(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
|
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:
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.
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."
