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.
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.
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
·
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.
The Flex/Mixed Use Development Zone District shall
include:
Map
14
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.
t.
Any other use, which may be determined by the
Planning Board to be subordinate and/or accessory to a primary allowed use.
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 BMPs, which would qualify for Leadership in
Energy and Environmental Design (LEED) credits.
d.
All new site work shall implement Low Impact
Development (LID) BMPs.
e.
All signage shall follow the standards within section
7.3 of these ordinances as allowed within the
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.
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.
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.
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. Contractors 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
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.
|
PROJECTING SIGNS: |
FREE
STANDING: |
ILLUMINATION: |
||||
|
MAH & Residential/ Agricultural Districts: |
Maximum Aggregate Area (A) |
Height Min/Max |
Minimum Feet to Curb |
Maximum Height |
Min. Feet to |
External Illum. |
Internal Illum. |
|
Dwellings; Home Occupations,
Rest-Convalescent-Nursing Homes, Private Nursery Schools, Kindergartens,
Child Care Centers, and Bed & Breakfast establishments: |
4 sq.
ft. |
8-12 |
N/A |
5 |
20 |
No |
No |
|
Public,
Educational, Historical, Institutional uses: (also in Commercial
and Industrial Districts) |
4 sq.
ft. |
8-12 |
N/A |
8 |
20 |
Yes |
No |
|
Temporary
Real Estate Signs: (allowed in the R/A and MAF zones with conditions as noted
in Section 7.2.1 d) (within all other zones with
conditions as noted in Section 7.2.1 d)
|
4 sq.
ft. 16 sq.
ft. |
N/A |
N/A |
6 8 |
10 20 |
No |
No |
|
Temporary Contractors / Development Signs: (allowed in all zones with
conditions as noted in Section 7.2.1 e & f) |
16 sq. ft. (any 1 sign) 32 sq. ft. (total signage) |
N/A |
N/A |
8 |
20 |
No
|
No |
|
Roadside
Stands, Greenhouses, and Nurseries: |
12 sq.
ft. |
N/A |
N/A |
10 |
15 |
No |
No |
|
Cluster
Development Project Identification Signs: |
16 sq.
ft. |
N/A |
N/A |
10 |
20 |
Yes |
No |
Explanatory Notes:
A.
With the
exception of Note B, the maximum aggregate area is the sum of attached,
projecting, and/or freestanding signs.
In no case can all of the sign areas exceed the maximum aggregate area.
B.
One square foot
of a sign area is allowed for each linear foot of principal store frontage of
each individual business. In addition,
one free standing sign of up to 100 square feet is allowed to identify the
shopping center
TABLE 7.3:
PERMITTED SIGNS: (continued)
|
PROJECTING SIGNS: |
FREE
STANDING: |
ILLUMINATION: |
||||
|
Professional/ Residential District: |
Maximum Aggregate Area (A) |
Height
Min/Max |
Minimum Feet to Curb |
Maximum Height |
Min. Feet to |
External Illum. |
Internal Illum. |
|
Businesses, Professional Offices, and Other Office Uses: (not in shopping centers) |
(B) |
N/A |
N/A |
10 |
20 |
No |
No |
|
Shopping Centers and similar Multiple-Use Developments:
(comprised of four or more distinct operations under different proprietorship
which make use of a common driveway and/or parking area) |
(B) |
20 |
100 |
30 |
35 |
Yes |
Yes |
|
Industrial and Office Park Identification Signs: ( Not for individual buildings
or uses) |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
|
Industrial and Office Buildings: |
30 sq.
ft. |
8-16 |
25 |
16 |
35 |
Yes |
Yes |
|
Retail and Service Operations: (permitted as a special
exception in the Industrial District only) |
2 sq.
ft. |
8 |
25 |
10 |
20 |
No |
No |
Explanatory Notes:
A. With the exception of Note B, the maximum aggregate area
is the sum of attached, projecting, and/or freestanding signs. In no case can all of the sign areas exceed
the maximum aggregate area.
B. One
square foot of a sign area is allowed for each linear foot of principal store
frontage of each individual business. In
addition, one free standing sign of up to 100 square feet is allowed to
identify the shopping center
TABLE
7.3: PERMITTED SIGNS (continued)
|
PROJECTING SIGNS: |
FREE
STANDING: |
ILLUMINATION: |
||||
|
General Commercial District: |
Maximum Aggregate Area (A) |
Height
Min/Max |
Minimum Feet to Curb |
Maximum Height |
Min. Feet to |
External Illum. |
Internal Illum. |
|
Businesses, Professional Offices, and Other Office Uses: (not in shopping centers) |
(B) |
N/A |
N/A |
15 |
20 |
Yes |
Yes |
|
Shopping Centers and similar Multiple-Use Developments:
(comprised of four or more distinct operations under different proprietorship
which make use of a common driveway and/or parking area) |
(B) |
20 |
100 |
30 |
35 |
Yes |
Yes |
|
Industrial and Office Park Identification Signs: ( Not for individual buildings
or uses) |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
|
Industrial and Office Buildings: |
30 sq.
ft. |
8-16 |
25 |
16 |
35 |
Yes |
Yes |
|
Retail and Service Operations: (permitted as a special
exception in the Industrial District only) |
2 sq.
ft. |
8 |
25 |
10 |
20 |
No |
No |
Explanatory Notes
A. With the exception of Note B, the
maximum aggregate area is the sum of attached, projecting, and/or freestanding
signs. In no case can all of the sign
areas exceed the maximum aggregate area.
B. One square foot of a sign area is
allowed for each linear foot of principal store frontage of each individual
business. In addition, one free standing
sign of up to 100 square feet is allowed to identify the shopping center.
TABLE
7.3: PERMITTED SIGNS: (continued)
|
PROJECTING SIGNS: |
FREE
STANDING: |
ILLUMINATION: |
||||
|
Industrial District: |
Maximum Aggregate Area (A) |
Height Min/Max |
Minimum Feet to Curb |
Maximum Height |
Min. Feet to |
External Illum. |
Internal Illum. |
|
Businesses, Professional Offices, and Other Office Uses: (not in
shopping centers) |
(B) |
N/A |
N/A |
10 |
20 |
No |
No |
|
Shopping Centers and similar Multiple-Use Developments:
(comprised of four or more distinct operations under different proprietorship
which make use of a common driveway and/or parking area) |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
|
Industrial and Office Park Identification Signs: ( Not for individual buildings
or uses) |
48 sq.
ft. |
N/A |
N/A |
10 |
20 |
Yes |
No |
|
Industrial and Office Buildings: |
30 sq.
ft. |
8-16 |
25 |
16 |
35 |
Yes |
Yes |
|
Retail and Service Operations: (permitted as a special
exception in the Industrial District only) |
2 sq.
ft. |
8 |
25 |
10 |
20 |
No |
No |
Explanatory Notes:
A. With
the exception of Note B, the maximum aggregate area is the sum of attached,
projecting, and/or freestanding signs.
In no case can all of the sign areas exceed the maximum aggregate area.
B. One
square foot of a sign area is allowed for each linear foot of principal store
frontage of each individual business. In
addition, one free standing sign of up to 100 square feet is allowed to
identify the shopping center
TABLE
7.3: PERMITTED SIGNS: (continued)
|
PROJECTING SIGNS: |
FREE
STANDING: |
ILLUMINATION: |
||||
|
Commercial /Light Industry/Office District: (CLIO) |
Maximum Aggregate Area (A) |
Height
Min/Max |
Minimum Feet to Curb |
Maximum Height |
Min. Feet to |
External Illum. |
Internal Illum. |
|
Businesses, Professional Offices, and Other Office Uses: (not in shopping centers) |
(B) |
N/A |
N/A |
10 |
20 |
Yes |
No |
|
Shopping Centers and similar Multiple-Use Developments:
(comprised of four or more distinct operations under different proprietorship
which make use of a common driveway and/or parking area) |
(B) |
20 |
100 |
30 |
35 |
Yes |
Yes |
|
Industrial and Office Park Identification Signs: ( Not for individual buildings
or uses) |
48 sq.
ft. |
N/A |
N/A |
10 |
20 |
Yes |
No |
|
Industrial and Office Buildings: |
30 sq.
ft. |
8-16 |
25 |
16 |
35 |
Yes |
No |
Explanatory Notes:
A. With the exception of Note B, the
maximum aggregate area is the sum of attached, projecting, and/or freestanding
signs. In no case can all of the sign
areas exceed the maximum aggregate area.
B. One
square foot of a sign area is allowed for each linear foot of principal store
frontage of each individual business. In
addition, one free standing sign of up to 100 square feet is allowed to
identify the shopping center
TABLE
7.3: PERMITTED SIGNS: (continued)
|
PROJECTING SIGNS: |
FREE
STANDING: |
ILLUMINATION: |
||||
|
Town Center District: |
Maximum Aggregate Area (A) |
Height
Min/Max |
Minimum Feet to Curb |
Maximum Height |
Min. Feet to |
External Illum. |
Internal Illum. |
|
Hotels
and Motels: |
12 sq.
ft. |
8-12 |
N/A |
10 |
20 |
Yes |
No |
|
Businesses, Professional Offices, and Other Office Uses: (not in shopping centers) |
(B) |
8-12 |
N/A |
10 |
20 |
Yes |
No |
|
Shopping Centers and similar Multiple-Use Developments:
(comprised of four or more distinct operations under different proprietorship
which make use of a common driveway and/or parking area) |
(B) |
20 |
60 |
25 |
35 |
Yes |
No |
|
All Other Uses Permitted in the Town Center Zoning District: |
12 |
8-12 |
N/A |
10 |
20 |
Yes |
No |
Explanatory Notes:
A. With the exception of Note B, the
maximum aggregate area is the sum of attached, projecting, and/or freestanding
signs. In no case can all of the sign
areas exceed the maximum aggregate area.
B. One square foot of a sign area is
allowed for each linear foot of principal store frontage of each individual
business. In addition, one free standing
sign of up to 100 square feet is allowed to identify the shopping center.
To add a new Section 5.11 Day-Care Facilities to
the Stratham Zoning Ordinance to address the location of Day-Care and Childcare
facilities with the Town of
The
Planning Board recommends this article by
unanimous vote.
5.11
Day-Care Facilities
Day-care facilities shall be allowed within all zones
by Special Exception except within the CLIO zone where they shall be allowed by
Conditional Use Permit.
Within any zone a Day-Care facility shall comply with
all state regulations and unless otherwise noted the general requirements of
Section 17.8.2 (Special Exceptions).
Where a Day-Care facility is located in any
residential zone, any Special Exception granted by the ZBA shall comply with
the additional requirements of this subsection.
State septic requirements and other state licensing
requirements may provide additional limitations on staffing and care maximums
beyond what the Town of
For Childcare facilities the provisions and
definitions provided for in NH RSA 170-E shall be followed in addition to the
requirements provided for in this section.
5.11.1
FAMILY CHILDCARE (Home
Occupation): the care of no more than 3 non-family members within the home and meets all the requirements of
a home occupation as defined in Section 2.1.27 (Home Occupation). No additional requirements shall be needed
for a Special Exception.
5.11.2
FAMILY CHILDCARE HOME: a state
licensed day-care program operated in a home in which the provider
resides.
a.
Care provided
for a maximum of 6 preschool children plus up to 3 children who
are enrolled in a full-day school program (The 6 children shall include any
foster children residing in the home and all children related to the caregiver
except children who are 10 years of age or older),
b.
Minimum 2 acre
lot,
c.
No more than 3 non-family members may be employed
within the home,
d.
All staff parking and play areas shall be buffered
from abutting residential properties in the side and rear by a fence or dense
evergreen growth.
5.11.3
FAMILY GROUP CHILDCARE HOME: a state
licensed day-care program operated in a home in which the provider
resides.
a.
Care provided
for 7 to 12 preschool children plus up to 5 children enrolled in
a full-day school program (The 7 to 12 children shall include any foster
children residing in the home and all children related to the caregiver except
children who are 10 years of age or older),
b.
Minimum 2 acre
lot,
c.
Drop-off and
pick-up areas shall be internal to the site, no stopping, standing, stacking or
parking of vehicles off-site shall be allowed,
d.
All staff parking and play areas shall be buffered
from abutting residential properties in the side and rear by a fence or dense
evergreen growth,
e.
The Planning Board through the Site Plan Review
process may require additional setbacks and buffering to reduce any impacts on
abutting residential properties.
5.11.4
a.
The maximum
number of individuals cared for shall be limited by State licensing
requirements,
b.
Within the R/A,
MAH, PRE and TC zones the minimum lot size shall be 3 acres and the maximum
number of children allowed shall not exceed 80, within all other zones only
state licensing requirements and limits shall apply.
c.
Drop-off and
pick-up areas shall be internal to the site, no stopping, standing, stacking or
parking of vehicles off-site shall be allowed,
d.
All structures shall be setback from any lot line at
least 75,
e.
All staff parking and play areas shall be buffered
from abutting residential properties in the side and rear by a fence or dense
evergreen growth,
f.
The Planning Board through the Site Plan Review
process may require additional setbacks and buffering to reduce any impacts on
abutting residential properties.
Article # 4 Are you in
favor of the adoption of the following amendment to the Town of
To add a new Section
16.5 Historic Demolition Review To require that prior to any
demolition of any home, barn or other structure, which is assumed to be over 50
years in age, be reviewed by the Heritage Commission prior to any issuance of a
permit to demolish such structure. The
new section would provide for an expedited review with an extended review
period for structures within the town, which were found to be historic, or of
significant importance to the heritage of the community.
The
Planning Board recommends this article by
MAJORITY vote.
16.5
Historic Demolition Delay
16.5.1
Definitions:
As used in this section, the following words or phrases shall have the
meanings set forth below, except when the context in which they are used
requires a different meaning.
Building:
Building is defined as any structure used or intended for supporting or
sheltering any use or occupancy.
Demolition
Review Committee: A committee of the Stratham Heritage Commission
comprised of three (3) members of the commission and two (2) alternates
appointed by the chair of the commission. Any conflict of interest by a
member shall be determined as set forth in NH RSA 673:14.
Demolition:
The act of pulling down, destroying, removing, or razing a building or
commencing the work of total or substantial destruction with the intent of
completing the same.
16.5.2
Criteria.
Any
building or part of a building in the Town of
(a) The
proposed demolition is greater than five hundred (500) square feet of gross
floor area; and
(b) The building(s) is assumed to have been
constructed more than fifty (50) years before the date of application for
demolition permit; and
(c) The building is visible from the adjacent
public right-of-way or public lands or is listed or is eligible for
listing in the National Register of Historic Places or state or local historic
registers.
16.5.3 Procedure.
When an
application for a demolition permit, or a building permit involving demolition,
or a site plan review involving demolition is made, or a formal written
application is submitted to the Building Inspector or Code Enforcement Officer
for a determination under this article, the Code Enforcement Officer will
determine if the building, or section of the building, meets the above
criteria. If it does, the Code Enforcement Officer shall:
(a) Forward a copy of the application to the
demolition review committee.
(b) Within five business days of its receipt of
a copy of the application, the committee shall issue a preliminary
recommendation regarding the granting of a demolition permit. If the committee
issues a recommendation in favor of the granting of such a permit, a demolition
permit shall be issued. If the committee determines the building to be
potentially significant, no permit shall be issued until a more thorough
investigation is undertaken and a final written recommendation is provided by
the committee to the Code Enforcement Officer. Investigation and recommendation
shall be completed within 30 calendar days of the committee's receipt of a copy
of the application.
(c) During the maximum 30 calendar-day-period,
the committee shall meet with the property owner and conduct such public
hearings and investigations as it may determine to be necessary in the
formulation of its written recommendation regarding the granting of such
permit. The committee shall consider the following criteria in its
deliberation:
i. The building or structure is of such
interest or quality that it would meet national, state or local criteria for
designation as a historic, cultural, or architectural landmark.
ii. The building or structure is of such
unusual or uncommon design, texture, or materials that it could not be
reproduced or could be reproduced only with great difficulty and expense.
iii. The
building or structure is of such architectural or historic interest that its
removal would be to the detriment of the public interest.
iv. Retention of the building or structure
would help preserve and protect a historic place or area of historic interest
in the town.
16.5.4 Demolition Review Committee
Responsibilities.
It is the
responsibility of the Demolition Review Committee to:
(a) Make a decision within five
business days of receipt of the demolition application as to whether the
building might be significant and preferably preserved within the standards and
specifications provided above. If no decision is made within five business
days, the application will be deemed to be approved and the permit may be
issued.
(b) Hold
a meeting between the demolition review committee and the applicant (or
applicant's representative) to discuss alternatives to demolition if the
committee determines the building is significant and its loss potentially
detrimental to the community.
16.5.5 Demolition.
(a)
If no alternatives to demolition have been identified
and agreed to by the applicant after the meeting provided for in the preceding
section, the applicant is free to proceed with demolition provided a permit is
issued. (The Code
Enforcement Officer / Building Inspector shall issue a permit if all other
typical application requirements have been met)
Prior to demolition, and if the applicant is in agreement, the
demolition review committee shall photographically document the building. The
committee shall also encourage the applicant to salvage significant
architectural features.
(b) Nothing in this article shall be construed
to prevent immediate demolition where the public safety is at stake and the
building has been determined by the Code Enforcement Officer to be a public
hazard and demolition is the only viable recourse.
To amend the Official
Zoning Map of the Town of
The
Planning Board recommends this article by
unanimous vote.

To amend the Official
Zoning Map of the Town of
The
Planning Board recommends this article by
MAJORITY vote.

Article
# 7 Are you in favor of
the adoption of the following amendment To the Town of Stratham Zoning
Ordinance as proposed by petition of the voters of this town?
The
petition is requesting the Town extend the General Commercial Zone on the
eastern side of
The Planning Board does NOT recommend this
article by unanimous vote.