Rochester City Zoning Code
ARTICLE 21
Conditional Uses
§ 275-21.1 General provisions.
A.
Granting authority. Wherever a conditional use is authorized under this chapter, the authority to administer or grant conditional use approval is vested in the Planning Board. Conditional use approval may be granted only for those conditional uses referred to in Subsection C below.
B.
Purpose. Certain uses, structures, or conditions possess special characteristics such that if developed in certain locations or in certain ways may have significant adverse impacts. In order to safeguard the public interest and the interest of neighboring property owners, some uses, structures, and conditions require the Zoning Board of Adjustment to grant a special exception and others are designated as conditional uses to provide an opportunity for the Planning Board to review and evaluate these applications on an individual basis in contrast to uses which are simply permitted by right.
C.
Types of conditional uses.
(1)
There are two types of conditional uses covered under this chapter:
(2)
The process is the same for both types of conditional uses. The term "conditional uses" is used throughout this chapter for both situations.
D.
Criteria and conditions.
(1)
The base criteria in § 275-21.3 below shall apply to all conditional uses. In addition, certain particular uses have specific criteria and/or conditions which must also be met in order for those uses to be approved as listed below in § 275-21.4, Conditions for particular uses. For those uses which are not specifically discussed below, it is necessary only that the base criteria be satisfied.
(2)
It is not essential that the Planning Board specifically and outwardly articulate compliance with each criterion and condition. At its option, the Board may simply state that all of the criteria and conditions have been met, provided it is duly diligent and thorough in its consideration.
E.
Burden of persuasion. The applicant shall bear the burden of persuasion, through the introduction of sufficient evidence as may be required by this chapter or by the Planning Board in its reasonable discretion, that the development, if completed as proposed, will comply with this article and will satisfy the specific requirements for the use or standard contained in this chapter.
F.
Pertinent information. In reviewing an application for a conditional use approval, the Planning Board shall consider the following information, as applicable to the case:
(1)
Compliance with the applicable requirements contained in this chapter;
(2)
The results of any special investigative or scientific studies prepared in association with the proposed development;
(3)
Special reports or analysis of the project or its impacts, prepared by the City or consultants;
(4)
The findings, goals and objectives of the City's Master Plan;
(5)
The relationship of the development to the timing, location and cost of public improvements scheduled in the Capital Improvements Program and improvements necessitated by the development;
(6)
Testimony and evidence introduced at the public hearing on the application; and
(7)
Any other appropriate information or documentation.
G.
Terms of approval.
(1)
The Planning Board may also impose, in addition to any applicable conditions specified in this chapter, such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this chapter, including but not limited to the following:
(a)
Increasing front, side, and rear setbacks in excess of the minimum requirements of this chapter;
(b)
Screening of the premises from the street or adjacent property in excess of any minimum requirements of this chapter;
(c)
Landscaping in excess of any minimum requirements of this chapter or the Site Plan Regulations;
(d)
Modification of the exterior features of buildings or other structures;
(e)
Limitations on the size of buildings and other structures more stringent than the requirements of this chapter;
(f)
Footprint or lot coverage less than the allowed maximum of this chapter;
(g)
Limitations on the number of occupants and methods and times of operation;
(h)
Regulation of design of access drives, sidewalks, crosswalks, and other traffic features;
(i)
Off-street parking and loading spaces in excess of, or less than, the minimum requirements of this chapter or the Site Plan Regulations; and
(j)
Other performance standards as appropriate.
(2)
Such conditions shall be imposed in writing, and the applicant may be required to post bond or other security for compliance with these conditions in an amount satisfactory to the City. The Planning Board may require that such conditions be annotated on a site plan or subdivision plat, or otherwise recorded at the Strafford County Registry of Deeds.
H.
Existing uses and structures. Any use that was lawfully established prior to the adoption of this chapter and which is allowed as a conditional use, but for which a conditional use approval was never issued, is now permitted and may continue in the same manner and to the same extent as conducted prior to the adoption of this chapter. However, a conditional use approval shall be secured from the Planning Board before the use or structure or building in which the use is conducted may be intensified, enlarged, expanded, moved or significantly altered.
§ 275-21.2 Procedures.
A.
Application. Conditional uses authorized under this article may be granted only after application to and a public hearing by the Planning Board and subject to the provisions of RSA 674:16, as amended. The Planning Board may establish special procedures and fees for conditional use applications consistent with RSA 674:16, as it sees fit.
B.
Site plans and subdivisions. Where a conditional use application is related to a specific subdivision or site plan application, the application and review procedure for both shall be conducted concurrently.
C.
Appeals. Any persons aggrieved by a Planning Board decision on a conditional use application may appeal that decision to the Superior Court, as provided for in RSA 677:15.
D.
Expiration of conditional use approvals. Any conditional use approval shall expire or become null and void upon the expiration, lapse, nullification, withdrawal, or repeal of any site or subdivision plan to which the conditional use is attached.
§ 275-21.3 Base criteria.
The Planning Board shall grant a conditional use approval if, and only if, it reasonably determines that all of the following criteria are met (in addition to those criteria/conditions articulated for particular uses in § 275-21.4 below, or in addition to those articulated elsewhere in this chapter for departures from standards):
A.
Allowed use or departure. The use or departure from standards is specifically authorized under the Tables of Uses in Article 18 as a conditional use or is otherwise specifically authorized in this chapter;
B.
Intent of chapter. The proposal is consistent with the purpose and intent of this chapter;
C.
Intent of Master Plan. The proposal is consistent with the purpose and intent of the Master Plan;
D.
Compatibility. The proposal is compatible with general dimensional, use, and design characteristics of the neighborhood and surrounding area;
E.
Streetscape. The proposal will not adversely impact the quality of the streetscape;
F.
Resources. The use or departure will not have a significantly adverse impact upon natural, scenic, historic, or cultural resources and can be designed with sensitivity to environmental constraints; and
G.
Public facilities. The use does not place an undue burden upon the City's resources, including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, police protection, streets and schools.
§ 275-21.4 Conditions for particular uses.
For each individual use listed below, all of the specific conditions attached to that use must be met along with the base criteria articulated in § 275-21.3 above.
A.
Assisted living facility. The permitted density shall be 1 1/4 times that otherwise permitted for residential uses in the district.
D.
Flag lots. As part of any major subdivision (involving a new road) the Planning Board may approve the creation of one or more flag lots as a conditional use. Flag lots are allowed subject to the following terms/findings:
(1)
Allowing the flag lot(s) accommodates a superior layout than what would otherwise be allowed;
(2)
A tangible public benefit is gained such as the creation of additional or higher quality open space, preservation of important resources, or creating a trail network;
(3)
The total number of flag lots shall not exceed 15% of the total number of lots in the subdivision (being created at that time);
(4)
The total number of lots, including the flag lots, shall not exceed the number otherwise allowable based on frontage and lot size;
(5)
The width of the frontage and the entire "flagpole" leading to the main lot area is at least 25 feet; and
(6)
The Planning Board may stipulate shared driveways at its discretion, including for access to the flag lot, to reduce access points.
E.
Gas station.
(1)
The minimum lot area shall be at least 30,000 square feet.
(2)
Lot frontage shall be at least 150 feet.
(3)
Pumps, lubricating and other outdoor service devices shall be located at least 30 feet from the front, side and rear lot lines.
(4)
All automobile parts and dismantled vehicles are to be stored within a building, and no repair work is to be performed outside a building.
(5)
The minimum setback for all portions of canopies shall be 20 feet from the front, side and rear lot lines or those setbacks established for the district, whichever is greater.
(6)
Limited light maintenance activity is an accessory use and includes engine tune-ups, lubrication, brake repairs, tire changing, battery charging, car washing, detailing, polishing, and carburetor cleaning. Such heavy maintenance activities as engine overhaul, vehicle painting, welding, and body or fender work is not an accessory use.
F.
House of worship. Within residential zones all parking shall be located beyond the rear facade; provided, however, that the Planning Board may approve parking to the side of the building, but situated no further forward than the front facade by conditional use subject to adequate screening from the road.
G.
Lodging facility. For a lodging facility, the minimum lot size shall be 30,000 square feet plus 1,000 square feet per unit. Minimum lot size for a bed-and-breakfast shall be the minimum lot size for a single-family home according to the applicable zone district. The minimum lot size for a hotel in the Downtown Commercial (DC) Zone District shall be 7,500 square feet.
[Amended 5-7-2019]
H.
Mini-warehouse. The front setback for all storage structures shall be 100 feet. Side and rear setbacks from any residential property shall be 75 feet.
I.
J.
Nursing home. The minimum lot size for the zone shall be increased by 1,000 square feet for each patient bed. The permitted density shall be 1 1/4 times that otherwise permitted for residential uses in the district.
K.
Parking lot. For properties within the Downtown Commercial (DC) Zone District, Parking lots shall be limited to 20 parking spaces for any single tenant unless otherwise approved by the Planning Board pursuant to the standards below:
[Added 5-7-2019]
(1)
The applicant demonstrates a unique commercial or market-based need for additional parking.
(2)
There is a lack of publicly accessible parking in the immediate vicinity.
(3)
Sharing parking with an adjacent use or property is impractical or not possible.
(4)
Negative visual effects of a large parking lot are minimized to the extent practicable through site design, breaking up large expanses of paving, shielding parking from direct public view, or placing parking to the side or behind buildings. Where possible, buildings in the DC District should front a primary street with parking placed to the side or rear.
(5)
The Planning Board may impose operational parameters regarding signage, limiting access points, and may require specific lighting and landscaping installation.
L.
Parking facility, commercial. The Planning Board may approve a commercial parking facility based on the following standards:
[Added 5-7-2019]
(1)
Sizing and capacity of the facility is based on current and forecasted use patterns and demand for publicly accessible parking.
(2)
Frontages along a primary commercial street, to the extent practicable, incorporate commercial business on the ground floor as a means of providing pedestrian interest and minimizing extended expanses of blank walls.
(3)
An acceptable operations plan defines the basic functions of the facility including signage, offsite wayfinding, hours of operation, access and control points, payment systems, and lighting and landscape installation.
(4)
Rate schedules and changes thereto shall remain the prerogative of the owner and shall not be required for approval or conditioned by the notice of decision.
M.
Porkchop subdivision. The purpose of a porkchop subdivision (see definition in Article 2) is to help preserve the scenic character of neighborhoods and reduce natural resource fragmentation caused by development. This encourages owners of parcels along existing roads and streets to concentrate this subdivision to one side of the parcel and retain the remainder as open space. This allows for some minimal level of development on parcels with significant acreage in the rear of the lot to avoid inducing property owners to develop cul-de-sacs at a higher level of development. Porkchop subdivisions are allowed subject to the following requirements:
[Amended 10-1-2024]
(1)
Parcel size. The parent parcel shall have a minimum size of six gross acres and minimum frontage of 150 contiguous feet on an existing public way. The parent parcel shall have a maximum frontage of 450 contiguous feet on an existing public way.
(2)
Three lots. There shall be a maximum of three lots created from any one lot. This includes the parent parcel..
(3)
Lot size. The minimum lot size for each newly created lot shall be 40,000 square feet or the minimum lot size for the district, whichever is greater. The maximum lot size for each newly created lot shall be 65,340 square feet (approx. 1.5 acres). This excludes the parent parcel.
(4)
Frontage. The minimum frontage for each new porkchop lot shall be 50 feet.
(5)
Common access. All lots shall have one, shared, private access point.
(6)
Addressing Standards Guide.
(a)
According to the Addressing Standards Guide prepared by the State of New Hampshire, Department of Safety, Division of Emergency Services and Communications, "Any road, either publicly or privately maintained....which may be traversed by an emergency service vehicle and provide access to three or more addressable structures should be named and assigned address ranges."
(b)
All named access roads shall be constructed in accordance with the requirements of the Fire Code as adopted by the State of New Hampshire.
(c)
Applicant shall submit a road name application and work with the Planning Department on E-911 addressing assignments.
(d)
All named access roads shall have street name signs mounted and affixed in accordance with the Standards of Infrastructure Design as adopted by the City of Rochester.
(e)
Any building or structure for which a number has been designated shall have such number affixed thereto in such manner as to be plainly visible from the highway, in accordance with the City of Rochester Codes as adopted.
(7)
No further subdivision. There shall be no further subdivision of any of the porkchop lots other than lot line adjustments. As such, a note shall be added to the recordable subdivision plan which reads "There is to be no further subdivision of these lots."
(8)
The porkchop lots shall be used for single-family by right or duplexes with approval of a conditional use permit in accordance with the Zoning Ordinance.
(9)
Width. The all-season passable width of any private access shall be 20 feet when serving two or more lots.
(10)
Easement width. The width of the private access easement shall be 30 feet. Additional width may be required to accommodate slope and drainage easements.
(11)
Turnaround. An acceptable turnaround for the fire trucks may be required.
(12)
Recording. A document satisfactory to the City Attorney shall be recorded establishing the conditions of use of any shared private access, providing for indemnification for the City for emergency services, and including suitable language to ensure that the private access will not become a City-owned or maintained road or street.
N.
School, K-12; school, other. Within residential zones all parking shall be located beyond the rear facade; provided, however, that the Planning Board may approve parking to the side of the building, but situated no further forward than the front facade, by conditional use subject to adequate screening from the road.
O.
Senior housing.
(1)
The minimum development parcel shall be five gross acres.
(2)
The project must provide special facilities and/or programs oriented toward seniors.
(3)
The applicant must explain how he/she will meet the definition for senior housing in this chapter (see Article 2, Definitions).
(4)
The developer/manager must provide documentation to the Planning Board demonstrating that the development meets the definition for senior housing in this chapter.
P.
Solar, community and solar commercial systems.
[Added 12-6-2022[2]]
(1)
Screening.
(a)
Ground-mounted solar collection systems shall have perimeter fencing and/or vegetative screening as approved by the Planning Board. The use of vegetative screening is encouraged.
(b)
Perimeter fencing for the site shall not include barbed wire or woven wire designs without visual screening and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom.
(2)
Glare.
(a)
Significant glare shall be considered a nuisance as per Rochester Zoning Ordinance § 275-28.2D, Performance standards.
(b)
Applicants must demonstrate that the solar collection system design has reasonably considered and mitigated potential impacts of significant glare onto abutting structures and roadways. Mitigation may include angle of panels, antireflective panel coating or additional screening to minimize impacts.
(3)
Noise.
(a)
Loud or disruptive noise shall be considered a nuisance as per Rochester Zoning Ordinance § 275-28.3, Noise.
(b)
Noise levels at the property line shall be in accordance with the municipal noise ordinance.
(c)
Applicants must demonstrate that operation of the solar collection system will not exceed permissible noise levels at the property line. Mitigation measures may be required to achieve permissible noise levels.
(4)
Electric and communication lines.
(a)
Power and communication lines between the solar collection system and the point of interconnection shall be buried underground.
(5)
Ground cover. The following provisions shall apply to the clearing of existing vegetation and establishment of vegetated ground cover.
(a)
Preservation of trees and existing vegetation that will not impede or shade the functioning of the solar collection system is encouraged.
(b)
Applicants that propose a ground mounted solar collection systems exceeding 30% lot coverage or one acre, whichever is greater shall submit a vegetative management plan prepared by a landscape architect or similarly qualified professional The plan shall identify:
[1]
The qualified professional(s) consulted or responsible for the plan.
[2]
The mix of proposed perennial vegetation intended to prevent erosion, and manage run off. Vegetative cover should include a mix of native perennial grasses and wildflowers.
[3]
The management methods and schedules for how the vegetation will be managed (mowing, replacement, etc.).
(c)
The solar collection system shall be approved by the Planning Board prior to any site work or lot clearing.
(6)
Stormwater.
(a)
Ground-mounted solar collection systems are subject to City standards for stormwater management, erosion and sediment control provisions, as well as any applicable state and federal requirements.
(b)
If the solar collection system is less than 30% lot coverage or less than one acre shall be exempt from stormwater management requirements provided the ground below the system is not compacted and vegetated.
(c)
Ground-mounted systems that require land clearing and grubbing of forested cover greater than one acre, shall at a minimum, submit a stormwater permit to the Department of Public Works.
(7)
Abandonment and decommissioning.
(a)
Solar collection systems shall be deemed to be abandoned by a municipal official as evidenced by the lack of system maintenance or operation discontinuance without prior written consent of the municipality (such as for reasons beyond the control of the owner/operator).
(b)
An abandoned system shall be removed, and the site restored with vegetative cover within 12 months of abandonment.
(8)
Submittal requirements for primary use solar collection system.
(a)
Primary use solar collection systems shall submit a site plan application.
(b)
All solar collection systems shall comply with applicable aspects of the Zoning Ordinance and site plan regulations. Applications must address all requirements for principle use solar collection systems as well as provide the following:
[1]
A plot plan with a horizontal scale and a profile drawing with a vertical scale showing the lot to include:
[2]
Existing structures, property lines, setbacks, lot size, ROWs;
[3]
Land clearing or grading required for the installation and operation of the system;
[4]
The location of all equipment to be installed on site including utility connection point(s) and equipment;
[5]
Equipment, except for utility connections, shall comply with required setbacks.
(c)
Equipment specifications.
[1]
All proposed equipment or specifications must be included with the application. Such information can be supplied via manufacturer's specifications.
(e)
Solar collection systems requiring a conditional use permit shall meet base criteria conditions set by 275-21.3 of the Zoning Ordinance.
(f)
Solar collection systems requiring a special exception from the Zoning Board of Adjustment meet applicable criteria set § 275-22.3 of our Zoning Ordinance and meet provisions identified under the primary use section of this chapter as well as applicable site plan regulations.
(g)
All applicable state and federal permitting associated with the solar energy system must be obtained prior to building permit issuance. Copies of the permits or confirmation of the approvals must be submitted to the Planning Department.
(h)
All proposals under this chapter may be subject to special investigation and the review of documents under RSA 674:44-V.
Q.
Vehicle sales. No vehicles or other equipment or materials may be stored or displayed within the road right-of-way. The City of Rochester shall take all appropriate steps to enforce this requirement. See enforcement provisions under Article 3, Administration.
S.
Granite Ridge District Residential Housing (Article 8).
(1)
The commercial footprint of 55%, and residential footprint of 45% may be adjusted to increase the residential footprint percentage. The applicant shall demonstrate that a residential need exists which current market conditions are not adequately serving, or that commercial market conditions have changed which makes the 55% commercial footprint requirement economically unfeasible.
(2)
The completion and occupancy allocations of 50% of the residential development that may be occupied prior to the completion of between 25% to 50% of the nonresidential structures may be adjusted to increase the residential percentage. The applicant shall demonstrate that either residential or commercial market conditions are impacting the ability to comply with the allocation.