Conway City Zoning Code
§ 190-20
Highway Commercial HC District.
[Amended 4-14-2015 ATM by Arts. 2, 3 and 4; 4-14-2015 ATM by Art. 5; 4-12-2016 ATM by Art. 3; 4-12-2016 ATM by Art. 4; 4-12-2016 ATM by Art. 7; 4-11-2017 ATM by Art. 2; 4-10-2018 ATM by Art. 2; 4-10-2018 ATM by Art. 3; 4-9-2019 ATM by Art. 2; 4-9-2019 ATM by Art. 3; 5-12-2020 ATM by Art. 4; 5-12-2020 ATM by Art. 5; 4-13-2021 ATM by Art. 5; 4-12-2022 ATM by Art. 5; 4-11-2023 ATM by Art. 12; 4-9-2024 ATM by Art. 21; 4-9-2024 ATM by Art. 18; 4-8-2025 ATM by Art. 2; 4-8-2025 ATM by Art. 3; 4-8-2025 ATM by Art. 4; 4-8-2025 ATM by Art. 5,6; 4-8-2025 ATM by Art. 7; 4-8-2025 ATM by Art. 8]
The HC District is primarily designed to accommodate a compatible mixture of uses that complement commercial and residential uses typically associated with transportation corridors, large traffic flows and convenient access. The areas of this district that are serviced by municipal water and sewer can accommodate development at higher densities. Uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries. The HC District shall have the following bounds:
(1)
Conway Village Area South of the Saco River.
(a)
The HC District in the Conway Village area south of the Saco River shall have the following bounds (Map and Parcel numbers refer to 2003 Town of Conway Tax Maps):
Commencing at the point of intersection of the center lines of Route 16 and Map 277, Parcel 322 (Conway Scenic Railroad); thence southwesterly along the center line of Map 277, Parcel 322 (Conway Scenic Railroad) to the Albany Town Line;
thence northerly along the Albany Town Line to a point 400 feet northwesterly of the center line of Route 16; thence northeasterly parallel with and 400 feet from the center line of Route 16 to the eastern boundary of Map 277, Parcel 265; thence southeasterly along the eastern boundary of Map 277, Parcel 265 to the northern boundary of the Route 16 ROW; thence northeasterly along the northern boundary of the Route 16 ROW and continuing on the same bearing to the western boundary of Map 277, Parcel 271;
thence northerly along the western boundary of Map 277, Parcel 271 and Map 264, Parcel 23 to the northwest corner of Map 264, Parcel 23; thence easterly along the northern boundary of Map 264, Parcel 23 and continuing on the same bearing to the center line of Towle Road; thence northerly along the center line of Towle Road to the center line of Route 112 (Kancamagus Highway); thence southerly along the center line of Route 112 (Kancamagus Highway) to the center line of Route 16, and thence easterly along the center line of Route 16 to the point of commencement.
(b)
District map. The HC District Map, consisting of areas south of the Saco River, is included as an attachment to this chapter.
(2)
Conway Village area north of the Saco River.
(a)
The HC District in the Conway Village area north of the Saco River 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 Route 16 adjacent to the northwest corner of Map 262, Parcel 72; thence easterly through the northwest corner of Map 262, Parcel 72, along the northern boundary of Map 262, Parcel 72 and continuing on the same bearing to a point 400 feet from the center line of Route 16; thence southerly parallel with and 400 feet from the center line of Route 16 to the northern shore of the Saco River; thence westerly along the northern shore of the Saco River to the center line of East Side Road;
thence northerly along the center line of East Side Road to a point 400 feet northwest of the center line of Route 16; thence northerly parallel with and 400 feet from the center line of Route 16 to the southern boundary of Map 262, Parcel 64.01; thence easterly along the southern boundary of Map 262, Parcel 64.01 to the southern boundary of Map 262, Parcel 65; thence easterly along the southern boundary of Map 262, Parcel 65 and continuing on the same bearing to the center line of Route 16, and thence northerly along the center line of Route 16 to the point of commencement.
(b)
District map. The HC District Map, consisting of areas north of the Saco River, is included as an attachment to this chapter.
(3)
North Conway area south of North Conway Village.
(a)
The HC District in the North Conway area south of North Conway Village shall have the following bounds (Map and Parcel numbers refer to 2003 Town of Conway Tax Maps as amended):
Commencing at the point on the thread of Kearsarge Brook 500 feet easterly of the center line of Route 16; thence southerly parallel with and 500 feet from the center line of Route 16 to the center line of Locust Lane; thence easterly along the center line of Locust Lane and continuing on the same bearing to the center line of the North-South Road; thence southerly along the center line of the North-South Road to a point adjacent to the southeast corner of Map 230, Parcel 51;
thence westerly through the southeast corner of Map 230, Parcel 51 and continuing along the southern boundary of Map 230, Parcel 51 to a point 500 feet from the center line of Route 16; thence southerly parallel with and 500 feet from the center line of Route 16 to the northern boundary of Map 235, Parcel 35; thence easterly along the northern boundary of Map 235, Parcel 35 to the center line of the North-South Road; thence southerly along the center line of the North-South Road to a point adjacent to the southeast corner of Map 235, Parcel 35; thence westerly through the southeast corner of Map 235, Parcel 35 and continuing along the southern boundary of Map 235, Parcel 35 to a point 500 feet from the center line of Route 16;
thence southerly parallel with and 500 feet from the center line of Route 16 to the northerly boundary of Map 235, Parcel 78; thence easterly along the northerly boundary of Map 235, Parcel 78 to its easterly boundary, common with the westerly boundary of Map 235, Parcel 70; thence southerly along the easterly boundary of Map 235, Parcel 78 and continuing to the southerly boundary of the Puddin' Pond Drive ROW; thence in a general westerly, then southerly direction along the southerly boundary of the Puddin' Pond Drive ROW to the northwest corner of Map 235, Parcel 82; thence easterly along the northern boundary of Map 235, Parcel 82 to the northeast corner of Map 235, Parcel 82, and following the same bearing to the center line of Map 219, Parcel 211 (former Maine Central Railroad); thence southerly along the center line of Map 219, Parcel 211 (former Maine Central Railroad) to a point adjacent to the southwest corner of Map 252, Parcel 31;
thence northeasterly through the southwest corner of Map 252, Parcel 31 to the southwest corner of Map 252, Parcel 42; thence traversing Map 252, Parcel 42 easterly in a straight line to the northwest corner of Map 252, Parcel 47; thence southerly along the western boundary of Map 252, Parcel 47 and continuing on the same bearing to the center line of Map 219, Parcel 211 (former Maine Central Railroad); thence southeasterly along the center line of Map 219, Parcel 211 (former Maine Central Railroad) to the center line of East Conway Road; thence westerly along the center line of East Conway Road and continuing on the same bearing to a point on the western boundary of Map 252, Parcel 2
thence northerly along the wester boundary of Map 252, Parcel 2 to the southerly corner of Map 252, Parcel 62; thence northerly along the eastern boundary of Map 252, Parcel 62 to a point at the westerly corner of Map 252, Parcel 19 and the southerly corner of Map 252, Parcel 20; thence running on a straight line southwesterly traversing Map 252, Parcel 62 to the northeasterly corner of Map 252, Parcel 60; thence along the northwestern boundary of Map 252, Parcel 60 to the centerline of Eagles Way; thence northwesterly along the centerline of Eagles' Way to a point where an extension of the southern boundary line of Map 246, Parcel 17 intersects with the centerline of Eagles Way;
thence westerly in a straight line to the southeast corner of Map 246, Parcel 17; thence westerly along the southern boundary line of Map 246, Parcel 17 and continuing on the same bearing to the center line of Route 16; thence northerly along the center line of Route 16 to the intersection of the center line of Shaws Way;
thence west to a point 500 feet from the center line of Route 16; thence northerly parallel with and 500 feet from the center line of Route 16 to the southwestern boundary of Map 246, Parcel 20.001; thence northwesterly along the southwestern boundary of Map 246, Parcel 20.001 to the western boundary of Map 246, Parcel 22; thence northwesterly, southerly and westerly along the boundary of Map 246, Parcel 22 to the eastern shore of the Saco River; thence northerly along eastern shore of the Saco River to the center line of Map 218, Parcel 35 (Conway Scenic Railroad); thence northerly along the center line of Map 218, Parcel 35 (Conway Scenic Railroad) to the thread of Kearsarge Brook, and thence easterly along the thread of Kearsarge Brook to the point of commencement.
(b)
District map. The HC District Map, consisting of areas south of North Conway, is included as an attachment to this chapter.
(4)
North Conway area north of North Conway Village.
(a)
The HC District in the North Conway area north of North Conway Village shall have the following bounds (Map and Parcel numbers refer to 2003 Town of Conway Tax Maps):
Commencing at the intersection of the center line of Route 16 and the Bartlett Town Line; thence easterly along the Bartlett Town Line to a point 300 feet from the center line of Route 16; thence southerly parallel with and 300 feet from the center line of Route 16 to the northern boundary of Map 215, Parcel 58; thence easterly along the northern boundary of Map 215, Parcel 58 and the southern boundary of Map 215, Parcel 51 to the southeast corner of Map 215, Parcel 51; thence northerly to the northeast corner of Map 215, Parcel 51;
thence easterly along the northern boundary of Map 215, Parcel 61 to the center line of Map 215, Parcel 81 (Conway Scenic Railroad); thence southerly along the center line of Map 215, Parcel 81 (Conway Scenic Railroad) to a point 300 feet from the center line of Route 16; thence northerly parallel with and 300 feet from the center line of Route 16 to the thread of Randall Brook; thence southerly along the thread of Randall Brook to the center line of River Road; thence southerly in a straight line to the northwest corner of Map 218, Parcel 52; thence southerly along the western boundary of Map 218, Parcel 52 to a point 200 feet from the center line of River Road;
thence westerly parallel with and 200 feet from the center line of River Road to the western boundary line of Map 218, Parcel 53; thence northerly along the western boundary line of Map 218, Parcel 53 and continuing on the same bearing to the center line of River Road; thence westerly along the center line of River Road to a point adjacent to the southeast corner of Map 215, Parcel 8; thence northerly in a straight line to the southeast corner of Map 215, Parcel 8;
thence northerly along the eastern boundary of Map 215, Parcel 8 to the southern boundary of Map 215, Parcel 33; thence westerly along the southern boundary of Map 215, Parcel 33 to the eastern shore of the Saco River; thence northerly along the eastern shore of the Saco River to the thread of Foster Brook; thence northerly along the thread of Foster Brook to the thread of Trout Brook; thence northerly along the thread of Trout Brook to the Bartlett Town Line, and thence easterly along the Bartlett Town Line to the point of commencement.
(b)
District map. The HC District Map, consisting of areas north of North Conway Village, 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)
Lots serviced by a municipal water system and a municipal sewerage system which qualify as infill development shall have at least 10,000 square feet per unit.
(4)
The minimum lot size for keeping domestic farm animals shall be one acre.
(5)
All other lots shall have at least one acre for each unit that may be located thereon.
C.
Structure lot coverage shall not exceed 15% of total buildable area for new development. Parcels designated for the primary use of non-transient residential occupancy or infill development are not subject to structure lot coverage limitations.
D.
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:
E.
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 the 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 10 feet.
F.
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 45 feet for any structure, except wind energy systems permitted in accordance with Chapter 179 of the Conway Code. For properties located in the North Conway area north of North Conway Village, structure height shall not exceed 40 feet.
(2)
Building height shall not exceed 35 feet. For properties located in the North Conway area north of North Conway Village and structures on the western side of White Mountain Highway, building height shall not exceed 30 feet. 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:
G.
Conditional use permits. Conditional use permits (CUP) may be granted by the Planning Board to allow increases to structural lot coverage and unit density standards. Approval of a CUP is dependent on the applicant meeting specific conditions and demonstrating that proposals maintain the character, scope, and scale of neighboring properties.
Prior to submission of a formal Planning Board application, any proposal requesting a CUP shall be subject to design review. A formal application will not be considered complete without preliminary review.
(1)
Adaptive reuse. Adaptive reuse projects are intended to revitalize existing structures which will include restricted non-transient residential units in all or any portion of an eligible structure.
(a)
Adaptive reuse eligible structures. The provisions of this conditional use permit shall apply to all or any portion of an existing structure constructed prior to 1978 or vacant for a period of at least 10 years.
(b)
Density.
[1]
Eligible structures with a footprint of 10,000 square feet or less, shall not be subject to unit density requirements of the underlying district. All units associated with the density relief shall be restricted for non-transient residential occupancy.
[2]
For eligible structures with a footprint of greater than 10,000 square feet, density of dwelling units restricted for non-transient residential occupancy shall not exceed 18 units per acre.
[3]
Proposed unit counts may be reduced by the Planning Board if potential impacts to the community cannot be mitigated other than by reducing site density.
[4]
Dwelling units not associated with an eligible structure or commercial units, proposed or existing, must meet the density requirements of the underlaying district.
(c)
Minimum floor area. New dwelling units shall be a minimum of 450 square feet. Floor area shall not include hallways or other common areas, or rooftops, balconies, terraces, fire escapes, or other projections or surfaces exterior to the walls of the building.
(d)
All units must be connected to municipal water and sewer.
(e)
Adaptive reuse projects shall be within the existing eligible structure.
(f)
Structures which are greater than 50 years of age must provide a review completed by NH Division of Historical Resources. The Planning Board may require historically significant properties to maintain or restore valuable architectural qualities and design features.
(g)
Findings. In addition to other requirements of this chapter or other applicable regulations, including Site Plan and Subdivision review, the Planning Board shall also find:
[1]
The proposed Adaptive Reuse Project will not be detrimental to the safety, value, or welfare of surrounding properties or residence;
[2]
That the Adaptive Reuse Project will be designed to current building code standards; and
[3]
The Adaptive Reuse Project aligns with the intent of the Master Plan and is determined a benefit to the community.
(2)
The Planning Board may grant a conditional use permit to allow up to 14 dwelling units per acre in the Highway Commercial District with the following conditions:
(a)
75% of the units shall be designated as non-transient occupancy. Units must be restricted for a period of 30 years from the date of certificate of occupancy issuance. The applicable restriction shall be recorded at the Carroll County Registry of Deeds as evidence of the same.
(b)
All lots must be serviced by municipal water and municipal sewerage.
(c)
Non-transient residential units shall have a minimum occupiable floor area of 450 square feet. Floor area shall not include hallways or other common areas, or rooftops, balconies, terraces, fire escapes, or other projections or surfaces exterior to the walls of the building.
(d)
The Planning Board may require additional site improvements to ensure livability factors are considered such as access to useable greenspace, pedestrian infrastructure, or other improvements to create dwelling units which are oriented toward the well-being of the residents.
(3)
Structural lot coverage and density incentives. The below incentives are intended to allow additional structural lot coverage when specific site design features are included in new development proposals. The incentives may be cumulative but shall conform with all applicable Chapter 110, Site Plan Review or Chapter 130, Subdivision Regulations including greenspace and buffer setbacks. Minimum standards for conditional use defined as follows:
(a)
The development will not be detrimental to the safety, value, or welfare of surrounding properties or residence;
(b)
Increases to lot coverage will not have a detrimental impact to the environment or viewsheds;
(c)
The development aligns with the intent of the Master Plan and is determined to fit within the scale of the community.
In addition to the minimum standards for conditional use, one or more of the structural lot coverage incentives, as defined in § 190-20G(3)(d) through (j), must be met: |
(d)
Mixed-use development.
[1]
Mixed-use units must meet the standards for specific use as defined in § 190-20I(1);
[2]
Existing and proposed developments which incorporate new mixed residential and commercial uses, may be permitted an additional structural lot area coverage of 2.5% for each dwelling unit within a mixed-use development;
[3]
Mixed-use units shall be designated for non-transient residential use and accessory to a primary commercial use.
(e)
Developments with a primary vehicular access on collector or local roads which direct vehicles to signalized or adequately controlled intersections may be permitted up to a 10% increase in structural lot coverage.
[1]
A traffic study must be provided to demonstrate potential traffic impacts and the ability for congestion to be mitigated.
[2]
The applicant must also demonstrate that collector or local roads would not be overburdened with increased traffic flow. Off-site improvements may be necessary to address impacts to infrastructure, provide traffic calming measures, or complete necessary intersection upgrades.
(f)
Developments which provide shared parking for a minimum of 25% of the on-site parking demand may be permitted up to a 5% increase in structural lot coverage.
[1]
The applicant must provide easements or other legal documentation to demonstrate the shared parking rights.
[2]
The total number of parking spaces must meet alternative parking standards set by Site Plan Review; 110-21.A, Parking, and demonstrate that sufficient parking will exist for all associated uses.
(g)
Developments which create pedestrian focused infrastructure meeting the following standards may be permitted up to a 10% increase in structural lot coverage:
[1]
A connection must be made to off-site public pedestrian infrastructure if available. This may require off-site improvements.
[2]
Onsite pedestrian infrastructure must be separated from vehicular traffic by curbing or a minimum five-foot vegetated buffer.
[3]
Site design is pedestrian focused. This is intended to limit road or driveway impervious coverage and create primarily centralized parking areas.
[4]
Crosswalks, tip downs, and ADA compliance must be designed to NHDOT standards.
(h)
Developments which meet the stormwater standards as defined in § 190-28D; Wetland and Watershed Protection Overlay District, may be permitted up to a 5% increase in structural lot coverage.
(i)
Developments with legally existing nonconforming site features such as, signage, curb-cut dimensions, lighting, or greenspace, may be permitted up to a 10% increase in structural lot coverage when site features are voluntarily brought into conformance with current standards.
[1]
The percentage of additional structural lot coverage granted will be determined on the significance of the nonconformity being abandoned. Higher percentages, up to 10%, may be granted when conformance clearly mitigates an impact to an abutter or the community.
(j)
Transfer of developmental rights.
[1]
The purpose of the transfer of development rights incentive is to balance new impervious coverage with the protection of watersheds and drinking water sources within the Town of Conway.
[2]
Developments may elect to purchase credits to increase the permitted structural lot coverage as defined in § 190-20.C. The Development Transfer Credits shall be obtained and utilized pursuant to Chapter 144, Transfer of Development Rights.
[3]
Development transfer credits must be used to obtain structures or land area within the floodplain; preserve or restore shoreland, wetland and waterbodies buffers; or protect drinking water sources within the Saco or Swift River watershed in the Town of Conway.
[5]
The transfer of development rights incentive may only be utilized following the Selectboard posting the development transfer fee to the Schedule of Fees.
H.
Developments of significant use.
(1)
Individual structural footprints exceeding 12,000 square feet north of North Conway Village Commercial District or 18,000 square feet in the remainder of the Highway Commercial District shall meet the following standards:
(a)
Maintain a minimum front setback of 100 feet from White Mountain Highway.
(b)
The Planning Board may require a structure setback of up to 50 feet from any existing or approved residential use on an adjacent parcel for the purpose of reducing visual, noise, or other potential impacts.
(c)
Regardless of State or Town ownership of the road which access is to be taken, a traffic impact analysis must be developed by a qualified traffic engineer and approved by the Town.
(d)
All other structures are subject to setbacks, greenspace, and buffer requirements of the underlying district and as stated in Chapter 110, Site Plan Review.
(e)
Additional principle uses.
[1]
Multiple principle uses proposed on sites which may include new or existing hotel developments, and are determined to be considered new developments must be considered compatible uses. If permitted, the Planning Board may require vegetated screening or buffers up to 50 feet between proposed uses;
[2]
Proposals intending to develop a parcel with multiple principle uses which may include new or existing hotel developments must submit a master plan of the site prior to approval of an application for new development. The intention of this regulation is to anticipate and plan for future development. Subsequent applications may be denied without prior approval of a site master plan;
(2)
Charitable gaming facilities:
(a)
A minimum lot area of four acres and a structure setback of 1,000 feet from any existing or approved residential, school, public land, or religious use is required.
(b)
The use shall be visually screened from any public right-of-way.
(c)
The gaming floor shall not exceed 1,000 square feet.
(d)
Requirements apply to charitable gaming facilities as a primary or accessory use.
(3)
Drive through establishments:
(a)
Stacking of vehicles must be screened to the highest extent practical;
(b)
Stacking must be clearly represented in a traffic study when Site Plan Review is required. Traffic impacts must be mitigated to allow for adequate traffic flow to be managed on site;
(c)
Communication and menu displays shall be situated at the rear of the structure for new development and otherwise entirely screened;
(d)
Drive-thru establishments must utilize alternative parking standards to limit parking and impervious coverage to the maximum extent practical.
(e)
Digital menu boards are only permitted in the Highway Commercial District.
I.
Standards for specific use.
(1)
Mixed use development.
(a)
All residential units within a mixed-use development must be designated as non-transient residential occupancy and be an accessory to a primary commercial use. Property owners are encouraged to create housing opportunities above first floor commercial uses.
(b)
Residential units within a mixed-use development must be restricted for a period of 30 years from the date of certificate of occupancy issuance. The applicable restriction shall be recorded at the Carroll County Registry of Deeds as evidence of the same.
(c)
The maximum number of all units created on a parcel shall be determined by the density of the underlying zone. Additional density may be acquired as defined in chapter 195, Inclusionary Housing.
(d)
New dwelling units must have a minimum square footage of 450 feet, not including hallways or other common areas, or rooftops, balconies, terraces, fire escapes, or other projections or surfaces exterior to the walls of the building.
(e)
All aspects of the design must be architecturally compatible with surrounding uses and structures. This includes designing for a scale and site layout which complements surrounding neighborhoods.
(f)
The Planning Board may institute a fifty-foot buffer between commercial and residential uses which abut or are within the subject parcel.
(g)
Mechanical equipment or commercial uses in close proximity to any dwelling unit must be adequately screened to provide access which is safe and free from any nuisance activity including noise or visual pollution.
(h)
All uses on-site are compatible as determined Planning Board. The review of site compatibility shall ensure the current or future uses will be able to sustain safe conditions which promote a high quality of life. The Planning Board may require additional site improvements to ensure livability factors are considered such as access to useable greenspace, pedestrian infrastructure, or other improvements which blend the commercial and residential uses to create dwelling units which are oriented toward the well-being of the resident.
(2)
Accessory dwelling units (ADU).
(a)
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.
[1]
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:
[2]
The accessory dwelling unit is designed to ensure architectural compatibility with the neighborhood.
[3]
Sufficient parking is located on site with a minimum of one space per accessory dwelling unit.
[4]
The primary single-family dwelling, duplex, and accessory dwelling units, as applicable shall be designated for non-transient residential use, 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.
J.
Signs.
(1)
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.
(2)
Freestanding sign. There shall be no more than one freestanding sign per lot, except that where a lot fronts on two or more public rights-of-way and has two entrances at least 500 feet apart, two freestanding signs shall be permitted.
(a)
The size of the message area shall not exceed 40 square feet.
(b)
The height of the message area shall not exceed 15 feet above the undisturbed ground.
(c)
The width of the message area shall not exceed 12 feet.
(d)
Setbacks.
[1]
The minimum 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 five feet from all other property boundaries.
[2]
Freestanding sign setbacks may be reduced to 10 feet from a platted right-of-way if the size of the message area is reduced to 30 square feet maximum. This provision does not apply to 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. All of the dimensional requirements, except the size of the message area and the minimum front setback, shall be required of these signs.
(e)
Projecting signs, including sign structure, not to exceed 20 square feet in the Highway Commercial Districts, are permitted in lieu of a freestanding sign. The sign shall be at least 10 feet above the ground; the top of the sign shall be no more than 15 feet above the ground.
(f)
The Zoning Officer may approve the following:
[1]
For two or more businesses located in a single building or within attached buildings and where the businesses share a common pedestrian entrance, an additional freestanding sign may be permitted for use as a directory sign, provided that the following conditions are met:
[a]
The sign shall be used only to identify and locate businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The height of the message area shall not exceed 20 feet above the undisturbed ground;
[d]
The sign shall meet all setbacks; and
[e]
The additional wall sign permitted by special exception under Subsection F(3)(c)[2] is not used.
[2]
Where existing buildings are set back from the right-of-way less than the setback required for freestanding signs in Subsection F(1), the right-of-way setback of the freestanding sign may be reduced from 25 feet to any lesser amount down to five feet, provided that the following conditions are met:
[a]
The message area shall be reduced to not more than 20 square feet;
[b]
The sign shall not obstruct vehicular or pedestrian traffic;
[c]
The sign shall not obstruct the line-of-sight for traffic entering or exiting the site; and
[d]
The sign shall not unduly obstruct the visibility of other signs or property in the area.
(g)
One appendage may be attached to a freestanding or projecting sign, and the message area of this appendage shall be considered part of the total message area of the sign. No appendage shall be permitted on supports or directional signs.
(3)
Wall sign. For lots without multiple commercial tenants, each lot shall be permitted one wall sign. For lots with multiple commercial tenants, each commercial tenant shall be permitted one wall sign. All wall signs shall be located on a wall which is common to both the interior and exterior of the business identified by the sign. The height of the message area shall not exceed the greater of 20 feet from the undisturbed ground or a height equal to 75% of the total height of the building, nor shall it exceed the height of the wall to which it is attached. The message area of the wall sign shall be based on the following formulas, subject to increase by bonus granted per Subsection F(12)(c).
(a)
For floor areas up to and including 50,000 square feet, the maximum message area shall be calculated as follows: 20 + (total square feet floor area X 0.0016).
(b)
If the floor area of the business is greater than 50,000 square feet, the maximum wall sign message area shall be 100 square feet. A business with a floor area greater than 50,000 square feet shall be permitted one additional wall sign if it has two or more exterior public or customer entrances, excluding emergency entrances that are at least 20 feet apart. The message area of the second wall sign shall not exceed 20 square feet.
(c)
The Zoning Officer may approve the following:
[1]
For a major business in a shopping center or mall that does not have wall frontage facing its primary parking lot, one additional wall sign may be permitted, provided that the following conditions are met:
[2]
For two or more businesses located in a single building or within attached buildings and where the businesses share a common pedestrian entrance, an additional wall sign may be permitted, subject to the following:
[a]
The sign shall be used only to identify and locate the businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The sign shall be located immediately adjacent to the common entrance; and
[d]
The additional freestanding sign permitted by special exception under Subsection F(2)(f)[1] is not used.
(4)
Signs in platted ROW. Except as otherwise permitted below, no signs shall be permitted within any platted right-of-way:
(5)
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:
(6)
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:
(7)
Signs exempt from property line setbacks and no permit required:
(a)
Signs with a message area of one square foot or less which bear only property numbers, post office numbers, names of occupants of the premises, other noncommercial identification, or with one of the following messages: "open"; "closed"; "vacancy"; or "no vacancy."
(b)
Directional signs with a message area of four square feet or less, to indicate entrance and/or exit driveways.
(c)
Business name and directional signs with a message area of three square feet or less which are located over doorways. Such signs may project from the wall surface.
(d)
One portable A-frame sign per lot of record is permitted in the district. It may be displayed during business hours only, it shall have a message area of six square feet or less, no illumination of the sign is permitted, and no appendages to the sign are permitted.
(e)
Window signs with a sign area that does not exceed 50% of the window area are permitted. Window signage that exceeds 50% of the window area is prohibited.
(f)
Non-illuminated sign advertising the sale or lease of the premises upon which the sign is located, with a message area of 16 square feet or less.
(g)
Special promotional signs for special events as approved by the Board of Selectmen with a message area of 40 square feet or less.
(i)
A home occupation may display a non-illuminated outdoor sign not exceeding three square feet in size.
(8)
Signs subject to property line setbacks and no permit required:
(9)
Permit required for all other signs.
(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.
(14)
Sign incentives. The purpose of these sign incentives is to reduce visual clutter and distraction from the natural environment caused by signs. This system offers design and size bonuses as a means of encouraging certain site and sign designs.
(a)
Any freestanding, projecting or wall sign which conforms to all provisions of this chapter shall be permitted to utilize up to 20% of the maximum permitted message area for changeable copy.
(b)
A freestanding sign which conforms to all provisions of this chapter shall be permitted to increase its message area by up to 20 square feet above that otherwise permitted under this chapter if the lot has at least 300 feet but less than 500 feet of frontage on a Class V or better road; or by up to 40 square feet above that otherwise permitted under this chapter if the lot has 500 feet or more of frontage on a Class V or better road. In no case, however, shall such increases cause any sign message area to exceed 80 square feet. The applicant shall submit a satisfactory written declaration, to be recorded at the Carroll County Registry of Deeds, in which the owner, its heirs, successors and assigns agree that, if the frontage of the property is subsequently reduced below that amount required for the bonus granted, the sign shall be removed or replaced with a sign which fully conforms with the provisions of this chapter; and that no subdivision of a lot shall be permitted unless a freestanding sign erected under this provision continues to conform to this provision; and such agreement must be legally enforceable by the Town of Conway.
(c)
On a site where the freestanding sign conforms to all provisions of this chapter, the maximum wall sign message area permitted per Subsection F(3) may be increased by 50%.
K.
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(7)(m) above.
(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.
L.
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.
M.
Yard sales. Yard sales shall be permitted, provided that no one household holds sales on more than six days per calendar year.
N.
Mobile homes, travel trailers and recreational vehicles. One mobile home used as a residential unit is permitted on a lot in the district.
(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.
(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.
O.
Mobile home parks are allowed in the district, provided that they meet the following minimum requirements:
(1)
A mobile home park shall contain a minimum of 10 acres and shall have a minimum frontage of 60 feet on or a sixty-foot right-of-way to a public street.
(2)
There shall be at least 10 mobile home spaces available at first occupancy.
(3)
A minimum of 10,000 square feet shall be provided for each mobile home space.
(4)
Each mobile home shall be provided with a mobile home stand, surfaced with a material providing suitable stability to bear the weight of a mobile home at all times of the year and having adequate gradient or crown to provide for proper surface drainage.
(5)
All State of New Hampshire requirements for mobile home parks shall be met.
(6)
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.
P.
Commercial amusements. Because the Town wishes to maintain a character which protects the long-term, high-quality environment, which will ultimately protect tourism in the valley, commercial amusements are hereby regulated to prevent adverse impacts on the Town's character and environment. All commercial amusements on a lot shall be located within an enclosed building, and the following shall apply:
(1)
Commercial amusements may occupy 10% or less of the floor space of a business in any business district, by permit of the Zoning Officer and without site plan review by the Planning Board.
(2)
Commercial amusements may occupy more than 10% of the floor space of a business in any business district, subject to the condition that no noise, light or other adverse impact outside the building shall be caused by the amusements or their use. Site plan review approval by the Planning Board shall be required.[3]
Q.
Outdoor commercial activities such as commercial amusement facilities, drive-up windows, remote outdoor speaker systems, interactive signs, menu boards or other similar devices with speakers, any of which operate in close proximity to residential property, constitute a nuisance due to unconfined noise and light, as well as operating hours that are not compatible with the residential environment.
(1)
A commercial amusement facility, as defined herein, that operates outdoor amusements and that seeks to expand that use under § 190-30, Nonconformity, shall locate said amusements at least 300 feet from the closer of the residential zone boundary or from the nearest residential property line, and if the time of operation begins before 9:00 a.m. or ends after 5:00 p.m. the distance shall be at least 600 feet. Substantial effective buffering against sound and light shall be provided in either case. These setbacks may be waived by the Planning Board during the site plan review process if the property abuts the Floodplain Conservation District and it can be shown that there will be no sound or light impact on residential use.
(2)
Commercial activities that operate drive-up windows, remote outdoor speakers, interactive signs, menu boards or other similar devices with speakers that permit customers or the general public to communicate with personnel within the commercial building or other location on the commercial property shall be at least 300 feet from the closer of the residential zone boundary or from the nearest residential property line, and if the time of operation begins before 9:00 a.m. or ends after 5:00 p.m. the separation distance shall be at least 600 feet. Substantial effective buffering against sound and light shall be provided in either case. These setbacks may be waived by the Planning Board during the site plan review process if the property abuts the Floodplain Conservation District and it can be shown that there will be no sound or light impact on residential use.
R.
Sexually oriented businesses.
(1)
Purpose and intent. It is the purpose of this subsection to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the Town of Conway; and it is the intent to promote the health, safety and general welfare of the citizens of the Town of Conway; and it is the intent of this subsection that the regulations be utilized to prevent problems of blight and deterioration which accompany and are brought about by the concentration of sexually oriented businesses; and the provisions of this subsection have neither the purpose nor the effect of imposing limitations or restrictions on the context of any communicative materials, including sexually oriented materials; and it is not the intent nor effect of this subsection to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market; and neither is it the intent nor the effect of this subsection to condone or legitimize the distribution of obscene material.
(2)
Restrictions. Sexually oriented businesses shall only be permitted in the business districts. Sexually oriented businesses shall not be permitted within 1,000 feet of a church or place of worship, parish house or convent, a public, parochial or private school, a state-approved day-care center, residence, any establishment in which minors constitute more than 50% of the patrons, a public park, or recreation center or another sexually oriented business.
(3)
Measure of distance. The distance between any sexually oriented business and other named point of reference shall be measured in a straight line from the nearest part of the structure in which any sexually oriented business is proposed or exists to the nearest property boundary line of the lot containing any other named point of reference.
(4)
Site plan approval by the Conway Planning Board shall be a prerequisite for the establishment of a sexually oriented business.[4] The Planning Board may impose reasonable restrictions relative to buffers, outdoor lighting, signs, parking, egress and ingress, pedestrian movement, landscaping, building aesthetics and measures to ensure that displays of merchandise conform with RSA Ch. 571-B.
(5)
Violation of the provisions of this subsection is declared to be a public nuisance, which shall be abated by the Town of Conway by way of civil abatement procedures.
(6)
Nothing in this subsection is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any Town of Conway ordinance or statute of the State of New Hampshire regarding public nuisance, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof.
S.
Outdoor dining establishments are permitted in the zoning district as an accessory to any approved restaurant use.
(1)
An outdoor dining establishment application shall be accompanied by a plot plan, drawn to scale and dimensioned to included seating arrangements and immediately adjacent physical features such as fire hydrants, trees, structures, sidewalks, and pedestrian or vehicular travel ways. The plan shall be reviewed by the fire chief to ensure unimpeded pedestrian access. Outdoor dining areas shall be designed to maintain compliance with requirements of the American Disabilities Act (ADA).
(2)
Establishments serving alcohol shall hold a valid liquor license from the State Liquor Commission prior to occupancy of the space. The license shall explicitly identify the outdoor dining area. Any permission granted by the Town of Conway will be subject to requirements of the State Liquor Commission.
(3)
Outdoor dining areas must be maintained. A minimum of one trash receptacle shall be provided and identified on the plot plan. Plantings, barriers, and outdoor furniture shall be maintained and suitable for the intended purpose.
(4)
Outdoor dining areas shall be separated from vehicular and pedestrian traffic. The separation must be adequate to ensure public safety; the minimum height of the barrier shall be 36 inches and the maximum height shall be 48 inches. Where no curbing or adequate vehicular separation exists, concreate or similar barriers shall be installed to prevent vehicular passage.
(6)
Occupancy limits shall be established by the Fire Chief. Applications must indicate that adequate parking can be provided as per site plan regulations, § 110-21.
(7)
Dining areas and associated equipment are subject to all applicable setbacks.
(8)
Restroom facilities shall be readily accessible.
(9)
Outdoor dining applications may be reviewed as a small undertaking as per site plan regulations, § 110-4. Site plan review is required for any proposal which reduces total site greenspace to less than 30%, proposes a reduction of greenspace of greater than 2,000 square feet, or increases structural floor area by greater than 25% or 1,000 square feet, whichever is more restrictive.
T.
Special exceptions. The following land uses shall be allowed if granted a special exception by the Zoning Board of Adjustment:
(1)
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.
(2)
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.