A nonconforming use is a use that is not permitted in the zoning district where the building or use is located. Such existing nonconforming uses are grandfathered uses for the purposes of this Zoning Ordinance.

A building associated with a nonconforming use may not be extended, expanded or changed, unless to a conforming use, except as noted in Subsection A(4), below.

A structure housing a nonconforming use that is damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if such reconstruction has no greater coverage and contains no greater cubic content than before such casualty and is completed within one year of the initial damage. This may be extended for up to six additional months upon concurrence of the Planning and Zoning Administrator.

A nonconforming use may be changed to another nonconforming use, subject to the issuance of a special exception issued by the Zoning Board, when the conditions of § 305-4 are met and the Zoning Board of Adjustment finds that the proposed nonconforming use is no more objectionable to the surrounding neighborhood and has less adverse impact on the neighborhood.

In the event that any nonconfirming use, conducted in a structure or on a lot, ceases or is abandoned, for whatever reason, for a period of one year or more, such nonconforming use shall not be resumed.

A nonconforming lot is one which does not meet the lot area or frontage requirements, or the impervious coverage limitations of the Webster Lake Overlay District (§ 305-29.3).

An unimproved nonconforming lot, held in separate ownership from the ownership of any adjoining lot, may be used for the erection of a structure conforming to the use and setback requirements of the district in which the lot is located, even though the lot area and frontage are less than the minimum requirement of this chapter. If the setback requirements cannot be satisfied then a variance will be required.

Two or more adjoining nonconforming lots held in common ownership may be required to be merged for the purposes of the development of either of the subject lots.

Nonconforming structures are ones that do not meet the setback requirements of § 305-14, Yard and area requirements, or § 305-15, Height requirements. The distance between the lot line and the nearest corner or point of the existing structure creates the preexisting line of encroachment.

Individual and separate residential units that are part of a condominium association shall be considered nonconforming for the purposes of these provisions since more than one residential unit is located on the lot.

Any alterations, additions, change, etc. to a nonconforming structure may only be done in conformance with the issuance of all applicable building permits.

Except as otherwise provided in § 305-18C(6) of this chapter, any nonconforming structure damaged by fire, flood, explosion or other casualty, or a nonconforming structure removed through the issuance of a demolition permit, may be reconstructed and used as before if such reconstruction has no greater coverage, the reconstructed structure maintains the same setbacks as the original structure or is less nonconforming than the original structure, and contains no greater cubic content than before such casualty or demolition and is completed within one year of the initial damage or demolition. This may be extended one time for up to six additional months upon approval of the Planning and Zoning Administrator.

The language of Subsection C(4), above, notwithstanding, if the lot on which the structure and the foundation are being demolished and removed conforms to the lot area requirements of the zoning district, then the structure being rebuilt shall conform to the appropriate yard setback requirements. If there is some practical difficulty (for example, existing ledge or wetlands, the existence of easements, or steep slopes) which does not allow the rebuilt structure to be built in a location that meets the setback requirements, then the Zoning Board may approve, through the issuance of a special exception, an alternative site.

Additions, including additions to a nonconforming structure being reconstructed pursuant to §  305-18C(4), may be added to a nonconforming structure under the following circumstances (See Appendix 2[1] for examples):

Permit required. The owner/operator of a manufactured housing park shall obtain annually a permit from the City, through the Planning and Zoning Administrator, to maintain and operate said housing park. The application for the permit shall be filed on or before April 1 of each year with the Planning and Zoning Office. Said application shall contain a listing of all manufactured houses contained within the park and the address of each unit, along with a plan showing the location of the units. An annual permit fee of $5 per living unit shall accompany the application.

Within 60 days from the receipt of the application, the Planning and Zoning Administrator shall, and is authorized to, inspect the housing park for the purpose of determining whether or not the park is being operated in conformance with all applicable City codes and regulations, including, but not limited to, property maintenance. The Administrator may be accompanied by any other City Inspector or Code Enforcement Officer. If violations of any City code or regulation are found, then the owner/operator shall be given written notice of the violation. The code or regulation violation shall be remedied within 30 days or other time frame as directed by the Administrator or the Inspector.

No manufactured housing park shall be altered, extended, expanded, or changed except in compliance with Subsection C below and all other applicable sections of the Franklin Zoning Ordinance.

No manufactured housing subdivision shall be constructed without first obtaining a permit from the Planning Board. An application for said subdivision shall be filed with the Board in conformance with all requirements and provisions of the Franklin Zoning Ordinance and the Subdivision Regulations.

The lots and structures within manufactured housing subdivisions shall conform to the lot and yard requirements of § 305-14.

They shall be located on a site with a minimum of 10 acres.

The number of lots created within the park shall not exceed the number of lots allowed under the provisions of § 305-14.

A buffer strip of 75 feet along public roads and of 50 feet along rear and side property lines shall be created. A landscape plan for the entire park shall be submitted, including landscape treatment proposed for buffer strips.

Each manufactured housing lot shall have a minimum area of 10,000 square feet and shall have a minimum frontage of 75 feet on a park road.

Setbacks on manufactured housing lots shall be as follows:

At least 7% of the gross land area in a manufactured housing park shall be reserved as a common area for recreation and other open space purposes. Each park shall provide at least one common area restricted to the use and enjoyment of the residents of the park. No single common area shall contain less than 15,000 square feet. Where more than one area is provided, the areas shall be spaced and located in the park in such a manner that will provide maximum usefulness for park residents. The land included within common areas shall be of such character that it is capable of supporting recreational use and shall not include land with poor drainage or excessive slope or land that is subject to flooding.

Every manufactured housing park shall have access to a public street by means of a private roadway. The private roadway(s) within the park shall be constructed in accordance with the following minimum standards. (If the Planning Board determines that the standards above will not provide for adequate public safety and convenience due to issues with line of sight, slopes, etc., then the Board reserves the right to require different standards.)

Two off-street parking spaces shall be provided for each manufactured housing lot. Each parking space shall be paved and graded to provide drainage away from the manufactured housing unit in conformance with an overall drainage plan. Each off-street parking space shall have a minimum width of nine feet and a minimum length of 18 feet. The Board may reduce the number of parking spaces upon the submission of a waiver request by the applicant.

All utilities in manufactured housing parks shall be placed underground.

Manufactured housing in parks shall have an enclosure around the full perimeter of the structure (skirting).

An accessible, adequate, safe and potable supply of water shall be provided in each manufactured housing park. When City water is not available, the development of any independent water supply to serve a manufactured housing park is the responsibility of the developer and shall comply with the current regulations of the New Hampshire Department of Environmental Services, Water Supply and Pollution Control Division. The City reserves the right to require the owner to provide an approved fire protection water supply.

All plumbing, heating, sewage, water supply and electrical systems shall comply with the applicable City and state codes and regulations. All water and sewer systems must be approved by the City prior to the installation of any pipes, lines or associated equipment.

The storage, collection and disposal of refuse in a manufactured housing park shall not create a health hazard, rodent harborage, insect breeding areas, accident hazards or air pollution. All refuse and garbage shall be stored in flytight, watertight, rodent-proof containers which shall be provided in sufficient number and capacity to prevent any refuse from overflowing. If container racks or holders are provided by the manufactured housing park owner or operator, they shall be located not more than 150 feet away from any manufactured housing space. All dumpsters shall be screened or fenced.

Any owner of a manufactured housing unit installed on land in the City of Franklin as of the date of original enactment of this chapter (1971) desiring to replace his or her present home on the same site by the installation of replacement manufactured housing shall be permitted to do so upon receipt of a building permit from the Planning and Zoning Administrator.[1]

The installation of any manufactured housing unit, whether in a park, subdivision, or on an individual lot, shall conform to all requirements outlined in RSA Chapter 205-D, Manufactured Home Installation Standard, as amended. Further, the unit shall have an enclosure around the full perimeter of the structure.

All manufactured housing units installed on undeveloped or unoccupied lots after passage of this chapter must meet the most recent specifications and standards established by the United States Department of Housing and Urban Development. An existing unit which fails to meet the applicable HUD standards may be replaced with a newer unit which also fails to meet these standards upon submission of a request to, and approval by, the Planning and Zoning Administrator, in consultation with the Code Enforcement Officer. Approval may be granted upon a determination that the replacement unit is a substantial improvement (care and condition, upkeep, life safety, energy efficiency, and related factors) over the older unit. The request shall include photo documentation of the existing and replacement units, and the Administrator may require an inspection of the units if deemed necessary. While no formal age difference between the two units is being defined, a difference of at least 15 years will be taken into consideration. If the Administrator denies the request then an appeal may be taken to the Zoning Board of Adjustment under the procedures outlined in § 305-35 of this chapter.

Recognize that the jurisdictional area of this district is important to the overall economic vitality of the City of Franklin and the region as a whole.

Recognize that the jurisdictional area is important to the overall historic nature and fabric of the City.

Provide a framework for the creation of business, commercial, and residential opportunities and uses within the district, and encourage high quality and sustainable economic development.

Create guidelines that will provide for diversity of housing options relative to the size of the proposed dwelling units to insure that different housing needs are met.

Promote the reuse of the historic mill buildings insuring that a diversity of uses is allowed.

Encourage multi-use buildings that contain residential, commercial, retail, and business uses.

Recognize that market forces impact how and when development occurs and the types of developments that are planned as a result of a changing economy, but at the same time recognize that the long-term interests of the City and its residents for productive growth that helps to stimulate the local and regional economy are an utmost concern.

Insure that the proposed uses are compatible and will not create concerns or issues with public health, safety, or welfare.

Insure that the issues and concerns of vehicular access and egress, traffic management, and parking are adequately and appropriately addressed.

Refocus attention on the significant natural resource of the Winnipesaukee River and encourage efforts that open up access to and enjoyment of the river.

Encourage efforts to redevelop the existing mill buildings and other buildings within the district so as to promote energy efficiency, the use of sustainable resources, and intelligent use of the land and associated natural resources.

Encourage and promote cooperation between the City government, property and business owners, and developers on development options and opportunities, especially in the area of parking and the use of municipal properties.

Create a regulatory framework that both complements and carries out the goals of the Franklin Master Plan, the overall provisions of the Zoning Chapter, and other applicable City Codes.

The permitted use table below, which supersedes the permitted use table contained in the Zoning Chapter (§ 305-13), outlines the allowed uses within this District. Any use designated with a "P" is a permitted use. If the use is designated as requiring a special use permit (SUP), the general and/or specific performance standards outlined in these provisions shall apply, as applicable. Any use not listed is not permitted, with the exception that uses determined by the Planning and Zoning Administrator to be similar to and consistent with a permitted or SUP use are permitted through the appropriate permitting mechanism. One criterion to be employed by the Administrator in making such a determination is whether or not the chapter at § 305-13 clearly makes a specific proposed use for the district a nonpermitted use for the underlying zone. Any appeal of said determination may be filed with the Zoning Board of Adjustment consistent with applicable RSAs and the Zoning Chapter.

Site plan review will be required for any use that meets the thresholds of Chapter 402, Site Plan Review. If a SUP is required for any proposed use, then the hearing for the site plan and the SUP may be held concurrently.

When a change of use permit, as outlined in § 305-31A(4) of the Zoning Chapter, is required, then the permit application shall demonstrate the proposed use will comply with all applicable provisions of the Zoning Chapter, including those of the Downtown Revitalization District.

Individual areas within the larger mill buildings may be used as the location of accessory storage and warehouse space for the established businesses within the district.

The specific character of the proposed use is appropriate for the mixed-use, downtown and pedestrian-oriented environment.

The specific use and its size, location and design will not distract from, or have a negative impact on, the remainder of the DRD.

The specific use will support, promote, and conform to the purposes of the overall chapter.

The specific and unique needs of the proposed use will function safely and in an environmentally sound fashion.

The traffic (both customers and truck/delivery vehicles) generated by the proposed use will not create adverse impacts for the specific building and the overall neighborhood.

The proposed use will not utilize any gases, liquids, solids or any other materials used in any phase of the processing, production, or packaging phase, or generate any material that is classified by the State of New Hampshire or the federal EPA as a hazardous material or waste.

If the proposed use will operationally involve any second shifts, or will be open past 9:00 p.m., then the parking requirements for said use will not be allowed to utilize any shared or overlapping parking with any residential uses in the subject building.

The special use permit plans for any type of day-care, nursing, sheltered care, or related assisted living facility shall demonstrate that safe and secure outside facilities (play areas, decks or patios, gazebos, grassed sitting areas, etc.) are available and accessible to the clients or residents, as applicable, of the facility.

The work associated with the construction of any new building or the alteration to any existing building, including but not limited to the creation of new residential dwelling units, must conform to all applicable building and fire prevention codes and regulations of the City. The City reserves the right to utilize the provisions of the International Existing Building Code, or the provisions of the International Building Code, 2000 version (as revised) relative to historic buildings (Chapter 34 of the 2000 IBC), for alterations to any existing building, provided that the proposed work does not compromise, in the opinion of the Fire Chief and the Code Enforcement Officer, the life safety requirements for fire prevention, access and egress, and associated concerns. Other similar building codes may be utilized at the discretion of the Fire Chief and the Code Enforcement Officer.

All construction and alteration work, including the installation of any new or modified heating systems, fire suppression systems, changes to the interior layout of any specific space, and related activity, must be performed under the issuance of a building permit.

As outlined in the Franklin Heritage Commission Regulations, certain work, including, but not limited to, all new construction, the exterior alteration of existing buildings, the removal of any buildings or portions thereof, or the placement of new or altered signage, will trigger a permitting process by the Franklin Heritage Commission. Any property owner or prospective applicant is to consult the regulations and policies of the Heritage Commission to insure that the proposed work will be designed in conformance with all applicable requirements.

The costs of any outside review of any phase (legal, engineering, surveying, traffic, etc.) of a development proposal shall be borne by the owner/developer. The Franklin City Council may elect, through the appropriation of City funds, to participate in the cost sharing of certain studies, reviews, investigations, etc. (for example a traffic study).

The provisions of § 305-14, Lot and yard requirements, of the Zoning Chapter notwithstanding, the front, side, and rear yard setbacks for any new building will be determined as part of the site plan review process. In most cases, but dependent upon site conditions and the proposed use, the placement of a building that fronts directly on Central Street will utilize a setback consistent with the abutting properties or the general setback for the affected block. Any building existing at the time of adoption of this section and demolished, removed due to general deterioration, or damaged by fire or other calamity may be rebuilt on the same footprint.

For any commercial, residential, or mixed-use building, all dumpsters and similar trash receptacles shall be screened by solid wood fencing, or other acceptable alternative, and all trash shall be disposed of by a private, nonmunicipal provider, unless so directed or allowed by the City, through the City Council or the Municipal Services Director through a policy or other similar written approval.

No stand alone single- or two-family dwelling units are allowed. Single- and two-family residential units are allowed as part of a multi-use building.

No residential living areas shall be allowed on the first or ground floor area of any building with frontage on Central Street or Church Street, Memorial Street south of Canal Street, or Franklin Street north of Ayles Court.

For the buildings located on Tax Map 117, Lots 142, 143, 153, and 365 (as designated by the Assessor's Office at the time of adoption or as modified by any subdivision, lot merger, or other similar action) no less than 30,000 total square feet of floor space between all of the lots referenced above shall be dedicated to commercial, business or retail use.

In order to create and allow for a variety of housing types and options, the following provisions shall apply:

The provisions of Subsection I(4) above notwithstanding, the Planning Board may authorize a multi-unit project with units less than 720 square feet, providing that the project satisfies the parking requirements and the requirement in Subsection I(6)(d) below for the creation of appropriate common community space.

The creation of any new residential units in a new or existing building shall trigger the need to comply with the performance standards below, in addition to the SUP performance standards as outlined in Subsection G.

Occupations such as accountants, mental health providers, attorneys, business or computer consultants, tax preparers, appraisers, architects, engineers, secretarial service providers, and seamstresses are allowed with a permit from the Planning and Zoning Administrator.

For any proposed business not listed above, the Administrator shall determine whether or not the proposed use is similar to and consistent with the types of businesses listed. Any appeal of the determination of the Administrator shall be to the Zoning Board of Adjustment.

All of the occupations listed above will generally be owner-run businesses with no employees. If one employee is proposed, this should be detailed in the application to the Administrator, and consideration will be given by the Administrator to the adequacy of the space and the provisions for safe and healthy working conditions, and the potential for nuisances such as machine noise, excessive foot traffic, and other similar impacts.

Other than standard home-office copy machines and printers, no office equipment using any chemicals, solutions, liquids or other materials that cause odors or noise above the level of acceptable office conditions is permitted.

Occupations such as painters, artists, potters, and music teachers may be permitted through the issuance of a special use permit from the Planning Board. In reviewing the application, the Board will utilize the special exception criteria listed in § 305-4 of the Zoning Chapter, the performance standards outlined in Subsection G above, and the following performance standards:

The provisions of Subsection J(5) above notwithstanding, the Planning Board may issue a blanket special use permit for the home occupations listed in Subsection J(5), and any other similar occupations as determined by the Board, provided that the developer/owner presents to the Board documents that demonstrate the establishment of a condominium or other building association that provided for a mechanism for monitoring and enforcing conditions to prevent the creation of nuisance condition for residents in the subject building.

None of the provisions in this section shall restrict or prohibit any occupant from utilizing separate units for residential and nonresidential purposes and having these units connected in an approved manner (first floor for business use and the second floor immediately above for residential use). For this type of scenario, additional employees beyond what is discussed above are allowed.

The design and planning work for the project shall be carried out by a LEED accredited professional.

A project for new construction shall be designed and constructed to be eligible for at least 45 LEED-NC (new construction) points. A project for the renovation of an existing building shall be designed and constructed to be eligible for at least 55 LEED-EB (existing building) points.

The design and planning work for the historic restoration shall be carried out by a professional deemed suitable and qualified by the Planning Board or the Heritage Commission, as applicable. To determine the qualifications, the applicant shall present a statement of qualification for the professional along with a listing (and sample photographs if available) of all restoration projects which the person or firm has worked on in the last three years.

The interior and/or exterior restoration work shall be designed to protect the historical integrity of the subject building. The Planning Board shall consult with the Heritage Commission on the determination of the suitability of the restoration consultant and the overall design and the extent of the restoration efforts.

The number and size of the allowed units used to establish the starting point for a density bonus shall be determined through the SUP permitting process.

For any building with residential dwelling units, a minimum of 1 1/3 parking spaces per unit is required. The residential parking shall be provided on the privately held land of the owner/developer or on leased land. The provisions of any such lease shall be reviewed, and if appropriate, approved by the Planning Administrator or the Planning Board during the course of a site plan review, special use permit process, or the issuance of a building permit. These types of parking spaces shall not be more than 300 feet from the subject property, but this distance may be waived or modified by the permitting person or Board based on a determination that the leased parking spaces are easily and safely accessible by the residents of the subject units.

The requirement for 1 1/3 spaces per unit notwithstanding, the Planning Board through the special use permit may authorize a project to be phased in such a manner so that the first phase utilizes one space per unit with a condition of the permit being that a review and analysis of the parking be conducted before permits are granted for subsequent phases to insure that one space is determined by the Board to be sufficient. Alternately, the Board may issue a special use permit for an entire building or development allowing one space per unit with a condition that a review be conducted in a specified time frame and if the number of spaces is found to be insufficient then the necessary additional spaces are created or otherwise constructed in the areas previously shown on the approved plan.

Through the special use permit process, the owner/applicant may request a reduction in the minimum number of required spaces. Such a request shall be accompanied with data on the number and size of the residential units, historic experience and evidence describing parking needs for similar mill redevelopment projects, lease language on limits on the numbers of vehicles per specific units, or other information or data deemed appropriate by the developer.

Parking requirements for any nonresidential uses shall conform to one parking space for every 350 square feet of commercial/business use. Where municipal parking (not including any overnight parking) is available within 400 feet of the proposed use, then these municipal spaces may be counted towards the total number of nonresidential spaces required. The Planning Board reserves the right to deviate from the parking requirements in the Zoning Chapter based on a review and approval of a site plan or SUP and taking into account project-specific issues and circumstances

For multi-use buildings or projects containing both nonresidential and residential uses, the total number of required parking spaces for each separate and distinct use shall be provided.

The preceding subsection notwithstanding, the owner/developer of a multi-use building containing both residential and nonresidential uses may utilize up to 1/3 of the parking spaces required for the residential component towards the required number of nonresidential spaces.

For certain uses, such as a nursing home, the number of required parking spaces may take into account the age or other characteristics of the residents, and the Board may approve a decrease in the number of overall required spaces.

No building permit, occupancy permit, or change of use permit will be issued until such time as conformance with the parking requirements is documented through the submission of a parking plan showing the location of all proposed spaces.

No unregistered vehicles shall be kept at any time in the parking spaces created for, and allocated to, the residential or nonresidential uses within the district. And no trailers or trailer-type devices shall be kept in any parking space or hitched onto any passenger car, truck, or other vehicle located in any such parking spaces. No off-road vehicles (including but not limited to snowmobiles or four-wheelers, and associated trailers), RVs, campers, and similar vehicles are to be stored or kept in any parking areas.

Enclosed or covered parking areas may be approved by the Planning Board through the site plan review or SUP process. Existing buildings may be used for enclosed parking areas when allowed by the Planning Board through the site plan or SUP review process as long as the owner/developer is able to demonstrate through an engineered site plan that the design and layout of the proposed enclosed parking area is satisfactory to accommodate safe and controlled traffic flow and conforms to all building and fire codes relative to issues including, but not limited to, public health and safety, access and egress, ventilation and air quality, and fire suppression and separation.

In lieu of separate parking plans for individual buildings, two or more landowners/developers may propose to the Planning Board, through a joint site plan or SUP application, a master parking plan for their land within the district. The City of Franklin may be a partner in such an application, and the role of the City may include, but is not limited to, the leasing or other permitting of City property to satisfy the parking requirements for specific buildings, or the creation of additional overnight parking spaces on City-owned land.

All site or special use permit plans shall demonstrate that appropriate areas for snow removal and storage are available.

Per the Franklin Heritage Commission's Regulations, no neon, electronic or internally illuminated signage is allowed in the district.

All other requirements, including, but not limited to, size, number of signs, locations, and height, of § 305-24, Signage, of the Franklin Zoning Ordinance shall apply. The Planning Board reserves the right to deviate from the requirements in the Zoning Chapter for signage based on a review of the proposed project through the site plan or SUP process. The purpose of such a deviation would be to create signage that better reflects the historical nature of the area, reduce clutter created by too many signs or too large signs, or to create different types of signage (a directory type of sign for example) that is more appropriate for the proposed use of a building or joint project.

The City may participate in the placement on City property of directional or directory sign(s) for the purposes of identifying businesses, commercial or residential uses located in buildings not easily visible from Central Street; for example, a directory sign located on the intersection of Central Street and Smith Road. The City reserves the right to condition the size, color, and design of the proposed signage.

All parking areas shall be designed so that pedestrians can easily and safely access the subject commercial or residential building.

All new or reconstructed sidewalks shall be designed to be barrier-free and built to comply with all state and federal ADA standards.

Pedestrianways between parking areas and the entrances to the subject building shall be delineated with pavement markings, pavers or brick, or other similar treatments to enhance pedestrian safety and comfort.

Parking areas for both commercial and residential buildings shall be designed with lighting that provides for a safe pedestrian environment.

All lighting shall be designed with cut-off fixtures that do not allow any light dispersion or direct glare to shine above a ninety-degree or horizontal plane from the base of the fixture.

The City encourages the use of energy efficient lamps for all outdoor applications.

The design standards for lighting shall be per the site plan regulations or as directed by the Board through the site plan or SUP permitting process.

The site plan or SUP application shall include details on proposed landscaping. The purpose of and reason for providing landscaping for this district is to enhance the aesthetics of the area, which helps to promote and support enhanced residential and commercial activity.

The type and extent of landscaping will vary from building to building depending on the setbacks, the relationship between existing paved areas and available space for nonparking uses, and the location of the property in the district. The types of available landscaping options includes, but are not limited to, planting areas adjacent to the building, parking or sidewalk areas, window boxes, or seasonal planting boxes.

Pursuant to the purpose statement contained at Subsection C(8) and (9) above, and the site plan regulations, the Board reserves the right to classify a proposed development as scattered and premature if it makes a determination that approval would create or involve danger or injury to the public's health, safety, or prosperity by reasons of the lack of: (a) Water supply, sewer capacity or means to deliver said utilities; (b) Adequate drainage; (c) Transportation and roadway access; (d) Fire protection; (e) Other similar public services; or (f) If the project would necessitate the excessive expenditures of public funds for the supply of such services.

The project proponent has the ability to resolve and overcome a determination of premature and scattered development by the construction of certain off-site improvements intended to alleviate the issue or shortcoming that creates the danger or injury. The construction of said improvements shall be pursuant to the applicable sections of the site plan regulations, or through the issuance and approval of an SUP.

The proposed B&B must be located in an owner-occupied single-family residential dwelling. No detached barns, garages, or any other similar accessory structure may be used for the establishment of B&B rooms.

Notwithstanding the provisions of § 305-24, Signs, only one non-internal-illuminated sign, no larger than two square feet in size and to be approved at the time of the issuance of the special use permit, is permitted. The sign may have lighting consistent lamp post style residential use.

No more than 50% of the entire habitable living space in the dwelling shall be allocated for B&B establishment purposes.

The owner of the property shall be responsible for the operation of the property and shall be a resident of the property when the B&B establishment is in operation.

There shall be at least one bathroom solely dedicated to the guests of the B&B; individual sleeping rooms may have private bathrooms.

For any proposed B&B, the NHDES and the City must have an approved septic plan on file. Prior to the issuance of a special use permit (SUP) for the B&B, the adequacy of the septic system must be verified through an assessment of the plan and an on-site inspection, conducted by a licensed septic designer. This assessment must be submitted at the time of the SUP application. If the existing septic does not meet the DES requirements, then it must be replaced or expanded prior to a certificate of use and occupancy being issued.

The B&B shall not cater to special or ancillary functions, or any other hospitality or business.

An area of dining capable of accommodating the number of registered guests and housed in the primary residence of the owner shall be provided. Food service shall be limited to paying guests, and only breakfasts shall be served.

The maximum consecutive length of stay for any guest shall be:

Two parking spaces for the single-family residential home and one parking space for each room being utilized for the B&B must be available on site.

A building permit must be acquired for all work that will be completed inside the existing building, and a certificate of use permit must be issued prior to the B&B conducting business. The dwelling housing the B&B must be compliant with all state fire, life safety, and health codes.

All applicable state, federal and local permits must be obtained.

For any property within the Lake Protection Zoning District the Board reserves the right to consider water quality issues such as setback to the shoreland, lot size, soil conditions, and other similar land use characteristics when weighing the merits of a SUP application.

No sign, as defined in § 305-3B of this chapter, shall be erected, altered, or relocated on any property in any district, except as permitted by and in conformance with this section.

All sign permit applications shall be filed with the Planning and Zoning Office, on forms available through the office or otherwise available, and all required fees shall be in conformance with the fee schedule approved by the Franklin City Council.

All signs and their supporting structures, whether or not erected prior to the effective date of this section, shall be maintained in safe and good condition. If the Code Enforcement Officer, the Planning and Zoning Administrator, or other appropriate City employee determines that a sign presents a hazard to public safety, then written notice shall be given to the property owner and/or manager instructing that the sign be repaired or removed.

All signs, including all electrical components, shall be installed in accordance with the applicable sections of the International Building Code, and any other applicable local, state or national codes. All electrical work shall be performed by a licensed electrician.

Abandoned signs or signs for businesses no longer in operation shall be removed by the owner when the use is discontinued for a minimum of 30 days, or in no case longer than 10 days after receiving written notice from the Planning and Zoning Administrator (hereinafter "Administrator") or the City ordering the removal of the sign.

No signage shall be placed on any property so as to limit or restrict sight distance from any driveway entrance point or from any intersection of any City street. If the Administrator or any other City public safety official determines that any signage is in violation of the provision, the property owner or manager shall remove or relocate said sign upon verbal or written notice.

Existing signage that has been legally placed on the property prior to the effective date of this section shall be allowed to remain in place, and the face of the sign may be replaced. This provision notwithstanding, if the sign is moved or removed for any purpose, or if a new supporting structure is installed, then the new or replacement sign shall conform to the provisions of this section.

Any freestanding sign shall be at least five feet away from any property line.

For any sign requiring a permit, including a freestanding sign, the Administrator reserves the right to require any additional information deemed necessary, including, but not limited to, property surveys, wind load, or structural issues, to demonstrate that the proposed sign is being installed in a safe and professional manner and will not create any public safety issues.

For any sign outlined below that is allowed to be illuminated, the sign may not be illuminated in any manner which causes a measurable adverse effect to abutting properties or an undue distraction, confusion, or hazard to vehicular traffic. The illumination may be from an internal source or through an outside light fixture (light bar, spot light, etc.). The illumination shall not spill over onto any abutting property.

If any signage is placed so that it violates any provision of this section, then within 10 days from the receipt of written notice from the City, the owner or property manager shall remove the signs.

The following types of signs are allowed and do not require any permit from the City, but are subject to the restrictions below.

None of the permitted signs outlined in Subsection B(1)(a) through (e) above shall be illuminated in any way.

Signage for any permitted or allowed home occupation. The sign shall be subject to the size limits found in § 305-25 of this chapter. A permit issued in conformance with the provisions of this section shall be obtained. Signs for a permitted home occupation may be illuminated in a manner consistent with the lighting from a home lamppost.

Signage, including any type of bulletin board or announcement-type board, for any standalone church, hospital, or school building. The sign shall not exceed 32 square feet in size. A permit issued in conformance with the provisions of this section shall be obtained. These signs may be illuminated.

Temporary signs, no larger than 32 square feet in size, announcing the events of a nonprofit organization or civic organization may be placed without a permit, but notice must be given to, and permission must be granted by, the Administrator, who reserves the right to place limits or conditions on the size, location, and design of the sign. These signs may only be placed on City-owned property with the permission of the City Council or the City Manager. If placed on private property, the permission of the property owner is required. The signs must be removed within 48 hours after the event being advertised, or at the end of the seasonal event.

Traffic and pedestrian control and safety signs (for example: "exit only," "no parking," "do not enter," or directional arrow). These signs shall be located on the subject property. For new projects that are subject to site plan review and permits, the types and locations of these signs shall be shown on the pleas submitted to the Planning Board. These types of signs may contain a company logo or name. These types of signs must be approved by the Administrator. The Planning and Zoning Administrator reserves the right to limit or regulate the number, size or design of these types of signs on any individual property.

All signage shall only advertise the business or industry located on, or the goods or services sold or provided on, the subject property.

In the B-2 Zone, the proposed signs shall not have a combined surface area greater than one square foot for each foot in width of the principal structure on the subject property. Both sides of any hanging sign shall be included in the calculation of the total area. The height of any sign in these districts shall not exceed 12 feet.

In the B-1, I-1, and I-2 Zones, the proposed signs shall not have a combined surface area greater than two square feet for each foot in width of the principal structure on the subject property. The height of any sign in these districts shall not exceed 24 feet.

Signs may project over the sidewalk so long as the sign does not impede or endanger pedestrian or vehicular traffic. All signs that extend over the sidewalk shall be professionally installed to ensure structural integrity. The bottom of any such sign must be at least 10 feet above the sidewalk. In addition to the maintenance requirements outlined in Subsection A(3) above, all structural components associated with the hanging of the sign shall be properly maintained to ensure that the sign does not become a public safety hazard. If the City determines that a hanging sign is a safety hazard, then notice shall be given to the property owner/manager to remove or repair the sign. Failure to comply with the requirements of said notice shall be considered a violation of this section and subject to any and all applicable and appropriate enforcement actions.

For any shopping center or other multitenant business building, two types of signs shall be permitted. One sign may be placed on the face of the building for each of the legally established businesses; the second sign may be a shared, freestanding directory-type sign that gives the names of the businesses located in the center. The size of the wall signs shall not exceed one square foot for each foot of the width of the individual business section with a maximum of 50 square feet for any one business use. The size of the freestanding directory sign shall not exceed the total of 15 square feet for each individual business, with a maximum of 80 square feet in the B-1 Zone. If the number of individual businesses in the center would require the size of the sign to exceed 80 square feet, then a second directory sign may be permitted to accommodate all of the individual businesses. In the I-1 (Industrial) Zone, a freestanding sign at the entrance to the Franklin Industrial Park is allowed, announcing the names of the individual companies located within the Park. This sign shall not exceed 120 square feet in size.

For a property in the B-1 or B-2 Zoning District that contains multiple buildings on one lot housing multiple businesses, each individual business may have one wall sign not to exceed 15 square feet in size. A common freestanding sign announcing the different businesses on the property may be installed, with the size not to exceed 45 square feet.

Businesses or industries located in remote areas or locations may place directional signs on land located at the intersection of a nearby traveled street, provided that the sign meets the following requirements:

Any of the signs discussed in Subsection D(1) through (5), above, may be illuminated.

For any signs discussed in Subsection D(5) and (6) above, if the associated buildings are new, then the signage shall be considered as part of the site plan review process.

The following types of signs are prohibited:

Registered or unregistered vehicles or trucks shall not be used to locate signage or any type of billboard display. Signage and advertising on any type of vehicle is limited to the advertising display of the business that owns the registered vehicle in question.

The use is conducted within the residential dwelling or any accessory building on the property, but not both.

The proposed occupation does not involve the generation of noise, dust, odors, vibration or fumes.

No outside storage is allowed.

Other than deliveries by normal household parcel delivery trucks, no other deliveries are allowed.

The proposed occupation shall be carried on by a member of the family residing in the subject residence. One employee who does not live at the subject property may be employed.

The occupation shall be one where no more than one client or client group is expected at any one point in time, with the exception of the overlap of scheduled appointments.

Notwithstanding the provisions of § 305-24, Signs, only one nonilluminated sign, no larger than two square feet in size and to be approved at the time of the issuance of the special exception, is permitted.

Adequate parking shall be available for both the primary residential use and the proposed home occupation use.

Making external alterations to the primary or accessory structure for the purpose of creating space for the home occupation and which go beyond customary changes to a residential structure is prohibited.

The area devoted to the home occupation may not be greater than 25% of the gross floor area of the principal or accessory structure.

Home occupations are personal in nature, and special exceptions obtained allowing the same expire at the termination of the business or in the event that the person holding such a permit ceases to reside at the specified location.

All building codes and/or fire and life safety codes must be met for all portions of the structures used for the proposed occupation.

The use is conducted within the residential dwelling or any accessory building on the property.

The proposed occupation does not involve the generation of noise, dust, odor, vibration, or fumes.

Other than deliveries by normal household parcel delivery trucks, no other deliveries are allowed. No semi-tractor-trailers, tow-type trucks, etc., are to be used to deliver any items to the property at any time.

The proposed occupation shall be carried on by a member of the family residing in the subject residence. Two employees who do not live at the subject property may be employed.

Notwithstanding the provisions of § 305-24, Signs, only one nonilluminated sign, no larger than four square feet in size and to be approved at the time of the issuance of the special exception, is permitted.

Adequate parking shall be available for both the primary residential use and the proposed home occupation use.

Making external alterations to the primary or accessory structure for the purpose of creating space for the home occupation and which go beyond customary changes to a residential structure is prohibited.

The area devoted to the home occupation may not be greater than 25% of the gross floor area of the principal structure.

Home occupations are personal in nature, and special exceptions obtained allowing the same expire at the termination of the business or in the event that the person holding such a permit ceases to reside at the specified location.

The proposed occupation shall not create pedestrian or vehicular traffic that is determined to be detrimental to the neighborhood.

All building code and/or fire and life safety codes must be met for all portions of the structures that are utilized for the proposed occupation.

They are erected 25 feet back from the nearest edge of right-of-way.

They are used exclusively for the sale of agricultural products.

Parking spaces are provided off the road right-of-way.

Signs conform to provisions set forth in § 305-24.

They meet site plan review requirements.

The location and plan requirements, performance standards, and general regulations have been enacted in order to fulfill the following purposes:

Nothing in this chapter or related regulations establishes a policy or requirement in favor of adequate wireless telecommunications coverage throughout the entirety of the geographical limits of the City of Franklin.

Wireless telecommunications facilities shall be permitted within the City of Franklin only in accordance with this section, the Use Table, and all other specific and applicable provisions of the Zoning Ordinance. In cases where the provisions of this section conflict with other sections of the Zoning Ordinance, the provisions of this section shall supersede said other sections and control the issuance of any permits for this type of use.

Wireless telecommunications facilities may be considered either principal or secondary uses. Having an existing, permitted use on site shall not preclude the addition of a facility as a secondary use as long as all other provisions of the ordinance are met. A different existing use or an existing structure on the same lot shall not preclude the installation of a facility on such lot. For purposes of determining whether the installation complies with dimensional regulations, including but not limited to setback and lot coverage requirements, the dimensions of the entire lot shall control, even though the facility may be located on leased parcels within such lots. Facilities that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure, and facilities installed in conformance with the provisions of this chapter will not need to obtain a variance except if the proposal goes outside the terms of this chapter or requires waivers that cannot be granted by the Planning Board in accordance with the authority granted to the Board under this chapter.

Any alteration or modification of, or to, a facility approved per a previously issued permit will require a new approval consistent with this zoning provision.

This chapter shall not govern any tower or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. This chapter adopts the provisions and limitations as referenced in RSA 674:16 IV.

Wireless telecommunication facilities shall not be considered essential services or any type of public utility as defined or used elsewhere in the City's Zoning Ordinance or any regulations. The use and siting of wireless telecommunications facilities are entirely controlled and governed by this section.

Prior to constructing any type of wireless telecommunications facility, the applicant shall obtain a special use permit (SUP), as defined, from the Franklin Planning Board.

For the purpose of the issuance of the SUP, the Board shall also consider the application under the provisions of the site plan permitting process. All hearings, procedures and administrative actions shall be conducted in accordance with RSA 676:4.

Pursuant to the authority granted by the Site Plan Regulations,[1] the applicant shall file for a preliminary site plan review. At a minimum, the purpose of this preliminary discussion is to discuss siting issues and compliance with Subsection E, below. At a maximum, the applicant may present any information outlined in Subsections F or G, below. Any decisions, consensus opinions, or comments made by the Board or any individual member is not binding and shall not interfere with any participation in the hearing for the SUP. The hearing process for this preliminary discussion is a public hearing, and proper notice to the abutters is required, but it does not trigger notice to the communities within 20 miles of the boundaries of the City.

The Board may waive any provision of this section upon finding that such waiver is in the best interest of the City of Franklin; that the waiver will not injure, harm, or otherwise adversely impact the surrounding neighborhood of the proposed facility; and that the goals, objectives, and purposes of the overall Zoning Ordinance and this section are not compromised.

Pursuant to the purposes of this zoning provision and the goals of the City to encourage camouflaged locations and collocations, the applicant shall utilize the following location priorities, starting with the first option. An applicant shall show proof of having exhausted each option (for example, an analysis of the siting characteristics for multiple sites considered for a location option) before moving on to the succeeding options. The Board reserves the right to request any information, tests, or other analysis to determine if the proof presented to eliminate a location option is satisfactory and supported by the facts. The burden of proving an option is not viable rests with the applicant.

In making findings that a location priority cannot be achieved, the Board will consider a variety of issues, including, but not limited to:

The Board is not obligated to consider any financial evidence relating to an inability of the applicant to come to financial and contractual terms with a building or property owner for rent or lease of space for a proposed facility when making the finding discussed.

The applicant shall provide copies of all letters of inquiry made to owners of existing lots, buildings or structures and letters of rejection. If letters of rejection are not provided, at a minimum, unanswered "return receipt requested" forms from the United States Post Office shall be provided for each owner of existing structures that was contacted. The Board reserves the right to require any other documentation deemed necessary to insure that adequate efforts have been made to secure siting options on existing buildings or structures.

For all proposed facilities, the following standards shall be met:

For all proposed facilities to be attached to or mounted onto an existing building or structure, the following standards shall be met:

For all proposed facilities to be stand-alone, ground-mounted towers, the following standards shall be met:

A plan meeting the requirements of a site plan, as outlined in Chapter 402, site plan Review, of the City Code, shall be submitted. Further, if a new tower is proposed, then this plan shall locate and show all buildings within 500 feet of the proposed tower.

A picture, or other architectural rendering, and an engineered plan of the proposed facility, including all antennas and associated equipment.

A plan that details the proposed equipment compound. Said plan shall show all proposed equipment, including, but not limited to, generators, buildings, or lighting.

A plan showing, and accompanying narrative describing, the maximum number of collocators that can be accommodated on the proposed tower and in any associated equipment compound.

Written proof that the proposed use/facility complies with the FCC regulations on radio frequency (RF) exposure guidelines.

For any stand-alone, ground-mounted tower [see Subsection F(3)], the applicant shall develop and install an installation simulation (i.e., tethered balloon) that depicts the ultimate maximum height and location of the antenna at the proposed site. The applicant shall advertise in local papers to alert area residents, in all municipalities within 20 miles of the proposed site, that the simulation is available for viewing. The advertisement shall be published two times, with the first ad at least three days prior to the simulation. The simulation shall be maintained for a minimum of two days from the date of the last newspaper publication. The applicant shall provide to the Board a listing of the newspapers carrying the public notice, a copy of the advertisement, and the publication dates. Further, the applicant shall notify, by return receipt mail, all abutters, as defined in RSA 672:3.

A description of the installation simulation [defined in Subsection G(6) in this section], including metrics of the simulation, a list of newspapers carrying the public notice, a copy of the advertisement, dates the advertisement was carried and the duration of the simulation.

An inventory of all existing wireless telecommunications towers (both active and decommissioned) that are within the jurisdiction of the City and those within two miles of the border thereof, including specific information about the location, height, and design of each tower. This information shall be used by the applicant as part of the analysis on options for collocation as discussed in Subsection E(1) and E(2), above. This information will be considered a public document and may be shared with any carrier or individual.

Radio frequency coverage maps showing and narratives describing the existing coverage areas in the City and the proposed or desired coverage areas.

Written proof that an evaluation has taken place which demonstrates that the use/facility satisfies the requirements of the National Environmental Policy Act (NEPA). If an environmental assessment (EA) or impact statement (EIS) is required under the FCC rules and NEPA, submission of the EA or EIS to the Board prior to the beginning of the federal thirty-day commitment period, and the City process, shall become part of the application requirement.

An architectural rendering that shows the proposed tower/facility from the perspective of the closest public street and the perspective of the abutting property owners.

Any other plans, material, or information deemed appropriate or necessary by the Board to make a decision on the application.

In addition to the abutter and public notice as required under the Site Plan Regulations, the applicant is responsible for notification per RSA 12-K:7, as amended. As part of the application package submitted to the Board, the applicant shall submit a listing of all communities within 20 miles of the borders of Franklin and the local newspapers used by those communities for legal ad purposes. The applicant is responsible to pay the fees associated with the newspaper ads and the notice to the individual communities. The fees shall be the same as the abutters notice fees per the City's Fee Schedule.

Compliance with the purpose, design standards and overall requirements of the zoning provision.

The relationship of the proposed facility to the neighborhood.

The relationship of the proposed facility to the site on which the facility will be located. While recognizing that these types of facilities may be either primary or secondary uses on a specific site, it is not the intention of these regulations to allow the siting of these facilities on an already developed site so that the site, in the opinion of the Board, becomes overcrowded or that the addition of the facility creates new and unusual safety hazards or concerns.

At such time as a carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the City by certified United States Mail of the proposed date of abandonment or discontinuation of operations, with said notice given no less than 30 days prior to the proposed date. In the event that a carrier fails to give such notice, the wireless service facility shall be considered abandoned upon such discontinuation of operations.

Upon abandonment or discontinuation of use, the owner of the facility shall physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

If the owner of the facility does not remove the facility upon the Zoning Administrator's order, then the City Council shall, after holding a public hearing with notice to the owner and abutters, issue a declaration of abandonment. The owner of the facility shall dismantle and remove the facility within 90 days of receipt of the declaration of abandonment by the City Council. If the abandoned facility is not removed within 90 days, the City may execute the security to pay for this action.

Recognizing the hazardous situation presented by abandoned and unmonitored facilities, the Planning Board shall set the form and amount of security that represents the cost for removal and disposal of abandoned or discontinued telecommunications facilities. The amount of the security shall be based upon the removal cost plus 15%, as provided by the applicant and certified by a professional civil engineer licensed in New Hampshire. The owner of the facility shall provide the Planning Board with a revised removal cost estimate and structural evaluation prepared by a professional civil engineer licensed in New Hampshire every five years from the date of the Planning Board's approval of the site plan. If the cost has increased more than 15%, then the owner of the facility shall provide additional security in the amount of the increase. The aforementioned security shall be posted with the Planning Board prior to the issuance of a certificate of occupancy for the facility.

In granting a special use permit, the Planning Board may impose conditions necessary to minimum any adverse effect of the proposed tower on adjoining properties and to preserve the intent and purpose of this section.

The Planning Board may approve, approve with conditions or deny an application. All decisions shall be in writing, and a denial shall be based on substantial evidence contained in the written record.

Municipal systems. All solar collection systems for municipal use are exempt from land use regulations pursuant to NH RSA 674:54.

Commercial utility solar systems on municipal land, where there is a lease to an LLC or other commercial party, require special use permits and/or site plan approval as applicable.

Building height. Roof flat-mounted solar collection systems shall be exempt from building height limitations.

For all roof-mounted systems, the owner or applicant must provide with the site plan application, or the building permit application, sufficient data and analysis to demonstrate that the existing roof can support the proposed system. No building permit will be issued without this documentation.

Lot coverage. For any zoning district where maximum lot coverage limitations are in place, noncommercial utility solar ground-mounted collection systems shall not be included in the calculations for total lot coverage.

Solar collection systems shall be considered structures. Except as noted below, all portions of any type of a ground-mounted system shall comply with building setback requirements from lot lines as outlined in § 305-14. No portion of a system may cross into the setback.

For any type of ground-mounted tracking system, the setback shall be measured from the point [and time of day] where the array is closest to the lot line.

For any commercial utility solar project located in the Industrial [I-1] Zoning District, the following requirements shall apply:

For any commercial utility solar project located in the Conservation [C] Zoning District, the following requirements shall apply:

For any site plan or special use permit application, the Planning Board retains the rights, under RSA 767:4-b, to hire a third-party consultant to assist the Board in various phases of the review, approval, or inspection of the construction work. The applicant or owner shall submit funds to the City to establish an escrow account to compensate the consultant.

In granting a conditional use permit pursuant to this section, the Planning Board may impose any reasonable conditions or restrictions deemed necessary to carry out the intended purpose of this section.

In its review of any solar project, the Planning Board will evaluate how the design and location characteristics of the project might impact the character of the neighborhood and specifically the direct abutters. Two important review criteria will be if the project is contrary to the public interest, and if there will be adverse impacts to the character of the neighborhood and/or the direct abutters.

For any specific requirements for a special use permit, or any requirements in § 305-6 of the Zoning Ordinance, which overlap with requirements in the site plan review regulations, the most restrictive shall apply.

A conceptual design plan hearing, with full notice to all abutters, is required for all commercial utility Solar projects.

If the project triggers the submission of an alteration of terrain permit [AOT] application to the NH DES, then no further stormwater analysis is required. If no AOT application is required, then the applicant shall provide a stormwater analysis consistent with the site plan regulations.

One overall goal of the submitted, and required, plan shall be to screen the project from views of abutting properties and public ways. The applicant shall submit a plan which has been prepared and stamped by a licensed landscape architect. The plan shall indicate the location, height and spacing of existing vegetation to be preserved and areas where new plantings, fencing, etc., will be required.

The applicant should, to the greatest degree possible, utilize the existing terrain and landscaping to help provide appropriate screening and buffer. The minimization of clearing of existing trees and shrubs will assist in this goal.

The use of evergreens, and other native species found in the area, as required.

Required screening shall be maintained during the operative lifetime of the solar collection system special use permit or site plan approval. Any decision by the Board shall indicate the frequency of inspections and the submission of reports to the Planning Office.

Primary agriculture solar should minimize impacts to farmland activities and prime farmland soils (as defined and delineated by soil survey and definition of NH NRCS). Dual-use arrangements (solar and farming activities are encouraged where practical).

The use of chemicals for vegetative management is prohibited. The use of native grasses, wildflowers, or other seed mixes approved by the NH DES shall be used, with regular mowing used to manage the facility.

Land clearing shall be limited to what is necessary for the installation and operation of the system and to insure sufficient all-season access to the solar resource given the topography of the land.

Following construction, cleared land areas must be restored with native species that are consistent with the use of the site as a solar collection system (such as slow growth or low ground cover).

Erosion control measures during construction shall be detailed as required.

All systems not connected to the grid shall be approved by the electrical inspector or Building Inspector, as required.

Grid-tied systems shall file a copy of a final approved interconnection agreement with the municipality prior to operation of the system.

All commercial utility solar systems shall have antiglare coatings.

For commercial utility systems. The application must include calculations for any equipment noise on the site based on equipment specification materials (such as inverters).

Noise levels at the property line shall be in accordance with reasonable levels given the location of the facility with due consideration to the surrounding land uses and zone.

On-site lighting shall be minimal and limited to access and safety requirements only. All lighting shall be downcast and shielded from abutting properties.

The owner of the facility shall notify the City and the Planning Office if it intends to abandon the facility. The term "owner" includes the owner(s) at the time of the application or approval, and any future owner(s), project management team, or lease holder.

If the owner fails to notify the City, the City reserves the right to determine that abandonment has occurred. Solar collection systems shall be deemed to be abandoned if operations have discontinued for more than three months without written consent of the municipality (for example, reasons beyond the control of the owner/operator). Notice of this determination shall be provided to the owner by the Building Inspector. The owner shall have a thirty-day period within which to respond to the City.

An abandoned system shall be removed and the site restored within 120 days of date of abandonment.

The term "site restored" means that the property is cleared of all solar components and is left in a stable, noneroding, litter-free, and clean condition. A landscaping may remain in place.

The term "solar components" includes, but is not limited to, all panels and racking systems, all aboveground equipment, all underground utility lines, security fencing, any subsurface foundations, poles and any associated mounted equipment. Utility poles that are owned or managed by the applicable energy company, and which can be removed without impacting the overall grid system, shall be removed as well.

In cases where the proposed solar facility is approved, the application shall submit the decommissioning plan with the thirty-day appeal period following the endorsement of the approved notice of decision. The applicant can, of course, submit the plan, or a draft, during the hearing process.

In order to ensure that the required site restoration work is performed, the owner of any commercial utility, accessory agricultural, or multiunit residential solar system shall provide the City with a performance bond equal to the estimated costs of restoration. The following conditions shall apply:

Webster Lake is a public water body. In as much, the City of Franklin shares with the State of New Hampshire jurisdiction and responsibility to protect and maintain the quality of this valuable resource for the greatest public benefit.

The Webster Lake watershed, which falls within the municipalities of Andover, Hill and Franklin, is a valuable and fragile natural resource and has direct influence on the integrity of the water quality of Webster Lake.

Under current local and state laws, the potential exists for random, piecemeal or uncoordinated uses of the land within the watershed, which could have significant negative impact on the water quality of Webster Lake and its tributaries. The environmental quality of the watershed has been degraded due to agricultural runoff, the destabilization of soils from development activities, and the failure of septic systems.

The creation of performance standards for certain land use activities within the watershed will provide for increased long-term protection of Webster Lake and its watershed.

Where the Webster Lake watershed transcends municipal boundaries, the City of Franklin will seek opportunities to work cooperatively with neighboring towns toward the common objective of improved water quality within the subject watershed. In the spirit of a regional approach to resource management, the City will foster cooperation among regional and state officials to further enhance the quality of water found in this overlay district.

Under RSA 674:16 the Planning Board has the authority to promulgate recommendations to modify or create zoning changes and for the City Council to adopt such recommended changes.

RSA 674:21, Innovative Land Use Controls, sections (h) and (j), allows municipalities to adopt ordinances which contain performance standards and environmental characteristics zoning that allow the City to promulgate standards to ensure the continued integrity of these natural resources.

In any case where a provision of these regulations is found to be in conflict with provisions of other regulations, ordinances or codes of either the state or the City, the provisions which are more restrictive shall prevail.

Agriculture (includes any agricultural activities):

Wetlands and surface waters:

Forestry (includes all commercial forestry activities):

Site construction (commercial/industrial or residential):

Septic systems:

If the structure is not on public sewer, the applicant shall provide evidence to the Administrator that approval for the existing septic system to handle septic flows resulting from full-time occupancy has been received from by the New Hampshire Department of Environmental Services, Water Supply and Pollution Control Division, under the provisions of RSA 485-A. In the alternative, the applicant can document that a newly installed septic system for the structure has been approved by NHDES.

All dimensional setbacks must be maintained if any structural changes are made in footprint size or volume during the course of the conversion.

If applicable, all requirements of the state's Comprehensive Shoreland Protection Act must be met.

The applicant must demonstrate that adequate off-street parking is available.

The proposed project must adhere to all other provisions of the Franklin Zoning Ordinance, including any appropriate overlay districts.

A certificate of occupancy is required.

Increase the supply of affordable housing units without the need for more infrastructure or further land development;

Provide flexible housing options for residents and their families;

Integrate affordable housing into the community with minimal negative impact; and

Provide elderly citizens with the opportunity to retain their homes and age in place.

Only one accessory dwelling unit (ADU) shall be permitted on a parcel that contains a single-family dwelling.

The owner(s) of the property shall reside in either the principal unit or the ADU. At the time when a building permit or application is filed for the creation of the ADU, the owner must submit a notarized statement which documents that he/she will reside in one of the units.

Appearance.

Any proposed addition to the structure necessary to create the ADU shall conform to the setback requirements of § 305-14 (or any setbacks required by the Planning Board as part of a separate permit process), be approved through the provisions of § 305-18, or receive a variance.

No ADU shall be established in a condominium, or converted to condominium ownership.

No detached ADUs are allowed.

The ADU:

Parking for the combination single-family dwelling and ADU shall comply with the parking requirements in § 305-19 of the Zoning Ordinance. No new curb-cuts or a separate driveway are permitted.

Prior to the issuance of a building permit for the creation of the ADU, the owner/applicant shall provide evidence to demonstrate adequate provisions for water and sewage disposal for the principal dwelling unit and the ADU in compliance RSA 485-A:38 (or its successor statute or regulation).

All City ordinances and regulations applicable to the single-family dwellings shall also apply to the combined principal unit and the ADU.

The purpose of this section is, in the interest of public health, safety, and general welfare, to preserve, maintain, and protect from contamination existing and potential groundwater supply areas that may be available for use as a current or future source of supply for Franklin's municipal water system, and to protect other wells and surface waters that are fed by groundwater.

This section also serves as a public education tool to increase residents and small businesses awareness on typically unrecognized hazards.

The Stratified Drift Aquifer(s) shown on the map, entitled water Resources and Groundwater Protection District, dated March 2023, or as updated by USGS and made available through NH GRANIT.

For any new or expanded uses that will render impervious more than 20% or more than 5,000 square feet of any lot, whichever is greater, a stormwater management plan shall be prepared which the Planning Board determines is consistent with New Hampshire Stormwater Manual Volumes 1-3, December 2008, NH Department of Environmental Services and City of Franklin Stormwater Management Regulations/Rules/etc. If relief from this provision is desired, see Subsection J, Conditional Uses.

Redevelopment proposals that will render new impervious areas below the threshold in Standard "A," and/or result in a more intense use of the property, shall require proposed stormwater management improvements appropriate for the proposed sale and use.

Stormwater management shall not allow for the infiltration of stormwater through areas containing contaminated soils.

Stormwater infiltration practices must maintain a minimum of four feet vertical separation between the bottom of a stormwater practice those infiltrates or filters stormwater and the average seasonal high-water table as determined by a New Hampshire licensed hydrogeologist, soil scientist, engineer or other qualified professional as determined by the Planning Board.

Animal manures, fertilizers, and compost must be stored in accordance with Manual of Best Management Practices for Agriculture in New Hampshire, NH Department of Agriculture, Markets, and Food, (June 2011) and any subsequent revisions;

All regulated substances within regulated containers or hazardous substances listed under 40 CFR 302.4 with a capacity equal to or greater than the reportable quantity must be used and stored in accordance with Env-Wq 401, Required Best Management Practices for Groundwater Protection, New Hampshire Code of Administrative Rules. Additionally:

Prior to any land disturbing activities, all inactive wells on the property, not in use or properly maintained at the time the plan is submitted, shall be considered abandoned and must be sealed in accordance with We 604 of the New Hampshire Water Well Board Rules;

All activities related to rock blasting must adhere to NHDES WD-10-12, Best Management Practices for Blasting, Rock Blasting and Water Quality Measures That Can Be Taken To Protect Water Quality and Mitigate Impacts, prepared 2010, and any subsequent revisions;

All transfers of petroleum from delivery trucks and storage containers over five gallons in capacity shall be conducted over an impervious surface having a positive limiting barrier at its perimeter. A positive limiting barrier (PLB) is a depression (e.g., groove) in the surface of an otherwise level impervious area designed to impede the flow and contain spilled substances within the perimeter of the impervious area. PLBs are typically constructed and maintained to contain small spills or releases (five to 15 gallons).

A description of the physical layout and a facility diagram, including all surrounding surface waters and wellhead protection areas;

Contact list and phone numbers for the current facility response coordinator(s), cleanup contractors, and all appropriate federal, state, and local agencies who must be contacted in case of a release to the environment;

A list of all regulated substances in use and locations of use and storage;

A prediction of the direction, rate of flow, and total quantity of regulated substances that could be released where experience indicates a potential for equipment failure;

A description of containment and/or diversionary structures or equipment to prevent regulated substances from infiltrating into the ground;

List of positions within the facility that require training to respond to spills of regulated substances;

Prevention protocols that are to be followed after an event to limit future large releases of any regulated substance.

The development or operation of a solid waste landfill;

The outdoor storage of uncovered road salt or other deicing chemicals in bulk;

The development or operation of a junkyard;

The development or operation of a non-municipal snow dump;

The development or operation of a non-municipal wastewater or septage lagoon;

The development or operation of bulk fuel sale and/or storage.

The development or operation of fueling stations.

Use of powdered ammonium nitrate fuel oil and explosives that contain perchlorate during blasting activities.

The Planning Board may grant a conditional use permit for a use which is otherwise permitted in the underlying district, if the permitted use is involved in one or more of the following:

In granting such approval, the Planning Board must first determine that the proposed use is not a prohibited use (as listed in Subsection I of this section) and will be in compliance with the performance standards in Subsection F as well as all applicable local, state and federal requirements. The Planning Board may, at its discretion, require a performance guarantee or bond, in an amount and with surety conditions satisfactory to the Board, to be posted to ensure completion of construction of any facilities required for compliance with the performance standards.

Any private residence is exempt from all performance standards; however, home occupations are not exempt;

Any business or facility where regulated substances are stored in containers with a capacity of less than five gallons or where hazardous substances are stored in containers with a capacity of less than the reportable quantity is exempt from Subsection F, Performance standards, Subsection F(5) through (8);

Storage of heating fuels for on-site use or fuels for emergency electric generation, provided that storage tanks are indoors on a concrete floor or have corrosion control, leak detection, and secondary containment in place, is exempt from performance standard, Subsection F(5);

Storage of motor fuel in tanks attached to vehicles and fitted with permanent fuel lines to enable the fuel to be used by that vehicle is exempt from performance standards, Subsection F(5) through (8);

Storage and use of office supplies is exempt from performance standards, Subsection F(5) through (8);

Temporary storage of construction materials on a site where they are to be used is exempt from performance standards, Subsection F(5) through (8) if incorporated within the site development project within six months of their deposit on the site;

The sale, transportation, and use of pesticides as defined in RSA 430:29 XXVI is exempt from all provisions of this section;

Non-reoccurring household hazardous waste collection projects regulated under NH Code of Administrative Rules Env-Hw 401.03(b)(1) and 501.01(b) are exempt from performance standards, Subsection F(5) through (8);

Underground storage tank systems and aboveground storage tank systems that are in compliance with applicable state rules are exempt from inspections under Subsection N of this section.

For uses requiring Planning Board approval for any reason, a narrative description of maintenance requirements for structures required to comply with performance standards shall be recorded so as to run with the land on which such structures are located, at the Registry of Deeds for Merrimack County. The description so prepared shall comply with the requirements of RSA 478:4-a.

Inspections may be required to verify compliance with performance standards. Such inspections shall be performed by appropriate City Staff and/or a consultant at reasonable times with prior notice to the landowner.

All properties in the Groundwater Protection District known to the City of Franklin as using or storing regulated substances in containers with a capacity of five gallons or more, except for facilities where all regulated substances storage is exempt from this section under this subsection, shall be subject to inspections under this subsection.

The City of Franklin may require a fee for compliance inspections. The fee shall be paid by the property owner. A fee schedule shall be established by the Franklin City Council as provided for in RSA 41-9:a.