Article # 1 Are you in favor of the adoption of the following amendment to the Town of Stratham Zoning Ordinance as proposed by the Stratham Planning Board?

To Amend the zoning ordinances to add a new Section 3.4.13 and Section 3.7 Flexible\Mixed Use Development District to the Stratham Zoning Ordinance to address the re-development of the current Community College site. The new sections will require any developer to utilize compact village development guidelines, to encourage the creation of human-scale development with pedestrian friendly spaces, centralized park areas, recreational opportunities and to meet energy efficiency standards and sustainability practices. The proposed ordinance also encourages a mixed-use environment, which would allow opportunities to develop new or provide for the adaptive reuse of existing structures where flexible performance standards would provide for the protection of abutting neighborhoods, surrounding properties and uses.

The Planning Board recommends this article by unanimous vote.

3.4.13 Flexible\Mixed Use Development District

The intent of this district is to address the re-development of the current NH Community College site. The ordinance requires any developer to utilize compact village development guidelines for new development, which encourages the creation of human-scale development with pedestrian friendly spaces, centralized park areas, recreational opportunities and energy efficiency standards and sustainability practices. The ordinance also encourages a mixed-use environment, which allows opportunities to develop new or provides for the adaptive reuse of existing structures where flexible performance standards provide for the protection of abutting neighborhoods, surrounding properties and uses.

3.7.1 Purpose

This section provides for the redevelopment of the NH Community Technical College site, which is a very unique property in Stratham. If no opportunity for change were provided for within this ordinance, proposed reuses could be limited to state, federal or other governmental institutional uses.

The purpose and goals of this section are to provide for the possible redevelopment of the site within the following guidelines:

· To encourage a mixed-use environment which would allow opportunities to develop or provide for the adaptive reuse of existing structures where flexible performance standards would provide for the protection of abutting neighborhoods, surrounding properties and uses.

· To provide for limited commercial, office, and light industrial uses which are similar in nature, and which improve employment opportunities and strengthen the economic base of the town. Such activities should be sensitive to the natural environment, “Dark Sky” lighting standards, adjacent residential areas and other community facilities.

· To utilize compact village development guidelines, which would encourage the creation of human-scale development with “Town Center” pedestrian friendly spaces, centralized park areas and recreational opportunities.

· To encourage any new development to meet energy efficiency standards and sustainability practices.

In order to maintain protections for surrounding properties, development under this ordinance may require more stringent buffer requirements for neighboring residential zones and uses. Due to the sensitivity of the environment and potential proximity to residential areas only specific alternative uses will be permitted.

3.7.2 Zone Defined

The Flex/Mixed Use Development Zone District shall include:

Map 14 Lot 24

3.7.3 Allowed Uses

The following uses are allowed primary uses within the zone;

a. Retirement Planned Community as defined in section 5.6.

b. Senior multi-family housing, congregate care facilities, retirement home or other supported or independent living arrangement for active adults.

c.Adult, family or child-care facilities.

d. Educational facilities.

e. Medical offices, laboratory, clinic, medical support service or short and long-term care facilities.

f. Research and development, corporate and business offices.

g. Professional services.

h.Hotel/Conference Center and related Facilities

i. Indoor recreation/entertainment center/health club.

j. Those uses currently allowed within the RA and PRE zones unless otherwise prohibited or limited within this section.

The following uses shall require a Conditional Use Permit issued by the Planning Board and shall only be allowed as subordinate or complimentary use to any of the above primary uses.

k.Multi-family housing, limited to 2-bed room units.

l. General commercial and/or retail, limited to a maximum of 20,000 sq. ft. per unit.

m. Outdoor recreation/entertainment facilities.

n.Food service or full service restaurant, limited to a maximum of 10,000 sq. ft. per unit.

o. Bank (drive-up and/or office) or financial service.

p. Light Industry.

q. Cultural uses.

r. Social service or church/religious use.

s.Veterinary Hospital or clinic.

t. Any other use, which may be determined by the Planning Board to be subordinate and/or accessory to a primary allowed use.

3.7.4 Development Standards

Any re-use of existing structures where no major external changes are made, parking requirements do not exceed current available spaces, no increase in current septic discharge occurs and traffic impacts are not increased from previous community college use shall be treated as a minor site review by the Planning Board with expedited review and approval.

Any proposed new development shall require full site plan review by the Planning Board and comply with the following standards:

a. All drainage shall be entirely controlled and reintegrated on-site.

b. Site layout should attempt to reflect a compact village style.

c. All new construction shall follow environmentally sustainable practices and BMP’s, which would qualify for Leadership in Energy and Environmental Design (LEED) credits.

d. All new site work shall implement Low Impact Development (LID) BMP’s.

e. All signage shall follow the standards within section 7.3 of these ordinances as allowed within the Town Center zone except for setbacks, which shall only apply to an external lot line. The Planning Board through the Site Plan Review process shall approve all internal lot line setbacks for signage.

f. Any new development shall meet the requirements of Sections 5.2 Landscape Design Standards and Section 5.15 Architectural Plans of the Stratham Site Plan Review Regulations.

In addition the Planning Board through it Site Plan Review and Subdivision application process may require any additional standards, which shall mitigate adverse impacts from any proposed uses. The Board may require additional buffers or performance standards, which will reduce or eliminate any objectionable activities or impacts.

3.7.5 Setbacks and Streetscape

a. Setbacks to any existing exterior lot line shall be 100’.

b. Setbacks for any new construction on any new interior street shall be measured as a build-to line of no less than 20’.

c.All new street construction shall provide for a sidewalk with curbing where appropriate and also where appropriate a 4’ green buffer strip between the paved portion of the street and the sidewalk.

d. Any new lots within the parcel shall require no more than 50’ of frontage and shall allow for zero lot-line setbacks to allow attached structures or for a 10’ minimum separation between structures.

3.7.6 Prohibited Uses

The following restrictions shall exist and uses not allowed within the Flex/Mixed Use district:

a. Adult Oriented Uses;

b. Recycling Facilities;

c. Automotive Sales;

d. Gas/Service Stations;

e. Junk Yards;

f. Hazardous Waste Storage.

Article # 2 Are you in favor of the adoption of the following amendment to the Town of Stratham Zoning Ordinance as proposed by the Stratham Planning Board?

To Amend Sections 2.1 Definitions and Section 7 Signs of Stratham Zoning Ordinance to address real-estate signs, contractor signs, snipe signs, yard sale signs, agricultural signs, and other off-site signage issues. The amendment would restrict the off-site location of real-estate signage, would address other types of signage, and would provide for the enforcement of the ordinance and removal of any illegal signage. The amendment replaces the current Section 7 and replaces it in its entirety with the new language.

The Planning Board recommends this article by unanimous vote.

2.1 DEFINITIONS:

2.1.__ Sign, Agricultural, Temporary / Seasonal: A temporary sign advertising or providing direction to a Farm Stand or farm/agricultural sales activity. The sign shall be seasonal or temporary in nature and with conditions and permissions may be located off-site and within a town right-of-way.

2.1.57 Sign, Contractor's / Development Sign: A temporary sign advertising the contractor or development firm actively engaged in developing the site or parcel on which the sign is located. (Rev. 3/93)

2.1.__ Sign, Snipe: An informal off premises sign which is tacked or otherwise attached to a tree, pole, stake, fence, other sign structure, or other such structure advertising an organization or activity or displaying a message which is not applicable to the present use of the site upon which the snipe sign is attached.

2.1.__ Sign, Vehicle: A sign mounted onto, or otherwise affixed to a) the body or window of a motor vehicle, or b) any other device designed for transport on any public roads.

7.1 PURPOSES:

The intent of this Section is to allow the erection of signs, for the purposes of providing information and advertising, in an orderly, effective, and safe manner. Restrictions on type, location and size of signs protect the public from hazardous and distracting displays and create an attractive environment, which is conducive to business, industry, and tourism.

7.2 GENERAL REGULATIONS:

7.2.1 Sign Table: Table 7.3 lists the types, sizes, and locations of permitted signs according to the use of property and zoning districts. Any sign not specifically listed shall not be permitted. The following exceptions are permitted:

a. Governmental Signs: Signs erected by the municipal, State, or federal government, which are required for the public safety and welfare shall be allowed.

b. Service/Civic Association Signs: Service and civic associations, defined as organizations established by local citizens and which have non‑profit tax status, may apply to the Board of Adjustment for a special exception to erect signs in the municipality providing that the following conditions are met: (1) an individual sign is no larger than four (4) square feet, (2) the organization has written permission for placement of the sign from the landowner, and (3) the sign will not cause a safety hazard or have a visual effect on the surroundings.

c. Directional Signs: In any zone signs not exceeding two (2) square feet per sign in area to point direction to residences, businesses, other allowed uses or meeting places or for directing traffic into or out of a site are permitted.

d. Real estate signs : As defined in Section II, and 4sq. ft. or smaller in size do not need to obtain a permit as long as they comply with the conditions listed below and the provisions outlined in Section 7.3. (Rev. 3/93) Any sign in excess of 4 sq. ft. shall require a permit.

i. Real estate signs may only advertise the property on which they are situated.

ii. Real estate signs may not be illuminated.

iii. There may be no more than one sign per street frontage.

iv. The signs must be removed within 15 days of consummation of the sale or lease.

v. A portable real estate open house sign not to exceed 2 square feet may be placed off-site only on the day of the open house and no longer than 1 hour before and 30 minutes after the open house is taking place.

e. Contractor’s Sign: As defined in Section II, shall be required to obtain a permit and comply with the conditions listed below and the provisions outlined in Section 7.3.

i. The signs may not be placed on the property prior to 15 days before the expected start of construction or upon issuance of a building permit (whichever is latter) nor maintained on the property beyond 15 days after completion of work or upon issuance of a Certificate of Occupancy (whichever is earlier).

ii. No more than one sign per contractor may be placed on the site and the total area of all contractors’ signage shall not exceed 32 sq. ft.

iii. Contractor signs shall not be illuminated.

iv. Signs, which advertise for a contractor who does continual maintenance or service of a site, shall not be allowed.

f. Development signs: As defined in Section II, shall require a permit and may not be placed on the property prior to 15 days before the expected start of development activity nor maintained on the property beyond 15 days after issuance of the final certificate of occupancy or 4 years from the original date of issue. The CEO may issue additional sign permits on an annual basis only beyond the original permit, if he finds that significant sales activity is taking place on the site. Significant sales activity may be determined to be a staffed sales office, regular on-site sales staff hours for lots or new units or continued new-unit construction activities.

g. Yard sale signs: do not need to obtain a permit as long as they comply with the conditions listed below.

i. Yard sale signs may not be placed prior to 3 days before the sale and must be removed within 1 day after the sale.

ii. They may not exceed 6 square feet and may not be illuminated.

iii. The signs may be placed off premises for noncommercial sales related to a single residential dwelling unit (or informal joint sales among neighbors) only provided they are not placed on utility poles and are not a distraction to traffic.

h. Agricultural Sign, Temporary / Seasonal:

i. Shall require a permit and may be placed off-site and within a Town right-of-way only with the permission of the Board of Selectmen and a letter granting approval for the location from the owner of the property of which the sign is located in front of.

ii. Placement shall not exceed 7 months continuously for a season with an additional 30 contiguous or non-contiguous days for the sale of agricultural products.

iii. If located within a Town right-of-way shall not exceed 6 square feet.

iv. If located on private property any sign shall be limited to 12 square feet.

7.2.2 Sign Permits:

a. No sign shall be erected or placed without a permit issued by the Building Inspector in accordance with the provisions of this Ordinance or upon a decision by the Board of Adjustment.

b. All new signage, related to any new development, which may require Site Plan Review and not exempted in section 7.2.1 shall receive Planning Board approval prior to the issuance of any permit. (added 03/06)

7.2.3 Prohibited Signs:

The following signs are prohibited:

a. Signs, any part of which moves or flashes or on which the lights appear to travel or are animated and which shall include variable electronic message signage; (added 03/05)

b. Signs, which by reason of location, size, color, or design interfere with public traffic or be confused with or obstruct the view or effectiveness of any official traffic signal or traffic marking;

c. Any off premises sign or signs which are located off of the property that they are advertising;

d. Signs located on the roof of any structures;

e. Any snipe sign;

f. Strings of light bulbs whether in conjunction with a sign or not except as conventionally used as part of a holiday celebration;

g. Any sign which causes glare onto a public road or any neighboring property;

h. Any sign which emits a sound or visible matter such as smoke or vapor;

i. Internally illuminated signs may be permitted only in the General Commercial and Commercial/Light Industry/Office and Industrial-zoning districts for certain permitted uses. (Rev. 3/96; Rev. 3/98)

j. Any banner or sign mounted to or on a vehicle or trailer, which is displayed in public view, where the purpose is to advertise a business.

7.2.4 Temporary Mobile and/or Portable Signs: New businesses may use a temporary mobile sign (or trailer mounted sign) while awaiting the arrival of a permanent sign. Such signs shall be allowed only until the permanent sign(s) is installed or for thirty (30) days, whichever is shorter. A permit shall be secured from the Building Inspector for the placement of such signs.

7.2.5 Maintenance and Obsolescence: All signs and sign structures shall be properly maintained and kept in a neat and proper state of maintenance and appearance. All signs of any type and located within any district which are found by the Building Inspector to be in a state of disrepair or are considered dangerous, shall be repaired or removed on order of the Building Inspector and upon failure to comply with this order within the time specified within the order, the Building Inspector is hereby authorized to cause removal of this sign and any expense resultant thereto shall be borne by the owner/lessee.

7.2.6 Existing Nonconforming Signs: Shall not be enlarged, expanded, or brought closer to the front lot line than what is allowed under Section 7.3. Signs which are replaced (other than the message portion of the signs) shall comply with the standards of this section. (Rev. 3/94)

7.2.7 Computation of Area. The area of a sign (which is also the sign area of a wall sign or other sign) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop, background or structure against which it is placed. Areas of supporting framework shall be excluded from this calculation up to the amount of 35% of the total area as calculated above. All supporting framework, bracing, or decoration in excess of the 35% limit shall be deemed part of computation of the maximum aggregate area.

An applicant for any sign may be exempted from the 35% limit by Conditional Use permit granted by the planning board. The planning board may require that any applicant applying for said exemption, provide detailed drawings of the proposed signage including framework, bracing, or decoration for review by the board. The Board shall find that the exemption compliments the visual design of the sign and site, and size and location of the sign do not impede the safe flow of traffic into or out of the site. Prior to any issuance of a permit for exemption, the Building Inspector / Code Enforcement Officer shall determine that the area of the sign, not including the areas of supporting framework, comply with the standards set forth in this section. The Planning Board is not required to hold a public hearing for the issuance of any permit issued under this sub-section, but any discussion and vote shall take place at a posted regular planning board meeting or workshop where the application for the permit is noted on the officially posted agenda for such meeting. (Rev. 03/06)

7.2.8 Removal of signs: Any sign or sign structure not in conformance with the requirements of this Ordinance or otherwise permitted is subject to removal by the CEO. The CEO may immediately without any notification remove any sign placed on or over any public right-of-way or public property in violation of this article. Once such a sign is removed the CEO shall make reasonable efforts to notify the owner of the sign that was removed. The owner shall be liable for any costs associated with the removal and storage of the sign. If the owner does not claim the sign within 30 days of notification, or within 30 days of removal and if the Officer is not able to contact the owner, then the sign shall be deemed to be abandoned and may be disposed of by the CEO. Neither notification nor storage are required for the removal of snipe or signs for which the owner cannot be identified.