Conway City Zoning Code
§ 190-16
North Conway Village Residential NCVR District.
The NCVR District is primarily designed to accommodate a mix of uses that complement the Village's residential neighborhoods. This area is generally serviced by municipal water and sewer services, thereby accommodating higher densities in the order of two units to four units per acre. Domestic farm animals are specifically prohibited in this district. Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries.
(1)
The NCVR District shall have the following bounds (Map and Parcel numbers refer to 2003 Town of Conway Tax Maps):
Commencing at a point on the center line of Kearsarge Road adjacent to the northeast corner Map 214, Parcel 23.1; thence southerly along the center line of Kearsarge Road to the intersection of the center line of Skimobile Road;
thence easterly along the center line of Skimobile Road to a point adjacent to the northeast corner of Map 219, Parcel 106; thence southerly in a straight line through the northeast corner of Map 219, Parcel 106 to the southeast corner of Map 219, Parcel 106; thence westerly and southerly along the western boundary of Map 219, Parcel 105 to the northeast corner of Map 219, Parcel 186; thence southerly along the eastern boundary of Map 219, Parcel 186 to the southeast corner of Map 219, Parcel 186;
thence westerly along the northern boundary of Map 219, Parcel 218 to the southeast corner of Map 219, Parcel 199; thence westerly, northerly and westerly along the southern boundary of Map 219, Parcel 199 to the southwest corner of Map 219, Parcel 199; thence westerly in a straight line traversing Map 219, Parcel 211 to the center line of the North-South Road;
thence northerly along the center line of the North-South Road and continuing along the center line of Map 202, Parcel 150 (former Main Central Railroad ROW) to a point adjacent to the southwest corner of Map 214, Parcel 31; thence easterly along the southern boundary of Map 214, Parcel 31 to the northeast corner of Map 214, Parcel 23.3; thence southerly along the eastern boundary of Map 214, Parcel 23.3 to the northwest corner of Map 214, Parcel 23.2; thence easterly along the northern boundary of Map 214, Parcels 23.2 and 23.1, and continuing in a straight line to the point of commencement.
(2)
District map. The NCVR 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;5-12-2020 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 of Adjustment at the 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 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, except wind energy systems permitted in accordance with Chapter 179 of the Conway Code.
[Amended 4-11-2017 ATM by Art. 2]
(2)
Building height shall not exceed 45 feet.
(3)
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 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 home occupation may display a sign conforming to Subsection F(10)(l) above.
[Amended 4-11-2017 ATM by Art. 2]
(8)
A change-of-use permit to operate a home occupation is required before startup of operation.
(9)
Retail or wholesale sales are only permitted for those items raised or made on the premises.
(10)
A home occupation shall not be offensive to the character of the neighborhood or decrease abutting property values.
H.
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]
I.
Mobile homes, travel trailers and recreational vehicles.
(1)
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.
(2)
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]
(3)
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.
J.
Special exceptions. The following land uses shall be allowed if granted a special exception by the Zoning Board of Adjustment:
(1)
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.
(2)
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.
(3)
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.
(4)
Helicopters. 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.