Conway City Zoning Code
§ 190-23
Industrial-2 I2 District.
[Amended 4-14-2015 ATM by Art. 2, Art. 3, Art. 4; 4-12-2016 ATM by Art. 2, Art. 3, Art. 4; 4-11-2017 ATM by Art. 2]
The I2 District is primarily designed to accommodate a compatible mixture of uses that complement light industrial and limited commercial uses. Hotels, motels and large retail uses are specifically prohibited in this district. Except for lots identified as 1997 Tax Map 5-10, Lots 39-1 through 12-39-32 and caretaker's residences, residential uses are prohibited in this district. This district is not currently serviced by municipal water and sewer and cannot accommodate higher development densities. Uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries.
(1)
The I2 District shall have the following bounds (Map and Parcel numbers refer to 2003 Town of Conway Tax Maps): commencing at a point on the thread of Mason Brook 4,000 feet northerly of the center line of East Conway Road; thence running southerly along the thread of Mason Brook to the one-hundred-year floodplain; thence running westerly along the one-hundred-year floodplain to the center line of Map 219, Parcel 211 (formerly the Maine Central Railroad); thence northwesterly along the center line of Map 219, Parcel 211 (formerly the Maine Central Railroad) to a point adjacent to the southeast corner of Map 252, Parcel 42; thence northerly along the eastern boundary of Map 252, Parcel 42 to the northwest corner of Map 252, Parcel 47; thence northerly along the western boundary of Map 252, Parcel 48 to a point 4,000 feet from the center line of East Conway Road; thence running generally easterly parallel with and 4,000 feet from East Conway Road to the point of commencement.
(2)
District map. The I2 District Map is included as an attachment to this chapter.
B.
Lot size and density.
(1)
Minimum lot size in this district is two acres.
(2)
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.
(3)
Lots serviced by a municipal water system shall have at least 1/2 acre for each unit that may be located thereon.
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. Within the I2 District, the minimum front setback shall be 50 feet and the minimum side or rear setback shall be 30 feet. Where the Industrial-2 District borders the RA District, or an industrial lot borders an existing residential use or borders an approved residential subdivision, a fifty-foot setback shall be required for that portion of the industrial lot.
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.
(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 4-10-2018 ATM by Art. 3]
(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 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. 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 are not permitted in the I2 District.
(f)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[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:
[Amended 4-9-2019 ATM by Art. 3]
[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.
[Amended 5-12-2020 ATM by Art. 5]
(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.
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(7)(l) 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.
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.
J.
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.
(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.
K.
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]
L.
Outdoor commercial activities such as 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)
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.
M.
Outdoor dining establishments are permitted in the zoning district as an accessory to any approved restaurant use.
[Added 4-9-2024 ATM by Art. 18]
(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.
N.
Special exceptions. The following land uses shall be allowed if granted a special exception by the Zoning Board of Adjustment:
(1)
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.
(2)
Wireless communication facilities. Wireless communication facilities may be allowed by special exception in the Industrial-2 (I2) 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.
(e)
Major site plan approval must be obtained from the Planning Board.