[1]
Editor's Note: The title of this article was changed from
U.S. Route 3 Corridor Performance Zoning District to Performance Zoning
District by Art. 2 of the 3-13-2012 Annual Town Meeting.
[Amended 3-8-1994]
This Article VIII is enacted by the Town of Bedford pursuant to RSA 674:21, II. This innovative land use control ordinance shall provide for all approvals, including the granting of conditional or special use permits, by the Planning Board. Any decision made by the Planning Board under this innovative land use control ordinance may be appealed directly to Superior Court in the same manner provided by statute for appeals from the Planning Board, as set forth in RSA 676:5, III, and RSA 677:15. A waiver process from particular requirements set forth in Article VIII may be employed by the Planning Board where the applicant demonstrates substantial compliance with the standards set forth in Article VIII, § 275-58, Purpose, Subsections A through E.
A.
Zoning was first implemented as a technique for separating incompatible
types of land development, thereby protecting low-intensity uses from
the harmful or disagreeable impacts of high-intensity uses. However,
conventional zoning may produce its own set of undesirable side-effects.
B.
As design and technology continually change in the marketplace, new
types of land uses are proposed which cannot be easily assigned to
existing zoning classifications. Too often, innovative land developments
are either denied outright (resulting in loss of tax revenue to the
municipality), appealed to the Zoning Board of Adjustment (where special
conditions are imposed), or subjected to lengthy rezoning procedures
(requiring a Town-wide ballot vote).
C.
Performance standards measure the quantifiable impacts of each proposed
development rather than prohibiting certain classes of land use. This
type of zoning offers an alternative method for implementing community
goals as outlined in the 1990 Bedford Master Plan and the 1983 Route
3 Corridor Study, while protecting the right of private property owners
to utilize their land according to highest and best use.
[Amended 3-13-2012]
The purposes of this Performance Zoning District Ordinance are:
A.
To attract environmentally acceptable commercial, industrial, recreational,
institutional, and residential uses to the District;
B.
To encourage diversity in the community tax base through appropriate
flexibility in land use and land use development;
C.
To optimize financial return on public infrastructure investments
and expenditures, including municipal sewer, municipal water supply,
the Manchester Airport, Class I and II public highways, and the Merrimack
River amenities;
D.
To minimize adverse traffic impacts on U.S. Route 3, the I-293/NH
Route 101 Interchange, and surrounding local streets and roadways;
and
E.
To preserve valuable historical, cultural, and natural features within
the district and to minimize adverse environmental impacts such as
water, air, light, noise pollution, flooding, clear cutting of vegetation,
and the blocking of scenic views.
[Amended 3-13-2012]
The boundaries and extent of the Performance Zoning District
are as delineated and depicted on the map entitled "Zoning Map, Town
of Bedford, NH 1993," and as afterwards amended.
Except where specifically defined or otherwise referenced within
this article, words and terms used are intended to imply their customary
definition and meaning. The following words and terms are specifically
defined as follows:
A commercial establishment that devotes more than 15% of
the total display, shelf, rack, wall, table, stand or floor area,
utilized for the display and sale of the following items listed in
Subsection A and B below. The establishment, as one of the principal
business purposes, offers for sale or rental for any form of consideration
any one of more the following:
[Added 3-14-1995]
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, video cassettes, video reproductions, slides,
tapes, records, CDs or other forms of visual or audio representations
which depict or describe specified sexual activities or specified
anatomical areas or meet the definition of "harmful to minors" and/or
"sexual conduct" as set forth in RSA-571-B:1; or
Instruments, devices or paraphernalia which are designed for
use in connection with sexual conduct as defined in RSA-571-B:1, other
than birth control devices. A commercial establishment may have other
principal business purposes that do not involve the offering for sale
or rental of material depicting or describing specified sexual conduct
or activities and still be categorized as adult video/bookstore. Such
other business purposes will not serve to exempt such commercial establishments
from being categorized as an adult video/bookstore so long as one
of its principal business purposes is offering for sale or rental
for consideration to specified material which depict or describe specified
sexual conduct or activities or specified anatomical areas.
"Specified sexual conduct or activities" means that the male
genitals in a state of sexual arousal and/or the vulva or more intimate
parts of the female genitals.
"Specified anatomical areas" means and includes any of the following:
"Adult bookstore or adult video store" does not include an establishment
that sells books or periodicals as an incidental or accessory part
of its principal stock and trade and does not devote more than 15%
of the total display area of the establishment to the sale of books
and periodicals.
A nightclub, bar, restaurant or similar establishment which
during a substantial portion of the total presentation time features
live performances which meet the definition of "harmful to minors"
and/or "sexual conduct" as set forth in RSA 571-B:1, and/or features
films, motion pictures, video cassettes, slides or other photographic
reproductions, a substantial portion of the total presentation time
of which is devoted to showing of material which meets the definition
of "harmful to minors" and/or "sexual conduct" as set forth in RSA
571-B:1.
[Added 3-14-1995]
An open lot or part thereof, with appurtenant facilities,
devoted primarily to the presentation of motion pictures, films, theatrical
productions and other forms of visual productions, for any form of
consideration to persons in motor vehicles or on outdoor seats, in
which a substantial portion of the total presentation time being presented
for observation by patrons is devoted to the showing of material which
meets the definition of "harmful to minors" and/or "sexual conduct"
as set forth in RSA 571-B:1.
[Added 3-14-1995]
Adult bookstore or adult video store, adult cabaret, adult
drive-in theater, adult motel, adult motion picture arcade, adult
motion picture theater, adult theater, nude model studio, and/or sexual
encounter center as defined herein.[1]
A motel or similar establishment offering public accommodations
of any form of consideration which provides patrons with closed circuit
television transmissions, films, motion pictures, video cassettes,
slides or photographic reproductions, a substantial portion of the
total presentation time of which is distinguished or characterized
by an emphasis upon the depiction or description of materials which
meet the definition of "harmful to minors" and/or "sexual conduct"
as set forth in RSA 571-B:1.
[Added 3-14-1995]
Any place to which the public is permitted or invited wherein
coin- or slug-operated or electronically, electrically or mechanically
controlled still- or motion-picture machines, projectors, or other
image-producing devices are maintained to show images to five or fewer
persons per machine at any one time, in which a substantial portion
of the total presentation of the images so displayed is devoted to
the showing of material which meets the definition of "harmful to
minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
[Added 3-14-1995]
An establishment with a capacity of five or more persons
where, for any form of consideration, films, motion pictures, video
cassettes, slides or similar photographic reproductions are shown,
and in which a substantial portion of the total presentation time
is devoted to the showing of material which meets the definition of
"harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1,
for observation by patrons. For the definitions of adult cabaret,
adult drive-in theater, adult motel, adult motion-picture arcade,
adult theater and this definition of adult motion picture theater,
a "substantial portion of the total presentation time" shall mean
the presentation of films or shows described above for viewing on
more than seven days within any fifty-six-consecutive-day period.
[Added 3-14-1995[2]]
A theater, concert hall, auditorium or similar establishment,
either indoor or outdoor in nature, which for any form of consideration
regularly features live performances, a substantial portion of the
total presentation time of which is distinguished of characterized
by an emphasis on activities which meet the definition of "harmful
to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
[Added 3-14-1995]
The vertical distance from the average existing ground level
of a building footprint to the soffit (or highest horizontal support)
of the building.
[Added 3-14-1995]
The diameter of a tree trunk measured in inches at breast
height (dbh) or 3 1/2 feet above grade.
[Added 3-8-1994]
A legally binding document which provides the grantee with
specific entitlements related to the use and enjoyment of the grantor's
property.
See definition of "elderly housing" in § 275-21B(2).[3]
The surface area of all man-made improvements which effectively
prevents the natural passage of water from the ground surface to the
underlying soil mass.
The provisions of this article which provide potentially
advantageous land use arrangements to individuals as compensation
for voluntarily utilizing their property(s) in a preferred but not
required manner.
A portion of a structure which is reserved for the primary
purpose of providing structure access for the arrival and dispersal
of goods and products transported by truck or rail.
All highways classified as Class IV or V under RSA 229:5.
That portion of a site routinely used for the outdoor storage
of any products, goods, or raw materials.
An operational system constructed and maintained for the
collection and renovation of nonhazardous wastewater flows, which
is either owned and maintained by a municipality or a public utility
company licensed by the Public Utilities Commission of the State of
New Hampshire.
An operational system constructed and maintained for the
purpose of distribution of potable water for general use, which is
either owned and maintained by a municipality or a public utility
company licensed by the Public Utilities Commission of the State of
New Hampshire.
Any objectionable sound produced by any unnatural activity.
A place where a person who appears in a state of nudity or
displays male genitals in a state of arousal and/or the vulva or more
intimate parts of the female genitals and is observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other
persons who pay money or any form of consideration or such display
is characterized by an emphasis on activities which meets the definition
of "harmful to minors" and/or "sexual conduct" as set forth in RSA
571-B:1.
[Added 3-14-1995]
Any emission which produces and objectionable or unhealthy
smell.
The specific provisions of this article which have been created
for the purpose of accomplishing the stated intent of the article
or any portion thereof.
Any natural or man-made product or by-product with a market
value below the total cost associated with proper disposal of the
same.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
[Added 3-14-1995]
Any privately owned curb cuts and/or traveled ways which
provide common access to more than one property.
That section of highway known locally as South River Road,
which runs the length of Bedford, between the Merrimack and Manchester
corporate boundaries.
A dock, wharf, pier, breakwater, swimming float, boat ramp,
or other similar structure or part thereof.
[Amended 3-14-1994; 3-14-1995; 3-11-1997; 3-10-1998; 3-14-2006; 3-11-2008; 7-13-2011; 3-13-2012; 3-10-2015; 3-8-2016; 3-13-2018]
All land uses, or combinations thereof, enumerated hereunder
are permitted within the Performance Zoning District subject to review
for suitability by the Planning Board. Prior to any Planning Board
approval of a proposed use, the applicant must demonstrate that the
proposed use will meet all of the performance standards established
in the following sections, the Bedford Subdivision Regulations, the
Bedford Nonresidential Site Plan Review Regulations, and shall not
produce any negative impacts on surrounding properties.
A.
Research and development operations.
B.
Manufacturing.
C.
Warehousing and truck terminal facilities.
D.
Professional and business offices.
E.
Retail, wholesale and rental trades, commercial service, and repair
facilities, subject to Footnote 37 in Table 2, Table of Uses.[1]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
F.
Restaurants, fast-food restaurants, hotels, motels, and other hospitality
services.
G.
Medical/dental services and related facilities, including hospitals
and nursing homes and assisted living facilities. Medical clinics
are subject to Footnote 40 in Table 2, Table of Uses.[2]
[Amended 3-8-2022]
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
H.
Personal service establishments.
I.
Places of worship and related religious facilities.
J.
Public and private educational institutions.
K.
Public and private commercial and noncommercial recreation areas
and open space.
L.
Water-dependent structures.
M.
Business center developments.
N.
Membership clubs.
O.
Gasoline service stations. Gasoline service stations are subject
to Footnote 12 in Table 2, Table of Uses, of this chapter.[3] Gasoline service stations and their accessory uses may
be permitted in the PZ Zone only by the granting of a conditional
use permit by the Planning Board. Applications for a conditional use
permit shall address the following: purpose of the Performance Zoning
District, dimensional standards, highway improvements, sewer and water
connections, setbacks, landscaping, signage, parking, screening of
refuse and pumps, lighting, environmental safeguards, nuisance odors,
market data to support the proposed location, access to a signalized
intersection, existing and future traffic analysis, identification
of existing stations within a five-mile radius, and provisions for
termination of the conditional use permit if the station is abandoned.
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
P.
Banks and other financial institutions.
Q.
Funeral homes.
R.
Parking lot/structure.
S.
Information processing.
T.
Day-care facilities.
V.
Kennel.
W.
Alternative treatment center (non-cultivation location). Alternative treatment centers are subject to § 275-21H.
X.
Workforce housing.
[Added 3-12-2019]
A.
Table of Performance Dimensional Standards.
(1)
In order to accomplish the stated intent and purpose of this article,
as well as ensure that the goals and objectives of both the 1990 Bedford
Master Plan and the 1983 Route 3 Corridor Study are fulfilled, performance
zoning standards enumerated within Table 3, Table of Performance Dimensional
Standards, have been developed.[1]
[1]
Editor's Note: Table 3 is included as an attachment to this chapter.
(2)
No building or structure shall be erected, enlarged, altered, or
relocated, nor shall any existing lot size be changed or new lot created
within the Performance Zoning District, except in accordance with
the Table of Performance Dimensional Standards or as otherwise specified
within this article.
[Amended 3-13-2012]
B.
Incentive bonus standards.
(1)
In recognition of the need to protect the overall integrity and character
of the Performance Zoning District, as well as to promote the development
of a system of local roads and utilities for properly servicing properties
within the Performance Zoning District, the performance zoning standards
presented in Table 3, Table of Performance Dimensional Standards,
have been formulated so as to include incentive bonus standards.
[Amended 3-13-2012]
(2)
These incentive bonus standards have been created as means for rewarding
those who choose to voluntarily develop their properties in a way
that is most compatible with the stated goals and objectives of the
1990 Bedford Master Plan and the 1983 Route 3 Corridor Study.
(3)
Incentive bonus standards which are implicit in these performance
zoning standards include:
(a)
Minimum lot areas and frontage.
[1]
Purpose. Recognition that less restrictive minimum lot area
and frontage requirements for sites which either front on local roads
or have shared access from Route 3 can promote favorable development
along this corridor, without adversely affecting traffic patterns.
[2]
Reduction in minimum lot area and frontage. As an incentive
bonus to encourage this concept of local road construction and/or
shared access, minimum lot area and frontage requirements will be
relaxed from a minimum lot size of three acres with 300 feet of frontage,
to 1.5 acres with 150 feet of frontage when a municipal water supply
and/or municipal sewer is not available.
[3]
Waiver of soils and steep slopes regulation. The Planning Board
may further waive the soils and steep slopes regulation contained
within the Subdivision Regulations of the Town of Bedford, New Hampshire,
for sites created under this incentive bonus standard. (See Figure
4, Incentive Bonus Standards.[2])
[2]
Editor's Note: Figure 4 is included as an attachment to this chapter.
(b)
Municipal sewer and water connections.
[1]
Purpose. Recognition that sites created which take advantage
of the incentive bonus standard outlined above should have an additional
incentive bonus to expend funds for connection to municipal sewer
and a municipal water supply.
[2]
Reduction in minimum lot area and frontage. This incentive bonus
standard is provided by allowing these sites to further reduce minimum
lot area to one acre with 75 feet of frontage.
[3]
Waiver of construction improvements. This incentive is provided
in order to offset the cost of providing these utilities. This incentive
bonus can also be attained by contributing funds to a Town-administered
fund for future utility connection in lieu of actually constructing
these improvements at the time of subdivision. (See Figure 4, Incentive
Bonus Standards.)
(c)
Easement deeds.
[1]
Land within 50 feet of U.S. Route 3. Recognition that individuals
who voluntarily agree to provide easement deeds over that portion
of their land within 50 feet of the present center line of U.S. Route
3, thereby reserving this easement area for future widening or similar
improvements to this corridor, may be compensated for this action
by being allowed to develop their properties to an extent greater
than that allowed by the maximum impervious coverage requirements
otherwise permitted within this district.
[2]
Excess impervious coverage. The amount of excess impervious
coverage allowed being equal to the actual computed area of the easement
area provided for future improvements. (See Figure 3, Incentive Bonus
Formula for Route 3 Easement.[3])
[3]
Editor's Note: Figure 3 is included as an attachment to this chapter.
(e)
Minimum lot area. The minimum lot area shown in Table 3, Table
of Performance Dimensional Standards,[5] may be reduced if all the following criteria are met:
[1]
A parcel of land, with an area greater than or equal to the
difference between the minimum required lot area from Table 3, Table
of Performance Dimensional Standards, and the proposed lot area is
deeded in fee simple to the Town of Bedford or a nonprofit organization
acceptable to the Bedford Town Council;
[2]
Those utilizing this performance standard must offer any land,
which is not to be retained by the subdivider, to the Bedford Town
Council. In considering any such offer, the Town Council may elect
to accept the land for Town ownership and use; reject the offer; or
defer ownership to a third party, nonprofit organization of their
selection for permanent use as public recreation, conservation, open
space, or historic preservation;
[3]
The parcel to be retained by the subdivider shall meet applicable
NHDES lot sizing criteria when public sewers are not available at
the time of subdivision. Further, the Planning Board may elect to
waive the soils and steep slopes based lot sizing requirements contained
within the Subdivision Ordinance of the Town of Bedford;
[4]
Any parcel created under this performance standard shall have
a total area of not less than 1/2 acre.
[5]
Editor's Note: Table 3 is included as an attachment to this chapter.
[Amended 3-8-1994]
A.
Intent. To preserve and enhance the aesthetic qualities of the Performance
Zoning District by establishing a matrix of landscape design and planting
options which perform in relationship to the intensity of the proposed
land use. It is anticipated that through the implementation of landscape
strips and incentive bonuses, the following objectives can be accomplished:
[Amended 3-13-2012]
(1)
Diminish potentially adverse impacts of structures, lighting glare,
noise, wind velocities, and odors which could result from permitting
widely varying land uses on adjacent parcels;
(2)
Ensure that each tract of land has benefit of an adequate buffer
between neighboring parcels in order to preserve and protect property
values;
(3)
Promote an aesthetically pleasing relationship of scale between buildings
and their natural surroundings;
(4)
Reinforce the visual image of Bedford's Performance Zoning District
as tree-lined streets, through the planting of native shade trees
along roadways, installation of underground utilities, and design
of monument or pedestal signage rather than pole signage; and
(5)
Encourage a pedestrian-friendly environment through the inclusion
of sidewalks, barrier-free street crossings, mass transit shelters,
public benches, and bicycle racks.
B.
General landscape provisions.
(1)
Plantings requirements. All plantings required by this article shall
be installed according to accepted horticultural standards and shall
be regularly maintained. Required plantings shall be replaced as necessary
in order to maintain compliance with these zoning standards.
(2)
Verification of incentive bonuses provisions/waivers. Where incentive
bonuses or waivers are employed, the Bedford Planning Department shall
have the ability to verify the effectiveness, health, size, and number
of retained plantings at the completion of construction. Any deficiencies
found with regard to these items shall be corrected and may require
the installation of additional plantings prior to the issuance of
a certificate of occupancy.
(3)
Waivers for public safety. None of the landscape requirements contained
within this article shall be construed so as to require installation
of improper plantings where safe site distance at drives or along
public streets may be inhibited by such plantings. The Planning Board
may waive any landscape requirements of this article when deemed to
be necessary for reasons of public safety.
C.
Landscape areas. (See Figure 5, Designated Landscape Areas.[1])
(1)
Open space.
(2)
Street tree landscape strip.
(3)
Front landscape strip.
(4)
Side and rear landscape strips.
(5)
Exterior pavement landscape strips.
(6)
Interior pavement landscape strips.
(7)
Signage landscape strip.
(8)
Screening of unsightly features.
[1]
Editor's Note: Figure 5 is included at the end of this chapter.
E.
Implementation.
(1)
Open space. All areas disturbed by construction shall be covered
with a minimum thickness of four inches of suitable topsoil and be
subsequently planted with grass seed, sod, or other vegetative ground
cover.
(2)
Street tree landscape strip.
(a)
Intent. The street tree landscape strip is intended to promote
the aesthetic quality of tree-lined streets within this district.
(b)
Location.[2]
[1]
The street tree landscape strip shall be a fifteen-foot wide strip
running parallel with the lot frontage along any public right-of-way
and shall be continuous along the entire length of said right-of-way,
excepting areas reserved for approved curb cuts. (See Figure 5, Designated
Landscape Areas, Figure 6, Minimum Landscape Requirements, and Figure
7, Minimum Landscape Heights.[3])
[3]
Editor's Note: Figures 5, 6 and 7 are included at the end
of this chapter.
[2]
Where easements for street widening are conveyed, the street tree
landscape strip shall overlap onto the front landscape strip, and
street trees should be planted along the inside of any such easement
line, within the front landscape strip.
[3]
The street tree landscape strip may be waived where a side or rear
landscape strip is planted instead along the frontage of a right-of-way.
(c)
Plantings.[4]
[1]
The street tree strip shall be planted with a minimum of one indigenous
shade tree for every 50 feet of right-of-way frontage. Examples of
indigenous shade trees are maple, oak, and ash. The size of the trees
to be planted within this area shall be a minimum of 2 1/2 inches
in caliper at the time of planting. Branching height of street trees
shall not be less than seven feet above grade when planted. Street
trees shall be spaced at least 25 feet apart at the time of planting.
[2]
Where overhead utility lines restrict the allowable height of plantings,
alternative tree specifications (including evergreens) may be substituted
by a waiver from the Planning Board.
(d)
Incentive bonuses. Each healthy native tree with a caliper of
three inches or greater, which is preserved within the street tree
strip, may be substituted for one required new street tree planting.
(3)
Front landscape strip.
(a)
Intent. The front landscape strip is intended to promote a pleasing
relationship of scale between buildings and related site improvements
and to integrate the design of the street tree strip.
(b)
Location.[5]
[1]
The front landscape strip shall be a strip of variable width (minimum
15 feet wide) between the street tree area and the closest point of
a building or impervious surface facing a public right-of-way. (See
Figure 5, Designated Landscape Areas, Figure 6, Minimum Landscape
Requirements, and Figure 7, Minimum Landscape Heights.[6])
[6]
Editor's Note: Figures 5, 6 and 7 are included at the end
of this chapter.
[2]
Where easements for street widening are conveyed, the street tree
strip may be overlaid on top of the front landscape strip.
(c)
Plantings. The front landscape strip shall be planted with a
minimum of one deciduous or evergreen tree for every 30 feet of horizontal
building facing a public right-of-way. Trees planted within this area
shall have a height equal to 1/2 of the maximum proposed building
height (but not less than 12 feet high or more than 30 feet high)
at the time of planting.
(d)
Incentive bonuses. Each healthy native tree with a caliper of
three inches or greater, which is preserved within the front landscape
strip, may be substituted for one new front landscape tree. Each healthy
native tree with a caliper of four inches or greater which is preserved
within the front landscape strip may be substituted for two new front
landscape trees.
(4)
Side and rear landscape strips.
(a)
Intent. The side and rear landscape strips are intended to promote
proper visual separation and adequate buffering between adjoining
properties. Parking, drives, and buildings shall not be located within
any required side and rear landscape strip.
(b)
Location. Required side and rear landscape strips shall begin
at the inner limits of the front landscape strip and run parallel
to side and rear property lines. The required minimum width of these
side and rear landscape strips shall be a distance equal to 1/2 the
maximum proposed building height. (See Figure 5, Designated Landscape
Areas, Figure 6, Minimum Landscape Requirements, and Figure 7, Minimum
Landscape Heights.[7]) However, in no case shall the required width of any side
or rear landscape strip be less than 10 feet.
[Amended 3-11-1997]
[7]
Editor's Note: Figures 5, 6 and 7 are included at the end
of this chapter.
(c)
Plantings. Required side and rear landscape strips shall be
constructed so as to provide a dense visual four-season screen by
using one or a combination of any of the landscape options provided
in the following Table of Side and Rear Landscape Options (See Table
4, Table of Side and Rear Landscape Area Options. See also Figure
8, Side and Rear Landscape Options.[8])
[8]
Editor's Note: Table 4 and Figure 8 are included at the end
of this chapter.
(d)
Incentive bonuses. Healthy woodland provides for a dense landscape
screen more effectively than new plants. Healthy existing woodland
may be retained in order to fulfill planting requirements within side
and rear landscape strips. The minimum width of woodland retained
for the purpose of fulfilling side and rear landscape strip requirements
shall be equal to the maximum proposed building height; however, in
no case shall the required width of retained woodland be less than
30 feet.
[Amended 3-11-1997]
(5)
Exterior pavement landscape strip.
(a)
Intent. The exterior pavement landscape strip is intended to
create visual screening of automobile parking areas, create summer
shade along paved surfaces and reduce wind velocity across open lot
areas.
(b)
Location.[9]
[1]
The exterior pavement landscape strip shall be a fifteen-foot wide
strip running parallel to all parking and on-site driveway pavement
edges. In the case of frontage along public rights-of-way, the exterior
pavement landscape strip shall be located between the required front
landscape strip or a side or rear landscape strip and the proposed
pavement edge.
[2]
Where an exterior pavement landscape strip would immediately abut
a side or rear landscape strip (not facing a right-of-way) that section
of exterior pavement landscape strip may be waived.
(c)
Plantings. The exterior pavement landscape area shall be constructed
in accordance with one of the landscape options outlined within the
following Table of Exterior Pavement Landscape Options. (See Table
5, Table of Exterior Landscape Options.)[10]
[10]
Editor's Note: Table 5 is included as the end of this chapter.
(d)
Incentive bonuses. If any portion of a parking area or driveway
is immediately adjacent to a required side or rear landscape strip,
the provisions of this section shall not apply to that area. (See
Figure 9, Interconnected Parking Lots.[11]) A preserved strip (minimum six feet wide) of healthy,
dense, native vegetation, located within a required exterior parking
landscape strip, may be substituted for the planting requirements
in this section.
[11]
Editor's Note: Figure 9 is included at the end of this chapter.
(6)
Interior pavement landscape strips.
(a)
Intent. The intent of the interior pavement landscape strips
is to break up large expanses of pavement, provide summer shade on
pavement areas and reduce wind velocity across exposed surface areas.
(b)
Location.
[1]
The required interior pavement landscape strips shall be calculated
as a minimum of 5% of the total area of paved drives, parking areas,
etc. Interior landscape strips shall be required for all parking lots
with more than 20 parking spaces;
[2]
The required minimum interior landscape strips must be provided
within the limits of parking and/or drive pavements. The minimum landscaped
island size usable for satisfaction of these requirements shall not
be less than 250 square feet in total area. Parking lots which have
multiple parking aisles, which are approximately parallel, shall be
required to have planting strips not less than 15 feet wide, spaced
not further than 180 feet apart. (See Figure 10, Parking Lots With
Multiple Parking Aisles.[12])
[12]
Editor's Note: Figure 10 is included at the end of this chapter.
(c)
Plantings. islands and planting strips shall be planted with
indigenous shade trees, evergreen shrubs, and deciduous shrubs. The
required number of shade trees shall be calculated as one deciduous
tree (minimum caliper of 2 1/2 inches) per 400 square feet of
required interior landscape area. The number of shrubs shall be equal
to one shrub (minimum three-foot high) per 130 square feet of required
interior landscape strips. Required shrubs shall be 40% deciduous
and 60% evergreen species.
(d)
Incentive bonuses. Each healthy native tree with a minimum caliper
of four inches or greater, which is preserved within interior pavement
landscape strips, may be substituted for three new required tree plantings.
(7)
Signage landscape strip.
(a)
Intent. The intent of the signage landscape strip is to reestablish
ground cover where disturbed by sign installation and to screen the
foundation of monument or pedestal signs without blocking the view
of signage information.
(b)
Location. The signage landscape strip shall be a minimum four-foot
wide area surrounding each monument or pedestal sign base.
(c)
Plantings. All monument or pedestal sign bases shall be planted
with shrubs or ground cover with a minimum height and width of 18
inches at the time of planting.
(d)
Incentive bonuses. Healthy vegetation which is preserved in
the location of the signage landscape area, may be substituted for
the required plantings.
(8)
Screening of unsightly features.
(a)
Intent. This section is intended to preserve the visual aesthetics
of the Performance District by blocking or minimizing the view of
refuse, materials storage, loading/receiving docks, and utility installations.
[Amended 3-13-2012]
(b)
Location.
[1]
Refuse storage areas, stockpiled materials for packaging and
commercial/industrial by-products, and other materials stockpile areas
shall be located so as to be out of view from any abutting property
and/or public rights-of-way. In cases where this is not possible,
these items shall be properly located within a secured area which
has been effectively screened. As a minimum, all such areas shall
be contained within a stockade, chain link, or similar enclosure which
is at least as tall as the object(s) to be screened. Further, the
perimeter of any such enclosure shall be subject to the landscape
screening requirements outlined herein.
[2]
Loading docks and receiving areas, as well as large aboveground
utility fixtures, shall be located so as to be out of view from abutting
properties and/or public rights-of-way. In cases where this is not
possible, these facilities shall be effectively screened in accordance
with the minimum landscape screening requirements outlined herein.
("Large aboveground utility fixtures" are defined as any public or
private utility component which has a total footprint area of greater
than 50 square feet, or has an average height of more than four feet.)
(c)
Plantings. Minimum landscape screening requirements for use
in satisfying each of the above criteria shall include the planting
of one evergreen tree or shrub per 10 linear feet of required screen
length or perimeter. The height of required trees or shrubs shall
be equal to 1/2 of the maximum height of the item requiring the screen
at the time of planting. Required plantings shall be placed at regular
spacings so as to maximize the overall density of the landscape screen.
(d)
Incentive bonuses. An enclosure either attached or detached
from a principal structure, constructed of rigid architectural materials,
which are visually compatible with those of the principal structure,
may be used to satisfy the requirements of this section and may be
substituted for the requirements outlined above.
[Amended 3-8-1994]
A.
Intent.
(1)
In order to provide for safe and adequate parking facilities which
do not detract from the overall aesthetic quality of development within
this District, minimum standards for off-street parking areas have
been developed.
(2)
The goals and objectives related to the development of these standards
are:
(a)
To insure that suitable off-street parking areas are provided
for all future sites within this District;
(b)
To promote the concept of interconnecting parking between adjacent
businesses as a means easing demands placed on public streets and
intersections, where and when feasible;
(c)
To promote the development of interior green space within parking
lots as a means of mitigating summer heat and as a location for winter
snow disposal;
(d)
To provide trees for summer shade and as means for diminishing
excessive wind velocity; and
(e)
To create off-street parking areas which do not detract from
the overall quality of development within this District.
B.
General performance standards for off-street parking.
(1)
All general and specific provisions of the off-street parking requirements
of the Bedford Land Development Control Regulations shall apply to
this district unless otherwise noted within this section or modified
by approval of the Planning Board.
[Amended 7-13-2011]
(2)
Neither the display of automobiles or other objects which may be
for sale nor the storage of raw or processed materials shall be permitted
within any required off-street parking spaces or their interconnecting
drives and/or aisles.
(3)
Adequate space within, or immediately adjacent to, off-street parking
lots shall be provided for the storage of winter snow. Winter snow
shall not be placed within required off-street parking stalls, or
their aisles and/or interconnecting drives. All designated snow storage
area(s) shall be located and devised such that anticipated snow volumes
will not pose a threat to vehicular and/or pedestrian circulation.
Further, snow storage areas shall have adequate provisions made so
as to avoid icing or flooding of traveled areas during periods of
snow melt.
C.
Incentive bonus standards. An incentive bonus standard is provided
which omits landscape requirements associated with side and rear landscape
strips between those portions of adjacent sites where shared access
and interconnected parking occurs. (See Figure 9, Interconnected Parking
Lots.[1])
[1]
Editor's Note: Figure 9 is included at the end of this chapter.
A.
General provisions.
(1)
Often, careful site planning can minimize or even eliminate adverse
visual effects associated with necessary site elements, such as refuse
containers, material storage areas, loading docks/receiving areas,
and large aboveground utility fixtures.
(2)
Unfortunately, in many cases, unavoidable circumstances make it impossible
to effectively hide unsightly site elements from public view.
(3)
For this reason, the following minimum performance standards apply
to this district.
B.
Storage areas.
(1)
Refuse storage areas, stockpiled material packaging and commercial/industrial
by-products, material storage areas, and stockpiles shall be located
so as to be out of view from any abutting property and/or public right-of-way.
(a)
In cases where this is not possible, these items shall be properly
located within a secured area which has been effectively screened.
(b)
As a minimum, all such areas within view of adjoining properties
or public streets shall be contained within a stockade, chain link,
or similar enclosure which is at least as tall as the object(s) to
be screened.
(2)
Further, the perimeter of any such enclosure shall be subject to
the landscape.
C.
Loading docks/receiving areas and aboveground utility fixtures.
(1)
Loading docks and receiving areas, as well as large aboveground utility
fixtures, shall be located so as to be out of view from abutting properties
and/or public rights-of-way.
(2)
In cases where this is not possible, these facilities shall be effectively
screened in accordance with the minimum landscape screening requirements
outlined herein.
(3)
"Large aboveground utility fixtures" are defined as any public or
private utility component which has a total footprint area of greater
than 50 square feet or has an average height of more than four feet.
D.
Minimum landscape screening requirements. Minimum landscape screening
requirements for use in satisfying each of the above criteria include:
(1)
The planting of one evergreen tree or shrub, plus one additional
evergreen tree or shrub per 10 linear feet of required screen length
or perimeter;
(2)
The height of required trees or shrubs shall be equal to 1/2 of the
maximum height of the item requiring the screen at the time of planting;
and
(3)
Required plantings shall be placed at regular spacings so as to maximize
the overall density of the landscape screen.
E.
Enclosures. An enclosure, either attached or detached from a principal
structure, constructed of rigid architectural materials which are
visually compatible with those of the principal structure, may be
used to satisfy the requirements of this section and may be substituted
for the requirements outlined above.
[1]
Editor's Note: Former § 275-66, Minimum landscape requirements for signage, was repealed 3-11-2014. See § 275-63E(7).
A.
Plantings. All plantings required by this article shall be installed
according to accepted horticultural standards and shall be regularly
maintained. Required plantings shall be replaced as necessary in order
to maintain compliance with these zoning requirements.
B.
Dimensions and terms. Tree and shrub dimensions and terms used within
this article are referenced to American Standards for Nursery Stock,
as published by the American Association of Nurserymen.
C.
Incentive bonus standards. Several incentive bonus standards related
to this article allow for the substitution of retained vegetation
for required plantings.
(1)
Verification of plantings. In situations where these various incentives
are exercised, officials of the Town of Bedford or their representatives
shall have the ability to verify the effectiveness, health, size,
and number of retained plantings at the completion of construction.
(2)
Correction of deficiencies. Any deficiencies found with regard to
these items shall be corrected and may require the installation of
additional plantings prior to the issuance of a certificate of occupancy
for the property.
D.
Reclamation of disturbed areas. All areas disturbed by construction
shall be covered with a minimum thickness of four inches of suitable
topsoil and be subsequently planted with grass seed, sod, or other
vegetative ground cover.
E.
Waiver of landscape requirements when necessary for public safety.
None of the landscape requirements contained within this article shall
be construed so as to require installation, where proper site distance
at drives or along public streets may be inhibited by such improvements.
The Planning Board may omit any landscape requirements of this article
when deemed to be necessary, for reasons of public safety.
A.
ADDRESS SIGN
ANIMATED OR MOVING SIGN
CANOPY EAVELINE; EAVELINE
CENTER IDENTIFICATION SIGN
DIRECTORY SIGN
DOUBLE-FACED SIGN
HEIGHT OF SIGN
IDENTIFICATION SIGN
ILLUMINATED SIGN
MONUMENT SIGN
NONCONFORMING SIGN
SIGN
SIGN AREA
WALL SIGN
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The street address shall be included as part of a directory/monument
sign.
Any sign that has moving or rotating components, flashing
lights, or special materials to illustrate action or create a special
effect or scene.
The bottom of the roof eave or the canopy eave. An eave as
defined herein does not include the parapet of a flat-roof building.
(See Figures B and C.)
|
Figure B
 |
Figure C
 |
A freestanding sign that is either a monument or directory
type. (See Figure 11, Center Identification Sign.[1])
A separate structure supported from the sides. A sign for
identification of the business or center as a whole and for listing
the major tenants and their building numbers/address numbers. (See
Figure 11, Center Identification Sign.)
A single freestanding structure designed with the intent
of providing advertising on both sides.
The greatest vertical distance measured from the finished
ground below the middle of the sign to the highest element of the
sign.
A sign that illustrates the name, name and logo, type of
business, or identifies a particular establishment.
A sign lit with either an internal or external artificial
light source.
A separate structure supported from grade to the bottom of
the sign with a base or wall that is larger than the sign. A sign
for identification of the business or center as a whole and for listing
the major tenants and their building numbers/address numbers. (See
Figure 11, Center Identification Sign.)
A legally established sign which fails to conform to the
regulations as presented or referenced herein.
Any object, devise, display, structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct, or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination, or projected images.
The entire face, including the surface and any molding, framing,
and projections, but not including the base, wall or column supports.
Individual letters and logos mounted on a building without any distinguishing
border, panel or background shall be measured by the area of the smallest
rectangle enclosing all of the words, symbols and logos. If the symbol
or logo is irregularly shaped or taller than the text, the sign area
shall be the area of the smallest rectangle enclosing the text plus
the area of the smallest rectangle enclosing the logo or symbol.
[Amended 3-8-2016]
A sign fastened or painted onto a wall.
[1]
Editor's Note: Figure 11 is included at the end of this chapter.
B.
General provisions.
(1)
The adopted Bedford Zoning Ordinance, revised March 9, 1993, Article IX, Signs, § 275-73, General provisions, Subsections A through U, and § 275-75, Political signs, shall apply to the Performance Zoning District. (See Table 6, Table of Performance Sign Standards.[2])
[Amended 3-13-2012; 3-28-2023]
[2]
Editor's Note: Table 6 is included as an attachment to this chapter.
(2)
A sign pertaining to the lease or sale of a lot or building on which
it is placed shall be allowed as long as such sign does not exceed
18 square feet.
(4)
Prohibited signs. Animated, moving, flashing, and noisemaking signs
are not permitted.
(5)
Lettering on a sign. The letter area, as it relates to the overall
sign background area, shall be in proportion. In general, letters
shall not appear to occupy more than 75% of the sign panel area.
C.
Identification signs (building) are subject to the following design
standards:
[Amended 3-8-2016]
(1)
Signs on a building wall or eaveline shall be compatible with the
predominant visual elements of the building, shall not obscure architectural
details or windows, and their location shall be shown on the proposed
architectural elevations.
(3)
The use of backlit, individually cut, letter signs is encouraged.
(4)
Wall and eaveline sign locations. (See Figures D and E.)
|
Figure D, Eaveline Sign
 |
|
Figure E, Wall Sign
 |
D.
Center identification sign (freestanding) (See Figure 11.[3])
(1)
Freestanding signs shall include the identification of the business
or center as a whole and major tenant and street address range included
within the center. A freestanding sign shall be either a monument-
or directory-type sign.
(2)
A minimum of 10% of the sign area shall be devoted to the identification
of the building or center by name.
(3)
Freestanding monument signs or directory signs shall be placed perpendicular
to approaching vehicular traffic. (See Figure F below.)
|
Figure F
 |
[3]
Editor's Note: Figure 11 is included as an attachment to this chapter.
A.
General provisions. In order to facilitate vehicular and pedestrian
safety, promote property security, and enhance the overall use of
properties within this district, exterior site lighting shall be required
for all permitted uses subject to site plan review.
B.
Illumination levels for exterior site lighting. Exterior lighting
levels shall follow the recommended illumination levels found in the
Illumination Engineering Society Lighting Handbook, most current edition.
C.
Design of external light fixtures.
(1)
In order to minimize glare and other adverse effects associated with
exterior lighting, all exterior lighting fixtures shall be of a design
that provides for full cutoff luminaires. A full cutoff luminaire
shall mean a luminaire light distribution where zero candela intensity
occurs at or above an angle of 90° above nadir and the candela
per 1,000 lamp lumens does not numerically exceed 100 (10%) at an
angle 80° above nadir. This applies to all lateral angles around
the luminaire.
[Amended 3-13-2007]
(2)
Further, all fixtures shall be positioned and/or installed in such
a fashion as to prevent unwanted incidental illumination of abutting
properties and streets. (See Figure 12, Design of External Lighting
Fixtures.[1])
[1]
Editor's Note: Figure 12 is included as an attachment to this chapter.
A.
General provisions.
(1)
Environmental performance standards specific to the Performance District,
enumerated herein, have been developed in order to protect the long-term
environmental quality and overall vitality of this district.
[Amended 3-13-2012]
(2)
The variety of permitted uses, taken together with often intensive
land use patterns and an inventory of environmental resources specific
to this district, necessitates this series of environmental performance
standards.
(3)
In addition to the provisions of this article, development within
this district shall also be subject to applicable local, state, and
federal land use controls and regulations. The content of this article
shall not be construed to imply relief from the requirements of state
or federal statutes.
B.
Performance standards related to noise.
(1)
Intent. These performance standards governing noise are intended
to ensure that the rights of property owners, as well as the overall
health and general welfare of the district, are not diminished by
unreasonable noise levels generated within the district.
(2)
Maximum permissible sound level. The maximum permissible sound level
produced by any continuous, regular, or frequent source of sound or
noise, produced by any permitted use or activity within this district,
shall not exceed a measurable level of 75 dB beyond the property boundaries
of the site upon which the sound or noise is generated or originates.
(3)
Sound or noise abatement. In order to comply with these maximum sound
level requirements, sound or noise level abatement techniques may
be used to mitigate levels of site-generated sound or noise. To this
end, modern acoustical technology may be applied to achieve compliance
with these regulations.
(4)
Measurements of sound or noise. In cases where sound measurements
are required in order to ensure compliance with these regulations,
measurements shall be taken:
(a)
With a device meeting the standards of the American Standards
Institute, American Standard Specifications for General Purpose Sound
Level Meters;
(b)
At a height of four feet above prevailing grade at the property
boundary in question;
(c)
With the instrument set to the A-weighted response scale; and
(d)
Recorded by an individual familiar with sound measurement and
the particular devise being used.
(5)
Exemptions.
(a)
Activities related to public and private construction or maintenance
work, agriculture, timber harvesting, emergency warning devices, and
other similar short-term or temporary uses may be administratively
exempted from the requirements of this section if, in the opinion
of the Zoning Administrator or his/her agent, sufficient reason exists
to do so.
(b)
In these special circumstances, the Zoning Administrator may
place reasonable conditions (such as time limitations and hours of
operation) on such an exemption.
C.
Performance standards related to the protection of wetlands. All provisions of Article IV, Wetlands Conservation, of this chapter shall apply to all areas within the Performance Zoning District.
[Amended 3-13-2012]
D.
Performance standards related to the development of steep slope areas.
(1)
Definition of steep slope areas. For the purposes of this section,
steep slope areas shall be defined as naturally existing, continuous
areas of land, with a contiguous area of 1/2 acre or more, which have
an average cross slope gradient steeper than 25%.
(2)
Restrictions in steep slope areas. In order to guard against hazards
implicit in the development of steep slope areas, construction within
these areas shall be limited to those activities which are incidental
to the use and/or development of land outside of a steep slope area
and shall be subject to the following restrictions:
(a)
No portion of a steep slope area shall be used for the construction
of leaching beds or trenches which are part of a subsurface sewage
disposal system;
(b)
No permanent structures shall be erected on a steep slope area;
(c)
Not more than 50% of a steep slope area shall be cleared of
healthy existing vegetation;
(d)
Portions of a steep slope area affected by construction activities
shall be given special attention with regard to erosion control; and
(e)
No portion of a steep slope area shall be subject to discharge
from a stormwater management system.
E.
Performance standards related to nuisance odors. Uses and activities
which produce continuous, regular, or frequent odors and/or emissions,
detectable beyond the boundary of the property from which the odor
originates, may be prohibited, in whole or in part, if the odor or
emission in question is a known health risk or danger or if the Zoning
Administrator judges such odor or emission to be harmful to the rights
of others to enjoy their property(s).
A.
Purpose.
(1)
Pursuant to RSA 483-B and the 1990 Bedford Master Plan, this section
establishes standards for the subdivision, use, and development of
shorelands within 250 feet of public waters, herein identified as
the Merrimack River, for the purpose of minimizing degradation of
shorelands and assuring retention of the benefits provided by such
shorelands.
(2)
These benefits include:
(a)
Prevention and/or mitigation of water pollution;
(b)
Protection of important fish, bird, and wildlife habitat;
(c)
Reduction or elimination of flooding and accelerated erosion;
(d)
Protection of wetlands;
(e)
Maintenance of water quantity and related stream flows;
(f)
Protection of shoreland cover as a means of maintaining water
quality; and
(g)
The conservation of natural scenic and recreational assets of
the Town of Bedford and the State of New Hampshire.
B.
BASAL AREA
DISTURBED AREA
GROUND COVER
NATURAL WOODLAND BUFFER
ORDINARY HIGH-WATER MARK
PRINCIPAL BUILDING SETBACK
PROTECTED SHORELAND
PUBLIC BOUNDARY LINE
PUBLIC WATERS
SAPLING
SHORELAND FRONTAGE
SHRUB
TREE
WATER-DEPENDENT STRUCTURE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The cross sectional area of a tree measured at a height of
4 1/2 feet above the ground, usually expressed in square feet
per acre for a stand of trees.
An area in which natural vegetation is removed, exposing
the underlying soil.
Any herbaceous plant which normally grows to a mature height
of four feet or less.
A forested area consisting of various species of trees, saplings,
shrubs, and ground covers in any combination and at any stage of growth.
The line on the shore, running parallel to the main stem
of the river, established by the fluctuations of water and indicated
by physical characteristics such as a clear impression on the immediate
bank, shelving, soil characteristics, vegetation markings, and the
presence of water-deposited debris. Where the ordinary high-water
mark is not easily discernible, the mark shall be determined by a
soil scientist certified by the State of New Hampshire.
A minimum area of 50 feet measured in a line parallel with
the public boundary line (ordinary high-water mark of the Merrimack
River) from which any principal building on a lot must be set back.
All land located within 250 feet of the public boundary line
(ordinary high-water mark) of the Merrimack River.
The ordinary high-water mark of the Merrimack River.
The Merrimack River, which is a fourth order all-year-round
flowing water.
Any woody plant which normally grows to a mature height greater
than 20 feet and has a diameter less than six inches at a point 4 1/2
feet above the ground.
The average of the distances measured along the public boundary
and along a straight line drawn between the points at which the public
boundary intersects the side lines of the property.
Any multistemmed, woody plant which normally grows to a mature
height of less than 20 feet.
Any woody plant which normally grows to a mature height greater
than 20 feet and which has a diameter of six inches or more at a point
4 1/2 feet above the ground.
A dock, wharf, pier, breakwater, swimming float, boat ramp,
or other similar structure or part thereof.
C.
Permitted uses.
(1)
(2)
Permitted uses of this article and are subject to the following conditions:
(a)
All new lots subdivided and new habitable structures built within
the two-hundred-fifty-foot shoreland protection boundary shall be
served by municipal water and municipal sewer.
(b)
All disturbed areas, construction, and/or development activities
shall incorporate design standards for erosion and sedimentation control
which, at a minimum, shall follow the recommendations of the publication
Stormwater Management and Erosion and Sediment Control Handbook for
Urban and Developing Areas in New Hampshire, August 1992, prepared
by the Rockingham County Conservation District for the New Hampshire
Department of Environmental Services.
(c)
Activities within the two-hundred-fifty-foot protected shoreland
area shall adhere to the following:
[1]
All proposed disturbance, construction, and/or development activities
within the two-hundred-fifty-foot protected shoreland area (exempting
agricultural activities utilizing best management practices in conformance
with the New Hampshire Department of Agriculture and development/maintenance
of the New Hampshire Heritage Trail) shall first receive approval
from the Bedford Planning Board in accordance with the Bedford Nonresidential
Site Plan Regulations.
[2]
Applications to the Bedford Planning Board shall include a site
plan, pre- and post-development drainage calculations, a grading plan,
a stormwater management and erosion/sedimentation plan, and a landscape
plan, prepared by a professional engineer certified by the State of
New Hampshire.
D.
Restricted uses. The following uses shall require a review or permit
from the New Hampshire Department of Environmental Services, the New
Hampshire Wetlands Board, the United States Army Corps of Engineers,
and/or the United States Environmental Protection Agency, in addition
to site plan approval from the Bedford Planning Board:
E.
Prohibited uses. Prohibited uses shall include the following:
(1)
Salt storage sheds;
(2)
Automobile junkyards;
(3)
Solid or hazardous waste facilities;
(4)
Use of any fertilizers (exempting fertilizers used as part of agricultural
operations in conformance with best management practices of the New
Hampshire Department of Agriculture) other than lime and/or wood ash;
and
(5)
The dumping of snow and ice collected from roadways or parking areas
outside the Performance Zoning District.
[Amended 3-13-2012]
F.
Natural woodlands buffer.
(1)
Where existing, a natural woodland buffer shall be maintained within
250 feet of the public boundary line, i.e., the ordinary high-water
mark of the Merrimack River, excluding existing and ongoing agricultural
activities and development/maintenance activities related to the New
Hampshire Heritage Trail.
(2)
Within the natural woodland buffer, the following shall apply:
(a)
Not more than a maximum of 50% of the basal area of trees, a
maximum of 50% of the total number of saplings, and a maximum of 50%
of the total area of ground cover shall be removed for any purpose
within a twenty-year period.
(b)
Replacement planting with native or naturalized species may
be permitted to maintain the fifty-percent level, subject to Bedford
Planning Board approval.
(c)
Vegetation which is removed to clear an opening for building
construction, sewer, water, other utility line extension, or the New
Hampshire Heritage Trail shall be excluded when computing the percentage
limitations.
(d)
Stumps and their root systems which are located within 50 feet
of the public boundary line shall be left intact, in the ground.
G.
Setbacks. No principal or accessory structure, excluding water-dependent
structures, shall be located within 50 feet of the pubic boundary
line, i.e., the ordinary high-water mark of the Merrimack River.
I.
Administration and enforcement. See Article XI of this chapter. All development activities within the two-hundred-fifty-foot protected shoreland area (exclusive of agricultural activities and development/maintenance of the New Hampshire Heritage Trail) shall be required to submit an as-built building and site plan prepared by a professional engineer certified by the State of New Hampshire prior to issuance of a certificate of occupancy by the Bedford Building Code Official.
A.
Purpose. It is the purpose of this section to establish reasonable
and uniform regulations to prevent the concentration of sexually oriented
businesses within the Town of Bedford.
B.
Intent.
(1)
It is the intent to promote the health, safety, and general welfare
of the citizens of the Town of Bedford; and it is the intent of this
section that the regulations be utilized to prevent problems of blight
and deterioration which accompany and are brought about by the concentration
of sexually oriented businesses; and the provisions of this section
have neither the purpose nor the effect of imposing limitation or
restriction on the content of any communicative materials, including
sexually oriented materials;
(2)
It is not the intent nor the effect of this section to restrict or
deny access by adults to sexually oriented materials protected by
the First Amendment, or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market; and neither
is it the intent nor the effect of this section to condone or legitimize
the distribution of obscene material.
C.
Allowed locations and location restrictions of adult entertainment
businesses.
(1)
Allowed locations. Adult entertainment businesses, defined in § 275-60, are permitted only in the PZ District, provided that all other regulations, requirements, and restrictions for the zone in which the adult entertainment business is to be located are met; and no entertainment business shall be permitted within 1,000 feet of another existing adult entertainment business or one for which a building permit has been applied for; and
(2)
Location restrictions.
(a)
No adult entertainment business shall be permitted within 1,000
feet of any other zoning boundary, except when the boundary is bordered
by a four-lane highway;
(b)
No adult entertainment business shall be permitted within 1,000
feet of any church, place of worship, parish house, convent, public,
parochial, or private school, kindergarten, state-approved day-care
center or public sports/recreation parks; and no adult entertainment
business shall be permitted within 1,000 feet of the Town boundaries;
(c)
No adult entertainment business shall be permitted within 500
feet of an existing residence; and
(d)
No adult entertainment business shall be permitted within 1,000 feet of another existing adult entertainment business on the date of the passage of this section, and no adult entertainment business shall be permitted within a building, premises, structure or other facility that contains a sexually oriented business as defined in the definitions § 275-60 of the Performance Zone.
D.
Measure of distance. The distance between any adult entertainment
business and a church, school, residence, etc., or another adult entertainment
business shall be measured in a straight line, from property boundary
to property boundary, without regard to intervening structures.
E.
Additional reasonable regulations. The Planning Board is empowered
hereunder to review and approve permit applications for adult entertainment
businesses and impose reasonable restrictions for buffering, outdoor
lighting, parking, adequate ingress and egress from the site off of
and onto public roads, pedestrian movement, and to provide for appropriate
landscaping and building aesthetics in the Nonresidential Site Plan
Review Regulations of the Town of Bedford, New Hampshire, and to avoid
site development layout which may result in negative environmental
impacts.[1]
[1]
Editor's Note: Original Article 45-10, Off-Street Parking
Requirements, which immediately followed this section, was moved to
the Bedford Land Development Control Regulations, which are on file
in the Clerk's office.
