(Reserved)
To ensure site safety and to protect the safety and capacity of the road network, the following standards are established to control site access:
A. 
Any property having access onto a state highway shall obtain a state driveway permit or a letter from the NH DOT stating that such permit is not necessary given the scope of the current application.
B. 
Any property having access onto a Town highway shall obtain a Town driveway permit or a letter from the Public Works Director stating that such permit is not necessary given the scope of the current application.
C. 
A lot shall have no more than one driveway onto each road on which it fronts, except that a pair of one-way driveways (one each entrance and exit) which are adequately designed, signed and marked as being one-way may be substituted for a single two-way driveway, and except as permitted in Subsection D below.
D. 
Due to access needs of industry, industrial uses in the Industrial-1 District may have multiple driveways, provided that they are not located within 100 feet of any other driveway on- or off-site.
E. 
All commercial driveways shall be paved with bituminous concrete.
F. 
Driveways shall be in accordance with Chapter 130, Subdivision of Land, § 130-67C(8), of the Conway Code.
G. 
For commercial sites, there shall be connecting drives (not considered driveways when calculating the limit on the number of driveways) provided to the property boundaries of adjoining commercial sites to permit access to adjacent properties without forcing patrons to travel on the road network.
H. 
In the case of a concurrent subdivision and site plan or where otherwise feasible, shared driveways for adjacent lots shall be required. All shared driveways shall require a recorded cross-easement for access.
I. 
The Board may require the frontage of the property and the driveway to be curbed if it will improve traffic control and safety. Curbing shall be granite.
Off-street parking spaces shall be provided in accordance with these specifications for any change of use, new use, or expansion. In no case shall on-street parking be credited for any site because its availability is subject to change over time based on the public need to use the right-of-way for other, possibly conflicting, uses.
A. 
Number of spaces. Each site shall provide at least the minimum number of parking spaces for the site, determined as follows:
(1) 
The following minimum standards shall apply:
Use
Spaces Required
Church, school, theater
1 per 3 seats
Lounge
1 per 2 seats
Restaurant
1 per 3 seats
Hospital, nursing/convalescent home
1 per 3 beds plus 1 per 3 employees on day shift
Industrial
1 per 1.2 employees based on maximum shift
Hotel, motel, lodging house
1.1 per lodging unit
Private club or lodge
1 per 4 members
Office
1 per 250 square feet of gross area
Business service establishment
1 per 250 square feet of gross area
Residential
2 per unit
Retail
1 per 200 square feet of gross area
Personal service establishment
1 per 200 square feet of gross area
Mall
1 per 200 square feet of gross area
(2) 
Alternative standards. Per § 110-43 regarding waivers and substitutions, the following parking standards may be suitable for substitution:
(a) 
Parking Requirements for Shopping Centers; Summary Recommendations and Research Study Report. Urban Land Institute. Washington, 1982.
(b) 
Shared Parking. Urban Land Institute. Washington, 1990.
(c) 
Parking Generation. Institute of Transportation Engineers. Washington, 1987.
B. 
Credit for public parking lot. In the event that there is a public parking lot within 400 feet, the amount of parking to be provided by the applicant may be reduced by up to 20% of the total required, as defined by Subsection A above, to account for patron use of the public lot. In no case shall the number of spaces credited to the public parking lot exceed 10% of the total number of spaces in the public lot.
C. 
Parking reduction. (Reserved)
D. 
Parking space location. Of the total number of parking spaces required, off-site parking on a separate private lot of record shall be permitted in lieu of on-site parking when the following conditions are met:
(1) 
The parking spaces on the other lot of record are located within 400 feet of the parking area on the applicant's lot;
(2) 
The other parking is off-street;
(3) 
The applicant's use is permitted in the zoning district in which the off-site parking is located;
(4) 
The lot providing the parking documents that excess parking spaces are available based on parking standards in this code; and
(5) 
A recorded parking easement which specifies the number and location of parking spaces is provided.
E. 
Minimum number of handicap parking spaces. Each site shall provide the appropriate number of handicap parking spaces in accordance with 2010 ADA standards for accessible design, as amended.
[Amended 4-11-2017 ATM by Art. 29]
Parking lots shall meet the following design requirements, in addition to any other applicable design requirements contained in this chapter:
A. 
Aisle widths. Minimum aisle widths in parking lots shall be 18 feet for one-way aisles and 24 feet for two-way aisles.
B. 
All parking lots, loading areas and travel aisles shall be paved with bituminous concrete.
C. 
Parking space dimensions. Minimum parking space sizes shall be nine feet wide by 18 feet long. Handicap parking spaces shall be 11 feet wide by 18 feet long and must adjoin a five-foot access aisle, which may be shared by adjoining handicap parking spaces.
D. 
Traffic control islands. In any parking lot, no more than two travel aisles, one-way or two-way, may run generally parallel to one another without separation by a raised, curbed traffic control island which runs parallel to and the full length of the aisles. Traffic control islands shall be a minimum of 12 feet in width. At the ends of each traffic control island there shall be twelve-foot-wide raised islands that shall extend (on both sides, if parking rows are double) the full length of the parking stalls. The applicant, if desired, may shorten the main traffic control islands no more than 14 feet at each end to better allow for the removal of snow. If the main traffic control island is proposed to be shortened, pavement markings will be required to prohibit through-traffic. The Board may require additional traffic control islands to prevent or correct traffic safety problems. Curbing shall be granite.
E. 
Traffic circulation. The parking lot design shall be such that there is safe and adequate traffic circulation and room to stack exiting vehicles separate from the entering traffic lane(s).
F. 
Percentage of parking lots to be landscaped. At a minimum, between 10% and 15% of the total square footage of the parking lot shall be landscaped. The higher percentage (15%) shall be used for larger parking lots consisting of 50 or more spaces. The lower percentage (10%) shall be used for smaller parking lots consisting of fewer than 50 parking spaces. Traffic control islands shall be a minimum of 12 feet in width. All parking lot landscaping shall be tolerant and appropriate for lot conditions. Existing natural groupings or clusters of trees/plantings shall also be preserved.
[Added 5-12-2022]
A. 
All nonresidential sites shall provide off-street loading facilities. These facilities shall be located and designed to minimize traffic flow disruptions of entering and exiting vehicles, and so that delivery vehicles can be parked completely out of the right-of-way.
B. 
Outside facilities for trailers, vehicles or other portable structures (including containers) used for storage or warehousing of goods or material shall be screened from sight from abutting properties and streets by means of an opaque or vegetated buffer approved by the Board. The facility and buffer shall be represented on an approved site plan. The square footage of the facility is deemed as disturbed area and shall be considered in the parking demand calculations.
C. 
For construction projects having a valid building permit, a trailer located on the site for the lesser of one year or the life of the building permit, provided that it is a necessary convenience for the construction project and that no public safety or health hazards shall be created, is not subject to this section.
Snow removal shall be considered for all sites, and the general plan for snow removal shall be indicated in a note. Locations for snow storage shall be designated on the plat, or there shall be a note indicating that all snow shall be removed from the site. In no case shall snow be stored on a landscaped area in which the snow pile could destroy the landscaping.
All sites shall provide for safe pedestrian access and circulation. Such provision shall include sidewalk access to existing street-side sidewalks if applicable, pedestrian aisles through parking lots and other facilities as are appropriate for the site.
Lighting of sites shall be designed to prevent off-site disturbance, nuisance or hazard. All outdoor light sources shall be designed, directed and/or shielded such that the nighttime lighting is primarily contained on the site, shielding, to the extent necessary, abutting properties and roads. No light source shall be permitted if that light causes glare or other safety problems on an adjacent street.
A. 
Outdoor lighting fixtures shall not be mounted higher than 25 feet.
B. 
Individual light fixtures (or the sum for clusters of fixtures supported on a single pole) shall not exceed 40,000 lumens. As an incentive to promote the use of energy-efficient light emitting diode (LED) fixtures, if site lighting is comprised entirely of energy-efficient LED fixtures, the maximum illuminance of individual light fixtures (or the sum for clusters of fixtures supported on a single pole) may be increased by 25% and shall not exceed 50,000 lumens.
C. 
The total initial site lumens of all site lighting systems shall not exceed four lumens per square foot of disturbed area. As an incentive to promote the use of energy-efficient LED fixtures, if site lighting is comprised entirely of energy-efficient LED fixtures the total initial site lumens of all site lighting systems may be increased by 10% and shall not exceed 4.4 lumens per square foot of disturbed area.
D. 
Site lighting shall not trespass beyond property lines; luminance along property lines shall be measured within six feet of finish grade along the property line.
E. 
All lighting fixtures shall be listed as approved by the International Dark Sky Association (IDA), fully shielded and installed per manufacturer's specifications. Fixtures that have the same specifications as an IDA-approved equivalent may be substituted to satisfy this requirement.
[Amended 7-28-2016]
F. 
The Board may reduce the permitted heights to reduce or eliminate undue adverse impacts.
Storm drainage of the site shall be designed with provisions for retention and gradual release of stormwater. This shall include provisions for upgrading the existing drainage system if it is inadequate. All additional stormwater and runoff which results from the proposed development shall be retained on-site and shall not drain onto adjacent properties, roads or waterways. Drainage plans and calculations, prepared and certified by a licensed NH professional engineer, shall be submitted with the application. Drainage facilities shall be designed to accommodate a twenty-five-year storm event. Where drainage is being calculated for a compacted gravel surface such as a parking lot, the calculations shall reflect a paved surface so that future paving of the lot does not significantly alter the drainage of the site.
To enhance the design of the site and the Town, all utility systems shall be placed underground in conformity with the terms and specifications of the utility company involved under the following circumstances:
A. 
For new development or new buildings; and
B. 
For expansions of greater than 5,000 square feet or 50%, whichever is more restrictive, of floor space.
Every lot shall comply with the following standards in order to: enhance site design; enhance privacy; separate, screen and shield potentially conflicting land uses or abutters from undue impact; reserve a portion of the lot to remain undeveloped, permeable, and vegetated; control excessive stormwater runoff; prevent soil erosion and pollution of water bodies; reduce heat, glare and dust; not detract from the Town's aesthetic qualities; and help integrate the built environment with the natural environment.
A. 
Buffer areas. Every lot shall reserve a buffer area along and within its perimeter boundaries in accordance with the following:
(1) 
The buffer area shall be defined as that area within the front, sideline, and back lot line setbacks as specified in Chapter 190, Zoning, of the Conway Code, and 100 feet from the platted right-of-way of the North-South Road between the extension of the center line of Barnes Road and the center line of Depot Road, except as limited in Subsection A(5) below, and setbacks from natural resources (such as from rivers or lakes) shall not apply;
(2) 
The buffer area shall be vegetated with a mixture of deciduous and coniferous plantings, except for driveways and other features approved by the Board. The plantings shall be placed to shield structures and uses from the view of abutting properties where the abutting properties would otherwise be adversely impacted.
[Amended 5-12-2022]
(3) 
The buffer area shall not be used for merchandise display, vehicle parking or storage, or any other use which conflicts with the purpose and standards of this landscaping section;
(4) 
Driveways shall cross the buffer areas at an angle of 90° +/-15° to the perimeter boundary;
(5) 
In the Conway Village Commercial and North Conway Village Commercial Districts, the buffer shall not include the area within the front setback. The purpose of this exception is to permit activities related to the primary use within this area, such as outdoor restaurant seating or merchandise display. Such uses shall require Board approval under this chapter, and related site improvements such as additional parking and drainage shall be required; and
(6) 
In order to mitigate nuisance to abutting residential uses and residentially zoned lands, the Planning Board may increase the buffer depth to as much as 50 feet. The Board may also require additional mitigation (including but not limited to vegetation and fencing) or a combination of mitigation strategies to protect abutting residential properties.
B. 
Greenspace. In all zoning districts, greenspace shall comprise no less than 30% of the total lot area, exclusive of wetlands, water bodies, one-hundred-year floodplains (or ten-year floodplains adjacent to Pequawket Pond), and slopes over 25%, except as permitted in Subsection B(1) below.
[Amended 4-13-2023]
(1) 
In the Industrial-1 District, greenspace shall comprise no less than 25% of the total lot area, inclusive of wetlands, one-hundred-year floodplains (or ten-year floodplains adjacent to Pequawket Pond), and exclusive of slopes over 25% and water bodies.
C. 
Industrial uses in the Industrial-1 District shall plant, at a minimum, trees 50 feet on center in the rear and side setback areas. Trees shall be planted 25 feet on center in all front setback areas. Where buffer areas are adjacent to sites that are landscaped, every effort shall be made to stagger tree plantings such that they fill in the existing voids on the adjacent site. Additionally, every effort shall be made to save existing trees on site. Additional tree plantings may be required by the Board to screen the visual impact of buildings and to aid in noise reduction.
D. 
Trees. All lots regulated by this chapter (except those subject to Subsection C) shall have trees in accordance with Subsection D(1) through (11) below.
(1) 
Trees, either newly planted or existing on the lot, shall be provided at the rate of one tree per 500 square feet of disturbed area, provided that, in the case of an expansion of an existing site, credit for existing trees shall be granted only for trees which the applicant demonstrates are in excess of the requirements for the existing site under this chapter;
(2) 
To be credited as landscaping, a tree shall have a caliper of at least three inches at a point six inches above the top of the root ball;
(3) 
Credit for landscaping shall only be given to existing trees within 70 feet of the proposed main structure(s) or parking lots;
(4) 
For existing trees which will be preserved, those with a caliper of 12 inches or more may be credited by the Board as two trees, and those with a caliper of 24 inches or more may be credited by the Board as four trees, provided the applicant complies with the relevant provisions of Subsection D(4), (5), (6), (7), (8) and (9) below;
(5) 
To be credited as landscaping, any tree which is planted within 25 feet of a street right-of-way shall not be of a salt-sensitive species, and appropriate documentation shall be presented with the landscaping plan;
(6) 
A minimum of 50% of the total number of required trees for the entire site shall be located in islands and along the borders of the required parking lot(s);
(7) 
Lots which require traffic control islands pursuant to § 110-23 shall locate at least 10% of the total number of required trees for the entire site within the required traffic control islands;
(8) 
Street trees are required to be planted as part of the landscaping required herein. Salt-tolerant trees as defined in the manuals referenced in Subsection D(10) below, of at least three-inch caliper measured at a point six inches above the root ball, shall be planted no more than five feet from the property line along all public and private rights-of-way, at a rate of at least one tree per 50 feet of right-of-way. Accordingly, trees should be planted 50 feet on center. Trees shall be planted between the road and the sidewalk where practical. A minimum of two street trees shall be required per lot. The Planning Board shall provide guidance as to the planting location of all proposed street trees;
[Amended 4-11-2017 ATM by Art. 29; 4-14-2022]
(9) 
Tree size and planting locations shall be selected so that the tree, upon reaching its mature size, shall not interfere with existing overhead utility lines, unless, as a part of the application, the overhead lines are to be relocated;
(10) 
Planting and transplanting of trees shall be in accordance with accepted horticultural standards, as specified in The Planting and Care of Shade Trees (Maine Forest Service and NH Cooperative Extension Service, Bulletin No. 10, June 1985), or an equivalent technical manual approved by the Board; and
(11) 
Existing trees that are to be credited as landscaping shall be protected during site construction activities. A snow fence shall be erected around the tree to protect the roots from soil compression and to help prevent branches from being broken. No storage of any materials or driving of any vehicles within the fenced-in area shall be permitted. The fence shall be no closer to the trunk of the tree than 8.5 feet, and additional distance may be required if the Board deems it necessary to carry out the purposes of this section. In addition, an undisturbed 8.5-foot radius shall be preserved around each existing tree that is to be credited as landscaping, measured from the trunk.
E. 
General standards. The following general standards shall apply to all lots:
(1) 
Landscaping shall not obstruct the line of sight, or create other hazards for vehicular and pedestrian traffic;
(2) 
Snow storage shall not be allowed in areas where the trees could be damaged or destroyed; and
(3) 
Shrubs, flower beds and other vegetative landscaping shall be permitted at the property owner's discretion. Suitable vegetative ground cover shall be maintained to ensure soil stability.
A. 
The purpose of these regulations is to provide design standards for developments or renovations of commercial properties that complement the overall New England or Mountain Town ambiance of the community. Examples of New England architecture include, but are not limited to, Cape Cod, Salt Box, Colonial, Greek Revival, Federal, Italianate, Shingle and Queen Anne styles. Examples of Mountain Town architecture include, but are not limited to, Mountain Modern, Post and Beam, Scandinavian Modern and Adirondack styles. Applicants must demonstrate that new or renovated buildings incorporate architectural features that are compatible with the architectural features of existing buildings in the area or is in keeping with the purposes and dimensional requirements of the underlying zoning district. It is not intended that the details of the existing buildings be duplicated precisely, but those features should be regarded as examples of the extent, nature, and scale of details that would be appropriate on new buildings or alterations.
[Amended 8-25-2022]
B. 
These regulations are not intended to restrict imagination, innovation or variety in the new construction or renovation of commercial buildings and related property, but rather to encourage continued economic development, conserve property values, and further enhance the visual appearance of the community. These regulations (§ 110-30) do not apply to buildings in the Industrial-1 and Industrial-2 Districts.
C. 
The regulations contained herein do not expect to foresee all possible proposed building situations. Decisions concerning such unforeseen situations will be made with these regulations in mind.
(1) 
Monotony of design or warehouse-style structures shall be avoided. Variation in detail, form and siting shall be used to provide visual interest. In order to prevent the construction of warehouse-style buildings, i.e., buildings with long, horizontal roof lines, all new buildings and additions shall have pitched roofs of 3:12 or greater or gabled roofs, where practical.
(a) 
In cases where pitched roofs are not practical, the use of false building fronts shall be used to imitate pitched roofs to vary the horizontal lines along portions of the facade to create the appearance of multiple attached buildings. All sides of a structure should receive design consideration. A facade unrelated to the rest of the building is not an acceptable design.
(b) 
In large commercial structures (over 100 feet in length), building elevations shall be designed to give the appearance of multiple attached buildings, utilizing architectural elements such as dormers, gables, wall plane projections and recesses, molding, trim design, etc.
[Amended 8-25-2022]
(c) 
In any case, all rooftop mechanical units shall be located so as not to be visible from street level or from public areas from ground level.
(d) 
Rooftop solar panels are permitted so long as they are flush-mounted at the same pitch as the underlying roof.
[Added 3-14-2019]
(2) 
The exterior surfaces of all buildings shall be covered with wood, stone, brick or man-made materials that simulate natural materials (such as architectural concrete masonry units). Pitched roofs shall be constructed of shingles, metal roofing or other materials traditionally used in this region.
(3) 
Windows shall comprise no less than 5% of the exterior wall surface of the portions of the building facing either a public right-of-way, parking area, or a development area on or off site. Windows may be used for either interior illumination or for display purposes. This guideline will be waived if it is shown that the windows will serve no useful function and will interfere with an otherwise acceptable architectural design.
Any business or group of businesses on one lot, with 5,000 or more square feet of floor space open to the public, shall provide restrooms for its guests, invitees and customers. Multiple commercial businesses on the same lot may have common restrooms reasonably located, so long as they are adequately designed to serve all guests, invitees and customers for all such commercial businesses on said lot.
All sites shall provide solid waste facilities for both recycling and disposal as necessary to serve the site. All such facilities shall be screened from sight from abutting properties and streets by means of a fenced or landscaped enclosure, and the type of facility shall be labeled on the plan. In all cases, facilities shall be selected and operated to minimize windblown litter problems.
It is requested, though not required, that applicants make every reasonable attempt to preserve, enhance and reuse historic sites and structures.
In areas not served by municipal water, provisions for on-site water supply shall be indicated. The well location and its protective radius as required by the state shall be indicated on the plat. Areas within the protective radius which do not fall within the lot shall require wellhead protection easements, recorded at the Carroll County Registry of Deeds, prior to approval, and the book and page number of these easements shall be indicated on the plat.
In areas not served by municipal sewage disposal, provisions for on-site sewage disposal shall be indicated. A state-approved septic system design is required prior to final approval, and the approval number shall be indicated on the plat.
Adequate provisions shall be made to provide for wheelchair access on the site and into structures and site uses, unless the applicant can document that such access is not required by the Americans with Disabilities Act of 1990 (ADA). This shall include the following:
A. 
Curb ramps shall be provided as necessary.
B. 
Access aisles adjoining handicap parking spaces shall be paved (with asphalt, concrete or other suitable material for wheelchair travel) flush to the ground, and the pavement shall extend all the way to the nearest wheelchair-accessible entrance. Handicap parking spaces shall be located adjacent to wheelchair-accessible entrances.
C. 
Handicap parking spaces shall be identified by painted marking on the surface of the pavement, and by a separate permanent sign posted in front of or next to the space, with a sign height of at least five feet but not more than eight feet.
D. 
Wherever practical, the main entrance shall be wheelchair-accessible.
E. 
It is recommended, though not required, that a "drop-off" area be located at wheelchair-accessible entrances.
F. 
Where necessary, wheelchair ramps shall be provided, with a slope not to exceed one foot of rise per 12 feet of run, and a width as required by the ADA.
G. 
The slope of a handicap parking space and adjoining access aisles shall not exceed one foot of rise per 20 feet of run.
For sites within the one-hundred-year floodplain, provisions shall be made to minimize flood damage and exposure to flood hazards on and off site in accordance with Chapter 190, Zoning, of the Conway Code if any development is permitted at all.
Construction requirements for roads, parking areas, bridges, sidewalks, and drainage facilities shall be in accordance with the Standard Specifications for Road and Bridge Construction, as published by the State of New Hampshire Department of Transportation and the road standards of Chapter 130, Subdivision of Land, of the Conway Code. In cases where alternative construction specifications are suggested by the applicant, the Planning Board shall determine which shall be applicable.
In unique circumstances where these regulations do not address specific site design matters which, if not regulated, would constitute a serious nuisance to abutters or the public, the Planning Board may, solely at its option, place reasonable restrictions on the site design to prevent or reduce the nuisance. The burden of proof shall be on the complainant to adequately document the nuisance condition prior to any action of the Board. The Board must then weigh the significance of the nuisance against the effect which corrective measures would have on the applicant. Any time this provision of this chapter is invoked by the Board, a written explanation of the facts, circumstances and findings of the Board shall be accepted by a formal vote of the Board, and this shall be retained in the file in case of future legal actions.
In unusual circumstances where these regulations do not address specific site design matters which, if not regulated, would constitute a threat to public health or safety, the Planning Board may place reasonable restrictions on the site design to prevent or reduce the threat. Any time this provision of this chapter is invoked by the Board, a written explanation of the circumstances and findings of the Board shall be accepted by a formal vote of the Board, and this shall be retained in the file in case of future legal actions.
The purpose of this section is to regulate outdoor merchandise sales and displays.
A. 
Sale areas shall meet the following criteria:
(1) 
Site plan approval shall be required for all sales regulated by this chapter.
(2) 
The maximum allowable outdoor sale area shall be the lesser of 5% of the interior floor area or 1,000 square feet.
(3) 
Only one sale area shall be allowed per business.
(4) 
Sale areas shall not be permitted within any public or private right-of-way.
(5) 
Sale areas shall be located within covered sidewalk areas if they exist. In cases where an uncovered sidewalk or no sidewalk exists, sale areas shall be located within five feet of the building, separated from all parking areas by at least five feet.
(6) 
Such uses shall comply with all Town-adopted building, fire, life safety and ADA codes at the time of application.
B. 
This section shall not in any way supersede the guidelines set forth in § 110-30.
The following notes shall be required to be placed on all site plans prior to final approval:
A. 
"The landscaping of the site depicted on this plan is integral to the approval by the Conway Planning Board, and shall be reasonably maintained and, when dead or removed, must be reasonably replaced."
B. 
"The owner has represented to the Conway Planning Board and depicted or noted hereon all known restrictions and easements applicable to this land. All applicable restrictions and easements of record for this land, whether or not depicted or noted hereon, shall not be affected or modified by the approval hereunder."
C. 
"The applicant has designed this site to safely accommodate maximum length vehicles and trucks, either delivering to, or using the facility."
D. 
"All snow shall be stored in the area(s) depicted on this plan as snow storage areas. In the event that the area(s) approved for snow storage becomes full, the owner shall reasonably remove excess snow from the site and shall not allow snow to be stored within parking lots or travel aisles."
E. 
"All waste materials and recyclables shall be contained within the building(s) or approved storage facilities and shall not be otherwise stored on the property."