[Amended 3-8-1994]
This Article
VIII is enacted by the Town of Bedford pursuant to RSA 674:21, II. This innovative land use control ordinance shall provide for all approvals, including the granting of conditional or special use permits, by the Planning Board. Any decision made by the Planning Board under this innovative land use control ordinance may be appealed directly to Superior Court in the same manner provided by statute for appeals from the Planning Board, as set forth in RSA 676:5, III, and RSA 677:15. A waiver process from particular requirements set forth in Article
VIII may be employed by the Planning Board where the applicant demonstrates substantial compliance with the standards set forth in Article
VIII, §
275-58, Purpose, Subsections
A through
E.
[Amended 3-13-2012]
The purposes of this Performance Zoning District Ordinance are:
A.
To attract environmentally acceptable commercial, industrial, recreational, institutional, and residential uses to the District;
B.
To encourage diversity in the community tax base through appropriate flexibility in land use and land use development;
C.
To optimize financial return on public infrastructure investments and expenditures, including municipal sewer, municipal water supply, the Manchester Airport, Class I and II public highways, and the Merrimack River amenities;
D.
To minimize adverse traffic impacts on U.S. Route 3, the I-293/NH Route 101 Interchange, and surrounding local streets and roadways; and
E.
To preserve valuable historical, cultural, and natural features within the district and to minimize adverse environmental impacts such as water, air, light, noise pollution, flooding, clear cutting of vegetation, and the blocking of scenic views.
[Amended 3-13-2012]
The boundaries and extent of the Performance Zoning District are as delineated and depicted on the map entitled "Zoning Map, Town of Bedford, NH 1993," and as afterwards amended.
Except where specifically defined or otherwise referenced within this article, words and terms used are intended to imply their customary definition and meaning. The following words and terms are specifically defined as follows:
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment that devotes more than 15% of the total display, shelf, rack, wall, table, stand or floor area, utilized for the display and sale of the following items listed in Subsection A and B below. The establishment, as one of the principal business purposes, offers for sale or rental for any form of consideration any one of more the following:
[Added 3-14-1995]
A.
Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides, tapes, records, CDs or other forms of visual or audio representations which depict or describe specified sexual activities or specified anatomical areas or meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA-571-B:1; or
B.
Instruments, devices or paraphernalia which are designed for use in connection with sexual conduct as defined in RSA-571-B:1, other than birth control devices. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual conduct or activities and still be categorized as adult video/bookstore. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult video/bookstore so long as one of its principal business purposes is offering for sale or rental for consideration to specified material which depict or describe specified sexual conduct or activities or specified anatomical areas.
(1)
"Specified sexual conduct or activities" means that the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
(2)
"Specified anatomical areas" means and includes any of the following:
(a)
The fondling or other erotic touching of the human genitals, public region, buttocks, anus, or female breasts;
(b)
Sex acts, normal or perverted, actual or simulated, including intercourse, or copulation, or sodomy;
(c)
Masturbation, actual or simulated; or
(d)
Excretory function as part of or in connection with any of the activities set forth in Subsection B(2)(a) through (c) above.
C.
"Adult bookstore or adult video store" does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock and trade and does not devote more than 15% of the total display area of the establishment to the sale of books and periodicals.
ADULT CABARET
A nightclub, bar, restaurant or similar establishment which during a substantial portion of the total presentation time features live
performances which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1, and/or features films, motion pictures, video cassettes, slides or other photographic reproductions, a substantial portion of the total presentation time of which is devoted to showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
[Added 3-14-1995]
ADULT DRIVE-IN THEATER
An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration to persons in motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time being presented for observation by patrons is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
[Added 3-14-1995]
ADULT ENTERTAINMENT BUSINESSES
Adult bookstore or adult video store, adult cabaret, adult drive-in theater, adult motel, adult motion picture arcade, adult motion picture theater, adult theater, nude model studio, and/or sexual encounter center as defined herein.
ADULT MOTEL
A motel or similar establishment offering public accommodations of any form of consideration which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of materials which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
[Added 3-14-1995]
ADULT MOTION-PICTURE ARCADE
Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, in which a substantial portion of the total presentation of the images so displayed is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
[Added 3-14-1995]
ADULT MOTION-PICTURE THEATER
An establishment with a capacity of five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1, for observation by patrons. For the definitions of adult cabaret, adult drive-in theater, adult motel, adult motion-picture arcade, adult theater and this definition of adult motion picture theater, a "substantial portion of the total presentation time" shall mean the presentation of films or shows described above for viewing on more than seven days within any fifty-six-consecutive-day period.
[Added 3-14-1995]
ADULT THEATER
A theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which for any form of consideration regularly features live
performances, a substantial portion of the total presentation time of which is distinguished of characterized by an emphasis on activities which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
[Added 3-14-1995]
BUILDING HEIGHT
The vertical distance from the average existing ground level of a building footprint to the soffit (or highest horizontal support) of the building.
[Added 3-14-1995]
CALIPER
The diameter of a tree trunk measured in inches at breast height (dbh) or 3 1/2 feet above grade.
[Added 3-8-1994]
EASEMENT DEED
A legally binding document which provides the grantee with specific entitlements related to the use and enjoyment of the grantor's property.
IMPERVIOUS COVERAGE
The surface area of all man-made improvements which effectively prevents the natural passage of water from the ground surface to the underlying soil mass.
INCENTIVE BONUS STANDARDS; INCENTIVE BONUS
The provisions of this article which provide potentially advantageous land use arrangements to individuals as compensation for voluntarily utilizing their property(s) in a preferred but not required manner.
LOADING/RECEIVING AREA
A portion of a structure which is reserved for the primary purpose of providing structure access for the arrival and dispersal of goods and products transported by truck or rail.
MATERIAL STORAGE AREA
That portion of a site routinely used for the outdoor storage of any products, goods, or raw materials.
MUNICIPAL SEWER
An operational system constructed and maintained for the collection and renovation of nonhazardous wastewater flows, which is either owned and maintained by a municipality or a public utility company licensed by the Public Utilities Commission of the State of New Hampshire.
MUNICIPAL WATER
An operational system constructed and maintained for the purpose of distribution of potable water for general use, which is either owned and maintained by a municipality or a public utility company licensed by the Public Utilities Commission of the State of New Hampshire.
NOISE
Any objectionable sound produced by any unnatural activity.
NUDE MODEL STUDIO
A place where a person who appears in a state of nudity or displays male genitals in a state of arousal and/or the vulva or more intimate parts of the female genitals and is observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration or such display is characterized by an emphasis on activities which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
[Added 3-14-1995]
NUISANCE ODOR
Any emission which produces and objectionable or unhealthy smell.
REFUSE
Any natural or man-made product or by-product with a market value below the total cost associated with proper disposal of the same.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
[Added 3-14-1995]
A.
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B.
Activities between male and female persons and/or persons of the same sex when one or more persons is in the state of nudity; or
C.
Where the activities in Subsection
A or
B is characterized by an emphasis on activities which meets the definition of "harmful to minors" and/or "sexual conduct", as set forth in RSA 571-B:1.
SHARED-ACCESS DRIVES
Any privately owned curb cuts and/or traveled ways which provide common access to more than one property.
U.S. ROUTE 3
That section of highway known locally as South River Road, which runs the length of Bedford, between the Merrimack and Manchester corporate boundaries.
WATER-DEPENDENT STRUCTURES
A dock, wharf, pier, breakwater, swimming float, boat ramp, or other similar structure or part thereof.
[Amended 3-14-1994; 3-14-1995; 3-11-1997; 3-10-1998; 3-14-2006; 3-11-2008; 7-13-2011; 3-13-2012; 3-10-2015; 3-8-2016; 3-13-2018]
All land uses, or combinations thereof, enumerated hereunder are permitted within the Performance Zoning District subject to review for suitability by the Planning Board. Prior to any Planning Board approval of a proposed use, the applicant must demonstrate that the proposed use will meet all of the performance standards established in the following sections, the Bedford Subdivision Regulations, the Bedford Nonresidential Site Plan Review Regulations, and shall not produce any negative impacts on surrounding properties.
A.
Research and development operations.
C.
Warehousing and truck terminal facilities.
D.
Professional and business offices.
E.
Retail, wholesale and rental trades, commercial service, and repair facilities, subject to Footnote 37 in Table 2, Table of Uses.
F.
Restaurants, fast-food restaurants, hotels, motels, and other hospitality services.
G.
Medical/dental services and related facilities, including hospitals and nursing homes and assisted living facilities. Medical clinics are subject to Footnote 40 in Table 2, Table of Uses.
[Amended 3-8-2022]
H.
Personal service establishments.
I.
Places of worship and related religious facilities.
J.
Public and private educational institutions.
K.
Public and private commercial and noncommercial recreation areas and open space.
L.
Water-dependent structures.
M.
Business center developments.
O.
Gasoline service stations. Gasoline service stations are subject to Footnote 12 in Table 2, Table of Uses, of this chapter. Gasoline service stations and their accessory uses may be permitted in the PZ Zone only by the granting of a conditional use permit by the Planning Board. Applications for a conditional use permit shall address the following: purpose of the Performance Zoning District, dimensional standards, highway improvements, sewer and water connections, setbacks, landscaping, signage, parking, screening of refuse and pumps, lighting, environmental safeguards, nuisance odors, market data to support the proposed location, access to a signalized intersection, existing and future traffic analysis, identification of existing stations within a five-mile radius, and provisions for termination of the conditional use permit if the station is abandoned.
P.
Banks and other financial institutions.
U.
Adult entertainment businesses. Adult entertainment businesses are subject to §
275-72.
W.
Alternative treatment center (non-cultivation location). Alternative treatment centers are subject to §
275-21H.
X.
Workforce housing.
[Added 3-12-2019]
Y.
Solar energy systems. Solar energy systems are subject to §
275-21K.
[Added 3-8-2022]