Conway City Zoning Code
§ 190-13
Residential/Agricultural RA District.
The RA District is primarily designed to accommodate a compatible mixture of residential and agricultural uses at lower densities of approximately one unit or less per acre. These areas are generally without municipal sewer service and are not yet appropriate for development at higher densities. Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries and map.
(1)
Boundaries: all areas not designated otherwise herein as: the Center Conway Village Residential District, the Conway Village Residential District, the North Conway Village Residential District, the Center Conway Village Commercial District, the Conway Village Commercial District, the North Conway Village Commercial District, the Highway Commercial District, the Regional Commercial, the Industrial-1 District, the Industrial-2 District or the Recreational Resort District.
[Amended 4-11-2017 ATM by Art. 2]
(2)
Map. The RA District Map is included as an attachment to this chapter.
B.
Lot size and density.
(1)
Lots serviced by a municipal water system and municipal sewerage system shall have at least 1/2 acre for the first unit that may be located thereon and at least 10,000 square feet for each additional unit on the same lot.
(2)
Lots serviced by a municipal water system shall have at least 1/2 acre for each unit that may be located thereon.
(3)
All other lots shall have at least one acre for each unit that may be located thereon.
(4)
Special exceptions.
(a)
In order to preserve and safeguard Conway's older homes, but also allow for their conversion to multifamily dwellings, the Zoning Board of Adjustment may grant special exceptions for residential structures and accessory structures on the same lot, provided that:
[Amended 4-10-2018 ATM by Art. 2; 4-13-2021 ATM by Art. 4]
[1]
Substantially all of the structure was constructed prior to 1930.
[2]
The total number of dwelling units on the site does not exceed four.
[3]
No less than 5,000 square feet of land area must be provided on the parcel for each unit that exists or is to be constructed thereon.
[4]
No significant changes to the exterior lines or architectural detail are made which would diminish the historical or architectural heritage of the structure.
[5]
Adequate area is available for parking outside the setback and buffer areas.
[6]
Accessory structures must have at least 300 square feet of occupiable space per unit suitable for conversion to a dwelling unit.
[7]
All of the dwelling units shall be used for long-term residency; short-term transient occupancies of less than 30 consecutive days of any dwelling unit is prohibited.
[8]
Scaled floor plans and a scaled site drawing must be submitted to the Zoning Board at time of application to ensure compliance with the requirements for this special exception.
(b)
In order to help provide year-round housing, one accessory dwelling unit shall be permitted without a special exception and by right by the Building Inspector as an accessory to a single-family dwelling on any size lot, subject to the enumerated conditions below.
[Amended 4-9-2019 ATM by Art. 2; 4-13-2021 ATM by Art. 5; 4-9-2024 ATM by Art. 21]
The Zoning Board of Adjustment may grant a special exception for a second accessory dwelling unit as an accessory use to a single-family dwelling, or one accessory dwelling unit as an accessory use to a duplex, on any size lot, subject to the following conditions: |
[1]
The accessory dwelling unit is designed to ensure architectural compatibility with the neighborhood.
[2]
Sufficient parking is located on site with a minimum of one space per accessory dwelling unit.
[3]
The accessory dwelling unit is subject to all other applicable zoning regulations including setbacks, elevations, and overlay district restrictions.
[4]
The primary single-family dwelling, duplex, and accessory dwelling units, as applicable shall be used for long-term residency, and short-term transient occupancy of any dwelling unit is prohibited. The applicable occupancy restrictions shall be recorded at the Carroll County Registry of Deeds.
[5]
A second accessory dwelling unit associated with a single-family dwelling and the sole accessory dwelling unit associated with a duplex shall be reserved as an affordable unit for an eligible renter as defined in § 195-8 of the Town of Conway Zoning Ordinance. The applicable affordability restrictions shall be recorded at the Carroll County Registry of Deeds.
[6]
Adequate water supply and sewage disposal for an accessory dwelling unit shall be provided in accordance with RSA 485-A:38.
[7]
Site plan approval shall not be required or be a condition to the Zoning Board of Adjustment granting a special exception under this subsection.
C.
Frontage. All lots must front on a state or Town highway with a Class I, II, III, IV or V classification, a private road constructed to Town standards as required by the Planning Board or a Class VI road proposed to be improved as stipulated by the Planning Board. To qualify as frontage, the lot must have access rights to the subject highway or road. The minimum distance for frontage on a road shall be:
D.
Setbacks. The minimum front setback shall be 25 feet from a platted right-of-way or 100 feet from the platted right-of-way of North-South Road between the extension of the center line of Barnes Road and the center line of Depot Road, and the minimum side or back setback shall be 15 feet.
E.
Structure and building height. Structure height is restricted to achieve several purposes. The Town is economically dependent upon tourism and attracts visitors with its rural character and mountainous setting. Maintaining the traditional scale and style of structures aids in preserving the character of the Town. Peaked roofs are encouraged because it is the traditional roof style in the Town. (Care has been taken to prepare language which does not unduly encourage the use of flat-roof buildings.) The height restriction keeps structures and buildings below treetop level, which is typically from 60 feet to 100 feet for mature maple, beech, birch and pine trees. Structure height below treetop level helps maintain the rural atmosphere and preserve the viewsheds throughout the Town. In addition, the height limit minimizes difficulty in providing fire protection. The following shall apply throughout the Town:
(1)
Structure height shall not exceed 55 feet for any structure.
(2)
Building height shall not exceed 45 feet.
(3)
Wireless communication facilities may be allowed to exceed 55 feet in height by special exception on application to the Zoning Board of Adjustment as approved after a hearing with appropriate conditions imposed thereon, provided that the height is necessary to fulfill its function.
(4)
Church steeples may be allowed to exceed 55 feet in height by special exception on application to the Zoning Board of Adjustment as approved after a hearing with appropriate conditions imposed thereon, provided that:
F.
Signs.
[Amended 4-14-2015 ATM by Arts. 2, 3 and 4; 4-12-2016 ATM by Arts. 2 and 4; 4-11-2017 ATM by Art. 2; 4-10-2018 ATM by Art. 3]
(1)
Sign setbacks. Signs shall be set back a minimum of five feet from a platted right-of-way, and signs shall be set back a minimum of 15 feet from all other property boundaries.
(2)
Each lot in the district shall be entitled to 12 square feet of commercial or nonresidential sign message area.
(3)
Maximum sign height shall be eight feet.
(4)
In addition to the above signage provisions, every lot shall be entitled to one sign not exceeding one square foot in surface area placed in any of the following locations:
(5)
Sign content. The Town has no intention of restricting individual free speech, but the Town does recognize its right to place reasonable restrictions upon commercial speech. Further, the Town wishes to prevent excessive or unnecessary signage along road corridors. In keeping with this reasoning, off-site commercial signs shall be prohibited.
(6)
Signs in platted ROW. Except as otherwise permitted below, no signs shall be permitted within any platted right-of-way:
(7)
Temporary event signage. In addition to signage otherwise permitted herein, temporary events may display up to 20 square feet of additional signage and that signage may be in the form of banners. Such signage shall comply with the following dimensional restrictions:
(8)
Special event signage. In addition to signage otherwise permitted herein, special events may display up to 40 square feet of additional signage and that signage may be in the form of banners. Such signage shall comply with the following dimensional restrictions:
(9)
Permit required for all nonresidential signs exceeding six square feet in message area.
(a)
Sign application process. Any action requiring a sign permit shall be permitted only upon the application to, and approval of, the Zoning Officer. Applications shall use the following process:
[1]
An application form for each sign shall be completed and signed by the owner of the property.
[2]
A complete application shall also include the following:
[a]
Fee as set from time to time by the Board of Selectmen;
[b]
Written description of the proposed type, size, height, setback, sign and supporting structure materials, and illumination of the sign;
[c]
Statement specifically addressing compliance with off-site commercial sign restrictions; and
[d]
Analysis regarding impact of safety, specifically addressing lighting/glare and line-of-sight blockage for vehicles and pedestrians.
[3]
Upon receipt of a complete application, the Zoning Officer shall have up to 14 days to either approve or deny the application.
[4]
If the application is denied, the Zoning Officer shall issue a written decision stating the reason(s) for denial.
[5]
If the application is approved, the Zoning Officer shall issue an approval for the erection of a sign. The sign permit is valid for one year from date of approval. If the sign is not erected within one year, the permit shall expire.
(10)
Design standards. The following design standards shall be required to ensure compliance with the intent of these regulations:
(a)
Illumination. Signs shall not be illuminated from within; signs may be illuminated only by external light. Lighting shall be affixed to and, for dimensional purposes, considered part of the sign structure. Lighting shall be located, directed and/or shielded such that it only sheds light downward and is limited to the message display area. The lighting sources shall be of white light and be energy-efficient fixtures when possible. Fixtures shall be located, directed and/or shielded such that no direct light emissions are visible at any point along the property boundary, nor shall they be distracting to vehicular traffic.
(b)
Neon. Neon lighting shall be prohibited.
(c)
Motion. Moving signs, or signs which give the appearance of motion, shall be prohibited.
(d)
Flashing/blinking. Flashing, blinking, alternating-type or digital-type lighting, such as a digital message board, shall be prohibited.
(e)
Structural supports and base. The support and base structure of a sign shall not exceed 50% of the maximum permitted message area of the sign. Such supports and base shall be measured on the single side or face having the greatest surface area. If the sign structural supports and base are made of wood, brick and/or stone, with only incidental use of other materials, the structure/base size limit shall be increased to 100% of the maximum permitted message area of the sign. The top of the supporting structure of a freestanding sign shall extend no farther above the top of the message area than 1/3 of the maximum permitted height of the message area.
(f)
No sign shall project over a street or sidewalk, except for projecting signs as permitted herein.
(g)
No sign shall be placed in such a position as to endanger vehicular or pedestrian traffic by obstructing a clear view, by causing confusion with government signs and signals, or by any other means.
(11)
Movable signs. Movable signs shall be prohibited. No vehicle, including parts thereof, trailers, and other accessories shall be used as a means of circumventing the purpose and intent of this chapter. A vehicle displaying a commercial message which is licensed, registered and inspected shall be exempt from these sign regulations if it is regularly and customarily used to transport persons or property for the business.
(12)
Flags, banners, pennants, etc.
(a)
In addition to the signs otherwise permitted by this chapter, there may be displayed, on any lot, up to three flags displaying any otherwise legal symbol, message or information, commercial or noncommercial; except that off-site commercial flags shall be restricted as set forth in this chapter. No such flag shall exceed 24 square feet measured by one face of the flag only. Any such flag shall be mounted directly to one flagpole. A "flagpole" is a pole intended and placed solely for the support and display of a flag or flags, and does not include utility poles, light poles, trees or other sign structures. All flagpoles shall be erected vertically or within 45° of the vertical. No portion of any flagpole shall be sited within 10 feet of a property line. No flagpole shall extend more than 35 feet in height above grade or, if mounted on a building, 55 feet above the average finished grade of the building.
(b)
Banners, feather flags, pennants, searchlights, twirling signs, balloons or other gas-filled figures, and other such materials shall be prohibited, except as specified herein.
(c)
This subsection shall not be construed to prevent any sign otherwise permitted by this chapter, and which conforms to all sign requirements of this chapter, from taking the form of a flag or other fabric. Banners may be used to cover part or all of an existing freestanding, projecting or wall sign to advertise temporary events. The net effect of this activity shall not increase the message area of any permitted sign or signs.
(13)
Maintenance. All surfaces and supporting structures of signs, whether erected prior to the effective date of this chapter or not, shall be maintained in a safe and sightly condition to the satisfaction of the Board of Selectmen or its authorized agent. A permit is required for any maintenance except the following: repainting; other surface renewal; or change of message on the same surface.
G.
Restrictions regarding home occupations. A home occupation is considered accessory to a residential use and shall not occupy an area greater than 50% of the total floor area of the residential unit or 1,500 square feet, whichever is less. Home occupations are subject to the following provisions and restrictions:
(1)
The home occupation shall be carried on by persons who live in the principal residential unit full time. Two employees living off-premises are permitted.
(2)
The home occupation shall be carried on within the principal residential unit or an approved accessory structure.
(3)
Exterior storage of commercial vehicles, equipment or materials or variation from the residential character of the principal residential unit shall not be permitted.
(4)
The home occupation shall create no unreasonable noise, vibration, smoke, dust, electrical disturbance, odors, heat, glare or other nuisance or threat to the health of the abutters.
(5)
Adequate off-street parking shall be provided.
(6)
A home occupation shall not generate excessive traffic or traffic in greater volumes than would normally be expected in a residential neighborhood.
(7)
A change-of-use permit to operate a home occupation is required before startup of operation.
(8)
Retail or wholesale sales are only permitted for those items raised or made on the premises.
(9)
A home occupation shall not be offensive to the character of the neighborhood or decrease abutting property values.
H.
Farm and nursery stands. Farm and nursery stands for selling indigenous produce or plants are considered temporary structures and are permitted, provided that:
(2)
Three off-street parking spaces shall be required to be provided for structures up to 100 square feet in size. Additional parking shall be required at the rate of one space per 200 square feet over 100 square feet.
(3)
Wall signs shall not exceed 10 square feet in size. One portable A-frame sign per lot, not to exceed six square feet, shall be allowed to be displayed during business hours only.
(4)
All structures, parking areas and signs shall meet the setback requirements established herein.
I.
Yard sales. Yard sales shall be permitted, provided that no one household holds sales on more than six days per calendar year.
[Amended 4-11-2017 ATM by Art. 2]
J.
Mobile homes, travel trailers and recreational vehicles.
(1)
One mobile home used as a residential unit is permitted on a lot in the Residential/Agricultural District.
(2)
A mobile home, travel trailer or recreational vehicle may be permitted on the site of a construction project for one year, provided that it is a necessary convenience for the construction project and that no public safety or health hazards shall be created.
(3)
One travel trailer or recreational vehicle may be stored on a lot, provided that it is accessory to a permitted residential use on the subject property and not utilized for dwelling purposes. Travel trailers and recreational vehicles shall not be stored on vacant lots.
[Amended 4-12-2016 ATM by Art. 3]
(4)
All mobile homes permitted under this subsection must be connected to a sewerage system and water source, both meeting minimum local and State of New Hampshire standards, as applicable and then promulgated; such systems shall be approved by the Selectmen or their designated agent and be maintained so as not to cause a health or sanitation hazard.
K.
Special exceptions. The following land uses shall be allowed if granted a special exception by the Zoning Board of Adjustment:
(1)
Nursing homes. In order to protect existing property owners in the Residential/Agricultural District against a new use nearby which may be incompatible or undesirable but also allow for nursing homes with acceptable accessory commercial uses such as gift shops, flower shops and candy shops, which are restricted to on-premises facilities, the Zoning Board of Adjustment may grant a special exception for nursing homes in the Residential/Agricultural District, provided that:
[Amended 4-11-2017 ATM by Art. 2]
(a)
The nursing home development is architecturally compatible with the surrounding neighborhood;
(b)
Traffic access to and from the development will not alter the character of the neighborhood;
(c)
Lighting will be of such design as not to disturb the tranquility of the neighborhood;
(d)
Outpatient and day-care facilities operate during reasonable hours;
(e)
The facility will not operate as a crisis center for drug addiction, alcoholism or the mentally disturbed;
(f)
Accessory commercial space on premises for the sole purpose of the nursing home occupants and employees will be operated and managed by the nursing home owners, and the same space will not be leased to outside businesses;
(g)
The nursing home structure shall not exceed two stories in height above grade;
(h)
The maximum density allowed is 16 beds per acre; and
(i)
The land to be developed for such use contains no less than five acres.
(2)
Charitable fund-raising events. A special exception may be granted for charitable fund-raising events operated by or on behalf of nonprofit organizations having a federal tax exemption, provided that:
(3)
Private educational facilities. A special exception may be granted to permit private educational facilities, with or without accessory uses, provided that:
(a)
Traffic access to and from the facility will not alter the character of the abutting residential neighborhood;
(b)
The development is architecturally compatible with the height, scale, color and detail of the surrounding residential neighborhood; and
(c)
The proposed facility will not adversely affect abutting properties by reason of undue light, noise, density of use, or other nuisance.
(4)
Day-care centers. A special exception may be granted to home-based day-care centers serving seven people to 15 people and other non-home-based centers, regardless of the number of people served, provided that:
(a)
Traffic access to and from the development will not alter the character of the abutting residential neighborhood;
(b)
The development is architecturally compatible with the height, scale, color and detail of the surrounding residential neighborhood;
(c)
Site plan approval or a site plan exemption is granted by the Planning Board; and
(d)
The size of the lot is appropriate to provide green space and play areas.
(5)
Commercial golf facilities. A special exception may be granted for traditionally full-sized golf courses and those accessory uses traditionally associated with this primary use, such as a clubhouse with a lounge and restaurant facility, professional shop, golf practice range, tennis courts and swimming pools, but not to include miniature golf, provided that the specific site is an appropriate location for such use, not only in context with the land to be dedicated to such use but in context with the surrounding land uses as well. The applicant shall dedicate a specific parcel(s) to the proposed facility, which shall not be used for residential density. In order to determine this, the following criteria shall be evaluated:
(a)
Property values. The applicant shall present information by a certified appraiser indicating that there will be no negative impact on abutting properties as a result of the proposed special exception;
(b)
Traffic. No traffic hazard will be created and traffic access will not alter the character of the neighborhood. The main access point shall be from an arterial road or collector road and not from neighborhood streets. The Zoning Board of Adjustment may consider the comments of the Town Planning Director in evaluating the traffic study. A traffic study shall be completed that shows the impact of the proposed development in its entirety on the nearest signalized intersection(s). For intersections that are of an overall level of service (herein "LOS") C or better, the LOS at the nearest signalized intersection(s) shall not fall below LOS C during the a.m. and p.m. peak hours as a result of the development. If LOS C cannot be maintained, the applicant shall make such changes as are necessary to bring the intersection to LOS C, provided that such improvements are acceptable to the Zoning Board of Adjustment. The applicant may choose to reduce the development so as to produce an acceptable LOS. If the LOS is already below C (D, E or F), the project shall only be approved if the LOS is brought up to D. The applicant may choose to reduce the development so as to produce an acceptable LOS;
[Amended 4-11-2017 ATM by Art. 2]
(c)
Nuisance/Hazards. The Zoning Board of Adjustment shall review the operation of the development, including noise, odors and any hazards associated with the use and location. If the Zoning Board of Adjustment determines that any hazards or nuisances cannot be overcome and are not customarily found in a residential neighborhood, the proposed use shall be denied;
(d)
Adequacy of private/municipal facilities. The Zoning Board of Adjustment shall review the proposed facilities, including drainage, sewer/septic, water, electric and other utilities, to ensure adequate provisions to meet the needs of the proposed development. It may consider the opinion of the Town Engineer in making this determination;
(e)
Design and architecture. The design and architecture of the proposed structure shall be reviewed by the Zoning Board of Adjustment to determine its compatibility with abutting residential structures. The scale, height, color and detail shall be similar to and/or aesthetically compatible with residential structures;
(f)
Lighting. The lighting plan shall be submitted to the Zoning Board of Adjustment for approval. No direct glare shall be permitted. Parking areas and walkways may be illuminated by luminaires so hooded or shielded as to not extend significantly beyond the parking and walkway areas;
(g)
Hours of operation. Hours of operation will be appropriate so as to not interfere with the abutting residential neighborhood by means of excess traffic in off-peak hours, unscreened lighting that disturbs residential uses and other factors that make the facility different from a residential neighborhood; and
(h)
Buffer. A perimeter buffer area adjacent to all abutting properties shall be left undisturbed if wooded and, if open, shall be planted with dense evergreen plantings. It shall be 100 feet in depth at a minimum unless a greater buffer is required by the Zoning Board of Adjustment due to the intensity of the use and interference with adjacent properties.
[Amended 4-11-2017 ATM by Art. 2]
(6)
Resort hotel. A special exception may be granted for a resort hotel and those uses traditionally associated with this use, provided that:
(a)
The resort hotel is constructed on and in conjunction with a commercial golf facility or with another recreational/resort use on the supporting acreage;
(b)
The minimum lot size for the lot supporting the combined commercial golf course and resort hotel shall be 200 acres, exclusive of that acreage that falls within the Wetlands Conservation District;
(c)
To the extent not previously satisfied in an approval for a commercial golf facility, the resort hotel and its site will comply with all of the conditions required for a commercial golf facility;
(d)
In addition to the buffer area required for commercial golf courses, the resort hotel building(s) shall be set back no closer than 1,000 feet to the boundary line of any other unaffiliated lot or roadway (An "unaffiliated lot or roadway" is a lot or roadway not owned or controlled by the applicant or its principals.); and
(e)
The number of guest rooms in the resort hotel will be dependent upon the acreage allocated to the combined facility/resort hotel lot, at a ratio of two acres per guest room.
(7)
Post offices. A special exception may be granted to permit a publicly or privately owned post office, provided that:
(a)
Traffic access to and from the site will not alter the character of the abutting residential neighborhood;
(b)
The post office is architecturally compatible with the surrounding residential district;
(c)
The proposed facility will not adversely affect abutting properties by reason of undue light, noise, density of use or decreased property values;
(d)
No portion of the building may be used for any purpose other than a post office;
(e)
At such time as the facility ceases to be used as a post office, the building and improvements shall either be razed or converted to a use allowed in the district; and
(f)
The minimum dimensional lot requirements (lot size, setbacks, frontage, etc.) may be increased by either the Zoning Board of Adjustment or the Planning Board if it is found that the aforementioned criteria cannot be met using minimum dimensional requirements.
(8)
Heliports. A special exception may be granted to permit private/noncommercial heliports as an accessory to any approved use. The requirement for a special exception to be granted under this subsection shall not be applied to the use of helicopters, or any other type of aircraft, being used on a temporary basis for such purposes as emergency response, medical necessity, ongoing construction projects that have been permitted by the Town of Conway, or temporary (fewer than seven days) news media coverage. Before a special exception for a heliport can be granted by the Zoning Board of Adjustment, the following conditions must be met:
(a)
The use of the site for a heliport shall not be offensive to the character of the neighborhood;
(b)
The use of the site for a heliport shall not decrease abutting property values. Evidence supporting property values must be submitted by any party with an interest in the granting of the special exception from a creditable source that is knowledgeable of land evaluation and property values;
(c)
Any site being considered to contain a heliport must be, at a minimum, five acres in size;
(d)
Other site dimensions, above and beyond the overall acreage requirement listed above, shall be sufficient to provide safety areas suitable to meet all FAA-suggested dimensions and requirements;
(e)
Before the Zoning Board of Adjustment considers any application for a special exception for this land use, all federal and state approvals which are required must be obtained by the applicant, with copies of these approvals submitted as part of the request for special exception; and
(f)
A major site plan approval shall be required of the applicant from the Planning Board for the heliport, which is accessory to an approved business. As a condition for the granting of the special exception, no use of the heliport may be engaged by the applicant until all conditions of the special exception, including a major site plan approval, have been satisfied by the applicant.[4]
(9)
A special exception may be granted for helicopter operations for construction and survey work, where no other practical method is available to do the work, and for special events such as the visit of a dignitary, recreational events such as ski, tennis, equine or golf events, or some other events of a short-term nature. No approval for a special exception shall be granted unless the ZBA makes a finding that the helicopter use will not constitute a nuisance or hazard to Town residents and their property.
(10)
Business development parks. A special exception may be granted for a business development park that provides educational and technical assistance as well as incubation space and infrastructure for new and existing business development, including roads, buildings, and other necessary infrastructure within the Residential/Agricultural District, provided the following conditions are satisfied:
(a)
The subject property must have some of its boundary within or contiguous with the boundary of a Highway or Village Commercial District.
[Amended 4-11-2017 ATM by Art. 2]
(b)
Arterial road. The business development park must front on and access an existing arterial road.
(c)
Setbacks. The minimum front, side and rear setbacks from all adjacent properties and roads shall be 100 feet.
(d)
Parking lots. Parking lots shall not exceed 20,000 square feet in gross area.
(e)
Nuisances; hazards. The applicant must demonstrate that the operations of the business development park, including noise, odors and any other expected hazards associated with the development, are consistent with that of a residential neighborhood.
(f)
Property values. The applicant shall provide a comprehensive report, by an appraiser licensed by the State of New Hampshire, which demonstrates that there will be no negative impact on abutting properties. This report shall be reviewed and comments will be provided by the Town Assessor.
(g)
Traffic study. The applicant must provide a traffic study, certified by a qualified engineer licensed by the State of New Hampshire, which clearly indicates the traffic impacts that would result from the project and improvements to the existing transportation infrastructure that would be necessary to ensure appropriate access and level of service. This report shall be reviewed and comments will be provided by the Town Engineer.
(h)
Buffer. A perimeter buffer area adjacent to all abutting properties and streets shall be left in its undisturbed natural state or, if disturbed, shall be replanted with indigenous species. The minimum buffer depth shall be 100 feet.
(i)
Recreation use. The business development park will construct a passive and active recreation trail system within the project for use by tenants of the business development park and the public. The trail system shall provide links to other existing or future publicly accessible trails adjacent to the property. The rate of trail system construction shall be, at least, consistent with the rate of development of the business development park. The recreation trails may cross the buffer only to connect with existing or future publicly accessible trails on adjacent properties and if they do not impair the effectiveness of the buffer.
(j)
Green space. Green space shall comprise not less than 35% of the total lot area, exclusive of wetlands, water bodies, the one-hundred-year floodplain and slopes over 25%.
(11)
Kennels. A special exception may be granted to permit kennels for transient (fewer than 30 days) housing of domestic animals or commercial breeding facilities for domestic animals, provided that:
(a)
The minimum lot size is two acres.
(b)
Animal housing areas, if indoors, shall be set back 40 feet from side and rear property lines and 60 feet from rights-of-way. Pastures/Outdoor exercise areas shall be set back 15 feet from any property line.
(c)
A written plan for the disposal/removal of animal waste must be submitted along with the application requesting the special exception from the Zoning Board of Adjustment. This plan must be approved by the Board as a condition of the special exception approval, if granted.
(d)
All animals shall be kept in an indoor area between the hours of 6:00 p.m. and 8:00 a.m.
(e)
The values of surrounding properties are not diminished.
[Added 4-11-2023 ATM by Art. 11]
(f)
There will be no nuisance to abutters and/or neighbors preventing the peaceful enjoyment of their property and home.
[Added 4-11-2023 ATM by Art. 11]
(g)
Additional conditions may be attached to this special exception by the Board of Adjustment consistent with the intent and purpose of this chapter to protect the health, safety, and general welfare of the Town's residents.
[Added 4-11-2023 ATM by Art. 11]
(h)
At no time shall noise from a kennel operation exceed 70 decibels when measured at a property line. Sound barriers or additional setback area may be required to limit sound impacts on abutting properties. At any time, the Town may demand noise levels be verified by a qualified engineer.
[Added 4-9-2024 ATM by Art. 17]
(12)
Wireless communication facilities. Wireless communication facilities may be allowed by special exception in the Residential/Agricultural District, on application to the Zoning Board of Adjustment as approved after a hearing with appropriate conditions imposed thereon, provided that:
(a)
Since the visual impact of wireless communication facilities can transcend Town lines, communities that may be visually affected shall be formally notified of applications for such proposed facilities as projects having regional impact.
(b)
The applicant must demonstrate that every reasonable effort has been made to cause the facility to have the least possible visual impact on the Town at large, including demonstration of realistic analysis of multiple sites, the need for the proposed height, and any impact on significant roadside viewpoints.
(c)
Any wireless communication facility shall be designed to accommodate multiple providers of communication services and will only be approved under the condition that the primary developer of the facility will make the facility available upon reasonable terms, by lease or other legal instruments, to other wireless communication services.
(d)
The Board of Adjustment may request detailed plans from the applicant and may, at the expense of the applicant, engage the services of professional consultants to review and comment on the proposal, and testimony of the applicants or their agents relating thereto.
(13)
Mobile homes. The Zoning Board of Adjustment may grant a special exception for a mobile home on a lot on which a single-family residential structure exists if the following conditions are met:
(a)
The mobile home shall be occupied only as the usual residence of the immediate family, including grandparents, parents and children, of the owner and/or spouse of the primary single-family residential structure on the lot, and the lot shall be at least one acre if served by municipal water and sewerage and at least two acres in all other cases; or the mobile home shall be occupied as the usual residence of a full-time agricultural employee and his immediate family, and the single-family residence shall be part of an owner-operated farm of 25 acres or more.
(b)
The special exception shall terminate on a change of ownership or occupancy of either the mobile home or the primary residential structure.
(c)
A permit shall be obtained from the Selectmen or their agent, which shall be renewed yearly to ensure compliance with the above conditions.
(14)
Commercial solar. A special exception may be granted for a commercial solar or large commercial solar collection system provided the following conditions are satisfied:
[Added 5-12-2020 ATM by Art. 3]
(a)
Elevation. In order to protect the Town's viewsheds and scenic upslopes no commercial solar collection system may be located on land at or above 600 feet in elevation, referenced to the North American Vertical Datum of 1929. The applicant shall demonstrate on a plan certified by a New Hampshire licensed land surveyor that no part of the solar collection system is on land above the six-hundred-foot elevation limit.
(b)
Setbacks. The minimum front setback from roads shall be 100 feet; side and rear setbacks from all adjacent properties shall be 50 feet. The applicant shall show the setback lines on a plan certified by a New Hampshire licensed land surveyor.
(c)
Buffer. A perimeter buffer area adjacent to all abutting properties and roads shall be left in its undisturbed natural state if it provides a year-round visual barrier from abutting properties and roads or it shall be replanted with a mix of indigenous coniferous and deciduous species to create a year-round visual barrier from abutting properties and roads. The minimum buffer depth shall be 50 feet. The applicant shall show the buffer area on a plan certified by a New Hampshire licensed land surveyor.
(d)
Land clearing. Land clearing shall be limited to what is necessary for the installation and operation of the system and to insure sufficient all-season access to the solar resource given the topography of the land. Following construction, cleared land areas must be restored with native species that are consistent with the use of the site as a solar collection system (such as slow growth or low ground cover). Erosion control measures during construction shall be detailed as required.
(e)
The applicant shall provide a detailed pre-construction and post-construction plan identifying existing vegetation and areas to be cleared with specific identification of locations of buffer areas adjacent to abutting properties and roads. The post construction plan must also demonstrate compliance with vegetation restoration requirements.
(f)
The applicant shall provide a statement detailing potential significant glare onto abutting properties, structures and roadways estimating the interaction of sun to panel angle, time of year and visibility locations.
(g)
The applicant shall provide an evaluation of the view impacts from elevated viewpoints from which the facility is likely to be seen. This shall include but is not necessarily limited to views from recognized recreational trails, roadways and scenic vistas.
(h)
The applicant shall provide estimates of any equipment noise on the site based on equipment specification materials. The applicant shall also demonstrate that noise levels at the property line shall not exceed 50 dBA.
(i)
Existing utility infrastructure. The applicant must demonstrate that the existing utility infrastructure has the capacity to host the proposed facility and assure the Board that no substantive changes to the off-site infrastructure (including but not necessarily limited to increased size or height of poles or towers, increased number of poles or towers, or new or expanded utility easements) would result from the proposed solar collection system. This provision shall not apply to required poles, infrastructure and easements that are exclusively part of the utility interconnection approval for the system. Additionally, upgraded infrastructure that is required as part of increasing reliability and service to abutting properties as part of utility approvals is exempt provided any additional poles are limited to Class 1-50. Larger poles and towers shall require ZBA approval.