The purpose of allowing home occupations and home-based businesses is to enhance economic opportunities for residents without significantly detracting from the quality of the neighborhoods.

(1)

Home occupation. One home occupation shall be permitted in each residential unit. No town approval is required. This type of home occupation shall be such that there are no impacts detectable from beyond the property boundaries. There shall be no nonresident employees, no increase in traffic generation, no increase in parking, and no outside activity or storage of any kind. A sign meeting the standards of article IV of this chapter shall be permitted.

(2)

Home-based business. One home-based business shall be permitted in each single-family residential unit, subject to the following:

a.

The home-based business is accessory to the residential use.

b.

Size limits. The home-based business shall not exceed the following size limits without a special use permit from the planning board. The board shall consider the size of the lot, the suitability of access, ability to provide municipal services, impact on neighbors and the neighborhood, and other such considerations.

1.

Nonresident employees shall not be greater than one per acre of lot size, or greater than a total of four.

2.

The home occupation shall be located within the dwelling or an accessory structure, and shall be limited to a floor area of not more than one-third of the total floor area of the primary residential structure including its attic, basement and attached garage.

c.

Home-based businesses uses may include office, personal or business service, light manufacturing, or other uses of a similar nature, but there shall be no on-site sale of goods except as is incidental to the primary activity or service.

d.

There shall be no outdoor activity or use, including storage and parking of commercial vehicles of 1.5-ton capacity or greater, beyond the provision of employee parking.

e.

The home occupation shall not be such that it requires regular or frequent service by heavy commercial trucks since this would adversely impact the character of the neighborhood.

f.

Sufficient on-site parking shall be provided.

(Ord. of 2-14-1996, § 7.01; Ord. of 06-21-2017)

(a)

Nonresidential only. Mixing of multiple nonresidential uses on a lot shall be permitted.

(b)

Mix of residential and nonresidential uses on one lot. In certain instances, it is appropriate to have a mix of permitted uses on a single lot. Residential use may be permitted in combination with nonresidential uses on a single lot or in a single structure, provided the following conditions are met:

(1)

Permitted only in the M-2, M-3, M-4, and VC districts, and in other districts as specified elsewhere in this chapter. Mixed-use redevelopments within properties that have historic mill buildings located in the VC district are subject to the special use permit requirements as set forth in section 32-241(b)(2)b.

(2)

Site plan review approval shall be required for the entire property to ensure that the site is suitable for the proposed mix of use.

(Ord. of 2-14-1996, § 7.02; Ord. of 11-18-2009; Ord. of 08 07 2013; Ord. of 06-21-2017; Ord. No. 01-2024/2025, § 2, 6-18-2025)

(a)

Purpose. It has been deemed to be in the public interest to permit accessory dwelling units ("ADUs") in all zoning districts where single-family residential use exists, or is designated as a permitted use, so as to:

(1)

Maintain a diverse supply of housing options;

(2)

Provide flexible, adequate and affordable living accommodations;

(3)

Support homeowners utilizing excess space to offset the cost of home ownership;

(4)

Foster the town's community fabric by establishing spaces for multigenerational living;

(5)

Promote the conservation of energy and land by the repurposing of existing structures and the preservation of open space.

(b)

Prohibitions. The following uses directly associated with ADUs are prohibited:

(1)

The leasing of either the principal residence, the ADU or both for short-term rental.

(2)

The conversion of an ADU into a condominium or any other form of legal ownership distinct from the ownership of the single-family dwelling.

(3)

The conversion of an ADU into a primary dwelling unit, unless it were to become the only dwelling unit on the lot.

(4)

The construction of an ADU within the 100-year flood plain.

(c)

Permitting process. Except otherwise required by state statue or the Municipal Code of the Town of Newmarket, New Hampshire, an ADU requires only a building permit application.

(d)

Recertification and retirement of ADUs. All properties with an ADU shall submit on an annual basis an ADU recertification application to the town confirming the ADUs status. Failure to submit a recertification application shall result in the revocation of occupancy of the ADU. In the event an ADU is abandoned or converted into the primary dwelling unit, the property owner shall comply with all applicable federal, state and local regulations.

(e)

Standards. The follow standards shall apply to all ADUs:

(1)

Occupancy and ownership. The property owner shall occupy and establish as their primary residence either the principal dwelling unit or the ADU. Residency shall be demonstrated by evidence of voter or vehicle registration with the Town of Newmarket, New Hampshire. When the property is owned by one or more trusts, limited liability companies ("LLC"), or other unnatural persons, one of the dwelling units shall be the principal place of residence of the beneficiary of the trust or LLC.

(2)

Dimensions. The following dimensional controls shall be observed:

a.

Living area. The following standards for living area shall apply:

1.

All ADUs shall be of a size between 200 and 1,000 square feet as measured by gross floor area;

2.

No ADU shall be of a size greater than 80 percent of the primary dwelling unit's total gross floor area, provided the size is not restricted to less than 750 square feet; and

3.

All ADUs are limited to a maximum of two bedrooms.

b.

Structure setbacks. All ADUs shall adhere to applicable setback requirements, pursuant to section 32-89, Dimensional table, unless a legally nonconforming accessory structure is proposed to be converted into an ADU.

c.

Density. A single-family lot proposing an ADU is exempt from the Maximum Residential Density requirements, pursuant to section 32-89, Dimensional table.

d.

Impervious surface coverage and stormwater management. A lot proposing to increase its pre-existing impervious surface coverage to accommodate the construction of an ADU shall not devote more than 65 percent of the lot's total land area to impervious surface coverage. If the lot surpasses the 65 percent impervious coverage limit, as a result from the introduction of new impervious surface, compliance with Sec. F, Part A. of Appendix C. Stormwater Management Regulation of Municipal Code of the Town of Newmarket, New Hampshire is mandatory.

e.

Renewable energy systems. If a rooftop solar energy system is proposed for installation onto an ADU, a 100 square foot bonus may be applied to the ADU's maximum allowable gross floor area.

(3)

An ADU on a single-family lot with a manufactured home. A single-family lot with manufactured housing is permitted only to have a DADU.

(4)

Building design. An ADU shall be clearly subordinate to the primary dwelling unit, as demonstrated in the structure's design and placement, and shall adhere to the following standards:

a.

AADUs and ICADUs shall be designed as follows:

1.

Aesthetics, integration and entrance. Proposed ADUs shall have a roof pitch, windows, and eaves that maintain the aesthetic continuity of the principal dwelling unit. To wit: The ADU's design shall achieve an appearance in all parts as a continuation, or an accompaniment to the single-family residence, while designs giving the appearance of a duplex or multifamily structure are prohibited. A separate entrance into the ADU structure, in view from public right-of-way, is allowed, provided the entrance is designed to harmonize with the primary dwelling unit in a manner not indicative of an entrance into a separate dwelling unit.

2.

Building materials. All ADUs shall use similar exterior materials (roof, siding, and trim) and a color that complements the primary residence.

3.

Building safety. Fire escapes or exterior stairs for access to an upper-level ADU shall not be located on a side of a structure that faces a street.

4.

Building access. An interior door shall be provided between the principal dwelling unit and the ADU: However, it shall not be required to remain unlocked.

b.

DADUs shall be designed as follows:

1.

Building aesthetics and materials. A newly constructed DADU, or multipurpose structure including an ADU within, shall be designed definitively as an accessory structure while maintaining an aesthetic continuity with the primary dwelling unit. A conversion of an accessory structure into ADU may maintain its pre-exiting facade: However, all future improvements to the ADU's exterior shall maintain its pre-existing aesthetic characteristics, or be improved to become more aesthetically harmonized with architectural qualities of the primary dwelling unit.

2.

No ADU shall be closer to the front property line than the primary dwelling unit except under the following circumstances:

i.

If the principal dwelling unit is setback at least 100 feet from the front property line, the accessory structure to be used exclusively to accommodate an ADU is permitted to be no closer than 80 feet from the front property line.

ii.

A preexisting accessory structure built prior to March 15, 2023 that is located closer to the front property line than the primary dwelling unit is permitted to be converted into an ADU.

iii.

An ADU is permitted to be closer to the front property line than the primary dwelling unit provided that the ADU is located within an accessory, multipurpose structure.

3.

Building safety. Fire escapes or exterior stairs for access to an upper-level DADU shall not be located on a side of the structure that faces a street.

(5)

Parking. The following parking standards shall be followed:

a.

On-site parking shall be provided to support the use of both the primary dwelling unit and ADU.

b.

Outdoor parking spaces accommodating an ADU are authorized to encroach into a lot's setbacks, provided that the location of the new parking spaces are at minimum 20 feet from an abutting property's dwelling unit, or maintain the setback of pre-existing parking spaces that are permitted to be closer than 20 feet to an abutting property's dwelling unit. The Planning Board may grant a special use permit to reduce the minimum distance from an abutting property's dwelling unit to ten feet for proposed new parking spaces accommodating an ADU provided the following standard is met:

1.

A proposed or exiting landscaping buffer, or neighbor-friendly fencing shall screen adequately the parking space(s) from the abutting property and shall be maintained in perpetuity by the property owner so long as the ADU exists. In the event new landscaping is proposed to meet this standard, non-invasive vegetation shall be used exclusively. Modifications made to an approved landscaping buffer or neighbor-friendly fencing that reduce the efficacy of their screening capabilities shall require prior Planning Board approval.

(6)

Water supply and sewage disposal. Adequate water supply and sewage disposal shall be provided. If town water and sewer services the site, all applicable fees shall be assessed prior to the issuance of a building permit, pursuant to § 14 Environment and Natural Resources of the Municipal Code of the Town of Newmarket, New Hampshire, and paid prior to the issuance of the ADU's certificate of occupancy. When town sewer is not provided, the proposed septic system servicing the ADU shall meet the New Hampshire Department of Environment Services, Water Division, requirements for the combined system demand for total occupancy of the premises.

(Ord. of 2-14-1996, § 7.03; Ord. of 9-1-2004; Ord. No. 2016/2017-01, 3-1-2017; Ord. of 06-21-2017; Ord. No. 3-2022/2023, § 2D, 3-1-2023)

(a)

Purpose. The purpose of this section is to regulate sexually oriented businesses which, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: Depreciation of property values, deterioration of neighborhoods, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in litter, noise, and the interference with residential property owner's enjoyment of their property in the vicinity of such businesses. It is the Town's intent to prevent community-wide adverse impacts, which can be brought about by the concentration of adult businesses in close proximity to each other or proximity to incompatible uses such as schools, churches, parks, public facilities and buildings and residentially zoned uses. The town finds that it has been demonstrated in various communities that the concentration of adult businesses causes adverse impacts described in this subsection and can cause businesses and residents to move elsewhere. It is, therefore, the further purpose of this section to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their close proximity to incompatible uses, while permitting the location of such businesses in certain areas. (See additional information considered upon adoption of the ordinance from which this section is derived available as reviewed and incorporated into the record of the planning board as part of its hearing on February 13, 2001, regarding the adoption of the ordinance from which this section is derived.)

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Establishment means and includes any of the following:

(1)

The opening or commencement of any sexually oriented business as a new business;

(2)

The conversion of an existing business, in whole or in part, whether or not a sexually oriented business, to any sexually oriented business;

(3)

The additions of any sexually oriented business to any other existing sexually oriented business; or

(4)

The relocation of any sexually oriented business

Sexually oriented businesses or SOB includes the following:

(1)

Any business conducted for the entertainment of adults, engaged in the selling, renting, or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Included in the definition is any business, that as substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications depicting the anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Also included in this definition is any business selling, renting, or displaying sexually oriented devices intended for use in the specified sexual activities.

(2)

A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, magazine, newspaper, pamphlet, film video or any other form or medium, or sexually oriented devices intended for use in the specified sexual activities, which receives 15 percent or more of the gross revenue from, or devotes 15 percent or more of the stock on hand or 15 percent or more of the gross floor area to such activity, is presumed to be engaging in substantial or significant conduct with respect to such activity.

(3)

Any business wherein the selling of any food or beverage served by employees engaged in partial or total nudity or exposed specified anatomical areas.

(4)

Any business conducted for the entertainment of adults wherein an employee, patron or any other person engages in or are shown specified sexual activities or exhibit or engage in partial or total nudity or otherwise expose specified anatomical areas.

(5)

Any business, which as a substantial or significant portion of its business, provides live or filmed entertainment wherein specified anatomical areas of the human anatomy are exposed.

Specified anatomical areas includes any of the following, whether actual or simulated:

(1)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(2)

Less than completely and opaquely covered human genitals or pubic region, buttock, and female breast below a point immediately above the top of the areola.

Specified sexual activities means and includes any of the following:

(1)

The fondling or sexual touching of human genitals, pubic regions, buttocks, anus, or female breasts;

(2)

Sex acts, normal or deviant, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of, or in connection with, any of the activities set forth in this definition.

(c)

Sales of obscene matter. A sexually oriented business may not sell or display obscene matter, as that term is defined by RSA 650:1 as it is amended.

(d)

Location requirements. A sexually oriented business shall not be located within a residential district or within 750 feet of any of the following:

(1)

A church, synagogue, mosque, temple or building, which is used primarily for religious worship and related religious activities;

(2)

A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

(3)

A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, or other similar public land within the town which is under the control, operation, or management of the town parks and recreation authorities;

(4)

The property line of a lot devoted to a residential use as defined in this chapter;

(5)

An entertainment business which is oriented primarily towards children or family entertainment; or

(6)

A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state.

(e)

Development and performance standards. The following development standards shall apply to all sexually oriented businesses:

(1)

No adult business shall be located in any temporary or portable structure.

(2)

Trash dumpsters shall be completely enclosed by a screening enclosure so as not to be accessible to the public.

(3)

Off-street parking shall be provided as specified in the site plan review regulations.

(4)

The entire exterior grounds, including the parking lot and landscaped areas, shall be lighted in such a manner that all areas are clearly visible at all times.

(5)

Any signage shall conform to the requirements of this chapter, and shall not contain sexually oriented photographs, silhouettes, or other pictorial representations.

(6)

All entrances to an SOB shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.

(7)

No residential structure or any other nonconforming structure shall be converted for use as an adult business.

(8)

No residence, apartment, living quarters or mobile home shall be located on the parcel where an adult business is located.

(9)

The following performance standards shall apply to all sexually oriented businesses:

(10)

The establishment of any sexually oriented business shall require site plan review approval from the planning board. As part of any application to the planning board, the applicant shall provide copies of any other permit required by the town, state, or federal government. No approval shall become final until local licensing requirements have been satisfied.

(11)

The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities, which would create a demand for parking spaces beyond the number of spaces, required for the business.

(Ord. of 2-14-1996, § 7.04; Ord. of 06-21-2017)

(a)

Authority. In accordance with RSA 674:21(c) and RSA 674:21(h), the ordinance from which this section is derived is adopted to permit the establishment and construction of affordable elderly housing facilities in the Town of Newmarket. Consistent with the provisions of RSA 674:21, this section provides for a use incentive that permits increased densities and development flexibility.

(b)

Purpose. It is declared to be in the public interest and for the general welfare of the Town of Newmarket to permit the development of affordable elderly housing facilities specifically suited to address the special housing needs of the elderly. It is the purpose of this section to establish provisions under which affordable elderly housing developments may be permitted by the planning board in a flexible manner that recognizes the unique needs of such facilities in terms of design, cost and accessibility while protecting the health and safety of the residents and the general welfare of the citizens of Newmarket.

(c)

Special use permit and overlay district. Affordable elderly housing facilities are permitted by special use permit at a density and within an overlay zone as designated herein. The special use permit shall be administered by the planning board. The board is authorized to grant, deny or grant with conditions a permit to establish an affordable elderly housing facility. Site plan review approval, in accordance with the planning board's regulations, shall also be required. The planning board shall be authorized to adopt additional regulations as part of the site plan review regulations in order to address the unique concerns related to affordable elderly housing facilities and implement this section.

(d)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Affordable. An elderly housing facility shall be considered "affordable" if 75 percent or more of all units that are approved for the site, that have been constructed, are operated and constructed in accordance with the guidelines of or have been funded by a federal, state or local program that provides below market-rate housing for low or moderate income persons as part of its purpose.

Affordable elderly housing means housing used, designed and adapted for use by elderly citizens, 55 years of age and older, and complying with the design requirements of the Architectural Barrier Free Design Code for the State of New Hampshire, as amended, and licensed by any appropriate state and/or federal agencies. Affordable elderly housing may be contained in a single building or group of buildings and shall have protective mechanisms (such as a land use restriction and/or conditions on local approvals) to ensure occupation of such units by adults over 55 years of age for a period as long as the structures or use fails to comply with all underlying zoning requirements for the district in which it is located. An in perpetuity age restriction shall be enforceable by the Town of Newmarket as part of necessary local approvals. Conversion of affordable elderly housing facilities to other uses shall not occur unless the proposed use complies with all applicable zoning and site plan review regulations, even if such conversion requires the demolition and removal of excess units.

(e)

Criteria for approval. The planning board may grant approval to permit the construction of affordable elderly housing only upon a finding that the following specified conditions exist. The applicant shall provide a narrative justifying its position on these criteria. The enforcement of these criteria shall be met to the maximum extent possible with due regard to the affordability of the project:

(1)

Any site on which an affordable elderly housing complex is proposed shall be reviewed with respect to the availability of shopping services, medical services and transportation services thereto, and that the proposed construction and design of the affordable elderly housing complex shall contain the usual amenities and living aids found in housing designed for use by the elderly and as required by state and federal law such as accessibility features, communal facilities, etc.

(2)

That the public interest will be served generally if the proposal were to establish affordable elderly housing on the site and the establishment of an affordable elderly housing complex on the site would not cause a diminution in the property values of surrounding parcels.

(3)

That any conflicts with the character of the adjacent properties will be minimal in terms of the size and bulk of the visible buildings, through the use of buffers, landscaping or location of the buildings on site. This provision is meant to assure that facilities are reasonably consistent either with residential style buildings or sufficiently secluded so as to minimize negative impacts to abutting property.

(4)

The development shall be landscaped so as to enhance its compatibility with the town with emphasis given to the use of existing natural features where possible.

(5)

The design and site layout of the development shall emphasize the rural character of the town, maximize the privacy of the dwelling units, preserve the natural character of land, provide for the separation of parking and neighboring residential uses, and consider such factors as orientation, energy usage, views, etc.

(6)

Parking facilities shall comply with the existing site plan review regulations, unless the planning board authorizes waivers in accordance with information submitted showing a decreased need in parking. The planning board may require land to be set-aside for future parking facilities and require adequate financial security to assure its construction with the Newmarket Site Review Regulations.

(7)

Seventy-five percent of all units on the site shall be identified as and remain affordable in accordance with this section for as long as the on-site structures fail to comply with all other zoning requirements of the underlying district.

(8)

Affordable elderly housing facilities shall not include manufactured housing units.

(f)

Requirements.

(1)

Zoning requirements for the underlying district shall apply unless covered below.

a.

The planning board shall, through its site plan review regulations, review the location and provision of drainage facilities, adequate access for emergency vehicles, parking, landscaping and other facilities required to serve the residents of the facility.

b.

Setbacks for affordable elderly housing facilities shall be 35 feet from all property lines.

c.

The buffer shall be of sufficient opacity to adequately shield the abutting residential properties from the development. Buffer strips must contain vegetation that will partially screen the view from adjacent residential property during all seasons. This screening must limit visual contact between uses and create a strong impression of the separation of spaces.

d.

Existing trees and vegetation must be incorporated into the buffer strips or landscaping design. Fencing alone may not be considered an acceptable method of screening, but fencing may be an element of design.

(2)

Overlay zone. Affordable elderly housing shall be permitted within the R-1, R-2 and R-3 districts on sites that are presently served (or is brought to the site) by both town water and sewer and also have frontage and access limited to one of the following roadways: Route 108 from the Newfields boundary north to Elm Street, Route 152 or Bennett Way.

(3)

Density.

a.

As part of the special permit process, the planning board may permit an increased density for the number of units per developable acre of land. The board shall consider factors such as sufficiency of access, water and sewer capacity, functionality, site design and layout. Standard permissible density shall be eight units per developable acre. In no case shall the density, including bonuses, exceed ten units per developable acre.

b.

The calculation of developable acres shall not include: Very poorly drained soils, slopes exceeding 25 percent and water bodies. No more than 25 percent of the total calculation of developable acres may be comprised of poorly drained soils.

c.

Density bonus. When an applicant proposes a site design that includes landscaping and setbacks that meet the following criteria, a density bonus may be awarded by the board of up to 25 percent (to a maximum of ten units per developable acre):

1.

The facility provides for a naturally landscaped buffer increased by an additional 25 percent where a proposed development abuts residential property.

2.

No roads or driveways shall be located within any part of this buffer zone, but may be located in the additional setback area.

3.

Where existing vegetation is not present, a buffer of similar opacity may be planted providing the same separation. Deciduous and coniferous trees shall be incorporated within the design and shall have a caliper of at least three inches at a point six inches above the root ball. One tree shall be planted for every 100 square feet of buffer area.

(g)

Saving clause. If any portion of this section is found invalid by a court of competent jurisdiction, this finding shall not invalidate the remainder of this section.

(Ord. of 2-14-1996, § 7.05; Ord. of 9-25-2002; Ord. of 06-21-2017)

(a)

Purpose. This section is intended to eliminate problems of glare, minimize light trespass and obtrusive light created by improperly designed and installed outdoor lighting. Further purposes are to enhance and protect the quality of the New Hampshire night sky, Newmarket's rural character, and conserve energy and resources. These concerns are balanced while maintaining safety, security and productivity by establishing limits for the area that certain kinds of outdoor-lighting fixtures can illuminate and by limiting the total allowable illumination in the Town of Newmarket.

(b)

Prohibitions. This section applies to all lighting within the Town of Newmarket on any site except for legal nonconforming uses as covered in section 32-5 and temporary or emergency lighting.

(1)

Mercury vapor lamps fixtures and lamps. The installation of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited.

(2)

Laser source light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.

(3)

Searchlights. The operation of searchlights for advertising purposes is permitted by permit issued by the building inspector for a period of two nights (regardless of hours in operation) per year per lot.

(4)

Neon. Neon lighting shall be limited to signage use and must be located within the exterior dimension of the sign as approved under this section. Neon lighting as architectural accents or used as window displays is prohibited.

(c)

Residential lighting. These provisions are intended to prevent private and public nuisances and protect property values. This section applies to existing and proposed single-family and duplex residential uses.

(1)

Residential lighting uses shall not be used or maintained in such a fashion as to inhibit or interfere with the use and enjoyment of neighboring properties.

(2)

Spot lights, flood lights and other bright security lighting shall be limited in such a fashion as to not direct light onto neighboring property. Security lighting using motion detection switches are encouraged, but continual lighting must be angled or shielded in such a fashion as to not produce glare onto neighboring property, particularly dwelling units.

(3)

Accent lighting, low-wattage seasonal lighting and other fixtures commonly associated with residential uses are not intended to be prohibited by this section.

(d)

Nonresidential and multifamily uses. These provisions are intended to provide for more comprehensive lighting regulations due to potential negative impact on a greater number of residents and the public from inappropriate lighting installation or fixtures. In addition, it is the intent of these restrictions to prevent lighting conflicts and competing lighting installations in commercial areas of the Town of Newmarket, particularly where the town encourages mixed-use development. This section applies to nonresidential uses and any structure with three or more residential units. The planning board shall adopt regulations as part of the site plan review regulations that implement the purpose and intent of this section.

(1)

A building permit shall be required prior to the installation of any new fixtures on existing nonresidential and multifamily uses. If the original site plan approval granted by the planning board specified, in detail, the type and nature of lighting, any increase or change in lighting that may have an increased impact on the site shall be referred to the planning board for site plan review. The building official shall approve a permit for other installations upon a finding that the fixtures comply with the following general lighting requirements.

(2)

General lighting requirements:

a.

All lighting in the Town of Newmarket is required to have full-cutoff shielding, except for that portion of lighting installation that is consistent with the Mill yard Lighting Theme as defined in the Newmarket Planning Board Site Plan Review Regulations, set forth in Appendix B to this Code.

b.

The new installation of up-lighting, by any method, is prohibited; however, the limited use of upward landscape lighting on a case-by-case basis may be approved provided the lighting does not spill onto neighboring properties or public ways.

c.

Non-cutoff wall pack type fixtures are prohibited.

d.

Existing lighting sources that do not present a health and safety issue with respect to glare on public ways or nuisance as a result of off-site illumination shall be exempt from the provisions of this section.

(3)

New fixtures accompanying establishment of new uses or change of use that requires site plan review shall have lighting plans approved as part of the site plan review process.

(Ord. of 2-14-1996, § 7.06; Ord. of 6-18-2003; Ord. of 06-21-2017)

(a)

Authority and applicability.

(1)

The ordinance from which this section is derived is authorized by RSA 674:21 as an innovative land use control. The administration of this section shall be the responsibility of the planning board. This section, as adopted by the town council, as well as regulations and studies adopted by the planning board consistent with and in furtherance of this section, shall govern the assessment of impact fees imposed upon new development in order to meet the needs occasioned by that development for the construction or improvement of public capital facilities owned or operated by the Town of Newmarket or the Newmarket School District.

(2)

The public capital facilities for which impact fees may be assessed in Newmarket include, and are limited to, water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; stormwater, drainage and flood control facilities; public road systems and rights-of-way; municipal office facilities; public school facilities; public safety facilities; solid waste collection, transfer, recycling, processing and disposal facilities; public library facilities; and public recreation facilities not including public open space.

(3)

Prior to assessing an impact fee for one or more of the public capital facilities enumerated in this section, the planning board shall have adopted such studies or methodologies and related fee schedules that provide for a process or method of calculating the proportionate share of public capital improvement costs that are created by new development. For purposes of this chapter, the "Methodologies for the Calculation of Impact Fees for Newmarket, New Hampshire" dated October 23, 2000, are those prepared by Bruce Mayberry, Planning Consultant, Yarmouth, Maine and approved by the Newmarket Planning Board and are incorporated herein by reference and made a part hereof. Said adopted methodologies may only be revised after a public hearing by the planning board and after a subsequent public hearing and amendment of this chapter by the town council. Such calculations shall reasonably relate to the capital costs associated with the increased demand placed on capital facility capacity by new development.

(4)

The following regulations shall govern the assessment of impact fees for public capital facilities in order to accommodate increased demand on the capacity of these facilities due to new development.

(b)

Findings. The Town of Newmarket hereby finds that:

(1)

The Town of Newmarket is responsible for and committed to the provision of public capital facilities and services at standards determined by the town to be necessary to support development in a manner, which protects and promotes the public health, safety and welfare;

(2)

Public capital facilities have been and will be provided by the town utilizing funds allocated through the Capital Improvements Program, which has been adopted and regularly updated by the planning board per the Newmarket Town Charter;

(3)

An impact fee ordinance for public capital facilities is consistent with the goals and objectives of the Master Plan and the Capital Improvements Program of the Town of Newmarket;

(4)

New development in Newmarket will create the need for the construction, equipping, or expansion of public capital facilities in order to provide adequate public capital facilities for its residents;

(5)

Impact fees may be used to assess an equitable share of the growth-related cost of the capacity of public capital facilities resulting from the new development in proportion to the facility demands created by that development;

(6)

According to data compiled by the NH Office of State Planning, as of 1999 Newmarket had the lowest equalized property valuation per capita of all cities and towns in Rockingham County;

(7)

An analysis of equalized valuation per capita prepared by the NH Office of State Planning for years 1980, 1990 and 1999 indicates that Newmarket's equalized valuation per capita was 30 to 40 percent lower than the state average in those comparison years;

(8)

In the absence of impact fees, anticipated residential and nonresidential growth and associated capital improvement costs will likely necessitate an excessive expenditure of public funds in order to maintain adequate public capital facility standards and to promote and protect the public health, safety, and welfare;

(9)

Impact fees assessed pursuant to this section will not exceed the costs of:

a.

Providing additional or expanded public capital facilities necessitated by new development in Newmarket; and/or

b.

Compensating the Town of Newmarket or the Newmarket School District for public capital facility capacity that it provided in anticipation of new development in Newmarket.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Fee payer means the applicant for the issuance of a permit that would create new development as defined in this subsection.

Gross floor area means the sum of the areas of all floors of main and accessory buildings on the lot as measured to the outside surfaces of the exterior walls. The gross floor area shall include basements, lobbies, and stair openings, elevator shafts and storage. The gross floor area shall exclude open wells (atriums), mechanical rooms, crawl spaces and attics without floors, attics used only for mechanical services, porches, balconies and open-sided roofed-over areas.

New development.

(1)

The term "new development" means an activity, which results in:

a.

The creation of a new residence or residential units (as defined by section 32-11);

b.

The conversion of a legally existing use, or additions thereto, which would result in a net increase in the number of residential units;

c.

Construction of a new nonresidential building or, a net increase in the gross floor area of any nonresidential building;

d.

The conversion of an existing use to another use if such change creates a net increase in the demand on public capital facilities that are the subject of impact fee assessment methodologies adopted by the planning board; or

e.

A new or modified service connection to the public water system or the public wastewater disposal system of the Town of Newmarket that would result in a net increase in demand on the capacity of these facilities.

(2)

The term "new development" shall not include the replacement of an existing mobile home, or the reconstruction of a structure that has been destroyed by fire or natural disaster where there is no change in its size, intensification of, or type of use, and where there is no net increase in demand on the public capital facilities of the Town of Newmarket.

(d)

Computation of impact fee.

(1)

The amount of each impact fee shall be assessed in accordance with written procedures or methodologies adopted and amended by the planning board for the purpose of public capital facility impact fee assessment in Newmarket. These methodologies shall set forth the assumptions and formulas comprising the basis for impact fee assessment, and shall include documentation of the procedures and calculations used to establish impact fee schedules. The amount of any impact fee shall be computed based on the municipal public capital improvement cost of providing adequate public capital facility capacity to serve new development. Such documentation shall be available for public inspection in the finance office of the Newmarket Town Hall.

(2)

In the case of new development created by the conversion or modification of an existing use, the impact fee assessed shall be computed based upon the net increase in the impact fee assessment for the new use as compared to the highest impact fee that was, or would have been, assessed for the previous use in existence on or after the effective date of the ordinance from which this section is derived.

(e)

Assessment of impact fee.

(1)

Impact fees shall be assessed by the code enforcement officer, prior to or as a condition to issuance of a building permit on new development to compensate the Town of Newmarket for the proportional share of the public capital facility costs generated by this development.

(2)

Any person who seeks a permit for new development, including permits for new or modified service connections to the public water system or public wastewater disposal system that would increase the demand on the capacity of those systems, is hereby required to pay the public capital facility impact fees authorized under this section in the manner set forth herein, except where all or part of the fees are waived in accordance with the criteria for waivers established in this section.

(f)

Waivers. The planning board may grant full or partial waivers of impact fees where the board finds that one or more of the following criteria are met with respect to the particular public capital facilities for which impact fees are normally assessed.

(1)

A person may request a full or partial waiver of public school capital facility impact fees for those residences or residential units that are lawfully restricted to occupancy by senior citizens age 62 or over or to households with at least one person age 55 and over, as applicable, in a development that is maintained in compliance with the provisions of RSA 354-A:15, Housing For Older Persons. The planning board may waive school impact fee assessments on age-restricted units where it finds that the property will be bound by lawful deeded restrictions on occupancy for a period of at least 20 years.

(2)

The planning board may agree to waive all or part of an impact fee assessment and accept in lieu of a cash payment, a proposed contribution of real property or facility improvements of equivalent value and utility to the public. Prior to acting on a request for a waiver of impact fees under this provision that would involve a contribution of real property or the construction of capital facilities, the planning board shall submit a copy of the waiver request to the town council for its review and consent prior to its acceptance of the proposed contribution. The value of contributions or improvements shall be credited only toward facilities of like kind, and may not be credited to other categories of impact fee assessment. Full or partial waivers may not be based on the value of exactions for on-site or off-site improvements required by the planning board as a result of subdivision or site plan review, and which would be required of the developer regardless of the impact fee assessments authorized by this section.

(3)

The planning board may waive an impact fee assessment for a particular capital facility where it finds that the subject property has previously been assessed for its proportionate share of public capital facility impacts, or has contributed payments or constructed capital facility capacity improvements equivalent in value to the dollar amount of the fees waived.

(4)

The planning board may waive an impact fee assessment where it finds that, due to conditions specific to a development agreement, or other written conditions or lawful restrictions applicable to the subject property, the development will not increase the demand on the capacity of the public capital facility or system for which the impact fee is being assessed.

(5)

A fee payer may request a full or partial waiver of the amount of the impact fee for a particular development based on the results of an independent study of the demand on public capital facility capacity and related costs attributable to that development. In support of such request, the fee payer shall prepare and submit to the planning board an independent fee calculation or other relevant study and supporting documentation of the public capital facility impact of the proposed development. The independent calculation or study shall set forth the specific reasons for departing from the methodologies and schedules adopted by the town. The planning board shall review such study and render its decision. All costs incurred by the town for the review of such study, including consultant and counsel fees, shall be paid by the fee payer.

(6)

A person may request a full or partial waiver of impact fees for construction within a plat or site plan approved by the planning board prior to the effective date of the ordinance from which this section is derived. Prior to granting such a waiver, the board must find that the proposed construction is entitled to the four-year exemption or vested status provided by RSA 674:39, pursuant to that statute. This waiver shall not be applicable to phases of a phased development project where active and substantial development, building and construction has not yet occurred in the phase in which construction is proposed.

(7)

The planning board may waive impact fees where it finds that a proposed accessory dwelling unit (ADU) will meet both of the following criteria:

a.

Be created from conversion of existing finished living area; and

b.

The ADU will not increase the number of existing bedrooms on the property and where it finds that one or more of the existing bedrooms on the property will be dedicated to the ADU use or removed from its existing use or location. For purposes of this section, a proposed studio ADU will account for one bedroom.

(g)

Payment of impact fee.

(1)

No building permit shall be issued for new development as defined in this section until the code enforcement officer has assessed the impact fee. The code enforcement officer shall not issue a certificate of occupancy for the development on which the fee is assessed until the impact fee has been paid in full or has been waived by the planning board. In the interim between assessment and collection, the planning board may authorize another mutually acceptable schedule for payment, or require the deposit of an irrevocable letter of credit or other acceptable performance and payment guarantee with the Town of Newmarket.

(2)

Where off-site public capital improvements have been constructed, or where such improvements will be constructed simultaneously with new development, and where the town has appropriated necessary funds to cover such portions of the work for which it will be responsible, the code enforcement officer may collect the impact fee for such capital facilities at the time a building permit or a permit to connect to the public water or public wastewater system is issued.

(h)

Appeals.

(1)

A party aggrieved by a decision made by the code enforcement officer pursuant to the assessment or collection of impact fees authorized by this section may appeal such decision to the zoning board of adjustment as provided by RSA 676:5, as amended.

(2)

The decision of the zoning board of adjustment may be appealed to the superior court as provided by RSA 677:2-14.

(3)

A party aggrieved by a decision of the planning board under this section may appeal such decision to the Rockingham County Superior Court as provided by RSA 676:5(III) and RSA 677:15, as amended.

(i)

Administration of funds collected.

(1)

All funds collected under this section shall be properly identified and promptly transferred for deposit into separate impact fee accounts for each type of public capital facility for which impact fees are assessed. Each impact fee account shall be a non-lapsing special revenue fund account and under no circumstances shall such revenues deposited therein accrue to the general fund. The town treasurer shall have custody of all accounts, and shall pay out the same upon approved vouchers through the accounts payable system.

(2)

The finance director shall record all fees paid, by date of payment and the name of the person making payment. The finance director shall maintain an updated record of the current ownership, tax map and lot reference number of properties for which fees have been paid under this section for each permit so affected for a period of at least nine years from the date of receipt of the impact fee payment associated with the issuance of each permit.

(3)

Impact fees collected may be spent from time to time by order of the finance director shall be used solely for the reimbursement of the town or the Newmarket School District, in the case of school impact fees, for the cost of the public capital improvements for which they were collected, or to recoup the cost of public capital improvements made by the town or the school district in anticipation of the needs for which the impact fee was collected.

(4)

In the event that bonds or similar debt instruments have been or will be issued by the Town of Newmarket or the Newmarket School District for the funding of capacity-related improvements, impact fees from the appropriate related public capital facility impact fee accounts may be applied to pay debt service on such bonds or similar debt instruments.

(5)

At the end of each month, the finance director shall prepare a report to the town treasurer, giving particular account of all impact fee transactions during that month. At the end of each fiscal year, the finance director shall prepare a report to the town council, planning board, town treasurer, and the town manager, giving a particular account of all impact fee transactions during the year.

(j)

Use of funds.

(1)

Funds withdrawn from the public capital facility impact fee accounts shall be used solely for the purpose of acquiring, constructing or expanding, equipping, or improving public capital facilities, to increase their capacity, or to recoup the cost of such capacity improvements.

(2)

Effective upon passage of the ordinance from which this section is derived, the annual updates of the Newmarket Capital Improvement Program shall contain a procedure for assigning funds, including any accrued interest, from all of the public capital facilities impact fee accounts for specific public capital facility improvement projects related expenditures or debt service. Monies, including any accrued interest not assigned in any fiscal period, shall be retained in the same public capital facilities impact fee account until the next fiscal period, except as provided by the refund provisions of this section.

(3)

Funds may be used to provide refunds as described in this section.

(k)

Refund of fees paid.

(1)

The current owner of record of property for which an impact fee has been paid shall be entitled to a full or partial refund, whichever is applicable, plus accrued interest under the following circumstances:

a.

When either the full or partial portion of the impact fee, whichever is applicable, has not been encumbered or legally bound to be spent for the purpose for which it was collected within a period of six years from the date of the full and final payment of the fee; or

b.

When the town, or, in the case of school impact fees, the Newmarket School District, has failed, within the period of six years, from the date of the full and final payment of such fee, to appropriate their proportionate share of related public capital improvement costs.

(2)

The town council shall provide all owners of record, who are due a refund, written notice of the amount due, including interest accrued, if any, and shall promptly cause said refund to be made.

(l)

Additional assessments. Payment of the impact fee under this section does not restrict the town or the planning board from requiring other payments or improvements from the fee payer, as required by the subdivision or site plan review regulations, or as otherwise authorized by law.

(m)

Scattered or premature development. Nothing in this section shall be construed so as to limit the authority of the Newmarket Planning Board to deny new proposed development which is scattered or premature, requires an excessive expenditure of public funds, or otherwise violates this chapter, or the Newmarket Planning Board Site Plan Review Regulations or Subdivision Regulations, or which may otherwise be lawfully denied.

(n)

Review and change in method of assessment. The methodologies adopted by the planning board for impact fee assessment, and the associated fee schedules, shall be reviewed periodically and amended as necessary by the planning board. Such review shall take place not more than five years from the initial adoption of the ordinance from which this section is derived, nor more frequently than annually, except as required to correct errors or inconsistencies in the assessment formula. Any proposal for changes in the impact fee assessment methodology or the associated fee schedule shall be submitted to the town council for its review and comment prior to final consideration of the proposed changes by the planning board. The review by the planning board and town council may result in recommended changes or adjustments to the methodology and related fees based on the most recent data as may be available. No change in methodology or in the impact fee schedules shall be adopted by the planning board until it shall have been the subject of a public hearing noticed in accordance with RSA 675:7.

(Ord. of 2-14-1996, § 7.07; Ord. of 2-7-2001; Ord. of 06-21-2017; Ord. No. 3-2017/2018, 4-18-2018)

An accessory shed is permitted on any lot subordinate to and customarily incidental to a primary residential use with a minimum five-foot rear and five-foot side setback in the M2, M2A, M3, R2, R3, and R4 Zoning Districts subject to the following restrictions:

(1)

The maximum floor area of the accessory shed shall be 120 square feet (exterior dimension) or less, with no dimension being greater than 15 feet, or less than eight feet.

(2)

The height of the accessory shed shall be no greater than 12 feet.

(3)

The accessory shed shall be located to the side or rear of the primary structure and not in the front yard. For purposes of this section, the front yard is determined as that area in front of the primary structure.

(4)

A building permit is required for all accessory sheds regardless of the size.

(5)

Only one accessory shed shall be permitted per lot under this section.

(Ord. of 2-14-1996, § 7.08; Ord. of 12-5-2007; Ord. of 06-21-2017)

(a)

Purpose. Increased and contaminated stormwater runoff contributes to water quality degradation in lakes, ponds, streams, rivers, wetlands, groundwater and other natural resources; contamination of drinking water supplies; alteration or destruction of aquatic and wildlife habitat; and flooding. Regulation of illicit connections and discharges to the Town of Newmarket's municipal storm drain system is necessary for the protection of local natural resources and to safeguard the public health, safety, and welfare of the community.

The objectives of this section are:

(1)

Prevent pollutants from entering the municipal storm drain system;

(2)

Prohibit illicit connections and unauthorized discharges to the municipal storm drain system;

(3)

Require the removal of all such illicit connections;

(4)

Comply with state and federal statutes and regulations relating to stormwater discharges; and

(5)

Establish the legal authority to ensure compliance with the provisions of this section through inspection, monitoring, and enforcement.

(b)

Prohibited activities.

(1)

Illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of the connection.

(2)

Illicit discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the municipal storm drain system, into a receiving water, or into waters of the State of New Hampshire or of the United States.

(3)

Obstruction of municipal storm drain system. No person or entity shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drain system without prior written approval from the public works director or their designee.

(c)

Exemptions. The following non-stormwater discharges or flows are exempt from the prohibition of non-stormwater discharges, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system and will not imperil public health, the environment or both:

(1)

Discharge or flow from firefighting activities;

(2)

Waterline flushing and flow from potable water sources;

(3)

Springs, natural flow from riparian habitats and wetlands, diverted stream flow and rising groundwater;

(4)

Uncontaminated groundwater infiltration as defined in 40CFR 35.2005(20), as amended, or uncontaminated pumped groundwater;

(5)

Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or sump pumps;

(6)

Discharge from landscape irrigation or lawn watering;

(7)

Water from non-commercial car washing;

(8)

Discharge from de-chlorinated swimming pool or hot tub water (less than one ppm chlorine) provided the pool or hot tub is drained in such a way as not to cause a nuisance;

(9)

Discharge from street sweeping, and stormwater runoff containing sand and deicers used for public safety purposes on public or private property;

(10)

Dye testing, provided verbal notification is given to the public works director or their designee prior to the time of testing;

(11)

Emergency repairs to the municipal storm drain system, and any stormwater management structure or practice that poses a threat to the public health or safety, or as deemed necessary by the public works director or their designee;

(12)

Discharge permitted under an NPDES permit, waiver, or waste discharge order administered under the authority of the EPA, provided that the discharge is in full compliance with the requirements of the permit, waiver or order and applicable laws and regulations; and

(13)

Discharge for which advanced written approval is received from by the public works director or their designee.

(d)

Notification of spills. Notwithstanding other requirements of local, state or federal law, as soon as a person responsible for a facility or operation, or responsible for emergency responses for a facility or operation has information of or suspects a release of materials at that facility or operation resulting in or which may result in discharge of pollutants into the municipal storm drain system, a receiving water, or waters of the State of New Hampshire or of the United States, the person shall take all necessary steps to ensure containment and cleanup of the release. In the event of a release of oil or hazardous materials, the person shall immediately notify the public works director or their designee. In the event of a release of non-hazardous material, the reporting person shall notify the public works director or their designee no later than the next business day. The reporting person shall provide to the public works director or their designee written confirmation of all telephone, facsimile of in-person notifications within three business days thereafter. If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or operator shall retain on-site a written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for a minimum of three years from the date of the discharge.

(e)

Emergency suspension of municipal storm drain system access. The public works director or their designee may suspend municipal storm drain system access to any person or property without prior written notice when such suspension is necessary to stop an actual or threatened discharge of pollutants presenting an imminent risk of harm to local natural resources or the public health, safety, and welfare of the community. In the event any person or entity fails to comply with an emergency suspension order, the public works director or their designee may take all reasonable steps to prevent or minimize harm to local natural resources or the public health, safety and welfare of the community. Access to the municipal storm drain system may be reinstated when the public works director or their designee are satisfied that the discharge has been eliminated and there is no imminent risk of harm to local natural resources or the public health, safety and welfare of the community.

(f)

Enforcement. The code enforcement officer of the Town of Newmarket may issue cease and desist orders pursuant to RSA 676:17-a and levy fines pursuant to RSA 676:15 and RSA 676:17, for an illicit connection or discharge to the municipal storm drain system or to water of the State of New Hampshire or of the United States.

(Ord. No. 1-2023/2024, § 1, 9-20-2023)

(a)

Purpose. The purpose of this section shall be to provide for the ongoing use of the mill buildings in the downtown. It is recognized that the abandonment of these buildings would be a detriment to the community, and especially to the village and waterfront areas. It is also recognized that proper use and redevelopment within this area must be directed to enhance the quality of the village, protect the important historic resources within the district, and enhance the downtown Lamprey River waterfront.

(b)

Permitted uses.

(1)

Permitted by right. Uses permitted by right are listed under the village corridor district in the table of permitted uses in section 32-55.

(2)

Special use permit. Uses other than those specified in the table of permitted uses in section 32-55 may be allowed if granted a special use permit by the planning board. The granting of such permit shall require the board to find that the proposed use is consistent with the purposes of this district, is suitable for the location proposed, and would not cause significant adverse impacts.

a.

Self-storage facilities may be approved by the planning board if granted a special use permit. Special use permits for self-storage facilities shall only be granted if they are located entirely within an existing building; and if granted site plan review approval.

b.

Mixed-use redevelopments are permitted in the village corridor district by special use permit. Pursuant to the authority of RSA 674:21 and section 32-9, the planning board is granted discretionary authority to grant a special use permit for mixed-use mill redevelopment for those parcels that have historic mill buildings located in the village corridor district, provided there is compliance with this section.

1.

Purpose. The purpose is to allow for a mixture of commercial and residential uses in order to promote redevelopment of the historic mills located in the village corridor district. Such uses are intended to be complementary so as to provide an integrated approach to development based on a master site development plan; to be fiscally beneficial to the town; to provide efficient use of public services; and to make opportunities for commercial, public and multifamily residential dwelling units, all to enhance the quality of the downtown, the riverfront and the historic nature of the district.

2.

Permitted uses. The uses, which are permitted by right in a mixed-use mill redevelopment, are in accordance with the table of permitted uses in section 32-55.

3.

Special use permit restrictions. Mixed-use mill redevelopments shall be limited to:

(i)

Projects involving the rehabilitation and/or reconstruction of existing mill structures. Special use permits issued under this section are not intended for the wholesale demolition of existing buildings and construction of new primary structures. Construction of accessory structures, such as decks, porches, and patios, is permitted. New building construction, including additions, required to replace the square footage of existing buildings deemed economically unsuitable for rehabilitation due to the extent of structure deterioration is also allowed.

(ii)

Projects where no more than 70 percent of the existing developable gross floor building area shall be used for residential use and no less than 30 percent of the existing developable gross floor area is to be dedicated to nonresidential use including commercial, retail, office, governmental, cultural, and other uses, in accordance with the table of permitted uses in section 32-55. An increase in residential square footage is allowed by the planning board through the issuance of bonuses as set forth in subsection (b)(2)b.6 of this section.

(iii)

The mixed-use mill redevelopment shall include a minimum of five percent artist live/work space units. Up to 40 percent of the finished square footage of such units may be allocated for nonresidential use.

4.

Master site development plan required. As part of the application for a special use permit, the applicant shall prepare an overall master site development plan. This is a conceptual plan, drawn to scale, which graphically depicts the project. It is not intended to be a fully engineered drawing. At minimum, the plan shall include:

(i)

The type, location, intensity, amount and percent of gross developable building area dedicated to various residential and nonresidential uses.

(ii)

The calculations showing how the number of dwelling units was derived and the allocation of gross developable building area to residential and nonresidential uses.

(iii)

Provisions for utilities, access roads, sidewalks, parking, and private and public ways.

(iv)

Areas proposed for public and private open space.

(v)

Any buildings, or portion thereof, to be removed, the footprint of said buildings to remain and any replacement structures and new additions to be built, as well as their corresponding square footage and lot coverage.

(vi)

A phasing plan, if the project will be developed in more than one phase. Information on subsequent phases must be detailed enough to allow the planning board to fully evaluate the impacts and proposed mitigation measures of both the current phase and the full build out of the project.

(vii)

A justification of density bonuses, if any, which will be incorporated into the overall design. This shall include a description of amenities being proposed in order to obtain density bonuses (e.g., interior public community and cultural space, public open space, historic preservation treatment, and qualifying energy conservation technologies).

5.

Impact criteria for granting a special use permit. The impacts of the mixed-use mill redevelopment will be evaluated in conjunction with the special use permit process, rather than the site plan approval process. In order to obtain a special use permit from the planning board, the applicant must demonstrate to the satisfaction of the planning board the following criteria are met:

(i)

The proposed mixed-use mill redevelopment shall not create undue hazards or unreasonable expenditures of public funds, and that the public health and safety will be maintained during and following development.

(ii)

The proposed mixed-use mill redevelopment shall generate a net positive fiscal impact for the town. The planning board may require the preparation and review of a fiscal impact assessment to demonstrate compliance with this requirement.

(iii)

The proposed mixed-use mill redevelopment shall include provisions, satisfactory to the planning board, to insure that current and future municipal service capacity for police, fire, public works, water, sewer, general government, recreation, school services and facilities will not be adversely affected by the development. The planning board may require the preparation and review of a report on municipal service capacity to demonstrate compliance with this requirement.

(iv)

The proposed mixed-use mill redevelopment shall not create an undue hazard or nuisance for vehicle or pedestrian traffic; shall include adequate provisions for safe and efficient traffic access, circulation and parking; and shall promote safe pedestrian and public transportation linkages between the site and Main Street to maximum practical extent. The planning board may require the preparation and review of a traffic impact assessment, as well as an on- and off-site improvement plan for pedestrian and traffic safety, including, but not limited to, traffic calming measures, pedestrian bridges and crosswalks, and other mitigation to demonstrate a safe and efficient vehicular and pedestrian plan.

(v)

Adequate and appropriate public utilities and infrastructure (water, sewer, stormwater management, parking, and other) shall be available or provided to support the proposed mixed-use mill redevelopment. The planning board may require the preparation of a public utility and infrastructure report to demonstrate compliance with this requirement.

(vi)

The proposed mixed-use mill redevelopment shall not result in unreasonable impacts to adjoining properties or uses, by way of light, noise, pollution, visual blight, odor, vibration or other nuisance. The planning board may require the preparation and review of environmental studies, as it may deem necessary to meet this criteria.

The planning board may waive the requirement that any or all of these studies be submitted if, in its discretion, it determines that the studies are not necessary for the board to make an informed decision. The planning board may engage the services of various professionals to assist it in the evaluation of any studies it may require. The applicant shall pay all costs associated with the independent review of such studies. In order to keep the approval process from being burdensome on the applicant, demonstration by the applicant of compliance with article V of this chapter shall give just cause for the planning board to grant a waiver of any duplicative site plan review regulations, provided there have been no material changes in any conditions, and/or material revisions, to the applicant's approved master site development plan, which may give cause for further special studies or technical assistance required by the planning board.

6.

Dimensional requirements. In general, mixed-use mill redevelopments are governed by the dimensional requirements of article III of this chapter and the dimensions table, with the exception of section 32-86 and the stated requirement for maximum residential density. The maximum residential density for residential units which are proposed as part of a mixed-use mill redevelopment in the M-1 district shall be based upon the total developable gross square footage of the buildings to be rehabilitated and/or reconstructed. The base permitted residential area is a maximum of 70 percent of said total. The number of permitted residential dwelling units shall be calculated by dividing the base permitted residential area by 1,300. Density bonuses, permitting an additional number of units and an additional percentage of the total gross developable area of the buildings to be devoted to residential use, may be granted by the planning board for mixed-use mill redevelopment projects, as follows:

(i)

An additional bonus of up to six percent for units and residential square footage shall be granted by the planning board if the applicant provides at least two percent of the gross developable building area for interior public community and cultural space.

(ii)

An additional bonus of up to six percent for units and residential square footage shall be granted by the planning board if the applicant provides exterior public open space, such as a courtyard, park, formal urban space, and fishing or waterfront viewing pier, together with landscaping and pedestrian-oriented amenities which integrate the mill redevelopment with the Main Street, current and planned public river walk construction and adjacent public spaces and private properties.

(iii)

An additional bonus of four percent for units and residential square footage shall be granted by the planning board if the building is rehabilitated in accordance with the Secretary of the Interior's Standards for Historic Rehabilitation.

(iv)

An additional bonus of up to four percent for units and residential square footage shall be granted by the planning board if construction is U.S. Green Building Council LEED (Leadership in Energy and Environmental Design) certifiable as demonstrated by a completed LEED checklist/scorecard.

7.

General requirements.

(i)

The special use permits shall apply only to a specific project as proposed at the time of approval. Changes to the proposed project must be approved by the planning board as amendments to the special use permit.

(ii)

All understandings reached between the applicant and the planning board shall be outlined in a legally binding development agreement.

(iii)

Special use permits shall be valid for two years from the date of approval. Should active and substantial construction not have begun within two years, the permit shall be null and void. The planning board may, at its sole discretion, grant an extension of this two-year period.

(iv)

Unless specifically stated otherwise herein, an application for a special use permit is subject to the application, submission, public hearing, notice, and administrative requirements of RSA 676:4(I) and this chapter and the subdivision regulations set forth in Appendix A to this Code.

(v)

If requested by the applicant, the planning board may waive any of the requirements for mixed-use mill redevelopments provided the board makes a finding that the purpose and intent of this section will be fulfilled despite the grant of the waiver.

(vi)

Off-site parking associated within the mixed-use mill redevelopment shall be allowed within the VC or M-2 zoning districts, provided it is located within 500 feet of the proposed site, regardless of whether the corresponding zoning district and this chapter prohibits any use which is being applied for pursuant to this section. The planning board may increase this distance to 1,000 feet where parking is intended for employees rather than residents and customers.

(Ord. No. 01-2024/2025, § 2, 6-18-2025)