[Amended 7-7-2015]
A.
All nonresidential development, including any parking and storage
areas, shall be screened/buffered from any adjacent residential property
situated to the side or rear as stipulated by the Planning Board under
site review. The Board may stipulate plantings and/or fencing, as
reasonably appropriate. See Figure 27-A, Screening Between Commercial
and Residential Uses, as an example.
B.
All multifamily development, consisting of three units of more, including
parking areas, shall be screened/buffered from any adjacent single-family
dwellings situated to the side or rear as required by the Planning
Board under site review. The Board may stipulate plantings and/or
fencing, as reasonably appropriate. This requirement does not apply
in situations where multifamily development is specifically designed
to integrate with single-family dwellings in mixed-use developments.
Figure 27-A, Screening Between Commercial and Residential
Uses
|
Pursuant to RSA 289:3, III, there shall be no construction,
excavation, or development, nor placement of any buildings, structures,
signage, or parking, inside or within 25 feet of a known burial site
or within 25 feet of the boundaries of an established burial ground
or cemetery. For the purposes of this section, the term "excavation"
shall include the disturbance to a depth of 12 inches or more of soil
for activities such as landscaping, utility trenching, tree planting,
etc. No healthy tree with a diameter at breast height of eight inches
or more may be cut or removed within 25 feet of any established burial
ground or cemetery except by special exception for good cause and
with appropriate mitigation. No new chain-link fence shall be installed
in or around any cemetery.
A.
Purpose. This section is enacted pursuant to RSA 674:16 and 674:21:
[Amended 1-7-2020]
(1)
To assess new development for its proportionate share of the
public capital facility costs.
B.
Authority.
[Amended 1-7-2020]
(1)
Impact fees may be assessed to new development to compensate
the City of Rochester and the School Department for a proportionate
share of the cost of the capital facility needs occasioned by new
development. Any person who seeks a building permit for new development
may be required to pay an impact fee in the manner set forth herein.
(2)
The Planning Board may, as a condition of approval of any subdivision
or site plan, and when consistent with applicable Board regulations,
require an applicant to pay an impact fee for the applicant's proportional
share of public facilities affected by the development.
(3)
Nothing in this section shall be construed to limit the authority
of the Planning Board or the City to require exactions for off-site
improvements, other conditions of approval, or to assess other fees
governed by other statutes, ordinances, or regulations.
C.
IMPACT FEE
NEW DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(2)
OFF-SITE IMPROVEMENTS
Definitions. For the purposes of this section, the following terms
shall have the meanings indicated:
A fee or assessment imposed upon development, including subdivision
or building construction, in order to help meet the needs occasioned
by that development for the construction or improvement of capital
facilities owned or operated by the City of Rochester or the Rochester
School Department, including and limited to water treatment and distribution
facilities; wastewater treatment and disposal facilities; sanitary
sewers; stormwater, drainage and flood control facilities; public
road systems and rights-of-way; municipal office facilities; public
school facilities; public safety facilities; solid waste collection,
transfer, recycling, processing and disposal facilities; public library
facilities; and public recreational facilities not including public
open space.
[Amended 1-7-2020]
An activity that results in any one of the following:
The creation of a new dwelling unit or units;
The conversion of a legally existing use, or additions thereto,
which would result in a net increase in the number of dwelling units;
Construction resulting in a new nonresidential building or a
net increase in the floor area of any nonresidential building; or
The conversion of an existing use to another use if such change
results in an increase in the demand on public capital facilities
that are the subject of impact fee assessments.
[Amended 1-7-2020]
New development shall not include the replacement of an existing
manufactured home or the reconstruction of a structure that has been
destroyed by fire or natural disaster where there is no change in
its size, density or type of use, and where there is no net increase
in demand on public capital facilities.
Highway, drainage, sewer, or water upgrades or improvements
that are necessitated by a development but which are located outside
the boundaries of the property, as determined by the Planning Board
during the course of subdivision or site plan approval.
[Added 1-7-2020]
D.
Assessment methodology.
(1)
Proportionality. The amount of the impact fee shall be calculated
by the Planning Board to be a proportional share of municipal capital
improvement costs which is reasonably related to the capital needs
created by the development, and to the benefits accruing to the development
from the capital improvements financed by the fee. The Planning Board
may prepare, adopt, or amend studies or reports that are consistent
with the above standards, and which define a methodology for impact
fee assessment for public capital facilities, and impact fee assessment
schedules therefor.
(2)
Existing deficiencies. Upgrading of existing facilities and
infrastructure, the need for which is not created by new development,
shall not be paid for by impact fees.
E.
Administration.
(1)
Accounting. In accord with RSA 673:16, II, and 674:21, V(c),
impact fees shall be accounted for separately, shall be segregated
from the City's general fund, may be spent upon order of the City
Council, and shall be used solely for the capital improvements for
which they were collected, or to recoup the cost of capital improvements
made in anticipation of the needs which the fees were collected to
meet. In the event that bonds or similar debt instruments have been
or will be issued by the City of Rochester or the Rochester School
District for the funding of capital improvements that are the subject
of impact fee assessment, impact fees from the appropriate related
capital facility impact fee accounts may be applied to pay debt service
on such bonds or similar debt instruments.
(2)
Assessment. All impact fees imposed pursuant to this section
shall be assessed at the time of Planning Board approval of a subdivision
plan or site plan. When Planning Board approval is not required, or
has been made prior to the adoption or amendment of the impact fee
ordinance, impact fees shall be assessed prior to, or as a condition
for, the issuance of a building permit or other appropriate permission
to proceed with development, as determined by the Building Inspector.
Impact fees shall be intended to reflect the effect of development
upon municipal and/or school facilities at the time of the issuance
of the building permit.
[Amended 1-7-2020]
(3)
Security. In the interim between assessment and collection,
the Building Inspector may require developers to post bonds, issue
letters of credit, accept liens, or otherwise provide suitable measures
of security so as to guarantee future payment of assessed impact fees.
(4)
Collection. Impact fees shall be collected as a condition for
the issuance of a certificate of occupancy. If no certificate of occupancy
is required, impact fees shall be collected when the development is
ready for its intended use. Nothing in this section shall prevent
the Building Inspector, with the approval of the Planning Board, and
the assessed party from establishing an alternate, mutually acceptable
schedule of payment.
[Amended 1-7-2020]
(5)
Refund of fees paid. The current owner of record of property
for which an impact fee has been paid shall be entitled to a refund
of that fee, plus accrued interest, under the following circumstances:
(a)
When either the full or partial portion of the impact fee, whichever
is applicable, has not been encumbered or legally bound to be spent
for the purpose for which it was collected within a period of six
years from the date of the full and final payment of the fee; or
(b)
When the City of Rochester or, in the case of school impact
fees, the Rochester School District has failed, within the period
of six years from the date of the full and final payment of such fee,
to appropriate its proportionate non-impact fee share of related capital
improvement costs.
F.
Appeals.
(1)
A party aggrieved by a decision made by the Building Inspector
regarding the assessment or collection of impact fees authorized by
this section may appeal such decision to the Planning Board.
(2)
In accord with RSA 676:5, III, appeals of the decision of the
Planning Board in administering this section may be made to Superior
Court, as provided in RSA 676:5, III, and 677:15.
G.
Waivers. The Planning Board may grant full or partial waivers of
impact fees where the Board finds that one or more of the following
criteria are met with respect to the particular public capital facilities
for which impact fees are normally assessed:
(1)
An applicant may request a full or partial waiver of school
impact fees for those residential units that are lawfully restricted
to occupancy by senior citizens age 55 or over in a development that
is also maintained in compliance with the provisions of RSA 354-A:15,
Housing for Older Persons. The Planning Board may waive school impact
fee assessments on such age-restricted units where it finds that the
property will be bound by lawful deeded restrictions on occupancy
by senior citizens age 62 or over for a period of at least 20 years.
[Amended 1-7-2020]
(2)
A person may request a full or partial waiver of impact fees
for construction within a subdivision or site plan approved by the
Planning Board prior to the effective date of this section. Prior
to granting such a waiver, the Planning Board must find that the proposed
construction is entitled to the five-year exemption provided by RSA
674:39, pursuant to that statute. This waiver shall not be applicable
to phases of a phased development project where active and substantial
development, building and construction has not yet occurred in the
phase in which construction is proposed.
[Amended 3-5-2019]
(3)
The Planning Board may agree to waive all or part of an impact
fee assessment and accept in lieu of a cash payment a proposed contribution
of real property or facility improvements of equivalent value and
utility to the public. Prior to acting on a request for a waiver of
impact fees under this provision that would involve a contribution
of real property or the construction of capital facilities, the Planning
Board shall submit a copy of the waiver request to the City Council
for its review and consent prior to its acceptance of the proposed
contribution. The value of contributions or improvements shall be
credited only toward facilities of like kind and may not be credited
to other categories of impact fee assessment. The applicant shall
pay all costs incurred by the City for the review of such proposal,
including consultant and counsel fees.
(4)
The Planning Board shall waive all of an impact fee assessment
for properties located in the Downtown Commercial District, with the
district boundaries defined as the boundaries that exist at the time
of the approval of this amendment.
[Amended 1-7-2020]
(5)
The impact fee assessment for accessory dwelling units shall be waived
with the stipulation that this waiver is reviewed every two years.
[Added 1-7-2020]
For lots split by municipal boundaries the provisions of RSA
674:53 shall apply. In applying dimensional controls to that portion
of the lot within Rochester, the dimensions of the entire lot shall
be considered without reference to the City line.
(Note that listed rivers are subject to change.)
A.
Shoreland protection. Provisions of the New Hampshire Comprehensive
Shoreland Protection Act, RSA 483-B, apply to bodies of water included
under that Act.
B.
Rivers management. The Isinglass River and the Cocheco River are
protected under the New Hampshire Rivers Management and Protection
Program, RSA 483.
Where the boundary line of a zoning district divides a lot in
single or joint ownership at the time of passage of the ordinance
establishing the boundary line, the following provisions shall apply:
A.
The uses and other standards for either district may, at the option
of the owner, extend beyond the zoning boundary line up to a maximum
distance of 100 feet from that zoning boundary line. For any area
in which this allowance is used, for any period of time in which this
allowance is used, that area shall be treated as if its zoning designation
were the zone that is being extended.
B.
The provisions of Subsection A of this section shall not apply to a lot divided by the Recycling Industrial Zoning District boundary line. In the case of a lot divided by the Recycling Industrial Zoning District boundary line, the uses and regulations permitted and/or applicable to the Recycling Industrial Zoning District shall not be extended into the adjoining zoning district.
C.
Overlay districts. The provisions of this section shall not apply
to overlay districts.
The Director of Building, Zoning, and Licensing Services is
authorized to approve a temporary permit/approval for a noncomplying
structure or a noncomplying use incidental to a development where
it is reasonably required for that development on a temporary basis.
The permit/approval may be issued where the Director of Building,
Zoning, and Licensing Services reasonably determines that:
A.
The temporary structure or use will not be counter to the public
interest.
B.
The temporary structure or use will not harm any abutter.
C.
The temporary structure or use will not be counter to the spirit
of this chapter.
D.
Proper safeguards are taken.
E.
A reasonable time frame has been established.
F.
No reasonable alternative is available.
G.
Appropriate surety has been provided to ensure compliance with the
conditions above.
Four planned unit developments (PUDs) were approved by the City
of Rochester under a City ordinance which is no longer in effect,
Section 42.32, Planned Unit Developments, adopted December 5, 2001,
and amended December 7, 2004. The creation of new planned unit developments
is not permitted under this chapter. The four approved PUDs, including
Secretariat Estates, Highfield Commons, the Homemakers, and the Villages
at Clark Brook (the original names), may be built in accordance with
the provisions of Section 42.32 of the former Zoning Ordinance and
the approved master plans for each of those PUDs.
[Added 3-2-2021]
A.
Purpose:
The City of Rochester understands the importance of adopting regulations
for murals on private property and public property. The regulations
for murals were formulated as a means to continue visual aesthetic
while allowing for creative expression in appropriate locations and
with sensitivity to the Historic Downtown nature of permitted areas.
The established review criteria provide guidance concerning the compatibility
and appropriateness of theme, location, design, placement, massing,
scale, and materials of mural art with no intrusion into the artistic
expression or the content of work.
B.
HISTORIC WALL GRAPHICS
MURAL
SIGN
VANDALISM
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Includes any graphic shown to be at least 60 years old that
is recognized as distinctly important in the social science of history
that records, studies, and explains the character and significance
of past human activities in Rochester.
Any permitted art painted or applied directly on a building,
structure, fence, or object within the public view that is located
on public or private property.
For definitions of numerous sign types see Article 29, Signage.
Any unpermitted writings, drawings, or other material posted
on a public or private property. Typically this is unlawfully placed
on property not owned by the person posting the material.
C.
Zones
where murals are permitted:
(1)
Murals are permitted by conditional use permit in the following districts:
Neighborhood Mixed Use, Downtown Commercial District, Office Commercial,
Highway Commercial, and Granite Ridge Development District.
D.
Approval
for murals:
(1)
General requirements.
(a)
The City of Rochester exempts public art, including murals, that are located outside the Historic Overlay District from Article 29, Signage. However, murals must be permitted and approved, per the process below.
(b)
Murals that include trademarks, service marks, or other markings,
colors, or patterns identifying or associated with business, profession,
trade, occupation, may be permitted if it is shown that they are historic
wall graphics on private property. Otherwise, such will be considered
commercial applications and shall be considered signs.
(c)
All applications shall include the property owner's signature indicating
their approval of the submission of the application and of the mural.
(d)
All applications shall include a description of the artist's qualifications.
(e)
All applications shall include a long-term maintenance plan.
(f)
Any mural without approval may be considered vandalism or a sign
and enforced accordingly.
(g)
Rotating murals in which an applicant plans to apply more than one
mural to the same wall within a year period require approval for each
submission.
(2)
Murals on public property.
(a)
Applicants shall submit a public art install application for review
and approval by the City Council.
(3)
Murals on private property that is visible from the public right-of-way.
(a)
Applicants shall submit a public art install application for review
and approval by Arts and Culture Commission.
(b)
Once the Arts and Culture Commission has approved the install, the
applicant must check if they are in the Historic Overlay District.
Any mural located within the Historic Overlay District that is visible
from the public right-of-way shall be reviewed by the Historic District
Commission and must comply with the Department of Secretary Interiors
Standards for treatment for historic masonry buildings.
(c)
Once HDC approval is obtained, the applicant shall apply for a permit
from the Planning Board.
E.
Review
criteria:
(1)
Location.
(a)
The mural complements and enhances the building.
(b)
The mural does not cover or detract from significant or character
defining architectural features.
(c)
The mural enhances and complements the surround neighborhood.
(d)
The treatment and application of murals located on properties within
the Historic District Overlay follows the National Parks Services
Department of Secretary Interiors Standards for Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring
and Reconstructing Historic Buildings Technical Preservation Services.
The mural enhances the building or wall and is incorporated architecturally
into the character of the Historic District.
(e)
Murals that are mounted onto buildings are done so in a way that
prevents damage from moisture and condensation behind the attached
panel. The hanging or anchoring of murals should be reversible.
(f)
The mural does not cover over the exterior surfaces of any building
opening such as windows, doors and vents. This excludes any City-sanctioned
event that may involve temporary window paintings.
(2)
Design.
(a)
Preparation to substrate must be identified and condition must also
be addressed including surface conditions, fragility, permeability,
and porosity.
(b)
The scale of the mural is appropriate for the building. Murals located
on the primary street facade shall not exceed more than 25% of the
area of facade of which the mural is located.
(c)
The mural enhances the surrounding neighborhood.
(d)
The mural is an original design.
(e)
The name, logo, or other indicator of the sponsor of the mural or
the mural artist shall be discreetly displayed and shall not exceed
5% of the overall design.
(f)
Materials are of superior quality and intended for exterior use.
(g)
Use of reflective, neon, or fluorescent paints is limited.
(h)
Permanent installations have a weatherproof and vandalism-resistant
coating.
(i)
The mural contains no defamation, incitement, obscenity, illegal
content, or images of child pornography. Obscene matter is that which
the average resident of the City, applying community standards, would
find, taken as a whole, appeals to a prurient interest and lacks serious
literary, artistic, political, or scientific value.
F.
Maintenance:
(1)
The maintenance of the mural is the responsibility of the property
owner. In the case of murals on public property, maintenance shall
be the responsibility of the organization that commissioned the mural.
(2)
The long-term maintenance plan must be prepared and include a plan
for periodic touch up or repainting condition of the surface must
be inspected.
(3)
The mural must be properly maintained to ensure that material failure,
such as peeling paint, is corrected and vandalism is removed promptly
in accordance with the Property Maintenance Code.
(4)
A long-term maintenance plan for periodic touch up or repainting
is required with submission.
(5)
Rotating murals (in which an applicant plans to apply more than one
mural to the same wall within a year period) requires approval for
each submission.
