Conway City Zoning Code

§ 190-26

Floodplain Conservation Overlay FCO District.

The FCO District is primarily designed to promote and protect the health, safety and general welfare of the Town by providing reasonable regulations governing development and use of the floodplain. Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.

District boundaries and map.

District boundaries. The Floodplain Conservation Overlay District is hereby determined to be those areas designated as special flood hazard areas by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study for the County of Carroll, N.H. dated March 19, 2013, together with the associated Flood Insurance Rate Maps dated March 19, 2013, which are declared to be part of this chapter and are hereby incorporated by reference.

District map. The FCO District Map is included as an attachment to this chapter.

Special exceptions.

The following land uses shall be allowed within the floodplain, except those areas within the floodway, unless expressly allowed in the floodway hereunder if granted a special exception by the Zoning Board of Adjustment:

Uses, but not structures, compatible to open space.

Limited agricultural extraction of sand, gravel and other materials for noncommercial use.

Boat landings and boat access areas within the floodway.

Railroads, streets, driveways, bridges, utility transmission lines and pipelines.

Storage yards for equipment, machinery or materials accessory to adjacent permitted uses.

Fill or materials to be deposited in the floodplain may be allowed by special exception, provided that the purpose is consistent with the permitted uses represented in the Permitted Use Table included as an attachment to this chapter and the amount thereof is not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by riprap, vegetation cover or bulkheading.

Municipal and school district facilities.

Agricultural buildings that do not require septic systems.

The construction or maintenance of farm, forest or recreational service roads.

River or floodway maintenance.

In the area around Pequawket Pond between the one-hundred-year flood level and the ten-year-flood level (464.1 feet to 460.5 feet), as shown on the maps described herein, development, substantial improvements and building, provided that it is serviced by precinct water and sewerage and the lowest floor is above the one-hundred-year-flood level.

Signs for permitted uses and existing nonconforming uses as provided in § 190-30, Nonconformity, provided that the signs meet the minimum standards and intent for signs in the underlying district.

Accessory industrial-commercial uses, limited to loading areas, parking areas and aircraft landing strips.

Heliports. A special exception may be granted to permit heliports, as a private/business accessory use. The requirement for a special exception to be granted under this subsection shall not be applied to the use of helicopters, or any other type of aircraft, being used on a temporary basis for such purposes as emergency response, medical necessity, ongoing construction projects that have been permitted by the Town of Conway, or temporary (fewer than seven days) news media coverage. Before a special exception for a heliport can be granted by the Zoning Board, the following conditions must be met:

The use of the site for a heliport shall not be offensive to the character of the neighborhood.

The use of the site for a heliport shall not decrease abutting property values. Evidence supporting property values must be submitted by any party with an interest in the granting of the special exception from a creditable source that is knowledgeable of land evaluation and property values.

Any site being considered to contain a heliport must be, at a minimum, five acres in size.

Other site dimensions, above and beyond the overall acreage requirement listed above, shall be sufficient to provide safety areas suitable to meet all FAA-suggested dimensions and requirements.

Before the Zoning Board considers any application for a special exception for this land use, all federal and state approvals which are required must be obtained by the applicant, with copies of these approvals submitted as part of the request for the special exception.

A major site plan approval shall be required of the applicant from the Planning Board for the heliport, which is accessory to an approved business. As a condition for the granting of the special exception, no use of the heliport may be engaged by the applicant until all conditions of the special exception, including a major site plan approval, have been satisfied by the applicant.[1]

Editor's Note: See Ch. 110, Site Plan Review.

Conditions. No special exceptions shall be granted, however, until the following conditions are met:

All development and substantial improvements shall comply with the minimum standards of the regulations of the National Flood Insurance Program contained in 44 CFR 60.3 and 44 CFR 60.6 (Code of Federal Regulations), as amended.

New and replacement water supply, replacement septic systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the systems into floodwaters.

All fill, new construction, substantial improvements and other development within the floodway shall be prohibited unless the applicant's New Hampshire registered engineer can show, through hydrologic and hydraulic analyses performed in accordance with standard engineering practices, that the activity would not result in any increase in flood hazard within the Town of Conway.

The granting of the special exception would not violate the general spirit of this chapter nor would it create a public health or safety hazard.

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.

Special provisions.

There shall be no expansion of present nonconforming buildings or pre-existing septic systems in the floodplain, provided that this shall not prohibit the maintenance, repair and/or correction of such pre-existing septic systems which malfunction. There shall be no allowance of a new septic system in the floodplain.

Existing nonconforming buildings within this district, which have been substantially damaged, may be repaired within one year, provided that they comply with the minimum standards of the regulations of the National Flood Insurance Program. (See definition of "substantial damage" in § 190-31.) Buildings not rebuilt to such standards shall be removed completely.

Changes to watercourses.

In riverine situations, prior to the alteration or relocation of a watercourse the applicant for such authorization shall notify the NHDES Wetlands Bureau and submit copies of such notification to the Board of Selectmen, in addition to the copies required by RSA 482-A:3. Further, the applicant shall be required to submit copies of said notification to those adjacent towns as determined by the Board of Selectmen, including notice of all scheduled hearings before the Wetlands Bureau.

Along watercourses with a designated regulatory floodway, no encroachments, including fill, new construction, substantial improvements, and other development are allowed within the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in flood levels within the community during the base flood discharge. In Zone A, the Building Inspector shall obtain, review and reasonably utilize any floodway data available from federal, state or other sources as criteria for requiring that development meets the floodway requirements of this section.

Along watercourses that have not had a regulatory floodway designated, no new construction, substantial improvements or other development (including fill) shall be permitted within Zones A1-A30 and AE on the FIRM, unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

All developments which are floodproofed shall be certified by a New Hampshire registered professional engineer or architect that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood.

Where the Floodplain Conservation District is superimposed over another zoning district, the more restrictive regulations shall apply.

Within the altered or relocated portion of any watercourse, the applicant shall submit to the Building Inspector certification provided by a registered professional engineer assuring that the flood-carrying capacity of the watercourse has been maintained.

In Zone A, the Building Inspector shall obtain, review and reasonably utilize any floodway data available from a federal, state or other source as criteria for requiring that development meets the floodway requirements of this section.

In special flood hazard areas, the Building Inspector shall determine the one-hundred-year-flood elevation in the following order of precedence according to the data available:

In Zone AE, refer to the elevation provided in the community's Flood Insurance Study and accompanying FIRM.

In A Zones, the Building Inspector shall obtain, review and reasonably utilize any one-hundred-year-flood elevation data available from federal, state, development proposals submitted to the community (for example subdivisions, site approvals, etc.) or other sources.

In Zone AO, the one-hundred-year-flood elevation is determined by adding the elevation of the highest adjacent grade to the depth number specified on the FIRM or, if no depth number is specified on the FIRM, at least two feet.

Electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

The Building Inspector shall maintain for public inspection and furnish upon request any certification of floodproofing and the as-built elevation (in relation to mean sea level) of the lowest floor (including the basement) of all new or substantially improved structures and include whether or not such structures contain a basement, and if the structure has been floodproofed, the as-built elevation (in relation to mean sea level) to which the structure was floodproofed. This information must be furnished by the applicant.

Excavation shall be prohibited in the Floodplain Conservation District.

Variances.

A variance is a relaxation or setting aside, in a specific case, of certain specified terms of this chapter. In accordance with RSA 674:33, I(b), the applicant shall have the burden of showing, in addition to the usual variance standards under state law:

That the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense;

That, if the requested variance is for activity within a designated regulatory floodway, no increase in flood levels during the base flood discharge will result; and

That the variance is necessary, considering the flood hazard, to afford relief.

Notification.

The ZBA shall notify the applicant in writing that:

The issuance of a variance to construct below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with a record of all variance actions.

The community shall:

Maintain a record of all variance actions, including the justification for their issuance; and

Report such variances issued in its annual or biannual report submitted to FEMA's Federal Insurance Administrator.

Conway City Zoning Code

§ 190-26

Floodplain Conservation Overlay FCO District.

The FCO District is primarily designed to promote and protect the health, safety and general welfare of the Town by providing reasonable regulations governing development and use of the floodplain. Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.

District boundaries and map.

District boundaries. The Floodplain Conservation Overlay District is hereby determined to be those areas designated as special flood hazard areas by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study for the County of Carroll, N.H. dated March 19, 2013, together with the associated Flood Insurance Rate Maps dated March 19, 2013, which are declared to be part of this chapter and are hereby incorporated by reference.

District map. The FCO District Map is included as an attachment to this chapter.

Special exceptions.

The following land uses shall be allowed within the floodplain, except those areas within the floodway, unless expressly allowed in the floodway hereunder if granted a special exception by the Zoning Board of Adjustment:

Uses, but not structures, compatible to open space.

Limited agricultural extraction of sand, gravel and other materials for noncommercial use.

Boat landings and boat access areas within the floodway.

Railroads, streets, driveways, bridges, utility transmission lines and pipelines.

Storage yards for equipment, machinery or materials accessory to adjacent permitted uses.

Fill or materials to be deposited in the floodplain may be allowed by special exception, provided that the purpose is consistent with the permitted uses represented in the Permitted Use Table included as an attachment to this chapter and the amount thereof is not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by riprap, vegetation cover or bulkheading.

Municipal and school district facilities.

Agricultural buildings that do not require septic systems.

The construction or maintenance of farm, forest or recreational service roads.

River or floodway maintenance.

In the area around Pequawket Pond between the one-hundred-year flood level and the ten-year-flood level (464.1 feet to 460.5 feet), as shown on the maps described herein, development, substantial improvements and building, provided that it is serviced by precinct water and sewerage and the lowest floor is above the one-hundred-year-flood level.

Signs for permitted uses and existing nonconforming uses as provided in § 190-30, Nonconformity, provided that the signs meet the minimum standards and intent for signs in the underlying district.

Accessory industrial-commercial uses, limited to loading areas, parking areas and aircraft landing strips.

Heliports. A special exception may be granted to permit heliports, as a private/business accessory use. The requirement for a special exception to be granted under this subsection shall not be applied to the use of helicopters, or any other type of aircraft, being used on a temporary basis for such purposes as emergency response, medical necessity, ongoing construction projects that have been permitted by the Town of Conway, or temporary (fewer than seven days) news media coverage. Before a special exception for a heliport can be granted by the Zoning Board, the following conditions must be met:

The use of the site for a heliport shall not be offensive to the character of the neighborhood.

The use of the site for a heliport shall not decrease abutting property values. Evidence supporting property values must be submitted by any party with an interest in the granting of the special exception from a creditable source that is knowledgeable of land evaluation and property values.

Any site being considered to contain a heliport must be, at a minimum, five acres in size.

Other site dimensions, above and beyond the overall acreage requirement listed above, shall be sufficient to provide safety areas suitable to meet all FAA-suggested dimensions and requirements.

Before the Zoning Board considers any application for a special exception for this land use, all federal and state approvals which are required must be obtained by the applicant, with copies of these approvals submitted as part of the request for the special exception.

A major site plan approval shall be required of the applicant from the Planning Board for the heliport, which is accessory to an approved business. As a condition for the granting of the special exception, no use of the heliport may be engaged by the applicant until all conditions of the special exception, including a major site plan approval, have been satisfied by the applicant.[1]

Editor's Note: See Ch. 110, Site Plan Review.

Conditions. No special exceptions shall be granted, however, until the following conditions are met:

All development and substantial improvements shall comply with the minimum standards of the regulations of the National Flood Insurance Program contained in 44 CFR 60.3 and 44 CFR 60.6 (Code of Federal Regulations), as amended.

New and replacement water supply, replacement septic systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the systems into floodwaters.

All fill, new construction, substantial improvements and other development within the floodway shall be prohibited unless the applicant's New Hampshire registered engineer can show, through hydrologic and hydraulic analyses performed in accordance with standard engineering practices, that the activity would not result in any increase in flood hazard within the Town of Conway.

The granting of the special exception would not violate the general spirit of this chapter nor would it create a public health or safety hazard.

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.

Special provisions.

There shall be no expansion of present nonconforming buildings or pre-existing septic systems in the floodplain, provided that this shall not prohibit the maintenance, repair and/or correction of such pre-existing septic systems which malfunction. There shall be no allowance of a new septic system in the floodplain.

Existing nonconforming buildings within this district, which have been substantially damaged, may be repaired within one year, provided that they comply with the minimum standards of the regulations of the National Flood Insurance Program. (See definition of "substantial damage" in § 190-31.) Buildings not rebuilt to such standards shall be removed completely.

Changes to watercourses.

In riverine situations, prior to the alteration or relocation of a watercourse the applicant for such authorization shall notify the NHDES Wetlands Bureau and submit copies of such notification to the Board of Selectmen, in addition to the copies required by RSA 482-A:3. Further, the applicant shall be required to submit copies of said notification to those adjacent towns as determined by the Board of Selectmen, including notice of all scheduled hearings before the Wetlands Bureau.

Along watercourses with a designated regulatory floodway, no encroachments, including fill, new construction, substantial improvements, and other development are allowed within the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in flood levels within the community during the base flood discharge. In Zone A, the Building Inspector shall obtain, review and reasonably utilize any floodway data available from federal, state or other sources as criteria for requiring that development meets the floodway requirements of this section.

Along watercourses that have not had a regulatory floodway designated, no new construction, substantial improvements or other development (including fill) shall be permitted within Zones A1-A30 and AE on the FIRM, unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

All developments which are floodproofed shall be certified by a New Hampshire registered professional engineer or architect that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood.

Where the Floodplain Conservation District is superimposed over another zoning district, the more restrictive regulations shall apply.

Within the altered or relocated portion of any watercourse, the applicant shall submit to the Building Inspector certification provided by a registered professional engineer assuring that the flood-carrying capacity of the watercourse has been maintained.

In Zone A, the Building Inspector shall obtain, review and reasonably utilize any floodway data available from a federal, state or other source as criteria for requiring that development meets the floodway requirements of this section.

In special flood hazard areas, the Building Inspector shall determine the one-hundred-year-flood elevation in the following order of precedence according to the data available:

In Zone AE, refer to the elevation provided in the community's Flood Insurance Study and accompanying FIRM.

In A Zones, the Building Inspector shall obtain, review and reasonably utilize any one-hundred-year-flood elevation data available from federal, state, development proposals submitted to the community (for example subdivisions, site approvals, etc.) or other sources.

In Zone AO, the one-hundred-year-flood elevation is determined by adding the elevation of the highest adjacent grade to the depth number specified on the FIRM or, if no depth number is specified on the FIRM, at least two feet.

Electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

The Building Inspector shall maintain for public inspection and furnish upon request any certification of floodproofing and the as-built elevation (in relation to mean sea level) of the lowest floor (including the basement) of all new or substantially improved structures and include whether or not such structures contain a basement, and if the structure has been floodproofed, the as-built elevation (in relation to mean sea level) to which the structure was floodproofed. This information must be furnished by the applicant.

Excavation shall be prohibited in the Floodplain Conservation District.

Variances.

A variance is a relaxation or setting aside, in a specific case, of certain specified terms of this chapter. In accordance with RSA 674:33, I(b), the applicant shall have the burden of showing, in addition to the usual variance standards under state law:

That the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense;

That, if the requested variance is for activity within a designated regulatory floodway, no increase in flood levels during the base flood discharge will result; and

That the variance is necessary, considering the flood hazard, to afford relief.

Notification.

The ZBA shall notify the applicant in writing that:

The issuance of a variance to construct below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with a record of all variance actions.

The community shall:

Maintain a record of all variance actions, including the justification for their issuance; and

Report such variances issued in its annual or biannual report submitted to FEMA's Federal Insurance Administrator.