For one-, two- and three-family dwellings in
any zone there shall be only one principal structure per lot.
[Amended 7-10-2006 by Ord. No. 03-07]
A.
Nonconforming uses:
(1)
A nonconforming use is a use that is not permitted
in the zoning district where the building or use is located. Such
existing nonconforming uses are grandfathered uses for the purposes
of this Zoning Ordinance.
(2)
A building associated with a nonconforming use may not be extended, expanded or changed, unless to a conforming use, except as noted in Subsection A(4), below.
(3)
A structure housing a nonconforming use that is damaged
by fire, flood, explosion or other casualty may be reconstructed and
used as before if such reconstruction has no greater coverage and
contains no greater cubic content than before such casualty and is
completed within one year of the initial damage. This may be extended
for up to six additional months upon concurrence of the Planning and
Zoning Administrator.
(4)
A nonconforming use may be changed to another nonconforming use, subject to the issuance of a special exception issued by the Zoning Board, when the conditions of § 305-4 are met and the Zoning Board of Adjustment finds that the proposed nonconforming use is no more objectionable to the surrounding neighborhood and has less adverse impact on the neighborhood.
(5)
In the event that any nonconfirming use, conducted
in a structure or on a lot, ceases or is abandoned, for whatever reason,
for a period of one year or more, such nonconforming use shall not
be resumed.
B.
Nonconforming lots:
[Amended 3-7-2011 by Ord.
No. 07-11]
(1)
A nonconforming lot is one which does not meet the lot area or frontage requirements, or the impervious coverage limitations of the Webster Lake Overlay District (§ 305-29.3).
(2)
An
unimproved nonconforming lot, held in separate ownership from the
ownership of any adjoining lot, may be used for the erection of a
structure conforming to the use and setback requirements of the district
in which the lot is located, even though the lot area and frontage
are less than the minimum requirement of this chapter. If the setback
requirements cannot be satisfied then a variance will be required.
(3)
Two
or more adjoining nonconforming lots held in common ownership may
be required to be merged for the purposes of the development of either
of the subject lots.
C.
Nonconforming structures.
(1)
Nonconforming structures are ones that do not meet the setback requirements of § 305-14, Yard and area requirements, or § 305-15, Height requirements. The distance between the lot line and the nearest corner or point of the existing structure creates the preexisting line of encroachment.
[Amended 8-6-2007 by Ord. No. 01-08; 3-7-2011 by Ord. No. 07-11]
(2)
Individual and separate residential units that are
part of a condominium association shall be considered nonconforming
for the purposes of these provisions since more than one residential
unit is located on the lot.
(3)
Any alterations, additions, change, etc. to a nonconforming
structure may only be done in conformance with the issuance of all
applicable building permits.
(4)
Except as otherwise provided in § 305-18C(6) of this chapter, any nonconforming structure damaged by fire, flood, explosion or other casualty, or a nonconforming structure removed through the issuance of a demolition permit, may be reconstructed and used as before if such reconstruction has no greater coverage, the reconstructed structure maintains the same setbacks as the original structure or is less nonconforming than the original structure, and contains no greater cubic content than before such casualty or demolition and is completed within one year of the initial damage or demolition. This may be extended one time for up to six additional months upon approval of the Planning and Zoning Administrator.
[Amended 3-7-2011 by Ord.
No. 07-11]
(5)
The language of Subsection C(4), above, notwithstanding, if the lot on which the structure and the foundation are being demolished and removed conforms to the lot area requirements of the zoning district, then the structure being rebuilt shall conform to the appropriate yard setback requirements. If there is some practical difficulty (for example, existing ledge or wetlands, the existence of easements, or steep slopes) which does not allow the rebuilt structure to be built in a location that meets the setback requirements, then the Zoning Board may approve, through the issuance of a special exception, an alternative site.
(6)
Additions, including additions to a nonconforming structure being reconstructed pursuant to § 305-18C(4), may be added to a nonconforming structure under the following circumstances (See Appendix 2[1] for examples):
[Amended 3-7-2011 by Ord.
No. 07-11]
(a)
The addition(s) may be constructed by right through the issuance
of a building permit if one or more of the following conditions are
met:
[1]
The proposed addition meets the zoning district's setback requirement(s).
[2]
The additional height and/or subsequent increase in volume is
a result of the compliance with applicable building codes for design
issues, including but not limited to ceiling height, the dimensional
requirements for the lumber, or the height of the sill above exterior
grade.
[3]
Dormers may be added to an existing second floor living area
as long as the height does not exceed the height of the existing roofline
and the depth does not extend beyond the preexisting line of encroachment.
[4]
The addition is single story (first floor), 200 square feet
or less in size and is not located closer to the lot line than the
preexisting line of encroachment.
(b)
If the proposed addition does not satisfy the restriction of Subsection C(6)(a) above, the addition may be allowed through the issuance of a special exception if the following conditions (as applicable) are met and the general special exception criteria are satisfied:
[1]
The proposed single story, first floor addition is 480 square
feet or less in size and is not located closer to the lot line than
the preexisting line of encroachment.
[2]
The proposed second story addition is not located closer to
the lot line than the preexisting line of encroachment, and must be
no less than 75% of the required setback.
(c)
The provisions of Subsection C(6)(a) and (b) above notwithstanding, the Planning and Zoning Administrator may issue an administrative decision that a building permit would be issued for certain modifications/additions to a nonconforming structure if it is determined that the modification constitutes a natural expansion of the structure. In making this determination, the following tests must be satisfied:
[1]
The proposed modification reflects the nature and purpose of
the existing use and structure.
[2]
The proposed modification reflects a different manner of utilizing
the same use/structure and does not constitute a use/structure different
in character, nature and kind.
[3]
The proposed modification does not create any new nonconformity
or otherwise violate any other provisions of this chapter.
[4]
The proposed modification does not have a substantially different
effect or impact on the abutting property or the neighborhood.
(d)
The purpose of this section is to insure that modifications that meet the tests above can be accomplished without undue regulatory hurdles for the property owner. Any administrative decision issued under this section shall be provided to the abutters at least 30 days prior to the issuance of the building permit, and such a decision is subject to appeal per the provisions of § 305-37 of this chapter, and the Zoning Board of Adjustment may either approve the decision or determine that a special exception or a variance, as applicable, is required.
[1]
Editor's Note: Said Appendix 2 is included as an attachment to this chapter.
[Amended 9-14-1998 by Ord. No. 98-4; 4-3-2017 by Ord. No. 03-17]
Off-street parking spaces shall be provided
in accordance with the specifications in this section in any district
whenever any new use is established or existing use is enlarged. Where
municipal parking is available within 400 feet of a structure or use,
the specific parking requirements may be determined on a case-by-case
basis by the Zoning Board of Adjustment. Where one structure or lot
has combined uses, the requirements for parking shall be met separately
for each use.
|
Use
|
Required Number of Spaces
|
|---|---|
|
Residential (one-, two-, multi-family, and ADU dwelling)
|
2 per dwelling unit. Parking spaces in an established driveway
may be within front, side or rear yard setback areas. The stacking
of vehicles for an individual unit is permitted; but for residential
structures with more than one unit, the vehicular parking for any
one unit shall not block the ingress or egress of any vehicles of
another unit.
|
|
Church or school
|
1 per 6 seats in principal assembly room
|
|
Private club or lodge
|
1 per 6 seats in principal assembly room
|
|
Theater
|
1 per 6 seats
|
|
Hospital and nursing home
|
1 per 3 beds and 1 for each 2 employees on the
maximum working shift
|
|
Professional office, business service, wholesale
warehouse and medical clinic
|
1 for every 250 square feet of floor space
|
|
Retail business and personal service establishment
|
1 for every 200 square feet of total gross building
area
|
|
Bowling alley
|
3 for each alley
|
|
Funeral home
|
1 for each 6 seats
|
|
Recreational assembly place, e.g., dance hall
and nightclub
|
1 per 4 seats
|
|
Restaurant
|
1 per 4 seats, plus 1 for every 2 employees
|
|
Industrial
|
2 for each 3 employees on the maximum working
shift
|
|
Motel, hotel, rooming and lodging house and
bed-and- breakfast establishment
|
1 for each sleeping room, plus 1 per each 2
employees
|
All required off-street parking and loading
areas shall be located either within structures or subject to the
following specifications:
A.
They shall be effectively screened on each side which
faces or adjoins the front, side or rear property line of any residential
lot.
B.
All parking and loading areas and access driveways
thereto shall be paved with a dust-free surface, which is defined
as an asphalt, concrete or comparable Municipal Services Department
recommended surface, and have an on-lot stormwater disposal system
which is reviewed and recommended to the Planning Board by the Municipal
Services Department. When and where appropriate, curbing shall be
granite and be subject to review and recommendation by the Municipal
Services Department and approved by the Planning Board.
C.
A guard rail, fence or appropriate other means shall
be used so that vehicles do not overhang the adjoining property.
D.
Illumination fixtures, if any, shall be so arranged
as to direct the light away from streets and away from adjoining premises.
E.
There shall not be any storage of material or equipment
in the parking area except temporarily as part of approved building
construction operations.
F.
Parking shall not be located within the required front
or side yard setbacks in any residential district (with the exception
of parking in driveways for one-, two- and three-family dwellings,
which may be within the setbacks). In other districts, parking in
the front yard area shall not be closer than 10 feet from any street
right-of-way lines.
G.
Driveways shall be at least 30 feet from the point
of intersection of the curblines of intersecting streets.
H.
Minimum parking design standards. The following table
does not apply to parking areas for one-, two- and three-family residences
where parking can be accommodated within the driveway.
|
Minimum Parking Design Standards
| ||||
|---|---|---|---|---|
|
Angle To Drive
|
Minimum Stall Width
(feet)
|
Minimum Stall Length
(feet)
|
Minimum Aisle Width
(feet)
| |
|
0°
|
8
|
22
|
15
| |
|
45°
|
9
|
18
|
15
| |
|
60°
|
9
|
18
|
18
| |
|
90°
|
9
|
18
|
24
| |
[Amended 9-14-1998 by Ord. No. 98-4; 6-5-2006 by Ord. No.
10-06]
A.
Operation of a manufactured housing park.
(1)
Permit required. The owner/operator of a manufactured
housing park shall obtain annually a permit from the City, through
the Planning and Zoning Administrator, to maintain and operate said
housing park. The application for the permit shall be filed on or
before April 1 of each year with the Planning and Zoning Office. Said
application shall contain a listing of all manufactured houses contained
within the park and the address of each unit, along with a plan showing
the location of the units. An annual permit fee of $5 per living unit
shall accompany the application.
[Amended 12-7-2009 by Ord. No. 06-10]
(2)
Within 60 days from the receipt of the application,
the Planning and Zoning Administrator shall, and is authorized to,
inspect the housing park for the purpose of determining whether or
not the park is being operated in conformance with all applicable
City codes and regulations, including, but not limited to, property
maintenance. The Administrator may be accompanied by any other City
Inspector or Code Enforcement Officer. If violations of any City code
or regulation are found, then the owner/operator shall be given written
notice of the violation. The code or regulation violation shall be
remedied within 30 days or other time frame as directed by the Administrator
or the Inspector.
B.
Manufactured housing subdivisions.
(1)
No manufactured housing subdivision shall be constructed
without first obtaining a permit from the Planning Board. An application
for said subdivision shall be filed with the Board in conformance
with all requirements and provisions of the Franklin Zoning Ordinance
and the Subdivision Regulations.
C.
Manufactured housing parks. No manufactured housing
park shall be constructed without first obtaining a permit from the
Planning Board. An application for said subdivision shall be filed
with the Board in conformance with all requirements and provisions
of the Franklin Zoning Ordinance, the Franklin Site Plan Regulations
and the Franklin Subdivision Regulations. The above regulations notwithstanding,
manufactured housing parks shall meet the following design standards:
(1)
They shall be located on a site with a minimum of
10 acres.
(2)
The number of lots created within the park shall not exceed the number of lots allowed under the provisions of § 305-14.
(3)
A buffer strip of 75 feet along public roads and of
50 feet along rear and side property lines shall be created. A landscape
plan for the entire park shall be submitted, including landscape treatment
proposed for buffer strips.
(4)
Each manufactured housing lot shall have a minimum
area of 10,000 square feet and shall have a minimum frontage of 75
feet on a park road.
(6)
At
least 7% of the gross land area in a manufactured housing park shall
be reserved as a common area for recreation and other open space purposes.
Each park shall provide at least one common area restricted to the
use and enjoyment of the residents of the park. No single common area
shall contain less than 15,000 square feet. Where more than one area
is provided, the areas shall be spaced and located in the park in
such a manner that will provide maximum usefulness for park residents.
The land included within common areas shall be of such character that
it is capable of supporting recreational use and shall not include
land with poor drainage or excessive slope or land that is subject
to flooding.
(7)
Every
manufactured housing park shall have access to a public street by
means of a private roadway. The private roadway(s) within the park
shall be constructed in accordance with the following minimum standards. (If
the Planning Board determines that the standards above will not provide
for adequate public safety and convenience due to issues with line
of sight, slopes, etc., then the Board reserves the right to require
different standards.)
[Amended 12-7-2009 by Ord. No. 06-10]
(8)
Two off-street parking spaces shall be provided for
each manufactured housing lot. Each parking space shall be paved and
graded to provide drainage away from the manufactured housing unit
in conformance with an overall drainage plan. Each off-street parking
space shall have a minimum width of nine feet and a minimum length
of 18 feet. The Board may reduce the number of parking spaces upon
the submission of a waiver request by the applicant.
(9)
All utilities in manufactured housing parks shall
be placed underground.
(10)
Manufactured housing in parks shall have an
enclosure around the full perimeter of the structure (skirting).
(11)
An accessible, adequate, safe and potable supply
of water shall be provided in each manufactured housing park. When
City water is not available, the development of any independent water
supply to serve a manufactured housing park is the responsibility
of the developer and shall comply with the current regulations of
the New Hampshire Department of Environmental Services, Water Supply
and Pollution Control Division. The City reserves the right to require
the owner to provide an approved fire protection water supply.
[Amended 12-7-2009 by Ord. No. 06-10]
(12)
All plumbing, heating, sewage, water supply
and electrical systems shall comply with the applicable City and state
codes and regulations. All water and sewer systems must be approved
by the City prior to the installation of any pipes, lines or associated
equipment.
(13)
The storage, collection and disposal of refuse
in a manufactured housing park shall not create a health hazard, rodent
harborage, insect breeding areas, accident hazards or air pollution.
All refuse and garbage shall be stored in flytight, watertight, rodent-proof
containers which shall be provided in sufficient number and capacity
to prevent any refuse from overflowing. If container racks or holders
are provided by the manufactured housing park owner or operator, they
shall be located not more than 150 feet away from any manufactured
housing space. All dumpsters shall be screened or fenced.
D.
Manufactured housing on individual lots.
(1)
Any owner of a manufactured housing unit installed
on land in the City of Franklin as of the date of original enactment
of this chapter (1971) desiring to replace his or her present home
on the same site by the installation of replacement manufactured housing
shall be permitted to do so upon receipt of a building permit from
the Planning and Zoning Administrator.[1]
[1]
Editor's Note: Former Subsection D(2), which immediately followed
and set forth foundation requirements, was repealed 12-7-2009 by Ord.
No. 06-10.
E.
Minimum quality standards.
[Amended 12-7-2009 by Ord. No. 06-10]
(1)
The
installation of any manufactured housing unit, whether in a park,
subdivision, or on an individual lot, shall conform to all requirements
outlined in RSA Chapter 205-D, Manufactured Home Installation Standard,
as amended. Further, the unit shall have an enclosure around the full
perimeter of the structure.
(2)
All manufactured housing units installed on undeveloped or unoccupied lots after passage of this chapter must meet the most recent specifications and standards established by the United States Department of Housing and Urban Development. An existing unit which fails to meet the applicable HUD standards may be replaced with a newer unit which also fails to meet these standards upon submission of a request to, and approval by, the Planning and Zoning Administrator, in consultation with the Code Enforcement Officer. Approval may be granted upon a determination that the replacement unit is a substantial improvement (care and condition, upkeep, life safety, energy efficiency, and related factors) over the older unit. The request shall include photo documentation of the existing and replacement units, and the Administrator may require an inspection of the units if deemed necessary. While no formal age difference between the two units is being defined, a difference of at least 15 years will be taken into consideration. If the Administrator denies the request then an appeal may be taken to the Zoning Board of Adjustment under the procedures outlined in § 305-35 of this chapter.
[Added 8-6-2007 by Ord. No. 02-08]
A.
Authority. These provisions are adopted pursuant to
the applicable sections of RSA 672 through 677, and specifically RSA
674:21, Innovative Land Use Controls.
B.
Preamble. The downtown mill district area has been
an important part of the fabric of the Franklin community for almost
100 years. As industry blossomed and grew so did the vitality of the
downtown. Small businesses flourished and social, civic, and governmental
interaction was an everyday occurrence. But as the mills closed or
relocated elsewhere and the workers were displaced, the vitality of
the overall downtown area suffered. The overall goal of these zoning
and land use regulations is to create land use regulations and opportunities
that will be the foundation of an effort to restore that vibrancy
to the downtown.
C.
Purpose. The purposes of these provisions are intended
to:
(1)
Recognize that the jurisdictional area of this district
is important to the overall economic vitality of the City of Franklin
and the region as a whole.
(2)
Recognize that the jurisdictional area is important
to the overall historic nature and fabric of the City.
(3)
Provide a framework for the creation of business,
commercial, and residential opportunities and uses within the district,
and encourage high quality and sustainable economic development.
(4)
Create guidelines that will provide for diversity
of housing options relative to the size of the proposed dwelling units
to insure that different housing needs are met.
(5)
Promote the reuse of the historic mill buildings insuring
that a diversity of uses is allowed.
(6)
Encourage multi-use buildings that contain residential,
commercial, retail, and business uses.
(7)
Recognize that market forces impact how and when development
occurs and the types of developments that are planned as a result
of a changing economy, but at the same time recognize that the long-term
interests of the City and its residents for productive growth that
helps to stimulate the local and regional economy are an utmost concern.
(8)
Insure that the proposed uses are compatible and will
not create concerns or issues with public health, safety, or welfare.
(9)
Insure that the issues and concerns of vehicular access
and egress, traffic management, and parking are adequately and appropriately
addressed.
(10)
Refocus attention on the significant natural
resource of the Winnipesaukee River and encourage efforts that open
up access to and enjoyment of the river.
(11)
Encourage efforts to redevelop the existing
mill buildings and other buildings within the district so as to promote
energy efficiency, the use of sustainable resources, and intelligent
use of the land and associated natural resources.
(12)
Encourage and promote cooperation between the
City government, property and business owners, and developers on development
options and opportunities, especially in the area of parking and the
use of municipal properties.
(13)
Create a regulatory framework that both complements
and carries out the goals of the Franklin Master Plan, the overall
provisions of the Zoning Chapter, and other applicable City Codes.
D.
Creation of District; jurisdictional area. To create
a mechanism to foster and implement the purposes above, the Downtown
Revitalization District (hereinafter DRD) is created. The jurisdictional
area of the district is as shown on the associated Boundary Map, which
is incorporated as part of this Zoning chapter. The DRD does include
all of the City's Odell Park. The area shown is a portion of the Franklin
Falls Historic District.
E.
Applicability and relationship to other zoning provisions.
These provisions create an overlay district for the jurisdictional
area and are intended to supplement, restrict, or supersede the provisions
of the underlying zone. In the sections below, the specific language
of any individual section will serve to provide notice as to the exact
nature of the relationship between the overlay district and the underlying
zoning.
F.
Permitted uses; nonpermitted uses; site plan review;
change of use.
(1)
The permitted use table below, which supersedes the permitted use table contained in the Zoning Chapter (§ 305-13), outlines the allowed uses within this District. Any use designated with a "P" is a permitted use. If the use is designated as requiring a special use permit (SUP), the general and/or specific performance standards outlined in these provisions shall apply, as applicable. Any use not listed is not permitted, with the exception that uses determined by the Planning and Zoning Administrator to be similar to and consistent with a permitted or SUP use are permitted through the appropriate permitting mechanism. One criterion to be employed by the Administrator in making such a determination is whether or not the chapter at § 305-13 clearly makes a specific proposed use for the district a nonpermitted use for the underlying zone. Any appeal of said determination may be filed with the Zoning Board of Adjustment consistent with applicable RSAs and the Zoning Chapter.
(2)
Site plan review will be required for any use that meets the thresholds of Chapter 402, Site Plan Review. If a SUP is required for any proposed use, then the hearing for the site plan and the SUP may be held concurrently.
(3)
When a change of use permit, as outlined in § 305-31A(4) of the Zoning Chapter, is required, then the permit application shall demonstrate the proposed use will comply with all applicable provisions of the Zoning Chapter, including those of the Downtown Revitalization District.
(4)
Individual areas within the larger mill buildings
may be used as the location of accessory storage and warehouse space
for the established businesses within the district.
|
Permitted Use Table
[Amended 12-14-2015 by Ord. No. 07-16] | |||
|---|---|---|---|
|
Single- and two-family units [See Subsection I(1).]
|
P
|
Day-care center
|
SUP
|
|
Multi-
family
units
|
SUP
|
Light industry and research and develop-
ment
|
SUP
|
|
Bed-and-
breakfast
establish-
ments; inns;
hotels
|
SUP
|
Home occupa-
tions (See
Subsection
J.)
|
P/SUP
|
|
Commer-
cial school
|
SUP
|
Individual retail use greater than 5,000 square
feet in size
|
SUP
|
|
Retail business
|
P
|
Nursing home; indepen-
dent or assisted living facility
|
SUP
|
|
Personal and profess-
ional service
|
P
|
Private school
|
SUP
|
|
Personal conven-
ience
service
|
P
|
Night club
|
SUP
|
|
Restaur-
ants and
eating/
drinking
establish-
ments
|
P
|
Recreation and amuse-
ment facilities
|
SUP
|
G.
Performance standards for residential and nonresidential special use permits. As noted on the Permitted Use Table in Subsection F above, certain uses require a special use permit [SUP]. The performance standards by which the Planning Board will review and judge a SUP application are outlined below. The granting of a SUP is a discretionary action on the part of the Board, and while guided by the these performance standards, the decision to approve or deny such a permit will be dependent upon specific site and building conditions analyzed in relationship to the specific design, development, and operational management of the proposed use and the potential for impacts of the proposed use on the overall character of the district. The following standards shall apply, as determined by the Board to be applicable, to all SUP reviews:
(1)
The specific character of the proposed use is appropriate
for the mixed-use, downtown and pedestrian-oriented environment.
(2)
The specific use and its size, location and design
will not distract from, or have a negative impact on, the remainder
of the DRD.
(3)
The specific use will support, promote, and conform
to the purposes of the overall chapter.
(4)
The specific and unique needs of the proposed use
will function safely and in an environmentally sound fashion.
(5)
The traffic (both customers and truck/delivery vehicles)
generated by the proposed use will not create adverse impacts for
the specific building and the overall neighborhood.
(6)
The proposed use will not utilize any gases, liquids,
solids or any other materials used in any phase of the processing,
production, or packaging phase, or generate any material that is classified
by the State of New Hampshire or the federal EPA as a hazardous material
or waste.
(7)
If the proposed use will operationally involve any
second shifts, or will be open past 9:00 p.m., then the parking requirements
for said use will not be allowed to utilize any shared or overlapping
parking with any residential uses in the subject building.
(8)
The special use permit plans for any type of day-care,
nursing, sheltered care, or related assisted living facility shall
demonstrate that safe and secure outside facilities (play areas, decks
or patios, gazebos, grassed sitting areas, etc.) are available and
accessible to the clients or residents, as applicable, of the facility.
H.
Building codes; general permitting criteria; building
setbacks.
(1)
The work associated with the construction of any new building or the alteration to any existing building, including but not limited to the creation of new residential dwelling units, must conform to all applicable building and fire prevention codes and regulations of the City. The City reserves the right to utilize the provisions of the International Existing Building Code, or the provisions of the International Building Code, 2000 version (as revised) relative to historic buildings (Chapter 34 of the 2000 IBC), for alterations to any existing building, provided that the proposed work does not compromise, in the opinion of the Fire Chief and the Code Enforcement Officer, the life safety requirements for fire prevention, access and egress, and associated concerns. Other similar building codes may be utilized at the discretion of the Fire Chief and the Code Enforcement Officer.
(2)
All construction and alteration work, including the
installation of any new or modified heating systems, fire suppression
systems, changes to the interior layout of any specific space, and
related activity, must be performed under the issuance of a building
permit.
(3)
As outlined in the Franklin Heritage Commission Regulations,
certain work, including, but not limited to, all new construction,
the exterior alteration of existing buildings, the removal of any
buildings or portions thereof, or the placement of new or altered
signage, will trigger a permitting process by the Franklin Heritage
Commission. Any property owner or prospective applicant is to consult
the regulations and policies of the Heritage Commission to insure
that the proposed work will be designed in conformance with all applicable
requirements.
(4)
The costs of any outside review of any phase (legal,
engineering, surveying, traffic, etc.) of a development proposal shall
be borne by the owner/developer. The Franklin City Council may elect,
through the appropriation of City funds, to participate in the cost
sharing of certain studies, reviews, investigations, etc. (for example
a traffic study).
(5)
The provisions of § 305-14, Lot and yard requirements, of the Zoning Chapter notwithstanding, the front, side, and rear yard setbacks for any new building will be determined as part of the site plan review process. In most cases, but dependent upon site conditions and the proposed use, the placement of a building that fronts directly on Central Street will utilize a setback consistent with the abutting properties or the general setback for the affected block. Any building existing at the time of adoption of this section and demolished, removed due to general deterioration, or damaged by fire or other calamity may be rebuilt on the same footprint.
(6)
For any commercial, residential, or mixed-use building,
all dumpsters and similar trash receptacles shall be screened by solid
wood fencing, or other acceptable alternative, and all trash shall
be disposed of by a private, nonmunicipal provider, unless so directed
or allowed by the City, through the City Council or the Municipal
Services Director through a policy or other similar written approval.
I.
Residential use: density, permitting, and performance
standards.
(1)
No stand alone single- or two-family dwelling units
are allowed. Single- and two-family residential units are allowed
as part of a multi-use building.
(2)
No residential living areas shall be allowed on the
first or ground floor area of any building with frontage on Central
Street or Church Street, Memorial Street south of Canal Street, or
Franklin Street north of Ayles Court.
(3)
For the buildings located on Tax Map 117, Lots 142,
143, 153, and 365 (as designated by the Assessor's Office at the time
of adoption or as modified by any subdivision, lot merger, or other
similar action) no less than 30,000 total square feet of floor space
between all of the lots referenced above shall be dedicated to commercial,
business or retail use.
[Amended 8-3-2020 by Ord. No. 03-21]
(4)
In order to create and allow for a variety of housing
types and options, the following provisions shall apply:
(a)
For any proposal to create more than 10 multifamily
dwelling units in a new or existing building, no more than 33% of
the units shall be less than 720 square feet in size, and no more
than 5% of the units shall be three bedrooms or larger in size;
(b)
For any proposal to create between three and
10 multifamily dwelling units in a new or existing building, no more
than two of the units shall be less than 720 square feet in size,
and no more than one unit shall be three bedrooms or greater.
(5)
The provisions of Subsection I(4) above notwithstanding, the Planning Board may authorize a multi-unit project with units less than 720 square feet, providing that the project satisfies the parking requirements and the requirement in Subsection I(6)(d) below for the creation of appropriate common community space.
[Added 8-3-2020 by Ord. No. 03-21[2]]
(6)
The creation of any new residential units in a new or existing building shall trigger the need to comply with the performance standards below, in addition to the SUP performance standards as outlined in Subsection G.
(b)
No outside storage of any goods or materials
is allowed, except items such as chairs and tables may be located
on decks, balconies, patios, or other similar sitting areas. An area
for outdoor barbecuing may be approved through the site plan or SUP.
No individual grills of any type are allowed on the decks or balconies
of any individual unit
(c)
All new construction must meet or exceed the
minimum state requirements for energy efficiency.
(d)
For any project which will create residential
units in the buildings located on Tax Map 117, Lots 142, 143, 153,
and 365 (as designated by the Assessor's Office at the time of adoption
or as modified by any subdivision, lot merger, or other similar action),
the site plan or SUP permit plan shall include for the provision of
common community space that can be utilized by the residents of the
subject building; for example the creation of an indoor or outdoor
sitting or lounge area, a picnic area, or patio area with tables or
benches. Such area shall, to the greatest extent possible, front on
or overlook the abutting river.
J.
Home occupations. In order to provide for increased economic and lifestyle flexibility for the persons residing in this district, the integration of residential and business uses in the dwelling units is permitted as outlined and conditioned below. This type of unit-oriented mixed-use is sometimes called "live-work." These specific provisions supersede § 305-25, Home occupations, of the Zoning Chapter.
(1)
Occupations such as accountants, mental health providers,
attorneys, business or computer consultants, tax preparers, appraisers,
architects, engineers, secretarial service providers, and seamstresses
are allowed with a permit from the Planning and Zoning Administrator.
(2)
For any proposed business not listed above, the Administrator
shall determine whether or not the proposed use is similar to and
consistent with the types of businesses listed. Any appeal of the
determination of the Administrator shall be to the Zoning Board of
Adjustment.
(3)
All of the occupations listed above will generally
be owner-run businesses with no employees. If one employee is proposed,
this should be detailed in the application to the Administrator, and
consideration will be given by the Administrator to the adequacy of
the space and the provisions for safe and healthy working conditions,
and the potential for nuisances such as machine noise, excessive foot
traffic, and other similar impacts.
(4)
Other than standard home-office copy machines and
printers, no office equipment using any chemicals, solutions, liquids
or other materials that cause odors or noise above the level of acceptable
office conditions is permitted.
(5)
Occupations such as painters, artists, potters, and music teachers may be permitted through the issuance of a special use permit from the Planning Board. In reviewing the application, the Board will utilize the special exception criteria listed in § 305-4 of the Zoning Chapter, the performance standards outlined in Subsection G above, and the following performance standards:
(a)
The applicant shall demonstrate that the proposed
activity will be conducted in such a fashion so as to insure that
noise, fumes, odors, or dust do not impact any other residential unit
in the subject building.
(b)
The individual unit is located within the subject
building so that the delivery of materials will not adversely impact
the other residents.
(c)
If the proposed use will utilize any cutting,
grinding, welding, chiseling or similar actions then the individual
dwelling unit must be located within the building so that direct access
to the ground floor is available and all materials can be delivered
to or removed from the unit through this access point.
(d)
The Board reserves the right to condition (hours
of operation, location within the building or the individual unit,
screening or separation from living areas, ventilation, sound-proofing,
etc.) any proposed use to insure that it is carried out in such a
manner to protect the health, safety, and welfare of the applicant
and the other residents in the building and the surrounding area.
(e)
If the Board finds that the proposed use cannot
be conducted so as to protect the interests outlined above, or the
location is not appropriate for the proposed use, then it may deny
the application.
(6)
The provisions of Subsection J(5) above notwithstanding, the Planning Board may issue a blanket special use permit for the home occupations listed in Subsection J(5), and any other similar occupations as determined by the Board, provided that the developer/owner presents to the Board documents that demonstrate the establishment of a condominium or other building association that provided for a mechanism for monitoring and enforcing conditions to prevent the creation of nuisance condition for residents in the subject building.
(7)
None of the provisions in this section shall restrict
or prohibit any occupant from utilizing separate units for residential
and nonresidential purposes and having these units connected in an
approved manner (first floor for business use and the second floor
immediately above for residential use). For this type of scenario,
additional employees beyond what is discussed above are allowed.
K.
Density bonus for LEED (green buildings) or historic
restoration and/or renovations. Through the special use permit process,
the Planning Board may award bonuses, up to 20%, to permit an increase
in the number of allowed residential units in a specific building
if the building as a whole is renovated or constructed in accordance
with accepted and recognized LEED (Leadership in Energy and Environmental
Design) criteria, or with accepted and recognized historic restoration
criteria. The following performance standards, as applicable, shall
be satisfied.
(1)
The design and planning work for the project shall
be carried out by a LEED accredited professional.
(2)
A project for new construction shall be designed and
constructed to be eligible for at least 45 LEED-NC (new construction)
points. A project for the renovation of an existing building shall
be designed and constructed to be eligible for at least 55 LEED-EB
(existing building) points.
(3)
The design and planning work for the historic restoration
shall be carried out by a professional deemed suitable and qualified
by the Planning Board or the Heritage Commission, as applicable. To
determine the qualifications, the applicant shall present a statement
of qualification for the professional along with a listing (and sample
photographs if available) of all restoration projects which the person
or firm has worked on in the last three years.
(4)
The interior and/or exterior restoration work shall
be designed to protect the historical integrity of the subject building.
The Planning Board shall consult with the Heritage Commission on the
determination of the suitability of the restoration consultant and
the overall design and the extent of the restoration efforts.
(5)
The number and size of the allowed units used to establish
the starting point for a density bonus shall be determined through
the SUP permitting process.
L.
Parking.
(1)
For any building with residential dwelling units,
a minimum of 1 1/3 parking spaces per unit is required. The residential
parking shall be provided on the privately held land of the owner/developer
or on leased land. The provisions of any such lease shall be reviewed,
and if appropriate, approved by the Planning Administrator or the
Planning Board during the course of a site plan review, special use
permit process, or the issuance of a building permit. These types
of parking spaces shall not be more than 300 feet from the subject
property, but this distance may be waived or modified by the permitting
person or Board based on a determination that the leased parking spaces
are easily and safely accessible by the residents of the subject units.
(2)
The requirement for 1 1/3 spaces per unit notwithstanding,
the Planning Board through the special use permit may authorize a
project to be phased in such a manner so that the first phase utilizes
one space per unit with a condition of the permit being that a review
and analysis of the parking be conducted before permits are granted
for subsequent phases to insure that one space is determined by the
Board to be sufficient. Alternately, the Board may issue a special
use permit for an entire building or development allowing one space
per unit with a condition that a review be conducted in a specified
time frame and if the number of spaces is found to be insufficient
then the necessary additional spaces are created or otherwise constructed
in the areas previously shown on the approved plan.
(3)
Through the special use permit process, the owner/applicant
may request a reduction in the minimum number of required spaces.
Such a request shall be accompanied with data on the number and size
of the residential units, historic experience and evidence describing
parking needs for similar mill redevelopment projects, lease language
on limits on the numbers of vehicles per specific units, or other
information or data deemed appropriate by the developer.
[Amended 8-3-2020 by Ord.
No. 03-21]
(4)
Parking requirements for any nonresidential uses shall
conform to one parking space for every 350 square feet of commercial/business
use. Where municipal parking (not including any overnight parking)
is available within 400 feet of the proposed use, then these municipal
spaces may be counted towards the total number of nonresidential spaces
required. The Planning Board reserves the right to deviate from the
parking requirements in the Zoning Chapter based on a review and approval
of a site plan or SUP and taking into account project-specific issues
and circumstances
[Amended 8-3-2020 by Ord.
No. 03-21]
(5)
For multi-use buildings or projects containing both
nonresidential and residential uses, the total number of required
parking spaces for each separate and distinct use shall be provided.
(6)
The preceding subsection notwithstanding, the owner/developer
of a multi-use building containing both residential and nonresidential
uses may utilize up to 1/3 of the parking spaces required for the
residential component towards the required number of nonresidential
spaces.
(7)
For certain uses, such as a nursing home, the number
of required parking spaces may take into account the age or other
characteristics of the residents, and the Board may approve a decrease
in the number of overall required spaces.
(8)
No building permit, occupancy permit, or change of
use permit will be issued until such time as conformance with the
parking requirements is documented through the submission of a parking
plan showing the location of all proposed spaces.
(9)
No unregistered vehicles shall be kept at any time
in the parking spaces created for, and allocated to, the residential
or nonresidential uses within the district. And no trailers or trailer-type
devices shall be kept in any parking space or hitched onto any passenger
car, truck, or other vehicle located in any such parking spaces. No
off-road vehicles (including but not limited to snowmobiles or four-wheelers,
and associated trailers), RVs, campers, and similar vehicles are to
be stored or kept in any parking areas.
(10)
Enclosed or covered parking areas may be approved
by the Planning Board through the site plan review or SUP process.
Existing buildings may be used for enclosed parking areas when allowed
by the Planning Board through the site plan or SUP review process
as long as the owner/developer is able to demonstrate through an engineered
site plan that the design and layout of the proposed enclosed parking
area is satisfactory to accommodate safe and controlled traffic flow
and conforms to all building and fire codes relative to issues including,
but not limited to, public health and safety, access and egress, ventilation
and air quality, and fire suppression and separation.
(11)
In lieu of separate parking plans for individual
buildings, two or more landowners/developers may propose to the Planning
Board, through a joint site plan or SUP application, a master parking
plan for their land within the district. The City of Franklin may
be a partner in such an application, and the role of the City may
include, but is not limited to, the leasing or other permitting of
City property to satisfy the parking requirements for specific buildings,
or the creation of additional overnight parking spaces on City-owned
land.
(12)
All site or special use permit plans shall demonstrate
that appropriate areas for snow removal and storage are available.
M.
Signage.
(1)
Per the Franklin Heritage Commission's Regulations,
no neon, electronic or internally illuminated signage is allowed in
the district.
(2)
All other requirements, including, but not limited to, size, number of signs, locations, and height, of § 305-24, Signage, of the Franklin Zoning Ordinance shall apply. The Planning Board reserves the right to deviate from the requirements in the Zoning Chapter for signage based on a review of the proposed project through the site plan or SUP process. The purpose of such a deviation would be to create signage that better reflects the historical nature of the area, reduce clutter created by too many signs or too large signs, or to create different types of signage (a directory type of sign for example) that is more appropriate for the proposed use of a building or joint project.
(3)
The City may participate in the placement on City
property of directional or directory sign(s) for the purposes of identifying
businesses, commercial or residential uses located in buildings not
easily visible from Central Street; for example, a directory sign
located on the intersection of Central Street and Smith Road. The
City reserves the right to condition the size, color, and design of
the proposed signage.
N.
Pedestrian performance standards.
(1)
All parking areas shall be designed so that pedestrians
can easily and safely access the subject commercial or residential
building.
(2)
All new or reconstructed sidewalks shall be designed
to be barrier-free and built to comply with all state and federal
ADA standards.
(3)
Pedestrianways between parking areas and the entrances
to the subject building shall be delineated with pavement markings,
pavers or brick, or other similar treatments to enhance pedestrian
safety and comfort.
O.
Lighting performance standards.
(1)
Parking areas for both commercial and residential
buildings shall be designed with lighting that provides for a safe
pedestrian environment.
(2)
All lighting shall be designed with cut-off fixtures
that do not allow any light dispersion or direct glare to shine above
a ninety-degree or horizontal plane from the base of the fixture.
(3)
The City encourages the use of energy efficient lamps
for all outdoor applications.
(4)
The design standards for lighting shall be per the
site plan regulations or as directed by the Board through the site
plan or SUP permitting process.
P.
Landscaping.
(1)
The site plan or SUP application shall include details
on proposed landscaping. The purpose of and reason for providing landscaping
for this district is to enhance the aesthetics of the area, which
helps to promote and support enhanced residential and commercial activity.
(2)
The type and extent of landscaping will vary from
building to building depending on the setbacks, the relationship between
existing paved areas and available space for nonparking uses, and
the location of the property in the district. The types of available
landscaping options includes, but are not limited to, planting areas
adjacent to the building, parking or sidewalk areas, window boxes,
or seasonal planting boxes.
Q.
Premature and scattered development; off-site improvements.
(1)
Pursuant to the purpose statement contained at Subsection C(8) and (9) above, and the site plan regulations, the Board reserves the right to classify a proposed development as scattered and premature if it makes a determination that approval would create or involve danger or injury to the public's health, safety, or prosperity by reasons of the lack of: (a) Water supply, sewer capacity or means to deliver said utilities; (b) Adequate drainage; (c) Transportation and roadway access; (d) Fire protection; (e) Other similar public services; or (f) If the project would necessitate the excessive expenditures of public funds for the supply of such services.
(2)
The project proponent has the ability to resolve and
overcome a determination of premature and scattered development by
the construction of certain off-site improvements intended to alleviate
the issue or shortcoming that creates the danger or injury. The construction
of said improvements shall be pursuant to the applicable sections
of the site plan regulations, or through the issuance and approval
of an SUP.
[1]
Editor's Note: Former § 305-22,
Campgrounds and travel trailer parks, was repealed 4-3-2006 by Ord.
No. 07-06.
[Added 9-12-2011 by Ord. No. 06-12]
A.
Purpose. The purpose of this section is to protect the health, safety
and public welfare of City residents by regulating bed-and-breakfast
establishments to insure compatibility with the surrounding neighborhoods
in the residentially zoned districts.
B.
Requirements. An application for a special use permit, per § 305-6 of this chapter, must be obtained for a proposed bed-and-breakfast (B&B). In addition to the performance standards found in § 305-6, the application must conform to the following conditions and criteria:
(1)
The proposed B&B must be located in an owner-occupied single-family
residential dwelling. No detached barns, garages, or any other similar
accessory structure may be used for the establishment of B&B rooms.
(2)
Notwithstanding the provisions of § 305-24, Signs, only one non-internal-illuminated sign, no larger than two square feet in size and to be approved at the time of the issuance of the special use permit, is permitted. The sign may have lighting consistent lamp post style residential use.
(3)
No more than 50% of the entire habitable living space in the dwelling
shall be allocated for B&B establishment purposes.
(4)
The owner of the property shall be responsible for the operation
of the property and shall be a resident of the property when the B&B
establishment is in operation.
(5)
There shall be at least one bathroom solely dedicated to the guests
of the B&B; individual sleeping rooms may have private bathrooms.
(6)
For any proposed B&B, the NHDES and the City must have an approved
septic plan on file. Prior to the issuance of a special use permit
(SUP) for the B&B, the adequacy of the septic system must be verified
through an assessment of the plan and an on-site inspection, conducted
by a licensed septic designer. This assessment must be submitted at
the time of the SUP application. If the existing septic does not meet
the DES requirements, then it must be replaced or expanded prior to
a certificate of use and occupancy being issued.
(7)
The B&B shall not cater to special or ancillary functions, or
any other hospitality or business.
(8)
An area of dining capable of accommodating the number of registered
guests and housed in the primary residence of the owner shall be provided.
Food service shall be limited to paying guests, and only breakfasts
shall be served.
(10)
Two parking spaces for the single-family residential home and
one parking space for each room being utilized for the B&B must
be available on site.
(11)
A building permit must be acquired for all work that will be
completed inside the existing building, and a certificate of use permit
must be issued prior to the B&B conducting business. The dwelling
housing the B&B must be compliant with all state fire, life safety,
and health codes.
(12)
All applicable state, federal and local permits must be obtained.
(13)
For any property within the Lake Protection Zoning District
the Board reserves the right to consider water quality issues such
as setback to the shoreland, lot size, soil conditions, and other
similar land use characteristics when weighing the merits of a SUP
application.
[1]
Editor's Note: Former § 305-23, Temporary structures;
residing in basement, was repealed 4-3-2006 by Ord. No. 07-06.
[Amended 11-6-2006 by Ord. No. 06-07]
A.
General requirements.
(1)
No sign, as defined in § 305-3B of this chapter, shall be erected, altered, or relocated on any property in any district, except as permitted by and in conformance with this section.
(2)
All sign permit applications shall be filed with the
Planning and Zoning Office, on forms available through the office
or otherwise available, and all required fees shall be in conformance
with the fee schedule approved by the Franklin City Council.
(3)
All signs and their supporting structures, whether
or not erected prior to the effective date of this section, shall
be maintained in safe and good condition. If the Code Enforcement
Officer, the Planning and Zoning Administrator, or other appropriate
City employee determines that a sign presents a hazard to public safety,
then written notice shall be given to the property owner and/or manager
instructing that the sign be repaired or removed.
(4)
All signs, including all electrical components, shall
be installed in accordance with the applicable sections of the International
Building Code, and any other applicable local, state or national codes.
All electrical work shall be performed by a licensed electrician.
(5)
Abandoned signs or signs for businesses no longer
in operation shall be removed by the owner when the use is discontinued
for a minimum of 30 days, or in no case longer than 10 days after
receiving written notice from the Planning and Zoning Administrator
(hereinafter "Administrator") or the City ordering the removal of
the sign.
(6)
No signage shall be placed on any property so as to
limit or restrict sight distance from any driveway entrance point
or from any intersection of any City street. If the Administrator
or any other City public safety official determines that any signage
is in violation of the provision, the property owner or manager shall
remove or relocate said sign upon verbal or written notice.
(7)
Existing signage that has been legally placed on the
property prior to the effective date of this section shall be allowed
to remain in place, and the face of the sign may be replaced. This
provision notwithstanding, if the sign is moved or removed for any
purpose, or if a new supporting structure is installed, then the new
or replacement sign shall conform to the provisions of this section.
(8)
Any freestanding sign shall be at least five feet
away from any property line.
(9)
For any sign requiring a permit, including a freestanding
sign, the Administrator reserves the right to require any additional
information deemed necessary, including, but not limited to, property
surveys, wind load, or structural issues, to demonstrate that the
proposed sign is being installed in a safe and professional manner
and will not create any public safety issues.
(10)
For any sign outlined below that is allowed
to be illuminated, the sign may not be illuminated in any manner which
causes a measurable adverse effect to abutting properties or an undue
distraction, confusion, or hazard to vehicular traffic. The illumination
may be from an internal source or through an outside light fixture
(light bar, spot light, etc.). The illumination shall not spill over
onto any abutting property.
(11)
If any signage is placed so that it violates
any provision of this section, then within 10 days from the receipt
of written notice from the City, the owner or property manager shall
remove the signs.
B.
Signs allowed without permit.
(1)
The following types of signs are allowed and do not
require any permit from the City, but are subject to the restrictions
below.
(a)
Temporary real estate "for sale" signs. In any
residential zoning district or the B-2 Zone, one sign per parcel,
with the size not to exceed five (5) square feet, may be placed on
the lot being sold. In the B-1, I-1, or I-2 Zones, one sign per parcel,
with the size not to exceed 32 square feet, may be placed on the lot
being sold. All of these signs shall be removed within 10 days following
the sale/closing of the property. No off-site directional signs are
allowed with the exception of one-day open houses, when the sign must
be removed at the end of the day.
(b)
Temporary political signs are allowed in any
zoning district, with the size not to exceed eight square feet. All
signs shall be removed no later than the second Friday following the
election unless the election is a primary and the signs concern a
candidate who is a winner in the primary.
(c)
Temporary signs for yard sales, with the size
not to exceed six square feet. All signs shall be removed at the end
of the sale.
(d)
Temporary signs advertising the building contractor,
architect, painter, paving company or other company involved in the
design or construction of or on the individual property. The size
shall not exceed four square feet, and the signage may be placed at
the commencement of the work and shall be removed within 10 days of
the occupancy of the building or the completion of the project.
(e)
Temporary or permanent signs for residential
subdivisions, housing projects, or commercial construction or renovation
projects as allowed by the Planning Board through the subdivision
or site plan approval process. For projects under construction, one
sign is allowed. For permanent signs (for example, "Woodland Acres")
one sign per roadway entrance is allowed.
(f)
Individual signs within residential districts
with the name of the property owner or the place (the "Smith's" or
"Back Acres Farm"). This does not apply to commercial, industrial,
or agricultural businesses. These signs may be lighted with a common
residential lamppost-type light.
(g)
Any other sign determined by the Planning and
Zoning Administrator to be similar to and consistent with the types
and purposes of the signage outlined above.
C.
In any zoning district, the following signs are allowed,
subject to the following requirements:
(1)
Signage for any permitted or allowed home occupation. The sign shall be subject to the size limits found in § 305-25 of this chapter. A permit issued in conformance with the provisions of this section shall be obtained. Signs for a permitted home occupation may be illuminated in a manner consistent with the lighting from a home lamppost.
(2)
Signage, including any type of bulletin board or announcement-type
board, for any standalone church, hospital, or school building. The
sign shall not exceed 32 square feet in size. A permit issued in conformance
with the provisions of this section shall be obtained. These signs
may be illuminated.
(3)
Temporary signs, no larger than 32 square feet in
size, announcing the events of a nonprofit organization or civic organization
may be placed without a permit, but notice must be given to, and permission
must be granted by, the Administrator, who reserves the right to place
limits or conditions on the size, location, and design of the sign.
These signs may only be placed on City-owned property with the permission
of the City Council or the City Manager. If placed on private property,
the permission of the property owner is required. The signs must be
removed within 48 hours after the event being advertised, or at the
end of the seasonal event.
(4)
Traffic and pedestrian control and safety signs (for
example: "exit only," "no parking," "do not enter," or directional
arrow). These signs shall be located on the subject property. For
new projects that are subject to site plan review and permits, the
types and locations of these signs shall be shown on the pleas submitted
to the Planning Board. These types of signs may contain a company
logo or name. These types of signs must be approved by the Administrator.
The Planning and Zoning Administrator reserves the right to limit
or regulate the number, size or design of these types of signs on
any individual property.
D.
In the business and industrial zoning districts (B-1,
B-2, I-1, or I-2 zones) all proposed signage (wall, hanging, or freestanding)
requires a permit issued by the Planning and Zoning Administrator
or a designee, and all signage shall conform to the requirements outlined
below.
(1)
All signage shall only advertise the business or industry
located on, or the goods or services sold or provided on, the subject
property.
(2)
In the B-2 Zone, the proposed signs shall not have
a combined surface area greater than one square foot for each foot
in width of the principal structure on the subject property. Both
sides of any hanging sign shall be included in the calculation of
the total area. The height of any sign in these districts shall not
exceed 12 feet.
(3)
In the B-1, I-1, and I-2 Zones, the proposed signs
shall not have a combined surface area greater than two square feet
for each foot in width of the principal structure on the subject property.
The height of any sign in these districts shall not exceed 24 feet.
(4)
Signs may project over the sidewalk so long as the sign does not impede or endanger pedestrian or vehicular traffic. All signs that extend over the sidewalk shall be professionally installed to ensure structural integrity. The bottom of any such sign must be at least 10 feet above the sidewalk. In addition to the maintenance requirements outlined in Subsection A(3) above, all structural components associated with the hanging of the sign shall be properly maintained to ensure that the sign does not become a public safety hazard. If the City determines that a hanging sign is a safety hazard, then notice shall be given to the property owner/manager to remove or repair the sign. Failure to comply with the requirements of said notice shall be considered a violation of this section and subject to any and all applicable and appropriate enforcement actions.
(5)
For any shopping center or other multitenant business
building, two types of signs shall be permitted. One sign may be placed
on the face of the building for each of the legally established businesses;
the second sign may be a shared, freestanding directory-type sign
that gives the names of the businesses located in the center. The
size of the wall signs shall not exceed one square foot for each foot
of the width of the individual business section with a maximum of
50 square feet for any one business use. The size of the freestanding
directory sign shall not exceed the total of 15 square feet for each
individual business, with a maximum of 80 square feet in the B-1 Zone.
If the number of individual businesses in the center would require
the size of the sign to exceed 80 square feet, then a second directory
sign may be permitted to accommodate all of the individual businesses.
In the I-1 (Industrial) Zone, a freestanding sign at the entrance
to the Franklin Industrial Park is allowed, announcing the names of
the individual companies located within the Park. This sign shall
not exceed 120 square feet in size.
(6)
For a property in the B-1 or B-2 Zoning District that
contains multiple buildings on one lot housing multiple businesses,
each individual business may have one wall sign not to exceed 15 square
feet in size. A common freestanding sign announcing the different
businesses on the property may be installed, with the size not to
exceed 45 square feet.
(7)
Businesses or industries located in remote areas or
locations may place directional signs on land located at the intersection
of a nearby traveled street, provided that the sign meets the following
requirements:
(a)
The sign shall not contain any advertising or
information for any goods or services not sold or available on the
remote property.
(b)
The sign shall not be placed within the right-of-way
unless permitted by the City or the state.
(c)
The type of illumination of the proposed sign
shall be outlined in the application and must be approved by the Administrator,
who may limit or condition the type of lighting and the level of illumination.
(d)
The size of the sign shall not exceed four square
feet. If more than one business is located in the remote location,
then a shared directional sign may be permitted and the size shall
not exceed 10 square feet.
(e)
The application must indicate permission from
the property owner where the sign will be located.
(f)
The City reserves the right to place off-site
directional signs on its property for the purpose of enhancing the
visibility of local businesses.
E.
For any preexisting, nonconforming business or industrial
use located in any residential zone, the existing signage may remain
in place, and the face of said sign may be replaced. This provision
notwithstanding, if the sign is removed for any purpose, then any
new or replacement sign shall not exceed eight square feet in size
and shall not be illuminated beyond the type of illumination found
on a residential lamppost.
F.
Prohibited signs; signs on vehicles.
(1)
The following types of signs are prohibited:
(a)
Any electronic sign with moving, flashing, blinking,
or changing characters, pictures, designs, or any other type of image.
(2)
Registered or unregistered vehicles or trucks shall
not be used to locate signage or any type of billboard display. Signage
and advertising on any type of vehicle is limited to the advertising
display of the business that owns the registered vehicle in question.
[Amended 12-1-1997 by Ord. No. 97-3; 2-7-2005 by Ord. No.
07-05]
A.
Minor home occupations. Minor home occupations include,
and are similar to but not limited to, professional offices such as
accountants, attorneys, and mental health providers, business or computer
consultants, seamstresses, tax preparers, appraisers, architects,
secretarial services providers, seasonal sales of agricultural products,
and music teachers. These uses are allowed upon the issuance of a
permit from the Planning and Zoning Administrator in conformance with
the following conditions:
(1)
The use is conducted within the residential dwelling
or any accessory building on the property, but not both.
(2)
The proposed occupation does not involve the generation
of noise, dust, odors, vibration or fumes.
(3)
No outside storage is allowed.
(4)
Other than deliveries by normal household parcel delivery
trucks, no other deliveries are allowed.
(5)
The proposed occupation shall be carried on by a member
of the family residing in the subject residence. One employee who
does not live at the subject property may be employed.
(6)
The occupation shall be one where no more than one
client or client group is expected at any one point in time, with
the exception of the overlap of scheduled appointments.
(7)
Notwithstanding the provisions of § 305-24, Signs, only one nonilluminated sign, no larger than two square feet in size and to be approved at the time of the issuance of the special exception, is permitted.
(8)
Adequate parking shall be available for both the primary
residential use and the proposed home occupation use.
(9)
Making external alterations to the primary or accessory
structure for the purpose of creating space for the home occupation
and which go beyond customary changes to a residential structure is
prohibited.
(10)
The area devoted to the home occupation may
not be greater than 25% of the gross floor area of the principal or
accessory structure.
(11)
Home occupations are personal in nature, and
special exceptions obtained allowing the same expire at the termination
of the business or in the event that the person holding such a permit
ceases to reside at the specified location.
(12)
All building codes and/or fire and life safety
codes must be met for all portions of the structures used for the
proposed occupation.
B.
Major home occupations. Major home occupations include,
and are similar but not limited, to beauty or barber shops, pet grooming,
family physicians, contractor's office or certain professional offices.
These types of uses are allowed through the issuance of a special
exception from the Zoning Board of Adjustment, in conformance with
the following conditions:
(1)
The use is conducted within the residential dwelling
or any accessory building on the property.
(2)
The proposed occupation does not involve the generation
of noise, dust, odor, vibration, or fumes.
(3)
Other than deliveries by normal household parcel delivery
trucks, no other deliveries are allowed. No semi-tractor-trailers,
tow-type trucks, etc., are to be used to deliver any items to the
property at any time.
(4)
The proposed occupation shall be carried on by a member
of the family residing in the subject residence. Two employees who
do not live at the subject property may be employed.
(5)
Notwithstanding the provisions of § 305-24, Signs, only one nonilluminated sign, no larger than four square feet in size and to be approved at the time of the issuance of the special exception, is permitted.
(6)
Adequate parking shall be available for both the primary
residential use and the proposed home occupation use.
(7)
Making external alterations to the primary or accessory
structure for the purpose of creating space for the home occupation
and which go beyond customary changes to a residential structure is
prohibited.
(8)
The area devoted to the home occupation may not be
greater than 25% of the gross floor area of the principal structure.
(9)
Home occupations are personal in nature, and special
exceptions obtained allowing the same expire at the termination of
the business or in the event that the person holding such a permit
ceases to reside at the specified location.
(10)
The proposed occupation shall not create pedestrian
or vehicular traffic that is determined to be detrimental to the neighborhood.
(11)
All building code and/or fire and life safety
codes must be met for all portions of the structures that are utilized
for the proposed occupation.
D.
Salespersons, tradespersons, professionals, and other
similar occupations, who offer their services off site but maintain
an office for their off-site work may do so by right, without any
permits or special exceptions, as long as no traffic is generated
above and beyond personal vehicles and standard home parcel delivery
vehicles and there are no employees.
Agricultural uses shall comply with the following
requirements:
A.
Buildings to house animals and birds shall not be
erected within 200 feet of the adjoining property.
B.
Feed lots, fenced runs, pens and similar intensively
used facilities, but excluding pasture for animal raising and care,
shall not be located within 300 feet of the adjoining property.
C.
Roadside stands for sale of agricultural products
shall be permitted if:
When permitted, removal of fill, gravel, minerals,
stone or loam from the premises for commercial purposes shall be allowed
for a period of one year, provided that:
A.
Upon a predetermined date of completion and within
one month after completion, the area is made safe and sightly by grading,
leaving no slope greater than 2:1 nor any area not capable of free
draining to prevent standing water; finishing with suitable ground
cover to prevent erosion; and/or, where found more desirable by the
Planning Board, through fencing in the area of excavation.
B.
Annual renewal of permits shall be conducted by the
Planning and Zoning Administrator each September and may be subject
to review by the Planning Board.
C.
All procedures and standards outlined in RSA 155-E
must be met.
[Amended 4-3-2006 by Ord. No. 07-06]
A.
In accordance with RSA 674:41, as amended, no building
permit shall be issued for the erection of a building on a lot with
frontage on a Class VI highway or private roadway unless the City
Council, after review and comment by the Planning Board, votes to
authorize the issuance of a building permit(s) for the erection of
buildings on said highway or roadway or a portion thereof. In the
issuance of such a permit, the City neither assumes responsibility
for the maintenance of the Class VI highway or private roadway nor
liability for any damages resulting from the use thereof.
Any facility for water recreation, such as private
swimming pools, swimming clubs and commercial fishing ponds, or any
other water storage facility, such as reservoirs, fish hatcheries,
sewage lagoons and farm ponds, shall comply with the following requirements:
A.
The facility shall conform to the setback requirements.
B.
All swimming pools, with the exception of all swimming
pools under a depth of 18 inches, shall be enclosed by a fence no
less than four feet high and shall be constructed so that no opening
in the structure exceeds two inches in width, height and, if applicable,
depth. All structural support, braces and other framing shall be on
the internal side of any such fence to prevent such bracing from being
used as a handhold or foothold. All openings in such fences shall
have self-latching, self-closing gates with latches placed no less
than four feet from the ground. In the case of aboveground swimming
pools, the walls or other structural components of the pool facility
may be considered as part of the fence or barrier structure if, in
the opinion of the Planning and Zoning Administrator, said walls and
structural components meet the specifications stated above and form
an effective barrier to unauthorized entry to the pool area by young
children. The Zoning Board of Adjustment may review and approve other
fencing arrangements on an individual basis upon application made
to the Planning and Zoning Administrator.
[Amended 4-3-2000 by Ord. No. 00-1]
C.
The facility, if operated to attract visitors, shall comply with parking requirements established under § 305-19 of this chapter.
D.
Before a certificate of use and occupancy shall be
issued to the operator or owner of a facility, a plan shall be submitted
to the Board of Adjustment showing the size of the facility, proposed
use, parking arrangement and use of buildings on the site, surrounding
properties and their use and any other pertinent information.
[Amended 9-14-1998 by Ord. No. 98-4]
E.
Private residential swimming pools which meet all
setback requirements shall not require approval of the Board of Adjustment.
[Added 12-20-2000 by Ord. No. 00-6;
amended 5-1-2006 by Ord. No. 09-06]
A.
Authority. This section of the Franklin Zoning Ordinance
is adopted in accordance with the authority granted by New Hampshire
Revised Statutes Annotated 674:16 and 674:21.
B.
Purpose.
(1)
The location and plan requirements, performance
standards, and general regulations have been enacted in order to fulfill
the following purposes:
(a)
To preserve the authority of the City of Franklin
to reasonably regulate and provide for the siting of wireless telecommunications
facilities (hereinafter "facilities") while facilitating the proper
location of facilities to provide such services to the community in
an efficient manner.
(b)
To further the goals, objectives and recommendations
of the 2005 Master Plan and the overall purposes of the Franklin Zoning
Ordinance.
(c)
To reduce adverse impacts such wireless telecommunications
facilities may create, including, but not limited to, impacts on aesthetics,
environmentally sensitive areas such as the watersheds of Webster
Lake and the three rivers prominent in Franklin, historically significant
buildings and areas of the City, view sheds throughout the City, health
and safety by injurious accidents to person and property, and protection
of property values.
(d)
To encourage or require innovative locations,
collocation and/or cooperation between competitors in order to reduce
the overall number of required facilities and the cumulative adverse
impacts upon the City, and to encourage the camouflaging of facilities
so that visual impacts are reduced to the greatest degree possible.
(e)
To assure compliance with federal laws and policies
and State of New Hampshire statutes or regulations, including, but
not limited to, RSA 12-K.
(f)
To create requirements and standards so as to
apply said requirements and standards to all wireless providers and
not discriminate against any provider.
(g)
To provide for the adequate management and maintenance
of any approved facility.
(2)
Nothing in this chapter or related regulations
establishes a policy or requirement in favor of adequate wireless
telecommunications coverage throughout the entirety of the geographical
limits of the City of Franklin.
C.
Applicability.
(1)
Wireless telecommunications facilities shall
be permitted within the City of Franklin only in accordance with this
section, the Use Table, and all other specific and applicable provisions
of the Zoning Ordinance. In cases where the provisions of this section
conflict with other sections of the Zoning Ordinance, the provisions
of this section shall supersede said other sections and control the
issuance of any permits for this type of use.
(2)
Wireless telecommunications facilities may be
considered either principal or secondary uses. Having an existing,
permitted use on site shall not preclude the addition of a facility
as a secondary use as long as all other provisions of the ordinance
are met. A different existing use or an existing structure on the
same lot shall not preclude the installation of a facility on such
lot. For purposes of determining whether the installation complies
with dimensional regulations, including but not limited to setback
and lot coverage requirements, the dimensions of the entire lot shall
control, even though the facility may be located on leased parcels
within such lots. Facilities that are installed in accordance with
the provisions of this chapter shall not be deemed to constitute the
expansion of a nonconforming use or structure, and facilities installed
in conformance with the provisions of this chapter will not need to
obtain a variance except if the proposal goes outside the terms of
this chapter or requires waivers that cannot be granted by the Planning
Board in accordance with the authority granted to the Board under
this chapter.
(3)
Any alteration or modification of, or to, a
facility approved per a previously issued permit will require a new
approval consistent with this zoning provision.
(4)
This chapter shall not govern any tower or the
installation of any antenna that is under 70 feet in height and is
owned and operated by a federally licensed amateur radio station operator
or is used exclusively for receive-only antennas. This chapter adopts
the provisions and limitations as referenced in RSA 674:16 IV.
(5)
Wireless telecommunication facilities shall
not be considered essential services or any type of public utility
as defined or used elsewhere in the City's Zoning Ordinance or any
regulations. The use and siting of wireless telecommunications facilities
are entirely controlled and governed by this section.
D.
Permits required.
(1)
Prior to constructing any type of wireless telecommunications
facility, the applicant shall obtain a special use permit (SUP), as
defined, from the Franklin Planning Board.
(2)
For the purpose of the issuance of the SUP,
the Board shall also consider the application under the provisions
of the site plan permitting process. All hearings, procedures and
administrative actions shall be conducted in accordance with RSA 676:4.
(3)
Pursuant to the authority granted by the Site
Plan Regulations,[1] the applicant shall file for a preliminary site plan review. At a minimum, the purpose of this preliminary discussion is to discuss siting issues and compliance with Subsection E, below. At a maximum, the applicant may present any information outlined in Subsections F or G, below. Any decisions, consensus opinions, or comments made by the Board or any individual member is not binding and shall not interfere with any participation in the hearing for the SUP. The hearing process for this preliminary discussion is a public hearing, and proper notice to the abutters is required, but it does not trigger notice to the communities within 20 miles of the boundaries of the City.
(4)
The Board may waive any provision of this section
upon finding that such waiver is in the best interest of the City
of Franklin; that the waiver will not injure, harm, or otherwise adversely
impact the surrounding neighborhood of the proposed facility; and
that the goals, objectives, and purposes of the overall Zoning Ordinance
and this section are not compromised.
E.
Location requirements.
(1)
Pursuant to the purposes of this zoning provision
and the goals of the City to encourage camouflaged locations and collocations,
the applicant shall utilize the following location priorities, starting
with the first option. An applicant shall show proof of having exhausted
each option (for example, an analysis of the siting characteristics
for multiple sites considered for a location option) before moving
on to the succeeding options. The Board reserves the right to request
any information, tests, or other analysis to determine if the proof
presented to eliminate a location option is satisfactory and supported
by the facts. The burden of proving an option is not viable rests
with the applicant.
(2)
In making findings that a location priority
cannot be achieved, the Board will consider a variety of issues, including,
but not limited to:
(a)
That no existing building or structure provides,
or could provide through structural reinforcement, the required structural
support to accommodate the proposed facility. Any evidence on lack
of structural support must be accompanied by a report by a licensed
professional engineer.
(b)
That electromagnetic interference between any
existing antennas or facilities and the proposed facility would not
provide for, or allow, the proposed coverage requirements.
(c)
That the proposed coverage area cannot be met
through the installation of antennas or other facilities on any individual
or combination of available existing building(s) or structure(s).
(3)
The Board is not obligated to consider any financial
evidence relating to an inability of the applicant to come to financial
and contractual terms with a building or property owner for rent or
lease of space for a proposed facility when making the finding discussed.
(4)
The applicant shall provide copies of all letters
of inquiry made to owners of existing lots, buildings or structures
and letters of rejection. If letters of rejection are not provided,
at a minimum, unanswered "return receipt requested" forms from the
United States Post Office shall be provided for each owner of existing
structures that was contacted. The Board reserves the right to require
any other documentation deemed necessary to insure that adequate efforts
have been made to secure siting options on existing buildings or structures.
F.
Design performance standards.
(1)
For all proposed facilities, the following standards
shall be met:
(a)
All components of a proposed facilty, including
equipment shelters, towers, or generator buildings, shall be designed
and constructed using stealth technology. The appropriateness of proposed
stealth technologies shall be determined by the Board. Examples of
stealth technologies include, but are not limited to, designs of antennas,
buildings or shelters that blend in with the surrounding architectural
style of the surrounding buildings; the use of a monotree for a stand-alone
tower; the construction of a "flagpole," “fire tower," “weather
vane," "windmill," "silo," "water tower," or other similar structure
typically found in New Hampshire; or other similar design that reduces
the visual impact of the proposed facility on surrounding neighborhoods
and any other individual who can see the facility from a public way
or a part of a viewscape.
(b)
All ground-mounted buildings, structures, equipment
pads, towers, or any other component associated with the facility
shall be screened and buffered with a minimum of 10 feet of planted
vegetative landscaping around all components of the facility. Natural
vegetation is preferred, and if the site can be developed utilizing
natural vegetation deemed adequate by the Board, then this option
will be considered. The Board may also consider a combination of vegetation
and solid fencing. In locations where the visual impact of the compound
would be minimal or nonexistent, especially on any abutting residentially
zoned or occupied land, the landscaping/buffering requirements may
be reduced or waived by the Board. The Board shall determine the density
and species to be utilized based on site-specific conditions.
(c)
All ground-based equipment compounds or other facilities, including fencing or other security barriers, shall conform to the setback requirements, per § 305-14 of this chapter, for the subject zoning district. Equipment shelters completely underground are exempt from this provision.
(d)
No hazardous waste shall be discharged on the
site of any wireless service facility. If any hazardous materials
are to be used on site, the board reserves the right to require adequate
containment.
(e)
All generators proposed for the facility shall
be approved by the Board and shall be of a type and model designed
to minimize sound impacts to any abutting property. The Board reserves
the right to require additional soundproofing housing around the generator
unit. The requirements of this provision may be modified by the Board
based on information supplied by the applicant, including, but not
limited to, generator type, relationship of the proposed site to abutting
residential land uses, overall location of the site, or existing background
noise.
(f)
All lighting of the facility shall be approved
by the Board. Lighting shall be limited to that which would be associated
with general household use. This provision may be modified by the
Board upon submission of a lighting alternative proposal by the applicant.
Such proposal must demonstrate that the footcandle measurements at
the property line or lease area of the wireless telecommunications
facility shall be 0.0 initial footcandles above background lighting
conditions at the site before wireless facility construction. The
towers and/or antennas shall be lighted only if required by the Federal
Aviation Administration (FAA). If the stealth technology employed
for a proposed tower involves a flagpole, then the Board will consider
what level of appropriate and necessary lighting is required for this
type of use.
(g)
All signage shall be approved by the Planning
Board. No sign shall be larger that 16 square feet, and only one sign
shall be allowed per facility. Smaller information or directional
signs, including, but not limited to, "Keep Out,” "Parking,"
"This Property Managed By," or "Danger," may be permitted by the Board
as part of the overall permitting process. All requests for signage
shall be submitted as part of the application package or during the
hearing process.
(2)
For all proposed facilities to be attached to
or mounted onto an existing building or structure, the following standards
shall be met:
(b)
The facility shall not increase the height of
the existing building or structure by greater than 15 feet.
(c)
All facilities or towers shall be freestanding.
Lattice towers or guy-wired towers are expressly prohibited, except
as part of a reconstruction project of an existing facility. The use
of appropriate stealth technologies may result in this provision being
waived or modified.
(d)
If the applicant proposes to mount the equipment
on the side or rear of a building or structure, the equipment shall
be camouflaged so that it blends in with the building or structure.
In making a judgment on this standard, the Board shall consider color,
architectural features, and the overall appropriateness of the proposed
facility to the general neighborhood. No equipment shall be located
on the front (street side) of any building or structure.
(e)
If the applicant proposes to mount the equipment on the side of a building or structure, any proposed equipment shall conform to the setback requirements, per § 305-14 of this chapter, for the subject zoning district. A fall zone, as defined in this chapter, will not be required for any facility proposed to be placed on an existing building or structure. The previous sentence notwithstanding, the Board reserves the right to require setbacks from the face of the proposed facility and any public space (for example, parking lot, sidewalk, walkway, or other similar space) located below the facility.
(f)
Any antenna array placed upon an existing building
or structure shall not extend out further than four feet from the
horizontal face of the building or structure upon which the facility
is to be mounted. The Planning Board may permit a larger-diameter
antenna array after a finding that the visual impacts of a larger
antenna array are negligible.
(g)
All roof-mounted facilities shall be stepped
back from the front facade of the building in order to limit the impact
on the building's silhouette.
(h)
The towers and/or antennas shall be lighted
only if required by the Federal Aviation Administration (FAA).
(3)
For all proposed facilities to be stand-alone,
ground-mounted towers, the following standards shall be met:
(b)
The tower shall be of a monopole-type design.
Lattice towers or guy-wired towers are expressly prohibited, except
as part of a reconstruction project of an existing facility. The use
of appropriate stealth technologies may result in this provision being
waived or modified.
(c)
The height of the proposed tower shall not be
higher than 100 feet or greater than 20 feet above the average tree
canopy height for a distance of 100 feet from the base of the proposed
tower. The height of any tower will be the minimum necessary in order
to transmit and receive signals. The intent to serve a large area
with one tall tower will not be accepted as justification of height.
Multiple, minimum-height towers are preferred and may be required.
(d)
In order to ensure public safety, the minimum
distance from the base of any ground-mounted tower to any property
line, road, habitable structure, business or institutional use, aboveground
fuel or hazardous material storage tanks, structure, or public recreation
area shall be the distance equal to the fall zone, as defined elsewhere
in this chapter. The fall zone may cross property lines as long as
the applicant secures a fall zone easement from the affected property
owners. The preceding sentence notwithstanding, the fall zone shall
not extend into any area used for residential purposes.
(e)
The fall zone for any tower shall be contained within the zoning district where the facility is located and permitted through § 305-13, Permitted and Special Exceptions Use Table. No fall zone shall extend into any residentially zoned district or onto any property used for residential purposes.
(f)
All buildings or associated equipment compound
areas shall be fenced, with a security barrier no less than six feet
or greater than eight feet in height.
(g)
All new ground-mounted towers and associated
facilities shall be surrounded by a buffer of dense trees and shrubs
that extends in all directions around the entire facility for a distance
of 100 feet. A combination of existing or newly planted vegetation
may be used to meet this standard. The proposed vegetated buffer shall
be shown on the plans submitted to the Board for review. The Board
reserves the right to require additional plantings if it is determined
to be necessary to provide for proper and adequate screening for the
abutting land uses. The proposed vegetated buffer shall be protected
by a landscape easement, which shall specify that the vegetation buffer
shall be maintained and that any trees removed because they are dead
or dying will be replaced.
(h)
The towers and/or antennas shall be lighted
only if required by the Federal Aviation Administration (FAA).
(i)
Existing entrances and driveways serving the
site where the facility will be located shall be utilized, unless
the applicant can demonstrate that a new entrance and driveway will
result in less visual, traffic and environmental impact. New driveways
to serve a wireless service facility shall not exceed 12 feet in width.
A paved surface may be required at the discretion of the Board. Adequate
parking for maintenance or service vehicles or trucks shall be provided
and shown on the plans submitted to the Board.
(j)
Any antenna array placed upon a proposed tower
shall have a diameter of no more than four feet, exclusive of the
diameter of the mount. The Planning Board may permit a larger-diameter
antenna array after a finding that the visual impacts of a larger
antenna array are negligible or that the larger diameter contributes
to a lower tower or fewer antenna arrays required.
(k)
An applicant proposing to build a new tower
shall execute an agreement that promotes maximum collocation upon
the new structure. This agreement shall, at a minimum, require the
applicant to supply available collocation for reasonable fees and
costs to other telecommunications providers. Failure to provide such
an agreement is evidence of the applicants' unwillingness to cooperate
with the orderly and well-planned development of the City and is grounds
for denial.
G.
Plan submission and supporting material requirements.
For all applications submitted to the Planning Board for special use
permit, the following plans and information, as applicable, shall
be submitted as part of the application package. The determination
of whether or not a specific requirement or plan detail is applicable
shall rest solely with the Board.
(1)
A plan meeting the requirements of a site plan, as outlined in Chapter 402, site plan Review, of the City Code, shall be submitted. Further, if a new tower is proposed, then this plan shall locate and show all buildings within 500 feet of the proposed tower.
(2)
A picture, or other architectural rendering,
and an engineered plan of the proposed facility, including all antennas
and associated equipment.
(3)
A plan that details the proposed equipment compound.
Said plan shall show all proposed equipment, including, but not limited
to, generators, buildings, or lighting.
(4)
A plan showing, and accompanying narrative describing,
the maximum number of collocators that can be accommodated on the
proposed tower and in any associated equipment compound.
(5)
Written proof that the proposed use/facility
complies with the FCC regulations on radio frequency (RF) exposure
guidelines.
(6)
For any stand-alone, ground-mounted tower [see Subsection F(3)], the applicant shall develop and install an installation simulation (i.e., tethered balloon) that depicts the ultimate maximum height and location of the antenna at the proposed site. The applicant shall advertise in local papers to alert area residents, in all municipalities within 20 miles of the proposed site, that the simulation is available for viewing. The advertisement shall be published two times, with the first ad at least three days prior to the simulation. The simulation shall be maintained for a minimum of two days from the date of the last newspaper publication. The applicant shall provide to the Board a listing of the newspapers carrying the public notice, a copy of the advertisement, and the publication dates. Further, the applicant shall notify, by return receipt mail, all abutters, as defined in RSA 672:3.
(7)
A description of the installation simulation [defined in Subsection G(6) in this section], including metrics of the simulation, a list of newspapers carrying the public notice, a copy of the advertisement, dates the advertisement was carried and the duration of the simulation.
(8)
An inventory of all existing wireless telecommunications towers (both active and decommissioned) that are within the jurisdiction of the City and those within two miles of the border thereof, including specific information about the location, height, and design of each tower. This information shall be used by the applicant as part of the analysis on options for collocation as discussed in Subsection E(1) and E(2), above. This information will be considered a public document and may be shared with any carrier or individual.
(9)
Radio frequency coverage maps showing and narratives
describing the existing coverage areas in the City and the proposed
or desired coverage areas.
(10)
Written proof that an evaluation has taken place
which demonstrates that the use/facility satisfies the requirements
of the National Environmental Policy Act (NEPA). If an environmental
assessment (EA) or impact statement (EIS) is required under the FCC
rules and NEPA, submission of the EA or EIS to the Board prior to
the beginning of the federal thirty-day commitment period, and the
City process, shall become part of the application requirement.
(11)
An architectural rendering that shows the proposed
tower/facility from the perspective of the closest public street and
the perspective of the abutting property owners.
(12)
Any other plans, material, or information deemed
appropriate or necessary by the Board to make a decision on the application.
(13)
In addition to the abutter and public notice
as required under the Site Plan Regulations, the applicant is responsible
for notification per RSA 12-K:7, as amended. As part of the application
package submitted to the Board, the applicant shall submit a listing
of all communities within 20 miles of the borders of Franklin and
the local newspapers used by those communities for legal ad purposes.
The applicant is responsible to pay the fees associated with the newspaper
ads and the notice to the individual communities. The fees shall be
the same as the abutters notice fees per the City's Fee Schedule.
H.
Evaluation and review criteria. In making a decision
on the overall merits of the application, or on attaching conditions
to any approval, the Planning Board shall consider the following:
(1)
Compliance with the purpose, design standards
and overall requirements of the zoning provision.
(2)
The relationship of the proposed facility to
the neighborhood.
(3)
The relationship of the proposed facility to
the site on which the facility will be located. While recognizing
that these types of facilities may be either primary or secondary
uses on a specific site, it is not the intention of these regulations
to allow the siting of these facilities on an already developed site
so that the site, in the opinion of the Board, becomes overcrowded
or that the addition of the facility creates new and unusual safety
hazards or concerns.
I.
Consulting fees and payments. By and through the submission
of the application for a facility covered under this zoning provision,
the applicant agrees to pay any and all consulting fees for any outside
study, review, or analysis deemed necessary by the Planning Board
so that it can make necessary decisions on the application. Failure
to agree to pay for any outside consulting work, or failure to pay
said fees prior to the vote and issuance of a decision, shall be grounds
for a denial of the application.
J.
Monitoring and maintenance. The owner of the facility
shall maintain the wireless service facility in good condition. Such
maintenance shall include, but shall not be limited to, painting,
structural integrity of the mount and security barrier, and maintenance
of the buffer areas and landscaping.
K.
Abandonment or discontinuation of use; security for
removal.
(1)
At such time as a carrier plans to abandon or
discontinue operation of a wireless service facility, such carrier
will notify the City by certified United States Mail of the proposed
date of abandonment or discontinuation of operations, with said notice
given no less than 30 days prior to the proposed date. In the event
that a carrier fails to give such notice, the wireless service facility
shall be considered abandoned upon such discontinuation of operations.
(2)
Upon abandonment or discontinuation of use,
the owner of the facility shall physically remove the wireless service
facility within 90 days from the date of abandonment or discontinuation
of use. "Physically remove" shall include, but not be limited to:
(a)
Removal of antennas, mounts, foundations, concrete
pads, equipment shelters and security barriers from the subject property.
(b)
Proper disposal of the waste materials from
the site in accordance with local and state solid waste disposal regulations.
(c)
Restoring the location of the wireless service
facility to its natural condition, except that any landscaping or
grading shall remain in the after condition.
(3)
If the owner of the facility does not remove
the facility upon the Zoning Administrator's order, then the City
Council shall, after holding a public hearing with notice to the owner
and abutters, issue a declaration of abandonment. The owner of the
facility shall dismantle and remove the facility within 90 days of
receipt of the declaration of abandonment by the City Council. If
the abandoned facility is not removed within 90 days, the City may
execute the security to pay for this action.
(4)
Recognizing the hazardous situation presented
by abandoned and unmonitored facilities, the Planning Board shall
set the form and amount of security that represents the cost for removal
and disposal of abandoned or discontinued telecommunications facilities.
The amount of the security shall be based upon the removal cost plus
15%, as provided by the applicant and certified by a professional
civil engineer licensed in New Hampshire. The owner of the facility
shall provide the Planning Board with a revised removal cost estimate
and structural evaluation prepared by a professional civil engineer
licensed in New Hampshire every five years from the date of the Planning
Board's approval of the site plan. If the cost has increased more
than 15%, then the owner of the facility shall provide additional
security in the amount of the increase. The aforementioned security
shall be posted with the Planning Board prior to the issuance of a
certificate of occupancy for the facility.
L.
Decisions.
(1)
In granting a special use permit, the Planning
Board may impose conditions necessary to minimum any adverse effect
of the proposed tower on adjoining properties and to preserve the
intent and purpose of this section.
(2)
The Planning Board may approve, approve with
conditions or deny an application. All decisions shall be in writing,
and a denial shall be based on substantial evidence contained in the
written record.
M.
Expedited review. The Planning Board may, by regulation,
provide for an expedited review for facilities that utilize existing
facilities or sites designated by the Planning Board and City Council
as desired sites for such facilities.
[Added 6-7-2021 by Ord. No. 06-21]
A.
Authority and purpose. This solar collection system section is enacted
in accordance with RSA 672:1, III-a, 674:17,(I)(j), and 674:21, RSA
772:21, as each might be amended. The purpose of this section is to
accommodate solar energy collection systems in appropriate locations,
while preserving the character and quality of life of the neighborhood(s)
and the overall City, and protecting the public's health, safety,
and welfare.
B.
CARPORT MOUNT
GROUND MOUNT
ROOF MOUNT
SOLAR COLLECTION SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any solar collection system of any size that is installed
on the roof structure of a carport over a parking area.
A solar collection system and associated mounting hardware
that is affixed to or placed upon (such as ballasted systems) the
ground, including, but not limited to, fixed, passive or active tracking
racking systems.
A solar collection system that is structurally mounted to
the roof of a building or other permitted structure, including limited
accessory equipment associated with system which may be ground mounted.
These can be either mounted flat on a roof, or raised panels oriented
for maximum solar collection.
Includes all equipment required to harvest solar energy to
generate electricity. The solar collection system includes, but is
not limited to, panels, storage devices, transfer equipment, and the
equipment and poles related to the connection made to the utility
grid or other on-site service connection point.
C.
ACCESSORY AGRICULTURE SOLAR
COMMERCIAL UTILITY SOLAR
GROUND-MOUNTED RESIDENTIAL
ROOF-MOUNTED RESIDENTIAL/COMMERCIAL BUILDING SOLAR
SMALL-SCALE GROUND-MOUNTED COMMERCIAL SOLAR
Use definitions. As used in this section, the following terms shall
have the meanings indicated:
Any ground-mounted or roof-mounted solar collection system
designed to primarily reduce on-site consumption of utility power.
This type of use shall only be allowed on parcels of land five acres
or more where agriculture is the primary use [but where a residential
dwelling can be located]. These systems are not intended to be connected
to the utility grid.
A use of land that consists of a ground-mounted solar collection
system that will be connected to the utility grid. The minimum lot
area is five acres.
One freestanding ground-mounted, solar array or panel system,
intended to primarily reduce on-site consumption of utility power.
Solar systems mounted flat on a residential carport shall be included
in this category.
Any roof-mounted solar collection system primarily consisting
of collection panels and related equipment, with the purpose to provide
power to the subject building.
For any ground-mounted (including on a covered parking area)
which is less than 150 KW, and is intended to either be used to reduce
on-site to reduce the consumption of utility power, or connected to
the utility grid system.
D.
Use table. [Note: This use table for solar energy projects is a supplement to the Table at § 305-13, Permitted uses, special exceptions and special use permits.]
|
Legend:
|
|---|
|
P = Permitted [See below notes for special provisions.]
|
|
SUP = Special use permit; application for the SUP will be concurrent
with the requirement for site plan approval.
|
|
X = Use prohibited.
|
|
Use
|
District
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
RR
|
RS
|
R-1
|
R-2
|
R-3
|
B-1
|
B-2
|
I-1
|
I-2
|
C
|
LP
| |
|
Solar energy uses
| |||||||||||
|
Roof-mounted residential or commercial roof building solar1, 2
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Ground-mounted residential1b, 3
|
P
|
P
|
P
|
P
|
X
|
X
|
X
|
X
|
X
|
P
|
P
|
|
Small-scale ground-mounted commercial4
|
X
|
X
|
X
|
X
|
SUP
|
SUP
|
X
|
SUP
|
SUP
|
X
|
X
|
|
Accessory agricultural solar
|
P
|
X
|
P
|
X
|
X
|
X
|
X
|
X
|
X
|
P
|
X
|
|
Commercial utility solar
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
SUP
|
X
|
SUP
|
X
|
|
Notes:
| |
|---|---|
|
1 For roof-mounted systems, the following
conditions apply:
| |
|
a.
|
Systems for single- and two-family homes, multifamily buildings
[3 or more units], or commercial properties, and where the panels
are mounted flat on the roof, are permitted by right with a building
permit.
|
|
b.
|
All raised panel roof systems [including carport-mounted], no
matter which use category or zoning district, require a special use
permit.
|
|
2 In the downtown historic district,
systems that are not mounted flat on the roof must be approved by
the Heritage Commission.
| |
|
3 All freestanding ground-mounted
residential solar systems shall be located in rear yard between the
primary structure and rear lot line, and appropriate screening must
be shown on the application. The building permit application must
show the screening. If the ground-mounted residential systems have
to be located in the side or front yard areas due to site layout conditions,
then additional screening and buffering shall be shown on the application.
A residential carport-mounted system must be sized to conform to the
primary parking area. All ground-mounted residential systems must
comply with the applicable building setbacks. The maximum height of
a ground-mounted residential system is 14 feet.
| |
|
4 Small-scale ground-mounted commercial
solar systems, including carport-based systems, are permitted with
a special use permit approval as shown in the table. All system components,
including any carports utilized, shall comply with front, side and
rear yard building setbacks.
| |
E.
Specific solar system requirements and exemptions.
(1)
Municipal systems. All solar collection systems for municipal
use are exempt from land use regulations pursuant to NH RSA 674:54.
(2)
Commercial utility solar systems on municipal land, where there
is a lease to an LLC or other commercial party, require special use
permits and/or site plan approval as applicable.
(3)
Building height. Roof flat-mounted solar collection systems
shall be exempt from building height limitations.
(4)
For all roof-mounted systems, the owner or applicant must provide
with the site plan application, or the building permit application,
sufficient data and analysis to demonstrate that the existing roof
can support the proposed system. No building permit will be issued
without this documentation.
(5)
Lot coverage. For any zoning district where maximum lot coverage
limitations are in place, noncommercial utility solar ground-mounted
collection systems shall not be included in the calculations for total
lot coverage.
F.
Lot, yard, and setback requirements. [Note: These provisions for solar energy projects are a supplement to and, unless conditions are outlined, takes jurisdiction over, the Table at § 305-14, Lot and yard requirements.]
(1)
Solar collection systems shall be considered structures. Except as noted below, all portions of any type of a ground-mounted system shall comply with building setback requirements from lot lines as outlined in § 305-14. No portion of a system may cross into the setback.
(2)
For any type of ground-mounted tracking system, the setback
shall be measured from the point [and time of day] where the array
is closest to the lot line.
(3)
For any commercial utility solar project located in the Industrial
[I-1] Zoning District, the following requirements shall apply:
(a)
The outside edge of the racked panel systems must maintain a
minimum fifty-foot setback from all lot lines. This required setback
may be adjusted, at the discretion of the Planning Board through the
special use permit approval, if the abutting land is also industrially
zoned.
(b)
As noted above in Subsection C, accessory agriculture solar, the minimum lot area is five acres.
(c)
The Planning Board recognizes that the Interconnection of the
system to the utility grid system will involve equipment and poles
that will not be able to comply with the required setbacks. That being
said, the applicant must provide comprehensive plans [plans, photographs,
renderings, etc.] that document all of the interconnection equipment
prior to the issuance of any approval. For projects in the I-1 District,
where the interconnection equipment is also in the I-1 District, the
Board recognizes that the level of detail for this comprehensive plan
might not need to be at the same level as an interconnection zone
located in other zoning districts.
(4)
For any commercial utility solar project located in the Conservation
[C] Zoning District, the following requirements shall apply:
(a)
The required minimum lot area is 10 acres.
(b)
The required setback between the limit of clearing, necessary
for the installation of the solar arrays, and any abutting property
used for residential purposes shall be 100 feet. This required setback
may be adjusted to no less than 50 feet, at the discretion of the
Planning Board through the special use permit approval, upon a finding
that the proposed setback will not have an impact to the abutting
properties or to the characteristics of the neighborhood. Issues,
such as the nature and use of the abutting properties, the preservation
of the natural vegetation screening, or the existence of electrical
transmission lines that might cross through the property, would be
taken into consideration.
(c)
The Planning Board recognizes that the interconnection of the
system to the utility grid system will involve equipment and poles
that will not be able to comply with the required setbacks. That being
said, the applicant must provide comprehensive plans [plans, photographs,
renderings, etc.] that document all of the interconnection equipment
prior to the issuance of any approval. For any commercial solar project
within the Conservation District, the following requirements shall
apply:
[1]
The applicant shall submit an interconnection agreement
with the local utility and a plan that details all of the interconnection
equipment to be installed.
[2]
For any interconnection equipment which would be
visible from a public road or any abutting residential structure,
the equipment shall be ground mounted. To be granted a waiver, through
the special use permit process, from this requirement, the applicant
must be able to document and prove beyond all reasonable doubt that
ground-mounted equipment does not meet any applicable codes, or is
not permitted [and is not already in use in any other solar project
within the state] by the utility company. Cost factors will not be
viewed as reasonable documentation.
[3]
In the event that poles are approved by the Planning
Board, the location and number of poles shall be shown on the submitted
plans, and all of the equipment to be installed on each pole shall
be detailed.
[4]
On the primary plan for the project, or on some
other plan sheet, the owner shall provide the location of any residential
structure that would be able to see the interconnection poles and
equipment from their front or side windows and the distance to any
such residence.
[5]
As outlined in Subsection H below, the plan shall detail all of the screening and buffering for the proposed project. In their review and consideration of the project, the Planning Board will evaluate the buffering. Buffering is important for any project located within the City, but it is especially important for projects in the Conservation Zoning District, due to the more rural characteristics of the district.
[6]
The interconnection equipment shall be located,
screened, or buffered to the greatest degree possible.
G.
Special use or site plan permits and approvals.
(1)
For any site plan or special use permit application, the Planning
Board retains the rights, under RSA 767:4-b, to hire a third-party
consultant to assist the Board in various phases of the review, approval,
or inspection of the construction work. The applicant or owner shall
submit funds to the City to establish an escrow account to compensate
the consultant.
(2)
In granting a conditional use permit pursuant to this section,
the Planning Board may impose any reasonable conditions or restrictions
deemed necessary to carry out the intended purpose of this section.
(3)
In its review of any solar project, the Planning Board will
evaluate how the design and location characteristics of the project
might impact the character of the neighborhood and specifically the
direct abutters. Two important review criteria will be if the project
is contrary to the public interest, and if there will be adverse impacts
to the character of the neighborhood and/or the direct abutters.
(4)
For any specific requirements for a special use permit, or any requirements in § 305-6 of the Zoning Ordinance, which overlap with requirements in the site plan review regulations, the most restrictive shall apply.
(5)
A conceptual design plan hearing, with full notice to all abutters,
is required for all commercial utility Solar projects.
(6)
If the project triggers the submission of an alteration of terrain
permit [AOT] application to the NH DES, then no further stormwater
analysis is required. If no AOT application is required, then the
applicant shall provide a stormwater analysis consistent with the
site plan regulations.
H.
Screening, buffering, and natural resource impacts. Solar collection
systems shall be visually screened through the preservation of existing
vegetation or through a landscaped buffer in accordance with the following.
(1)
One overall goal of the submitted, and required, plan shall
be to screen the project from views of abutting properties and public
ways. The applicant shall submit a plan which has been prepared and
stamped by a licensed landscape architect. The plan shall indicate
the location, height and spacing of existing vegetation to be preserved
and areas where new plantings, fencing, etc., will be required.
(2)
The applicant should, to the greatest degree possible, utilize
the existing terrain and landscaping to help provide appropriate screening
and buffer. The minimization of clearing of existing trees and shrubs
will assist in this goal.
(3)
The use of evergreens, and other native species found in the
area, as required.
(4)
Required screening shall be maintained during the operative
lifetime of the solar collection system special use permit or site
plan approval. Any decision by the Board shall indicate the frequency
of inspections and the submission of reports to the Planning Office.
(5)
Primary agriculture solar should minimize impacts to farmland
activities and prime farmland soils (as defined and delineated by
soil survey and definition of NH NRCS). Dual-use arrangements (solar
and farming activities are encouraged where practical).
(6)
The use of chemicals for vegetative management is prohibited.
The use of native grasses, wildflowers, or other seed mixes approved
by the NH DES shall be used, with regular mowing used to manage the
facility.
I.
Land clearing.
(1)
Land clearing shall be limited to what is necessary for the
installation and operation of the system and to insure sufficient
all-season access to the solar resource given the topography of the
land.
(2)
Following construction, cleared land areas must be restored
with native species that are consistent with the use of the site as
a solar collection system (such as slow growth or low ground cover).
(3)
Erosion control measures during construction shall be detailed
as required.
L.
Noise.
(1)
For commercial utility systems. The application must include
calculations for any equipment noise on the site based on equipment
specification materials (such as inverters).
(2)
Noise levels at the property line shall be in accordance with
reasonable levels given the location of the facility with due consideration
to the surrounding land uses and zone.
M.
Lighting.
(1)
On-site lighting shall be minimal and limited to access and
safety requirements only. All lighting shall be downcast and shielded
from abutting properties.
N.
Abandonment and decommissioning.
(1)
The owner of the facility shall notify the City and the Planning
Office if it intends to abandon the facility. The term "owner" includes
the owner(s) at the time of the application or approval, and any future
owner(s), project management team, or lease holder.
(2)
If the owner fails to notify the City, the City reserves the
right to determine that abandonment has occurred. Solar collection
systems shall be deemed to be abandoned if operations have discontinued
for more than three months without written consent of the municipality
(for example, reasons beyond the control of the owner/operator). Notice
of this determination shall be provided to the owner by the Building
Inspector. The owner shall have a thirty-day period within which to
respond to the City.
(3)
An abandoned system shall be removed and the site restored within
120 days of date of abandonment.
(4)
The term "site restored" means that the property is cleared
of all solar components and is left in a stable, noneroding, litter-free,
and clean condition. A landscaping may remain in place.
(5)
The term "solar components" includes, but is not limited to,
all panels and racking systems, all aboveground equipment, all underground
utility lines, security fencing, any subsurface foundations, poles
and any associated mounted equipment. Utility poles that are owned
or managed by the applicable energy company, and which can be removed
without impacting the overall grid system, shall be removed as well.
(6)
In cases where the proposed solar facility is approved, the
application shall submit the decommissioning plan with the thirty-day
appeal period following the endorsement of the approved notice of
decision. The applicant can, of course, submit the plan, or a draft,
during the hearing process.
(7)
In order to ensure that the required site restoration work is
performed, the owner of any commercial utility, accessory agricultural,
or multiunit residential solar system shall provide the City with
a performance bond equal to the estimated costs of restoration. The
following conditions shall apply:
(a)
The bond shall be kept current on a yearly basis by the owner.
The owner shall provide to the City every three years a new cost estimate
to perform all of the restoration work. The bond amount shall be adjusted
accordingly every three years.
(b)
The performance bond can be used by the owner, with the written
approval of the City, to pay for the removal or decommissioning costs.
Once the restoration work has been completed, and the Planning Office
or the Code and Inspection Division has issued a certificate for the
work, any remaining funds will be returned to the owner.
(c)
If the owner fails to undertake the restoration work, the City
reserves the right to perform the work and to utilize the performance
bond funds. The City shall give 45 days' notice to the owner
that it will commence with the restoration work. Any bond funds remaining
shall be returned to the entity which posted and maintained the bond.
[Added 9-8-2004 by Ord. No. 03-05]
A.
Purpose:
(1)
Webster Lake is a public water body. In as much,
the City of Franklin shares with the State of New Hampshire jurisdiction
and responsibility to protect and maintain the quality of this valuable
resource for the greatest public benefit.
(2)
The Webster Lake watershed, which falls within
the municipalities of Andover, Hill and Franklin, is a valuable and
fragile natural resource and has direct influence on the integrity
of the water quality of Webster Lake.
(3)
Under current local and state laws, the potential
exists for random, piecemeal or uncoordinated uses of the land within
the watershed, which could have significant negative impact on the
water quality of Webster Lake and its tributaries. The environmental
quality of the watershed has been degraded due to agricultural runoff,
the destabilization of soils from development activities, and the
failure of septic systems.
(4)
The creation of performance standards for certain
land use activities within the watershed will provide for increased
long-term protection of Webster Lake and its watershed.
(5)
Where the Webster Lake watershed transcends
municipal boundaries, the City of Franklin will seek opportunities
to work cooperatively with neighboring towns toward the common objective
of improved water quality within the subject watershed. In the spirit
of a regional approach to resource management, the City will foster
cooperation among regional and state officials to further enhance
the quality of water found in this overlay district.
B.
Authority:
(1)
Under RSA 674:16 the Planning Board has the
authority to promulgate recommendations to modify or create zoning
changes and for the City Council to adopt such recommended changes.
(2)
RSA 674:21, Innovative Land Use Controls, sections
(h) and (j), allows municipalities to adopt ordinances which contain
performance standards and environmental characteristics zoning that
allow the City to promulgate standards to ensure the continued integrity
of these natural resources.
(3)
In any case where a provision of these regulations
is found to be in conflict with provisions of other regulations, ordinances
or codes of either the state or the City, the provisions which are
more restrictive shall prevail.
C.
BANK
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
SURFACE WATER OR SURFACE WATER BODY
WATERSHED
WEBSTER LAKE WATERSHED
WEBSTER LAKE WATERSHED OVERLAY DISTRICT
WETLAND
Definitions:
The transitional slope adjacent to the edge of a surface
water, the upper limits of which is usually defined by a break in
slope or, for a wetland, where a line delineated in accordance with
DES Administrative Rules Wt. 301.01 indicates a change from wetland
to upland area.
As defined by the New Hampshire Department of Environmental
Services (NH DES) and associated Code of Administrative Rules, as
amended.
Any portion of the waters of the state which has standing
or flowing water at or on the ground. This includes, but is not limited
to, rivers, streams (perennial or intermittent), lakes or ponds.
A geographic area in which all water drains to a given stream,
lake, estuary or ocean.
The Webster Lake Watershed consists of the area shown on
the map titled Webster Lake Watershed Land Use, prepared by NH DES,
October 2003.
The area shown as the Overlay District on the map attached
to the Franklin Zoning Ordinance and which is subject to the provisions
contained herein.
An area that is inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that
under normal conditions does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands include, but
are not limited to, swamps, marshes, bogs, wet meadows and other similar
areas.
D.
Performance standards.
(1)
Agriculture (includes any agricultural activities):
(a)
Livestock are not allowed direct access to surface
waters. Drinking water for livestock shall be provided by the use
of a tub or other container located a minimum of 150 feet away from
any surface water or wetland.
(b)
Application of fertilizers or pesticides is
not allowed within 200 feet from any surface water or wetland.
(c)
All livestock grazing and feeding areas shall
be a minimum of 200 feet away from surface waters.
(d)
All runoff from livestock feeding areas shall
be directed away from surface water or wetland area.
(e)
No spreading of animal manure on fields or pastures
is allowed any closer than 200 feet away from any surface water or
wetland. No stockpiling of manure is allowed any closer than 200 feet
from any surface water or wetland area, and the stockpiling must be
placed on an impervious surface and contained to prevent the release
of leachate.
(f)
Unless stricter setbacks or operational requirements
are outlined above, all agricultural operations shall be conducted
in accordance with the Manual of Best Management Practices for Agriculture
in New Hampshire, New Hampshire Department of Agriculture, June 1993,
as amended, and in accordance with all appropriate sections of the
Comprehensive Shoreland Protection Act, as amended.
(2)
Wetlands and surface waters:
(a)
No filling, alteration, or any other work is
allowed within any wetland area without the required permits from
the NH DES.
(b)
The property owner or his/her designee is responsible
for obtaining all necessary state or federal permits pertaining to,
but not necessarily limited to, the construction and/or installation
of any docks, boathouses, footpaths or steps to the water. Copies
of all permits shall be submitted to the Franklin Conservation Commission.
(c)
For any plans or designs required as part of
this Overlay District which involve analysis and determination of
wetland boundaries, the work to determine said boundaries shall be
done by a certified wetland scientist and/or a certified soil scientist,
as defined by RSA 310-A:76 II and III, as amended.
(3)
Forestry (includes all commercial forestry activities):
(a)
A minimum seventy-five-foot undisturbed natural
vegetated buffer shall be maintained adjacent all surface waters or
wetland areas.
(b)
Unless stricter setbacks or operational requirements
are outlined above, all forestry operations shall be conducted in
accordance with the Best Management Practices for Erosion Controls
on Timber Harvesting Operations in New Hampshire, New Hampshire Division
of Forests and Lands, February 2000, as amended, and in accordance
with all appropriate sections of the Comprehensive Shoreland Protection
Act, as amended.
(4)
Site construction (commercial/industrial or
residential):
(a)
No new structures or driveways are allowed within
50 feet of any surface water or wetland area. Accessory structures
are allowed when permitted by the NH DES.
(b)
The impervious area of any building lot is limited
to 30%. Impervious area includes building area, gravel or asphalt
driveway and parking area.
(c)
For any use that will render impervious more
than 20% or more than 2,500 square feet of any lot, whichever is greater,
a stormwater management and erosion control plan, consistent with
Stormwater Management and Erosion and Sediment Control Handbook for
Urban and Developing Areas in New Hampshire, Rockingham County Conservation
District, August 1992, as amended, shall be prepared and submitted
to the Planning and Zoning Office for review. No building permit shall
be issued until such time as the Planning and Zoning Administrator
has reviewed and approved said plan.
(5)
Septic systems:
(a)
For any new construction, no individual sewage
disposal system (ISDS) shall be installed any closer than 100 feet
to any surface water or wetland area.
(b)
For any expansion of an existing structure,
or the seasonal conversion of an existing structure, the owner shall
conform to RSA 485-A:38 and the associated Code of Administrative
Rules for Subdivision and ISDS Design Rules, as amended.
(c)
For a new subdivision development for which
ISDSs are proposed, if the lots are under five acres, then all plans
and permit applications shall conform to all relevant NH DES rules
and regulations. For lots that are greater than five acres, all plans
and permit applications shall show an area of 4,000 square feet, with
test pit and percolation test data to verify the site suitability
for a septic system.
(d)
If any septic assessment or an on-site inspection
indicates that the existing system is in failure, a plan for a replacement
system shall be submitted to NH DES within the next 30 days.
E.
General performance standards for all activities and
land uses: No new underground storage tanks for flammable or combustible
liquid fuels shall be allowed.
F.
Exceptions: If the property owner or his/her designee
can document that property, or a portion of a property, which is shown
to be inside of the Webster Lake Watershed Overlay District is outside
of the Webster Lake Watershed, and said documentation is accepted
by the Planning and Zoning Administrator, then the provisions of the
Webster Lake Watershed Overlay District shall not apply.
[Added 2-7-2005 by Ord. No. 07-05]
Shed buildings, as defined in this chapter,
shall be located no closer than 10 feet away from a property line
under the following conditions:
[Added 2-7-2005 by Ord. No. 07-05]
Storage containers, as defined in this chapter,
are allowed with the following conditions:
A.
Storage containers are permitted on any lot used for
commercial or industrial businesses within the I-1, I-2, B-1, B-2
Zones, as long as all required yard setbacks are maintained and the
Planning and Zoning Administrator issues a permit for said use.
B.
Preexisting, nonconforming commercial or industrial
uses located within any residential zone may locate a storage container
on the property only after the issuance of a special exception from
the Zoning Board of Adjustment.
C.
Manufactured homes, travel trailers, or any type of
recreational or passenger vehicles shall not be used as storage containers
in any zoning district.
D.
Storage containers cannot be used in conjunction with
home occupations.
E.
Storage containers are permitted to be used in conjunction
with the construction of any residential building during the time
for which there is a valid building permit and the Administrator issues
a permit for this use. Such containers must be removed when the building
permit is no longer valid. The permit to allow the use of a storage
container associated with a building permit must be renewed when the
building permit is renewed on a yearly basis. The Planning and Zoning
Administrator reserves the right to not renew a permit for a storage
container if he/she finds and determines that the applicant cannot
provide a date by which the building activity is to be completed.
[Added 2-7-2005 by Ord. No. 07-05; 4-3-2006 by 07-06]
Travel trailers/recreational vehicles are under
the following conditions:
A.
The trailer or vehicle, which must be current with
its registration, shall not be hooked up to any utility, except for
the purpose of charging batteries or filling water storage tanks,
prior to regular seasonal usage.
B.
A property owner or lessee may accommodate one travel
trailer or recreational vehicle, as defined, for a nonpaying guest
in his/her yard for a period of time not to exceed 15 days in any
one year, with the condition that sanitation facilities are operated
in conformance with all state codes and regulations.
C.
One additional travel trailer or recreational vehicle,
not owned by the property owner, may not be used but may be stored
on the property as long as the lot and yard setback requirements for
the zone are maintained.
D.
A travel trailer or recreational vehicle may, when
approved by the Administrator, be used, for a period not to exceed
six months, as temporary housing when located on a property for which
the principal housing structure has been demolished, damaged or destroyed
by fire, flood, explosion or other casualty and said structure is
being rebuilt, or for a new residential structure being constructed,
and a valid building permit is in place. The Administrator may, as
long as there is a valid and active building permit, extend for up
to one additional six-month period the use of said temporary housing.
Approved or acceptable waste disposal procedures, in conformance with
applicable DES requirements, must be in place in order to receive
approval.
[Added 2-7-2005 by Ord. No. 07-05]
A.
The conversion of a structure from a seasonal use
to a year-round use is allowed, following the issuance of a permit
from the Planning and Zoning Administrator, under the following circumstances:
(1)
If the structure is not on public sewer, the
applicant shall provide evidence to the Administrator that approval
for the existing septic system to handle septic flows resulting from
full-time occupancy has been received from by the New Hampshire Department
of Environmental Services, Water Supply and Pollution Control Division,
under the provisions of RSA 485-A. In the alternative, the applicant
can document that a newly installed septic system for the structure
has been approved by NHDES.
(2)
All dimensional setbacks must be maintained
if any structural changes are made in footprint size or volume during
the course of the conversion.
(3)
If applicable, all requirements of the state's
Comprehensive Shoreland Protection Act must be met.
(4)
The applicant must demonstrate that adequate
off-street parking is available.
(5)
The proposed project must adhere to all other
provisions of the Franklin Zoning Ordinance, including any appropriate
overlay districts.
(6)
A certificate of occupancy is required.
B.
Any request for a seasonal conversion which is beyond
the conditions outlined above requires a special exception from the
Zoning Board of Adjustment to permit the Conversion. If dimensional
setbacks for any proposed additions cannot be met, then the applicant
must also file for a variance.
[Added 2-7-2005 by Ord. No. 07-05; amended 4-3-2006 by Ord. No.
07-06; 4-3-2017 by Ord. No. 03-17]
A.
Purpose. This zoning provision is intended to:
(1)
Increase the supply of affordable housing units without the
need for more infrastructure or further land development;
(2)
Provide flexible housing options for residents and their families;
(3)
Integrate affordable housing into the community with minimal
negative impact; and
(4)
Provide elderly citizens with the opportunity to retain their
homes and age in place.
B.
Permitting. The creation of an accessory dwelling unit (ADU) requires
the submission of an accessory dwelling unit application form. If
all of the conditions and criteria are satisfied, then the Planning
and Zoning Director can issue a letter of authorization. If the Director
determines that the conditions and criteria are not being satisfied,
then a letter of denial will be issued, and the owner can, if so desired,
file for a conditional use permit from the Planning Board. If a building
permit is required, then the occupancy/use permit shall be issued
at the same time as the issuance of the letter of authorization. If
no building permit is required, then the owner shall schedule, and
pay the fee for, an inspection by the Building Inspector to determine
if the living space meets all applicable fire and life safety codes.
Any code deficiencies must and shall be corrected prior to the issuance
of a letter of authorization.
C.
Criteria for approval.
(1)
Only one accessory dwelling unit (ADU) shall be permitted on
a parcel that contains a single-family dwelling.
(2)
The owner(s) of the property shall reside in either the principal
unit or the ADU. At the time when a building permit or application
is filed for the creation of the ADU, the owner must submit a notarized
statement which documents that he/she will reside in one of the units.
(3)
Appearance.
(b)
In either case, the ADU shall be designed and built so that
the appearance of the building remains that of a single-family house.
Any new entrance that may be required shall be located on the side
or in the rear of the building. For any exterior modifications to
create the ADU, the owner shall submit appropriate plans/drawings
to demonstrate that the changes to the building comply with the appearance
requirements.
(5)
No ADU shall be established in a condominium, or converted to
condominium ownership.
(6)
No detached ADUs are allowed.
(8)
Parking for the combination single-family dwelling and ADU shall comply with the parking requirements in § 305-19 of the Zoning Ordinance. No new curb-cuts or a separate driveway are permitted.
(9)
Prior to the issuance of a building permit for the creation
of the ADU, the owner/applicant shall provide evidence to demonstrate
adequate provisions for water and sewage disposal for the principal
dwelling unit and the ADU in compliance RSA 485-A:38 (or its successor
statute or regulation).
(10)
All City ordinances and regulations applicable to the single-family
dwellings shall also apply to the combined principal unit and the
ADU.
