type of the proposed principal residential uses comprises at least twenty (20) percent of the cumulative total of the PUD units that will be completed by the end of each phase.

(n)

Access. Where access to a site for a Planned Unit Development is not directly from an arterial or collector street, the following standards shall be observed in providing access over local streets:

(1)

Access and egress shall be provided from more than one local street where deemed necessary by the Planning Board;

(2)

Where local streets are used for access, the traffic service volume of local streets, which is defined in the Master Plan as fifteen hundred (1,500) vehicles per day, shall not be exceeded by traffic projected to be generated from the development of attached or multifamily dwellings;

(3)

Traffic calming measures shall be provided as deemed necessary by the Planning Board on local streets used for such access;

(4)

Safety measures for pedestrians, bicycles, and vehicles shall be implemented as deemed necessary by the Planning Board on local streets used for such access, including, but not limited to, installation of curbing and sidewalks, widening of the traveled way, dedication of right-of-way, elimination of substandard road conditions, and improvements to sight distances;

(5)

Opportunities for connectivity from the development site to existing or future streets shall be constructed or dedicated as determined by the Planning Board; and

(6)

Intersection improvements shall be made on local streets used for such access and at the intersections of those local streets with collector or arterial streets, as deemed necessary by the Planning Board.

(Ord. No. 2832, § II, 7-11-11; Ord. No. 3055, §§ X—XII, 11-12-19)