As part of the proposal, the applicant may consider integrating public art which serves to enhance community identity, this is not required but strongly encouraged. The Planning Board will review the amount of artwork in relation to the building facade and placement based on visibility from the public right-of-way. The applicant should consider utilizing public art as a design element of the proposal and engage local community and artists in the planning process, the Arts and Culture Commission may be a resource. Additional art may also be included into the site layout including but not limited to sculptures and other visible art within the parking lot, landscape islands and along walkways. Public art must meet the intent of the definition of a mural and not be considered a sign.

Within five years of Planning Board approval, the property owner may petition the City Council to accept an easement for the public art to help provide adequate long-term maintenance. The easement will only be accepted if the public art proposal contributes to the public good and represents the values of the community, as determined by City Council.

In order to achieve a building with human scale, broad expanses of blank walls are prohibited. The building shall employ massing, materials, textures and color. Consider using architectural features such as pilasters, arches, windows (transparent or opaque) as well as masses of different heights.

A minimum of three colors/materials/textures shall be incorporated in the exterior design.

Parking lot design shall incorporate bus parking and bus loading zones.

Commercial loading areas shall be screened from the public right-of-way and abutting residential properties.

A traffic impact analysis is required and must include the expectation of bus traffic.

Bus and truck trailer parking is required to be screened from the public right-of-way and abutting residential properties for all uses of the property.

Required off-street parking shall be provided at a ratio of not less than 0.75 parking spaces for each gaming position in addition to all standards set by Site Plan Regulations, Section 10 - Parking and Circulation. Additional principle uses including restaurants, entertainment, and lodging facilities shall follow parking standards outlined in Site Plan Regulations.

Two percent of required parking spaces must be equipped with electric vehicle charging stations with a minimum of four per site.

Outdoor events which exceed noise standards set by Zoning Ordinance Regulations § 275-28.3 will require a special events permit.

The property owner has the burden of proof to show decibel ratings meet standards set by Zoning Ordinance Regulations § 275-28.3, Noise.

The Zoning Board of Adjustment (ZBA) may grant a special exception for music and entertainment which exceed decibel limits subject to meeting appropriate conditions as per Zoning Ordinance Regulations § 275-28.3E(4).

The facility is required to submit a safety and security plan subject to approval by the Rochester Fire and Police Departments. The plan shall outline all aspects of life safety to include emergency egress, access, site security, and occupancy limitations.

The facility shall provide an enclosed interior location, solely controlled by the Rochester Fire and Police Departments, which can sufficiently accommodate the requirements of first responders.

One automated external defibrillator (AED) shall be mounted in an accessible public location for every 5,000 square feet of gaming floor.

A landscaping plan developed by a licensed landscape architect, to include a maintenance plan.

Landscaping used as a design element of the site.

A fifteen-foot landscape buffer between any structure and parking area, with the exception of vehicle and pedestrian access ways.

Parking areas shall meet Site Plan Regulations as per Section 5 - Landscaping (E) Parking Lots.

Applicants shall submit the following as part of any review:

The excavation of gravel materials below four feet above the stated seasonal high water table may be allowed by special exception if the applicant can clearly demonstrate that such excavation will not adversely affect groundwater quality (in addition to other general conditions listed in Article 22, Special Exceptions). The Zoning Board of Adjustment and the Planning Board shall be required to review the reports provided and may require additional information, experts or studies to assist it in its review and approval of its issuance of any special exception and permit allowing such excavation.

See Article 10, Aquifer Protection Overlay District, for other provisions within that district.

All requirements otherwise applicable to subdivision of lots for conventional houses within a conservation subdivision shall apply.

Additions to manufactured housing units (or "homes"). There shall be no additions constructed onto manufactured homes with the exception of garages, skirting, carports, cabanas, awnings, canopies, porches, decks, and steps. All must be approved by the Director of Building, Zoning, and Licensing Services.

On individual lots in the AG District;

Within manufactured housing subdivisions located in the AG District; and

Within established mobile home parks on approved pads/lots.

It must be situated on the second floor or on higher floors of a commercial building or in a separate building behind the commercial building; and

At no time may the area of the multifamily dwellings exceed 80% of the square footage of the on-site commercial space.

For parcels fronting on the streets noted below, ground floor space of 30 feet multiplied by the building frontage, or 700 square feet, whichever is greater, shall be reserved for nonresidential uses as permitted in the DC District, unless otherwise required to comply with the State Building Code and/or Fire Code. Any area excluded due to the Building Code and/or Fire Code shall not count toward the minimum. This applies to the entire portion of the building fronting on the street. The remaining area of the first floor may contain residential units as a conditional use.

The first floor commercial space may be split into different commercial uses totaling the required square footage.

DC Zone District parcels not fronting on the above streets may contain multifamily use and units on all floors without restrictions.

Property lines and physical dimensions of the applicant's property. A survey may be required at the reasonable discretion of the Director of Building, Zoning, and Licensing Services if necessary to confirm compliance with the setback and other requirements of this subsection.

Locations, dimensions, and types of buildings on the property and on adjacent properties within 50 feet of the property lines.

Locations of the proposed small wind energy system(s), foundations, guy anchors and associated equipment.

Tower foundation blueprints or drawings.

Tower blueprints or drawings.

Height of proposed tower and setback requirements as outlined in this subsection.

A plan showing the height of the overall prevailing canopy of trees within 300 feet of the tower.

Any public road that is contiguous with the subject property.

Any overhead utility lines.

Small wind energy system specifications, including manufacturer, model, rotor diameter, tower type, and nameplate generation capacity.

Small wind energy systems that may be connected to the power grid, including a copy of the application for interconnection with the electric utility provider.

Sound level analysis prepared by the wind generator manufacturer or a qualified engineer.

Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the New Hampshire State Building Code and to any local amendments adopted by the City of Rochester.

Evidence of compliance with or nonapplicability of Federal Aviation Administration requirements.

A shadow flicker analysis including:

List of abutters to the applicant's property.

Any other information required for issuance of building and electrical permits.

The Director of Building, Zoning, and Licensing Services shall notify all abutters by verified mail, as defined in RSA 451-C:1, VII, upon application for a building permit to construct a small wind energy system. The cost of abutter notification shall be paid by the applicant. Abutters shall be afforded a thirty-day comment period prior to the issuance of a building permit.

An appeal may be made to the Zoning Board of Adjustment pursuant to RSA 676:5.

The Director of Building, Zoning, and Licensing Services shall also notify the City Council of the application.

The Director of Building, Zoning, and Licensing Services shall determine whether the proposal qualifies as a development of regional impact pursuant to RSA 36:56. If the Director determines that it does then he/she shall follow the procedures set forth in RSA 36:57.

Tower height. The maximum tower height is the lesser of:

Setbacks. The following setback requirements apply to small wind energy systems:

Sound level. The small wind energy system shall not exceed 55 decibels using the A scale (dBA), as measured at the site property line, except during short-term events such as severe windstorms and utility outages.

Shadow flicker. Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. Significant shadow flicker is defined as more than 30 hours per year of shadow flicker on abutting occupied buildings. The applicant has the burden of demonstrating compliance with this requirement. Potential impacts may be addressed through special siting and/or mitigation measures.

Signs. All signs, including flags, streamers and decorative items, both temporary and permanent, are prohibited on small wind energy systems. Manufacturer identification or appropriate warning signs are allowed.

Code compliance. The small wind energy system shall comply with all applicable sections of the New Hampshire State Building Code and with any local amendments adopted by the City of Rochester.

Aviation. The small wind energy system shall be built to comply with all applicable Federal Aviation Administration regulations, including but not limited to 14 CFR Part 77, Subpart B, regarding installations close to airports, and the New Hampshire Aviation Regulations, including but not limited to RSA 422-b and 424.

Visual impacts. Inherently, small wind energy systems can create some visual impacts due to the tower height needed to access wind resources. The purpose of this subsection is to reduce the visual impacts without unduly restricting the owner's access to the optimal wind resources on the property.

Approved wind generators. Selection of the manufacturer and model of the wind generator to be used in the proposed small wind energy system is limited to those that have been approved by the California Energy Commission, the New York State Energy Research and Development Authority, or (if applicable) the State of New Hampshire.

Utility connection. If the proposed small wind energy system is to be connected to the power grid through net metering, it shall be in compliance with RSA 362-A:9.

Unauthorized access. The tower shall be designed and installed so as not to provide step bolts or a ladder or other means readily accessible to the public for a minimum height of eight feet above the ground. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations, and ordinances.

If a small wind energy system is going to be discontinued or abandoned, the owner shall notify the Director of Building, Zoning, and Licensing Services by certified U.S. mail of the proposed date of discontinuation or abandonment.

Upon discontinuation or abandonment, the owner shall physically remove the small wind energy system within 90 days from the date of discontinuation or abandonment. This period may be extended at the discretion of the Director of Building, Zoning, and Licensing Services upon request of the owner. Physical removal includes, but is not limited to:

In the event that an owner fails to notify the Director of Building, Zoning, and Licensing Services of discontinuation or abandonment, the system shall be considered discontinued or abandoned if it is out of service for a continuous twelve-month period. After such a period of time, the Director may issue a notice of abandonment to the owner of the small wind energy system.

The owner shall have the right to respond to the notice of abandonment within 30 days from when he/she receives the notice. After review of the information provided by the owner, the Director shall determine if the small wind energy system has been discontinued or abandoned. If it is determined that the small wind energy system has not been discontinued or abandoned, the Director shall withdraw the notice of abandonment and notify the owner accordingly.

If the owner of the small wind energy system does not respond to the notice of abandonment, the owner shall remove the wind generator and tower at the owner's sole expense within 90 days of receipt of the notice of abandonment. If the owner fails to physically remove the small wind energy system as called for herein, then the Director of Building, Zoning, and Licensing Services may pursue any appropriate legal action to have the small wind energy system removed at the owner's expense.

Access roads;

Drainage ditches and stormwater structures;

Fencing, screening and earthen berms;

Groundwater monitoring wells, piezometers, and other environmental monitoring devices;

Piping and tanks and appurtenant systems;

Sedimentation basins; and

Utility lines.

Recycling and materials recovery facility. Setback for the front foundation face of any buildings and/or permanent vehicle storage or materials storage facilities at recycling and material recovery facilities shall be 100 feet from City-owned rights-of-way. Normal parking entrances and accesses are permitted within this setback, but permanent overnight truck or equipment parking is prohibited. In the event an alternative screen or buffer is approved by the Planning Board, this setback may be reduced.

Transfer station or composting facility. Setback for the face of buildings or other physical structures used as transfer station or composting facilities shall be 50 feet or composting facilities shall be 100 feet from City-owned rights-of-way. Permanent parking of trucks or equipment within the setback is prohibited. Normal customer access and parking is permitted within the setback. In the event an alternative screen or buffer is approved by the Planning Board, this setback may be reduced.