The following provisions are applicable to all uses in any district
and are in addition to any other provisions throughout this chapter
or any other applicable regulation:
B.
Visibility at intersections. On a corner lot nothing shall be erected,
placed, planted or allowed to grow in such a manner as to materially
obstruct vision between the height of 21/2 feet and eight feet above
the adjoining street grade in the area bounded by the street right-of-way
lines of the corner lot and a line joining the points on said street
right-of-way lines 20 feet from their point of intersection.
C.
Building on unaccepted streets. The purpose of this subsection is
to regulate the issuance of building permits for the erection of buildings
on lots abutting unaccepted highways or streets.
(1)
No building permit shall be issued and no building shall be erected
on any lot within the City unless the street giving access to the
lot shall have been accepted by the City or such street corresponds
in its location and lines with a street shown on a subdivision plan
approved by the Planning Board.
(2)
The provisions of this section shall not prevent the issuance of
a building permit for construction of farm or accessory buildings
which are not in violation of any lawful City of Laconia regulations
and ordinances.
(3)
When existing conditions warrant or when there has been sufficient
proof of substantial previous construction on the street, the Planning
Board may vary this section and authorize the issuance of a building
permit. The Board shall consider the desirability or feasibility of
the development of a public road in view of public health, safety,
convenience or welfare.
A.
Manufactured housing units.
(1)
Installation. The installation of manufactured housing units shall
comply with Title 24, United States Department of Housing and Urban
Development, Part 3280, Manufactured Home Construction and Safety
Standards, and all applicable City codes and ordinances.
(2)
Additions. On-site additions are permitted and may include attached garages, carports, porticos, porches, decks and living spaces, provided that the manufactured housing unit complies with the United States Department of Housing and Urban Development standards referenced in Subsection A(1). Additions to manufactured housing units which are not in compliance with these standards shall not be permitted.
(3)
Nonconforming locations. Existing manufactured housing units which are nonconforming by use may be expanded, subject to the limitations and conditions of Subsection A(1) and (2) above. Such a nonconforming unit may be replaced with another manufactured housing unit, including the replacement of a single section unit with a double-wide unit, provided that setback and green space requirements are maintained. The installation of a replacement unit shall comply with the requirements of Subsection A(1).
(4)
Temporary placement. In any zoning district, the owner-occupant of a dwelling which is damaged by fire or other disaster may place a manufactured housing unit on the lot of such residence and temporarily reside in the manufactured housing unit while the residence is being rebuilt, provided that the manufactured home is installed in compliance with City regulations relating to water supply and sewerage disposal. The period of such occupancy shall expire 12 months from the placement of the manufactured housing unit or until the issuance of a certificate of occupancy, whichever occurs first. A manufactured housing unit which is installed as a temporary dwelling under this Subsection A(4) shall not attain the status of a vested nonconforming use. (See RSA 674:32, II, Manufactured housing.)
B.
Cluster development:
[Amended 10-14-1997 by Ord. No. 10.97.10; 8-13-2001 by Ord. No. 05.2001.05, 1-28-2008 by Ord. No.
01.2008.01]
(1)
Authority and permits and fees required. Cluster development for
conventional housing is an innovative land use control. Applications
filed must be filed concurrently under both subdivision regulations
and site plan regulations. All applications as required to be filed
with the Planning Board for a cluster development shall be filed concurrently.
Cluster applications are subject to a reduction in the overall Planning
Department fee of 25%.
(2)
Purpose and objective. Cluster development is permitted to allow
an alternative to the provisions of conventional residential subdivision
practices and to encourage the environmentally sound development of
land, to preserve open space, to protect natural resources and to
create attractive living environments. More specifically, the objectives
of cluster development are to:
(a)
Allow flexibility and creativity in design.
(b)
Discourage development sprawl and consumption of rural open
space and/or agricultural land.
(c)
Create residential environments which provide adequate open
space and common area amenities adjacent to living areas.
(d)
Encourage the economical, efficient and environmental provision
of public services.
(e)
Provide a more efficient use of land in harmony with its natural
characteristics.
(f)
Preserve usable contiguous open space, significant archaeological
resources, agricultural land, tree cover, recreation areas, scenic
vistas, undeveloped lengths of shorefront and wildlife habitats.
(g)
Protect water quality.
(3)
ACCESSORY RESIDENTIAL USES
ACTIVE, SUSTAINABLE TIMBER MANAGEMENT
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
BUILDABLE SQUARE FOOTAGE OF THE TRACT
CONSERVATION OPEN SPACE, RECREATIONAL VEHICLE ACCESS CROSSINGS
CONTIGUOUS OPEN SPACE
ENERGY EFFICIENT BUILDING DESIGN
HIGH-VALUE CHARACTERISTICS OF THE LAND
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
LEED DESIGN GUIDELINES
OLDER GROWTH STANDS OF TREES
PEDESTRIAN TRAIL SYSTEMS, NONMOTORIZED
RECREATIONAL TRAIL NETWORKS, MOTORIZED
RIDGELINES
SCENIC VISTAS
SIGNIFICANT OR UNIQUE STAND OF TREES IN GOOD HEALTH
STEEP SLOPES
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Any use customarily incidental, related and clearly subordinate
to a principal use established on the same lot or premises.
Management of the forest must ensure that harm to ecosystems
is minimized, that productivity of the forest is maintained, that
forest ecosystem health and vitality is maintained, that biodiversity
is maintained by:
Appropriate assessment of impacts and planning to minimize impacts.
Protection of soil, water and biodiversity.
Management of natural processes, fires, pests and diseases,
including controlled and appropriate use of chemicals and use of integrated
pest management wherever possible.
Proper disposal of wastes to minimize any negative impacts.
Adequate training of all personnel, both employees and contractors.
Harvest levels that do not exceed the long-term production capacity
of the forest, based on adequate inventory and growth and yield data.
Adequate protection of the forest from unauthorized activities
such as illegal logging, mining and encroachment.
Implementation of safeguards to protect rare, threatened and
endangered species.
The conservation/set-aside of key ecosystems or habitats in
their natural state.
The protection of features and species of outstanding or exceptional
value.
All of the area of a parcel, except any submerged land area;
high-tension power line easements; the area of any proposed public
or private street rights-of-way; Steep slopes, greater than 25%; streams,
seasonal drainageways, or wetlands. (from Goffstown Open Space Development
Regulations)
An area where a pedestrian trail system or recreation trail
network requires a crossing of a body of water, wetland or wetland
buffer. Crossing is to be low impact and for the purpose of pedestrian,
bicycle or motorized vehicle only and not for automobile, emergency
vehicles or maintenance vehicles.
Open space that is proposed in one large block of area and
not finger-like, spanning out in several corridors in order to fit
around lots or other development infrastructure. The contiguous open
space should encourage a development pattern that arranges the layout
of buildings in a compact area of the site so as to preserve and protect
a blocky portion of the site for recreational or natural open space
as an integral part of the overall plan. Continuous open spaces or
greenways by linking the common open spaces in adjoining subdivisions
is encouraged wherever possible.
Structures that incorporate the principals of sustainable
design; design in which the impact of a building on the environment
will be minimal over the lifetime of that building. Green buildings
incorporate the principals of energy and resource efficiency, practical
applications of waste reduction and pollution prevention, good indoor
air quality and natural light to promote occupant health and productivity,
and transportation efficiency in design and construction during use
and reuse (EPA).
Natural, cultural, and scenic resources on the property proposed
to be developed to include, but not limited to:
Scenic vistas.
Valuable wildlife habitat, such as bedding, breeding and nesting
areas, the habitat of faunal species listed as endangered, threatened
or of special concern by the NH Natural Heritage Inventory and/or
by the NH Fish and Game Department's Non-Game and Endangered Wildlife
Program.
Unique stands of trees, older growth stands of trees, flora
species listed as endangered, threatened or of special concern by
the NH Natural Heritage Inventory.
Open water, waterways, stream channels, seasonal runoff channels, floodplains, wetlands, the adjacent buffers as defined in § 235-17.
Stonewalls.
Historic sites and features (such as foundations, cemeteries,
etc.), and significant archeological resources.
Steep slopes, greater than 25%.
Ridgelines.
Existing or planned trails connecting the tract to other locations
including but not limited to the WOW trail and the Riverwalk.
Prime (federal designation) and Important (state designation)
agricultural soils.
Ledge outcroppings, significant boulders.
The Leadership in Energy and Environmental Design (LEED)
LEED Green Building Rating System is the national benchmark for high-performance
green buildings. LEED promotes a whole-building approach to sustainability
by recognizing performance in five key areas of human and environmental
health: sustainable site development, water savings, energy efficiency,
materials selection, and indoor environmental quality. LEED design
guidelines are provided by the Green Building Council.
A group of not fewer than five trees, with a purity of species
composition or of a rare and unusual nature or historical significance
with a minimum trunk diameter of not less than nine inches as measured
at breast height.
A path or trail physically separated from motor vehicle traffic
by open space and built to accommodate low-impact activities, such
as walking or hiking; may include nonmotorized modes of recreation,
such as bicycling and rollerblading, as long as such activities maintain
a low potential for impact to the natural resources and nuisance to
adjacent property owners.
A path or trail physically separated from motor vehicle traffic
by open space and built to accommodate high-impact activities, such
as snowmobiling, dirt bikes and ATVs.
A line connecting the highest points along a ridge and separating
drainage basins or small-scale drainage systems from one another.
An area in which a view of a particular scenic beauty or
historically significant area is achievable.
Trees that are six inches or greater in diameter at breast
height, in good health, of a noninvasive species and/or present a
significant visual impact on the surrounding area or landscape.
All land area with a slope equal to or greater than 25%.
(4)
Permitted uses.
(a)
Residential. Residential and accessory residential uses shall be as permitted in the district located where the cluster development is located. Residential uses shall be prohibited in any open space category except as allowed in Subsection B(6)(l)[1] and [2], Nonconforming structures and uses.
(b)
Amenities. In addition to the residential uses as permitted,
the following amenities may be permitted in designated common area
or open space as indicated, except in the case where they are not
permitted in the underlying zone, for example: horse stables in the
RG Zone. The Planning Board, where it deems appropriate, may allow
similar uses, provided that they meet the objectives of the specific
open space category in which they are located. The Planning Board
shall consider the scale of development and its market orientation
in evaluating the adequacy of the amenity plan.
[1]
Active use common area.
[a]
Courts, indoor and outdoor.
[b]
Golf course/driving range.
[c]
Swimming pool.
[d]
Playground/athletic fields.
[e]
Common beaches.
[f]
Boat launch/docks.
[g]
Community center/clubhouse.
[h]
Horse stable and paddocks.
[i]
Fitness center/spa.
[j]
Day-care facility.
[k]
Guardhouse.
[l]
(Reserved)
[m]
Uses permitted in limited and conservation open
space.
[n]
Community utilities.
[o]
Directional/incidental signs.
[p]
Accessory building/structure.
[q]
Nonmotorized boat launch; cannot include a ramp.
[r]
No more than 1,500 square feet of commercial space.
Uses are as permitted in the underlying zones.
[2]
Limited use open space.
[a]
Agriculture, including greenhouses/community gardens.
[b]
Active, sustainable timber management.
[c]
Recreational trail networks.
[d]
Picnic area.
[e]
(Reserved)
[f]
Uses permitted in conservation open space.
[g]
Community utilities incidental to uses listed in
Subsection B(4)(b)[2[a] through [f].
[h]
Directional and incidental signs.
(5)
Application procedure. The conceptual application procedure consists
of a three-step process in which the applicant presents preliminary
information, through a conceptual review, to the Planning Board. As
part of the application, the applicant shall follow the conceptual
review process in determining the layout of the proposed subdivision.
(a)
Conceptual review. As part of the conceptual review, the applicant
shall provide the following information in the following order:
[1]
Mapping the high-value characteristics of the land.
[a]
The applicant shall identify and delineate the
natural, cultural, and scenic resources on the property to include,
but not be limited to:
[i]
Scenic vistas.
[ii]
Valuable wildlife habitat, such as bedding, breeding
and nesting areas, the habitat of faunal species listed as endangered,
threatened or of special concern by the NH Natural Heritage Inventory
and/or by the NH Fish and Game Department's Non-Game and Endangered
Wildlife Program.
[iii]
Unique stands of trees, older growth stands of
trees, flora species listed as endangered, threatened or of special
concern by the NH Natural Heritage Inventory.
[iv]
Open water, waterways, stream channels, seasonal runoff channels, floodplains, wetlands, the adjacent buffers as defined in § 235-17.
[v]
Stone walls.
[vi]
Historic sites and features (such as foundations,
cemeteries, etc), and significant archeological resources.
[vii]
Steep slopes, greater than 25%.
[ix]
Existing or planned trails connecting the tract
to other locations including but not limited to the WOW trail and
the Riverwalk.
[x]
Prime (federal designation) and Important (state
designation) agricultural soils.
[xi]
ledge outcroppings, significant boulders.
[b]
The applicant shall present a separate map of land
characteristics to the Planning Board to establish the priority for
use of land development and conservation of resources. High-value
characteristics of the land are to be protected in the proposed open
space.
[c]
Identifying building sites. The applicant shall
identify the approximate sites of individual buildings within the
proposed development areas to include the delineation of buildings
and use envelopes, private yards and shared amenities so as to reflect
an integrated community.
[d]
Aligning streets and site amenities. The applicant
shall align streets and site amenities in order to protect high-value
characteristics of the land, access buildings, optimize efficiency
of infrastructure, and provide the potential for connectivity to external
sites and amenities. For example, trails should be laid out to create
internal and external connection to existing and/or potential future
streets, sidewalks, and trails. Buildings, roadways and amenities
shall be shown on an overlay map also presented to the Planning Board.
(b)
The applicant shall proceed to the formal submittal upon recommendation
of the Planning Board. The preliminary review shall include all submissions
as required by the Subdivision Regulations and the following.
(6)
Development standards.
(a)
Exemptions. Cluster developments, lots and/or building envelopes
are exempt from lot size, lot dimensions, green space, buildable land
area and setback requirements of the base district.
(b)
Unit number. No minimum number of residential units is required.
(c)
Tract size. Minimum tract size is 10 acres.
(d)
Height restrictions shall be as allowed in the base district.
(e)
Density. The maximum number of units within a single development
tract parcel shall be determined as follows: The gross square footage
of the parcel shall be divided by the minimum land area required for
a residential lot in the district. A fractional remainder of 0.5 or
greater shall be rounded down to the next whole number. This shall
be the allowed density of the cluster development. If the development
is in more than one district, each district shall be calculated separately
and the totals combined.
[1]
A density bonus of 10% may be granted by the Planning Board
if the developer provides for appropriate and suitable amenities above
and beyond trails.
[2]
A density bonus of 10% may be granted by the Planning Board
if the developer provides open space and common area greater than
60%.
[3]
A density bonus of 15% may be granted by the Planning Board
if the developer designs all units under the LEED design guidelines.
[4]
At no time, will any combination of bonuses and the density
bonus result in more than an increase of 25% in dwelling units. A
fractional remainder of 0.5 or greater shall be rounded down to the
next whole number.
(f)
Common area and open space. Fifty percent of the buildable square
footage of the parcel shall be designated as common area and/or open
space. Common areas and open space shall be contiguous and may include
buffer area and trail corridors.
[1]
Common area and open space plan.
[a]
The applicant shall provide a plan calling out
all high-value, natural, cultural or historic resources. A list of
resources to consider for preservation is as follows:
[i]
Scenic vistas.
[ii]
Valuable wildlife habitat, such as bedding, breeding
and nesting areas, the habitat of faunal species listed as endangered,
threatened or of special concern by the NH Natural Heritage Inventory
and/or by the NH Fish and Game Department's Non-Game and Endangered
Wildlife Program.
[iii]
Unique stands of trees, older growth stands of
trees, flora species listed as endangered, threatened or of special
concern by the NH Natural Heritage Inventory.
[iv]
Open water, waterways, stream channels, seasonal runoff channels, floodplains, wetlands, the adjacent buffers as defined in § 235-17.
[v]
Stone walls.
[vi]
Historic sites and features (such as foundations,
cemeteries, etc.), and significant archeological resources.
[vii]
Steep slopes, greater than 25%.
[ix]
Existing or planned trails connecting the tract
to other locations, including but not limited to the WOW Trail and
the Riverwalk.
[x]
Prime (federal designation) and Important (state
designation) agricultural soils.
[xi]
Ledge outcroppings, significant boulders.
[b]
This plan shall be used to define the areas for
all common area and open space and shall designate such areas. The
Planning Board shall consider the scale of development and its market
orientation in evaluating the adequacy of the open space plan. For
example, homes targeted at a family market may include amenities such
as playgrounds, bus stops and/or playing fields.
[2]
Common area and open space designations.
[a]
Active use/common area may be up to 25% of total
open space area. Designation of active use open space shall be for
the purpose of development of noncommercial amenities for the use
and enjoyment of the development residents. The natural landscape
may be altered with due consideration for unique features and significant
trees.
[b]
Limited use open space may be up to 25% of total
open space area. Designation of limited use open space shall be for
passive recreational uses which, when developed, maintain the integrity
of the natural landscape and provide use amenities for the residents.
[c]
Conservation open space shall be no less than 75%
of the total open space area. A combination of active and limited
open space can equal no more than 25%. Additionally, designation of
conservation open space is required for significant or unique environmentally
sensitive areas, including but not limited to wetlands, wildlife habitat,
endangered flora/fauna, stream beds and water bodies, significant
stands of trees, scenic vistas, archeological sites and graveyards.
Land area within conservation open space shall permanently remain
in its natural state except for maintenance and access to archeological
sites and graveyards.
[3]
Common area and open space protections.
[a]
All common areas and open spaces shall not be resubdivided.
All land to be restricted shall include a notation on the recorded
Mylar indicating this land is designated and restricted as open space
in accordance with RSA 674:21-a and shall be enforceable by the City
of Laconia.
[b]
The developer shall submit, prior to final approval,
such legal instruments as the Planning Board shall require prescribing
the manner of ownership, and maintenance of the parcel. Documents
will be approved by the Planning Board and any amendments subsequently
shall be approved by the Planning Board. The open space and common
area shall be protected in one of three ways:
[i]
A private nonprofit corporation, association or
other legal entity established by the applicant for the benefit and
enjoyment of the residents, such as a homeowners' or condo association.
[ii]
A public body that shall maintain the land as
open space for the benefit of the general public, such as the City
of Laconia.
[iii]
A private, nonprofit organization which has as
its purpose the conservation and preservation of open space through
ownership and control; provided, however, that the residents of the
development shall have access to the common area and open space or
appropriate recreational uses.
[4]
Common area and open space maintenance.
[a]
In the event that the party established to own
and maintain common open space or any successor organization shall
fail to maintain the common open space/facilities in a reasonable
order and condition, the Planning Department may serve written notice,
return receipt, upon such organization's president as it is registered
at the Attorney General's Office and shall demand that any deficiencies
of maintenance be cured in 30 days of receipt of said notice, or other
reasonable timeframe as designated by the Planning Board. In addition,
a trustee shall be designated by the homeowners' association to insure
that proper care of said common open space is continued. The trustee's
responsibilities shall include, but not be limited to, passive and
active recreational areas, retention ponds, drainage easements and
common septic disposal systems.
[b]
In the event that the maintenance deficiencies
have not been resolved within said prescribed time limits, the cost
of maintenance by another party, other than the City of Laconia, shall
become a tax lien on the properties within the subdivision. Entry
and maintenance of said common open space by the third party shall
not exceed a period of one year.
[c]
Before the expiration of said year, the Planning
Department shall, upon its initiative or upon the request of the organization
heretofore responsible for the maintenance of the common open space,
call a public hearing upon 15 days' notice to such organization or
the residents or owners of the development shall show cause why such
maintenance by the third party shall not, at the election of the City,
continue for a succeeding year.
[i]
If the Planning Board determines that said organization
is able to maintain said common open space in a reasonable condition,
the City shall cease to have such space maintained at the end of the
prescribed time limit.
[ii]
If the Planning Board determines that such organization
is not able to maintain said common open space in a reasonable condition,
the City may continue to have such land maintained by a third party
for a succeeding year, subject to a similar hearing and determination
in each year thereafter. The decision of the Planning Board in each
such case shall constitute the final administrative decision subject
to judicial review.
[d]
The cost of such maintenance shall be assessed
proportionately against the properties within the development that
have a right of enjoyment of the common open space and shall become
a tax lien on said properties. The City, at the time the third party
enters upon said common open space for the purpose of maintenance,
shall file a notice of such lien in the office of the City Assessor
and the Registrar of Deeds for Belknap County upon the properties
affected by such lien within the development, and the same shall be
discharged by the City upon payment as with other liens.
[5]
Common area and open space current use limitation. The common
area and open space areas in an approved subdivision are considered
to be part of the residential use of the development and shall not
be considered "open space land," "farmland," "wetlands," "recreation
land," "floodplain," or "wildland,, within the meaning of RSA 79-A,
nor can any common area and open space areas be considered land available
for wetlands mitigation.
(g)
Buffer area. The establishment of a buffer area along the perimeter
of the development is required to separate incompatible uses from
one another and to provide privacy for the development.
[1]
Buffer area vegetation. Retention of existing vegetation is
required. The Planning Board may, where existing vegetation does not
provide an adequate visual buffer or where a waiver for width is granted,
require additional landscaping within the buffer.
[2]
Dimensional requirements. The Planning Board may, upon a finding
that a purpose of the buffer is met and the unique characteristics
of the development area warrant, grant a waiver to the minimum dimension
in accordance with the following:
(h)
Setback requirements. Structures are exempt from front, side
and rear setbacks, notwithstanding the requirements below.
[1]
Residential and accessory residential structures shall be set
back a minimum of 10 feet from the edge of any buffer area.
[a]
Exclusive use area. Fee simple lots or building
envelopes shall be established for each building. Each dwelling unit
shall have surrounding it an exclusive use area of at least 900 square
feet. The exclusive use area shall provide no less than a ten-foot
setback from the structure on any side to allow any maintenance activities
of the structure to occur in the exclusive use area. The exclusive
use area may contain patios, deck, fences, landscaping, gardens and
other outdoor facilities. The Planning Board is authorized to issue
conditional use permits to reduce the exclusive use area per unit
for multifamily buildings. Conditions for issuing a conditional use
permit are as follows:
[i]
The applicant has shown via the submission of condo
documents that an exclusive use area surrounding the unit is not needed
for maintenance reasons.
[ii]
The applicant has shown that proposed amenities
provide a convenient community area accessible to each homeowner.
[iii]
The applicant has shown that the proposed multi-unit
exclusive use area is sufficient for the number of units and market
orientation of the building.
(i)
Utilities.
[1]
Water supply. Water supply must be provided by either the Laconia
Water Works or by a state-approved private well or community system.
[2]
Sanitary sewer. Sanitary sewer must be provided by the municipal
sewer system or by an NHDES-approved system.
[3]
Other utilities. All other utilities, including, but not limited
to, electricity, cable, gas, fire alarm, cable television, telephone
and fiber optics provided within the development shall be located
underground.
[4]
Solid waste pickup is encouraged to include a recycling component
in order to reduce the waste stream.
(j)
Architectural design required.
[1]
Architectural elevations, floorplans and footprints are required
and shall be submitted to the Board. Elevations shall include:
[2]
Architectural design shall be unique on a site-specific case,
but be in conformance with the unique architecture of the neighborhood
the cluster is located in. The applicant is encouraged to investigate
building design that meets LEED design guidelines.
(k)
Nonconforming structures and uses.
(l)
Phasing of development. If phasing is proposed, a phasing plan
shall be submitted as part of an application, subject to review and
approval by the Planning Board. The Board may impose conditions including
the timing, number, amount of improvements that constitute substantial
improvement and performance guaranty required. Phasing plans shall
include:
(m)
Shoreland developments.
[1]
Cluster developments which grant exclusive shorefront access
to dwelling units shall have a minimum average of 150 feet of shoreline
per dwelling unit granted exclusive access rights.
(n)
Streets.
[1]
Streets within a cluster development shall be required to meet
the minimum standards as set forth in the Subdivision Regulations
with the following exceptions, which may, upon a finding that public
safety and welfare will not be diminished, be granted by the Planning
Board:
[a]
Right-of-way width may be reduced to 40 feet.
[b]
Pavement width may be reduced to 18 feet.
[c]
Streets may be no longer that 1,000 feet measured
to the farthest point of the turnaround or cul-de-sac.
[d]
Culs-de-sac may include such configurations as
Y- or T-shaped turnarounds, flat loops, long loops and offset culs-de-sac.
Turnarounds must be designed to accommodate fire apparatus vehicles.
[2]
Shared driveways that meet the State of New Hampshire's 911
Policy and NFPA 1 are encouraged.
[3]
Note: The granting of waivers for minimum standards for streets
may prohibit street acceptance by the City Council.
(o)
Pedestrian access. Sidewalks or pathways must be provided to
permit an alternative to vehicular travel and provide recreational
opportunity within the development.
[1]
Pathways and/or sidewalks shall connect to existing sidewalks
or pathways on public property or those dedicated for public use and
located adjacent to park boundaries.
[2]
All pedestrian access shall be designed for year-round use.
[3]
Pathways and/or sidewalks shall be a minimum of four feet wide.
[4]
In cases where sidewalks do not exist along the tract frontage,
sidewalks shall be constructed.
(p)
Landscaping.
[1]
Cul-de-sac islands and parking lot islands shall not be compacted
during construction, but shall be landscaped with street shade trees
and shrubs that do not interfere with any stormwater infiltration
capabilities the island may have. Native plants shall be used as much
as possible.
[2]
Each lot or building envelope shall be landscaped appropriately
to provide privacy and aesthetic value. Native plants shall be used
as much as possible. This shall be incorporated into the building
permit application.
(q)
Alteration of terrain. The landscape shall be preserved in its
natural state, insofar as possible, by minimizing tree and soil removal.
Any grade changes shall be necessary and required and shall be in
keeping with the general appearance of the neighboring areas. The
orientation and design of individual building sites shall be such
as to maintain maximum natural topography and cover. Buildings shall
be built into the landscape as much as possible.
(r)
Lighting. All lighting and streetlighting shall be designed
with the architectural features of the units in mind and be full-cutoff
shielding and be downcast. Spot lights, floodlights and other bright
security lighting shall be limited in such a fashion as not to direct
light onto neighboring properties. Security lighting using motion-detection
switches are encouraged. This section is not intended to prohibit
low-wattage, accent and/or seasonal lighting associated with residential
uses.
(s)
Amenities. At a minimum the developer shall provide the amenity
of a trail system throughout the site to encourage a healthy and active
lifestyle.
C.
[1]Properties which were granted approval under the PUD ordinance
(repealed on January 1, 1996) shall continue to comply with the PUD
ordinance under which the approval was granted. Should an owner seek
to change the property in such a way that it would no longer comply
with the PUD ordinance, a variance must first be obtained from the
Zoning Board of Adjustment.
[Added 2-24-2014 by Ord. No. 02.2014.02]
[1]
Editor's Note: Former Subsection C, Cluster development: manufactured
housing park, was repealed 1-28-2008 by Ord. No. 01.2008.01.
D.
Rural Residential Corridor District. Any development within this
district with three or more lots shall be limited to one access point
from the main street, and all lots shall have their driveway access
off of an internal street system.
A.
Accessory dwelling unit. Accessory dwelling units (ADU) are intended
as an option for homeowners to offer separate and independent living
space for their extended families, or to offer small dwelling units
as rentals to offset the expense of maintaining a dwelling. The appearance
and character of the dwelling shall remain single-family in nature.
A single-family dwelling with an accessory dwelling unit is not classified
as a two-family dwelling. One accessory dwelling unit is permitted
on any property containing an owner-occupied single-family dwelling,
provided the following conditions are met:
[Added 5-8-2017 by Ord.
No. 2017-235-04[1]]
(1)
Accessory dwelling units shall be permitted only on properties containing
an owner-occupied single-family dwelling. There shall be not more
than one accessory dwelling per lot.
(2)
An ADU shall not be considered to be an additional dwelling unit
for the purposes of determining minimum lot size or development density
of the property.
(3)
The property owner must occupy either the primary residence or the
ADU as his or her permanent residence. A temporary leave of absence
by the property owner is allowed, provided the owner-occupied unit
is not rented or occupied by anyone other than the property owner
during the temporary leave of absence. The owner shall provide documentation
demonstrating to the satisfaction of the City that one of the units
is his or her principal residence.
(4)
The ADU must be located in the same building as the primary residence
unless the lot meets or exceeds the minimum required lot size for
the respective zoning district. If the lot meets or exceeds the required
minimum lot size, the ADU may be located in a separate detached structure
such as a garage or barn, provided the existing structure conforms
to required yard setbacks for the respective zoning district.
(5)
The ADU shall contain fully self-sufficient living quarters, consisting
of adequate sleeping, bathing, and eating accommodations. If the ADU
is located within an addition to the existing single-family dwelling,
the ADU must be connected to the same utilities (except telephone
and television) as the existing dwelling. If the ADU is located in
a detached structure, then connections to municipal utilities (i.e.,
municipal water/sewer) may be separate.
(6)
Where municipal water or sewer service is not provided, the ADU shall
make provision for adequate water supply and sewage disposal service
in compliance with RSA 485-A:38 and regulations adopted by the New
Hampshire Department of Environmental Services.
(7)
An interior door shall be provided between the principal dwelling
unit and the accessory dwelling unit.
(8)
The ADU shall not have more than two bedrooms, shall not be less
than 300 square feet, and shall not exceed 750 square feet. If the
primary unit is greater than 3,000 square feet, the ADU can exceed
750 square feet, provided the ADU is no greater than 25% of the gross
living area of the primary unit.
(9)
The ADU shall be subsidiary in size, height, and function to the
principal dwelling and shall be consistent with the principal dwelling
in appearance, design, colors, and materials.
(10)
Any necessary additional entrances or exits to the primary residence,
to serve the ADU, shall be located to the side or rear of the building.
Any new or altered structures, intended to be used as an ADU, must
be located behind the building line of the existing primary residence,
except when the Zoning Board of Adjustment finds that the placement
of the ADU on the lot will not adversely affect the character of the
neighborhood, traffic or the safety of pedestrians and will not create
a hazard or nuisance to abutting property owners.
(11)
There shall be one parking space in the rear or side yard for
the accessory dwelling and no additional curb cut. The additional
parking space shall comply with the parking standards contained in
the Zoning Ordinance.
(12)
The structure and lot shall not be converted to a condominium
or any other form of legal ownership distinct from the ownership of
the principal single-family dwelling.
(13)
A zoning/building permit application for the ADU must be approved
and issued prior to its construction, and a certificate of occupancy,
specifying that the dwelling unit is an ADU, must be obtained prior
to its occupancy. The ADU constructed within a primary residence shall
have an interconnected fire alarm system. All ADU's shall meet all
safety and building codes.
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection A as Subsection B.
B.
[2]Home occupation. Home occupations shall meet the minimum
standards as specified below:
(1)
No more than one person who is not a resident shall be employed.
(2)
No advertisements shall refer to the home site as the location of
the occupation. This prohibition shall not pertain to an advertisement
listing a telephone number, post office box or other business address.
(3)
There shall be no externally visible indication that the structure
or property is used for other than residential use. Signs permitted
are limited to those permitted for residential use. Business names
may not be displayed in any fashion.
[Amended 8-13-2001 by Ord. No. 05.2001.05]
(4)
Materials or equipment shall be stored inside an enclosed structure or screened in conformance with § 235-48E(2).
[Amended 8-13-2001 by Ord. No. 05.2001.05]
(5)
The home occupation shall create no nuisance created from noise,
radiation, radio interference, vibration, sound pressure, odors, dust,
fumes, vapors, gases, smoke or glare.
(6)
No more than two customers shall be served at any given time.
C.
Roadside stand. A roadside stand shall meet the following standards:
D.
Swimming pools. The installation and maintenance of swimming pools
shall meet the following minimum standards:
(1)
The property or pool shall be surrounded with an enclosure adequate
to make the pool inaccessible to small children. The minimum height,
including gates, shall be four feet from the ground.
(2)
All gates shall be installed with self-latching latches placed a
minimum of four feet above the underlying ground.
(3)
Any above-the-ground pool greater than four feet in height with a
retractable staircase entrance or barrier shall be exempt from this
section.
E.
Emergency shelter. The following minimum standards shall be required:
(1)
The shelter may be located within the required front and side setback
areas.
(2)
No protrusion of the shelter is permitted above the grade of the
lot at the time the shelter is constructed, with the exception of
ventilation devices and entrances.
(3)
Entranceways shall not exceed 24 inches in height above existing
ground.
(4)
Projecting vents shall not exceed 30 inches above existing ground.
(5)
Such shelter shall not be used for any purposes other than protection
from chemical, biological or radiological effects and storage of emergency
supplies.
F.
Stable.
(1)
Minimum of one acre of land per horse.
(2)
A stable shall be a minimum of 25 feet from any property line.
(3)
Waste materials shall not be closer than 100 feet from any property
line.
(4)
The area used for grazing, exercising or training of said animals
shall be securely fenced to prevent the animals from straying.
G.
Kennels: keeping of non-pets.
(1)
No barn, shelter or other building used for the housing of said animals
or the storage of feed or supplies shall be located closer than 60
feet from any property line. Waste materials shall not be located
closer than 100 feet from any property line.
(2)
The area used for grazing, exercising or training of said animals
shall be securely fenced to prevent the animals from straying.
H.
Common beach lot. Shorefront lots which are intended for common access
by the non-shoreland property owners within a development or subdivision
which owns or has control over the common land shall:
(1)
Contain a minimum of 20,000 square feet.
(2)
Be served by municipal sewer or an NHDES approved system.
(3)
Have a minimum shorefront dimension of 150 feet for the first 35
units and an additional five feet for each additional unit.
(4)
Have no structures other than toilet facilities, picnic shelters
and/or recreational facilities.
(5)
Separate swimming facilities from boating area by ropes and appropriate
marks, subject to the approval of the Safety Services Division of
the New Hampshire Department of Safety.
(6)
Provide for off-street parking on the basis of one space for each
10 residential units located more than 500 feet from the common beach.
(7)
Provide for one toilet facility.
(8)
Have a minimum of 90% of the lot area be dedicated to beach area
or green space.
I.
Accessory buildings. On a lot occupied by a dwelling, a detached
accessory building, not exceeding 12 feet in height, may be located
within 10 feet of the rear lot line.
K.
Parking and storage of unlicensed vehicles. Except as approved as
a junkyard or vehicle wrecking and salvage yard, not more than one
currently unregistered or uninspected vehicle shall be parked on any
lot. Said vehicle shall be located in the rear yard and shall not
be disassembled in any manner. Vehicles not requiring registration
or inspection for legal use are exempted from this provision.
[Amended 8-13-2001 by Ord. No. 05.2001.05]
L.
Storage of recreational vehicles, travel trailers, campers and boats.
Recreational vehicles, travel trailers, campers or boats shall be
stored in a carport, enclosed building or rear yard area and shall
not be located within 10 feet of the lot line. No such equipment shall
be used for living, sleeping or housekeeping purposes.
[Added 10-14-1997 by Ord. No. 10.97.10; amended 8-13-2001 by Ord. No. 05.2001.05]
M.
Short-term lodging. The use is regulated to preserve the traditional
character of residential neighborhoods that can be negatively impacted
by this type of use and to help preserve the quality and quantity
of the housing stock for year-round residential use. A permit to use
a unit of housing for short-term lodging must be obtained from the
Planning Department using the criteria prescribed below, and the following
restrictions and/or conditions apply:
[Added 12-9-2019 by Ord.
No. 2019-235]
(1)
Permitted or prohibited in the following zones:
(a)
Permitted in the Commercial Resort (CR) and Shorefront Residential
(SFR) Zones with no limitations on the number of separate rental periods.
(b)
Prohibited in the Industrial (I), Industrial Park (IP) and Airport
Industrial (AI) Zones.
(c)
Prohibited in all other zones except when the property is owner-occupied.
[1]
Short-term lodging in an owner-occupied property is considered
an allowed accessory use only if the owner of the property resides
on the property for not less than 150 days a year.
[2]
In all zones, both an accessory dwelling unit (ADU) allowed
by a special exception granted by vote of the Zoning Board of Adjustment,
and the associated primary housing unit are prohibited from being
used for short-term lodging.
(d)
Permitted in the Residential Single-Family (RS), Residential
General (RG), and Residential Rural (RR1) Zones in a seasonal dwelling
unit for a maximum of 15 separate rentals or a maximum of 120 nights,
whichever occurs first. In a seasonal dwelling unit, short-term rentals
are allowed in the above mentioned districts only from May 1 to October
31 of each year; short-term rentals are prohibited at any other time.
A seasonal dwelling unit for this purpose is defined as:
(e)
Permitted in the Residential Single-Family (RS), Residential General (RG), Residential Rural (RR1), Residential Rural Corridor (RR2), and Urban Commercial (UC) Zones by special exception granted by the Zoning Board of Adjustment using the criteria specified in § 235-70C(2). Properties granted a special exception are also subject to all other provisions regulating short-term lodging specified below or elsewhere in the Zoning Ordinance.
[Added 2-10-2020 by Ord. No. 2020-235-41]
(2)
A short-term lodging application will be reviewed and approved or
denied by the Planning Department as an administrative decision to
determine suitability for this use in a particular dwelling unit,
using the following criteria:
(a)
The owner of a proposed short-term lodging unit shall apply
for the administrative decision and pay the review and abutter notification
fees.
(b)
The owner of a proposed short-term lodging unit shall provide
the same agent information as required by RSA 540:1-b.
(c)
As part of the application approval process, the dwelling unit
must pass a joint inspection by the Fire Department and the Building
Code Enforcement Department which shall be limited to the following:
[1]
Smoke/CO detectors must be installed in areas defined by the
City's adopted codes and must be functioning.
[2]
All windows or doors designed to open must be able to be opened
to provide emergency egress.
[3]
No basement space shall be used as sleeping areas unless there
are properly sized egress windows and/or doors conforming to the City's
adopted codes.
[4]
A functional fire extinguisher shall be visibly installed in
any kitchen area.
[5]
To determine maximum occupancy of the dwelling unit, floor space
square footage shall be confirmed to conform to the City's adopted
codes.
[6]
To determine maximum number of vehicles allowed per rental,
driveway capacity shall be confirmed. On-street parking shall not
be allowed.
[7]
Safety concerns reported by lodgers or abutters may require
another inspection.
[8]
If applicable, seasonal qualification of the unit will be confirmed.
(3)
The owner of a short-term lodging unit will be responsible for:
(4)
Short-term lodging applications shall be reviewed and approved or
denied within 30 days of receipt of a complete application. Notice
of the approval or denial will be mailed to the applicant and abutters
as defined in RSA 672:3. An aggrieved party may appeal a decision
granting or denying an administrative permit to the Zoning Board of
Adjustment within 30 days of the decision. The Zoning Board of Adjustment
may affirm, reverse or modify the decision appealed.
(5)
Approval for short-term lodging use will be in effect for two years from date of approval and must be renewed every two years from date of first approval according to the fee schedule defined in § 235-92 of this chapter. Approval is owner specific; change of ownership shall require a new application.
(6)
Approvals may be revoked for failure to comply with this chapter
or with any conditions of approval imposed as part of the approval.
In general, the first violation of a requirement will result in a
warning; the second in a civil penalty of $275 for each day of violation;
and the third in a revocation of the approval. If a revocation occurs,
the owner may not apply for reinstatement for a period of one year.
N.
Home garden.
Cultivation of vegetables, flowers, fruits, nuts, and berries providing
the cultivation area does not exceed 25% of the total area of the
lot and are maintained to standards outlined in the International
Property Maintenance Code as adopted by the City.
[Added 9-16-2022 by Ord. No. 2022-235-41:N]
This Subsection of the Zoning Ordinance Contains Sexually Explicit
Language.
A.
Sexually-oriented businesses.
(2)
ADULT ARCADE
ADULT BOOKSTORE OR ADULT VIDEO STORE
(a)
[1]
[2]
(b)
ADULT CABARET
(a)
(b)
(c)
ADULT THEATER
ESTABLISHMENT
(a)
(b)
(c)
(d)
PERMITTEE OR LICENSEE
NUDITY OR A STATE OF NUDITY
SEMINUDE
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
(a)
(b)
(c)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated 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, and where the images
so displayed are distinguished or characterized by the depicting or
describing specified sexual activities or specified anatomical areas.
A commercial establishment which, as one of its principal business
purposes, offers for sale or rental or any form of consideration any
one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion picture, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
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 activities or specified anatomical
areas and still be categorized as "adult bookstore" or "adult video
store." Such other business purposes will not serve to exempt such
commercial establishment from being categorized as an "adult bookstore"
or "adult video store" so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials which depict or describe specified sexual activities or
specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity;
Live performances which are characterized by the exposure of
specified anatomical areas or specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminudity or live performances which are characterized
by the exposure of specified sexual anatomical areas or by specified
sexual activities.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The additions of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
A person in whose name a permit or license to operate a sexually
oriented business has been issued, as well as the individual listed
as an applicant on the application for a permit or license.
The appearance of a human bare buttock, anus, male genitals,
female genitals or full female breast.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult theater or sexual encounter center.
The male genitals in a state of sexual arousal or the vulva
or more intimate parts of the female genitals.
Includes any of the following:
The increase in floor areas occupied by the business by more
than 25% as the floor areas exist on the date of the adoption of this
article.
Includes any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute a controlling interest
in the business.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
(3)
Procedure. For a use to be established under the article, the applicant must demonstrate to the Director of Planning and Community Development or his or her designee that the proposed site satisfies all the site requirements of Subsection A(4), Site requirements.
[Amended 8-14-2000 by Ord. No. 07.2000.07]
(4)
Site requirements. A sexually oriented business' use, in addition
to all other requirements of this chapter, shall demonstrate compliance
with the following requirements:
(a)
No sexually oriented business use shall be located within 500
feet from any property line of the following uses:
[1]
A public, religious or private nursery school, kindergarten
school, elementary school, middle school, junior high school, high
school or similar education facility.
[2]
Licensed group day-care facility (no age restriction).
[3]
A public park, public recreational field or similar publicly
owned facility.
[4]
A religious institution or place of worship.
[5]
Any residential district boundary.
[6]
Any residential use of property.
(b)
The proposed site shall be screened by a stockade fence that
is no less than six feet in height which is to be erected in a manner
that limits pedestrian and vehicular access to adjacent properties,
but which does not restrict adequate lines of sight or create unsafe
site conditions. This visual barrier shall be placed no closer than
three feet to any adjacent lot line and shall be maintained by the
party to whom the Certificate of Occupancy has been issued.
(c)
There shall be a minimum of 1,000 feet between any two sexually
oriented businesses.
(5)
Operational requirements.
(a)
The hours of operation shall only be between 10:00 a.m. and
11:00 p.m. Monday through Saturday and 12:00 noon to 9:00 p.m. on
Sundays.
(b)
The site shall be maintained daily in a condition that is free
and clear of any sexual paraphernalia or packaging.
(c)
Signs shall not visually depict any person in a state of nudity
or seminude.
|
This completes the Subsection of the Zoning Ordinance
containing sexually explicit language.
|
B.
Junkyards; recycling or transfer center. The following standards
shall be required, in addition to RSA 236, Motor Vehicle Recycling
Yards and Junkyards:
(1)
All scrap, salvage, vehicle parts and any other materials shall be
stored within a building or enclosed by a solid fence that shall be
a minimum of eight feet in height.
(2)
Fencing and screening shall not be allowed to deteriorate and the
required setback areas shall be landscaped and kept free of rubbish,
scrap, weeds and other unsightly materials.
(3)
No materials shall be piled or arranged so that they extend above
the fencing.
C.
Earth excavations.
(1)
Authority. Chapter 155-E of the New Hampshire Revised Statutes Annotated
stipulates that, with some exceptions, all earth excavations in the
state are subject to regulation from the local municipality in which
the operation occurs. Pursuant to the authority vested in the Planning
Board of Laconia by the voters of the City of Laconia and RSA 155-E,
the Planning Board adopts the following regulations to govern the
excavation of earth materials in the City of Laconia.
(2)
(3)
Projects requiring a permit are as follows:
(a)
Operations commencing after August 24, 1979, without first obtaining
a permit, unless specifically exempted.
(b)
Any excavation proposing to begin operation after the effective
date of these regulations.
(c)
Those that have lawfully operated prior to August 24, 1979,
and wish to expand the excavation area beyond the limits of the town
in which it is situated and the area which on August 24, 1979, and
at all times subsequent thereto has been continuous to and in common
ownership with the excavation site of that date and has been appraised
and inventoried for property tax purposes as part of the same tract
as the excavation site as of that date.
(d)
Those excavations for an area which on August 4, 1989, was continuous
to or was contiguous land in common ownership with stationary manufacturing
and processing plants which were in operation as of August 24, 1979,
and wish to expand to any noncontiguous lands.
(4)
Projects exempt from a permit. The following projects do not require a permit, but are nevertheless subject to Subsection C(8), Minimum operational standards, Subsection C(9), Site reclamation standards, and Subsection C(10), Incremental reclamation, of these regulations. In the event of a question regarding compliance, the Board may require the owner/operator to come before the Board and submit such information as may be necessary to demonstrate compliance with said standards.
(a)
Excavations which lawfully existed as of August 24, 1979, from
which earth material of sufficient weight or volume to be commercially
useful has been removed during the two-year period before August 24,
1979, subject to the following:
[1]
Such an excavation shall be exempt from local zoning or other
ordinances regulating the location of the excavation site, provided
that at the time operation began it was in compliance with any local
ordinances that may have been in effect.
[2]
The owner or operator of such an excavation area shall have
filed an excavation report per RSA 155-E:2, I(d), with the Board no
later than August 4, 1991. Any existing excavation that failed to
file this report shall no longer be considered to be grandfathered
and must obtain a permit from the Board before continuing excavation
of the site.
(b)
The following projects do not require a permit, but are nevertheless subject to Subsection C(8), Minimum operational standards, Subsection C(9), Site reclamation standards, and Subsection C(10), Incremental reclamation, of these regulations. Compliance with these standards is mandatory in order to retain the non-permit status. Loss of such non-permit status can occur after the Board has been given written notice that the excavation is not in compliance and the owner has failed to bring it into compliance within 30 days of receipt of such notice, as per RSA 155-E:2, III(a).
[1]
Excavation from a site which on August 4, 1989, was contiguous
to or was contiguous land in common ownership with stationary manufacturing
and processing plants which were in operation as of August 24, 1979,
and which used earth obtained from such excavation site.
[2]
Excavations from a site which on August 4, 1989, was contiguous
to contiguous land in common ownership with stationary manufacturing
and processing plants for which local or state permits have been granted
since August 24, 1979, and before August 4, 1989, which used earth
obtained from such site. The operation and reclamation of such excavations
shall continue to be regulated by such permits and any renewal or
extensions thereof by the permitting authority or authorities.
(c)
An excavation performed exclusively for the lawful construction, reconstruction or maintenance of a Class I, II, III, IV or V highway. A copy of the pit agreement executed between the pit owner and the governmental unit shall be filed with the Board; in addition, the provisions of Subsection C(7), Criteria for nonconforming expansion, of this regulation are to be complied with. Exemptions from local zoning or other regulations are provided for in RSA 155-E:2, IV(c).
(d)
The following projects are exempt from a permit and are not
subject to regulation by the Board:
[1]
Excavation that is exclusively incidental to the lawful construction
or alteration of a building or structure, a parking lot or way including
a driveway on a portion of the premises where removal occurs. This
excavation cannot be started, however, until any and all required
state and local permits have been issued.
[2]
Excavation that is incidental to agricultural or silvicultural
activities, normal landscaping or minor topographical adjustment.
In the event of questions, the Board shall determine what is incidental.
[3]
Excavation from a granite quarry for the purpose of producing
dimension stone, if such excavation requires a permit under RSA 12-E,
Mining and Reclamation.
[4]
A person owning land abutting a site which was taken by eminent
domain or by any other governmental taking upon which construction
is taking place may stockpile earth taken from the construction site
and may remove the earth at a later date after written notification
to the Board.
(5)
Abandoned excavations. The following provisions do not apply to excavations
connected with stationary manufacturing and processing plants:
(a)
Any excavation for which the affected area has not been brought
into complete compliance with the reclamation standards of this regulation
shall be considered abandoned if:
[1]
No earth material of sufficient weight or volume to be commercially
useful has been removed from the site during any two-year period either
before, on or after August 4, 1989. The owner or operator may extend
this time period if, prior to the end of the time period the Board
approved a reclamation timetable, and a bond or other surety is posted
in a form and amount prescribed by the Board sufficient to cover the
costs of reclaiming the entire site.
[2]
The excavation is in use, but either has not, as of August 4,
1992, been brought into compliance with the incremental reclamation
standards of the regulation, or a bond has not been posted and a reclamation
timetable has not been approved by the Board.
(b)
In the event that the Board determines that any abandoned excavation
presents a hazard to the public health, safety or welfare, the owner
may be required, following a public hearing, to comply with the timetable
and bonding requirements outlined above or to complete reclamation
within a reasonable period of time. Should reclamation not be completed,
the Board may request the City to authorize reclamation at the City's
expense. The City's costs shall constitute an assessment against the
owner and shall create a lien against the property. Such assessment
and lien may be enforced and collected in the same manner as provided
for real estate taxes.
(6)
Prohibited projects. The Board shall not grant a permit for the following
projects:
(a)
For excavations within 50 feet of the boundary of a disapproving
abutter or within 10 feet of an approving abutter unless approval
is requested by said abutter.
(b)
Where existing visual barriers would be removed, except to provide
access to the excavation.
(c)
Where the issuance of the permit would be unduly hazardous or
injurious to the public welfare. The Board shall give particular consideration
to such factors as noise, traffic, dust, fumes or danger from operations.
(d)
Where the excavation would substantially damage a known aquifer,
as designated by the United States Geological Survey.
(e)
When the excavation cannot receive necessary land use permits
for state or federal agencies.
(f)
Where the excavation is not permitted by zoning or other applicable
ordinances; provided, however, that reasonable opportunities for excavation
exist in town, as described in RSA 155-E:4, III.
(7)
Criteria for nonconforming expansion. Expansion of existing excavation
located in an area in which excavations are no longer permitted by
local zoning in effect on August 4, 1989, may be restricted or modified
with conditions by the Board if, after notice to the owner and a public
hearing, the Board finds that the expansion will have a substantially
different and adverse impact on the neighborhood. Any potential impacts
will be determined by the Board during a duly noticed public hearing.
Impacts will vary depending upon the particular neighborhood, nevertheless,
the following criteria will be taken into consideration:
(a)
The excavation will not cause a diminution in area property
values or unreasonably change the character of the neighborhood.
(b)
The excavation will not unreasonably accelerate the deterioration
of highways or create safety hazards in the use thereof.
(c)
The excavation will not create any nuisance or create health
or safety hazards.
(8)
Minimum operational standards. For excavations not requiring a permit,
the following express standards apply. For those excavations requiring
a permit, these standards are considered to be the minimum; more stringent
standards such as are consistent with the purpose of these regulations
may be applied, as deemed necessary by the Board.
(a)
No excavation shall be permitted closer than 150 feet to an
existing dwelling or to a site for which a building permit has been
issued at the time the excavation permit is granted.
(b)
No excavation shall be permitted below road level within 50
feet of the right-of-way of any public highway as defined in RSA 229:1
unless such excavation is for the purpose of said highway.
(d)
No fuels, lubricants or other toxic or polluting chemicals shall
be stored on site unless in compliance with state laws or rules pertaining
to the storage of such materials.
(e)
Where temporary slopes will exceed a one to one (1:1) grade,
a fence or other suitable barricade shall be erected to warn of danger
and/or to limit access to the site.
(f)
Appropriate drainage shall be provided to prevent the accumulation
of freestanding water for prolonged period. Excavation practices which
result in continued siltation of surface waters or any degradation
of water quality of any public or private water supplies are prohibited.
(g)
There shall be no excavation or clearing within 250 feet of
a great pond or fourth order stream.
(h)
There shall be no excavation or clearing within 150 feet of
a perennial stream.
(i)
There shall be no excavation or clearing within 75 feet of a
wetland.
(j)
Startup for all machinery shall be no earlier than 7:00 a.m.
or later than 8:00 p.m.; no operations on Sunday and holidays.
(k)
No excavation shall exceed a depth of four feet above average
annual water table.
(9)
Site reclamation standards. Within 12 months after the expiration
date of a permit issued under this chapter or of the completion of
any excavation, whether subject to permit or not, whichever occurs
first, the owner of the excavated land shall have completed the reclamation
of the areas affected by the excavation to meet each of the following
minimum conditions. The Board or its designee shall periodically inspect
the operations and shall perform a final reclamation inspection in
order to ensure that the approved plans have been followed.
(a)
No slope in soil material shall be left steeper than 3:1 (three
horizontal feet for each one foot of vertical drop) unless it can
be demonstrated by the applicant that a steeper grade can be adequately
vegetated and stabilized. In no case shall a soil material slope be
left steeper than 2:1. Changes in slope shall not be abrupt, but shall
blend with the surrounding terrain.
(b)
All debris, stumps, boulders, etc., shall be lawfully disposed
of in a manner acceptable to the Board or its designee.
(c)
Ground levels and grades shall be established as shown on the
approved reclamation plan as soon as practical during site excavation,
but not later than one year after excavation has been completed.
(d)
Stockpiled topsoil shall be spread over the disturbed area to
a minimum depth of four inches to allow establishment and maintenance
of vegetation. The disturbed area(s) shall be limed, fertilized and
seeded with a grass or grass-legume mixture or per PM-NH-24, Vegetating
New Hampshire Sand and Gravel Pits.
(e)
The responsible party shall not be released from its performance
commitment (reclamation bond) until the Board certifies compliance
with all terms of the excavation plan and the reclamation plan.
(f)
Any excavated area of five contiguous acres or more, which is
either fully excavated per the approved plan (excluding bedrock) or
from which no earth materials have been removed for a two-year period,
shall be reclaimed in accordance with this section within one year
following such full excavation, regardless of whether other excavation
is occurring on adjacent land in continuous ownership.
(g)
Upon completion of the reclamation operations, the topography
of the land shall be left so that water draining from the site leaves
the property at the original, natural drainage points and in the natural
proportion of flow. For excavation projects which require a permit
from the Division of Water Supply and Pollution Control pursuant to
RSA 485-A:17, the provisions for that statute and rules adopted under
it shall supersede this subsection as to areas of excavation sites
covered thereby. The excavator shall file a copy of permits issued
under RSA 485-A:17 with the Board.
(h)
Areas visible from a public way, from which trees have been
removed, shall be replanted with tree seedlings, set out in accordance
with acceptable horticultural practices.
(10)
Incremental reclamation. Except for excavation sites of operating
stationary manufacturing plants, any excavated area of five contiguous
acres or more which is depleted of commercial earth materials, excluding
bedrock or any excavation from which earth materials of sufficient
weight or volume to be commercially useful have not been removed for
a two-year period, shall be reclaimed in accordance with these regulations
within 12 months following such depletion or nonuse, regardless of
whether other excavation is occurring on adjacent land in contiguous
ownership. A reclamation plan, including a reclamation timetable for
the depleted areas within the reclamation site, shall be submitted
to the Board for approval.
(11)
Performance guaranty. Prior to the granting of any permit, or
to the removal of topsoil or other overburden material from a new
area within an existing excavation site, the applicant shall submit
to the municipality a bond with sufficient surety, as determined by
the Board, to guarantee reclamation of the area, off-site improvements
for potential damage of City roads or facilities caused by the transportation
of earth materials and compliance with the permit.
(12)
Exceptions. Due to the diverse nature of excavation operations which vary in scale and scope and due to the varying conditions of the land to be excavated, the Board may, upon application and following a duly noticed hearing, grant any exception in writing to the standards contained in Subsection C(8), Minimum operational standards, Subsection C(9), Site reclamation standards, Subsection C(10), Incremental reclamation, and Subsection C(11), Performance guaranty, for good cause shown. The written decision shall state specifically what requirements are being waived and include any reasonable alternatives.
(13)
Application for excavation. Except as provided in Subsection C(5), Abandoned excavations, any owner or owner's designee subject to this chapter shall, prior to excavation of or continuance or expansion of excavation of any land, apply to the Board for a permit for excavation and submit a reclamation plan. The permit application shall be signed and dated by the applicant and shall contain at least the following information. The Board may waive items listed under this section.
(a)
Excavation plan.
[1]
The name and address of the owner of the land to be excavated
the person who will actually do the excavating and all abutters to
the premises on which the excavations proposed.
[2]
An excavation plan at a scale of no less than one inch equals
100 feet and showing the area to be excavated, appropriate buffers,
and any dwelling units, septic systems, and wells within 150 feet
of the area to be excavated. All plans submitted shall be of a quality
that they are easily understood and of an accuracy that compliance
can easily be checked. A minimum of seven copies of plans shall be
filed with the Board as part of the application. The excavation plan
shall include:
[a]
The seal and signature of an engineer registered
in the State of New Hampshire.
[b]
The existing topography at maximum contour intervals
of five feet, based on a permanent assumed benchmark.
[c]
The proposed topography at maximum contour intervals
of five feet at the completion of excavation and restoration.
[d]
The excavation site acreage, the breadth, depth
and slope of the proposed excavation, (and existing excavation where
applicable), volume of material to be removed and a description of
project duration and phasing.
[e]
The existing vegetation.
[f]
All surface drainage patterns including wetlands
and standing water, lakes, streams and the like.
[g]
The locations of all easements, on or below the
ground.
[h]
The names, location and width of all public roads
and rights-of-way.
[i]
A log of borings or test pits that extend to either
the average annual water table, ledge or a minimum of six feet below
the maximum proposed excavation depth, including location and soils
data.
[j]
The location and extent of any stone walls, ledge
outcroppings, wells, existing buildings, septic systems, utilities,
significant natural and man-made features, and the like.
[k]
A locus map, at a scale of one inch equals 1,000
feet, showing the proposed operation in relation to existing roads.
[l]
Any existing and all proposed excavation areas.
[m]
Any existing and all accessory facilities/activities.
[n]
Existing and proposed access roads, including width
and surface materials.
[o]
Existing and proposed fencing, buffers or visual
barriers, including height and materials.
[p]
Storage areas for topsoil to be used in reclamation.
[q]
All measures to control erosion, sedimentation,
water pollution, air pollution and hazards to human safety.
[r]
The location of existing buildings, structures,
septic systems and wells on abutting properties within 150 feet of
the excavated area.
[s]
The location of all driveways and road intersections
within 200 feet of the proposed access to the excavation site.
[t]
Aquifer locations and limits as identified by the
United States Geological Survey and other acceptable sources.
[u]
Zoning districts.
(b)
Reclamation plan. A reclamation plan at the same scale as the
excavation plan, and covering the same areas. All plans submitted
shall be of a quality that they are easily understood and of an accuracy
that compliance can easily be checked. A minimum of seven copies of
the final plans shall be filed with the Board as part of the application.
The reclamation plan shall include:
[1]
The seal and signature of an engineer registered in the State
of New Hampshire.
[2]
All boundaries of the area proposed for reclamation.
[3]
The final topography of the area proposed for reclamation.
[4]
The final surface drainage pattern, including the location and
physical characteristics of all drainage facilities.
[5]
A schedule of vegetative and temporary reclamation activities
including seeding mixtures, mulching materials, fertilizer types,
lime and application rates.
[6]
Soil conditioning specifications, i.e., liming and fertilizing
required based on NRCS or other equivalent soils analysis organizations.
[7]
The plant materials to be used in the restoration, and their
qualities and sizes.
[8]
The subsequent use of the site, if known.
[9]
An erosion and sedimentation control plan on an excavation area
of any size.
[10]
Copies of related permit approvals and other documents
pertinent to the excavation proposal, such as WSPCD (RSA 485-A:17,
148:5-1), the Wetland Board (RSA 483-A), stump disposal, State Highway
Department (access permit, RSA 249:13-18) any other permits required
by state or federal regulations and such other information as the
Board may reasonably require.
(c)
Hauling information, including routes to be utilized, the type
and weight of motor vehicles involved and the frequency and schedule
of operations of such vehicles, which shall be provided to the Board
prior to the issuance of an excavation permit. The Board may require
modifications to such plans and/or may place conditions upon such
operations, depending on surrounding land uses and road conditions.
The Board reserves the right to conduct a traffic study at the applicant's
expense to ensure that public safety, neighborhood compatibility and
road capacity and condition have been properly considered and addressed
in the hauling plan.
(d)
Application fees.
(14)
Other information. The Board reserves the right, per RSA 155-E:3,
VII, to request any other information it deems necessary to make an
informed decision or to have plans reviewed by an outside agency.
According to the authority vested in the Board by RSA 676:4, I(g),
any reasonable expenses incurred for such information or reviews shall
be charges to the applicant. Failure to pay such costs constitutes
valid grounds for the Board to deny the application.
D.
Marinas and yacht clubs.
(1)
Authority and permits required. A marina or yacht club is an innovative land use control and it therefore requires a conditional use permit. The Planning Board is authorized to administer and grant a conditional use permit consistent with the standards set forth in Article XII, Conditional Use Permits, and with the standards, purposes and objectives of this subsection. All applications required to be filed with the Planning Board shall be filed concurrently.
(2)
Minimum shoreline frontage.
(a)
The minimum contiguous shoreline frontage for commercial marinas
and yacht clubs shall be 25 feet per slip, with a minimum frontage
requirement of 300 feet.
(b)
The minimum contiguous shoreline frontage for residential marinas
shall be 75 feet for the first two-slip structure, plus 75 feet per
additional slip.
(3)
Facilities required. All commercial marinas, yacht clubs and residential
marinas having the sum of 12 or more slips and moorings shall be served
by the municipal sewer system and shall provide and maintain the following
facilities:
(4)
Design and performance standards. The Planning Board shall not grant
a conditional use permit for a marina or yacht club, unless it finds
that the applicant has provided adequate evidence that the development,
if completed as proposed, will comply with the design and performance
standards of this section. These standards include the following requirements:
(a)
Environmental quality. Evidence shall be submitted to show that:
[1]
Environmental impacts to water quality, wildlife habitat, shoreline
stability and public drinking water supply will be minimized and mitigated
using best management practices as may be published and amended by
the NHDES and the Natural Resources Conservation Service.
[2]
The design of facilities and buffers shall provide protection
to adjacent and abutting properties from excessive noise and glare.
[3]
Buffer areas of natural vegetation will be retained or created
between the parking area and the shoreline.
[4]
The parking and wash-down areas shall be constructed and arranged
to minimize direct runoff to surface waters and to allow for the interception
and filtration of wash water on the site.
[5]
The applicant has prepared a water quality mitigation plan which
conforms to Best Management Practices for New Hampshire Marinas: Controlling
the Impact of Boating Pollution, New Hampshire Department of Environmental
Services, 1995, as amended, including emergency fuel containment procedures,
where construction of improvements or delivery of on-site services
will involve gasoline pumps and dispensing of fuels; wash-down areas;
pump-out stations; boat refinishing/hull and engine repair; dredging;
or launching facilities that require alteration of the shorefront.
(b)
Public safety, parking and access. Evidence shall be submitted
by the applicant to demonstrate compliance with the following access
and safety requirements:
[1]
The development will not cause an adverse impact on public safety
from increased traffic congestion, both marine and land based, and
will not constitute a hazard to navigation.
[2]
The development will not interfere with or prevent the safe
use or enjoyment of adjacent shoreland property, nor impede its access
to and from the water.
(5)
Expansion of existing marinas and yacht clubs. The expansion of land-based
development of existing marinas and yacht clubs may be permitted,
provided that coverage requirements are maintained and all other provisions
of this section are met. The nonconforming elements of existing marinas
and yacht clubs must be brought into conformance with all provisions
of this chapter in order to expand on the site.
(6)
Relationship to state permits. The City of Laconia cannot authorize
a greater number of slips or moorings than the maximum permitted by
the New Hampshire Wetlands Board and/or the New Hampshire Department
of Safety for a development. All permit applications to either agency
for approval of a marina or yacht club shall be submitted concurrently
to the Laconia Planning Department.
E.
The purpose of this section is to define minimum landscaping standards
for nonresidential and multifamily residential uses and street tree
planting requirements for any residential or nonresidential development
or redevelopment.
[Amended 10-14-1997 by Ord. No. 10.97.10]
(1)
Landscaping plans. A landscaping plan shall be submitted to the Planning
Board as part of any nonresidential or multifamily development application
and shall include provisions for street trees. The plan shall be drawn
to the same scale as the site plan and shall show existing and proposed
vegetation. The location, size and name of vegetation shall be included.
Provisions for street trees shall be shown on subdivision plans submitted
to the Planning Board for residential and nonresidential development.
(2)
Standards for approval.
(a)
Landscaping shall provide privacy and screening for adjacent
land uses, with visual noise, energy conservation and air quality
factors considered.
(b)
Landscaping shall be designed as an integral part of the development.
(c)
Vegetation shall be compatible with soil conditions on the development
site and the regional climate.
(d)
Existing natural features and vegetation shall be preserved
and incorporated in the landscape area wherever possible.
(e)
The landscaping plan should reflect unique characteristics of
the property, including topography, sun orientation, existing vegetation
and abutting uses, and should be creative with a mix of trees, shrubbery,
flower beds and lawn area.
(f)
Artificial plantings or vegetation shall not be permitted.
(g)
The use of woodchips, mulch or other non-green ground cover
is discouraged and should only be utilized in defined planting areas
or beds. Grasses, which may include wildflower mixes, should constitute
the bulk of the landscaping area not devoted to trees, flowers and
shrubs.
(3)
Urban Commercial District, special standards. Landscaping plans submitted for property with shoreland frontage on the Winnipesaukee River in the UC District shall respect the riverfront and the view of the property from and across the river, as well as the view from the street. All existing vegetation, especially mature trees, shall be maintained on the property during the development review process. Tree cutting restrictions under § 235-19, Shoreland Protection Overlay District, apply in the UC District.[1]
[Added 5-22-2000 by Ord. No. 05.2000.05; amended 8-26-2019 by Ord. No. 2019-235]
(4)
Tree planting requirements.
(a)
Landscaping trees. Trees proposed in any landscaping plan, other
than street trees, shall meet the following minimum standards: Deciduous
trees shall be a minimum caliper, measured six inches from the ground,
of two to 21/2 inches. Coniferous trees shall be a minimum planted
height of eight feet.
(b)
Property lines. All trees shall be planted a minimum of five
feet from any adjacent property line unless there is written consent
of the abutting property owner.
(c)
Street trees. A deciduous tree, a minimum of two-and-one-half
to three-inch caliper measured six inches from the ground, shall be
installed for every 50 feet, or portion thereof over 25 feet, of all
boundaries that abut a street of a development or redevelopment. Trees
should be evenly spaced and the specific location of street trees
shall be as approved by the Planning Board. Tree species and variety
shall be proposed by the applicant and be suitable for the specific
conditions of the site.
(5)
Planting and maintenance. All landscaping shall follow industry standards
for placement of material, including planting, staking and guying,
wrapping, pruning, mulching, watering, planting time and conditions,
soil and fertilizing. Materials shall be first quality nursery stock
or equivalent. Landscaping shall be maintained according to the approved
plan and any diseased or dead materials shall be promptly replaced.
F.
Indoor storage. Buildings containing indoor storage units shall be
climate and access-controlled, shall have a municipally approved sprinkler
system and be limited to a net storage area of 25,000 square feet.
Hazardous materials and outside storage are not permitted. Individual
storage units may range in size from 16 to 200 square feet.
G.
Exemption for government uses and facilities of the City of Laconia. Government uses and facilities of the City of Laconia shall be exempt from the provisions of this chapter, provided that the Planning Board shall have first granted a conditional use permit in accordance with the provisions of Article XII of Chapter 235 (excepting those provisions requiring compliance with the zoning and planning requirements of Chapter 235). This shall constitute the only planning and zoning approval required for governmental uses and facilities of the City of Laconia. All related required applications for site plan or subdivision approval shall be filed with and considered by the Planning Board concurrently with any application for a conditional use permit.
[Added 12-8-1997 by Ord. No. 12.97.12]
H.
Urban Commercial District, special restrictions. These restrictions
refer to uses as marked with an asterisk in Table I, Table of Permitted
Uses.[2]
[Added 5-22-2000 by Ord. No. 05.2000.05; amended 8-26-2019 by Ord. No. 2019-235]
(1)
Uses.
(a)
Educational/cultural.
[1]
School, trade/vocational. Trade/vocational schools shall be
limited to facilities where all operation, storage, and classes are
located wholly within a structure and not visible to the public.
(b)
Business.
[1]
Flea/farmer's market. Flea/farmer's markets are limited to indoor
use only and not allowed at all on waterfront lots.
(e)
Transportation.
[1]
Commercial parking garage or lot and long-term vehicle storage:
permitted on nonwaterfront lots only.
[2]
Marine vehicle sales and service: restricted from all waterfront
lots between Lake Opechee and Fair Street bridge.
[3]
Watercraft launch/rental: commercial launching or rental of
motorized boats restricted from all waterfront lots between Lake Opechee
and Fair Street bridge.
(2)
Design review. During the review of redevelopment, change or expansion
of uses and new development, the Planning Board shall make a determination
that the following standards have been met.
(a)
Redevelopment or new construction of structures shall be compatible
with building mass and shape in adjacent areas and for similar uses
within the district.
(b)
Architectural styles for structures, including exterior lighting,
should be matched with typical styles from historical New England
designs based on the use proposed. Redevelopment and additions of
structures should strive to restore the structure in such a way that
it respects the original architecture of the structure, including
building materials, roof style, window placement and sizing, entry
locations.
I.
Commercial greenhouse. Greenhouses shall meet the following standards:
[Amended 10-14-1997 by Ord. No. 10.97.10; 8-13-2001 by Ord. No. 05.2001.05]
(1)
Land area must equal the minimum lot size for the district plus two
acres.
(2)
Not more than two persons other than the owner's family may be employed
in connection with the use.
(3)
Setbacks from the greenhouse shall be as required in the district
for primary residential structures.
(4)
Side and rear setbacks shall be adequately screened so as to obscure
the use from abutting properties.
(5)
Total lot coverage shall not exceed that required for the district.
(6)
All equipment shall be stored inside or be screened from the abutting
properties.
J.
Research and development. Any research and development establishment
located in UC or C is prohibited from engaging in any form of animal
testing or research, chemical processing or processes creating chemical
wastes.
[Added 8-13-2001 by Ord. No. 05.2001.05; amended 8-26-2019 by Ord. No. 2019-235]
K.
Alternative treatment centers/medical marijuana dispensaries.
[Added 3-9-2015 by Ord. No. 01.2015.01]
(1)
Purpose. The purpose of this subsection is to implement the State
of New Hampshire law authorizing the use of therapeutic cannabis (RSA
126-X) and to regulate the locations and operations of marijuana dispensaries
and related cultivation and processing uses in the City of Laconia
so as to promote and protect the public health, safety, and welfare
of the residents of Laconia. It is neither the intent nor the effect
of this chapter to condone or legitimize the use or possession of
marijuana except as allowed by New Hampshire law. The purpose of this
subsection is to:
(a)
Provide for the safe sale and distribution of medical marijuana
to patients who qualify to obtain, possess, and use marijuana for
medical purposes under the State of New Hampshire Act and as managed
by the New Hampshire Department of Health.
(b)
Protect public health and safety through reasonable limitations
on business operations as they relate to noise, air and water quality,
food safety, building safety, neighborhood and patient safety, security
for the business and its personnel and other health safety concerns.
(c)
Facilitate the implementation of the State of New Hampshire
medical marijuana act without going beyond the authority granted by
it.
(2)
ALTERNATIVE TREATMENT CENTER (ATC)/(MEDICAL MARIJUANA DISPENSARY)
ALTERNATIVE TREATMENT CENTER AGENT
CANNABIS
CANNABIS-INFUSED PRODUCT (CIP)
CULTIVATION LOCATION/DISPENSARY
DHHS
MEDICAL MARIJUANA CULTIVATION
MEDICAL MARIJUANA INFUSION (OR MANUFACTURING) FACILITY
Definitions. The definitions contained in the State of New Hampshire
medical marijuana act shall serve as the primary guide for the enforcement
and practices of all such future activities. In addition, definitions
contained herein are intended to further assist with the enforcement
of this subsection as follows:
A not-for-profit entity registered under RSA 126-X:7 that
acquires, possesses, cultivates, manufactures, delivers, transfers,
sells, supplies, and dispenses cannabis and related educational materials
to qualified patients and alternative treatment centers.
A principal officer, board member, employee, manager, or
volunteer of an alternative treatment center who is 21 years of age
or older and has not been convicted of a felony or any felony drug-related
offense.
All parts of any plant of the cannabis genus of plants, whether
growing or not; the seeds thereof; the resin extracted from any part
of such plant; and every compound, salt, derivative mixture, or preparation
of such plant, its seeds, or resin. Such terms shall not include the
mature stalks of such plants, fiber produced from such stalks, oil
or cake, or cake made from the seeds of such plants, any other compound,
salt, derivative, mixture, or preparation of such mature stalks (except
the resin extracted therefrom) fiber, oil or cake, or the sterilized
seeds of such plants which are incapable of germination.
A product infused with cannabis that is intended for use
or consumption, other than by smoking, including but not limited to
edible products, ointments, aerosols, oils, and tinctures. These products,
when created or sold by an ATC shall not be considered a food or a
drug.
A locked and enclosed site, under the control of an alternative
treatment center where cannabis is cultivated, secured with one or
more locks or security devices in accordance with state law.
The State of New Hampshire Department of Health and Human
Services.
The process by which a person grows a marijuana plant. A
facility shall mean a building, structure, or premises used for the
cultivation or storage of medical marijuana that is physically separate
and off site from a medical marijuana dispensary.
A facility that incorporates medical marijuana (cannabis)
by the means of cooking, blending, or incorporation into consumable/edible
goods.
(3)
Requirements for the establishment of alternative treatment centers
and cultivation locations.
(a)
General requirements. The establishment of alternative treatment
centers, cultivation sites, and other related facilities shall be
subject to the state of New Hampshire law authorizing the use of therapeutic
cannabis in New Hampshire as described in NH RSA, Title X, Public
Health, Chapter 126-X and any associated rules subsequently enacted
by the New Hampshire Department of Health and Human Services (DHHS)
or the City of Laconia for the implementation of the Act. The regulations
in this subsection are intended to allow the uses authorized under
state law to the extent permissible while ensuring such uses are established
in a reasonable manner to protect the health, safety, and welfare
of the residents of the City of Laconia.
(b)
An alternative treatment center (ATC) shall be a permitted use
in the Industrial Park (IP), Industrial (I), and Airport Industrial
(AI) Districts, subject to meeting required development standards
and subject to obtaining a conditional use permit and site plan review.
The use shall be prohibited in all other zoning districts.
(c)
An ATC in association with a cultivation, infusion (or manufacturing) facility may be located in the Industrial Park (IP), Industrial (I), and Airport Industrial (AI) Districts, subject to obtaining a conditional use permit as per § 235-71 of this chapter.
(d)
An ATC shall be located in a permanent building and may not
be located in a temporary structure, trailer, cargo container, motor
vehicle, or other similar nonpermanent enclosure.
(e)
An ATC shall not be located in a residential district or within
1,000 feet of the property line of places of worship and religious
institutions, public parks, a preexisting public or private elementary
or secondary school, including a day-care facility, pre-school or
kindergarten, or designated drug-free zones.
(f)
Only ATC technicians shall be permitted to dispense cannabis.
(g)
The ATC shall not dispense cannabis or CIP to a qualifying patient
who is a minor. Instead, cannabis or CIP intended for a minor qualifying
patient shall only be dispensed to the patient's designated caregiver.
(h)
An ATC shall not dispense cannabis or CIP to a visiting qualifying
patient.
(i)
Only an ATC shall be permitted to cultivate cannabis. All phases
of the cultivation of cannabis shall take place in designated, locked,
indoor, limited-access areas that are monitored by a surveillance
camera system in accordance with state law.
(j)
An ATC shall implement appropriate security measures to deter
and prevent the unauthorized entrance into areas containing cannabis
and the theft of cannabis and shall ensure that each location has
an operational security alarm system.
(k)
Operating hours shall not be earlier than 7:00 a.m. and not
later than 7:00 p.m. for an ATC/dispensary. Operating hours for cultivation
facilities will be subject to site plan approval conditions of operation.
(l)
Drive-through services are prohibited. No ATC technicians, employees,
or agents shall make home deliveries of cannabis, CIP, or paraphernalia,
or dispense such products anywhere except at the ATC.
(m)
There shall be no emission of dust, fumes, vapors, smoke, or
odors into the environment from the facility.
(n)
Medical marijuana dispensaries, or cultivation, or marijuana
infusion is prohibited under the home occupation as defined in the
Laconia Zoning Ordinance.
(4)
Production of cannabis-infused products.
(a)
Except for registered, qualifying patients or designated caregivers,
only a registered ATC shall be permitted to produce CIP.
(b)
CIP shall not be considered food and CIP production facilities
shall not be considered food service establishments for the purpose
of food service licensure under RSA 143.
(c)
Production of CIP shall take place in a designated and separated
limited-access area of the registered premises.
(5)
Cannabis waste disposal requirements.
(a)
Cannabis and CIP waste shall be stored, secured, and managed
in accordance with all applicable state and local statutes, regulations,
ordinances, or other requirements.
(b)
Cannabis and CIP waste shall be made unusable and unrecognizable
prior to leaving the registered premises.
(c)
After the cannabis and CIP waste is made unusable and unrecognizable,
then the rendered waste shall be:
(6)
Operating requirements for alternative treatment centers.
(a)
Consumption of marijuana. Marijuana in any form shall not be
consumed by patients or others on the premises of an alternative treatment
center/dispensary, cultivation facility, infusion facility or any
type of medical marijuana facility, nor shall it be consumed in any
form in any public place within the City. The term "premises" includes
the actual building, as well as any accessory structures, outdoor
areas, vehicles, parking lot or parking areas which are part of the
approved location.
(b)
Retail sales of other products and services by a dispensary.
The retail sales of marijuana use items and other health care services
to registered patients shall be subject to the following limitations:
[1]
Marijuana paraphernalia. No retail sales of marijuana paraphernalia
are permitted at a medical marijuana dispensary, except as permitted
by law to qualifying patients and/or designated caregivers.
[2]
Product display. No medical marijuana or paraphernalia shall
be displayed or kept in a medical marijuana dispensary as to be visible
from outside the premises.
[3]
Other health care services. The dispensary may provide consultation
regarding medical marijuana to qualified patients and designated caregivers
as per the rules and regulations established by DHHS. The dispensary
shall not provide other health care services or products unrelated
to medical marijuana as part of the dispensary operations for the
general public or qualifying patients.
(7)
Advertising restrictions.
(a)
An ATC shall be prohibited from advertising its products or
services except as allowed in this subsection.
(b)
Any displays of merchandise, signs, or any other exhibit depicting
the activities of the ATC placed within the interior of the registered
premises shall be arranged or screened to prevent public viewing from
outside such building or premises.
(c)
The following shall not be considered advertising and shall
be allowed:
[1]
A business name and logo to be used in labeling, signage, and
other materials; however, the use of medical symbols, images of cannabis
or cannabis products, related cannabis paraphernalia, and colloquial
references to cannabis or marijuana shall be prohibited from use in
the business name or logo.
[2]
An exterior sign on the ATC building, which displays the business
name and logo, and which meets the following sign criteria:
[a]
Such signage shall be designated to assist qualifying
patients and designated caregivers to find the ATC without drawing
undue attention to the ATC such as through the use of flashing lights;
[b]
Such signage shall not be illuminated during nonbusiness hours and shall comply with Article IX of this chapter; and
[c]
A second location for cultivation and processing
which is separate from the location of the dispensary area of the
ATC shall not be permitted to have such an exterior sign.
(8)
ATC security requirements. An ATC shall have a security system designed
to prevent and detect diversion, theft, or loss of cannabis and unauthorized
intrusion, which shall, at a minimum, include:
(a)
A perimeter alarm on all entry points and perimeter windows
connected to local public safety or law enforcement authorities or
to an alarm monitoring company;
(b)
A failure notification system that provides an audible, text,
or visual notification of any failure in the surveillance system which
alerts designated employees of the ATC within five minutes after the
failure, either by telephone, email, or text message;
(c)
A duress alarm, panic alarm, and holdup alarm connected to local
public safety or law enforcement authorities or to an alarm monitoring
company;
(d)
Video cameras in all areas that may contain cannabis, at all
points of entry and exit, on the entrance to the video surveillance
room, and in any parking lot, which shall be appropriate for the normal
lighting conditions of the area under surveillance. The cameras shall
be directed at all safes, vaults, sales areas, and areas where cannabis
is cultivated, harvested, processed, prepared, stored, handled, or
dispensed. Cameras shall be angled so as to allow for the capture
of clear and certain identification of any person entering or exiting
the ATC or area;
(e)
Twenty-four-hour recordings from all video cameras that are
available for immediate viewing by the department upon request and
that are retained for at least 90 calendar days. Recordings shall
not be destroyed or altered, and shall be retained as long as necessary
if the ATC is made aware of a pending criminal, civil, or administrative
investigation, or legal proceeding for which the recording might contain
relevant information;
(f)
The ability to immediately produce a clear, color, still photo
either live or from a recording;
(g)
A date and time stamp embedded on all recordings which shall
be synchronized, set correctly, and shall not obscure the picture;
(h)
A video recording that allows for the exporting of still images
in an industry standard image format, including .jpg, .bmp, and .gif.
Exported video shall have the ability to be archived in a proprietary
format that ensures authentication of the video and guarantees that
no alteration of the recorded image has taken place. Exported video
shall also have the ability to be saved in an industry standard file
format that can be played on a standard computer operating system.
All recordings shall be erased or destroyed prior to disposal; and
(i)
The functionality that the security system shall remain operational
during a power outage.
(9)
Suspension or revocation of business registration. The City of Laconia
site plan approval for a medical marijuana use may be suspended or
revoked for any of the following violations:
(a)
Misrepresentation or omission of any material fact, or false
or misleading information, on the application or any amendment thereto,
or any other information provided to the City related to the medical
marijuana business.
(10)
Additional licenses and permits. The facility Site Plan Approval
requirement set forth in this Section shall be in addition to any
other licensing, permitting, or registration requirements imposed
by any other federal, state, or local jurisdiction, including but
not limited to DHHS approval, building permits, fire alarm permits,
zoning approval, all state retail sales and licensing, or any applicable
health, safety, building, or development license or permit.
A.
Outdoor storage. Outdoor storage shall be clearly necessary to the
operation and conduct of a permitted principal use and shall be completely
screened by means of a solid, natural screen, fence or wall, which
is maintained in good repair.
B.
Accessory docks.
(1)
The principal use of the lot is not defined as a commercial marina
or yacht club.
(2)
The number of slips proposed is no greater than the maximum number
permitted by the New Hampshire Wetlands Board.
(3)
The docks are clearly incidental and subordinate to the principal
use of the lot and are for the exclusive use of the principal use.
(4)
No sale, rental or lease of docks or parking spaces on the property
is permitted.
(5)
No additional demand for off-street parking beyond that required
for the principal use of the lot is created.
C.
Parking and storage of unlicensed vehicles. Except as approved as
a junkyard or vehicle wrecking and salvage yard, not more than one
currently unregistered or uninspected vehicle shall be parked on any
lot. Said vehicle shall be located in the rear yard and shall not
be disassembled in any manner. Vehicles not requiring registration
or inspection for legal use are exempted from this provision.
[Added 8-13-2001 by Ord. No. 05.2001.05]
D.
Storage of recreational vehicles, travel trailers, campers and boats.
Recreational vehicles, travel trailers, campers or boats shall be
stored in a carport, enclosed building or rear yard area and shall
not be located within 10 feet of the lot line. No such equipment shall
be used for living, sleeping or housekeeping purposes.
[Added 8-13-2001 by Ord. No. 05.2001.05]
E.
Storage containers.
[Added 8-13-2001 by Ord. No. 05.2001.05; amended 8-26-2019 by Ord. No. 2019-235]
(1)
In the CR, UC and C Districts, storage containers shall be limited
to those a maximum of eight feet in height and shall be obstructed
from view, both from the street and adjacent properties and from water
views by the provisions of a year-round screen. The screen may consist
of enclosures, fences, earth or landscaping or any combination thereof
that provides a year-round screen.
(2)
In the IP, I and AI Districts, storage containers shall meet the
minimum requirements as set forth above for CR, UC and C Districts
when such containers are visible from nonindustrial districts.
F.
Storage trailers. IP, I and AI Districts storage trailers shall be
fully enclosed when located within view of nonindustrial districts.
[Added 8-13-2001 by Ord. No. 05.2001.05]
All construction and development which takes place shall be
in accordance with the Stormwater Management and Erosion and Sedimentation
Control Handbook for Urban and Developing Areas in New Hampshire,
August 1992, New Hampshire Department of Environmental Services, et
al, as may be amended. (A reference copy is available for review at
the Planning and Community Development Department.)
A.
Subdivisions of land, nonresidential and multifamily residential
development shall require the approval by the Planning Board of a
Type 3 pre- and post-construction erosion and sediment control plan.
Minor site plans under the jurisdiction of the Technical Review Committee
and subdivisions which do not require the construction of drainage
improvements, utilities or streets are exempt from this provision.
B.
For single-family and two-family dwellings, the Director of Planning
and Community Development or his or her designee shall, as part of
the building application process, determine the type of pre- and post-construction
erosion and sediment control plan required.
[Amended 8-14-2000 by Ord. No. 07.2000.07]
C.
Pre- and post-construction erosion and sediment control plan. The
following descriptions are intended to provide a guideline for the
applicant, Planning Board and the Director of Planning and Community
Development or his or her designee for the determination of the type
and scope of a plan as required. Plans may include but are not limited
to:
[Amended 8-14-2000 by Ord. No. 07.2000.07]
(1)
Type 1: a written description of existing site characteristics, proposed
development activities including earth disturbing activities and proposed
best management practices to control erosion and sedimentation.
(2)
Type 2: a plot plan or similar sketch to scale showing the location
of existing site characteristics, proposed development activities
including proposed limits of clearing and proposed limits or disturbing
activities and the location or proposed best management practices
to control erosion and sedimentation.
(3)
Type 3: a designed plan, prepared and stamped by a New Hampshire
licensed professional engineer.
