[HISTORY: Adopted by the Town of Conway as last amended 4-9-2013. Subsequent
amendments noted where applicable.[1]]
GENERAL REFERENCES
Drainage systems — See Ch. 41.
Excavations — See Ch. 47.
Hazardous wastes — See Ch. 67.
Sewers — See Ch. 105.
Site plan review — See Ch. 110.
Special events — See Ch. 120.
Streets and sidewalks — See Ch. 125.
Subdivision of land — See Ch. 130.
Wind energy systems — See Ch. 179.
[1]
Editor's Note: The Town took action 4-11-2017 ATM by Art.
2 to accept the renumbering of and revisions to this chapter.
This chapter shall be known and may be cited as the "Zoning
Ordinance of the Town of Conway, New Hampshire."
This chapter is enacted by the Town of Conway pursuant to the
authority granted by the New Hampshire Legislature as stipulated in
RSA 674:16, as amended.
The purpose of this chapter is:
A.
To lessen congestion in the streets;
B.
To secure safety from fires, panic and other dangers;
C.
To promote health and the general welfare;
D.
To provide adequate light and air;
E.
To prevent the overcrowding of land;
F.
To avoid undue concentration of population;
G.
To facilitate the adequate provision of transportation, solid waste
facilities, water, sewerage, schools, parks, child day care;
H.
To assure proper use of natural resources and other public requirements;
I.
To encourage the preservation of agricultural lands and buildings;
and
J.
To encourage the installation and use of solar, wind, or other renewable
energy systems and protect access to energy sources by the regulation
of orientation of streets, lots, and buildings; establishment of maximum
building height, minimum setback requirements, and limitations on
type, height, and placement of vegetation; and encouragement of the
use of solar skyspace easements under RSA Ch. 477.
This chapter shall apply to:
A.
All buildings or structures erected, reconstructed, altered, enlarged,
or relocated after the effective date of this chapter or applicable
amendment;
B.
The use of any building, structure, or land which is different from
its use prior to the effective date of this chapter or applicable
amendment; and
C.
Any land which has been subdivided after the effective date of this
chapter or applicable amendment.
In interpreting any provision of this chapter, it shall be held
as the minimum requirement adopted for the promotion of the public
health, safety, and general welfare of the Town. Whenever any provision
of this chapter is at variance with any other provision of this chapter,
or with the requirements of any other lawfully adopted rule or regulation,
the most restrictive, or that imposing the highest standard, shall
govern. [RSA 676:14] This chapter is constructed as a permissive zoning
ordinance; if a use is not identified as a permitted use or a use
permitted by special exception in a zoning district, then the use
is not permitted in that zoning district.
B.
Violations and penalties.
(1)
Pursuant to RSA 676:17, any person who violates any of the provisions
of RSA Title LXIV, Planning and Zoning, or any Town of Conway ordinance,
code or regulation adopted under said title, or any provision or specification
of any application, plat, or plan approved by or any requirement or
condition of a permit or decision issued by any authorized local official
or land use board:
(a)
Shall be guilty of a misdemeanor if a natural person or guilty
of a felony if any other person.
(b)
Shall be subject to a civil penalty not to exceed the maximum
allowable under RSA 676:17 for each day such violation is found to
continue after the conviction date or after the date on which the
violator receives written notice of the violation from the Town, whichever
is earlier.
(c)
The Town may also recover its costs and reasonable attorney's
fees actually expended in pursuing the legal action, as well as seek
reimbursement for the expenditure of public funds, if it is found
to be a prevailing party in the action, pursuant to RSA 676:17, II
and III.
(2)
Pursuant to RSA 676:17-a, Cease and Desist Orders, the Building Inspector, Code Enforcement Officer, or other designated officer of the Board of Selectmen may issue a cease-and-desist order against any violation set forth in Subsection B(1)(a) above.
(3)
Pursuant to RSA 676:17-b, Land Use Citations, the Building Inspector,
Code Enforcement Officer, or other designated officer of the Board
of Selectmen may choose to charge the offense as a violation and issue
a local land use citation and seek a civil penalty as set forth in
RSA 676:17. The prosecuting official may also serve additional local
land use citations, without giving additional written notice or appeal
opportunity, if the facts or circumstances constituting the violation
continue beyond the date or dates of any prior citation, pursuant
to RSA 676:17-b, VII.
[Amended 4-11-2017 ATM by Art. 2]
(4)
For trees removed in violation of this chapter, the violation and
fine shall continue daily, with each day a separate violation until
trees are replaced with equivalent trees.
[Amended 4-11-2017 ATM by Art. 2]
There shall be a five-person Zoning Board of Adjustment and
up to five alternates appointed by the Selectmen, as provided by state
statute, who may, upon application, review and decide on alleged errors
in an administrative finding or grant of a variance to provide relief
from hardship, provided that the proposed land use is in conformance
and does not constitute a nuisance or hazard to the neighborhood.
All buildings and all land shall hereafter be used, laid out,
constructed or altered only in conformity with the permitted uses
and density requirements for the districts in which they are located.
If an existing lot of record falls into more than one zoning
district and if 60% or more of that lot lies within a commercial district
(CCVC, CVC, NCVC, HC), the regulation of that commercial district
may, at the owner's option, apply to the entire lot. This amendment
reaffirms that an existing lot of record is one which existed prior
to the adoption of this chapter.
A.
No helicopter
or other rotary-wing aircraft capable of a vertical take-off and landing
profile may land or take-off in the Town of Conway, except for properly
licensed helicopters providing medical and related evacuation services
and emergency services essential to the public health and safety,
such as search and rescue, firefighting, law enforcement and other
related services. No landing or take-off of commercial scenic helicopter
tours or chartered flights shall be allowed in the Town of Conway.
B.
The following
may be allowed by special exception: The Zoning Board of Adjustment
(ZBA) may approve helicopter operations for construction and survey
work, where no other practical method is available to do the work,
and for special events such as the visit of a dignitary, recreational
events such as ski, tennis, equine or golf events, or some other events
of a short-term nature. No approval for a special exception under
this section shall be granted unless the ZBA makes a finding that
the helicopter use will not constitute a nuisance or hazard to the
Town residents and their property.
All utility systems shall be placed underground in conformity
with the terms and specifications of the utility company involved.
The RA District is primarily designed to accommodate a compatible mixture of residential and agricultural uses at lower densities of approximately one unit or less per acre. These areas are generally without municipal sewer service and are not yet appropriate for development at higher densities. Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries and map.
(1)
Boundaries:
all areas not designated otherwise herein as: the Center Conway Village
Residential District, the Conway Village Residential District, the
North Conway Village Residential District, the Center Conway Village
Commercial District, the Conway Village Commercial District, the North
Conway Village Commercial District, the Highway Commercial District,
the Regional Commercial, the Industrial-1 District, the Industrial-2
District or the Recreational Resort District.
[Amended 4-11-2017 ATM by Art. 2]
(2)
Map. The RA District Map is included as an attachment to this chapter.
B.
Lot size and density.
(1)
Lots serviced by a municipal water system and municipal sewerage
system shall have at least 1/2 acre for the first unit that may be
located thereon and at least 10,000 square feet for each additional
unit on the same lot.
(2)
Lots serviced by a municipal water system shall have at least 1/2
acre for each unit that may be located thereon.
(3)
All other lots shall have at least one acre for each unit that may
be located thereon.
(4)
Special exceptions.
(a)
In order to preserve and safeguard Conway's older homes, but
also allow for their conversion to multifamily dwellings, the Zoning
Board of Adjustment may grant special exceptions for residential structures
and accessory structures on the same lot, provided that:
[Amended 4-10-2018 ATM by Art. 2; 4-13-2021 ATM by Art. 4]
[1]
Substantially all of the structure was constructed prior to
1930.
[2]
The total number of dwelling units on the site does not exceed
four.
[3]
No less than 5,000 square feet of land area must be provided on the
parcel for each unit that exists or is to be constructed thereon.
[4]
No significant changes to the exterior lines or architectural
detail are made which would diminish the historical or architectural
heritage of the structure.
[5]
Adequate area is available for parking outside the setback and
buffer areas.
[6]
Accessory structures must have at least 300 square feet of occupiable
space per unit suitable for conversion to a dwelling unit.
[7]
All of the dwelling units shall be used for long-term residency;
short-term transient occupancies of less than 30 consecutive days
of any dwelling unit is prohibited.
[8]
Scaled floor plans and a scaled site drawing must be submitted to
the Zoning Board at time of application to ensure compliance with
the requirements for this special exception.
(b)
In order to help provide year-round rental housing, the Zoning
Board of Adjustment may grant a special exception for one accessory
dwelling unit as an accessory use to a single-family dwelling on any
size lot, subject to the following conditions:
[Amended 4-9-2019 ATM
by Art. 2]
[1]
The accessory dwelling unit is designed to ensure architectural
compatibility with the neighborhood.
[2]
Sufficient parking is located on site.
[4]
Both the primary single-family dwelling and the accessory dwelling
unit shall be used for long-term residency, and short-term transient
occupancy of either dwelling unit is prohibited.
C.
Frontage. All lots must front on a state or Town highway with a Class
I, II, III, IV or V classification, a private road constructed to
Town standards as required by the Planning Board or a Class VI road
proposed to be improved as stipulated by the Planning Board. To qualify
as frontage, the lot must have access rights to the subject highway
or road. The minimum distance for frontage on a road shall be:
D.
Setbacks. The minimum front setback shall be 25 feet from a platted
right-of-way or 100 feet from the platted right-of-way of North-South
Road between the extension of the center line of Barnes Road and the
center line of Depot Road, and the minimum side or back setback shall
be 15 feet.
E.
Structure and building height. Structure height is restricted to
achieve several purposes. The Town is economically dependent upon
tourism and attracts visitors with its rural character and mountainous
setting. Maintaining the traditional scale and style of structures
aids in preserving the character of the Town. Peaked roofs are encouraged
because it is the traditional roof style in the Town. (Care has been
taken to prepare language which does not unduly encourage the use
of flat-roof buildings.) The height restriction keeps structures and
buildings below treetop level, which is typically from 60 feet to
100 feet for mature maple, beech, birch and pine trees. Structure
height below treetop level helps maintain the rural atmosphere and
preserve the viewsheds throughout the Town. In addition, the height
limit minimizes difficulty in providing fire protection. The following
shall apply throughout the Town:
(1)
Structure height shall not exceed 55 feet for any structure.
(2)
Building height shall not exceed 45 feet.
(3)
Wireless communication facilities may be allowed to exceed 55 feet
in height by special exception on application to the Zoning Board
of Adjustment as approved after a hearing with appropriate conditions
imposed thereon, provided that the height is necessary to fulfill
its function.
(4)
Church steeples may be allowed to exceed 55 feet in height by special
exception on application to the Zoning Board of Adjustment as approved
after a hearing with appropriate conditions imposed thereon, provided
that:
F.
Signs.
[Amended 4-14-2015 ATM
by Arts. 2, 3 and 4; 4-12-2016 ATM by Arts. 2 and 4; 4-11-2017 ATM by Art. 2; 4-10-2018 ATM
by Art. 3]
(1)
Sign setbacks. Signs shall be set back a minimum of five feet from
a platted right-of-way, and signs shall be set back a minimum of 15
feet from all other property boundaries.
(2)
Each lot in the district shall be entitled to 12 square feet of commercial
or nonresidential sign message area.
(3)
Maximum sign height shall be eight feet.
(4)
In addition to the above signage provisions, every lot shall be entitled
to one sign not exceeding one square foot in surface area placed in
any of the following locations:
(5)
Sign content. The Town has no intention of restricting individual
free speech, but the Town does recognize its right to place reasonable
restrictions upon commercial speech. Further, the Town wishes to prevent
excessive or unnecessary signage along road corridors. In keeping
with this reasoning, off-site commercial signs shall be prohibited.
(6)
Signs in platted ROW. Except as otherwise permitted below, no signs
shall be permitted within any platted right-of-way:
(7)
Temporary event signage. In addition to signage otherwise permitted
herein, temporary events may display up to 20 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(8)
Special event signage. In addition to signage otherwise permitted
herein, special events may display up to 40 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(9)
Permit required for all nonresidential signs exceeding six square
feet in message area.
(a)
Sign application process. Any action requiring a sign permit
shall be permitted only upon the application to, and approval of,
the Zoning Officer. Applications shall use the following process:
[1]
An application form for each sign shall be completed and signed
by the owner of the property.
[2]
A complete application shall also include the following:
[a]
Fee as set from time to time by the Board of Selectmen;
[b]
Written description of the proposed type, size,
height, setback, sign and supporting structure materials, and illumination
of the sign;
[c]
Statement specifically addressing compliance with
off-site commercial sign restrictions; and
[d]
Analysis regarding impact of safety, specifically
addressing lighting/glare and line-of-sight blockage for vehicles
and pedestrians.
[3]
Upon receipt of a complete application, the Zoning Officer shall
have up to 14 days to either approve or deny the application.
[4]
If the application is denied, the Zoning Officer shall issue
a written decision stating the reason(s) for denial.
[5]
If the application is approved, the Zoning Officer shall issue
an approval for the erection of a sign. The sign permit is valid for
one year from date of approval. If the sign is not erected within
one year, the permit shall expire.
(10)
Design standards. The following design standards shall be required
to ensure compliance with the intent of these regulations:
(a)
Illumination. Signs shall not be illuminated from within; signs
may be illuminated only by external light. Lighting shall be affixed
to and, for dimensional purposes, considered part of the sign structure.
Lighting shall be located, directed and/or shielded such that it only
sheds light downward and is limited to the message display area. The
lighting sources shall be of white light and be energy-efficient fixtures
when possible. Fixtures shall be located, directed and/or shielded
such that no direct light emissions are visible at any point along
the property boundary, nor shall they be distracting to vehicular
traffic.
(b)
Neon. Neon lighting shall be prohibited.
(c)
Motion. Moving signs, or signs which give the appearance of
motion, shall be prohibited.
(d)
Flashing/blinking. Flashing, blinking, alternating-type or digital-type
lighting, such as a digital message board, shall be prohibited.
(e)
Structural supports and base. The support and base structure
of a sign shall not exceed 50% of the maximum permitted message area
of the sign. Such supports and base shall be measured on the single
side or face having the greatest surface area. If the sign structural
supports and base are made of wood, brick and/or stone, with only
incidental use of other materials, the structure/base size limit shall
be increased to 100% of the maximum permitted message area of the
sign. The top of the supporting structure of a freestanding sign shall
extend no farther above the top of the message area than 1/3 of the
maximum permitted height of the message area.
(f)
No sign shall project over a street or sidewalk, except for
projecting signs as permitted herein.
(g)
No sign shall be placed in such a position as to endanger vehicular
or pedestrian traffic by obstructing a clear view, by causing confusion
with government signs and signals, or by any other means.
(11)
Movable signs. Movable signs shall be prohibited. No vehicle,
including parts thereof, trailers, and other accessories shall be
used as a means of circumventing the purpose and intent of this chapter.
A vehicle displaying a commercial message which is licensed, registered
and inspected shall be exempt from these sign regulations if it is
regularly and customarily used to transport persons or property for
the business.
(12)
Flags, banners, pennants, etc.
(a)
In addition to the signs otherwise permitted by this chapter,
there may be displayed, on any lot, up to three flags displaying any
otherwise legal symbol, message or information, commercial or noncommercial;
except that off-site commercial flags shall be restricted as set forth
in this chapter. No such flag shall exceed 24 square feet measured
by one face of the flag only. Any such flag shall be mounted directly
to one flagpole. A "flagpole" is a pole intended and placed solely
for the support and display of a flag or flags, and does not include
utility poles, light poles, trees or other sign structures. All flagpoles
shall be erected vertically or within 45° of the vertical. No
portion of any flagpole shall be sited within 10 feet of a property
line. No flagpole shall extend more than 35 feet in height above grade
or, if mounted on a building, 55 feet above the average finished grade
of the building.
(b)
Banners, feather flags, pennants, searchlights, twirling signs,
balloons or other gas-filled figures, and other such materials shall
be prohibited, except as specified herein.
(c)
This subsection shall not be construed to prevent any sign otherwise
permitted by this chapter, and which conforms to all sign requirements
of this chapter, from taking the form of a flag or other fabric. Banners
may be used to cover part or all of an existing freestanding, projecting
or wall sign to advertise temporary events. The net effect of this
activity shall not increase the message area of any permitted sign
or signs.
(13)
Maintenance. All surfaces and supporting structures of signs,
whether erected prior to the effective date of this chapter or not,
shall be maintained in a safe and sightly condition to the satisfaction
of the Board of Selectmen or its authorized agent. A permit is required
for any maintenance except the following: repainting; other surface
renewal; or change of message on the same surface.
G.
Restrictions regarding home occupations. A home occupation is considered
accessory to a residential use and shall not occupy an area greater
than 50% of the total floor area of the residential unit or 1,500
square feet, whichever is less. Home occupations are subject to the
following provisions and restrictions:
(1)
The home occupation shall be carried on by persons who live in the
principal residential unit full time. Two employees living off-premises
are permitted.
(2)
The home occupation shall be carried on within the principal residential
unit or an approved accessory structure.
(3)
Exterior storage of commercial vehicles, equipment or materials or
variation from the residential character of the principal residential
unit shall not be permitted.
(4)
The home occupation shall create no unreasonable noise, vibration,
smoke, dust, electrical disturbance, odors, heat, glare or other nuisance
or threat to the health of the abutters.
(5)
Adequate off-street parking shall be provided.
(6)
A home occupation shall not generate excessive traffic or traffic
in greater volumes than would normally be expected in a residential
neighborhood.
(7)
A change-of-use permit to operate a home occupation is required before
startup of operation.
(8)
Retail or wholesale sales are only permitted for those items raised
or made on the premises.
(9)
A home occupation shall not be offensive to the character of the
neighborhood or decrease abutting property values.
H.
Farm and nursery stands. Farm and nursery stands for selling indigenous
produce or plants are considered temporary structures and are permitted,
provided that:
(2)
Three off-street parking spaces shall be required to be provided
for structures up to 100 square feet in size. Additional parking shall
be required at the rate of one space per 200 square feet over 100
square feet.
(3)
Wall signs shall not exceed 10 square feet in size. One portable
A-frame sign per lot, not to exceed six square feet, shall be allowed
to be displayed during business hours only.
(4)
All structures, parking areas and signs shall meet the setback requirements
established herein.
I.
Yard sales. Yard sales shall be permitted, provided that no one household
holds sales on more than six days per calendar year.
[Amended 4-11-2017 ATM by Art. 2]
J.
Mobile homes, travel trailers and recreational vehicles.
(1)
One mobile home used as a residential unit is permitted on a lot
in the Residential/Agricultural District.
(2)
A mobile home, travel trailer or recreational vehicle may be permitted
on the site of a construction project for one year, provided that
it is a necessary convenience for the construction project and that
no public safety or health hazards shall be created.
(3)
One travel trailer or recreational vehicle may be stored on a lot,
provided that it is accessory to a permitted residential use on the
subject property and not utilized for dwelling purposes. Travel trailers
and recreational vehicles shall not be stored on vacant lots.
[Amended 4-12-2016 ATM by Art. 3]
(4)
All mobile homes permitted under this subsection must be connected
to a sewerage system and water source, both meeting minimum local
and State of New Hampshire standards, as applicable and then promulgated;
such systems shall be approved by the Selectmen or their designated
agent and be maintained so as not to cause a health or sanitation
hazard.
K.
Special exceptions. The following land uses shall be allowed if granted
a special exception by the Zoning Board of Adjustment:
(1)
Nursing homes. In order to protect existing property owners in the
Residential/Agricultural District against a new use nearby which may
be incompatible or undesirable but also allow for nursing homes with
acceptable accessory commercial uses such as gift shops, flower shops
and candy shops, which are restricted to on-premises facilities, the
Zoning Board of Adjustment may grant a special exception for nursing
homes in the Residential/Agricultural District, provided that:
[Amended 4-11-2017 ATM by Art. 2]
(a)
The nursing home development is architecturally compatible with
the surrounding neighborhood;
(b)
Traffic access to and from the development will not alter the
character of the neighborhood;
(c)
Lighting will be of such design as not to disturb the tranquility
of the neighborhood;
(d)
Outpatient and day-care facilities operate during reasonable
hours;
(e)
The facility will not operate as a crisis center for drug addiction,
alcoholism or the mentally disturbed;
(f)
Accessory commercial space on premises for the sole purpose
of the nursing home occupants and employees will be operated and managed
by the nursing home owners, and the same space will not be leased
to outside businesses;
(g)
The nursing home structure shall not exceed two stories in height
above grade;
(h)
The maximum density allowed is 16 beds per acre; and
(i)
The land to be developed for such use contains no less than
five acres.
(2)
Charitable fund-raising events. A special exception may be granted
for charitable fund-raising events operated by or on behalf of nonprofit
organizations having a federal tax exemption, provided that:
(3)
Private educational facilities. A special exception may be granted
to permit private educational facilities, with or without accessory
uses, provided that:
(a)
Traffic access to and from the facility will not alter the character
of the abutting residential neighborhood;
(b)
The development is architecturally compatible with the height,
scale, color and detail of the surrounding residential neighborhood;
and
(c)
The proposed facility will not adversely affect abutting properties
by reason of undue light, noise, density of use, or other nuisance.
(4)
Day-care centers. A special exception may be granted to home-based
day-care centers serving seven people to 15 people and other non-home-based
centers, regardless of the number of people served, provided that:
(a)
Traffic access to and from the development will not alter the
character of the abutting residential neighborhood;
(b)
The development is architecturally compatible with the height,
scale, color and detail of the surrounding residential neighborhood;
(c)
Site plan approval or a site plan exemption is granted by the
Planning Board; and
(d)
The size of the lot is appropriate to provide green space and
play areas.
(5)
Commercial golf facilities. A special exception may be granted for
traditionally full-sized golf courses and those accessory uses traditionally
associated with this primary use, such as a clubhouse with a lounge
and restaurant facility, professional shop, golf practice range, tennis
courts and swimming pools, but not to include miniature golf, provided
that the specific site is an appropriate location for such use, not
only in context with the land to be dedicated to such use but in context
with the surrounding land uses as well. The applicant shall dedicate
a specific parcel(s) to the proposed facility, which shall not be
used for residential density. In order to determine this, the following
criteria shall be evaluated:
(a)
Property values. The applicant shall present information by
a certified appraiser indicating that there will be no negative impact
on abutting properties as a result of the proposed special exception;
(b)
Traffic. No traffic hazard will be created and traffic access
will not alter the character of the neighborhood. The main access
point shall be from an arterial road or collector road and not from
neighborhood streets. The Zoning Board of Adjustment may consider
the comments of the Town Planning Director in evaluating the traffic
study. A traffic study shall be completed that shows the impact of
the proposed development in its entirety on the nearest signalized
intersection(s). For intersections that are of an overall level of
service (herein "LOS") C or better, the LOS at the nearest signalized
intersection(s) shall not fall below LOS C during the a.m. and p.m.
peak hours as a result of the development. If LOS C cannot be maintained,
the applicant shall make such changes as are necessary to bring the
intersection to LOS C, provided that such improvements are acceptable
to the Zoning Board of Adjustment. The applicant may choose to reduce
the development so as to produce an acceptable LOS. If the LOS is
already below C (D, E or F), the project shall only be approved if
the LOS is brought up to D. The applicant may choose to reduce the
development so as to produce an acceptable LOS;
[Amended 4-11-2017 ATM by Art. 2]
(c)
Nuisance/Hazards. The Zoning Board of Adjustment shall review
the operation of the development, including noise, odors and any hazards
associated with the use and location. If the Zoning Board of Adjustment
determines that any hazards or nuisances cannot be overcome and are
not customarily found in a residential neighborhood, the proposed
use shall be denied;
(d)
Adequacy of private/municipal facilities. The Zoning Board of
Adjustment shall review the proposed facilities, including drainage,
sewer/septic, water, electric and other utilities, to ensure adequate
provisions to meet the needs of the proposed development. It may consider
the opinion of the Town Engineer in making this determination;
(e)
Design and architecture. The design and architecture of the
proposed structure shall be reviewed by the Zoning Board of Adjustment
to determine its compatibility with abutting residential structures.
The scale, height, color and detail shall be similar to and/or aesthetically
compatible with residential structures;
(f)
Lighting. The lighting plan shall be submitted to the Zoning
Board of Adjustment for approval. No direct glare shall be permitted.
Parking areas and walkways may be illuminated by luminaires so hooded
or shielded as to not extend significantly beyond the parking and
walkway areas;
(g)
Hours of operation. Hours of operation will be appropriate so
as to not interfere with the abutting residential neighborhood by
means of excess traffic in off-peak hours, unscreened lighting that
disturbs residential uses and other factors that make the facility
different from a residential neighborhood; and
(h)
Buffer. A perimeter buffer area adjacent to all abutting properties
shall be left undisturbed if wooded and, if open, shall be planted
with dense evergreen plantings. It shall be 100 feet in depth at a
minimum unless a greater buffer is required by the Zoning Board of
Adjustment due to the intensity of the use and interference with adjacent
properties.
[Amended 4-11-2017 ATM by Art. 2]
(6)
Resort hotel. A special exception may be granted for a resort hotel
and those uses traditionally associated with this use, provided that:
(a)
The resort hotel is constructed on and in conjunction with a
commercial golf facility or with another recreational/resort use on
the supporting acreage;
(b)
The minimum lot size for the lot supporting the combined commercial
golf course and resort hotel shall be 200 acres, exclusive of that
acreage that falls within the Wetlands Conservation District;
(c)
To the extent not previously satisfied in an approval for a
commercial golf facility, the resort hotel and its site will comply
with all of the conditions required for a commercial golf facility;
(d)
In addition to the buffer area required for commercial golf
courses, the resort hotel building(s) shall be set back no closer
than 1,000 feet to the boundary line of any other unaffiliated lot
or roadway (An "unaffiliated lot or roadway" is a lot or roadway not
owned or controlled by the applicant or its principals.); and
(e)
The number of guest rooms in the resort hotel will be dependent
upon the acreage allocated to the combined facility/resort hotel lot,
at a ratio of two acres per guest room.
(7)
Post offices. A special exception may be granted to permit a publicly
or privately owned post office, provided that:
(a)
Traffic access to and from the site will not alter the character
of the abutting residential neighborhood;
(b)
The post office is architecturally compatible with the surrounding
residential district;
(c)
The proposed facility will not adversely affect abutting properties
by reason of undue light, noise, density of use or decreased property
values;
(d)
No portion of the building may be used for any purpose other
than a post office;
(e)
At such time as the facility ceases to be used as a post office,
the building and improvements shall either be razed or converted to
a use allowed in the district; and
(f)
The minimum dimensional lot requirements (lot size, setbacks,
frontage, etc.) may be increased by either the Zoning Board of Adjustment
or the Planning Board if it is found that the aforementioned criteria
cannot be met using minimum dimensional requirements.
(8)
Heliports. A special exception may be granted to permit private/noncommercial
heliports as an accessory to any approved use. The requirement for
a special exception to be granted under this subsection shall not
be applied to the use of helicopters, or any other type of aircraft,
being used on a temporary basis for such purposes as emergency response,
medical necessity, ongoing construction projects that have been permitted
by the Town of Conway, or temporary (fewer than seven days) news media
coverage. Before a special exception for a heliport can be granted
by the Zoning Board of Adjustment, the following conditions must be
met:
(a)
The use of the site for a heliport shall not be offensive to
the character of the neighborhood;
(b)
The use of the site for a heliport shall not decrease abutting
property values. Evidence supporting property values must be submitted
by any party with an interest in the granting of the special exception
from a creditable source that is knowledgeable of land evaluation
and property values;
(c)
Any site being considered to contain a heliport must be, at
a minimum, five acres in size;
(d)
Other site dimensions, above and beyond the overall acreage
requirement listed above, shall be sufficient to provide safety areas
suitable to meet all FAA-suggested dimensions and requirements;
(e)
Before the Zoning Board of Adjustment considers any application
for a special exception for this land use, all federal and state approvals
which are required must be obtained by the applicant, with copies
of these approvals submitted as part of the request for special exception;
and
(f)
A major site plan approval shall be required of the applicant
from the Planning Board for the heliport, which is accessory to an
approved business. As a condition for the granting of the special
exception, no use of the heliport may be engaged by the applicant
until all conditions of the special exception, including a major site
plan approval, have been satisfied by the applicant.[5]
(9)
A special exception may be granted for helicopter operations for
construction and survey work, where no other practical method is available
to do the work, and for special events such as the visit of a dignitary,
recreational events such as ski, tennis, equine or golf events, or
some other events of a short-term nature. No approval for a special
exception shall be granted unless the ZBA makes a finding that the
helicopter use will not constitute a nuisance or hazard to Town residents
and their property.
(10)
Business development parks. A special exception may be granted
for a business development park that provides educational and technical
assistance as well as incubation space and infrastructure for new
and existing business development, including roads, buildings, and
other necessary infrastructure within the Residential/Agricultural
District, provided the following conditions are satisfied:
(a)
The subject property must have some of its boundary within or
contiguous with the boundary of a Highway or Village Commercial District.
[Amended 4-11-2017 ATM by Art. 2]
(b)
Arterial road. The business development park must front on and
access an existing arterial road.
(c)
Setbacks. The minimum front, side and rear setbacks from all
adjacent properties and roads shall be 100 feet.
(d)
Parking lots. Parking lots shall not exceed 20,000 square feet
in gross area.
(e)
Nuisances; hazards. The applicant must demonstrate that the
operations of the business development park, including noise, odors
and any other expected hazards associated with the development, are
consistent with that of a residential neighborhood.
(f)
Property values. The applicant shall provide a comprehensive
report, by an appraiser licensed by the State of New Hampshire, which
demonstrates that there will be no negative impact on abutting properties.
This report shall be reviewed and comments will be provided by the
Town Assessor.
(g)
Traffic study. The applicant must provide a traffic study, certified
by a qualified engineer licensed by the State of New Hampshire, which
clearly indicates the traffic impacts that would result from the project
and improvements to the existing transportation infrastructure that
would be necessary to ensure appropriate access and level of service.
This report shall be reviewed and comments will be provided by the
Town Engineer.
(h)
Buffer. A perimeter buffer area adjacent to all abutting properties
and streets shall be left in its undisturbed natural state or, if
disturbed, shall be replanted with indigenous species. The minimum
buffer depth shall be 100 feet.
(i)
Recreation use. The business development park will construct
a passive and active recreation trail system within the project for
use by tenants of the business development park and the public. The
trail system shall provide links to other existing or future publicly
accessible trails adjacent to the property. The rate of trail system
construction shall be, at least, consistent with the rate of development
of the business development park. The recreation trails may cross
the buffer only to connect with existing or future publicly accessible
trails on adjacent properties and if they do not impair the effectiveness
of the buffer.
(j)
Green space. Green space shall comprise not less than 35% of
the total lot area, exclusive of wetlands, water bodies, the one-hundred-year
floodplain and slopes over 25%.
(11)
Kennels. A special exception may be granted to permit kennels
for transient (fewer than 30 days) housing of domestic animals or
commercial breeding facilities for domestic animals, provided that:
(a)
The minimum lot size is two acres.
(b)
Animal housing areas, if indoors, shall be set back 40 feet
from side and rear property lines and 60 feet from rights-of-way.
Pastures/Outdoor exercise areas shall be set back 15 feet from any
property line.
(c)
A written plan for the disposal/removal of animal waste must
be submitted along with the application requesting the special exception
from the Zoning Board of Adjustment. This plan must be approved by
the Board as a condition of the special exception approval, if granted.
(d)
All animals shall be kept in an indoor area between the hours
of 6:00 p.m. and 8:00 a.m.
(e)
The values of surrounding properties are not diminished.
[Added 4-11-2023 ATM by Art. 11]
(f)
There will be no nuisance to abutters and/or neighbors preventing
the peaceful enjoyment of their property and home.
[Added 4-11-2023 ATM by Art. 11]
(g)
Additional conditions may be attached to this special exception by
the Board of Adjustment consistent with the intent and purpose of
this chapter to protect the health, safety, and general welfare of
the Town's residents.
[Added 4-11-2023 ATM by Art. 11]
(12)
Wireless communication facilities. Wireless communication facilities
may be allowed by special exception in the Residential/Agricultural
District, on application to the Zoning Board of Adjustment as approved
after a hearing with appropriate conditions imposed thereon, provided
that:
(a)
Since the visual impact of wireless communication facilities
can transcend Town lines, communities that may be visually affected
shall be formally notified of applications for such proposed facilities
as projects having regional impact.
(b)
The applicant must demonstrate that every reasonable effort
has been made to cause the facility to have the least possible visual
impact on the Town at large, including demonstration of realistic
analysis of multiple sites, the need for the proposed height, and
any impact on significant roadside viewpoints.
(c)
Any wireless communication facility shall be designed to accommodate
multiple providers of communication services and will only be approved
under the condition that the primary developer of the facility will
make the facility available upon reasonable terms, by lease or other
legal instruments, to other wireless communication services.
(d)
The Board of Adjustment may request detailed plans from the
applicant and may, at the expense of the applicant, engage the services
of professional consultants to review and comment on the proposal,
and testimony of the applicants or their agents relating thereto.
(13)
Mobile homes. The Zoning Board of Adjustment may grant a special
exception for a mobile home on a lot on which a single-family residential
structure exists if the following conditions are met:
(a)
The mobile home shall be occupied only as the usual residence
of the immediate family, including grandparents, parents and children,
of the owner and/or spouse of the primary single-family residential
structure on the lot, and the lot shall be at least one acre if served
by municipal water and sewerage and at least two acres in all other
cases; or the mobile home shall be occupied as the usual residence
of a full-time agricultural employee and his immediate family, and
the single-family residence shall be part of an owner-operated farm
of 25 acres or more.
(b)
The special exception shall terminate on a change of ownership
or occupancy of either the mobile home or the primary residential
structure.
(c)
A permit shall be obtained from the Selectmen or their agent,
which shall be renewed yearly to ensure compliance with the above
conditions.
(14)
Commercial solar. A special exception may be granted for a commercial
solar or large commercial solar collection system provided the following
conditions are satisfied:
[Added 5-12-2020 ATM
by Art. 3]
(a)
Elevation. In order to protect the Town's viewsheds and scenic
upslopes no commercial solar collection system may be located on land
at or above 600 feet in elevation, referenced to the North American
Vertical Datum of 1929. The applicant shall demonstrate on a plan
certified by a New Hampshire licensed land surveyor that no part of
the solar collection system is on land above the six-hundred-foot
elevation limit.
(b)
Setbacks. The minimum front setback from roads shall be 100
feet; side and rear setbacks from all adjacent properties shall be
50 feet. The applicant shall show the setback lines on a plan certified
by a New Hampshire licensed land surveyor.
(c)
Buffer. A perimeter buffer area adjacent to all abutting properties
and roads shall be left in its undisturbed natural state if it provides
a year-round visual barrier from abutting properties and roads or
it shall be replanted with a mix of indigenous coniferous and deciduous
species to create a year-round visual barrier from abutting properties
and roads. The minimum buffer depth shall be 50 feet. The applicant
shall show the buffer area on a plan certified by a New Hampshire
licensed land surveyor.
(d)
Land clearing. Land clearing shall be limited to what is necessary
for the installation and operation of the system and to insure sufficient
all-season access to the solar resource given the topography of the
land. Following construction, cleared land areas must be restored
with native species that are consistent with the use of the site as
a solar collection system (such as slow growth or low ground cover).
Erosion control measures during construction shall be detailed as
required.
(e)
The applicant shall provide a detailed pre-construction and
post-construction plan identifying existing vegetation and areas to
be cleared with specific identification of locations of buffer areas
adjacent to abutting properties and roads. The post construction plan
must also demonstrate compliance with vegetation restoration requirements.
(f)
The applicant shall provide a statement detailing potential
significant glare onto abutting properties, structures and roadways
estimating the interaction of sun to panel angle, time of year and
visibility locations.
(g)
The applicant shall provide an evaluation of the view impacts
from elevated viewpoints from which the facility is likely to be seen.
This shall include but is not necessarily limited to views from recognized
recreational trails, roadways and scenic vistas.
(h)
The applicant shall provide estimates of any equipment noise
on the site based on equipment specification materials. The applicant
shall also demonstrate that noise levels at the property line shall
not exceed 50 dBA.
(i)
Existing utility infrastructure. The applicant must demonstrate
that the existing utility infrastructure has the capacity to host
the proposed facility and assure the Board that no substantive changes
to the off-site infrastructure (including but not necessarily limited
to increased size or height of poles or towers, increased number of
poles or towers, or new or expanded utility easements) would result
from the proposed solar collection system. This provision shall not
apply to required poles, infrastructure and easements that are exclusively
part of the utility interconnection approval for the system. Additionally,
upgraded infrastructure that is required as part of increasing reliability
and service to abutting properties as part of utility approvals is
exempt provided any additional poles are limited to Class 1-50. Larger
poles and towers shall require ZBA approval.
The CCVR District is primarily designed to accommodate a compatible mixture of residential and agricultural uses at lower densities of approximately one unit or less per acre. These areas are generally without municipal sewer service and are not yet appropriate for development at higher densities. Uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries and map.
(1)
The
CCVR District shall have the following bounds (Map and Parcel numbers
refer to 2003 Town of Conway Tax Maps): commencing at the point where
the southern boundary of the former Maine Central Railroad ROW (Map
219, Parcel 211) intersects Mill Brook (the outlet of Conway Lake);
running southwesterly along the thread of the brook to the center
line of Mill Street; then running northerly along the center line
of Mill Street to the northeast corner of Map 268, Parcel 163;
Then running westerly along the northern boundary of Tax Map
268, Parcel 163 to the boundary of Map 267, Parcel 14; then running
northerly and westerly along the boundary of Map 267, Parcel 14 to
the southwest corner of Map 260, Parcel 34; then running northerly
along the western boundary of Map 260, Parcel 34 to the southeast
corner of Map 260, Parcel 40; then running northerly along the eastern
boundary of Map 260, Parcel 40 to the center line of Route 302;
Then running easterly along the center line of Route 302 to
the southeastern corner of Map 259, Parcel 14; then running northeasterly
along the boundary of Map 259, Parcel 14 to the western boundary of
Map 259, Parcel 19; then running northwesterly along the boundary
of Map 259, Parcel 19 to the southern boundary of the former Maine
Central Railroad ROW (Map 219, Parcel 211); then easterly along the
southern boundary of the ROW (Map 219, Parcel 211) back to the point
of commencement.
(2)
District map. The CCVR District Map is included as an attachment to this chapter.
B.
Lot size and density.
(1)
Lots serviced by a municipal water system and municipal sewerage
system shall have at least 1/2 acre for the first unit that may be
located thereon and at least 10,000 square feet for each additional
unit on the same lot.
(2)
Lots serviced by a municipal water system shall have at least 1/2
acre for each unit that may be located thereon.
(3)
All other lots shall have at least one acre for each unit that may
be located thereon.
(4)
Special exceptions.
(a)
In order to preserve and safeguard Conway's older homes, but
also allow for their conversion to multifamily dwellings, the Zoning
Board of Adjustment may grant special exceptions for residential structures
and accessory structures on the same lot, provided that:
[Amended 4-10-2018 ATM
by Art. 2; 5-12-2020 ATM by Art. 4]
[1]
Substantially all of the structure was constructed prior to
1930.
[2]
The total number of dwelling units on the site does not exceed
four.
[3]
No less than 5,000 square feet of land area must be provided
on the parcel for each unit that exists or is to be constructed thereon.
[4]
No significant changes to the exterior lines or architectural
detail are made which would diminish the historical or architectural
heritage of the structure.
[5]
Adequate area is available for parking outside the setback and
buffer areas.
[6]
Accessory structures must have at least 300 square feet of occupiable
space per unit suitable for conversion to a dwelling unit.
[7]
All of the dwelling units shall be used for long-term residency;
short-term transient occupancies of less than 30 consecutive days
of any dwelling unit is prohibited.
[8]
Scaled floor plans and a scaled site drawing must be submitted
to the Zoning Board of Adjustment at the time of application to ensure
compliance with the requirements for this special exception.
(b)
In order to help provide year-round rental housing, the Zoning
Board of Adjustment may grant a special exception for one accessory
dwelling unit as an accessory use to a single-family dwelling on any
size lot, subject to the following conditions:
[Amended 4-9-2019 ATM
by Art. 2]
[1]
The accessory dwelling unit is designed to ensure architectural
compatibility with the neighborhood.
[2]
Sufficient parking is located on site.
[4]
Both the primary single-family dwelling and the accessory dwelling
unit shall be used for long-term residency, and short-term transient
occupancy of either dwelling unit is prohibited.
C.
Frontage. All lots must front on a state or Town highway with a Class
I, II, III, IV or V classification, a private road constructed to
Town standards as required by the Planning Board or a Class VI road
proposed to be improved as stipulated by the Planning Board. To qualify
as frontage, the lot must have access rights to the subject highway
or road. The minimum distance for frontage on a road shall be:
D.
Setbacks. The minimum front setback shall be 25 feet, and the minimum
side or back setback shall be 15 feet.
E.
Structure and building height. Structure height is restricted to
achieve several purposes. The Town is economically dependent upon
tourism and attracts visitors with its rural character and mountainous
setting. Maintaining the traditional scale and style of structures
aids in preserving the character of the Town. Peaked roofs are encouraged
because it is the traditional roof style in the Town. (Care has been
taken to prepare language which does not unduly encourage the use
of flat-roof buildings.) The height restriction keeps structures and
buildings below treetop level, which is typically from 60 feet to
100 feet for mature maple, beech, birch and pine trees. Structure
height below treetop level helps maintain the rural atmosphere and
preserve the viewsheds throughout the Town. In addition, the height
limit minimizes difficulty in providing fire protection. The following
shall apply throughout the Town:
(1)
Structure height shall not exceed 55 feet for any structure, except wind energy systems permitted in accordance with Chapter 179 of the Conway Code.
[Amended 4-11-2017 ATM by Art. 2]
(2)
Building height shall not exceed 45 feet.
(3)
Wireless communication facilities may be allowed to exceed 55 feet
in height by special exception on application to the Zoning Board
of Adjustment as approved after a hearing with appropriate conditions
imposed thereon, provided that the height is necessary to fulfill
their function.
(4)
Church steeples may be allowed to exceed 55 feet in height by special
exception on application to the Zoning Board of Adjustment as approved
after a hearing with appropriate conditions imposed thereon, provided
that:
F.
Signs.
[Amended 4-14-2015 ATM
by Arts. 2, 3 and 4; 4-12-2016 ATM by Arts. 2 and 4; 4-11-2017 ATM by Art. 2; 4-10-2018 ATM
by Art. 3]
(1)
Sign setbacks. Signs shall be set back a minimum of five feet from
a platted right-of-way, and signs shall be set back a minimum of 15
feet from all other property boundaries.
(2)
Each lot in the district shall be entitled to 12 square feet of commercial
or nonresidential sign message area.
(3)
Maximum sign height shall be eight feet.
(4)
In addition to the above signage provisions, every lot shall be entitled
to one sign not exceeding one square foot in surface area placed in
any of the following locations:
(5)
Sign content. The Town has no intention of restricting individual
free speech, but the Town does recognize its right to place reasonable
restrictions upon commercial speech. Further, the Town wishes to prevent
excessive or unnecessary signage along road corridors. In keeping
with this reasoning, off-site commercial signs shall be prohibited.
(6)
Signs in platted ROW. Except as otherwise permitted below, no signs
shall be permitted within any platted right-of-way:
(7)
Temporary event signage. In addition to signage otherwise permitted
herein, temporary events may display up to 20 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(8)
Special event signage. In addition to signage otherwise permitted
herein, special events may display up to 40 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(9)
Permit required for all nonresidential signs exceeding six square
feet in message area.
(a)
Sign application process. Any action requiring a sign permit
shall be permitted only upon the application to, and approval of,
the Zoning Officer. Applications shall use the following process:
[1]
An application form for each sign shall be completed and signed
by the owner of the property.
[2]
A complete application shall also include the following:
[a]
Fee as set from time to time by the Board of Selectmen;
[b]
Written description of the proposed type, size,
height, setback, sign and supporting structure materials, and illumination
of the sign;
[c]
Statement specifically addressing compliance with
off-site commercial sign restrictions; and
[d]
Analysis regarding impact of safety, specifically
addressing lighting/glare and line-of-sight blockage for vehicles
and pedestrians.
[3]
Upon receipt of a complete application, the Zoning Officer shall
have up to 14 days to either approve or deny the application.
[4]
If the application is denied, the Zoning Officer shall issue
a written decision stating the reason(s) for denial.
[5]
If the application is approved, the Zoning Officer shall issue
an approval for the erection of a sign. The sign permit is valid for
one year from date of approval. If the sign is not erected within
one year, the permit shall expire.
(10)
Design standards. The following design standards shall be required
to ensure compliance with the intent of these regulations:
(a)
Illumination. Signs shall not be illuminated from within; signs
may be illuminated only by external light. Lighting shall be affixed
to and, for dimensional purposes, considered part of the sign structure.
Lighting shall be located, directed and/or shielded such that it only
sheds light downward and is limited to the message display area. The
lighting sources shall be of white light and be energy-efficient fixtures
when possible. Fixtures shall be located, directed and/or shielded
such that no direct light emissions are visible at any point along
the property boundary, nor shall they be distracting to vehicular
traffic.
(b)
Neon. Neon lighting shall be prohibited.
(c)
Motion. Moving signs, or signs which give the appearance of
motion, shall be prohibited.
(d)
Flashing/blinking. Flashing, blinking, alternating-type or digital-type
lighting, such as a digital message board, shall be prohibited.
(e)
Structural supports and base. The support and base structure
of a sign shall not exceed 50% of the maximum permitted message area
of the sign. Such supports and base shall be measured on the single
side or face having the greatest surface area. If the sign structural
supports and base are made of wood, brick and/or stone, with only
incidental use of other materials, the structure/base size limit shall
be increased to 100% of the maximum permitted message area of the
sign. The top of the supporting structure of a freestanding sign shall
extend no farther above the top of the message area than 1/3 of the
maximum permitted height of the message area.
(f)
No sign shall project over a street or sidewalk, except for
projecting signs as permitted herein.
(g)
No sign shall be placed in such a position as to endanger vehicular
or pedestrian traffic by obstructing a clear view, by causing confusion
with government signs and signals, or by any other means.
(11)
Movable signs. Movable signs shall be prohibited. No vehicle,
including parts thereof, trailers, and other accessories, shall be
used as a means of circumventing the purpose and intent of this chapter.
A vehicle displaying a commercial message which is licensed, registered
and inspected shall be exempt from these sign regulations if it is
regularly and customarily used to transport persons or property for
the business.
(12)
Flags, banners, pennants, etc.
(a)
In addition to the signs otherwise permitted by this chapter,
there may be displayed, on any lot, up to three flags displaying any
otherwise legal symbol, message or information, commercial or noncommercial;
except that off-site commercial flags shall be restricted as set forth
in this chapter. No such flag shall exceed 24 square feet measured
by one face of the flag only. Any such flag shall be mounted directly
to one flagpole. A "flagpole" is a pole intended and placed solely
for the support and display of a flag or flags, and does not include
utility poles, light poles, trees or other sign structures. All flagpoles
shall be erected vertically or within 45° of the vertical. No
portion of any flagpole shall be sited within 10 feet of a property
line. No flagpole shall extend more than 35 feet in height above grade
or, if mounted on a building, 55 feet above the average finished grade
of the building.
(b)
Banners, feather flags, pennants, searchlights, twirling signs,
balloons or other gas-filled figures, and other such materials shall
be prohibited, except as specified herein.
(c)
This subsection shall not be construed to prevent any sign otherwise
permitted by this chapter, and which conforms to all sign requirements
of this chapter, from taking the form of a flag or other fabric. Banners
may be used to cover part or all of an existing freestanding, projecting
or wall sign to advertise temporary events. The net effect of this
activity shall not increase the message area of any permitted sign
or signs.
(13)
Maintenance. All surfaces and supporting structures of signs,
whether erected prior to the effective date of this chapter or not,
shall be maintained in a safe and sightly condition to the satisfaction
of the Board of Selectmen or its authorized agent. A permit is required
for any maintenance except the following: repainting; other surface
renewal; or change of message on the same surface.
G.
Restrictions regarding home occupations. A home occupation is considered
accessory to a residential use and shall not occupy an area greater
than 50% of the total floor area of the residential unit or 1,500
square feet, whichever is less. Home occupations are subject to the
following provisions and restrictions:
(1)
The home occupation shall be carried on by persons who live in the
principal residential unit full time. Two employees living off-premises
are permitted.
(2)
The home occupation shall be carried on within the principal residential
unit or an approved accessory structure.
(3)
Exterior storage of commercial vehicles, equipment or materials or
variation from the residential character of the principal residential
unit shall not be permitted.
(4)
The home occupation shall create no unreasonable noise, vibration,
smoke, dust, electrical disturbance, odors, heat, glare or other nuisance
or threat to the health of the abutters.
(5)
Adequate off-street parking shall be provided.
(6)
A home occupation shall not generate excessive traffic or traffic
in greater volumes than would normally be expected in a residential
neighborhood.
(7)
A home occupation may display a sign conforming to Subsection F(10)(l)
above.
[Amended 4-11-2017 ATM by Art. 2]
(8)
A change-of-use permit to operate a home occupation is required before
startup of operation.
(9)
Retail or wholesale sales are only permitted for those items raised
or made on the premises.
(10)
A home occupation shall not be offensive to the character of
the neighborhood or decrease abutting property values.
H.
Farm and nursery stands. Farm and nursery stands for selling indigenous
produce or plants are considered temporary structures and are permitted,
provided that:
(2)
Three off-street parking spaces shall be required to be provided
for structures up to 100 square feet in size. Additional parking shall
be required at the rate of one space per 200 square feet over 100
square feet.
(3)
Wall signs shall not exceed 10 square feet in size. One portable
A-frame sign per lot, not to exceed six square feet, shall be allowed
to be displayed during business hours only.
(4)
All structures, parking areas and signs shall meet the setback requirements
established herein.
I.
Yard sales. Yard sales shall be permitted, provided that no one household
holds sales on more than six days per calendar year.
[Amended 4-11-2017 ATM by Art. 2]
J.
Travel trailers and recreational vehicles.
(1)
A travel trailer or recreational vehicle may be permitted on the
site of a construction project for one year, provided that it is a
necessary convenience for the construction project and that no public
safety or health hazards shall be created.
(2)
One travel trailer or recreational vehicle may be stored on a lot,
provided that it is accessory to a permitted residential use on the
subject property and not utilized for dwelling purposes. Travel trailers
and recreational vehicles shall not be stored on vacant lots.
[Amended 4-12-2016 ATM by Art. 3]
K.
Special exceptions. The following land uses shall be allowed if granted
a special exception by the Zoning Board of Adjustment:
(1)
Nursing homes. In order to protect existing property owners in the
Center Conway Village Residential District against a new use nearby
which may be incompatible or undesirable but also allow for nursing
homes with acceptable accessory commercial uses such as gift shops,
flower shops and candy shops, which are restricted to on-premises
facilities, the Zoning Board of Adjustment may grant a special exception
for nursing homes in the Center Conway Village Residential District,
provided that:
[Amended 4-11-2017 ATM by Art. 2]
(a)
The nursing home development is architecturally compatible with
the surrounding neighborhood;
(b)
Traffic access to and from the development will not alter the
character of the neighborhood;
(c)
Lighting will be of such design as not to disturb the tranquility
of the neighborhood;
(d)
Outpatient and day-care facilities operate during reasonable
hours;
(e)
The facility will not operate as a crisis center for drug addiction,
alcoholism or the mentally disturbed;
(f)
Accessory commercial space on premises for the sole purpose
of the nursing home occupants and employees will be operated and managed
by the nursing home owners, and the same space will not be leased
to outside businesses;
(g)
The nursing home structure shall not exceed two stories in height
above grade;
(h)
The maximum density allowed is 16 beds per acre; and
(i)
The land to be developed for such use contains no less than
five acres.
(2)
Charitable fund-raising events. A special exception may be granted
for charitable fund-raising events operated by or on behalf of nonprofit
organizations having a federal tax exemption, provided that:
(3)
Private educational facilities. A special exception may be granted
to permit private educational facilities, with or without accessory
uses, provided that:
(a)
Traffic access to and from the facility will not alter the character
of the abutting residential neighborhood;
(b)
The development is architecturally compatible with the height,
scale, color and detail of the surrounding residential neighborhood;
and
(c)
The proposed facility will not adversely affect abutting properties
by reason of undue light, noise, density of use, or other nuisance.
(4)
Day-care centers. A special exception may be granted to home-based
day-care centers serving seven people to 15 people and other non-home-based
centers, regardless of the number of people served, provided that:
(a)
Traffic access to and from the development will not alter the
character of the abutting residential neighborhood;
(b)
The development is architecturally compatible with the height,
scale, color and detail of the surrounding residential neighborhood;
(d)
The size of the lot is appropriate to provide green space and
play areas.
(5)
Commercial golf facilities. A special exception may be granted for
traditionally full-sized golf courses and those accessory uses traditionally
associated with this primary use, such as a clubhouse with a lounge
and restaurant facility, professional shop, golf practice range, tennis
courts and swimming pools, but not to include miniature golf, provided
that:
(a)
The specific site is an appropriate location for such use, not
only in context with the land to be dedicated to such use but in context
with the surrounding land uses as well. The applicant shall dedicate
a specific parcel(s) to the proposed facility, which shall not be
used for residential density. In order to determine this, the following
criteria shall be evaluated:
[1]
Property values. The applicant shall present information by
a certified appraiser indicating that there will be no negative impact
on abutting properties as a result of the proposed special exception;
[2]
Traffic. No traffic hazard will be created and traffic access
will not alter the character of the neighborhood. The main access
point shall be from an arterial or collector and not from neighborhood
streets. The Zoning Board of Adjustment may consider the comments
of the Town Planning Director in evaluating the traffic study. A traffic
study shall be completed that shows the impact of the proposed development
in its entirety on the nearest signalized intersection(s). For intersections
that are of an overall level of service (herein "LOS") C or better,
the LOS at the nearest signalized intersection(s) shall not fall below
LOS C during the a.m. and p.m. peak hours as a result of the development.
If LOS C cannot be maintained, the applicant shall make such changes
that are necessary to bring the intersection to LOS C, provided that
such improvements are acceptable to the Zoning Board of Adjustment.
The applicant may choose to reduce the development so as to produce
an acceptable LOS. If the LOS is already below C (D, E or F), the
project shall only be approved if the LOS is brought up to D. The
applicant may choose to reduce the development so as to produce an
acceptable LOS;
[Amended 4-11-2017 ATM by Art. 2]
[3]
Nuisances; hazards. The Zoning Board of Adjustment shall review
the operation of the development, including noise, odors and any hazards
associated with the use and location. If the Zoning Board of Adjustment
determines that any hazards or nuisances cannot be overcome and are
not customarily found in a residential neighborhood, the proposed
use shall be denied;
[4]
Adequacy of private/municipal facilities. The Zoning Board of
Adjustment shall review the proposed facilities, including drainage,
sewer/septic, water, electric and other utilities, to ensure adequate
provisions to meet the needs of the proposed development. It may consider
the opinion of the Town Engineer in making this determination;
[5]
Design and architecture. The design and architecture of the
proposed structure shall be reviewed by the Zoning Board of Adjustment
to determine its compatibility with abutting residential structures.
The scale, height, color and detail shall be similar to and/or aesthetically
compatible with residential structures;
[6]
Lighting. The lighting plan shall be submitted to the Zoning
Board of Adjustment for approval. No direct glare shall be permitted.
Parking areas and walkways may be illuminated by luminaries so hooded
or shielded as to not extend significantly beyond the parking and
walkway areas;
[7]
Hours of operation. Hours of operation will be appropriate so
as to not interfere with the abutting residential neighborhood by
means of excess traffic in off-peak hours, unscreened lighting that
disturbs residential uses and other factors that make the facility
different from a residential neighborhood; and
[8]
Buffer. A perimeter buffer area adjacent to all abutting properties
shall be left undisturbed if wooded and, if open, shall be planted
with dense evergreen plantings. It shall be 100 feet in depth at a
minimum unless a greater buffer is required by the Zoning Board of
Adjustment due to the intensity of the use and interference with adjacent
properties.
[Amended 4-11-2017 ATM by Art. 2]
(6)
Resort hotel. A special exception may be granted for a resort hotel
and those uses traditionally associated with this use, provided that:
(a)
The resort hotel is constructed on and in conjunction with a
commercial golf facility or with another recreational/resort use on
the supporting acreage;
(b)
The minimum lot size for the lot supporting the combined commercial
golf course and resort hotel shall be 200 acres, exclusive of that
acreage that falls within the Wetlands Conservation District;
(c)
To the extent not previously satisfied in an approval for a
commercial golf facility, the resort hotel and its site will comply
with all of the conditions required for a commercial golf facility;
(d)
In addition to the buffer area required for commercial golf
courses, the resort hotel building(s) shall be set back no closer
than 1,000 feet to the boundary line of any other unaffiliated lot
or roadway (An "unaffiliated lot or roadway" is a lot or roadway not
owned or controlled by the applicant or its principals.); and
(e)
The number of guest rooms in the resort hotel will be dependent
upon the acreage allocated to the combined facility/resort hotel lot,
at a ratio of two acres per guest room.
(7)
Post offices. A special exception may be granted to permit a publicly
or privately owned post office, provided that:
(a)
Traffic access to and from the site will not alter the character
of the abutting residential neighborhood;
(b)
The post office is architecturally compatible with the surrounding
residential district;
(c)
The proposed facility will not adversely affect abutting properties
by reason of undue light, noise, density of use or decreased property
values;
(d)
No portion of the building may be used for any purpose other
than a post office;
(e)
At such time as the facility ceases to be used as a post office,
the building and improvements shall either be razed or converted to
a use allowed in the district; and
(f)
The minimum dimensional lot requirements (lot size, setbacks,
frontage, etc.) may be increased by either the Zoning Board of Adjustment
or the Planning Board if it is found that the aforementioned criteria
cannot be met using minimum dimensional requirements.
(8)
Heliports. A special exception may be granted to permit private/noncommercial
heliports, as accessory to any approved use. The requirement for a
special exception to be granted under this subsection shall not be
applied to the use of helicopters, or any other type of aircraft,
being used on a temporary basis for such purposes as emergency response,
medical necessity, ongoing construction projects that have been permitted
by the Town of Conway, or temporary (fewer than seven days) news media
coverage. Before a special exception for a heliport can be granted
by the Zoning Board of Adjustment, the following conditions must be
met:
(a)
The use of the site for a heliport shall not be offensive to
the character of the neighborhood;
(b)
The use of the site for a heliport shall not decrease abutting
property values. Evidence supporting property values must be submitted
by any party with an interest in the granting of the special exception
from a creditable source that is knowledgeable of land evaluation
and property values;
(c)
Any site being considered to contain a heliport must be, at
a minimum, five acres in size;
(d)
Other site dimensions, above and beyond the overall acreage
requirement listed above, shall be sufficient to provide safety areas
suitable to meet all FAA-suggested dimensions and requirements;
(e)
Before the Zoning Board of Adjustment considers any application
for a special exception for this land use, all federal and state approvals
which are required must be obtained by the applicant, with copies
of these approvals submitted as part of the request for a special
exception; and
(f)
A major site plan approval shall be required of the applicant
from the Planning Board for the heliport, which is accessory to an
approved business. As a condition for the granting of the special
exception, no use of the heliport may be engaged by the applicant
until all conditions of the special exception, including a major site
plan approval, have been satisfied by the applicant.[6]
(9)
A special exception may be granted for helicopter operations for
construction and survey work, where no other practical method is available
to do the work, and for special events such as the visit of a dignitary,
recreational events such as ski, tennis, equine or golf events, or
some other events of a short-term nature. No approval for a special
exception shall be granted unless the ZBA makes a finding that the
helicopter use will not constitute a nuisance or hazard to Town residents
and their property.
(10)
Business development parks. A special exception may be granted
for a business development park that provides educational and technical
assistance as well as incubation space and infrastructure for new
and existing business development, including roads, buildings, and
other necessary infrastructure within the CCVR District, provided
the following conditions are satisfied:
(a)
The subject property must have some of its boundary within or
contiguous with the boundary of a Highway or Village Commercial District.
[Amended 4-11-2017 ATM by Art. 2]
(b)
Arterial road. The business development park must front on and
access an existing arterial road.
(c)
Setbacks. The minimum front, side and rear setbacks from all
adjacent properties and roads shall be 100 feet.
(d)
Parking lots. Parking lots shall not exceed 20,000 square feet
in gross area.
(e)
Nuisances; hazards. The applicant must demonstrate that the
operations of the business development park, including noise, odors
and any other expected hazards associated with the development, are
consistent with that of a residential neighborhood.
(f)
Property values. The applicant shall provide a comprehensive
report, by an appraiser licensed by the State of New Hampshire, which
demonstrates that there will be no negative impact on abutting properties.
This report shall be reviewed and comments will be provided by the
Town Assessor.
(g)
Traffic study. The applicant must provide a traffic study, certified
by a qualified engineer licensed by the State of New Hampshire which
clearly indicates the traffic impacts that would result from the project
and improvements to the existing transportation infrastructure that
would be necessary to ensure appropriate access and level of service.
This report shall be reviewed and comments will be provided by the
Town Engineer.
(h)
Buffer. A perimeter buffer area adjacent to all abutting properties
and streets shall be left in its undisturbed natural state or, if
disturbed, shall be replanted with indigenous species. The minimum
buffer depth shall be 100 feet.
(i)
Recreation use. The business development park will construct
a passive and active recreation trail system within the project for
use by tenants of the business development park and the public. The
trail system shall provide links to other existing or future publicly
accessible trails adjacent to the property. The rate of trail system
construction shall be, at least, consistent with the rate of development
of the business development park. The recreation trails may cross
the buffer only to connect with existing or future publicly accessible
trails on adjacent properties and if they do not impair the effectiveness
of the buffer.
(j)
Green space. Green space shall comprise not less than 35% of
the total lot area, exclusive of wetlands, water bodies, the one-hundred-year
floodplain and slopes over 25%.
(11)
Kennels. A special exception may be granted to permit kennels
for transient (fewer than 30 days) housing of domestic animals or
commercial breeding facilities for domestic animals, provided that:
(a)
Minimum lot size is two acres.
(b)
Animal housing areas, if indoors, shall be set back 40 feet
from side and rear property lines and 60 feet from rights-of-way.
Pastures/Outdoor exercise areas shall be set back 15 feet from any
property line.
(c)
A written plan for the disposal/removal of animal waste must
be submitted along with the application requesting the special exception
from the Zoning Board of Adjustment. This plan must be approved by
the Board as a condition of the special exception approval, if granted.
(d)
All animals shall be kept in an indoor area between the hours
of 6:00 p.m. and 8:00 a.m.
(12)
Wireless communication facilities. Wireless communication facilities
may be allowed by special exception in the CCVR District, on application
to the Zoning Board of Adjustment as approved after a hearing with
appropriate conditions imposed thereon, provided that:
(a)
Since the visual impact of wireless communication facilities
can transcend Town lines, communities that may be visually affected
shall be formally notified of applications for such proposed facilities
as projects having regional impact.
(b)
The applicant must demonstrate that every reasonable effort
has been made to cause the facility to have the least possible visual
impact on the Town at large, including demonstration of realistic
analysis of multiple sites, the need for the proposed height, and
any impact on significant roadside viewpoints.
(c)
Any wireless communication facility shall be designed to accommodate
multiple providers of communication services and will only be approved
under the condition that the primary developer of the facility will
make the facility available upon reasonable terms, by lease or other
legal instruments, to other wireless communication services.
(d)
The Board of Adjustment may request detailed plans from the
applicant and may, at the expense of the applicant, engage the services
of professional consultants to review and comment on the proposal,
and testimony of the applicants or their agents relating thereto.
[Amended 4-14-2015 ATM by Art. 2, Art. 3, Art. 4; 4-12-2016
ATM by Art. 2, Art. 3, Art. 4; 4-11-2017 ATM by Art. 2]
The CVR District is primarily designed to accommodate a mix of uses that complement the Village's residential neighborhoods. This area is generally serviced by municipal water and sewer services, thereby accommodating higher densities in the order of two units to four units per acre. Domestic farm animals are specifically prohibited in this district. Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries.
(1)
The
CVR District shall have the following bounds (Map and Parcel numbers
refer to 2003 Town of Conway Tax Maps):
Commencing at a point being the northeast corner of Map 265,
Parcel 202; thence southerly along the eastern boundary of Map 265,
Parcel 202 to the southeastern corner of Map 265, Parcel 202; thence
traversing Route 113 (East Main Street) in a straight line to the
northeast corner of Map 265, Parcel 9; thence southerly along the
eastern boundary of Map 265, Parcel 9 to the southeast corner of Map
265, Parcel 9;
thence westerly along the southern boundary of Map 265, Parcel
9 to the southwest corner of Map 265, Parcel 9; thence northerly along
the western boundary of Map 265, Parcel 9 to the northeast corner
of Map 265, Parcel 11; thence westerly along the northern boundary
of Map 265, Parcel 11 to the southwest corner of Map 265, Parcel 18;
thence traversing Map 276, Parcel 86 in a straight line to the northeast
corner of Map 276, Parcel 3; thence westerly along the northern boundary
of Map 276, Parcel 3 to the northwest corner of Map 276, Parcel 3;
thence southerly along the western boundary of Map 276, Parcels 3
and 2 to the southwest corner of Map 276, Parcel 2; thence southerly
along the western boundary of Map 276, Parcel 16 to the southeast
corner of Map 276, Parcel 16; thence westerly along the southern boundary
of Map 276, Parcel 16 and continuing in a straight line to the center
line of Pollard Street;
thence southerly along the center line of Pollard Street and
continuing in a straight line traversing Map 276, Parcel 86 to the
southeast corner of Map 276, Parcel 79; thence southwesterly along
the southern boundary of Map 276, Parcel 79 and continuing in a straight
line to the center line of Route 153 (Eaton Road); thence northerly
along the center line of Route 153 (Eaton Road) to the intersection
of the center line of Tasker Hill Road; thence southerly along the
center line of Tasker Hill Road to the intersection of the center
line of Quint Street;
thence westerly along the center line of Quint Street to a point
adjacent to the northeast corner of Map 276, Parcel 140; thence southwesterly
through the northeast corner of Map 276, Parcel 140 and along the
eastern boundary of Map 276, Parcel 140 to the southeast corner of
Map 276, Parcel 140; thence westerly and southerly along the northern
boundary of Map 276, Parcels 139 to the southeast corner of Map 276,
Parcel 145; thence westerly along the southern boundary of Map 276,
Parcels 145 to the southwest corner of Map 276, Parcel 145; thence
northerly along the western boundary of Map 276, Parcels 145, 146,
147, 148 and 149 to the northwest corner of Map 276, Parcel 149; thence
easterly along the northern boundary of Map 276, Parcels 149, 150,
151, 152 and 153 to the southwest corner of Map 276, Parcel 167;
thence northerly to the northwest corner of Map 276, Parcel
167; thence northerly and westerly along the southern boundary of
Map 276, Parcel 168 to the southwest corner of Map 276, Parcel 168;
thence northerly, along the western boundary of Map 276, Parcel 168
to the northwest corner of Map 276, Parcel 168; thence northerly in
a straight line to the southwest corner of Map 276, Parcel 239; thence
northerly along the western boundary of Map 276, Parcels 239, 240,
241, 242 and 243 to the southern boundary of Map 276, Parcel 244;
thence westerly along the southern boundary of Map 276, Parcel 244
to the southwest corner of Map 276, Parcel 244; thence northerly along
the western boundary of Map 276, Parcels 244, 245, 246 and 247 to
the southern boundary of Map 276, Parcel 248; thence westerly along
the southern boundary of Map 276, Parcel 248 to the eastern shore
of Pequawket Pond;
thence easterly along the shore of Pequawket Pond to the northeast
corner of Map 276, Parcel 249; thence traversing Page Randall Brook
in a straight line to the northwest corner of Map 276, Parcel 271;
thence easterly along the northern boundary of Map 276, Parcel 271
to the southwest corner of Map 276, Parcel 273; thence northerly to
the northwest corner of Map 276, Parcel 273; thence easterly along
the northern boundary of Map 276, Parcel 273 and continuing in a straight
line to the center line of Route 153 (Pleasant Street); thence northerly
along the center line of Route 153 (Pleasant Street) to the intersection
with the center line of Greenwood Street;
thence easterly along the center line of Greenwood Street to
the intersection with the center line of Wilder Street; thence northerly
along the center line of Wilder Street to the intersection with the
center line of Route 113 (East Main Street); thence easterly along
the center line of Route 113 (East Main Street) to a point adjacent
to the southwest corner of Map 265, Parcel 174; thence northerly through
the southwest corner of Map 265, Parcel 174 and along the western
boundary of Map 265, Parcel 174 to the southern boundary of Map 265,
Parcel 175; thence westerly along the southern boundary of Map 265,
Parcel 175 to the southwest corner of Map 265, Parcel 175; thence
northerly along the western boundary of Map 265, Parcels 175, 176
and 177 to the southern shore of the Saco River, and thence easterly
along the southern shore of the Saco River back to the point of commencement.
(2)
District map. The CVR District Map is included as an attachment to this chapter.
B.
Lot size and density.
(1)
Lots serviced by a municipal water system and municipal sewerage
system shall have at least 1/2 acre for the first unit that may be
located thereon and at least 10,000 square feet for each additional
unit on the same lot.
(2)
Lots serviced by a municipal water system shall have at least 1/2
acre for each unit that may be located thereon.
(3)
All other lots shall have at least one acre for each unit that may
be located thereon.
(4)
Special exceptions.
(a)
In order to preserve and safeguard Conway's older homes, but
also allow for their conversion to multifamily dwellings, the Zoning
Board of Adjustment may grant special exceptions for residential structures
and accessory structures on the same lot, provided that:
[Amended 4-10-2018 ATM
by Art. 2]
[1]
Substantially all of the structure was constructed prior to
1930.
[2]
The total number of dwelling units on the site does not exceed
four.
[3]
No less than 5,000 square feet of land area must be provided
on the parcel for each unit that exists or is to be constructed thereon.
[4]
No significant changes to the exterior lines or architectural
detail are made which would diminish the historical or architectural
heritage of the structure.
[5]
Adequate area is available for parking outside the setback and
buffer areas.
[6]
Accessory structures must have at least 300 square feet of occupiable
space per unit suitable for conversion to a dwelling unit.
[7]
All of the dwelling units shall be used for long-term residency;
short-term transient occupancies of less than 30 consecutive days
of any dwelling unit is prohibited.
[8]
Scaled floor plans and a scaled site drawing must be submitted
to the Zoning Board of Adjustment at the time of application to ensure
compliance with the requirements for this special exception.
(b)
In order to help provide year-round rental housing, the Zoning
Board of Adjustment may grant a special exception for one accessory
dwelling unit as an accessory use to a single-family dwelling on any
size lot, subject to the following conditions:
[Amended 4-9-2019 ATM
by Art. 2]
[1]
The accessory dwelling unit is designed to ensure architectural
compatibility with the neighborhood.
[2]
Sufficient parking is located on site.
[4]
Both the primary single-family dwelling and the accessory dwelling
unit shall be used for long-term residency, and short-term transient
occupancy of either dwelling unit is prohibited.
C.
Frontage. All lots must front on a state or Town highway with a Class
I, II, III, IV or V classification, a private road constructed to
Town standards as required by the Planning Board or a Class VI road
proposed to be improved as stipulated by the Planning Board. To qualify
as frontage, the lot must have access rights to the subject highway
or road. The minimum distance for frontage on a road shall be:
D.
Setbacks. The minimum front setback shall be 25 feet and the minimum
side or back setback shall be 15 feet.
E.
Structure and building height. Structure height is restricted to
achieve several purposes. The Town is economically dependent upon
tourism and attracts visitors with its rural character and mountainous
setting. Maintaining the traditional scale and style of structures
aids in preserving the character of the Town. Peaked roofs are encouraged
because it is the traditional roof style in the Town. (Care has been
taken to prepare language which does not unduly encourage the use
of flat-roof buildings.) The height restriction keeps structures and
buildings below treetop level, which is typically from 60 feet to
100 feet for mature maple, beech, birch and pine trees. Structure
height below treetop level helps maintain the rural atmosphere and
preserve the viewsheds throughout the Town. In addition, the height
limit minimizes difficulty in providing fire protection. The following
shall apply throughout the Town:
(1)
Structure height shall not exceed 55 feet for any structure, except wind energy systems permitted in accordance with Chapter 179 of the Conway Code.
(2)
Building height shall not exceed 45 feet.
(3)
Church steeples may be allowed to exceed 55 feet in height by special
exception on application to the Zoning Board of Adjustment as approved
after a hearing with appropriate conditions imposed thereon, provided
that:
F.
Signs.
[Amended 4-10-2018 ATM
by Art. 3]
(1)
Sign setbacks. Signs shall be set back a minimum of five feet from
a platted right-of-way, and signs shall be set back a minimum of 15
feet from all other property boundaries.
(2)
Each lot in the district shall be entitled to 12 square feet of commercial
or nonresidential sign message area.
(3)
Maximum sign height shall be eight feet.
(4)
In addition to the above signage provisions, every lot shall be entitled
to one sign not exceeding one square foot in surface area placed in
any of the following locations:
(5)
Sign content. The Town has no intention of restricting individual
free speech, but the Town does recognize its right to place reasonable
restrictions upon commercial speech. Further, the Town wishes to prevent
excessive or unnecessary signage along road corridors. In keeping
with this reasoning, off-site commercial signs shall be prohibited.
(6)
Signs in platted ROW. Except as otherwise permitted below, no signs
shall be permitted within any platted right-of-way:
(7)
Temporary event signage. In addition to signage otherwise permitted
herein, temporary events may display up to 20 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(8)
Special event signage. In addition to signage otherwise permitted
herein, special events may display up to 40 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(9)
Permit required for all nonresidential signs exceeding six square
feet in message area.
(a)
Sign application process. Any action requiring a sign permit
shall be permitted only upon the application to, and approval of,
the Zoning Officer. Applications shall use the following process:
[1]
An application form for each sign shall be completed and signed
by the owner of the property.
[2]
A complete application shall also include the following:
[a]
Fee as set from time to time by the Board of Selectmen;
[b]
Written description of the proposed type, size,
height, setback, sign and supporting structure materials, and illumination
of the sign;
[c]
Statement specifically addressing compliance with
off-site commercial sign restrictions; and
[d]
Analysis regarding impact of safety, specifically
addressing lighting/glare and line-of-sight blockage for vehicles
and pedestrians.
[3]
Upon receipt of a complete application, the Zoning Officer shall
have up to 14 days to either approve or deny the application.
[4]
If the application is denied, the Zoning Officer shall issue
a written decision stating the reason(s) for denial.
[5]
If the application is approved, the Zoning Officer shall issue
an approval for the erection of a sign. The sign permit is valid for
one year from date of approval. If the sign is not erected within
one year, the permit shall expire.
(10)
Design standards. The following design standards shall be required
to ensure compliance with the intent of these regulations:
(a)
Illumination. Signs shall not be illuminated from within; signs
may be illuminated only by external light. Lighting shall be affixed
to and, for dimensional purposes, considered part of the sign structure.
Lighting shall be located, directed and/or shielded such that it only
sheds light downward and is limited to the message display area. The
lighting sources shall be of white light and be energy-efficient fixtures
when possible. Fixtures shall be located, directed and/or shielded
such that no direct light emissions are visible at any point along
the property boundary, nor shall they be distracting to vehicular
traffic.
(b)
Neon. Neon lighting shall be prohibited.
(c)
Motion. Moving signs, or signs which give the appearance of
motion, shall be prohibited.
(d)
Flashing/blinking. Flashing, blinking, alternating-type or digital-type
lighting, such as a digital message board, shall be prohibited.
(e)
Structural supports and base. The support and base structure
of a sign shall not exceed 50% of the maximum permitted message area
of the sign. Such supports and base shall be measured on the single
side or face having the greatest surface area. If the sign structural
supports and base are made of wood, brick and/or stone, with only
incidental use of other materials, the structure/base size limit shall
be increased to 100% of the maximum permitted message area of the
sign. The top of the supporting structure of a freestanding sign shall
extend no farther above the top of the message area than 1/3 of the
maximum permitted height of the message area.
(f)
No sign shall project over a street or sidewalk, except for
projecting signs as permitted herein.
(g)
No sign shall be placed in such a position as to endanger vehicular
or pedestrian traffic by obstructing a clear view, by causing confusion
with government signs and signals, or by any other means.
(11)
Movable signs. Movable signs shall be prohibited. No vehicle,
including parts thereof, trailers, and other accessories, shall be
used as a means of circumventing the purpose and intent of this chapter.
A vehicle displaying a commercial message which is licensed, registered
and inspected shall be exempt from these sign regulations if it is
regularly and customarily used to transport persons or property for
the business.
(12)
Flags, banners, pennants, etc.
(a)
In addition to the signs otherwise permitted by this chapter,
there may be displayed, on any lot, up to three flags displaying any
otherwise legal symbol, message or information, commercial or noncommercial;
except that off-site commercial flags shall be restricted as set forth
in this chapter. No such flag shall exceed 24 square feet measured
by one face of the flag only. Any such flag shall be mounted directly
to one flagpole. A "flagpole" is a pole intended and placed solely
for the support and display of a flag or flags, and does not include
utility poles, light poles, trees or other sign structures. All flagpoles
shall be erected vertically or within 45° of the vertical. No
portion of any flagpole shall be sited within 10 feet of a property
line. No flagpole shall extend more than 35 feet in height above grade
or, if mounted on a building, 55 feet above the average finished grade
of the building.
(b)
Banners, feather flags, pennants, searchlights, twirling signs,
balloons or other gas-filled figures, and other such materials shall
be prohibited, except as specified herein.
(c)
This subsection shall not be construed to prevent any sign otherwise
permitted by this chapter, and which conforms to all sign requirements
of this chapter, from taking the form of a flag or other fabric. Banners
may be used to cover part or all of an existing freestanding, projecting
or wall sign to advertise temporary events. The net effect of this
activity shall not increase the message area of any permitted sign
or signs.
(13)
Maintenance. All surfaces and supporting structures of signs,
whether erected prior to the effective date of this chapter or not,
shall be maintained in a safe and sightly condition to the satisfaction
of the Board of Selectmen or its authorized agent. A permit is required
for any maintenance except the following: repainting; other surface
renewal; or change of message on the same surface.
G.
Restrictions regarding home occupations. A home occupation is considered
accessory to a residential use and shall not occupy an area greater
than 50% of the total floor area of the residential unit or 1,500
square feet, whichever is less. Home occupations are subject to the
following provisions and restrictions:
(1)
The home occupation shall be carried on by persons who live in the
principal residential unit full time. Two employees living off-premises
are permitted.
(2)
The home occupation shall be carried on within the principal residential
unit or an approved accessory structure.
(3)
Exterior storage of commercial vehicles, equipment or materials or
variation from the residential character of the principal residential
unit shall not be permitted.
(4)
The home occupation shall create no unreasonable noise, vibration,
smoke, dust, electrical disturbance, odors, heat, glare or other nuisance
or threat to the health of the abutters.
(5)
Adequate off-street parking shall be provided.
(6)
A home occupation shall not generate excessive traffic or traffic
in greater volumes than would normally be expected in a residential
neighborhood.
(7)
A home occupation may display a sign conforming to Subsection F(10)(l)
above.
(8)
A change-of-use permit to operate a home occupation is required before
startup of operation.
(9)
Retail or wholesale sales are only permitted for those items raised
or made on the premises.
(10)
A home occupation shall not be offensive to the character of
the neighborhood or decrease abutting property values.
H.
Yard sales. Yard sales shall be permitted, provided that no one household
holds sales on more than six days per calendar year.
I.
Mobile homes, travel trailers and recreational vehicles.
(1)
A mobile home, travel trailer or recreational vehicle may be permitted
on the site of a construction project for one year, provided that
it is a necessary convenience for the construction project and that
no public safety or health hazards shall be created.
(2)
One travel trailer or recreational vehicle may be stored on a lot,
provided that it is accessory to a permitted residential use on the
subject property and not utilized for dwelling purposes. Travel trailers
and recreational vehicles shall not be stored on vacant lots.
(3)
All mobile homes permitted under this subsection must be connected
to a sewerage system and water source, both meeting minimum local
and State of New Hampshire standards, as applicable and then promulgated;
such systems shall be approved by the Selectmen or their designated
agent and be maintained so as not to cause a health or sanitation
hazard.
J.
Special exceptions. The following land uses shall be allowed if granted
a special exception by the Zoning Board of Adjustment:
(1)
Private educational facilities. A special exception may be granted
to permit private educational facilities, with or without accessory
uses, provided that:
(a)
Traffic access to and from the facility will not alter the character
of the abutting residential neighborhood;
(b)
The development is architecturally compatible with the height,
scale, color and detail of the surrounding residential neighborhood;
and
(c)
The proposed facility will not adversely affect abutting properties
by reason of undue light, noise, density of use, or other nuisance.
(2)
Day-care centers. A special exception may be granted to home-based
day-care centers serving seven people to 15 people and other non-home-based
centers, regardless of the number of people served, provided that:
(a)
Traffic access to and from the development will not alter the
character of the abutting residential neighborhood;
(b)
The development is architecturally compatible with the height,
scale, color and detail of the surrounding residential neighborhood;
(c)
Site plan approval or a site plan exemption is granted by the
Planning Board; and
(d)
The size of the lot is appropriate to provide green space and
play areas.
(3)
Post offices. A special exception may be granted to permit a publicly
or privately owned post office, provided that:
(a)
Traffic access to and from the site will not alter the character
of the abutting residential neighborhood;
(b)
The post office is architecturally compatible with the surrounding
residential district;
(c)
The proposed facility will not adversely affect abutting properties
by reason of undue light, noise, density of use or decreased property
values;
(d)
No portion of the building may be used for any purpose other
than a post office;
(e)
At such time as the facility ceases to be used as a post office,
the building and improvements shall either be razed or converted to
a use allowed in the district; and
(f)
The minimum dimensional lot requirements (lot size, setbacks,
frontage, etc.) may be increased by either the Zoning Board of Adjustment
or the Planning Board if it is found that the aforementioned criteria
cannot be met using minimum dimensional requirements.
(4)
Helicopters. A special exception may be granted for helicopter operations
for construction and survey work, where no other practical method
is available to do the work, and for special events such as the visit
of a dignitary, recreational events such as ski, tennis, equine or
golf events, or some other events of a short-term nature. No approval
for a special exception shall be granted unless the ZBA makes a finding
that the helicopter use will not constitute a nuisance or hazard to
Town residents and their property.
The NCVR District is primarily designed to accommodate a mix of uses that complement the Village's residential neighborhoods. This area is generally serviced by municipal water and sewer services, thereby accommodating higher densities in the order of two units to four units per acre. Domestic farm animals are specifically prohibited in this district. Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries.
(1)
The
NCVR District shall have the following bounds (Map and Parcel numbers
refer to 2003 Town of Conway Tax Maps):
Commencing at a point on the center line of Kearsarge Road adjacent
to the northeast corner Map 214, Parcel 23.1; thence southerly along
the center line of Kearsarge Road to the intersection of the center
line of Skimobile Road;
thence easterly along the center line of Skimobile Road to a
point adjacent to the northeast corner of Map 219, Parcel 106; thence
southerly in a straight line through the northeast corner of Map 219,
Parcel 106 to the southeast corner of Map 219, Parcel 106; thence
westerly and southerly along the western boundary of Map 219, Parcel
105 to the northeast corner of Map 219, Parcel 186; thence southerly
along the eastern boundary of Map 219, Parcel 186 to the southeast
corner of Map 219, Parcel 186;
thence westerly along the northern boundary of Map 219, Parcel
218 to the southeast corner of Map 219, Parcel 199; thence westerly,
northerly and westerly along the southern boundary of Map 219, Parcel
199 to the southwest corner of Map 219, Parcel 199; thence westerly
in a straight line traversing Map 219, Parcel 211 to the center line
of the North-South Road;
thence northerly along the center line of the North-South Road
and continuing along the center line of Map 202, Parcel 150 (former
Main Central Railroad ROW) to a point adjacent to the southwest corner
of Map 214, Parcel 31; thence easterly along the southern boundary
of Map 214, Parcel 31 to the northeast corner of Map 214, Parcel 23.3;
thence southerly along the eastern boundary of Map 214, Parcel 23.3
to the northwest corner of Map 214, Parcel 23.2; thence easterly along
the northern boundary of Map 214, Parcels 23.2 and 23.1, and continuing
in a straight line to the point of commencement.
(2)
District map. The NCVR District Map is included as an attachment to this chapter.
B.
Lot size and density.
(1)
Lots serviced by a municipal water system and municipal sewerage
system shall have at least 1/2 acre for the first unit that may be
located thereon and at least 10,000 square feet for each additional
unit on the same lot.
(2)
Lots serviced by a municipal water system shall have at least 1/2
acre for each unit that may be located thereon.
(3)
All other lots shall have at least one acre for each unit that may
be located thereon.
(4)
Special exceptions.
(a)
In order to preserve and safeguard Conway's older homes, but
also allow for their conversion to multifamily dwellings, the Zoning
Board of Adjustment may grant special exceptions for residential structures
and accessory structures on the same lot, provided that:
[Amended 4-10-2018 ATM
by Art. 2;5-12-2020 ATM by Art. 4]
[1]
Substantially all of the structure was constructed prior to
1930.
[2]
The total number of dwelling units on the site does not exceed
four.
[3]
No less than 5,000 square feet of land area must be provided
on the parcel for each unit that exists or is to be constructed thereon.
[4]
No significant changes to the exterior lines or architectural
detail are made which would diminish the historical or architectural
heritage of the structure.
[5]
Adequate area is available for parking outside the setback and
buffer areas.
[6]
Accessory structures must have at least 300 square feet of occupiable
space per unit suitable for conversion to a dwelling unit.
[7]
All of the dwelling units shall be used for long-term residency;
short-term transient occupancies of less than 30 consecutive days
of any dwelling unit is prohibited.
[8]
Scaled floor plans and a scaled site drawing must be submitted
to the Zoning Board of Adjustment at the time of application to ensure
compliance with the requirements for this special exception.
(b)
In order to help provide year-round rental housing, the Zoning
Board of Adjustment may grant a special exception for one accessory
dwelling unit as an accessory use to a single-family dwelling on any
size lot, subject to the following conditions:
[Amended 4-9-2019 ATM
by Art. 2]
[1]
The accessory dwelling unit is designed to ensure architectural
compatibility with the neighborhood.
[2]
Sufficient parking is located on site.
[4]
Both the primary single-family dwelling and the accessory dwelling
unit shall be used for long-term residency, and short-term transient
occupancy of either dwelling unit is prohibited.
C.
Frontage. All lots must front on a state or Town highway with a Class
I, II, III, IV or V classification, a private road constructed to
Town standards as required by the Planning Board or a Class VI road
proposed to be improved as stipulated by the Planning Board. To qualify
as frontage, the lot must have access rights to the subject highway
or road. The minimum distance for frontage on a road shall be:
D.
Setbacks. The minimum front setback shall be 25 feet and the minimum
side or back setback shall be 15 feet.
E.
Structure and building height. Structure height is restricted to
achieve several purposes. The Town is economically dependent upon
tourism and attracts visitors with its rural character and mountainous
setting. Maintaining the traditional scale and style of structures
aids in preserving the character of the Town. Peaked roofs are encouraged
because it is the traditional roof style in the Town. (Care has been
taken to prepare language which does not unduly encourage the use
of flat-roof buildings.) The height restriction keeps structures and
buildings below treetop level, which is typically from 60 feet to
100 feet for mature maple, beech, birch and pine trees. Structure
height below treetop level helps maintain the rural atmosphere and
preserve the viewsheds throughout the Town. In addition, the height
limit minimizes difficulty in providing fire protection. The following
shall apply throughout the Town:
(1)
Structure height shall not exceed 55 feet for any structure, except wind energy systems permitted in accordance with Chapter 179 of the Conway Code.
[Amended 4-11-2017 ATM by Art. 2]
(2)
Building height shall not exceed 45 feet.
(3)
Church steeples may be allowed to exceed 55 feet in height by special
exception on application to the Zoning Board of Adjustment as approved
after a hearing with appropriate conditions imposed thereon, provided
that:
F.
Signs.
[Amended 4-14-2015 ATM
by Arts. 2 and 4; 4-12-2016 ATM
by Arts. 2 and 4; 4-11-2017 ATM
by Art. 2; 4-10-2018 ATM by Art.
3]
(1)
Sign setbacks. Signs shall be set back a minimum of five feet from
a platted right-of-way, and signs shall be set back a minimum of 15
feet from all other property boundaries.
(2)
Each lot in the district shall be entitled to 12 square feet of commercial
or nonresidential sign message area.
(3)
Maximum sign height shall be eight feet.
(4)
In addition to the above signage provisions, every lot shall be entitled
to one sign not exceeding one square foot in surface area placed in
any of the following locations:
(5)
Sign content. The Town has no intention of restricting individual
free speech, but the Town does recognize its right to place reasonable
restrictions upon commercial speech. Further, the Town wishes to prevent
excessive or unnecessary signage along road corridors. In keeping
with this reasoning, off-site commercial signs shall be prohibited.
(6)
Signs in platted ROW. Except as otherwise permitted below, no signs
shall be permitted within any platted right-of-way:
(7)
Temporary event signage. In addition to signage otherwise permitted
herein, temporary events may display up to 20 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(8)
Special event signage. In addition to signage otherwise permitted
herein, special events may display up to 40 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(9)
Permit required for all nonresidential signs exceeding six square
feet in message area.
(a)
Sign application process. Any action requiring a sign permit
shall be permitted only upon the application to, and approval of,
the Zoning Officer. Applications shall use the following process:
[1]
An application form for each sign shall be completed and signed
by the owner of the property.
[2]
A complete application shall also include the following:
[a]
Fee as set from time to time by the Board of Selectmen;
[b]
Written description of the proposed type, size,
height, setback, sign and supporting structure materials, and illumination
of the sign;
[c]
Statement specifically addressing compliance with
off-site commercial sign restrictions; and
[d]
Analysis regarding impact of safety, specifically
addressing lighting/glare and line-of-sight blockage for vehicles
and pedestrians.
[3]
Upon receipt of a complete application, the Zoning Officer shall
have up to 14 days to either approve or deny the application.
[4]
If the application is denied, the Zoning Officer shall issue
a written decision stating the reason(s) for denial.
[5]
If the application is approved, the Zoning Officer shall issue
an approval for the erection of a sign. The sign permit is valid for
one year from date of approval. If the sign is not erected within
one year, the permit shall expire.
(10)
Design standards. The following design standards shall be required
to ensure compliance with the intent of these regulations:
(a)
Illumination. Signs shall not be illuminated from within; signs
may be illuminated only by external light. Lighting shall be affixed
to and, for dimensional purposes, considered part of the sign structure.
Lighting shall be located, directed and/or shielded such that it only
sheds light downward and is limited to the message display area. The
lighting sources shall be of white light and be energy-efficient fixtures
when possible. Fixtures shall be located, directed and/or shielded
such that no direct light emissions are visible at any point along
the property boundary, nor shall they be distracting to vehicular
traffic.
(b)
Neon. Neon lighting shall be prohibited.
(c)
Motion. Moving signs, or signs which give the appearance of
motion, shall be prohibited.
(d)
Flashing/blinking. Flashing, blinking, alternating-type or digital-type
lighting, such as a digital message board, shall be prohibited.
(e)
Structural supports and base. The support and base structure
of a sign shall not exceed 50% of the maximum permitted message area
of the sign. Such supports and base shall be measured on the single
side or face having the greatest surface area. If the sign structural
supports and base are made of wood, brick and/or stone, with only
incidental use of other materials, the structure/base size limit shall
be increased to 100% of the maximum permitted message area of the
sign. The top of the supporting structure of a freestanding sign shall
extend no farther above the top of the message area than 1/3 of the
maximum permitted height of the message area.
(f)
No sign shall project over a street or sidewalk, except for
projecting signs as permitted herein.
(g)
No sign shall be placed in such a position as to endanger vehicular
or pedestrian traffic by obstructing a clear view, by causing confusion
with government signs and signals, or by any other means.
(11)
Movable signs. Movable signs shall be prohibited. No vehicle,
including parts thereof, trailers, and other accessories, shall be
used as a means of circumventing the purpose and intent of this chapter.
A vehicle displaying a commercial message which is licensed, registered
and inspected shall be exempt from these sign regulations if it is
regularly and customarily used to transport persons or property for
the business.
(12)
Flags, banners, pennants, etc.
(a)
In addition to the signs otherwise permitted by this chapter,
there may be displayed, on any lot, up to three flags displaying any
otherwise legal symbol, message or information, commercial or noncommercial;
except that off-site commercial flags shall be restricted as set forth
in this chapter. No such flag shall exceed 24 square feet measured
by one face of the flag only. Any such flag shall be mounted directly
to one flagpole. A "flagpole" is a pole intended and placed solely
for the support and display of a flag or flags, and does not include
utility poles, light poles, trees or other sign structures. All flagpoles
shall be erected vertically or within 45° of the vertical. No
portion of any flagpole shall be sited within 10 feet of a property
line. No flagpole shall extend more than 35 feet in height above grade
or, if mounted on a building, 55 feet above the average finished grade
of the building.
(b)
Banners, feather flags, pennants, searchlights, twirling signs,
balloons or other gas-filled figures, and other such materials shall
be prohibited, except as specified herein.
(c)
This subsection shall not be construed to prevent any sign otherwise
permitted by this chapter, and which conforms to all sign requirements
of this chapter, from taking the form of a flag or other fabric. Banners
may be used to cover part or all of an existing freestanding, projecting
or wall sign to advertise temporary events. The net effect of this
activity shall not increase the message area of any permitted sign
or signs.
(13)
Maintenance. All surfaces and supporting structures of signs,
whether erected prior to the effective date of this chapter or not,
shall be maintained in a safe and sightly condition to the satisfaction
of the Board of Selectmen or its authorized agent. A permit is required
for any maintenance except the following: repainting; other surface
renewal; or change of message on the same surface.
G.
Restrictions regarding home occupations. A home occupation is considered
accessory to a residential use and shall not occupy an area greater
than 50% of the total floor area of the residential unit or 1,500
square feet, whichever is less. Home occupations are subject to the
following provisions and restrictions:
(1)
The home occupation shall be carried on by persons who live in the
principal residential unit full time. Two employees living off-premises
are permitted.
(2)
The home occupation shall be carried on within the principal residential
unit or an approved accessory structure.
(3)
Exterior storage of commercial vehicles, equipment or materials or
variation from the residential character of the principal residential
unit shall not be permitted.
(4)
The home occupation shall create no unreasonable noise, vibration,
smoke, dust, electrical disturbance, odors, heat, glare or other nuisance
or threat to the health of the abutters.
(5)
Adequate off-street parking shall be provided.
(6)
A home occupation shall not generate excessive traffic or traffic
in greater volumes than would normally be expected in a residential
neighborhood.
(7)
A home occupation may display a sign conforming to Subsection F(10)(l)
above.
[Amended 4-11-2017 ATM by Art. 2]
(8)
A change-of-use permit to operate a home occupation is required before
startup of operation.
(9)
Retail or wholesale sales are only permitted for those items raised
or made on the premises.
(10)
A home occupation shall not be offensive to the character of
the neighborhood or decrease abutting property values.
H.
Yard sales. Yard sales shall be permitted, provided that no one household
holds sales on more than six days per calendar year.
[Amended 4-11-2017 ATM by Art. 2]
I.
Mobile homes, travel trailers and recreational vehicles.
(1)
A mobile home, travel trailer or recreational vehicle may be permitted
on the site of a construction project for one year, provided that
it is a necessary convenience for the construction project and that
no public safety or health hazards shall be created.
(2)
One travel trailer or recreational vehicle may be stored on a lot,
provided that it is accessory to a permitted residential use on the
subject property and not utilized for dwelling purposes. Travel trailers
and recreational vehicles shall not be stored on vacant lots.
[Amended 4-12-2016 ATM by Art. 3]
(3)
All mobile homes permitted under this subsection must be connected
to a sewerage system and water source, both meeting minimum local
and State of New Hampshire standards, as applicable and then promulgated;
such systems shall be approved by the Selectmen or their designated
agent and be maintained so as not to cause a health or sanitation
hazard.
J.
Special exceptions. The following land uses shall be allowed if granted
a special exception by the Zoning Board of Adjustment:
(1)
Private educational facilities. A special exception may be granted
to permit private educational facilities, with or without accessory
uses, provided that:
(a)
Traffic access to and from the facility will not alter the character
of the abutting residential neighborhood;
(b)
The development is architecturally compatible with the height,
scale, color and detail of the surrounding residential neighborhood;
and
(c)
The proposed facility will not adversely affect abutting properties
by reason of undue light, noise, density of use, or other nuisance.
(2)
Day-care centers. A special exception may be granted to home-based
day-care centers serving seven people to 15 people and other non-home-based
centers, regardless of the number of people served, provided that:
(a)
Traffic access to and from the development will not alter the
character of the abutting residential neighborhood;
(b)
The development is architecturally compatible with the height,
scale, color and detail of the surrounding residential neighborhood;
(c)
Site plan approval or a site plan exemption is granted by the
Planning Board; and
(d)
The size of the lot is appropriate to provide green space and
play areas.
(3)
Post offices. A special exception may be granted to permit a publicly
or privately owned post office, provided that:
(a)
Traffic access to and from the site will not alter the character
of the abutting residential neighborhood;
(b)
The post office is architecturally compatible with the surrounding
residential district;
(c)
The proposed facility will not adversely affect abutting properties
by reason of undue light, noise, density of use or decreased property
values;
(d)
No portion of the building may be used for any purpose other
than a post office;
(e)
At such time as the facility ceases to be used as a post office,
the building and improvements shall either be razed or converted to
a use allowed in the district; and
(f)
The minimum dimensional lot requirements (lot size, setbacks,
frontage, etc.) may be increased by either the Zoning Board of Adjustment
or the Planning Board if it is found that the aforementioned criteria
cannot be met using minimum dimensional requirements.
(4)
Helicopters. A special exception may be granted for helicopter operations
for construction and survey work, where no other practical method
is available to do the work, and for special events such as the visit
of a dignitary, recreational events such as ski, tennis, equine or
golf events, or some other events of a short-term nature. No approval
for a special exception shall be granted unless the ZBA makes a finding
that the helicopter use will not constitute a nuisance or hazard to
Town residents and their property.
The CCVC District is primarily designed to accommodate a compatible mixture of uses that complement commercial and residential uses typically associated with village centers. This district is not serviced by municipal water and sewer and is, generally, not yet appropriate for development at densities higher than one unit per acre. Uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
The Center
Conway Village Commercial District shall have the same permitted uses
and limitations otherwise provided in the Village Commercial District
under this chapter,[1] except the additional following limitations shall apply:
(1)
Mobile
homes shall be prohibited;
(2)
Mobile
home parks shall be prohibited;
(3)
Retail
use in excess of 3,000 square feet shall be prohibited;
(4)
Wholesale and light industry shall be prohibited except as provided in regulations regarding home occupations in § 190-14G;
(5)
Any
size underground or above-ground on-site storage tanks for classified
or hazardous materials are prohibited. This does not include storage
tanks used for heating fuel for commercial or domestic use or an approved
use; and
(6)
Garage
and filling stations shall be prohibited.
B.
District boundaries.
(1)
The
CCVC District shall have the following bounds (Map and Parcel numbers
refer to 2003 Town of Conway Tax Maps):
Commencing at the point on the southern boundary of Map 219,
Parcel 211 (former Maine Central Railroad ROW) at the northwest corner
of Map 259, Parcel 19; thence southerly along the western boundary
of Map 259, Parcel 19 to the northeast corner of Map 259, Parcel 14;
thence southwesterly along the eastern boundary of Map 259, Parcel
14 to the center line of Route 302; thence westerly along the center
line of Route 302 to a point adjacent to the northeast corner of Map
260, Parcel 40;
thence southerly in a straight line through the northeast corner
of Map 260, Parcel 40 and along the eastern boundary of Map 260, Parcels
40 and 45 to a distance of 1,200 feet from the center line of Route
302; thence westerly, maintaining the distance of 1,200 feet from
the center line of Route 302, to the eastern boundary of Map 260,
Parcel 58;
thence northerly along the eastern boundary of Map 260, Parcel
58 to the southeast corner of Map 260, Parcel 54; thence westerly
to the southwest corner of Map 260, Parcel 54; thence northerly along
the western boundary of Map 260, Parcel 54 to the northwest corner
of Map 260, Parcel 54; thence north to the center line of Route 302;
thence easterly along the center line of Route 302 to a point
adjacent to the southwest corner of Map 260, Parcel 78; thence northerly
through the southwest corner of Map 260, Parcel 78 and along the western
boundary of Map 260, Parcels 78 and 79 to the southern boundary of
Map 219, Parcel 211 (former Maine Central Railroad ROW); and thence
easterly along the southern boundary of Map 219, Parcel 211 (former
Maine Central Railroad ROW) to the point of commencement.
(2)
District map. The CCVC District Map is included as an attachment to this chapter.
C.
Lot size and density.
(1)
Lots serviced by a municipal water system and municipal sewerage
system shall have at least 1/2 acre for the first unit that may be
located thereon and at least 10,000 square feet for each additional
unit on the same lot.
(2)
Lots serviced by a municipal water system shall have at least 1/2
acre for each unit that may be located thereon.
(3)
The minimum lot size for keeping domestic farm animals shall be one
acre.
(4)
All other lots shall have at least one acre for each unit that may
be located thereon.
(5)
Special exceptions.
(a)
In order to preserve and safeguard Conway's older homes, but
also allow for their conversion to multifamily dwellings, the Zoning
Board of Adjustment may grant special exceptions for residential structures
and accessory structures on the same lot, provided that:
[Amended 4-10-2018 ATM by Art. 2; 4-9-2019 ATM by Art. 4]
[1]
Substantially all of the structure was constructed prior to
1930.
[2]
The total number of dwelling units on the site does not exceed
four.
[Amended 5-12-2020 ATM by Art. 4]
[3]
No less than 5,000 square feet of land area must be provided
on the parcel for each unit that exists or is to be constructed thereon.
[4]
No significant changes to the exterior lines of the building
or exterior architectural detail are made which would diminish the
historical appearance of the structure.
[5]
Adequate area is available for parking outside the setback and
buffer areas.
[6]
Accessory structures must have at least 300 square feet of occupiable
space per unit suitable for conversion to a dwelling unit.
[Amended 5-12-2020 ATM by Art. 4[2]
[2]
Editor's Note: This article also repealed former Subsection
C(5)(a)[6], requiring an approved sewerage disposal system, and [7],
requiring submission of architectural design plans and a to-scale
sketch, and renumbered former Subsection C(5)(a)[8] as Subsection
C(5)(a)[6].
[7]
All of the dwelling units shall be used for long-term residency;
short-term transient occupancies of less than 30 consecutive days
of any dwelling unit is prohibited.
[Added 5-12-2020 ATM
by Art. 4]
[8]
Scaled floor plans and a scaled site drawing must be submitted
to the Zoning Board of Adjustment at the time of application to ensure
compliance with the requirements for this special exception.
[Added 5-12-2020 ATM
by Art. 4]
(b)
In order to help provide year-round rental housing, the Zoning
Board of Adjustment may grant a special exception for one accessory
dwelling unit as an accessory use to a single-family dwelling on any
size lot, subject to the following conditions:
[Amended 4-9-2019 ATM
by Art. 2]
[1]
The accessory dwelling unit is designed to ensure architectural
compatibility with the neighborhood.
[2]
Sufficient parking is located on site.
[4]
Both the primary single-family dwelling and the accessory dwelling
unit shall be used for long-term residency, and short-term transient
occupancy of either dwelling unit is prohibited.
(c)
The Zoning Board of Adjustment may grant a special exception
for up to eight dwelling units per acre in the Village Commercial
and Highway Commercial Districts under the following conditions:
[1]
Each structure must contain at least three dwelling units.
[2]
Not less than 25% of all dwelling units shall be designated
as full-time rental apartments. At the time of Planning Board approval,
the units designated as full-time rental apartments must be shown
on the plan with a condition that they are leased for no less than
20 years from the date of Planning Board approval by the developer,
and a deed restriction shall be recorded in the Registry of Deeds
as evidence of the same.
[3]
The subject property is serviced by precinct water and sewer
or the New Hampshire Department of Environmental Services shall have
issued a permit for construction of a sewerage and waste disposal
system.
[4]
Rental/Deed-restricted units shall be a maximum of 1,000 square
feet and a minimum of 300 square feet.
[5]
Architectural design plans must be submitted to the Zoning Board
of Adjustment at the time of application to ensure compliance with
the zoning regulations.
D.
Frontage. All lots must front on a state or Town highway with a Class
I, II, III, IV or V classification, a private road constructed to
Town standards as required by the Planning Board or a Class VI road
proposed to be improved as stipulated by the Planning Board. To qualify
as frontage, the lot must have access rights to the subject highway
or road. The minimum distance for frontage on a road shall be:
E.
Setbacks. The minimum front setback shall be 25 feet and the minimum
side or back setback shall be 10 feet.
F.
Structure and building height. Structure height is restricted to
achieve several purposes. The Town is economically dependent upon
tourism and attracts visitors with its rural character and mountainous
setting. Maintaining the traditional scale and style of structures
aids in preserving the character of the Town. Peaked roofs are encouraged
because it is the traditional roof style in the Town. (Care has been
taken to prepare language which does not unduly encourage the use
of flat-roof buildings.) The height restriction keeps structures and
buildings below treetop level, which is typically from 60 feet to
100 feet for mature maple, beech, birch and pine trees. Structure
height below treetop level helps maintain the rural atmosphere and
preserve the viewsheds throughout the Town. In addition, the height
limit minimizes difficulty in providing fire protection. The following
shall apply throughout the Town:
(1)
Structure height shall not exceed 40 feet for any structure, except wind energy systems permitted in accordance with Chapter 179 of the Conway Code.
[Amended 4-11-2017 ATM by Art. 2; 4-12-2022 ATM by Art. 2]
(2)
Building height shall not exceed 30 feet.
[Amended 4-12-2022 ATM by Art. 2]
(3)
Church steeples may be allowed to exceed 55 feet in height by special
exception on application to the Zoning Board of Adjustment as approved
after a hearing with appropriate conditions imposed thereon, provided
that:
G.
Signs.
[Amended 4-14-2015 ATM
by Arts. 2, 3 and 4; 4-12-2016 ATM by Arts. 2 and 4; 4-11-2017 ATM by Art. 2; 4-10-2018 ATM
by Art. 3]
(1)
Sign content. The Town has no intention of restricting individual
free speech, but the Town does recognize its right to place reasonable
restrictions upon commercial speech. Further, the Town wishes to prevent
excessive or unnecessary signage along road corridors. In keeping
with this reasoning, off-site commercial signs shall be prohibited.
(2)
Freestanding sign. There shall be no more than one freestanding sign
per lot, except that where a lot fronts on two or more public rights-of-way
and has two entrances at least 500 feet apart, two freestanding signs
shall be permitted.
(a)
The size of the message area shall not exceed 40 square feet.
(b)
The height of the message area shall not exceed 15 feet above
the undisturbed ground.
(c)
The width of the message area shall not exceed 12 feet.
(d)
Setbacks.
[1]
The minimum setback shall be 25 feet from a platted right-of-way
and five feet from all other property boundaries.
[2]
Freestanding sign setbacks may be reduced to 10 feet from a
platted right-of-way if the size of the message area is reduced to
30 square feet maximum. All of the dimensional requirements, except
the size of the message area and the minimum front setback, shall
be required of these signs.
(e)
Projecting signs, including sign structure, not to exceed six
square feet in the Village Commercial District, are permitted in lieu
of a freestanding sign. The sign shall be at least 10 feet above the
ground; the top of the sign shall be no more than 15 feet above the
ground.
(f)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[1]
For two or more businesses located in a single building or within
attached buildings and where the businesses share a common pedestrian
entrance, an additional freestanding sign may be permitted for use
as a directory sign, provided that the following conditions are met:
[a]
The sign shall be used only to identify and locate
businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The height of the message area shall not exceed
20 feet above the undisturbed ground;
[d]
The sign shall meet all setbacks; and
[e]
The additional wall sign permitted by special exception under Subsection G(3)(c)[2] is not used.
[2]
Where existing buildings are set back from the right-of-way less than the setback required for freestanding signs in Subsection G(2), the right-of-way setback of the freestanding sign may be reduced from 25 feet to any lesser amount down to five feet, provided that the following conditions are met:
[a]
The message area shall be reduced to not more than
20 square feet;
[b]
The sign shall not obstruct vehicular or pedestrian
traffic;
[c]
The sign shall not obstruct the line-of-sight for
traffic entering or exiting the site; and
[d]
The sign shall not unduly obstruct the visibility
of other signs or property in the area.
(g)
One appendage may be attached to a freestanding or projecting
sign, and the message area of this appendage shall be considered part
of the total message area of the sign. No appendage shall be permitted
on supports or directional signs.
(3)
Wall sign. For lots without multiple commercial tenants, each lot
shall be permitted one wall sign. For lots with multiple commercial
tenants, each commercial tenant shall be permitted one wall sign.
All wall signs shall be located on a wall which is common to both
the interior and exterior of the business identified by the sign.
The height of the message area shall not exceed the greater of 20
feet from the undisturbed ground or a height equal to 75% of the total
height of the building, nor shall it exceed the height of the wall
to which it is attached. The message area of the wall sign shall be
based on the following formulas, subject to increase by bonus granted
per Subsection F(12)(c).
(a)
For floor areas up to and including 50,000 square feet, the
maximum message area shall be calculated as follows: 20 + (total square
feet floor area X 0.0016).
(b)
If the floor area of the business is greater than 50,000 square
feet, the maximum wall sign message area shall be 100 square feet.
A business with a floor area greater than 50,000 square feet shall
be permitted one additional wall sign if it has two or more exterior
public or customer entrances, excluding emergency entrances, that
are at least 20 feet apart. The message area of the second wall sign
shall not exceed 20 square feet.
(c)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[1]
For a major business in a shopping center or mall that does
not have wall frontage facing its primary parking lot, one additional
wall sign may be permitted, provided that the following conditions
are met:
[2]
For two or more businesses located in a single building or within
attached buildings and where the businesses share a common pedestrian
entrance, an additional wall sign may be permitted, subject to the
following:
[a]
The sign shall be used only to identify and locate
the businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The sign shall be located immediately adjacent
to the common entrance; and
[d]
The additional freestanding sign permitted by special exception under Subsection G(2)(f)[1] is not used.
(4)
Signs in platted ROW. Except as otherwise permitted below, no signs
shall be permitted within any platted right-of-way:
(5)
Temporary event signage. In addition to signage otherwise permitted
herein, temporary events may display up to 20 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(6)
Special event signage. In addition to signage otherwise permitted
herein, special events may display up to 40 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(7)
Signs exempt from property line setbacks and no permit required:
(a)
Signs with a message area of one square foot or less which bear
only property numbers, post office numbers, names of occupants of
the premises, other noncommercial identification, or with one of the
following messages: "open"; "closed"; "vacancy"; or "no vacancy."
(b)
Directional signs with a message area of four square feet or
less, to indicate entrance and/or exit driveways.
(c)
Business name and directional signs with a message area of three
square feet or less which are located over doorways. Such signs may
project from the wall surface.
(d)
One portable A-frame sign per lot of record is permitted in
the district. It may be displayed during business hours only, it shall
have a message area of six square feet or less, no illumination of
the sign is permitted, and no appendages to the sign are permitted.
(e)
Window signs with a sign area that does not exceed 50% of the
window area are permitted. Window signage that exceeds 50% of the
window area is prohibited.
(f)
Non-illuminated sign advertising the sale or lease of the premises
upon which the sign is located, with a message area of 16 square feet
or less.
[Amended 5-12-2020 ATM by Art. 5]
(g)
Special promotional signs for special events as approved by
the Board of Selectmen with a message area of 40 square feet or less.
(i)
A home occupation may display a non-illuminated outdoor sign
not exceeding three square feet in size.
(8)
Signs subject to property line setbacks and no permit required:
(9)
Permit required for all other signs.
(a)
Sign application process. Any action requiring a sign permit
shall be permitted only upon the application to and approval of the
Zoning Officer. Applications shall use the following process:
[1]
An application form for each sign shall be completed and signed
by the owner of the property.
[2]
A complete application shall also include the following:
[a]
Fee as set from time to time by the Board of Selectmen;
[b]
Written description of the proposed type, size,
height, setback, sign and supporting structure materials, and illumination
of the sign;
[c]
Statement specifically addressing compliance with
off-site commercial sign restrictions; and
[d]
Analysis regarding impact of safety, specifically
addressing lighting/glare and line-of-sight blockage for vehicles
and pedestrians.
[3]
Upon receipt of a complete application, the Zoning Officer shall
have up to 14 days to either approve or deny the application.
[4]
If the application is denied, the Zoning Officer shall issue
a written decision stating the reason(s) for denial.
[5]
If the application is approved, the Zoning Officer shall issue
an approval for the erection of a sign. The sign permit is valid for
one year from date of approval. If the sign is not erected within
one year, the permit shall expire.
(10)
Design standards. The following design standards shall be required
to ensure compliance with the intent of these regulations:
(a)
Illumination. Signs shall not be illuminated from within; signs
may be illuminated only by external light. Lighting shall be affixed
to and, for dimensional purposes, considered part of the sign structure.
Lighting shall be located, directed and/or shielded such that it only
sheds light downward and is limited to the message display area. The
lighting sources shall be of white light and be energy-efficient fixtures
when possible. Fixtures shall be located, directed and/or shielded
such that no direct light emissions are visible at any point along
the property boundary, nor shall they be distracting to vehicular
traffic.
(b)
Neon. Neon lighting shall be prohibited.
(c)
Motion. Moving signs, or signs which give the appearance of
motion, shall be prohibited.
(d)
Flashing/blinking. Flashing, blinking, alternating-type or digital-type
lighting such as a digital message board shall be prohibited.
(e)
Structural supports and base. The support and base structure
of a sign shall not exceed 50% of the maximum permitted message area
of the sign. Such supports and base shall be measured on the single
side or face having the greatest surface area. If the sign structural
supports and base are made of wood, brick and/or stone, with only
incidental use of other materials, the structure/base size limit shall
be increased to 100% of the maximum permitted message area of the
sign. The top of the supporting structure of a freestanding sign shall
extend no farther above the top of the message area than 1/3 of the
maximum permitted height of the message area.
(f)
No sign shall project over a street or sidewalk, except for
projecting signs as permitted herein.
(g)
No sign shall be placed in such a position as to endanger vehicular
or pedestrian traffic by obstructing a clear view, by causing confusion
with government signs and signals, or by any other means.
(11)
Movable signs. Movable signs shall be prohibited. No vehicle,
including parts thereof, trailers, and other accessories, shall be
used as a means of circumventing the purpose and intent of this chapter.
A vehicle displaying a commercial message which is licensed, registered
and inspected shall be exempt from these sign regulations if it is
regularly and customarily used to transport persons or property for
the business.
(12)
Flags, banners, pennants, etc.
(a)
In addition to the signs otherwise permitted by this chapter,
there may be displayed, on any lot, up to three flags displaying any
otherwise legal symbol, message or information, commercial or noncommercial;
except that off-site commercial flags shall be restricted as set forth
in this chapter. No such flag shall exceed 24 square feet measured
by one face of the flag only. Any such flag shall be mounted directly
to one flagpole. A "flagpole" is a pole intended and placed solely
for the support and display of a flag or flags, and does not include
utility poles, light poles, trees or other sign structures. All flagpoles
shall be erected vertically, or within 45° of the vertical. No
portion of any flagpole shall be sited within 10 feet of a property
line. No flagpole shall extend more than 35 feet in height above grade
or, if mounted on a building, 55 feet above the average finished grade
of the building.
(b)
Banners, feather flags, pennants, searchlights, twirling signs,
balloons or other gas-filled figures, and other such materials shall
be prohibited, except as specified herein.
(c)
This subsection shall not be construed to prevent any sign otherwise
permitted by this chapter, and which conforms to all sign requirements
of this chapter, from taking the form of a flag or other fabric. Banners
may be used to cover part or all of an existing freestanding, projecting
or wall sign to advertise temporary events. The net effect of this
activity shall not increase the message area of any permitted sign
or signs.
(13)
Maintenance. All surfaces and supporting structures of signs,
whether erected prior to the effective date of this chapter or not,
shall be maintained in a safe and sightly condition to the satisfaction
of the Board of Selectmen or its authorized agent. A permit is required
for any maintenance except the following: repainting; other surface
renewal; or change of message on the same surface.
(14)
Sign incentives. The purpose of these sign incentives is to
reduce visual clutter and distraction from the natural environment
caused by signs. This system offers design and size bonuses as a means
of encouraging certain site and sign designs.
(a)
Any freestanding, projecting or wall sign which conforms to
all provisions of this chapter shall be permitted to utilize up to
20% of the maximum permitted message area for changeable copy.
(b)
A freestanding sign which conforms to all provisions of this
chapter shall be permitted to increase its message area by up to 20
square feet above that otherwise permitted under this chapter if the
lot has at least 300 feet but less than 500 feet of frontage on a
Class V or better road; or by up to 40 square feet above that otherwise
permitted under this chapter if the lot has 500 feet or more of frontage
on a Class V or better road. In no case, however, shall such increases
cause any sign message area to exceed 80 square feet. The applicant
shall submit a satisfactory written declaration, to be recorded at
the Carroll County Registry of Deeds, in which the owner, its heirs,
successors and assigns agree that, if the frontage of the property
is subsequently reduced below that amount required for the bonus granted,
the sign shall be removed or replaced with a sign which fully conforms
with the provisions of this chapter; and that no subdivision of a
lot shall be permitted unless a freestanding sign erected under this
provision continues to conform to this provision; and such agreement
must be legally enforceable by the Town of Conway.
H.
Restrictions regarding home occupations. A home occupation is considered
accessory to a residential use and shall not occupy an area greater
than 50% of the total floor area of the residential unit or 1,500
square feet, whichever is less. Home occupations are subject to the
following provisions and restrictions:
(1)
The home occupation shall be carried on by persons who live in the
principal residential unit full time. Two employees living off-premises
are permitted.
(2)
The home occupation shall be carried on within the principal residential
unit or an approved accessory structure.
(3)
Exterior storage of commercial vehicles, equipment or materials or
variation from the residential character of the principal residential
unit shall not be permitted.
(4)
The home occupation shall create no unreasonable noise, vibration,
smoke, dust, electrical disturbance, odors, heat, glare or other nuisance
or threat to the health of the abutters.
(5)
Adequate off-street parking shall be provided.
(6)
A home occupation shall not generate excessive traffic or traffic
in greater volumes than would normally be expected in a residential
neighborhood.
(7)
A home occupation may display a sign conforming to Subsection G(7)(m)
above.
[Amended 4-11-2017 ATM by Art. 2]
(8)
A change-of-use permit to operate a home occupation is required before
startup of operation.
(9)
Retail or wholesale sales are only permitted for those items raised
or made on the premises.
(10)
A home occupation shall not be offensive to the character of
the neighborhood or decrease abutting property values.
I.
Farm and nursery stands. Farm and nursery stands for selling indigenous
produce or plants are considered temporary structures and are permitted,
provided that:
(2)
Three off-street parking spaces shall be required to be provided
for structures up to 100 square feet in size. Additional parking shall
be required at the rate of one space per 200 square feet over 100
square feet.
(3)
Wall signs shall not exceed 10 square feet in size. One portable
A-frame sign per lot, not to exceed six square feet, shall be allowed
to be displayed during business hours only.
(4)
All structures, parking areas and signs shall meet the setback requirements
established herein.
J.
Yard sales. Yard sales shall be permitted, provided that no one household
holds sales on more than six days per calendar year.
[Amended 4-11-2017 ATM by Art. 2]
K.
Travel trailers and recreational vehicles.
(1)
A travel trailer or recreational vehicle may be permitted on the
site of a construction project for one year, provided that it is a
necessary convenience for the construction project and that no public
safety or health hazards shall be created.
(2)
One travel trailer or recreational vehicle may be stored on a lot,
provided that it is accessory to a permitted residential use on the
subject property and not utilized for dwelling purposes. Travel trailers
and recreational vehicles shall not be stored on vacant lots.
[Amended 4-12-2016 ATM by Art. 3]
L.
Commercial amusements. Because the Town wishes to maintain a character
which protects the long-term, high-quality environment, which will
ultimately protect tourism in the valley, commercial amusements are
hereby regulated to prevent adverse impacts on the Town's character
and environment. All commercial amusements on a lot shall be located
within an enclosed building, and the following shall apply:
(1)
Commercial amusements may occupy 10% or less of the floor space of
a business in any business district, by permit of the Zoning Officer
and without site plan review by the Planning Board.
(2)
Commercial amusements may occupy more than 10% of the floor space
of a business in any business district, subject to the condition that
no noise, light or other adverse impact outside the building shall
be caused by the amusements or their use. Site plan review approval
by the Planning Board shall be required.[6]
M.
Outdoor commercial activities such as drive-up windows, remote outdoor
speaker systems, interactive signs, menu boards or other similar devices
with speakers, any of which operate in close proximity to residential
property, constitute a nuisance due to unconfined noise and light,
as well as operating hours that are not compatible with the residential
environment. Commercial activities that operate drive-up windows,
remote outdoor speakers, interactive signs, menu boards or other similar
devices with speakers that permit customers or the general public
to communicate with personnel within the commercial building or other
location on the commercial property shall be at least 300 feet from
the closer of the residential zone boundary or from the nearest residential
property line, and if the time of operation begins before 9:00 a.m.
or ends after 5:00 p.m. the separation distance shall be at least
600 feet. Substantial effective buffering against sound and light
shall be provided in either case. These setbacks may be waived by
the Planning Board during the site plan review process if the property
abuts the Floodplain Conservation District and it can be shown that
there will be no sound or light impact on residential use.
N.
Sexually oriented businesses.
(1)
Purpose and intent. It is the purpose of this subsection to establish
reasonable and uniform regulations to prevent the concentration of
sexually oriented businesses within the Town of Conway; and it is
the intent to promote the health, safety and general welfare of the
citizens of the Town of Conway; and it is the intent of this subsection
that the regulations be utilized to prevent problems of blight and
deterioration which accompany and are brought about by the concentration
of sexually oriented businesses; and the provisions of this subsection
have neither the purpose nor the effect of imposing limitations or
restrictions on the context of any communicative materials, including
sexually oriented materials; and it is not the intent nor effect of
this subsection to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market; and neither is it the intent nor the effect
of this subsection to condone or legitimize the distribution of obscene
material.
(2)
Restrictions. Sexually oriented businesses shall only be permitted
in the business districts. Sexually oriented businesses shall not
be permitted within 1,000 feet of a church or place of worship, parish
house or convent, a public, parochial or private school, a state-approved
day-care center, residence, any establishment in which minors constitute
more than 50% of the patrons, a public park, or recreation center
or another sexually oriented business.
(3)
Measurement of distance. The distance between any sexually oriented
business and other named point of reference shall be measured in a
straight line from the nearest part of the structure in which any
sexually oriented business is proposed or exists to the nearest property
boundary line of the lot containing any other named point of reference.
(4)
Site plan approval by the Conway Planning Board shall be a prerequisite
for the establishment of a sexually oriented business.[7] The Planning Board may impose reasonable restrictions
relative to buffers, outdoor lighting, signs, parking, egress and
ingress, pedestrian movement, landscaping, building aesthetics and
measures to ensure that displays of merchandise conform with RSA Ch.
571-B.
(5)
Violation of the provisions of this subsection is declared to be
a public nuisance, which shall be abated by the Town of Conway by
way of civil abatement procedures.
(6)
Nothing in this subsection is intended to authorize, legalize or
permit the establishment, operation or maintenance of any business,
building or use which violates any Town of Conway ordinance or statute
of the State of New Hampshire regarding public nuisance, sexual conduct,
lewdness, or obscene or harmful matter or the exhibition or public
display thereof.
O.
Special exceptions. The following land use shall be allowed if granted
a special exception by the Zoning Board of Adjustment:
(1)
Helicopters. A special exception may be granted for helicopter operations
for construction and survey work, where no other practical method
is available to do the work, and for special events such as the visit
of a dignitary, recreational events such as ski, tennis, equine or
golf events, or some other events of a short-term nature. No approval
for a special exception shall be granted unless the ZBA makes a finding
that the helicopter use will not constitute a nuisance or hazard to
Town residents and their property.
The CVC District is primarily designed to accommodate a compatible mixture of uses that complement commercial and residential uses typically associated with village centers. This district is serviced by municipal water and sewer and can accommodate development at higher densities. Uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries.
(1)
The
CVC District shall have the following bounds (Map and Parcel numbers
refer to 2003 Town of Conway Tax Maps):
Commencing at a point on the southern shore of the Saco River
being the northeast corner of Map 265, Parcel 165; thence southerly
along the eastern boundary of Map 265, Parcels 165, 170 and 171 to
the northern boundary of Map 265, Parcel 173; thence easterly to the
northeast corner of Map 265, Parcel 173; thence southerly along the
eastern boundary of Map 265, Parcel 173 and continuing in a straight
line to the center line of Route 113 (East Main Street); thence westerly
along the center line of Route 113 (East Main Street) to the intersection
of the center line of Wilder Street;
thence southerly along the center line of Wilder Street to the
intersection of the center line of Greenwood Avenue; thence westerly
along the center line of Greenwood Avenue to the intersection of the
center line of Route 153 (Pleasant Street); thence southerly along
the center line of Route 153 (Pleasant Street) to a point adjacent
to the northeast corner of Map 276, Parcel 273; thence through the
southeast corner of Map 276, Parcel 277 and continuing easterly and
southerly along the southern boundary of Map 276, Parcel 277 to the
eastern shore of Page Randall Brook;
thence northerly along the eastern shore of Page Randall Brook
to the southern boundary of the Route 16 (Main Street) ROW; thence
westerly along the southern boundary of the Route 16 (Main Street)
ROW to the northeast corner of Map 276, Parcel 280 on the northern
shore of Pequawket Pond; thence southwesterly along the shore of Pequawket
Pond to the southwest corner of Map 277, Parcel 135; thence northwesterly
along the western boundary of Map 277, Parcel 135 to the southern
boundary of the West Main Street ROW; thence southwesterly along the
southern boundary of the West Main Street ROW to the intersection
of the center line of Hobbs Street;
thence southerly along the center line of Hobbs Street to a
point adjacent to the southeast corner of Map 277, Parcel 189; thence
westerly through the southeast corner of Map 277, Parcel 189 along
the southern boundary of Map 277, Parcels 189 and 190 to the southwest
corner of Map 277, Parcel 190; thence northerly along the western
boundary of Map 277, Parcel 190 to the southern boundary of the West
Main Street ROW; thence southwesterly along the southern boundary
of the West Main Street ROW to the northeast corner of Map 277, Parcel
192; thence southerly along the eastern boundary of Map 277, Parcel
192 to a point 400 feet from the center line of West Main Street;
thence westerly maintaining a four-hundred-foot distance from the
center line of West Main Street to the shore of Pequawket Pond;
thence westerly along the shore of Pequawket Pond to the southwest
corner of Map 277, Parcel 211; thence northwesterly along the western
boundary of Map 277, Parcel 211 and continuing in a straight line
to the center line of the Conway Scenic Railroad; thence easterly
along the center line of the Conway Scenic Railroad to a point 400
feet north of the center line of the Route 16 (Main Street) ROW; thence
easterly maintaining a four-hundred-foot distance from the center
line of the Route 16 (Main Street) ROW to the eastern boundary of
Map 265, Parcel 45; thence southerly along the eastern boundary of
Map 265, Parcel 45 to the northwest corner of Map 265, Parcel 47;
thence easterly along the northern boundary of Map 265, Parcels 47
and 50 and continuing in a straight line to the center line of Washington
Street;
thence northerly along the center line of Washington Street
to a point adjacent to the northwest corner of Map 265, Parcel 135;
thence in a straight line through the northwest corner of Map 265,
Parcel 135 and along the northern boundary of Map 265, Parcel 135
to the western boundary of Map 265, Parcel 146; thence northerly to
the northwest corner of Map 265, Parcel 146; thence easterly along
the northern boundary of Map 265, Parcel 146 to the southern shore
of the Saco River, and thence along the southern shore of the Saco
River to the point of commencement.
(2)
District map. The CVC District Map is included as an attachment to this chapter.
B.
Lot size and density.
(1)
Lots serviced by a municipal water system and municipal sewerage
system shall have at least 1/2 acre for the first unit that may be
located thereon and at least 10,000 square feet for each additional
unit on the same lot.
(2)
Lots serviced by a municipal water system shall have at least 1/2
acre for each unit that may be located thereon.
(3)
The minimum lot size for keeping domestic farm animals shall be one
acre.
(4)
All other lots shall have at least one acre for each unit that may
be located thereon.
(5)
Special exceptions.
(a)
In order to preserve and safeguard Conway's older homes, but
also allow for their conversion to multifamily dwellings, the Zoning
Board of Adjustment may grant special exceptions for residential structures
and accessory structures on the same lot, provided that:
[Amended 4-10-2018 ATM
by Art. 2; 4-9-2019 ATM by Art.
5]
[1]
Substantially all of the structure was constructed prior to
1930.
[2]
The total number of dwelling units on the site does not exceed
four.
[Amended 5-12-2020 ATM by Art. 4]
[3]
No less than 5,000 square feet of land area must be provided
on the parcel for each unit that exists or is to be constructed thereon.
[4]
No significant changes to the exterior lines of the building
or exterior architectural detail are made which would diminish the
historical appearance of the structure.
[5]
Adequate area is available for parking outside the setback and
buffer areas.
[6]
Accessory structures must have at least 300 square feet of occupiable
space per unit suitable for conversion.
[Amended 5-12-2020 ATM by Art. 4[1]]
[1]
Editor's Note: This article also repealed former Subsection
B(5)(a)[6], requiring an approved sewerage disposal system, and [7],
requiring submission of architectural design plans and a to-scale
sketch, and renumbered former Subsection B(5)(a)[8] as Subsection
B(5)(a)[6].
[7]
All of the dwelling units shall be used for long-term residency;
short-term transient occupancies of less than 30 consecutive days
of any dwelling unit is prohibited.
[Added 5-12-2020 ATM
by Art. 4]
[8]
Scaled floor plans and a scaled site drawing must be submitted
to the Zoning Board of Adjustment at the time of application to ensure
compliance with the requirements for this special exception.
[Added 5-12-2020 ATM
by Art. 4]
(b)
In order to help provide year-round rental housing, the Zoning
Board of Adjustment may grant a special exception for one accessory
dwelling unit as an accessory use to a single-family dwelling on any
size lot, subject to the following conditions:
[Amended 4-9-2019 ATM
by Art. 2]
[1]
The accessory dwelling unit is designed to ensure architectural
compatibility with the neighborhood.
[2]
Sufficient parking is located on site.
[4]
Both the primary single-family dwelling and the accessory dwelling
unit shall be used for long-term residency, and short-term transient
occupancy of either dwelling unit is prohibited.
(c)
The Zoning Board of Adjustment may grant a special exception
for up to 12 dwelling units per acre in the Village Commercial and
Highway Commercial Districts under the following conditions:
[1]
That each structure must contain at least three dwelling units.
[2]
Not less than 25% of all dwelling units shall be designated
as full-time rental apartments. At the time of Planning Board approval,
the units designated as full-time rental apartments must be shown
on the plan with a condition that they are leased for 20 years from
the date of Planning Board approval by the developer, and a deed restriction
shall be recorded in the Registry of Deeds as evidence of the same.
[3]
All lots must be serviced by municipal water and sewerage.
[4]
Rental/Deed-restricted units shall be a maximum of 1,000 square
feet and a minimum of 300 square feet.
[5]
Architectural design plans must be submitted to the Zoning Board
of Adjustment at the time of application to ensure compliance with
the zoning regulations.
C.
Frontage. All lots must front on a state or Town highway with a Class
I, II, III, IV or V classification, a private road constructed to
Town standards as required by the Planning Board or a Class VI road
proposed to be improved as stipulated by the Planning Board. To qualify
as frontage, the lot must have access rights to the subject highway
or road. The minimum distance for frontage on a road shall be:
D.
Setbacks. The minimum front setback shall be 5 feet and the minimum
side or back setback shall be 10 feet.
E.
Structure and building height. Structure height is restricted to
achieve several purposes. The Town is economically dependent upon
tourism and attracts visitors with its rural character and mountainous
setting. Maintaining the traditional scale and style of structures
aids in preserving the character of the Town. Peaked roofs are encouraged
because it is the traditional roof style in the Town. (Care has been
taken to prepare language which does not unduly encourage the use
of flat-roof buildings.) The height restriction keeps structures and
buildings below treetop level, which is typically from 60 feet to
100 feet for mature maple, beech, birch and pine trees. Structure
height below treetop level helps maintain the rural atmosphere and
preserve the viewsheds throughout the Town. In addition, the height
limit minimizes difficulty in providing fire protection. The following
shall apply throughout the Town:
(1)
Structure height shall not exceed 40 feet for any structure, except wind energy systems permitted in accordance with Chapter 179 of the Conway Code.
[Amended 4-11-2017 ATM by Art. 2; 4-12-2022 ATM by Art. 3]
(2)
Building height shall not exceed 30 feet.
[Amended 4-12-2022 ATM by Art. 3]
(3)
Church steeples may be allowed to exceed 55 feet in height by special
exception on application to the Zoning Board of Adjustment as approved
after a hearing with appropriate conditions imposed thereon, provided
that:
F.
Signs.
[Amended 4-14-2015 ATM
by Arts. 2, 3 and 4; 4-12-2016 ATM by Arts. 2 and 4; 4-11-2017 ATM by Art. 2; 4-10-2018 ATM
by Art. 3]
(1)
Sign content. The Town has no intention of restricting individual
free speech, but the Town does recognize its right to place reasonable
restrictions upon commercial speech. Further, the Town wishes to prevent
excessive or unnecessary signage along road corridors. In keeping
with this reasoning, off-site commercial signs shall be prohibited.
(2)
Freestanding sign. There shall be no more than one freestanding sign
per lot, except that where a lot fronts on two or more public rights-of-way
and has two entrances at least 500 feet apart, two freestanding signs
shall be permitted.
(a)
The size of the message area shall not exceed 40 square feet.
(b)
The height of the message area shall not exceed 15 feet above
the undisturbed ground.
(c)
The width of the message area shall not exceed 12 feet.
(d)
Setbacks.
[1]
The minimum setback shall be 25 feet from a platted right-of-way
and five feet from all other property boundaries.
[2]
Freestanding sign setbacks may be reduced to 10 feet from a
platted right-of-way if the size of the message area is reduced to
30 square feet maximum. All of the dimensional requirements, except
the size of the message area and the minimum front setback, shall
be required of these signs.
(e)
Projecting signs, including sign structure, not to exceed six
square feet in the Village Commercial District, are permitted in lieu
of a freestanding sign. The sign shall be at least 10 feet above the
ground; the top of the sign shall be no more than 15 feet above the
ground.
(f)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[1]
For two or more businesses located in a single building or within
attached buildings and where the businesses share a common pedestrian
entrance, an additional freestanding sign may be permitted for use
as a directory sign, provided that the following conditions are met:
[a]
The sign shall be used only to identify and locate
businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The height of the message area shall not exceed
20 feet above the undisturbed ground;
[d]
The sign shall meet all setbacks; and
[e]
The additional wall sign permitted by special exception under Subsection F(3)(c)[2] is not used.
[2]
Where existing buildings are set back from the right-of-way less than the setback required for freestanding signs in Subsection F(1), the right-of-way setback of the freestanding sign may be reduced from 25 feet to any lesser amount down to five feet, provided that the following conditions are met:
[a]
The message area shall be reduced to not more than
20 square feet;
[b]
The sign shall not obstruct vehicular or pedestrian
traffic;
[c]
The sign shall not obstruct the line-of-sight for
traffic entering or exiting the site; and
[d]
The sign shall not unduly obstruct the visibility
of other signs or property in the area.
(g)
One appendage may be attached to a freestanding or projecting
sign, and the message area of this appendage shall be considered part
of the total message area of the sign. No appendage shall be permitted
on supports or directional signs.
(3)
Wall sign. For lots without multiple commercial tenants, each lot shall be permitted one wall sign. For lots with multiple commercial tenants, each commercial tenant shall be permitted one wall sign. All wall signs shall be located on a wall which is common to both the interior and exterior of the business identified by the sign. The height of the message area shall not exceed the greater of 20 feet from the undisturbed ground or a height equal to 75% of the total height of the building, nor shall it exceed the height of the wall to which it is attached. The message area of the wall sign shall be based on the following formulas, subject to increase by bonus granted per Subsection F(12)(c).
(a)
For floor areas up to and including 50,000 square feet, the
maximum message area shall be calculated as follows: 20 + (total square
feet floor area X 0.0016).
(b)
If the floor area of the business is greater than 50,000 square
feet, the maximum wall sign message area shall be 100 square feet.
A business with a floor area greater than 50,000 square feet shall
be permitted one additional wall sign if it has two or more exterior
public or customer entrances, excluding emergency entrances, that
are at least 20 feet apart. The message area of the second wall sign
shall not exceed 20 square feet.
(c)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[1]
For a major business in a shopping center or mall that does
not have wall frontage facing its primary parking lot, one additional
wall sign may be permitted, provided that the following conditions
are met:
[2]
For two or more businesses located in a single building or within
attached buildings and where the businesses share a common pedestrian
entrance, an additional wall sign may be permitted, subject to the
following:
[a]
The sign shall be used only to identify and locate
the businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The sign shall be located immediately adjacent
to the common entrance; and
[d]
The additional freestanding sign permitted by special exception under Subsection F(2)(f)[1] is not used.
(4)
Signs in platted ROW. Except as otherwise permitted below, no signs
shall be permitted within any platted right-of-way:
(5)
Temporary event signage. In addition to signage otherwise permitted
herein, temporary events may display up to 20 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(6)
Special event signage. In addition to signage otherwise permitted
herein, special events may display up to 40 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(7)
Signs exempt from property line setbacks and no permit required:
(a)
Signs with a message area of one square foot or less which bear
only property numbers, post office numbers, names of occupants of
the premises, other noncommercial identification, or with one of the
following messages: "open"; "closed"; "vacancy"; or "no vacancy."
(b)
Directional signs with a message area of four square feet or
less, to indicate entrance and/or exit driveways.
(c)
Business name and directional signs with a message area of three
square feet or less which are located over doorways. Such signs may
project from the wall surface.
(d)
One portable A-frame sign per lot of record is permitted in
the district. It may be displayed during business hours only, it shall
have a message area of six square feet or less, no illumination of
the sign is permitted, and no appendages to the sign are permitted.
(e)
Window signs with a sign area that does not exceed 50% of the
window area are permitted. Window signage that exceeds 50% of the
window area is prohibited.
(f)
Non-illuminated sign advertising the sale or lease of the premises
upon which the sign is located, with a message area of 16 square feet
or less.
[Amended 5-12-2020 ATM by Art. 5]
(g)
Special promotional signs for special events as approved by
the Board of Selectmen with a message area of 40 square feet or less.
(i)
A home occupation may display a non-illuminated outdoor sign
not exceeding three square feet in size.
(8)
Signs subject to property line setbacks and no permit required:
(9)
Permit required for all other signs.
(a)
Sign application process. Any action requiring a sign permit
shall be permitted only upon the application to and approval of the
Zoning Officer. Applications shall use the following process:
[1]
An application form for each sign shall be completed and signed
by the owner of the property.
[2]
A complete application shall also include the following:
[a]
Fee as set from time to time by the Board of Selectmen;
[b]
Written description of the proposed type, size,
height, setback, sign and supporting structure materials, and illumination
of the sign;
[c]
Statement specifically addressing compliance with
off-site commercial sign restrictions; and
[d]
Analysis regarding impact of safety, specifically
addressing lighting/glare and line-of-sight blockage for vehicles
and pedestrians.
[3]
Upon receipt of a complete application, the Zoning Officer shall
have up to 14 days to either approve or deny the application.
[4]
If the application is denied, the Zoning Officer shall issue
a written decision stating the reason(s) for denial.
[5]
If the application is approved, the Zoning Officer shall issue
an approval for the erection of a sign. The sign permit is valid for
one year from date of approval. If the sign is not erected within
one year, the permit shall expire.
(10)
Design standards. The following design standards shall be required
to ensure compliance with the intent of these regulations:
(a)
Illumination. Signs shall not be illuminated from within; signs
may be illuminated only by external light. Lighting shall be affixed
to and, for dimensional purposes, considered part of the sign structure.
Lighting shall be located, directed and/or shielded such that it only
sheds light downward and is limited to the message display area. The
lighting sources shall be of white light and be energy-efficient fixtures
when possible. Fixtures shall be located, directed and/or shielded
such that no direct light emissions are visible at any point along
the property boundary, nor shall they be distracting to vehicular
traffic.
(b)
Neon. Neon lighting shall be prohibited.
(c)
Motion. Moving signs, or signs which give the appearance of
motion, shall be prohibited.
(d)
Flashing/blinking. Flashing, blinking, alternating-type or digital-type
lighting such as a digital message board shall be prohibited.
(e)
Structural supports and base. The support and base structure
of a sign shall not exceed 50% of the maximum permitted message area
of the sign. Such supports and base shall be measured on the single
side or face having the greatest surface area. If the sign structural
supports and base are made of wood, brick and/or stone, with only
incidental use of other materials, the structure/base size limit shall
be increased to 100% of the maximum permitted message area of the
sign. The top of the supporting structure of a freestanding sign shall
extend no farther above the top of the message area than 1/3 of the
maximum permitted height of the message area.
(f)
No sign shall project over a street or sidewalk, except for
projecting signs as permitted herein.
(g)
No sign shall be placed in such a position as to endanger vehicular
or pedestrian traffic by obstructing a clear view, by causing confusion
with government signs and signals, or by any other means.
(11)
Movable signs. Movable signs shall be prohibited. No vehicle,
including parts thereof, trailers, and other accessories, shall be
used as a means of circumventing the purpose and intent of this chapter.
A vehicle displaying a commercial message which is licensed, registered
and inspected shall be exempt from these sign regulations if it is
regularly and customarily used to transport persons or property for
the business.
(12)
Flags, banners, pennants, etc.
(a)
In addition to the signs otherwise permitted by this chapter,
there may be displayed, on any lot, up to three flags displaying any
otherwise legal symbol, message or information, commercial or noncommercial;
except that off-site commercial flags shall be restricted as set forth
in this chapter. No such flag shall exceed 24 square feet measured
by one face of the flag only. Any such flag shall be mounted directly
to one flagpole. A "flagpole" is a pole intended and placed solely
for the support and display of a flag or flags, and does not include
utility poles, light poles, trees or other sign structures. All flagpoles
shall be erected vertically, or within 45° of the vertical. No
portion of any flagpole shall be sited within 10 feet of a property
line. No flagpole shall extend more than 35 feet in height above grade
or, if mounted on a building, 55 feet above the average finished grade
of the building.
(b)
Banners, feather flags, pennants, searchlights, twirling signs,
balloons or other gas-filled figures, and other such materials shall
be prohibited, except as specified herein.
(c)
This subsection shall not be construed to prevent any sign otherwise
permitted by this chapter, and which conforms to all sign requirements
of this chapter, from taking the form of a flag or other fabric. Banners
may be used to cover part or all of an existing freestanding, projecting
or wall sign to advertise temporary events. The net effect of this
activity shall not increase the message area of any permitted sign
or signs.
(13)
Maintenance. All surfaces and supporting structures of signs,
whether erected prior to the effective date of this chapter or not,
shall be maintained in a safe and sightly condition to the satisfaction
of the Board of Selectmen or its authorized agent. A permit is required
for any maintenance except the following: repainting; other surface
renewal; or change of message on the same surface.
(14)
Sign incentives. The purpose of these sign incentives is to
reduce visual clutter and distraction from the natural environment
caused by signs. This system offers design and size bonuses as a means
of encouraging certain site and sign designs.
(a)
Any freestanding, projecting or wall sign which conforms to
all provisions of this chapter shall be permitted to utilize up to
20% of the maximum permitted message area for changeable copy.
(b)
A freestanding sign which conforms to all provisions of this
chapter shall be permitted to increase its message area by up to 20
square feet above that otherwise permitted under this chapter if the
lot has at least 300 feet but less than 500 feet of frontage on a
Class V or better road; or by up to 40 square feet above that otherwise
permitted under this chapter if the lot has 500 feet or more of frontage
on a Class V or better road. In no case, however, shall such increases
cause any sign message area to exceed 80 square feet. The applicant
shall submit a satisfactory written declaration, to be recorded at
the Carroll County Registry of Deeds, in which the owner, its heirs,
successors and assigns agree that, if the frontage of the property
is subsequently reduced below that amount required for the bonus granted,
the sign shall be removed or replaced with a sign which fully conforms
with the provisions of this chapter; and that no subdivision of a
lot shall be permitted unless a freestanding sign erected under this
provision continues to conform to this provision; and such agreement
must be legally enforceable by the Town of Conway.
G.
Restrictions regarding home occupations. A home occupation is considered
accessory to a residential use and shall not occupy an area greater
than 50% of the total floor area of the residential unit or 1,500
square feet, whichever is less. Home occupations are subject to the
following provisions and restrictions:
(1)
The home occupation shall be carried on by persons who live in the
principal residential unit full time. Two employees living off-premises
are permitted.
(2)
The home occupation shall be carried on within the principal residential
unit or an approved accessory structure.
(3)
Exterior storage of commercial vehicles, equipment or materials or
variation from the residential character of the principal residential
unit shall not be permitted.
(4)
The home occupation shall create no unreasonable noise, vibration,
smoke, dust, electrical disturbance, odors, heat, glare or other nuisance
or threat to the health of the abutters.
(5)
Adequate off-street parking shall be provided.
(6)
A home occupation shall not generate excessive traffic or traffic
in greater volumes than would normally be expected in a residential
neighborhood.
(7)
A home occupation may display a sign conforming to Subsection F(7)(m)
above.
[Amended 4-11-2017 ATM by Art. 2]
(8)
A change-of-use permit to operate a home occupation is required before
startup of operation.
(9)
Retail or wholesale sales are only permitted for those items raised
or made on the premises.
(10)
A home occupation shall not be offensive to the character of
the neighborhood or decrease abutting property values.
H.
Farm and nursery stands. Farm and nursery stands for selling indigenous
produce or plants are considered temporary structures and are permitted,
provided that:
(2)
Three off-street parking spaces shall be required to be provided
for structures up to 100 square feet in size. Additional parking shall
be required at the rate of one space per 200 square feet over 100
square feet.
(3)
Wall signs shall not exceed 10 square feet in size. One portable
A-frame sign per lot, not to exceed six square feet, shall be allowed
to be displayed during business hours only.
(4)
All structures, parking areas and signs shall meet the setback requirements
established herein.
I.
Yard sales. Yard sales shall be permitted, provided that no one household
holds sales on more than six days per calendar year.[5]
[Amended 4-11-2017 ATM by Art. 2]
[5]
Editor's Note: Original Subsection 147.13.6.11, Travel trailers
and recreational vehicles, which immediately followed this subsection,
was repealed 4-11-2017 ATM by Art. 2.
J.
Commercial amusements. Because the Town wishes to maintain a character
which protects the long-term, high-quality environment, which will
ultimately protect tourism in the valley, commercial amusements are
hereby regulated to prevent adverse impacts on the Town's character
and environment. All commercial amusements on a lot shall be located
within an enclosed building, and the following shall apply:
(1)
Commercial amusements may occupy 10% or less of the floor space of
a business in any business district, by permit of the Zoning Officer
and without site plan review by the Planning Board.
(2)
Commercial amusements may occupy more than 10% of the floor space
of a business in any business district, subject to the condition that
no noise, light or other adverse impact outside the building shall
be caused by the amusements or their use. Site plan review approval
by the Planning Board shall be required.[6]
K.
Outdoor commercial activities such as drive-up windows, remote outdoor
speaker systems, interactive signs, menu boards or other similar devices
with speakers, any of which operate in close proximity to residential
property, constitute a nuisance due to unconfined noise and light,
as well as operating hours that are not compatible with the residential
environment.
(1)
Commercial activities that operate drive-up windows, remote outdoor
speakers, interactive signs, menu boards or other similar devices
with speakers that permit customers or the general public to communicate
with personnel within the commercial building or other location on
the commercial property shall be at least 300 feet from the closer
of the residential zone boundary or from the nearest residential property
line, and if the time of operation begins before 9:00 a.m. or ends
after 5:00 p.m. the separation distance shall be at least 600 feet.
Substantial effective buffering against sound and light shall be provided
in either case. These setbacks may be waived by the Planning Board
during the site plan review process if the property abuts the Floodplain
Conservation District and it can be shown that there will be no sound
or light impact on residential use.
L.
Sexually oriented businesses.
(1)
Purpose and intent. It is the purpose of this subsection to establish
reasonable and uniform regulations to prevent the concentration of
sexually oriented businesses within the Town of Conway; and it is
the intent to promote the health, safety and general welfare of the
citizens of the Town of Conway; and it is the intent of this subsection
that the regulations be utilized to prevent problems of blight and
deterioration which accompany and are brought about by the concentration
of sexually oriented businesses; and the provisions of this subsection
have neither the purpose nor the effect of imposing limitations or
restrictions on the context of any communicative materials, including
sexually oriented materials; and it is not the intent nor effect of
this chapter to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market; and neither is it the intent nor the effect
of this subsection to condone or legitimize the distribution of obscene
material.
(2)
Restrictions. Sexually oriented businesses shall only be permitted
in the business districts. Sexually oriented businesses shall not
be permitted within 1,000 feet of a church or place of worship, parish
house or convent, a public, parochial or private school, a state-approved
day-care center, residence, any establishment in which minors constitute
more than 50% of the patrons, a public park, or recreation center
or another sexually oriented business.
(3)
Measure of distance. The distance between any sexually oriented business
and other named point of reference shall be measured in a straight
line from the nearest part of the structure in which any sexually
oriented business is proposed or exists to the nearest property boundary
line of the lot containing any other named point of reference.
(4)
Site plan approval by the Conway Planning Board shall be a prerequisite
for the establishment of a sexually oriented business. The Planning
Board may impose reasonable restrictions relative to buffers, outdoor
lighting, signs, parking, egress and ingress, pedestrian movement,
landscaping, building aesthetics and measures to ensure that displays
of merchandise conform with RSA Ch. 571-B.
(5)
Violation of the provisions of this subsection is declared to be
a public nuisance, which shall be abated by the Town of Conway by
way of civil abatement procedures.
(6)
Nothing in this subsection is intended to authorize, legalize or
permit the establishment, operation or maintenance of any business,
building or use which violates any Town of Conway ordinance or statute
of the State of New Hampshire regarding public nuisance, sexual conduct,
lewdness, or obscene or harmful matter or the exhibition or public
display thereof.
M.
Mobile homes, travel trailers and recreational vehicles. One mobile
home used as a residential unit is permitted on a lot in the district.
[Amended 4-12-2016 ATM by Art. 3; 4-11-2017 ATM by Art. 2]
(1)
A mobile home, travel trailer or recreational vehicle may be permitted
on the site of a construction project for one year, provided that
it is a necessary convenience for the construction project and that
no public safety or health hazards shall be created.
(2)
One travel trailer or recreational vehicle may be stored on a lot,
provided that it is accessory to a permitted residential use on the
subject property and not utilized for dwelling purposes. Travel trailers
and recreational vehicles shall not be stored on vacant lots.
(3)
All mobile homes permitted under this subsection must be connected
to a sewerage system and water source, both meeting minimum local
and State of New Hampshire standards, as applicable and then promulgated;
such systems shall be approved by the Selectmen or their designated
agent and be maintained so as not to cause a health or sanitation
hazard.
N.
Mobile home parks are allowed in the CVC District, provided that
they meet the following minimum requirements:
(1)
A mobile home park shall contain a minimum of 10 acres and shall
have a minimum frontage of 60 feet on or a sixty-foot right-of-way
to a public street.
(2)
There shall be at least 10 mobile home spaces available at first
occupancy.
(3)
A minimum of 10,000 square feet shall be provided for each mobile
home space.
(4)
Each mobile home shall be provided with a mobile home stand, surfaced
with a material providing suitable stability to bear the weight of
a mobile home at all times of the year and having adequate gradient
or crown to provide for proper surface drainage.
(5)
All State of New Hampshire requirements for mobile home parks shall
be met.
(6)
All mobile homes permitted under this subsection must be connected
to a sewerage system and water source, both meeting minimum local
and State of New Hampshire standards, as applicable and then promulgated;
such systems shall be approved by the Selectmen or their designated
agent and be maintained so as not to cause a health or sanitation
hazard.
O.
Special exceptions. The following land uses shall be allowed if granted
a special exception by the Zoning Board of Adjustment:
(1)
Mobile homes. The Zoning Board of Adjustment may grant a special
exception for a mobile home on a lot on which a single-family residential
structure exists if the following conditions are met:
(a)
The mobile home shall be occupied only as the usual residence
of the immediate family, including grandparents, parents and children,
of the owner and/or spouse of the primary single-family residential
structure on the lot, and the lot shall be at least one acre if served
by municipal water and sewerage and at least two acres in all other
cases; or the mobile home shall be occupied as the usual residence
of a full-time agricultural employee and his immediate family, and
the single-family residence shall be part of an owner-operated farm
of 25 acres or more.
(b)
The special exception shall terminate on a change of ownership
or occupancy of either the mobile home or the primary residential
structure.
(c)
A permit shall be obtained from the Selectmen or their agent,
which shall be renewed yearly to ensure compliance with the above
conditions.
(2)
Helicopters. A special exception may be granted for helicopter operations
for construction and survey work, where no other practical method
is available to do the work, and for special events such as the visit
of a dignitary, recreational events such as ski, tennis, equine or
golf events, or some other events of a short-term nature. No approval
for a special exception shall be granted unless the ZBA makes a finding
that the helicopter use will not constitute a nuisance or hazard to
Town residents and their property.
The NCVC District is primarily designed to accommodate a compatible mixture of uses that complement commercial and residential uses typically associated with village centers. This district is serviced by municipal water and sewer and can accommodate development at higher densities. Uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries.
(1)
The
NCVC District shall have the following bounds (Map and Parcel numbers
refer to 2003 Town of Conway Tax Maps):
Commencing at the northeast corner of Map 215, Parcel 88; thence
southerly along the eastern boundary of Map 215, Parcel 88 to the
southeast corner of Map 215, Parcel 88; thence southerly in a straight
line to the northeast corner of Map 215, Parcel 97; thence southerly
along the eastern boundary of Map 215, Parcel 97 and Map 218, Parcel
68 to the northeast corner of Map 218, Parcel 69;
thence southeasterly along the eastern boundary of Map 218,
Parcel 69 to the northwest corner of Map 218, Parcel 70; thence easterly
along the northern boundary of Map 218, Parcel 70 to the northeast
corner of Map 218, Parcel 70; thence southerly along the eastern boundary
of Map 218, Parcel 70 to the southeast corner of Map 218, Parcel 70;
thence easterly along the northern boundary of Map 218, Parcels 77
and 79 to the northeast corner of Map 218, Parcel 79; thence easterly
in a straight line to the northwest corner of Map 218, Parcel 87;
thence easterly along the northern boundary of Map 218, Parcels 87
and 88 and continuing in a straight line to the center line of Map
202, Parcel 150 (former Main Central Railroad ROW);
thence southerly along the center line of Map 202, Parcel 150
(former Main Central Railroad ROW) and continuing along to the center
line of the North-South Road to the thread of the Kearsarge Brook;
then southwesterly along the thread of the Kearsarge Brook to the
western boundary of Map 218, Parcel 35 (Conway Scenic Railroad); thence
northerly along the one-hundred-year floodplain to the thread of Randall
Brook;
thence northerly along the thread of Randall Brook to a point
300 feet north of the center line of Route 16; thence southeasterly
maintaining a three-hundred-foot distance from the center line of
Route 16 to the southern boundary of Map 215, Parcel 84; thence easterly
and southerly along the southern boundary of Map 215, Parcel 84 to
the northwest corner of Map 215, Parcel 88, and thence easterly along
the northern boundary of Map 215, Parcel 88 to the point of commencement.
(2)
District map. The NCVC District Map is included as an attachment to this chapter.
B.
Lot size and density.
(1)
Lots serviced by a municipal water system and municipal sewerage
system shall have at least 1/2 acre for the first unit that may be
located thereon and at least 10,000 square feet for each additional
unit on the same lot.
(2)
Lots serviced by a municipal water system shall have at least 1/2
acre for each unit that may be located thereon.
(3)
The minimum lot size for keeping domestic farm animals shall be one
acre.
(4)
All other lots shall have at least one acre for each unit that may
be located thereon.
(5)
Special exceptions.
(a)
In order to preserve and safeguard Conway's older homes, but
also allow for their conversion to multifamily dwellings, the Zoning
Board of Adjustment may grant special exceptions for residential structures
and accessory structures on the same conforming lot, provided that:
[1]
Substantially all of the structure was constructed prior to
1930.
[Amended 4-10-2018 ATM
by Art. 2]
[2]
The total number of dwelling units on the site does not exceed four.
[Amended 5-12-2020 ATM
by Art. 4]
[4]
No significant changes to the exterior lines of the building
or exterior architectural detail are made which would diminish the
historical appearance of the structure.
[5]
Adequate area is available for parking outside the setback and
buffer areas.
[Amended 5-12-2020 ATM
by Art. 4]
[6]
Accessory structures must have at least 300 square feet of occupiable
space per unit suitable for conversion to a dwelling unit.
[Amended 5-12-2020 ATM
by Art. 4]
[7]
All of the dwelling units shall be used for long-term residency;
short-term transient occupancies of less than 30 consecutive days
of any dwelling unit is prohibited.
[Added 5-12-2020 ATM
by Art. 4]
[8]
Scaled floor plans and a scaled site drawing must be submitted
to the Zoning Board of Adjustment at the time of application to ensure
compliance with the requirements for this special exception.
[Added 5-12-2020 ATM
by Art. 4]
(b)
In order to help provide year-round rental housing, the Zoning
Board of Adjustment may grant a special exception for one accessory
dwelling unit as an accessory use to a single-family dwelling on any
size lot, subject to the following conditions:
[Amended 4-9-2019 ATM
by Art. 2]
[1]
The accessory dwelling unit is designed to ensure architectural
compatibility with the neighborhood.
[2]
Sufficient parking is located on site.
[4]
Both the primary single-family dwelling and the accessory dwelling
unit shall be used for long-term residency, and short-term transient
occupancy of either dwelling unit is prohibited.
(c)
The Zoning Board of Adjustment may grant a special exception
for up to 12 dwelling units per acre in the Village Commercial and
Highway Commercial Districts under the following conditions:
[1]
Each structure must contain at least three dwelling units.
[2]
Not less than 25% of all dwelling units shall be designated
as full-time rental apartments. At the time of Planning Board approval,
the units designated as full-time rental apartments must be shown
on the plan with a condition that they are leased for 20 years from
the date of Planning Board approval by the developer, and a deed restriction
shall be recorded in the Registry of Deeds as evidence of the same.
[3]
All lots must be serviced by municipal water and sewerage.
[4]
Rental/Deed-restricted units shall be a maximum of 1,000 square
feet and a minimum of 300 square feet.
[5]
Architectural design plans must be submitted to the Zoning Board
of Adjustment at the time of application to ensure compliance with
the zoning regulations.
C.
Frontage. All lots must front on a state or Town highway with a Class
I, II, III, IV or V classification, a private road constructed to
Town standards as required by the Planning Board or a Class VI road
proposed to be improved as stipulated by the Planning Board. To qualify
as frontage, the lot must have access rights to the subject highway
or road. The minimum distance for frontage on a road shall be:
D.
Setbacks. The minimum front setback shall be five feet and the minimum
side or back setback shall be 10 feet.
E.
Structure and building height. Structure height is restricted to
achieve several purposes. The Town is economically dependent upon
tourism and attracts visitors with its rural character and mountainous
setting. Maintaining the traditional scale and style of structures
aids in preserving the character of the Town. Peaked roofs are encouraged
because it is the traditional roof style in the Town. (Care has been
taken to prepare language which does not unduly encourage the use
of flat-roof buildings.) The height restriction keeps structures and
buildings below treetop level, which is typically from 60 feet to
100 feet for mature maple, beech, birch and pine trees. Structure
height below treetop level helps maintain the rural atmosphere and
preserve the viewsheds throughout the Town. In addition, the height
limit minimizes difficulty in providing fire protection. Also, care
must be taken to preserve the views to the west from the village.
The following shall apply throughout the Town:
(1)
Structure height shall not exceed 40 feet for any structure. For properties west of Route 16, structure height shall not exceed 30 feet. These restrictions shall not apply to wind energy systems permitted in accordance with Chapter 179 of the Conway Code.
[Amended 4-11-2017 ATM by Art. 2; 4-12-2022 ATM by Art. 4]
(2)
Building height shall not exceed 30 feet. For properties west of
Route 16, building height shall not exceed 25 feet.
[Amended 4-12-2022 ATM by Art. 4]
(3)
Church steeples may be allowed to exceed 55 feet in height by special
exception on application to the Zoning Board of Adjustment as approved
after a hearing with appropriate conditions imposed thereon, provided
that:
F.
Signs.
[Amended 4-14-2015 ATM
by Arts. 2, 3 and 4; 4-12-2016 ATM by Arts. 2 and 4; 4-11-2017 ATM by Art. 2; 4-10-2018 ATM
by Art. 3]
(1)
Sign content. The Town has no intention of restricting individual
free speech, but the Town does recognize its right to place reasonable
restrictions upon commercial speech. Further, the Town wishes to prevent
excessive or unnecessary signage along road corridors. In keeping
with this reasoning, off-site commercial signs shall be prohibited.
(2)
Freestanding sign. There shall be no more than one freestanding sign
per lot, except that where a lot fronts on two or more public rights-of-way
and has two entrances at least 500 feet apart, two freestanding signs
shall be permitted.
(a)
The size of the message area shall not exceed 40 square feet.
(b)
The height of the message area shall not exceed 15 feet above
the undisturbed ground.
(c)
The width of the message area shall not exceed 12 feet.
(d)
Setbacks.
[1]
The minimum setback shall be 25 feet from a platted right-of-way
and five feet from all other property boundaries.
[2]
Freestanding sign setbacks may be reduced to 10 feet from a
platted right-of-way if the size of the message area is reduced to
30 square feet maximum. All of the dimensional requirements, except
the size of the message area and the minimum front setback, shall
be required of these signs.
(e)
Projecting signs, including sign structure, not to exceed six
square feet in the Village Commercial District, are permitted in lieu
of a freestanding sign. The sign shall be at least 10 feet above the
ground; the top of the sign shall be no more than 15 feet above the
ground.
(f)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[1]
For two or more businesses located in a single building or within
attached buildings and where the businesses share a common pedestrian
entrance, an additional freestanding sign may be permitted for use
as a directory sign, provided that the following conditions are met:
[a]
The sign shall be used only to identify and locate
businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The height of the message area shall not exceed
20 feet above the undisturbed ground;
[d]
The sign shall meet all setbacks; and
[e]
The additional wall sign permitted by special exception under Subsection F(3)(c)[2] is not used.
[2]
Where existing buildings are set back from the right-of-way less than the setback required for freestanding signs in Subsection F(1), the right-of-way setback of the freestanding sign may be reduced from 25 feet to any lesser amount down to five feet, provided that the following conditions are met:
[a]
The message area shall be reduced to not more than
20 square feet;
[b]
The sign shall not obstruct vehicular or pedestrian
traffic;
[c]
The sign shall not obstruct the line-of-sight for
traffic entering or exiting the site; and
[d]
The sign shall not unduly obstruct the visibility
of other signs or property in the area.
(g)
One appendage may be attached to a freestanding or projecting
sign, and the message area of this appendage shall be considered part
of the total message area of the sign. No appendage shall be permitted
on supports or directional signs.
(3)
Wall sign. For lots without multiple commercial tenants, each lot
shall be permitted one wall sign. For lots with multiple commercial
tenants, each commercial tenant shall be permitted one wall sign.
All wall signs shall be located on a wall which is common to both
the interior and exterior of the business identified by the sign.
The height of the message area shall not exceed the greater of 20
feet from the undisturbed ground or a height equal to 75% of the total
height of the building, nor shall it exceed the height of the wall
to which it is attached. The message area of the wall sign shall be
based on the following formulas, subject to increase by bonus granted
per Subsection F(12)(c).
(a)
For floor areas up to and including 50,000 square feet, the
maximum message area shall be calculated as follows: 20 + (total square
feet floor area X 0.0016).
(b)
If the floor area of the business is greater than 50,000 square
feet, the maximum wall sign message area shall be 100 square feet.
A business with a floor area greater than 50,000 square feet shall
be permitted one additional wall sign if it has two or more exterior
public or customer entrances, excluding emergency entrances, that
are at least 20 feet apart. The message area of the second wall sign
shall not exceed 20 square feet.
(c)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[1]
For a major business in a shopping center or mall that does
not have wall frontage facing its primary parking lot, one additional
wall sign may be permitted, provided that the following conditions
are met:
[2]
For two or more businesses located in a single building or within
attached buildings and where the businesses share a common pedestrian
entrance, an additional wall sign may be permitted, subject to the
following:
[a]
The sign shall be used only to identify and locate
the businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The sign shall be located immediately adjacent
to the common entrance; and
[d]
The additional freestanding sign permitted by special exception under Subsection F(2)(f)[1] is not used.
(4)
Pedestrian-oriented off-site commercial signs (POOC signs) to encourage
pedestrian activity (as opposed to vehicular traffic) in the North
Conway Village Commercial District shall be permitted as follows:
(a)
The POOC sign shall be posted in, and refer only to a business
located in, the North Conway Village Commercial District;
(b)
The POOC sign shall be located on private property;
(c)
The POOC sign shall not be subject to setbacks;
(d)
The POOC sign shall be mounted either on a freestanding pole
or a wall, and when mounted on a freestanding pole there shall be
no backing board of any kind;
(e)
The POOC sign shall be located and oriented to direct and inform
pedestrians, and visibility to vehicles on roads shall be minimized
where reasonable;
(f)
The POOC sign shall be a one- or two-sided sign with dimensions
being four inches tall by 18 inches long;
(g)
A business utilizing any other type of off-site commercial sign(s)
within the Town shall be prohibited from using the POOC sign;
(h)
A business shall be permitted to utilize no more than two POOC
signs;
(i)
No more than 10 POOC signs shall be located on a lot;
(j)
A permit is required for the establishment of a new POOC sign,
as well as for the change of message if the business identified by
the POOC sign changes;
(k)
Both the property owner of the lot on which the sign is located
and the owner of the business to which the sign refers shall be co-applicants
and must both sign the application and abide by the conditions of
approval;
(l)
The POOC sign shall provide a directional message only, and
shall refer only to an off-site business; and
(m)
The POOC sign shall be located within 400 feet of the lot to
which it provides direction and, further, shall be on the same side
of Route 16/302.
(5)
Signs in platted ROW. Except as otherwise permitted below, no signs
shall be permitted within any platted right-of-way:
(6)
Temporary event signage. In addition to signage otherwise permitted
herein, temporary events may display up to 20 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(7)
Special event signage. In addition to signage otherwise permitted
herein, special events may display up to 40 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(8)
Signs exempt from property line setbacks and no permit required:
(a)
Signs with a message area of one square foot or less which bear
only property numbers, post office numbers, names of occupants of
the premises, other noncommercial identification, or with one of the
following messages: "open"; "closed"; "vacancy"; or "no vacancy."
(b)
Directional signs with a message area of four square feet or
less, to indicate entrance and/or exit driveways.
(c)
Business name and directional signs with a message area of three
square feet or less which are located over doorways. Such signs may
project from the wall surface.
(d)
One portable A-frame sign per lot of record is permitted in
the district. It may be displayed during business hours only, it shall
have a message area of six square feet or less, no illumination of
the sign is permitted, and no appendages to the sign are permitted.
(e)
Window signs with a sign area that does not exceed 50% of the
window area are permitted. Window signage that exceeds 50% of the
window area is prohibited.
(f)
Non-illuminated sign advertising the sale or lease of the premises
upon which the sign is located, with a message area of 16 square feet
or less.
[Amended 5-12-2020 ATM by Art. 5]
(g)
Special promotional signs for special events as approved by
the Board of Selectmen with a message area of 40 square feet or less.
(i)
A home occupation may display a non-illuminated outdoor sign
not exceeding three square feet in size.
(9)
Signs subject to property line setbacks and no permit required:
(10)
Permit required for all other signs.
(a)
Sign application process. Any action requiring a sign permit
shall be permitted only upon the application to and approval of the
Zoning Officer. Applications shall use the following process:
[1]
An application form for each sign shall be completed and signed
by the owner of the property.
[2]
A complete application shall also include the following:
[a]
Fee as set from time to time by the Board of Selectmen;
[b]
Written description of the proposed type, size,
height, setback, sign and supporting structure materials, and illumination
of the sign;
[c]
Statement specifically addressing compliance with
off-site commercial sign restrictions; and
[d]
Analysis regarding impact of safety, specifically
addressing lighting/glare and line-of-sight blockage for vehicles
and pedestrians.
[3]
Upon receipt of a complete application, the Zoning Officer shall
have up to 14 days to either approve or deny the application.
[4]
If the application is denied, the Zoning Officer shall issue
a written decision stating the reason(s) for denial.
[5]
If the application is approved, the Zoning Officer shall issue
an approval for the erection of a sign. The sign permit is valid for
one year from date of approval. If the sign is not erected within
one year, the permit shall expire.
(11)
Design standards. The following design standards shall be required
to ensure compliance with the intent of these regulations:
(a)
Illumination. Signs shall not be illuminated from within; signs
may be illuminated only by external light. Lighting shall be affixed
to and, for dimensional purposes, considered part of the sign structure.
Lighting shall be located, directed and/or shielded such that it only
sheds light downward and is limited to the message display area. The
lighting sources shall be of white light and be energy-efficient fixtures
when possible. Fixtures shall be located, directed and/or shielded
such that no direct light emissions are visible at any point along
the property boundary, nor shall they be distracting to vehicular
traffic.
(b)
Neon. Neon lighting shall be prohibited.
(c)
Motion. Moving signs, or signs which give the appearance of
motion, shall be prohibited.
(d)
Flashing/blinking. Flashing, blinking, alternating-type or digital-type
lighting such as a digital message board shall be prohibited.
(e)
Structural supports and base. The support and base structure
of a sign shall not exceed 50% of the maximum permitted message area
of the sign. Such supports and base shall be measured on the single
side or face having the greatest surface area. If the sign structural
supports and base are made of wood, brick and/or stone, with only
incidental use of other materials, the structure/base size limit shall
be increased to 100% of the maximum permitted message area of the
sign. The top of the supporting structure of a freestanding sign shall
extend no farther above the top of the message area than 1/3 of the
maximum permitted height of the message area.
(f)
No sign shall project over a street or sidewalk, except for
projecting signs as permitted herein.
(g)
No sign shall be placed in such a position as to endanger vehicular
or pedestrian traffic by obstructing a clear view, by causing confusion
with government signs and signals, or by any other means.
(12)
Movable signs. Movable signs shall be prohibited. No vehicle,
including parts thereof, trailers, and other accessories, shall be
used as a means of circumventing the purpose and intent of this chapter.
A vehicle displaying a commercial message which is licensed, registered
and inspected shall be exempt from these sign regulations if it is
regularly and customarily used to transport persons or property for
the business.
(13)
Flags, banners, pennants, etc.
(a)
In addition to the signs otherwise permitted by this chapter,
there may be displayed, on any lot, up to three flags displaying any
otherwise legal symbol, message or information, commercial or noncommercial;
except that off-site commercial flags shall be restricted as set forth
in this chapter. No such flag shall exceed 24 square feet measured
by one face of the flag only. Any such flag shall be mounted directly
to one flagpole. A "flagpole" is a pole intended and placed solely
for the support and display of a flag or flags, and does not include
utility poles, light poles, trees or other sign structures. All flagpoles
shall be erected vertically, or within 45° of the vertical. No
portion of any flagpole shall be sited within 10 feet of a property
line. No flagpole shall extend more than 35 feet in height above grade
or, if mounted on a building, 55 feet above the average finished grade
of the building.
(b)
Banners, feather flags, pennants, searchlights, twirling signs,
balloons or other gas-filled figures, and other such materials shall
be prohibited, except as specified herein.
(c)
This subsection shall not be construed to prevent any sign otherwise
permitted by this chapter, and which conforms to all sign requirements
of this chapter, from taking the form of a flag or other fabric. Banners
may be used to cover part or all of an existing freestanding, projecting
or wall sign to advertise temporary events. The net effect of this
activity shall not increase the message area of any permitted sign
or signs.
(14)
Maintenance. All surfaces and supporting structures of signs,
whether erected prior to the effective date of this chapter or not,
shall be maintained in a safe and sightly condition to the satisfaction
of the Board of Selectmen or its authorized agent. A permit is required
for any maintenance except the following: repainting; other surface
renewal; or change of message on the same surface.
(15)
Sign incentives. The purpose of these sign incentives is to
reduce visual clutter and distraction from the natural environment
caused by signs. This system offers design and size bonuses as a means
of encouraging certain site and sign designs.
(a)
Any freestanding, projecting or wall sign which conforms to
all provisions of this chapter shall be permitted to utilize up to
20% of the maximum permitted message area for changeable copy.
(b)
A freestanding sign which conforms to all provisions of this
chapter shall be permitted to increase its message area by up to 20
square feet above that otherwise permitted under this chapter if the
lot has at least 300 feet but less than 500 feet of frontage on a
Class V or better road; or by up to 40 square feet above that otherwise
permitted under this chapter if the lot has 500 feet or more of frontage
on a Class V or better road. In no case, however, shall such increases
cause any sign message area to exceed 80 square feet. The applicant
shall submit a satisfactory written declaration, to be recorded at
the Carroll County Registry of Deeds, in which the owner, its heirs,
successors and assigns agree that, if the frontage of the property
is subsequently reduced below that amount required for the bonus granted,
the sign shall be removed or replaced with a sign which fully conforms
with the provisions of this chapter; and that no subdivision of a
lot shall be permitted unless a freestanding sign erected under this
provision continues to conform to this provision; and such agreement
must be legally enforceable by the Town of Conway.
G.
Restrictions regarding home occupations. A home occupation is considered
accessory to a residential use and shall not occupy an area greater
than 50% of the total floor area of the residential unit or 1,500
square feet, whichever is less. Home occupations are subject to the
following provisions and restrictions:
(1)
The home occupation shall be carried on by persons who live in the
principal residential unit full time. Two employees living off-premises
are permitted.
(2)
The home occupation shall be carried on within the principal residential
unit or an approved accessory structure.
(3)
Exterior storage of commercial vehicles, equipment or materials or
variation from the residential character of the principal residential
unit shall not be permitted.
(4)
The home occupation shall create no unreasonable noise, vibration,
smoke, dust, electrical disturbance, odors, heat, glare or other nuisance
or threat to the health of the abutters.
(5)
Adequate off-street parking shall be provided.
(6)
A home occupation shall not generate excessive traffic or traffic
in greater volumes than would normally be expected in a residential
neighborhood.
(7)
A home occupation may display a sign conforming to Subsection F(7)(m)
above.
[Amended 4-11-2017 ATM by Art. 2]
(8)
A change-of-use permit to operate a home occupation is required before
startup of operation.
(9)
Retail or wholesale sales are only permitted for those items raised
or made on the premises.
(10)
A home occupation shall not be offensive to the character of
the neighborhood or decrease abutting property values.
H.
Farm and nursery stands. Farm and nursery stands for selling indigenous
produce or plants are considered temporary structures and are permitted,
provided that:
(2)
Three off-street parking spaces shall be required to be provided
for structures up to 100 square feet in size. Additional parking shall
be required at the rate of one space per 200 square feet over 100
square feet.
(3)
Wall signs shall not exceed 10 square feet in size. One portable
A-frame sign per lot, not to exceed six square feet, shall be allowed
to be displayed during business hours only.
(4)
All structures, parking areas and signs shall meet the setback requirements
established herein.
I.
Yard sales. Yard sales shall be permitted, provided that no one household
holds sales on more than six days per calendar year.[5]
[Amended 4-11-2017 ATM by Art. 2]
[5]
Editor's Note: Original Subsection 147.13.7.10, Travel trailers
and recreational vehicles, which immediately followed this subsection,
was repealed 4-11-2017 ATM by Art. 2.
J.
Commercial amusements. Because the Town wishes to maintain a character
which protects the long-term, high-quality environment, which will
ultimately protect tourism in the valley, commercial amusements are
hereby regulated to prevent adverse impacts on the Town's character
and environment. All commercial amusements on a lot shall be located
within an enclosed building, and the following shall apply:
(1)
Commercial amusements may occupy 10% or less of the floor space of
a business in any business district, by permit of the Zoning Officer
and without site plan review by the Planning Board.
(2)
Commercial amusements may occupy more than 10% of the floor space
of a business in any business district, subject to the condition that
no noise, light or other adverse impact outside the building shall
be caused by the amusements or their use. Site plan review approval
by the Planning Board shall be required.[6]
K.
Outdoor commercial activities such as drive-up windows, remote outdoor
speaker systems, interactive signs, menu boards or other similar devices
with speakers, any of which operate in close proximity to residential
property, constitute a nuisance due to unconfined noise and light,
as well as operating hours that are not compatible with the residential
environment.
(1)
Commercial activities that operate drive-up windows, remote outdoor
speakers, interactive signs, menu boards or other similar devices
with speakers that permit customers or the general public to communicate
with personnel within the commercial building or other location on
the commercial property shall be at least 300 feet from the closer
of the residential zone boundary or from the nearest residential property
line, and if the time of operation begins before 9:00 a.m. or ends
after 5:00 p.m. the separation distance shall be at least 600 feet.
Substantial effective buffering against sound and light shall be provided
in either case. These setbacks may be waived by the Planning Board
during the site plan review process if the property abuts the Floodplain
Conservation District and it can be shown that there will be no sound
or light impact on residential use.
L.
Sexually oriented businesses.
(1)
Purpose and intent. It is the purpose of this subsection to establish
reasonable and uniform regulations to prevent the concentration of
sexually oriented businesses within the Town of Conway; and it is
the intent to promote the health, safety and general welfare of the
citizens of the Town of Conway; and it is the intent of this subsection
that the regulations be utilized to prevent problems of blight and
deterioration which accompany and are brought about by the concentration
of sexually oriented businesses; and the provisions of this subsection
have neither the purpose nor the effect of imposing limitations or
restrictions on the context of any communicative materials, including
sexually oriented materials; and it is not the intent nor effect of
this subsection to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market; and neither is it the intent nor the effect
of this subsection to condone or legitimize the distribution of obscene
material.
(2)
Restrictions. Sexually oriented businesses shall only be permitted
in the business districts. Sexually oriented businesses shall not
be permitted within 1,000 feet of a church or place of worship, parish
house or convent, a public, parochial or private school, a state-approved
day-care center, residence, any establishment in which minors constitute
more than 50% of the patrons, a public park, or recreation center
or another sexually oriented business.
(3)
Measure of distance. The distance between any sexually oriented business
and other named point of reference shall be measured in a straight
line from the nearest part of the structure in which any sexually
oriented business is proposed or exists to the nearest property boundary
line of the lot containing any other named point of reference.
(4)
Site plan approval by the Conway Planning Board shall be a prerequisite
for the establishment of a sexually oriented business.[7] The Planning Board may impose reasonable restrictions
relative to buffers, outdoor lighting, signs, parking, egress and
ingress, pedestrian movement, landscaping, building aesthetics and
measures to ensure that displays of merchandise conform with RSA Ch.
571-B.
(5)
Violation of the provisions of this subsection is declared to be
a public nuisance, which shall be abated by the Town of Conway by
way of civil abatement procedures.
(6)
Nothing in this subsection is intended to authorize, legalize or
permit the establishment, operation or maintenance of any business,
building or use which violates any Town of Conway ordinance or statute
of the State of New Hampshire regarding public nuisance, sexual conduct,
lewdness, or obscene or harmful matter or the exhibition or public
display thereof.
M.
Mobile homes, travel trailers and recreational vehicles. One mobile
home used as a residential unit is permitted on a lot in the district.
[Amended 4-12-2016 ATM by Art. 3; 4-11-2017 ATM by Art. 2]
(1)
A mobile home, travel trailer or recreational vehicle may be permitted
on the site of a construction project for one year, provided that
it is a necessary convenience for the construction project and that
no public safety or health hazards shall be created.
(2)
One travel trailer or recreational vehicle may be stored on a lot,
provided that it is accessory to a permitted residential use on the
subject property and not utilized for dwelling purposes. Travel trailers
and recreational vehicles shall not be stored on vacant lots.
(3)
All mobile homes permitted under this subsection must be connected
to a sewerage system and water source, both meeting minimum local
and State of New Hampshire standards, as applicable and then promulgated;
such systems shall be approved by the Selectmen or their designated
agent and be maintained so as not to cause a health or sanitation
hazard.
N.
Mobile home parks are allowed in the NCVC District, provided that
they meet the following minimum requirements:
(1)
A mobile home park shall contain a minimum of 10 acres and shall
have a minimum frontage of 60 feet on or a sixty-foot right-of-way
to a public street.
(2)
There shall be at least 10 mobile home spaces available at first
occupancy.
(3)
A minimum of 10,000 square feet shall be provided for each mobile
home space.
(4)
Each mobile home shall be provided with a mobile home stand, surfaced
with a material providing suitable stability to bear the weight of
a mobile home at all times of the year and having adequate gradient
or crown to provide for proper surface drainage.
(5)
All State of New Hampshire requirements for mobile home parks shall
be met.
(6)
All mobile homes permitted under this subsection must be connected
to a sewerage system and water source, both meeting minimum local
and State of New Hampshire standards, as applicable and then promulgated;
such systems shall be approved by the Selectmen or their designated
agent and be maintained so as not to cause a health or sanitation
hazard.
O.
Special exceptions. The following land uses shall be allowed if granted
a special exception by the Zoning Board of Adjustment:
(1)
Mobile homes. The Zoning Board of Adjustment may grant a special
exception for a mobile home on a lot on which a single-family residential
structure exists if the following conditions are met:
(a)
The mobile home shall be occupied only as the usual residence
of the immediate family, including grandparents, parents and children,
of the owner and/or spouse of the primary single-family residential
structure on the lot, and the lot shall be at least one acre if served
by municipal water and sewerage and at least two acres in all other
cases; or the mobile home shall be occupied as the usual residence
of a full-time agricultural employee and his immediate family, and
the single-family residence shall be part of an owner-operated farm
of 25 acres or more.
(b)
The special exception shall terminate on a change of ownership
or occupancy of either the mobile home or the primary residential
structure.
(c)
A permit shall be obtained from the Selectmen or their agent,
which shall be renewed yearly to ensure compliance with the above
conditions.
(2)
Helicopters. A special exception may be granted for helicopter operations
for construction and survey work, where no other practical method
is available to do the work, and for special events such as the visit
of a dignitary, recreational events such as ski, tennis, equine or
golf events, or some other events of a short-term nature. No approval
for a special exception shall be granted unless the ZBA makes a finding
that the helicopter use will not constitute a nuisance or hazard to
Town residents and their property.
The HC District is primarily designed to accommodate a compatible mixture of uses that complement commercial and residential uses typically associated with transportation corridors, large traffic flows and convenient access. The areas of this district that are serviced by municipal water and sewer can accommodate development at higher densities. Uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries. The HC District shall have the following bounds:
(1)
Conway Village Area South of the Saco River.
(a)
The HC District in the Conway Village area south of the Saco River
shall have the following bounds (Map and Parcel numbers refer to 2003
Town of Conway Tax Maps):
Commencing at the point of intersection of the center lines
of Route 16 and Map 277, Parcel 322 (Conway Scenic Railroad); thence
southwesterly along the center line of Map 277, Parcel 322 (Conway
Scenic Railroad) to the Albany Town Line;
thence northerly along the Albany Town Line to a point 400 feet
northwesterly of the center line of Route 16; thence northeasterly
parallel with and 400 feet from the center line of Route 16 to the
eastern boundary of Map 277, Parcel 265; thence southeasterly along
the eastern boundary of Map 277, Parcel 265 to the northern boundary
of the Route 16 ROW; thence northeasterly along the northern boundary
of the Route 16 ROW and continuing on the same bearing to the western
boundary of Map 277, Parcel 271;
thence northerly along the western boundary of Map 277, Parcel
271 and Map 264, Parcel 23 to the northwest corner of Map 264, Parcel
23; thence easterly along the northern boundary of Map 264, Parcel
23 and continuing on the same bearing to the center line of Towle
Road; thence northerly along the center line of Towle Road to the
center line of Route 112 (Kancamagus Highway); thence southerly along
the center line of Route 112 (Kancamagus Highway) to the center line
of Route 16, and thence easterly along the center line of Route 16
to the point of commencement.
(b)
District map. The HC District Map, consisting of areas south of the Saco River, is included as an attachment to this chapter.
(2)
Conway Village area north of the Saco River.
(a)
The HC District in the Conway Village area north of the Saco River
shall have the following bounds (Map and Parcel numbers refer to 2003
Town of Conway Tax Maps):
Commencing at a point on the center line of Route 16 adjacent
to the northwest corner of Map 262, Parcel 72; thence easterly through
the northwest corner of Map 262, Parcel 72, along the northern boundary
of Map 262, Parcel 72 and continuing on the same bearing to a point
400 feet from the center line of Route 16; thence southerly parallel
with and 400 feet from the center line of Route 16 to the northern
shore of the Saco River; thence westerly along the northern shore
of the Saco River to the center line of East Side Road;
thence northerly along the center line of East Side Road to
a point 400 feet northwest of the center line of Route 16; thence
northerly parallel with and 400 feet from the center line of Route
16 to the southern boundary of Map 262, Parcel 64.01; thence easterly
along the southern boundary of Map 262, Parcel 64.01 to the southern
boundary of Map 262, Parcel 65; thence easterly along the southern
boundary of Map 262, Parcel 65 and continuing on the same bearing
to the center line of Route 16, and thence northerly along the center
line of Route 16 to the point of commencement.
(b)
District map. The HC District Map, consisting of areas north of the Saco River, is included as an attachment to this chapter.
(3)
North Conway area south of North Conway Village.
[Amended 4-14-2015 ATM by Art. 5; 4-12-2016 ATM by Art. 7]
(a)
The HC District in the North Conway area south of North Conway Village
shall have the following bounds (Map and Parcel numbers refer to 2003
Town of Conway Tax Maps as amended):
Commencing at the point on the thread of Kearsarge Brook 500
feet easterly of the center line of Route 16; thence southerly parallel
with and 500 feet from the center line of Route 16 to the center line
of Locust Lane; thence easterly along the center line of Locust Lane
and continuing on the same bearing to the center line of the North-South
Road; thence southerly along the center line of the North-South Road
to a point adjacent to the southeast corner of Map 230, Parcel 51;
thence westerly through the southeast corner of Map 230, Parcel
51 and continuing along the southern boundary of Map 230, Parcel 51
to a point 500 feet from the center line of Route 16; thence southerly
parallel with and 500 feet from the center line of Route 16 to the
northern boundary of Map 235, Parcel 35; thence easterly along the
northern boundary of Map 235, Parcel 35 to the center line of the
North-South Road; thence southerly along the center line of the North-South
Road to a point adjacent to the southeast corner of Map 235, Parcel
35; thence westerly through the southeast corner of Map 235, Parcel
35 and continuing along the southern boundary of Map 235, Parcel 35
to a point 500 feet from the center line of Route 16;
thence southerly parallel with and 500 feet from the center
line of Route 16 to the northerly boundary of Map 235, Parcel 78;
thence easterly along the northerly boundary of Map 235, Parcel 78
to its easterly boundary, common with the westerly boundary of Map
235, Parcel 70; thence southerly along the easterly boundary of Map
235, Parcel 78 and continuing to the southerly boundary of the Puddin'
Pond Drive ROW; thence in a general westerly, then southerly direction
along the southerly boundary of the Puddin' Pond Drive ROW to the
northwest corner of Map 235, Parcel 82; thence easterly along the
northern boundary of Map 235, Parcel 82 to the northeast corner of
Map 235, Parcel 82, and following the same bearing to the center line
of Map 219, Parcel 211 (former Maine Central Railroad); thence southerly
along the center line of Map 219, Parcel 211 (former Maine Central
Railroad) to a point adjacent to the southwest corner of Map 252,
Parcel 31;
thence northeasterly through the southwest corner of Map 252,
Parcel 31 to the southwest corner of Map 252, Parcel 42; thence traversing
Map 252, Parcel 42 easterly in a straight line to the northwest corner
of Map 252, Parcel 47; thence southerly along the western boundary
of Map 252, Parcel 47 and continuing on the same bearing to the center
line of Map 219, Parcel 211 (former Maine Central Railroad); thence
southeasterly along the center line of Map 219, Parcel 211 (former
Maine Central Railroad) to the center line of East Conway Road; thence
westerly along the center line of East Conway Road and continuing
on the same bearing to a point on the western boundary of Map 252,
Parcel 2
thence northerly along the wester boundary of Map 252, Parcel
2 to the southerly corner of Map 252, Parcel 62; thence northerly
along the eastern boundary of Map 252, Parcel 62 to a point at the
westerly corner of Map 252, Parcel 19 and the southerly corner of
Map 252, Parcel 20; thence running on a straight line southwesterly
traversing Map 252, Parcel 62 to the northeasterly corner of Map 252,
Parcel 60; thence along the northwestern boundary of Map 252, Parcel
60 to the centerline of Eagles Way; thence northwesterly along the
centerline of Eagles' Way to a point where an extension of the southern
boundary line of Map 246, Parcel 17 intersects with the centerline
of Eagles Way;
thence westerly in a straight line to the southeast corner of
Map 246, Parcel 17; thence westerly along the southern boundary line
of Map 246, Parcel 17 and continuing on the same bearing to the center
line of Route 16; thence northerly along the center line of Route
16 to the intersection of the center line of Shaws Way;
thence west to a point 500 feet from the center line of Route
16; thence northerly parallel with and 500 feet from the center line
of Route 16 to the southwestern boundary of Map 246, Parcel 20.001;
thence northwesterly along the southwestern boundary of Map 246, Parcel
20.001 to the western boundary of Map 246, Parcel 22; thence northwesterly,
southerly and westerly along the boundary of Map 246, Parcel 22 to
the eastern shore of the Saco River; thence northerly along eastern
shore of the Saco River to the center line of Map 218, Parcel 35 (Conway
Scenic Railroad); thence northerly along the center line of Map 218,
Parcel 35 (Conway Scenic Railroad) to the thread of Kearsarge Brook,
and thence easterly along the thread of Kearsarge Brook to the point
of commencement.
(b)
District map. The HC District Map, consisting of areas south of North Conway, is included as an attachment to this chapter.
(4)
North Conway area north of North Conway Village.
(a)
The HC District in the North Conway area north of North Conway Village
shall have the following bounds (Map and Parcel numbers refer to 2003
Town of Conway Tax Maps):
Commencing at the intersection of the center line of Route 16
and the Bartlett Town Line; thence easterly along the Bartlett Town
Line to a point 300 feet from the center line of Route 16; thence
southerly parallel with and 300 feet from the center line of Route
16 to the northern boundary of Map 215, Parcel 58; thence easterly
along the northern boundary of Map 215, Parcel 58 and the southern
boundary of Map 215, Parcel 51 to the southeast corner of Map 215,
Parcel 51; thence northerly to the northeast corner of Map 215, Parcel
51;
thence easterly along the northern boundary of Map 215, Parcel
61 to the center line of Map 215, Parcel 81 (Conway Scenic Railroad);
thence southerly along the center line of Map 215, Parcel 81 (Conway
Scenic Railroad) to a point 300 feet from the center line of Route
16; thence northerly parallel with and 300 feet from the center line
of Route 16 to the thread of Randall Brook; thence southerly along
the thread of Randall Brook to the center line of River Road; thence
southerly in a straight line to the northwest corner of Map 218, Parcel
52; thence southerly along the western boundary of Map 218, Parcel
52 to a point 200 feet from the center line of River Road;
thence westerly parallel with and 200 feet from the center line
of River Road to the western boundary line of Map 218, Parcel 53;
thence northerly along the western boundary line of Map 218, Parcel
53 and continuing on the same bearing to the center line of River
Road; thence westerly along the center line of River Road to a point
adjacent to the southeast corner of Map 215, Parcel 8; thence northerly
in a straight line to the southeast corner of Map 215, Parcel 8;
thence northerly along the eastern boundary of Map 215, Parcel
8 to the southern boundary of Map 215, Parcel 33; thence westerly
along the southern boundary of Map 215, Parcel 33 to the eastern shore
of the Saco River; thence northerly along the eastern shore of the
Saco River to the thread of Foster Brook; thence northerly along the
thread of Foster Brook to the thread of Trout Brook; thence northerly
along the thread of Trout Brook to the Bartlett Town Line, and thence
easterly along the Bartlett Town Line to the point of commencement.
(b)
District map. The HC District Map, consisting of areas north of North Conway Village, is included as an attachment to this chapter.
B.
Lot size and density.
(1)
Lots serviced by a municipal water system and municipal sewerage
system shall have at least 1/2 acre for the first unit that may be
located thereon and at least 10,000 square feet for each additional
unit on the same lot.
(2)
Lots serviced by a municipal water system shall have at least 1/2
acre for each unit that may be located thereon.
(3)
The minimum lot size for keeping domestic farm animals shall be one
acre.
(4)
All other lots shall have at least one acre for each unit that may
be located thereon.
(5)
Special exceptions.
(a)
In order to preserve and safeguard Conway's older homes, but
also allow for their conversion to multifamily dwellings, the Zoning
Board of Adjustment may grant special exceptions for residential structures
and accessory structures on the same conforming lot, provided that:
[1]
Substantially all of the structure was constructed prior to
1930.
[Amended 4-10-2018 ATM
by Art. 2]
[2]
The total number of dwelling units on the site does not exceed
four.
[Amended 5-12-2020 ATM
by Art. 4]
[4]
No significant changes to the exterior lines of the building
or exterior architectural detail are made which would diminish the
historical appearance of the structure.
[5]
Adequate area is available for parking outside the setback and
buffer areas.
[Amended 5-12-2020 ATM
by Art. 4]
[6]
Accessory structures must have at least 300 square feet of occupiable
space per unit suitable for conversion to a dwelling unit.
[Amended 5-12-2020 ATM
by Art. 4]
[7]
All of the dwelling units shall be used for long-term residency;
short-term transient occupancies of less than 30 consecutive days
of any dwelling unit is prohibited.
[Added 5-12-2020 ATM
by Art. 4]
[8]
Scaled floor plans and a scaled site drawing must be submitted
to the Zoning Board of Adjustment at the time of application to ensure
compliance with the requirements for this special exception.
[Added 5-12-2020 ATM
by Art. 4]
(b)
In order to help provide year-round rental housing, the Zoning
Board of Adjustment may grant a special exception for one accessory
dwelling unit as an accessory use to a single-family dwelling on any
size lot, subject to the following conditions:
[Amended 4-9-2019 ATM
by Art. 2]
[1]
The accessory dwelling unit is designed to ensure architectural
compatibility with the neighborhood.
[2]
Sufficient parking is located on site.
[4]
Both the primary single-family dwelling and the accessory dwelling
unit shall be used for long-term residency, and short-term transient
occupancy of either dwelling unit is prohibited.
(c)
The Zoning Board of Adjustment may grant a special exception
for up to 12 dwelling units per acre, in the Village Commercial and
Highway Commercial Districts under the following conditions:
[1]
Each structure must contain at least three dwelling units.
[2]
Not less than 25% of all dwelling units shall be designated
as full-time rental apartments. At the time of Planning Board approval,
the units designated as full-time rental apartments must be shown
on the plan with a condition that they are leased for 20 years from
the date of Planning Board approval by the developer, and a deed restriction
shall be recorded in the Registry of Deeds as evidence of the same.
[3]
All lots must be serviced by municipal water and sewerage.
[4]
Rental/Deed-restricted units shall be a maximum of 1,000 square
feet and a minimum of 300 square feet.
[5]
Architectural design plans must be submitted to the Zoning Board
of Adjustment at the time of application to ensure compliance with
the zoning regulations.
C.
Frontage. All lots must front on a state or Town highway with a Class
I, II, III, IV or V classification, a private road constructed to
Town standards as required by the Planning Board or a Class VI road
proposed to be improved as stipulated by the Planning Board. To qualify
as frontage, the lot must have access rights to the subject highway
or road. The minimum distance for frontage on a road shall be:
D.
Setbacks. The minimum front setback shall be 25 feet from a platted
right-of-way, or 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 and the minimum side or back setback shall
be 10 feet.
E.
Structure and building height. Structure height is restricted to
achieve several purposes. The Town is economically dependent upon
tourism and attracts visitors with its rural character and mountainous
setting. Maintaining the traditional scale and style of structures
aids in preserving the character of the Town. Peaked roofs are encouraged
because it is the traditional roof style in the Town. (Care has been
taken to prepare language which does not unduly encourage the use
of flat-roof buildings.) The height restriction keeps structures and
buildings below treetop level, which is typically from 60 feet to
100 feet for mature maple, beech, birch and pine trees. Structure
height below treetop level helps maintain the rural atmosphere and
preserve the viewsheds throughout the Town. In addition, the height
limit minimizes difficulty in providing fire protection. The following
shall apply throughout the Town:
(1)
Structure height shall not exceed 45 feet for any structure, except wind energy systems permitted in accordance with Chapter 179 of the Conway Code. For properties located in the North Conway area north of North Conway Village, structure height shall not exceed 40 feet.
[Amended 4-11-2017 ATM by Art. 2; 4-12-2022 ATM by Art. 5; 4-11-2023 ATM
by Art. 12]
(2)
Building height shall not exceed 35 feet. For properties located
in the North Conway area north of North Conway Village, building height
shall not exceed 30 feet.
[Amended 4-12-2022 ATM by Art. 5; 4-11-2023 ATM by Art. 12]
(3)
Church steeples may be allowed to exceed 55 feet in height by special
exception on application to the Zoning Board of Adjustment as approved
after a hearing with appropriate conditions imposed thereon, provided
that:
F.
Signs.
[Amended 4-14-2015 ATM
by Arts. 2, 3 and 4; 4-12-2016 ATM by Art. 4; 4-11-2017 ATM
by Art. 2; 4-10-2018 ATM by Art.
3]
(1)
Sign content. The Town has no intention of restricting individual
free speech, but the Town does recognize its right to place reasonable
restrictions upon commercial speech. Further, the Town wishes to prevent
excessive or unnecessary signage along road corridors. In keeping
with this reasoning, off-site commercial signs shall be prohibited.
(2)
Freestanding sign. There shall be no more than one freestanding sign
per lot, except that where a lot fronts on two or more public rights-of-way
and has two entrances at least 500 feet apart, two freestanding signs
shall be permitted.
(a)
The size of the message area shall not exceed 40 square feet.
(b)
The height of the message area shall not exceed 15 feet above
the undisturbed ground.
(c)
The width of the message area shall not exceed 12 feet.
(d)
Setbacks.
[1]
The minimum setback shall be 25 feet from a platted right-of-way,
or 100 feet from the platted right-of-way of North-South Road between
the extension of the center line of Barnes Road and the center line
of Depot Road and five feet from all other property boundaries.
[2]
Freestanding sign setbacks may be reduced to 10 feet from a
platted right-of-way if the size of the message area is reduced to
30 square feet maximum. This provision does not apply to the platted
right-of-way of North-South Road between the extension of the center
line of Barnes Road and the center line of Depot Road. All of the
dimensional requirements, except the size of the message area and
the minimum front setback, shall be required of these signs.
(e)
Projecting signs, including sign structure, not to exceed 20
square feet in the Highway Commercial Districts, are permitted in
lieu of a freestanding sign. The sign shall be at least 10 feet above
the ground; the top of the sign shall be no more than 15 feet above
the ground.
(f)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[1]
For two or more businesses located in a single building or within
attached buildings and where the businesses share a common pedestrian
entrance, an additional freestanding sign may be permitted for use
as a directory sign, provided that the following conditions are met:
[a]
The sign shall be used only to identify and locate
businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The height of the message area shall not exceed
20 feet above the undisturbed ground;
[d]
The sign shall meet all setbacks; and
[e]
The additional wall sign permitted by special exception under Subsection F(3)(c)[2] is not used.
[2]
Where existing buildings are set back from the right-of-way less than the setback required for freestanding signs in Subsection F(1), the right-of-way setback of the freestanding sign may be reduced from 25 feet to any lesser amount down to five feet, provided that the following conditions are met:
[a]
The message area shall be reduced to not more than
20 square feet;
[b]
The sign shall not obstruct vehicular or pedestrian
traffic;
[c]
The sign shall not obstruct the line-of-sight for
traffic entering or exiting the site; and
[d]
The sign shall not unduly obstruct the visibility
of other signs or property in the area.
(g)
One appendage may be attached to a freestanding or projecting
sign, and the message area of this appendage shall be considered part
of the total message area of the sign. No appendage shall be permitted
on supports or directional signs.
(3)
Wall sign. For lots without multiple commercial tenants, each lot shall be permitted one wall sign. For lots with multiple commercial tenants, each commercial tenant shall be permitted one wall sign. All wall signs shall be located on a wall which is common to both the interior and exterior of the business identified by the sign. The height of the message area shall not exceed the greater of 20 feet from the undisturbed ground or a height equal to 75% of the total height of the building, nor shall it exceed the height of the wall to which it is attached. The message area of the wall sign shall be based on the following formulas, subject to increase by bonus granted per Subsection F(12)(c).
(a)
For floor areas up to and including 50,000 square feet, the
maximum message area shall be calculated as follows: 20 + (total square
feet floor area X 0.0016).
(b)
If the floor area of the business is greater than 50,000 square
feet, the maximum wall sign message area shall be 100 square feet.
A business with a floor area greater than 50,000 square feet shall
be permitted one additional wall sign if it has two or more exterior
public or customer entrances, excluding emergency entrances that are
at least 20 feet apart. The message area of the second wall sign shall
not exceed 20 square feet.
(c)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[1]
For a major business in a shopping center or mall that does
not have wall frontage facing its primary parking lot, one additional
wall sign may be permitted, provided that the following conditions
are met:
[2]
For two or more businesses located in a single building or within
attached buildings and where the businesses share a common pedestrian
entrance, an additional wall sign may be permitted, subject to the
following:
[a]
The sign shall be used only to identify and locate
the businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The sign shall be located immediately adjacent
to the common entrance; and
[d]
The additional freestanding sign permitted by special exception under Subsection F(2)(f)[1] is not used.
(4)
Signs in platted ROW. Except as otherwise permitted below, no signs
shall be permitted within any platted right-of-way:
(5)
Temporary event signage. In addition to signage otherwise permitted
herein, temporary events may display up to 20 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(6)
Special event signage. In addition to signage otherwise permitted
herein, special events may display up to 40 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(7)
Signs exempt from property line setbacks and no permit required:
(a)
Signs with a message area of one square foot or less which bear
only property numbers, post office numbers, names of occupants of
the premises, other noncommercial identification, or with one of the
following messages: "open"; "closed"; "vacancy"; or "no vacancy."
(b)
Directional signs with a message area of four square feet or
less, to indicate entrance and/or exit driveways.
(c)
Business name and directional signs with a message area of three
square feet or less which are located over doorways. Such signs may
project from the wall surface.
(d)
One portable A-frame sign per lot of record is permitted in
the district. It may be displayed during business hours only, it shall
have a message area of six square feet or less, no illumination of
the sign is permitted, and no appendages to the sign are permitted.
(e)
Window signs with a sign area that does not exceed 50% of the
window area are permitted. Window signage that exceeds 50% of the
window area is prohibited.
(f)
Non-illuminated sign advertising the sale or lease of the premises
upon which the sign is located, with a message area of 16 square feet
or less.
[Amended 5-12-2020 ATM by Art. 5]
(g)
Special promotional signs for special events as approved by
the Board of Selectmen with a message area of 40 square feet or less.
(i)
A home occupation may display a non-illuminated outdoor sign
not exceeding three square feet in size.
(8)
Signs subject to property line setbacks and no permit required:
(9)
Permit required for all other signs.
(a)
Sign application process. Any action requiring a sign permit
shall be permitted only upon the application to and approval of the
Zoning Officer. Applications shall use the following process:
[1]
An application form for each sign shall be completed and signed
by the owner of the property.
[2]
A complete application shall also include the following:
[a]
Fee as set from time to time by the Board of Selectmen;
[b]
Written description of the proposed type, size,
height, setback, sign and supporting structure materials, and illumination
of the sign;
[c]
Statement specifically addressing compliance with
off-site commercial sign restrictions; and
[d]
Analysis regarding impact of safety, specifically
addressing lighting/glare and line-of-sight blockage for vehicles
and pedestrians.
[3]
Upon receipt of a complete application, the Zoning Officer shall
have up to 14 days to either approve or deny the application.
[4]
If the application is denied, the Zoning Officer shall issue
a written decision stating the reason(s) for denial.
[5]
If the application is approved, the Zoning Officer shall issue
an approval for the erection of a sign. The sign permit is valid for
one year from date of approval. If the sign is not erected within
one year, the permit shall expire.
(10)
Design standards. The following design standards shall be required
to ensure compliance with the intent of these regulations:
(a)
Illumination. Signs shall not be illuminated from within; signs
may be illuminated only by external light. Lighting shall be affixed
to and, for dimensional purposes, considered part of the sign structure.
Lighting shall be located, directed and/or shielded such that it only
sheds light downward and is limited to the message display area. The
lighting sources shall be of white light and be energy-efficient fixtures
when possible. Fixtures shall be located, directed and/or shielded
such that no direct light emissions are visible at any point along
the property boundary, nor shall they be distracting to vehicular
traffic.
(b)
Neon. Neon lighting shall be prohibited.
(c)
Motion. Moving signs, or signs which give the appearance of
motion, shall be prohibited.
(d)
Flashing/blinking. Flashing, blinking, alternating-type or digital-type
lighting such as a digital message board shall be prohibited.
(e)
Structural supports and base. The support and base structure
of a sign shall not exceed 50% of the maximum permitted message area
of the sign. Such supports and base shall be measured on the single
side or face having the greatest surface area. If the sign structural
supports and base are made of wood, brick and/or stone, with only
incidental use of other materials, the structure/base size limit shall
be increased to 100% of the maximum permitted message area of the
sign. The top of the supporting structure of a freestanding sign shall
extend no farther above the top of the message area than 1/3 of the
maximum permitted height of the message area.
(f)
No sign shall project over a street or sidewalk, except for
projecting signs as permitted herein.
(g)
No sign shall be placed in such a position as to endanger vehicular
or pedestrian traffic by obstructing a clear view, by causing confusion
with government signs and signals, or by any other means.
(11)
Movable signs. Movable signs shall be prohibited. No vehicle,
including parts thereof, trailers, and other accessories, shall be
used as a means of circumventing the purpose and intent of this chapter.
A vehicle displaying a commercial message which is licensed, registered
and inspected shall be exempt from these sign regulations if it is
regularly and customarily used to transport persons or property for
the business.
(12)
Flags, banners, pennants, etc.
(a)
In addition to the signs otherwise permitted by this chapter,
there may be displayed, on any lot, up to three flags displaying any
otherwise legal symbol, message or information, commercial or noncommercial;
except that off-site commercial flags shall be restricted as set forth
in this chapter. No such flag shall exceed 24 square feet measured
by one face of the flag only. Any such flag shall be mounted directly
to one flagpole. A "flagpole" is a pole intended and placed solely
for the support and display of a flag or flags, and does not include
utility poles, light poles, trees or other sign structures. All flagpoles
shall be erected vertically, or within 45° of the vertical. No
portion of any flagpole shall be sited within 10 feet of a property
line. No flagpole shall extend more than 35 feet in height above grade
or, if mounted on a building, 55 feet above the average finished grade
of the building.
(b)
Banners, feather flags, pennants, searchlights, twirling signs,
balloons or other gas-filled figures, and other such materials shall
be prohibited, except as specified herein.
(c)
This subsection shall not be construed to prevent any sign otherwise
permitted by this chapter, and which conforms to all sign requirements
of this chapter, from taking the form of a flag or other fabric. Banners
may be used to cover part or all of an existing freestanding, projecting
or wall sign to advertise temporary events. The net effect of this
activity shall not increase the message area of any permitted sign
or signs.
(13)
Maintenance. All surfaces and supporting structures of signs,
whether erected prior to the effective date of this chapter or not,
shall be maintained in a safe and sightly condition to the satisfaction
of the Board of Selectmen or its authorized agent. A permit is required
for any maintenance except the following: repainting; other surface
renewal; or change of message on the same surface.
(14)
Sign incentives. The purpose of these sign incentives is to
reduce visual clutter and distraction from the natural environment
caused by signs. This system offers design and size bonuses as a means
of encouraging certain site and sign designs.
(a)
Any freestanding, projecting or wall sign which conforms to
all provisions of this chapter shall be permitted to utilize up to
20% of the maximum permitted message area for changeable copy.
(b)
A freestanding sign which conforms to all provisions of this
chapter shall be permitted to increase its message area by up to 20
square feet above that otherwise permitted under this chapter if the
lot has at least 300 feet but less than 500 feet of frontage on a
Class V or better road; or by up to 40 square feet above that otherwise
permitted under this chapter if the lot has 500 feet or more of frontage
on a Class V or better road. In no case, however, shall such increases
cause any sign message area to exceed 80 square feet. The applicant
shall submit a satisfactory written declaration, to be recorded at
the Carroll County Registry of Deeds, in which the owner, its heirs,
successors and assigns agree that, if the frontage of the property
is subsequently reduced below that amount required for the bonus granted,
the sign shall be removed or replaced with a sign which fully conforms
with the provisions of this chapter; and that no subdivision of a
lot shall be permitted unless a freestanding sign erected under this
provision continues to conform to this provision; and such agreement
must be legally enforceable by the Town of Conway.
G.
Restrictions regarding home occupations. A home occupation is considered
accessory to a residential use and shall not occupy an area greater
than 50% of the total floor area of the residential unit or 1,500
square feet, whichever is less. Home occupations are subject to the
following provisions and restrictions:
(1)
The home occupation shall be carried on by persons who live in the
principal residential unit full time. Two employees living off-premises
are permitted.
(2)
The home occupation shall be carried on within the principal residential
unit or an approved accessory structure.
(3)
Exterior storage of commercial vehicles, equipment or materials or
variation from the residential character of the principal residential
unit shall not be permitted.
(4)
The home occupation shall create no unreasonable noise, vibration,
smoke, dust, electrical disturbance, odors, heat, glare or other nuisance
or threat to the health of the abutters.
(5)
Adequate off-street parking shall be provided.
(6)
A home occupation shall not generate excessive traffic or traffic
in greater volumes than would normally be expected in a residential
neighborhood.
(7)
A home occupation may display a sign conforming to Subsection F(7)(m)
above.
[Amended 4-11-2017 ATM by Art. 2]
(8)
A change-of-use permit to operate a home occupation is required before
startup of operation.
(9)
Retail or wholesale sales are only permitted for those items raised
or made on the premises.
(10)
A home occupation shall not be offensive to the character of
the neighborhood or decrease abutting property values.
H.
Farm and nursery stands. Farm and nursery stands for selling indigenous
produce or plants are considered temporary structures and are permitted,
provided that:
(2)
Three off-street parking spaces shall be required to be provided
for structures up to 100 square feet in size. Additional parking shall
be required at the rate of one space per 200 square feet over 100
square feet.
(3)
Wall signs shall not exceed 10 square feet in size. One portable
A-frame sign per lot, not to exceed six square feet, shall be allowed
to be displayed during business hours only.
(4)
All structures, parking areas and signs shall meet the setback requirements
established herein.
I.
Yard sales. Yard sales shall be permitted, provided that no one household
holds sales on more than six days per calendar year.
[Amended 4-11-2017 ATM by Art. 2]
J.
Mobile homes, travel trailers and recreational vehicles. One mobile
home used as a residential unit is permitted on a lot in the district.
[Amended 4-12-2016 ATM by Art. 3; 4-11-2017 ATM by Art. 2]
(1)
A mobile home, travel trailer or recreational vehicle may be permitted
on the site of a construction project for one year, provided that
it is a necessary convenience for the construction project and that
no public safety or health hazards shall be created.
(2)
One travel trailer or recreational vehicle may be stored on a lot,
provided that it is accessory to a permitted residential use on the
subject property and not utilized for dwelling purposes. Travel trailers
and recreational vehicles shall not be stored on vacant lots.
(3)
All mobile homes permitted under this subsection must be connected
to a sewerage system and water source, both meeting minimum local
and State of New Hampshire standards, as applicable and then promulgated;
such systems shall be approved by the Selectmen or their designated
agent and be maintained so as not to cause a health or sanitation
hazard.
K.
Mobile home parks are allowed in the district, provided that they
meet the following minimum requirements:
[Amended 4-11-2017 ATM by Art. 2]
(1)
A mobile home park shall contain a minimum of 10 acres and shall
have a minimum frontage of 60 feet on or a sixty-foot right-of-way
to a public street.
(2)
There shall be at least 10 mobile home spaces available at first
occupancy.
(3)
A minimum of 10,000 square feet shall be provided for each mobile
home space.
(4)
Each mobile home shall be provided with a mobile home stand, surfaced
with a material providing suitable stability to bear the weight of
a mobile home at all times of the year and having adequate gradient
or crown to provide for proper surface drainage.
(5)
All State of New Hampshire requirements for mobile home parks shall
be met.
(6)
All mobile homes permitted under this subsection must be connected
to a sewerage system and water source, both meeting minimum local
and State of New Hampshire standards, as applicable and then promulgated;
such systems shall be approved by the Selectmen or their designated
agent and be maintained so as not to cause a health or sanitation
hazard.
L.
Commercial amusements. Because the Town wishes to maintain a character
which protects the long-term, high-quality environment, which will
ultimately protect tourism in the valley, commercial amusements are
hereby regulated to prevent adverse impacts on the Town's character
and environment. All commercial amusements on a lot shall be located
within an enclosed building, and the following shall apply:
(1)
Commercial amusements may occupy 10% or less of the floor space of
a business in any business district, by permit of the Zoning Officer
and without site plan review by the Planning Board.
(2)
Commercial amusements may occupy more than 10% of the floor space
of a business in any business district, subject to the condition that
no noise, light or other adverse impact outside the building shall
be caused by the amusements or their use. Site plan review approval
by the Planning Board shall be required.[5]
M.
Outdoor commercial activities such as commercial amusement facilities,
drive-up windows, remote outdoor speaker systems, interactive signs,
menu boards or other similar devices with speakers, any of which operate
in close proximity to residential property, constitute a nuisance
due to unconfined noise and light, as well as operating hours that
are not compatible with the residential environment.
(1)
A commercial amusement facility, as defined herein, that operates outdoor amusements and that seeks to expand that use under § 190-30, Nonconformity, shall locate said amusements at least 300 feet from the closer of the residential zone boundary or from the nearest residential property line, and if the time of operation begins before 9:00 a.m. or ends after 5:00 p.m. the distance shall be at least 600 feet. Substantial effective buffering against sound and light shall be provided in either case. These setbacks may be waived by the Planning Board during the site plan review process if the property abuts the Floodplain Conservation District and it can be shown that there will be no sound or light impact on residential use.
(2)
Commercial activities that operate drive-up windows, remote outdoor
speakers, interactive signs, menu boards or other similar devices
with speakers that permit customers or the general public to communicate
with personnel within the commercial building or other location on
the commercial property shall be at least 300 feet from the closer
of the residential zone boundary or from the nearest residential property
line, and if the time of operation begins before 9:00 a.m. or ends
after 5:00 p.m. the separation distance shall be at least 600 feet.
Substantial effective buffering against sound and light shall be provided
in either case. These setbacks may be waived by the Planning Board
during the site plan review process if the property abuts the Floodplain
Conservation District and it can be shown that there will be no sound
or light impact on residential use.
N.
Sexually oriented businesses.
(1)
Purpose and intent. It is the purpose of this subsection to establish
reasonable and uniform regulations to prevent the concentration of
sexually oriented businesses within the Town of Conway; and it is
the intent to promote the health, safety and general welfare of the
citizens of the Town of Conway; and it is the intent of this subsection
that the regulations be utilized to prevent problems of blight and
deterioration which accompany and are brought about by the concentration
of sexually oriented businesses; and the provisions of this subsection
have neither the purpose nor the effect of imposing limitations or
restrictions on the context of any communicative materials, including
sexually oriented materials; and it is not the intent nor effect of
this subsection to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market; and neither is it the intent nor the effect
of this subsection to condone or legitimize the distribution of obscene
material.
(2)
Restrictions. Sexually oriented businesses shall only be permitted
in the business districts. Sexually oriented businesses shall not
be permitted within 1,000 feet of a church or place of worship, parish
house or convent, a public, parochial or private school, a state-approved
day-care center, residence, any establishment in which minors constitute
more than 50% of the patrons, a public park, or recreation center
or another sexually oriented business.
(3)
Measure of distance. The distance between any sexually oriented business
and other named point of reference shall be measured in a straight
line from the nearest part of the structure in which any sexually
oriented business is proposed or exists to the nearest property boundary
line of the lot containing any other named point of reference.
(4)
Site plan approval by the Conway Planning Board shall be a prerequisite
for the establishment of a sexually oriented business.[6] The Planning Board may impose reasonable restrictions
relative to buffers, outdoor lighting, signs, parking, egress and
ingress, pedestrian movement, landscaping, building aesthetics and
measures to ensure that displays of merchandise conform with RSA Ch.
571-B.
(5)
Violation of the provisions of this subsection is declared to be
a public nuisance, which shall be abated by the Town of Conway by
way of civil abatement procedures.
(6)
Nothing in this subsection is intended to authorize, legalize or
permit the establishment, operation or maintenance of any business,
building or use which violates any Town of Conway ordinance or statute
of the State of New Hampshire regarding public nuisance, sexual conduct,
lewdness, or obscene or harmful matter or the exhibition or public
display thereof.
O.
Special exceptions. The following land uses shall be allowed if granted
a special exception by the Zoning Board of Adjustment:
(1)
Mobile homes. The Zoning Board of Adjustment may grant a special
exception for a mobile home on a lot on which a single-family residential
structure exists if the following conditions are met:
(a)
The mobile home shall be occupied only as the usual residence
of the immediate family, including grandparents, parents and children,
of the owner and/or spouse of the primary single-family residential
structure on the lot, and the lot shall be at least one acre if served
by municipal water and sewerage and at least two acres in all other
cases; or the mobile home shall be occupied as the usual residence
of a full-time agricultural employee and his immediate family, and
the single-family residence shall be part of an owner-operated farm
of 25 acres or more.
(b)
The special exception shall terminate on a change of ownership
or occupancy of either the mobile home or the primary residential
structure.
(c)
A permit shall be obtained from the Selectmen or their agent,
which shall be renewed yearly to ensure compliance with the above
conditions.
(2)
Helicopters. A special exception may be granted for helicopter operations
for construction and survey work, where no other practical method
is available to do the work, and for special events such as the visit
of a dignitary, recreational events such as ski, tennis, equine or
golf events, or some other events of a short-term nature. No approval
for a special exception shall be granted unless the ZBA makes a finding
that the helicopter use will not constitute a nuisance or hazard to
Town residents and their property.
(Reserved)
[Amended 4-14-2015 ATM by Art. 2, Art. 3, Art. 4; 4-12-2016
ATM by Art. 2, Art. 3, Art. 4; 4-11-2017 ATM by Art. 2]
The I1 District is primarily designed to accommodate a compatible mixture of uses that complement commercial and light industrial uses. Residential uses, hotels and motels are specifically prohibited in this district. This district is serviced by municipal water and sewer and can accommodate development at higher densities. Uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries.
(1)
The
I1 District shall have the following bounds (Map and Parcel numbers
refer to 2003 Town of Conway Tax Maps):
Commencing at a point being the northeast corner of Map 277,
Parcel 136; thence southerly along the eastern boundary of Map 277,
Parcel 136 to the northern shore of Pequawket Pond; thence southwesterly
along the shore of Pequawket Pond to the southwest corner of Map 277,
Parcel 144; thence northerly along the western boundary of Map 277,
Parcel 144 and continuing through the northwest corner of Map 277,
Parcel 144 to a point on the center line of Hobbs Street; thence easterly
along the center line of Hobbs Street to a point adjacent to the southwest
corner of Map 277, Parcel 182;
thence northerly to the southwest corner of Map 277, Parcel
182, thence northerly along the western boundary of Map 277, Parcel
182 to the southwest corner of Map 277, Parcel 191; thence northerly
along the western boundary of Map 277, Parcel 191 to the southern
boundary of the West Main Street ROW; thence easterly along the southern
boundary of the West Main Street ROW to the northeast corner of Map
277, Parcel 191; thence southerly along the eastern boundary of Map
277, Parcel 191 to the northwest corner of Map 277, Parcel 188; thence
easterly along the northern boundary of Map 277, Parcel 188 and continuing
through the northeast corner of Map 277, Parcel 188 to the center
line of Hobbs Street; thence northerly along the center line of Hobbs
Street to the southern boundary of the West Main Street ROW; thence
easterly along the southern boundary of the West Main Street ROW to
the point of commencement.
(2)
District map. The I1 District Map is included as an attachment to this chapter.
B.
Lot size and density. All lots shall have at least 1/2 acre for the
first unit that may be located thereon and at least 10,000 square
feet for each additional unit on the same lot.
C.
Frontage. All lots must front on a state or Town highway with a Class
I, II, III, IV or V classification, a private road constructed to
Town standards as required by the Planning Board or a Class VI road
proposed to be improved as stipulated by the Planning Board. To qualify
as frontage, the lot must have access rights to the subject highway
or road. The minimum distance for frontage on a road shall be:
D.
Setbacks. The minimum front setback shall be 25 feet and the minimum
side or back setback shall be 10 feet. Where the I1 District borders
the RA District, a twenty-five-foot setback shall be required for
that portion of the I1 lot abutting the RA lot.
E.
Structure and building height. Structure height is restricted to
achieve several purposes. The Town is economically dependent upon
tourism and attracts visitors with its rural character and mountainous
setting. Maintaining the traditional scale and style of structures
aids in preserving the character of the Town. Peaked roofs are encouraged
because it is the traditional roof style in the Town. (Care has been
taken to prepare language which does not unduly encourage the use
of flat-roof buildings.) The height restriction keeps structures and
buildings below treetop level, which is typically from 60 feet to
100 feet for mature maple, beech, birch and pine trees. Structure
height below treetop level helps maintain the rural atmosphere and
preserve the viewsheds throughout the Town. In addition, the height
limit minimizes difficulty in providing fire protection. The following
shall apply throughout the Town:
(1)
Structure height shall not exceed 55 feet for any structure, except wind energy systems permitted in accordance with Chapter 179 of the Conway Code.
(2)
Building height shall not exceed 45 feet.
(3)
Church steeples may be allowed to exceed 55 feet in height by special
exception on application to the Zoning Board of Adjustment as approved
after a hearing with appropriate conditions imposed thereon, provided
that:
F.
Signs.
[Amended 4-10-2018 ATM
by Art. 3]
(1)
Sign content. The Town has no intention of restricting individual
free speech, but the Town does recognize its right to place reasonable
restrictions upon commercial speech. Further, the Town wishes to prevent
excessive or unnecessary signage along road corridors. In keeping
with this reasoning, off-site commercial signs shall be prohibited.
(2)
Freestanding sign. There shall be no more than one freestanding sign
per lot, except that where a lot fronts on two or more public rights-of-way
and has two entrances at least 500 feet apart, two freestanding signs
shall be permitted.
(a)
The size of the message area shall not exceed 40 square feet.
(b)
The height of the message area shall not exceed 15 feet above
the undisturbed ground.
(c)
The width of the message area shall not exceed 12 feet.
(d)
Setbacks.
[1]
The minimum setback shall be 25 feet from a platted right-of-way
and five feet from all other property boundaries.
[2]
Freestanding sign setbacks may be reduced to 10 feet from a
platted right-of-way if the size of the message area is reduced to
30 square feet maximum. All of the dimensional requirements, except
the size of the message area and the minimum front setback, shall
be required of these signs.
(e)
Projecting signs are not permitted in the I1 District.
(f)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[1]
For two or more businesses located in a single building or within
attached buildings and where the businesses share a common pedestrian
entrance, an additional freestanding sign may be permitted for use
as a directory sign, provided that the following conditions are met:
[a]
The sign shall be used only to identify and locate
businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The height of the message area shall not exceed
20 feet above the undisturbed ground;
[d]
The sign shall meet all setbacks; and
[e]
The additional wall sign permitted by special exception under Subsection F(3)(c)[2] is not used.
[2]
Where existing buildings are set back from the right-of-way less than the setback required for freestanding signs in Subsection F(1), the right-of-way setback of the freestanding sign may be reduced from 25 feet to any lesser amount down to five feet, provided that the following conditions are met:
[a]
The message area shall be reduced to not more than
20 square feet;
[b]
The sign shall not obstruct vehicular or pedestrian
traffic;
[c]
The sign shall not obstruct the line-of-sight for
traffic entering or exiting the site; and
[d]
The sign shall not unduly obstruct the visibility
of other signs or property in the area.
(g)
One appendage may be attached to a freestanding or projecting
sign, and the message area of this appendage shall be considered part
of the total message area of the sign. No appendage shall be permitted
on supports or directional signs.
(3)
Wall sign. For lots without multiple commercial tenants, each lot shall be permitted one wall sign. For lots with multiple commercial tenants, each commercial tenant shall be permitted one wall sign. All wall signs shall be located on a wall which is common to both the interior and exterior of the business identified by the sign. The height of the message area shall not exceed the greater of 20 feet from the undisturbed ground or a height equal to 75% of the total height of the building, nor shall it exceed the height of the wall to which it is attached. The message area of the wall sign shall be based on the following formulas, subject to increase by bonus granted per Subsection F(12)(c).
(a)
For floor areas up to and including 50,000 square feet, the
maximum message area shall be calculated as follows: 20 + (total square
feet floor area X 0.0016).
(b)
If the floor area of the business is greater than 50,000 square
feet, the maximum wall sign message area shall be 100 square feet.
A business with a floor area greater than 50,000 square feet shall
be permitted one additional wall sign if it has two or more exterior
public or customer entrances, excluding emergency entrances that are
at least 20 feet apart. The message area of the second wall sign shall
not exceed 20 square feet.
(c)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[1]
For a major business in a shopping center or mall that does
not have wall frontage facing its primary parking lot, one additional
wall sign may be permitted, provided that the following conditions
are met:
[2]
For two or more businesses located in a single building or within
attached buildings and where the businesses share a common pedestrian
entrance, an additional wall sign may be permitted, subject to the
following:
[a]
The sign shall be used only to identify and locate
the businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The sign shall be located immediately adjacent
to the common entrance; and
[d]
The additional freestanding sign permitted by special exception under Subsection F(2)(f)[1] is not used.
(4)
Signs in platted ROW. Except as otherwise permitted below, no signs
shall be permitted within any platted right-of-way:
(5)
Temporary event signage. In addition to signage otherwise permitted
herein, temporary events may display up to 20 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(6)
Special event signage. In addition to signage otherwise permitted
herein, special events may display up to 40 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(7)
Signs exempt from property line setbacks and no permit required:
(a)
Signs with a message area of one square foot or less which bear
only property numbers, post office numbers, names of occupants of
the premises, other noncommercial identification, or with one of the
following messages: "open"; "closed"; "vacancy"; or "no vacancy."
(b)
Directional signs with a message area of four square feet or
less, to indicate entrance and/or exit driveways.
(c)
Business name and directional signs with a message area of three
square feet or less which are located over doorways. Such signs may
project from the wall surface.
(d)
One portable A-frame sign per lot of record is permitted in
the district. It may be displayed during business hours only, it shall
have a message area of six square feet or less, no illumination of
the sign is permitted, and no appendages to the sign are permitted.
(e)
Window signs with a sign area that does not exceed 50% of the
window area are permitted. Window signage that exceeds 50% of the
window area is prohibited.
(f)
Non-illuminated sign advertising the sale or lease of the premises
upon which the sign is located, with a message area of 16 square feet
or less.
[Amended 5-12-2020 ATM by Art. 5]
(g)
Special promotional signs for special events as approved by
the Board of Selectmen with a message area of 40 square feet or less.
(i)
A home occupation may display a non-illuminated outdoor sign
not exceeding three square feet in size.
(8)
Signs subject to property line setbacks and no permit required:
(9)
Permit required for all other signs.
(a)
Sign application process. Any action requiring a sign permit
shall be permitted only upon the application to and approval of the
Zoning Officer. Applications shall use the following process:
[1]
An application form for each sign shall be completed and signed
by the owner of the property.
[2]
A complete application shall also include the following:
[a]
Fee as set from time to time by the Board of Selectmen;
[b]
Written description of the proposed type, size,
height, setback, sign and supporting structure materials, and illumination
of the sign;
[c]
Statement specifically addressing compliance with
off-site commercial sign restrictions; and
[d]
Analysis regarding impact of safety, specifically
addressing lighting/glare and line-of-sight blockage for vehicles
and pedestrians.
[3]
Upon receipt of a complete application, the Zoning Officer shall
have up to 14 days to either approve or deny the application.
[4]
If the application is denied, the Zoning Officer shall issue
a written decision stating the reason(s) for denial.
[5]
If the application is approved, the Zoning Officer shall issue
an approval for the erection of a sign. The sign permit is valid for
one year from date of approval. If the sign is not erected within
one year, the permit shall expire.
(10)
Design standards. The following design standards shall be required
to ensure compliance with the intent of these regulations:
(a)
Illumination. Signs shall not be illuminated from within; signs
may be illuminated only by external light. Lighting shall be affixed
to and, for dimensional purposes, considered part of the sign structure.
Lighting shall be located, directed and/or shielded such that it only
sheds light downward and is limited to the message display area. The
lighting sources shall be of white light and be energy-efficient fixtures
when possible. Fixtures shall be located, directed and/or shielded
such that no direct light emissions are visible at any point along
the property boundary, nor shall they be distracting to vehicular
traffic.
(b)
Neon. Neon lighting shall be prohibited.
(c)
Motion. Moving signs, or signs which give the appearance of
motion, shall be prohibited.
(d)
Flashing/blinking. Flashing, blinking, alternating-type or digital-type
lighting such as a digital message board shall be prohibited.
(e)
Structural supports and base. The support and base structure
of a sign shall not exceed 50% of the maximum permitted message area
of the sign. Such supports and base shall be measured on the single
side or face having the greatest surface area. If the sign structural
supports and base are made of wood, brick and/or stone, with only
incidental use of other materials, the structure/base size limit shall
be increased to 100% of the maximum permitted message area of the
sign. The top of the supporting structure of a freestanding sign shall
extend no farther above the top of the message area than 1/3 of the
maximum permitted height of the message area.
(f)
No sign shall project over a street or sidewalk, except for
projecting signs as permitted herein.
(g)
No sign shall be placed in such a position as to endanger vehicular
or pedestrian traffic by obstructing a clear view, by causing confusion
with government signs and signals, or by any other means.
(11)
Movable signs. Movable signs shall be prohibited. No vehicle,
including parts thereof, trailers, and other accessories, shall be
used as a means of circumventing the purpose and intent of this chapter.
A vehicle displaying a commercial message which is licensed, registered
and inspected shall be exempt from these sign regulations if it is
regularly and customarily used to transport persons or property for
the business.
(12)
Flags, banners, pennants, etc.
(a)
In addition to the signs otherwise permitted by this chapter,
there may be displayed, on any lot, up to three flags displaying any
otherwise legal symbol, message or information, commercial or noncommercial;
except that off-site commercial flags shall be restricted as set forth
in this chapter. No such flag shall exceed 24 square feet measured
by one face of the flag only. Any such flag shall be mounted directly
to one flagpole. A "flagpole" is a pole intended and placed solely
for the support and display of a flag or flags, and does not include
utility poles, light poles, trees or other sign structures. All flagpoles
shall be erected vertically, or within 45° of the vertical. No
portion of any flagpole shall be sited within 10 feet of a property
line. No flagpole shall extend more than 35 feet in height above grade
or, if mounted on a building, 55 feet above the average finished grade
of the building.
(b)
Banners, feather flags, pennants, searchlights, twirling signs,
balloons or other gas-filled figures, and other such materials shall
be prohibited, except as specified herein.
(c)
This subsection shall not be construed to prevent any sign otherwise
permitted by this chapter, and which conforms to all sign requirements
of this chapter, from taking the form of a flag or other fabric. Banners
may be used to cover part or all of an existing freestanding, projecting
or wall sign to advertise temporary events. The net effect of this
activity shall not increase the message area of any permitted sign
or signs.
(13)
Maintenance. All surfaces and supporting structures of signs,
whether erected prior to the effective date of this chapter or not,
shall be maintained in a safe and sightly condition to the satisfaction
of the Board of Selectmen or its authorized agent. A permit is required
for any maintenance except the following: repainting; other surface
renewal; or change of message on the same surface.
(14)
Sign incentives. The purpose of these sign incentives is to
reduce visual clutter and distraction from the natural environment
caused by signs. This system offers design and size bonuses as a means
of encouraging certain site and sign designs.
(a)
Any freestanding, projecting or wall sign which conforms to
all provisions of this chapter shall be permitted to utilize up to
20% of the maximum permitted message area for changeable copy.
(b)
A freestanding sign which conforms to all provisions of this
chapter shall be permitted to increase its message area by up to 20
square feet above that otherwise permitted under this chapter if the
lot has at least 300 feet but less than 500 feet of frontage on a
Class V or better road; or by up to 40 square feet above that otherwise
permitted under this chapter if the lot has 500 feet or more of frontage
on a Class V or better road. In no case, however, shall such increases
cause any sign message area to exceed 80 square feet. The applicant
shall submit a satisfactory written declaration, to be recorded at
the Carroll County Registry of Deeds, in which the owner, its heirs,
successors and assigns agree that, if the frontage of the property
is subsequently reduced below that amount required for the bonus granted,
the sign shall be removed or replaced with a sign which fully conforms
with the provisions of this chapter; and that no subdivision of a
lot shall be permitted unless a freestanding sign erected under this
provision continues to conform to this provision; and such agreement
must be legally enforceable by the Town of Conway.
G.
Restrictions regarding home occupations. A home occupation is considered
accessory to a residential use and shall not occupy an area greater
than 50% of the total floor area of the residential unit or 1,500
square feet, whichever is less. Home occupations are subject to the
following provisions and restrictions:
(1)
The home occupation shall be carried on by persons who live in the
principal residential unit full time. Two employees living off-premises
are permitted.
(2)
The home occupation shall be carried on within the principal residential
unit or an approved accessory structure.
(3)
Exterior storage of commercial vehicles, equipment or materials or
variation from the residential character of the principal residential
unit shall not be permitted.
(4)
The home occupation shall create no unreasonable noise, vibration,
smoke, dust, electrical disturbance, odors, heat, glare or other nuisance
or threat to the health of the abutters.
(5)
Adequate off-street parking shall be provided.
(6)
A home occupation shall not generate excessive traffic or traffic
in greater volumes than would normally be expected in a residential
neighborhood.
(7)
A home occupation may display a sign conforming to Subsection F(7)(l)
above.
(8)
A change-of-use permit to operate a home occupation is required before
startup of operation.
(9)
Retail or wholesale sales are only permitted for those items raised
or made on the premises.
(10)
A home occupation shall not be offensive to the character of
the neighborhood or decrease abutting property values.
H.
Farm and nursery stands. Farm and nursery stands for selling indigenous
produce or plants are considered temporary structures and are permitted,
provided that:
(2)
Three off-street parking spaces shall be required to be provided
for structures up to 100 square feet in size. Additional parking shall
be required at the rate of one space per 200 square feet over 100
square feet.
(3)
Wall signs shall not exceed 10 square feet in size. One portable
A-frame sign per lot, not to exceed six square feet, shall be allowed
to be displayed during business hours only.
(4)
All structures, parking areas and signs shall meet the setback requirements
established herein.
I.
Yard sales. Yard sales shall be permitted, provided that no one household
holds sales on more than six days per calendar year.
J.
Mobile homes, travel trailers and recreational vehicles.
(1)
A mobile home, travel trailer or recreational vehicle may be permitted
on the site of a construction project for one year, provided that
it is a necessary convenience for the construction project and that
no public safety or health hazards shall be created.
(2)
One travel trailer or recreational vehicle may be stored on a lot,
provided that it is accessory to a permitted residential use on the
subject property and not utilized for dwelling purposes. Travel trailers
and recreational vehicles shall not be stored on vacant lots.
(3)
All mobile homes permitted under this subsection must be connected
to a sewerage system and water source, both meeting minimum local
and State of New Hampshire standards, as applicable and then promulgated;
such systems shall be approved by the Selectmen or their designated
agent and be maintained so as not to cause a health or sanitation
hazard.
K.
Commercial amusements. Because the Town wishes to maintain a character
which protects the long-term, high-quality environment, which will
ultimately protect tourism in the valley, commercial amusements are
hereby regulated to prevent adverse impacts on the Town's character
and environment. All commercial amusements on a lot shall be located
within an enclosed building, and the following shall apply:
(1)
Commercial amusements may occupy 10% or less of the floor space of
a business in any business district, by permit of the Zoning Officer
and without site plan review by the Planning Board.
(2)
Commercial amusements may occupy more than 10% of the floor space
of a business in any business district, subject to the condition that
no noise, light or other adverse impact outside the building shall
be caused by the amusements or their use. Site plan review approval
by the Planning Board shall be required.[3]
L.
Outdoor commercial activities such as drive-up windows, remote outdoor
speaker systems, interactive signs, menu boards or other similar devices
with speakers, any of which operate in close proximity to residential
property, constitute a nuisance due to unconfined noise and light,
as well as operating hours that are not compatible with the residential
environment.
(1)
Commercial activities that operate drive-up windows, remote outdoor
speakers, interactive signs, menu boards or other similar devices
with speakers that permit customers or the general public to communicate
with personnel within the commercial building or other location on
the commercial property shall be at least 300 feet from the closer
of the residential zone boundary or from the nearest residential property
line, and if the time of operation begins before 9:00 a.m. or ends
after 5:00 p.m. the separation distance shall be at least 600 feet.
Substantial effective buffering against sound and light shall be provided
in either case. These setbacks may be waived by the Planning Board
during the site plan review process if the property abuts the Floodplain
Conservation District and it can be shown that there will be no sound
or light impact on residential use.
M.
Special exceptions. The following land uses shall be allowed if granted
a special exception by the Zoning Board of Adjustment:
(1)
Helicopters. A special exception may be granted for helicopter operations
for construction and survey work, where no other practical method
is available to do the work, and for special events such as the visit
of a dignitary, recreational events such as ski, tennis, equine or
golf events, or some other events of a short-term nature. No approval
for a special exception shall be granted unless the ZBA makes a finding
that the helicopter use will not constitute a nuisance or hazard to
Town residents and their property.
(2)
Wireless communication facilities. Wireless communication facilities
may be allowed by special exception in the Industrial-I (I1) District,
on application to the Zoning Board of Adjustment as approved after
a hearing with appropriate conditions imposed thereon, provided that:
(a)
Since the visual impact of wireless communication facilities can
transcend Town lines, communities that may be visually affected shall
be formally notified of applications for such proposed facilities
as projects having regional impact.
(b)
The applicant must demonstrate that every reasonable effort has been
made to cause the facility to have the least possible visual impact
on the Town at large, including demonstration of realistic analysis
of multiple sites, the need for the proposed height, and any impact
on significant roadside viewpoints.
(c)
Any wireless communication facility shall be designed to accommodate
multiple providers of communication services and will only be approved
under the condition that the primary developer of the facility will
make the facility available upon reasonable terms by lease or other
legal instruments to other wireless communication services.
(d)
The Board of Adjustment may request detailed plans from the applicant
and may, at the expense of the applicant, engage the services of professional
consultants to review and comment on the proposal, and testimony of
the applicants or their agents relating thereto.
[Amended 4-14-2015 ATM by Art. 2, Art. 3, Art. 4; 4-12-2016
ATM by Art. 2, Art. 3, Art. 4; 4-11-2017 ATM by Art. 2]
The I2 District is primarily designed to accommodate a compatible mixture of uses that complement light industrial and limited commercial uses. Hotels, motels and large retail uses are specifically prohibited in this district. Except for lots identified as 1997 Tax Map 5-10, Lots 39-1 through 12-39-32 and caretaker's residences, residential uses are prohibited in this district. This district is not currently serviced by municipal water and sewer and cannot accommodate higher development densities. Uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries.
(1)
The
I2 District shall have the following bounds (Map and Parcel numbers
refer to 2003 Town of Conway Tax Maps): commencing at a point on the
thread of Mason Brook 4,000 feet northerly of the center line of East
Conway Road; thence running southerly along the thread of Mason Brook
to the one-hundred-year floodplain; thence running westerly along
the one-hundred-year floodplain to the center line of Map 219, Parcel
211 (formerly the Maine Central Railroad); thence northwesterly along
the center line of Map 219, Parcel 211 (formerly the Maine Central
Railroad) to a point adjacent to the southeast corner of Map 252,
Parcel 42; thence northerly along the eastern boundary of Map 252,
Parcel 42 to the northwest corner of Map 252, Parcel 47; thence northerly
along the western boundary of Map 252, Parcel 48 to a point 4,000
feet from the center line of East Conway Road; thence running generally
easterly parallel with and 4,000 feet from East Conway Road to the
point of commencement.
(2)
District map. The I2 District Map is included as an attachment to this chapter.
B.
Lot size and density.
(1)
Minimum lot size in this district is two acres.
(2)
Lots serviced by a municipal water system and municipal sewerage
system shall have at least 1/2 acre for the first unit that may be
located thereon and at least 10,000 square feet for each additional
unit on the same lot.
(3)
Lots serviced by a municipal water system shall have at least 1/2
acre for each unit that may be located thereon.
C.
Frontage. All lots must front on a state or Town highway with a Class
I, II, III, IV or V classification, a private road constructed to
Town standards as required by the Planning Board or a Class VI road
proposed to be improved as stipulated by the Planning Board. To qualify
as frontage, the lot must have access rights to the subject highway
or road. The minimum distance for frontage on a road shall be:
D.
Setbacks. Within the I2 District, the minimum front setback shall
be 50 feet and the minimum side or rear setback shall be 30 feet.
Where the Industrial-2 District borders the RA District, or an industrial
lot borders an existing residential use or borders an approved residential
subdivision, a fifty-foot setback shall be required for that portion
of the industrial lot.
E.
Structure and building height. Structure height is restricted to
achieve several purposes. The Town is economically dependent upon
tourism and attracts visitors with its rural character and mountainous
setting. Maintaining the traditional scale and style of structures
aids in preserving the character of the Town. Peaked roofs are encouraged
because it is the traditional roof style in the Town. (Care has been
taken to prepare language which does not unduly encourage the use
of flat-roof buildings.) The height restriction keeps structures and
buildings below treetop level, which is typically from 60 feet to
100 feet for mature maple, beech, birch and pine trees. Structure
height below treetop level helps maintain the rural atmosphere and
preserve the viewsheds throughout the Town. In addition, the height
limit minimizes difficulty in providing fire protection. The following
shall apply throughout the Town:
(1)
Structure height shall not exceed 55 feet for any structure, except wind energy systems permitted in accordance with Chapter 179 of the Conway Code.
(2)
Building height shall not exceed 45 feet.
(3)
Church steeples may be allowed to exceed 55 feet in height by special
exception on application to the Zoning Board of Adjustment as approved
after a hearing with appropriate conditions imposed thereon, provided
that:
F.
Signs.
[Amended 4-10-2018 ATM
by Art. 3]
(1)
Sign content. The Town has no intention of restricting individual
free speech, but the Town does recognize its right to place reasonable
restrictions upon commercial speech. Further, the Town wishes to prevent
excessive or unnecessary signage along road corridors. In keeping
with this reasoning, off-site commercial signs shall be prohibited.
(2)
Freestanding sign. There shall be no more than one freestanding sign
per lot, except that where a lot fronts on two or more public rights-of-way
and has two entrances at least 500 feet apart, two freestanding signs
shall be permitted.
(a)
The size of the message area shall not exceed 40 square feet.
(b)
The height of the message area shall not exceed 15 feet above
the undisturbed ground.
(c)
The width of the message area shall not exceed 12 feet.
(d)
Setbacks.
[1]
The minimum setback shall be 25 feet from a platted right-of-way
and five feet from all other property boundaries.
[2]
Freestanding sign setbacks may be reduced to 10 feet from a
platted right-of-way if the size of the message area is reduced to
30 square feet maximum. All of the dimensional requirements, except
the size of the message area and the minimum front setback, shall
be required of these signs.
(e)
Projecting signs are not permitted in the I2 District.
(f)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[1]
For two or more businesses located in a single building or within
attached buildings and where the businesses share a common pedestrian
entrance, an additional freestanding sign may be permitted for use
as a directory sign, provided that the following conditions are met:
[a]
The sign shall be used only to identify and locate
businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The height of the message area shall not exceed
20 feet above the undisturbed ground;
[d]
The sign shall meet all setbacks; and
[e]
The additional wall sign permitted by special exception under Subsection F(3)(c)[2] is not used.
[2]
Where existing buildings are set back from the right-of-way less than the setback required for freestanding signs in Subsection F(1), the right-of-way setback of the freestanding sign may be reduced from 25 feet to any lesser amount down to five feet, provided that the following conditions are met:
[a]
The message area shall be reduced to not more than
20 square feet;
[b]
The sign shall not obstruct vehicular or pedestrian
traffic;
[c]
The sign shall not obstruct the line-of-sight for
traffic entering or exiting the site; and
[d]
The sign shall not unduly obstruct the visibility
of other signs or property in the area.
(g)
One appendage may be attached to a freestanding or projecting
sign, and the message area of this appendage shall be considered part
of the total message area of the sign. No appendage shall be permitted
on supports or directional signs.
(3)
Wall sign. For lots without multiple commercial tenants, each lot shall be permitted one wall sign. For lots with multiple commercial tenants, each commercial tenant shall be permitted one wall sign. All wall signs shall be located on a wall which is common to both the interior and exterior of the business identified by the sign. The height of the message area shall not exceed the greater of 20 feet from the undisturbed ground or a height equal to 75% of the total height of the building, nor shall it exceed the height of the wall to which it is attached. The message area of the wall sign shall be based on the following formulas, subject to increase by bonus granted per Subsection F(12)(c).
(a)
For floor areas up to and including 50,000 square feet, the
maximum message area shall be calculated as follows: 20 + (total square
feet floor area X 0.0016).
(b)
If the floor area of the business is greater than 50,000 square
feet, the maximum wall sign message area shall be 100 square feet.
A business with a floor area greater than 50,000 square feet shall
be permitted one additional wall sign if it has two or more exterior
public or customer entrances, excluding emergency entrances, that
are at least 20 feet apart. The message area of the second wall sign
shall not exceed 20 square feet.
(c)
The Zoning Officer may approve the following:
[Amended 4-9-2019 ATM by Art. 3]
[1]
For a major business in a shopping center or mall that does
not have wall frontage facing its primary parking lot, one additional
wall sign may be permitted, provided that the following conditions
are met:
[2]
For two or more businesses located in a single building or within
attached buildings and where the businesses share a common pedestrian
entrance, an additional wall sign may be permitted, subject to the
following:
[a]
The sign shall be used only to identify and locate
the businesses within;
[b]
The message area shall not exceed 12 square feet;
[c]
The sign shall be located immediately adjacent
to the common entrance; and
[d]
The additional freestanding sign permitted by special exception under Subsection F(2)(f)[1] is not used.
(4)
Signs in platted ROW. Except as otherwise permitted below, no signs
shall be permitted within any platted right-of-way:
(5)
Temporary event signage. In addition to signage otherwise permitted
herein, temporary events may display up to 20 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(6)
Special event signage. In addition to signage otherwise permitted
herein, special events may display up to 40 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(7)
Signs exempt from property line setbacks and no permit required:
(a)
Signs with a message area of one square foot or less which bear
only property numbers, post office numbers, names of occupants of
the premises, other noncommercial identification, or with one of the
following messages: "open"; "closed"; "vacancy"; or "no vacancy."
(b)
Directional signs with a message area of four square feet or
less, to indicate entrance and/or exit driveways.
(c)
Business name and directional signs with a message area of three
square feet or less which are located over doorways. Such signs may
project from the wall surface.
(d)
One portable A-frame sign per lot of record is permitted in
the district. It may be displayed during business hours only, it shall
have a message area of six square feet or less, no illumination of
the sign is permitted, and no appendages to the sign are permitted.
(e)
Window signs with a sign area that does not exceed 50% of the
window area are permitted. Window signage that exceeds 50% of the
window area is prohibited.
(f)
Non-illuminated sign advertising the sale or lease of the premises
upon which the sign is located, with a message area of 16 square feet
or less.
[Amended 5-12-2020 ATM by Art. 5]
(g)
Special promotional signs for special events as approved by
the Board of Selectmen with a message area of 40 square feet or less.
(i)
A home occupation may display a non-illuminated outdoor sign
not exceeding three square feet in size.
(8)
Signs subject to property line setbacks and no permit required:
(9)
Permit required for all other signs.
(a)
Sign application process. Any action requiring a sign permit
shall be permitted only upon the application to and approval of the
Zoning Officer. Applications shall use the following process:
[1]
An application form for each sign shall be completed and signed
by the owner of the property.
[2]
A complete application shall also include the following:
[a]
Fee as set from time to time by the Board of Selectmen;
[b]
Written description of the proposed type, size,
height, setback, sign and supporting structure materials, and illumination
of the sign;
[c]
Statement specifically addressing compliance with
off-site commercial sign restrictions; and
[d]
Analysis regarding impact of safety, specifically
addressing lighting/glare and line-of-sight blockage for vehicles
and pedestrians.
[3]
Upon receipt of a complete application, the Zoning Officer shall
have up to 14 days to either approve or deny the application.
[4]
If the application is denied, the Zoning Officer shall issue
a written decision stating the reason(s) for denial.
[5]
If the application is approved, the Zoning Officer shall issue
an approval for the erection of a sign. The sign permit is valid for
one year from date of approval. If the sign is not erected within
one year, the permit shall expire.
(10)
Design standards. The following design standards shall be required
to ensure compliance with the intent of these regulations:
(a)
Illumination. Signs shall not be illuminated from within; signs
may be illuminated only by external light. Lighting shall be affixed
to and, for dimensional purposes, considered part of the sign structure.
Lighting shall be located, directed and/or shielded such that it only
sheds light downward and is limited to the message display area. The
lighting sources shall be of white light and be energy-efficient fixtures
when possible. Fixtures shall be located, directed and/or shielded
such that no direct light emissions are visible at any point along
the property boundary, nor shall they be distracting to vehicular
traffic.
(b)
Neon. Neon lighting shall be prohibited.
(c)
Motion. Moving signs, or signs which give the appearance of
motion, shall be prohibited.
(d)
Flashing/blinking. Flashing, blinking, alternating-type or digital-type
lighting such as a digital message board shall be prohibited.
(e)
Structural supports and base. The support and base structure
of a sign shall not exceed 50% of the maximum permitted message area
of the sign. Such supports and base shall be measured on the single
side or face having the greatest surface area. If the sign structural
supports and base are made of wood, brick and/or stone, with only
incidental use of other materials, the structure/base size limit shall
be increased to 100% of the maximum permitted message area of the
sign. The top of the supporting structure of a freestanding sign shall
extend no farther above the top of the message area than 1/3 of the
maximum permitted height of the message area.
(f)
No sign shall project over a street or sidewalk, except for
projecting signs as permitted herein.
(g)
No sign shall be placed in such a position as to endanger vehicular
or pedestrian traffic by obstructing a clear view, by causing confusion
with government signs and signals, or by any other means.
(11)
Movable signs. Movable signs shall be prohibited. No vehicle,
including parts thereof, trailers, and other accessories, shall be
used as a means of circumventing the purpose and intent of this chapter.
A vehicle displaying a commercial message which is licensed, registered
and inspected shall be exempt from these sign regulations if it is
regularly and customarily used to transport persons or property for
the business.
(12)
Flags, banners, pennants, etc.
(a)
In addition to the signs otherwise permitted by this chapter,
there may be displayed, on any lot, up to three flags displaying any
otherwise legal symbol, message or information, commercial or noncommercial;
except that off-site commercial flags shall be restricted as set forth
in this chapter. No such flag shall exceed 24 square feet measured
by one face of the flag only. Any such flag shall be mounted directly
to one flagpole. A "flagpole" is a pole intended and placed solely
for the support and display of a flag or flags, and does not include
utility poles, light poles, trees or other sign structures. All flagpoles
shall be erected vertically, or within 45° of the vertical. No
portion of any flagpole shall be sited within 10 feet of a property
line. No flagpole shall extend more than 35 feet in height above grade
or, if mounted on a building, 55 feet above the average finished grade
of the building.
(b)
Banners, feather flags, pennants, searchlights, twirling signs,
balloons or other gas-filled figures, and other such materials shall
be prohibited, except as specified herein.
(c)
This subsection shall not be construed to prevent any sign otherwise
permitted by this chapter, and which conforms to all sign requirements
of this chapter, from taking the form of a flag or other fabric. Banners
may be used to cover part or all of an existing freestanding, projecting
or wall sign to advertise temporary events. The net effect of this
activity shall not increase the message area of any permitted sign
or signs.
(13)
Maintenance. All surfaces and supporting structures of signs,
whether erected prior to the effective date of this chapter or not,
shall be maintained in a safe and sightly condition to the satisfaction
of the Board of Selectmen or its authorized agent. A permit is required
for any maintenance except the following: repainting; other surface
renewal; or change of message on the same surface.
(14)
Sign incentives. The purpose of these sign incentives is to
reduce visual clutter and distraction from the natural environment
caused by signs. This system offers design and size bonuses as a means
of encouraging certain site and sign designs.
(a)
Any freestanding, projecting or wall sign which conforms to
all provisions of this chapter shall be permitted to utilize up to
20% of the maximum permitted message area for changeable copy.
(b)
A freestanding sign which conforms to all provisions of this
chapter shall be permitted to increase its message area by up to 20
square feet above that otherwise permitted under this chapter if the
lot has at least 300 feet but less than 500 feet of frontage on a
Class V or better road; or by up to 40 square feet above that otherwise
permitted under this chapter if the lot has 500 feet or more of frontage
on a Class V or better road. In no case, however, shall such increases
cause any sign message area to exceed 80 square feet. The applicant
shall submit a satisfactory written declaration, to be recorded at
the Carroll County Registry of Deeds, in which the owner, its heirs,
successors and assigns agree that, if the frontage of the property
is subsequently reduced below that amount required for the bonus granted,
the sign shall be removed or replaced with a sign which fully conforms
with the provisions of this chapter; and that no subdivision of a
lot shall be permitted unless a freestanding sign erected under this
provision continues to conform to this provision; and such agreement
must be legally enforceable by the Town of Conway.
G.
Restrictions regarding home occupations. A home occupation is considered
accessory to a residential use and shall not occupy an area greater
than 50% of the total floor area of the residential unit or 1,500
square feet, whichever is less. Home occupations are subject to the
following provisions and restrictions:
(1)
The home occupation shall be carried on by persons who live in the
principal residential unit full time. Two employees living off-premises
are permitted.
(2)
The home occupation shall be carried on within the principal residential
unit or an approved accessory structure.
(3)
Exterior storage of commercial vehicles, equipment or materials or
variation from the residential character of the principal residential
unit shall not be permitted.
(4)
The home occupation shall create no unreasonable noise, vibration,
smoke, dust, electrical disturbance, odors, heat, glare or other nuisance
or threat to the health of the abutters.
(5)
Adequate off-street parking shall be provided.
(6)
A home occupation shall not generate excessive traffic or traffic
in greater volumes than would normally be expected in a residential
neighborhood.
(7)
A home occupation may display a sign conforming to Subsection F(7)(l)
above.
(8)
A change-of-use permit to operate a home occupation is required before
startup of operation.
(9)
Retail or wholesale sales are only permitted for those items raised
or made on the premises.
(10)
A home occupation shall not be offensive to the character of
the neighborhood or decrease abutting property values.
H.
Farm and nursery stands. Farm and nursery stands for selling indigenous
produce or plants are considered temporary structures and are permitted,
provided that:
(2)
Three off-street parking spaces shall be required to be provided
for structures up to 100 square feet in size. Additional parking shall
be required at the rate of one space per 200 square feet over 100
square feet.
(3)
Wall signs shall not exceed 10 square feet in size. One portable
A-frame sign per lot, not to exceed six square feet, shall be allowed
to be displayed during business hours only.
(4)
All structures, parking areas and signs shall meet the setback requirements
established herein.
I.
Yard sales. Yard sales shall be permitted, provided that no one household
holds sales on more than six days per calendar year.
J.
Mobile homes, travel trailers and recreational vehicles.
(1)
A mobile home, travel trailer or recreational vehicle may be permitted
on the site of a construction project for one year, provided that
it is a necessary convenience for the construction project and that
no public safety or health hazards shall be created.
(2)
One travel trailer or recreational vehicle may be stored on a lot,
provided that it is accessory to a permitted residential use on the
subject property and not utilized for dwelling purposes. Travel trailers
and recreational vehicles shall not be stored on vacant lots.
(3)
All mobile homes permitted under this subsection must be connected
to a sewerage system and water source, both meeting minimum local
and State of New Hampshire standards, as applicable and then promulgated;
such systems shall be approved by the Selectmen or their designated
agent and be maintained so as not to cause a health or sanitation
hazard.
K.
Commercial amusements. Because the Town wishes to maintain a character
which protects the long-term, high-quality environment, which will
ultimately protect tourism in the valley, commercial amusements are
hereby regulated to prevent adverse impacts on the Town's character
and environment. All commercial amusements on a lot shall be located
within an enclosed building, and the following shall apply:
(1)
Commercial amusements may occupy 10% or less of the floor space of
a business in any business district, by permit of the Zoning Officer
and without site plan review by the Planning Board.
(2)
Commercial amusements may occupy more than 10% of the floor space
of a business in any business district, subject to the condition that
no noise, light or other adverse impact outside the building shall
be caused by the amusements or their use. Site plan review approval
by the Planning Board shall be required.[3]
L.
Outdoor commercial activities such as drive-up windows, remote outdoor
speaker systems, interactive signs, menu boards or other similar devices
with speakers, any of which operate in close proximity to residential
property, constitute a nuisance due to unconfined noise and light,
as well as operating hours that are not compatible with the residential
environment.
(1)
Commercial activities that operate drive-up windows, remote outdoor
speakers, interactive signs, menu boards or other similar devices
with speakers that permit customers or the general public to communicate
with personnel within the commercial building or other location on
the commercial property shall be at least 300 feet from the closer
of the residential zone boundary or from the nearest residential property
line, and if the time of operation begins before 9:00 a.m. or ends
after 5:00 p.m. the separation distance shall be at least 600 feet.
Substantial effective buffering against sound and light shall be provided
in either case. These setbacks may be waived by the Planning Board
during the site plan review process if the property abuts the Floodplain
Conservation District and it can be shown that there will be no sound
or light impact on residential use.
M.
Special exceptions. The following land uses shall be allowed if granted
a special exception by the Zoning Board of Adjustment:
(1)
Helicopters. A special exception may be granted for helicopter operations
for construction and survey work, where no other practical method
is available to do the work, and for special events such as the visit
of a dignitary, recreational events such as ski, tennis, equine or
golf events, or some other events of a short-term nature. No approval
for a special exception shall be granted unless the ZBA makes a finding
that the helicopter use will not constitute a nuisance or hazard to
Town residents and their property.
(2)
Wireless communication facilities. Wireless communication facilities
may be allowed by special exception in the Industrial-2 (I2) District,
on application to the Zoning Board of Adjustment as approved after
a hearing with appropriate conditions imposed thereon, provided that:
(a)
Since the visual impact of wireless communication facilities can
transcend Town lines, communities that may be visually affected shall
be formally notified of applications for such proposed facilities
as projects having regional impact.
(b)
The applicant must demonstrate that every reasonable effort has been
made to cause the facility to have the least possible visual impact
on the Town at large, including demonstration of realistic analysis
of multiple sites, the need for the proposed height, and any impact
on significant roadside viewpoints.
(c)
Any wireless communication facility shall be designed to accommodate
multiple providers of communication services and will only be approved
under the condition that the primary developer of the facility will
make the facility available upon reasonable terms by lease or other
legal instruments to other wireless communication services.
(d)
The Board of Adjustment may request detailed plans from the applicant
and may, at the expense of the applicant, engage the services of professional
consultants to review and comment on the proposal, and testimony of
the applicants or their agents relating thereto.
(e)
Major site plan approval must be obtained from the Planning Board.
The RR District is primarily designed facilitate convention centers, sports and athletic facilities, visual and performing arts, residential and agricultural uses. Excavations are prohibited in this district. The district is generally without municipal sewer service and is not yet appropriate for development at higher densities. Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries and map.
(1)
District
boundaries: Beginning at a point on the southerly side line of Hurricane
Mountain Road, where the same is intersected by the easterly line
of the Kearsarge Lighting Precinct; and from said beginning point
running thence southerly and westerly along the Kearsarge Lighting
Precinct boundary to a point where the same is intersected by the
easterly line of Old Bartlett Road; thence southerly along the easterly
line of Old Bartlett Road to a point on the southerly side of Skimobile
Road; thence southerly on the same course as the easterly line of
Old Bartlett Road to the easterly line of the power transmission-line
right-of-way;
thence southerly along the easterly line of said power-transmission-line
right-of-way to the southerly side of Thompson Road; thence S 72 50'
E along the southerly side of Thompson Road to Thompson Road right-of-way
monument No. 9; thence continuing S 72 50' E to a point 100 feet easterly
of the height of land which extends between Middle Mountain, Black
Cap and Hurricane Mountain; thence in a general northerly direction,
parallel with said height of land and 100 feet easterly thereof to
southerly side of Hurricane Mountain Road; thence westerly along the
southerly side of Hurricane Mountain Road to the point and place of
beginning.
(2)
District map. The RR District Map is included as an attachment to this chapter.
B.
Lot size and density.
(1)
Lots serviced by a municipal water system and municipal sewerage
system shall have at least 1/2 acre for the first unit that may be
located thereon and at least 10,000 square feet for each additional
unit on the same lot.
(2)
Lots serviced by a municipal water system shall have at least 1/2
acre for each unit that may be located thereon.
(3)
All other lots shall have at least one acre for each unit that may
be located thereon.
(4)
Special exceptions.
[Amended 4-10-2018 ATM
by Art. 2]
(a)
In order to preserve and safeguard Conway's older homes, but
also allow for their conversion to multifamily dwellings, the Zoning
Board of Adjustment may grant special exceptions for residential structures
and accessory structures on the same conforming lot, provided that:
[1]
Substantially all of the structure was constructed prior to
1930.
[2]
Modification of the interior does not exceed four units.
[3]
No significant changes to the exterior lines or architectural
detail are made which would diminish the historical or architectural
heritage of the structure.
[4]
Adequate area is available for parking and sewage disposal.
[5]
Accessory structures must have at least 300 square feet of living
space per unit suitable for conversion to a dwelling unit and not
conflict with the purpose and intent of this section.
(b)
In order to help provide year-round rental housing, the Zoning
Board of Adjustment may grant a special exception for one accessory
dwelling unit as an accessory use to a single-family dwelling on any
size lot, subject to the following conditions:
[Amended 4-9-2019 ATM
by Art. 2]
[1]
The accessory dwelling unit is designed to ensure architectural
compatibility with the neighborhood.
[2]
Sufficient parking is located on site.
[4]
Both the primary single-family dwelling and the accessory dwelling
unit shall be used for long-term residency, and short-term transient
occupancy of either dwelling unit is prohibited.
C.
Frontage. All lots must front on a state or Town highway with a Class
I, II, III, IV or V classification, a private road constructed to
Town standards as required by the Planning Board or a Class VI road
proposed to be improved as stipulated by the Planning Board. To qualify
as frontage, the lot must have access rights to the subject highway
or road. The minimum distance for frontage on a road shall be:
D.
Setbacks. The minimum front setback shall be 25 feet and the minimum
side or back setback shall be 15 feet.
E.
Structure and building height. Structure height is restricted to
achieve several purposes. The Town is economically dependent upon
tourism and attracts visitors with its rural character and mountainous
setting. Maintaining the traditional scale and style of structures
aids in preserving the character of the Town. Peaked roofs are encouraged
because it is the traditional roof style in the Town. (Care has been
taken to prepare language which does not unduly encourage the use
of flat-roof buildings.) The height restriction keeps structures and
buildings below treetop level, which is typically from 60 feet to
100 feet for mature maple, beech, birch and pine trees. Structure
height below treetop level helps maintain the rural atmosphere and
preserve the viewsheds throughout the Town. In addition, the height
limit minimizes difficulty in providing fire protection. The following
shall apply throughout the Town:
(1)
Structure height shall not exceed 55 feet for any structure, except wind energy systems permitted in accordance with Chapter 179 of the Conway Code.
[Amended 4-11-2017 ATM by Art. 2]
(2)
Building height shall not exceed 45 feet.
(3)
Wireless communication facilities may be allowed to exceed 55 feet
in height by special exception on application to the Zoning Board
of Adjustment as approved after a hearing with appropriate conditions
imposed thereon, provided that the height is necessary to fulfill
its function.
(4)
Church steeples may be allowed to exceed 55 feet in height by special
exception on application to the Zoning Board of Adjustment as approved
after a hearing with appropriate conditions imposed thereon, provided
that:
F.
Signs.
[Amended 4-14-2015 ATM
by Arts. 2, 3 and 4; 4-12-2016 ATM by Arts. 2 and 4; 4-11-2017 ATM by Art. 2; 4-10-2018 ATM
by Art. 3]
(1)
Sign setbacks. Signs shall be set back a minimum of five feet from
a platted right-of-way, and signs shall be set back a minimum of 15
feet from all other property boundaries.
(2)
Each lot in the district shall be entitled to 12 square feet of commercial
or nonresidential sign message area.
(3)
Maximum sign height shall be eight feet.
(4)
In addition to the above signage provisions, every lot shall be entitled
to one sign not exceeding one square foot in surface area placed in
any of the following locations:
(5)
Sign content. The Town has no intention of restricting individual
free speech, but the Town does recognize its right to place reasonable
restrictions upon commercial speech. Further, the Town wishes to prevent
excessive or unnecessary signage along road corridors. In keeping
with this reasoning, off-site commercial signs shall be prohibited.
(6)
Signs in platted ROW. Except as otherwise permitted below, no signs
shall be permitted within any platted right-of-way:
(7)
Temporary event signage. In addition to signage otherwise permitted
herein, temporary events may display up to 20 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(8)
Special event signage. In addition to signage otherwise permitted
herein, special events may display up to 40 square feet of additional
signage and that signage may be in the form of banners. Such signage
shall comply with the following dimensional restrictions:
(9)
Permit required for all nonresidential signs exceeding six square
feet in message area.
(a)
Sign application process. Any action requiring a sign permit
shall be permitted only upon the application to, and approval of,
the Zoning Officer. Applications shall use the following process:
[1]
An application form for each sign shall be completed and signed
by the owner of the property.
[2]
A complete application shall also include the following:
[a]
Fee as set from time to time by the Board of Selectmen;
[b]
Written description of the proposed type, size,
height, setback, sign and supporting structure materials, and illumination
of the sign;
[c]
Statement specifically addressing compliance with
off-site commercial sign restrictions; and
[d]
Analysis regarding impact of safety, specifically
addressing lighting/glare and line-of-sight blockage for vehicles
and pedestrians.
[3]
Upon receipt of a complete application, the Zoning Officer shall
have up to 14 days to either approve or deny the application.
[4]
If the application is denied, the Zoning Officer shall issue
a written decision stating the reason(s) for denial.
[5]
If the application is approved, the Zoning Officer shall issue
an approval for the erection of a sign. The sign permit is valid for
one year from date of approval. If the sign is not erected within
one year, the permit shall expire.
(10)
Design standards. The following design standards shall be required
to ensure compliance with the intent of these regulations:
(a)
Illumination. Signs shall not be illuminated from within; signs
may be illuminated only by external light. Lighting shall be affixed
to and, for dimensional purposes, considered part of the sign structure.
Lighting shall be located, directed and/or shielded such that it only
sheds light downward and is limited to the message display area. The
lighting sources shall be of white light and be energy-efficient fixtures
when possible. Fixtures shall be located, directed and/or shielded
such that no direct light emissions are visible at any point along
the property boundary, nor shall they be distracting to vehicular
traffic.
(b)
Neon. Neon lighting shall be prohibited.
(c)
Motion. Moving signs, or signs which give the appearance of
motion, shall be prohibited.
(d)
Flashing/blinking. Flashing, blinking, alternating-type or digital-type
lighting, such as a digital message board, shall be prohibited.
(e)
Structural supports and base. The support and base structure
of a sign shall not exceed 50% of the maximum permitted message area
of the sign. Such supports and base shall be measured on the single
side or face having the greatest surface area. If the sign structural
supports and base are made of wood, brick and/or stone, with only
incidental use of other materials, the structure/base size limit shall
be increased to 100% of the maximum permitted message area of the
sign. The top of the supporting structure of a freestanding sign shall
extend no farther above the top of the message area than 1/3 of the
maximum permitted height of the message area.
(f)
No sign shall project over a street or sidewalk, except for
projecting signs as permitted herein.
(g)
No sign shall be placed in such a position as to endanger vehicular
or pedestrian traffic by obstructing a clear view, by causing confusion
with government signs and signals, or by any other means.
(11)
Movable signs. Movable signs shall be prohibited. No vehicle,
including parts thereof, trailers, and other accessories, shall be
used as a means of circumventing the purpose and intent of this chapter.
A vehicle displaying a commercial message which is licensed, registered
and inspected shall be exempt from these sign regulations if it is
regularly and customarily used to transport persons or property for
the business.
(12)
Flags, banners, pennants, etc.
(a)
In addition to the signs otherwise permitted by this chapter,
there may be displayed, on any lot, up to three flags displaying any
otherwise legal symbol, message or information, commercial or noncommercial;
except that off-site commercial flags shall be restricted as set forth
in this chapter. No such flag shall exceed 24 square feet measured
by one face of the flag only. Any such flag shall be mounted directly
to one flagpole. A "flagpole" is a pole intended and placed solely
for the support and display of a flag or flags, and does not include
utility poles, light poles, trees or other sign structures. All flagpoles
shall be erected vertically or within 45° of the vertical. No
portion of any flagpole shall be sited within 10 feet of a property
line. No flagpole shall extend more than 35 feet in height above grade
or, if mounted on a building, 55 feet above the average finished grade
of the building.
(b)
Banners, feather flags, pennants, searchlights, twirling signs,
balloons or other gas-filled figures, and other such materials shall
be prohibited, except as specified herein.
(c)
This subsection shall not be construed to prevent any sign otherwise
permitted by this chapter, and which conforms to all sign requirements
of this chapter, from taking the form of a flag or other fabric. Banners
may be used to cover part or all of an existing freestanding, projecting
or wall sign to advertise temporary events. The net effect of this
activity shall not increase the message area of any permitted sign
or signs.
(13)
Maintenance. All surfaces and supporting structures of signs,
whether erected prior to the effective date of this chapter or not,
shall be maintained in a safe and sightly condition to the satisfaction
of the Board of Selectmen or its authorized agent. A permit is required
for any maintenance except the following: repainting; other surface
renewal; or change of message on the same surface.
G.
Restrictions regarding home occupations. A home occupation is considered
accessory to a residential use and shall not occupy an area greater
than 50% of the total floor area of the residential unit or 1,500
square feet, whichever is less. Home occupations are subject to the
following provisions and restrictions:
(1)
The home occupation shall be carried on by persons who live in the
principal residential unit full time. Two employees living off-premises
are permitted.
(2)
The home occupation shall be carried on within the principal residential
unit or an approved accessory structure.
(3)
Exterior storage of commercial vehicles, equipment or materials or
variation from the residential character of the principal residential
unit shall not be permitted.
(4)
The home occupation shall create no unreasonable noise, vibration,
smoke, dust, electrical disturbance, odors, heat, glare or other nuisance
or threat to the health of the abutters.
(5)
Adequate off-street parking shall be provided.
(6)
A home occupation shall not generate excessive traffic or traffic
in greater volumes than would normally be expected in a residential
neighborhood.
(7)
A home occupation may display a sign conforming to Subsection F(10)(l)
above.
[Amended 4-11-2017 ATM by Art. 2]
(8)
A change-of-use permit to operate a home occupation is required before
startup of operation.
(9)
Retail or wholesale sales are only permitted for those items raised
or made on the premises.
(10)
A home occupation shall not be offensive to the character of
the neighborhood or decrease abutting property values.
H.
Farm and nursery stands. Farm and nursery stands for selling indigenous
produce or plants are considered temporary structures and are permitted,
provided that:
(2)
Three off-street parking spaces shall be required to be provided
for structures up to 100 square feet in size. Additional parking shall
be required at the rate of one space per 200 square feet over 100
square feet.
(3)
Wall signs shall not exceed 10 square feet in size. One portable
A-frame sign per lot, not to exceed six square feet, shall be allowed
to be displayed during business hours only.
(4)
All structures, parking areas and signs shall meet the setback requirements
established herein.
I.
Yard sales. Yard sales shall be permitted, provided that no one household
holds sales on more than six days per calendar year.
[Amended 4-11-2017 ATM by Art. 2]
J.
Mobile homes, travel trailers and recreational vehicles. One mobile
home used as a residential unit is permitted on a lot in the district.
[Amended 4-12-2016 ATM by Art. 3; 4-11-2017 ATM by Art. 2]
(1)
A mobile home, travel trailer or recreational vehicle may be permitted
on the site of a construction project for one year, provided that
it is a necessary convenience for the construction project and that
no public safety or health hazards shall be created.
(2)
One travel trailer or recreational vehicle may be stored on a lot,
provided that it is accessory to a permitted residential use on the
subject property and not utilized for dwelling purposes. Travel trailers
and recreational vehicles shall not be stored on vacant lots.
(3)
All mobile homes permitted under this subsection must be connected
to a sewerage system and water source, both meeting minimum local
and State of New Hampshire standards, as applicable and then promulgated;
such systems shall be approved by the Selectmen or their designated
agent and be maintained so as not to cause a health or sanitation
hazard.
K.
Special exceptions. The following land uses shall be allowed if granted
a special exception by the Zoning Board of Adjustment:
(1)
Nursing homes. In order to protect existing property owners in the
district against a new use nearby which may be incompatible or undesirable
but also allow for nursing homes with acceptable accessory commercial
uses such as gift shops, flower shops and candy shops, which are restricted
to on-premises facilities, the Zoning Board of Adjustment may grant
a special exception for nursing homes in the district, provided that:
[Amended 4-11-2017 ATM by Art. 2]
(a)
The nursing home development is architecturally compatible with
the surrounding neighborhood;
(b)
Traffic access to and from the development will not alter the
character of the neighborhood;
(c)
Lighting will be of such design as not to disturb the tranquility
of the neighborhood;
(d)
Outpatient and day-care facilities operate during reasonable
hours;
(e)
The facility will not operate as a crisis center for drug addiction,
alcoholism or the mentally disturbed;
(f)
Accessory commercial space on the premises for the sole purpose
of the nursing home occupants and employees will be operated and managed
by the nursing home owners, and the same space will not be leased
to outside businesses;
(g)
The nursing home structure shall not exceed two stories in height
above grade;
(h)
The maximum density allowed is 16 beds per acre; and
(i)
The land to be developed for such use contains no less than
five acres.
(2)
Charitable fund-raising events. A special exception may be granted
for charitable fund-raising events operated by or on behalf of nonprofit
organizations having a federal tax exemption, provided that:
(3)
Private educational facilities. A special exception may be granted
to permit private educational facilities, with or without accessory
uses, provided that:
(a)
Traffic access to and from the facility will not alter the character
of the abutting residential neighborhood;
(b)
The development is architecturally compatible with the height,
scale, color and detail of the surrounding residential neighborhood;
and
(c)
The proposed facility will not adversely affect abutting properties
by reason of undue light, noise, density of use, or other nuisance.
(4)
Day-care centers. A special exception may be granted to home-based
day-care centers serving seven people to 15 people and other non-home-based
centers, regardless of the number of people served, provided that:
(a)
Traffic access to and from the development will not alter the
character of the abutting residential neighborhood;
(b)
The development is architecturally compatible with the height,
scale, color and detail of the surrounding residential neighborhood;
(c)
Site plan approval or a site plan exemption is granted by the
Planning Board; and
(d)
The size of the lot is appropriate to provide green space and
play areas.
(5)
Commercial golf facilities. A special exception may be granted for
traditionally full-sized golf courses and those accessory uses traditionally
associated with this primary use, such as a clubhouse with a lounge
and restaurant facility, professional shop, golf practice range, tennis
courts and swimming pools, but not to include miniature golf, provided
that:
(a)
The specific site is an appropriate location for such use, not
only in context with the land to be dedicated to such use but in context
with the surrounding land uses as well. The applicant shall dedicate
a specific parcel(s) to the proposed facility, which shall not be
used for residential density. In order to determine this, the following
criteria shall be evaluated:
[1]
Property values. The applicant shall present information by
a certified appraiser indicating that there will be no negative impact
on abutting properties as a result of the proposed special exception;
[2]
Traffic. No traffic hazard will be created and traffic access
will not alter the character of the neighborhood. The main access
point shall be from an arterial or collector and not from neighborhood
streets. The Zoning Board of Adjustment may consider the comments
of the Town Planning Director in evaluating the traffic study. A traffic
study shall be completed that shows the impact of the proposed development
in its entirety on the nearest signalized intersection(s). For intersections
that are of an overall level of service (herein "LOS") C or better,
the LOS at the nearest signalized intersection(s) shall not fall below
LOS C during the a.m. and p.m. peak hours as a result of the development.
If LOS C cannot be maintained, the applicant shall make such changes
as are necessary to bring the intersection to LOS C, provided that
such improvements are acceptable to the Zoning Board of Adjustment.
The applicant may choose to reduce the development so as to produce
an acceptable LOS. If the LOS is already below C (D, E or F), the
project shall only be approved if the LOS is brought up to D. The
applicant may choose to reduce the development so as to produce an
acceptable LOS;
[Amended 4-11-2017 ATM by Art. 2]
[3]
Nuisances; hazards. The Zoning Board of Adjustment shall review
the operation of the development, including noise, odors and any hazards
associated with the use and location. If the Zoning Board of Adjustment
determines that any hazards or nuisances cannot be overcome and are
not customarily found in a residential neighborhood, the proposed
use shall be denied;
[4]
Adequacy of private/municipal facilities. The Zoning Board of
Adjustment shall review the proposed facilities, including drainage,
sewer/septic, water, electric and other utilities, to ensure adequate
provisions to meet the needs of the proposed development. It may consider
the opinion of the Town Engineer in making this determination;
[5]
Design and architecture. The design and architecture of the
proposed structure shall be reviewed by the Zoning Board of Adjustment
to determine its compatibility with abutting residential structures.
The scale, height, color and detail shall be similar to and/or aesthetically
compatible with residential structures;
[6]
Lighting. The lighting plan shall be submitted to the Zoning
Board of Adjustment for approval. No direct glare shall be permitted.
Parking areas and walkways may be illuminated by luminaires so hooded
or shielded as to not extend significantly beyond the parking and
walkway areas;
[7]
Hours of operation. Hours of operation will be appropriate so
as to not interfere with the abutting residential neighborhood by
means of excess traffic in off-peak hours, unscreened lighting that
disturbs residential uses and other factors that make the facility
different from a residential neighborhood;
[8]
Buffer. A perimeter buffer area adjacent to all abutting properties
shall be left undisturbed if wooded and, if open, shall be planted
with dense evergreen plantings. It shall be 100 feet in depth at a
minimum unless a greater buffer is required by the Zoning Board of
Adjustment due to the intensity of the use and interference with adjacent
properties; and
[Amended 4-11-2017 ATM by Art. 2]
(6)
Resort hotel. A special exception may be granted for a resort hotel
and those uses traditionally associated with this use, provided that:
(a)
The resort hotel is constructed on and in conjunction with a
commercial golf facility or with another recreational/resort use on
the supporting acreage;
(b)
The minimum lot size for the lot supporting the combined commercial
golf course and resort hotel shall be 200 acres, exclusive of that
acreage that falls within the Wetlands Conservation District;
(c)
To the extent not previously satisfied in an approval for a
commercial golf facility, the resort hotel and its site will comply
with all of the conditions required for a commercial golf facility;
(d)
In addition to the buffer area required for commercial golf
courses, the resort hotel building(s) shall be set back no closer
than 100 feet to the boundary line of any other unaffiliated lot (An
"unaffiliated lot or roadway" is a lot or roadway not owned or controlled
by the applicant or its principals.); and
[Amended 4-12-2016 ATM by Art. 6]
(e)
The number of guest rooms in the resort hotel will be dependent
upon the acreage allocated to the combined facility/resort hotel lot,
at a ratio of two acres per guest room.
(7)
Post offices. A special exception may be granted to permit a publicly
or privately owned post office, provided that:
(a)
Traffic access to and from the site will not alter the character
of the abutting residential neighborhood;
(b)
The post office is architecturally compatible with the surrounding
residential district;
(c)
The proposed facility will not adversely affect abutting properties
by reason of undue light, noise, density of use or decreased property
values;
(d)
No portion of the building may be used for any purpose other
than a post office;
(e)
At such time as the facility ceases to be used as a post office,
the building and improvements shall either be razed or converted to
a use allowed in the district; and
(f)
The minimum dimensional lot requirements (lot size, setbacks,
frontage, etc.) may be increased by either the Zoning Board of Adjustment
or the Planning Board if it is found that the aforementioned criteria
cannot be met using minimum dimensional requirements.
(8)
Heliports. A special exception may be granted to permit heliports
as a private/business accessory use. The requirement for a special
exception to be granted under this section shall not be applied to
the use of helicopters, or any other type of aircraft, being used
on a temporary basis for such purposes as emergency response, medical
necessity, ongoing construction projects that have been permitted
by the Town of Conway, or temporary (fewer than seven days) news media
coverage. Before a special exception for a heliport can be granted
by the Zoning Board of Adjustment, the following conditions must be
met:
(a)
The use of the site for a heliport shall not be offensive to
the character of the neighborhood;
(b)
The use of the site for a heliport shall not decrease abutting
property values. Evidence supporting property values must be submitted
by any party with an interest in the granting of the special exception
from a creditable source that is knowledgeable of land evaluation
and property values;
(c)
Any site being considered to contain a heliport must be, at
a minimum, five acres in size;
(d)
Other site dimensions, above and beyond the overall acreage
requirement listed above, shall be sufficient to provide safety areas
suitable to meet all FAA-suggested dimensions and requirements;
(e)
Before the Zoning Board considers any application for a special
exception for this land use, all federal and state approvals which
are required must be obtained by the applicant, with copies of these
approvals submitted as part of the request for a special exception;
and
(f)
A major site plan approval shall be required of the applicant
from the Planning Board for the heliport, which is accessory to an
approved business. As a condition for the granting of the special
exception, no use of the heliport may be engaged by the applicant
until all conditions of the special exception, including a major site
plan approval, have been satisfied by the applicant.[5]
(9)
A special exception may be granted for helicopter operations for
construction and survey work, where no other practical method is available
to do the work, and for special events such as the visit of a dignitary,
recreational events such as ski, tennis, equine or golf events, or
some other events of a short-term nature. No approval for a special
exception shall be granted unless the ZBA makes a finding that the
helicopter use will not constitute a nuisance or hazard to Town residents
and their property.
(10)
Business development parks. A special exception may be granted
for a business development park that provides educational and technical
assistance as well as incubation space and infrastructure for new
and existing business development, including roads, buildings, and
other necessary infrastructure within the district, provided the following
conditions are satisfied:
[Amended 4-11-2017 ATM by Art. 2]
(a)
The subject property must have some of its boundary within or
contiguous with the boundary of a Highway or Village Commercial District.
(b)
Arterial road. The business development park must front on and
access an existing arterial road.
(c)
Setbacks. The minimum front, side and rear setback from all
adjacent properties and roads shall be 100 feet.
(d)
Parking lots. Parking lots shall not exceed 20,000 square feet
in gross area.
(e)
Nuisances; hazards. The applicant must demonstrate that the
operations of the business development park, including noise, odors
and any other expected hazards associated with the development, are
consistent with that of a residential neighborhood.
(f)
Property values. The applicant shall provide a comprehensive
report, by an appraiser licensed by the State of New Hampshire, which
demonstrates that there will be no negative impact on abutting properties.
This report shall be reviewed and comments will be provided by the
Town Assessor.
(g)
Traffic study. The applicant must provide a traffic study, certified
by a qualified engineer licensed by the State of New Hampshire, which
clearly indicates the traffic impacts that would result from the project
and improvements to the existing transportation infrastructure that
would be necessary to ensure appropriate access and level of service.
This report shall be reviewed and comments will be provided by the
Town Engineer.
(h)
Buffer. A perimeter buffer area adjacent to all abutting properties
and streets shall be left in its undisturbed natural state or, if
disturbed, shall be replanted with indigenous species. The minimum
buffer depth shall be 100 feet.
(i)
Recreation use. The business development park will construct
a passive and active recreation trail system within the project for
use by tenants of the business development park and the public. The
trail system shall provide links to other existing or future publicly
accessible trails adjacent to the property. The rate of trail system
construction shall be, at least, consistent with the rate of development
of the business development park. The recreation trails may cross
the buffer only to connect with existing or future publicly accessible
trails on adjacent properties and if they do not impair the effectiveness
of the buffer.
(j)
Green space. Green space shall comprise not less than 35% of
the total lot area, exclusive of wetlands, water bodies, the one-hundred-year
floodplain and slopes over 25%.
(11)
Kennels. A special exception may be granted to permit kennels
for transient (fewer than 30 days) housing of domestic animals or
commercial breeding facilities for domestic animals, provided that:
(a)
Minimum lot size is two acres.
(b)
Animal housing areas, if indoors, shall be set back 40 feet
from side and rear property lines and 60 feet from rights-of-way.
Pastures/Outdoor exercise areas shall be set back 15 feet from any
property line.
(c)
A written plan for the disposal/removal of animal waste must
be submitted along with the application requesting the special exception
from the Zoning Board. This plan must be approved by the Board as
a condition of the special exception approval, if granted.
(d)
All animals shall be kept in an indoor area between the hours
of 6:00 p.m. and 8:00 a.m.
(12)
Wireless communication facilities. Wireless communication facilities
may be allowed by special exception in the RR District, on application
to the Zoning Board of Adjustment as approved after a hearing with
appropriate conditions imposed thereon, provided that:
(a)
Since the visual impact of wireless communication facilities
can transcend Town lines, communities that may be visually affected
shall be formally notified of applications for such proposed facilities
as projects having regional impact.
(b)
The applicant must demonstrate that every reasonable effort
has been made to cause the facility to have the least possible visual
impact on the Town at large, including demonstration of realistic
analysis of multiple sites, the need for the proposed height, and
any impact on significant roadside viewpoints.
(c)
Any wireless communication facility shall be designed to accommodate
multiple providers of communication services and will only be approved
under the condition that the primary developer of the facility will
make the facility available upon reasonable terms by lease or other
legal instruments to other wireless communication services.
(d)
The Board of Adjustment may request detailed plans from the
applicant and may, at the expense of the applicant, engage the services
of professional consultants to review and comment on the proposal,
and testimony of the applicants or their agents relating thereto.
(13)
Mobile homes. The Zoning Board of Adjustment may grant a special
exception for a mobile home on a lot on which a single-family residential
structure exists if the following conditions are met:
(a)
The mobile home shall be occupied only as the usual residence
of the immediate family, including grandparents, parents and children,
of the owner and/or spouse of the primary single-family residential
structure on the lot, and the lot shall be at least one acre if served
by municipal water and sewerage and at least two acres in all other
cases; or the mobile home shall be occupied as the usual residence
of a full-time agricultural employee and his immediate family, and
the single-family residence shall be part of an owner-operated farm
of 25 acres or more.
(b)
The special exception shall terminate on a change of ownership
or occupancy of either the mobile home or the primary residential
structure.
(c)
A permit shall be obtained from the Selectmen or their agent,
which shall be renewed yearly to ensure compliance with the above
conditions.
The MCO District is primarily designed to preserve scenic mountain areas. Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries and map.
(1)
District
boundaries. The Mountain Conservation District shall consist of all
land north and east of the Saco River which is above 800 feet in elevation,
referenced to the North American Vertical Datum of 1929.
(2)
District map. The MCO District Map is included as an attachment to this chapter.
C.
Excavation shall be prohibited in the Mountain Conservation District.
D.
Helicopters. A special exception may be granted for helicopter operations
for construction and survey work, where no other practical method
is available to do the work, and for special events such as the visit
of a dignitary, recreational events such as ski, tennis, equine or
golf events, or some other events of a short-term nature. No approval
for a special exception shall be granted unless the ZBA makes a finding
that the helicopter use will not constitute a nuisance or hazard to
Town residents and their property.
The FCO District is primarily designed to promote and protect the health, safety and general welfare of the Town by providing reasonable regulations governing development and use of the floodplain. Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries and map.
(1)
District
boundaries. The Floodplain Conservation Overlay District is hereby
determined to be those areas designated as special flood hazard areas
by the Federal Emergency Management Agency (FEMA) in its Flood Insurance
Study for the County of Carroll, N.H. dated March 19, 2013, together
with the associated Flood Insurance Rate Maps dated March 19, 2013,
which are declared to be part of this chapter and are hereby incorporated
by reference.
(2)
District map. The FCO District Map is included as an attachment to this chapter.
B.
Special exceptions.
(1)
The
following land uses shall be allowed within the floodplain, except
those areas within the floodway, unless expressly allowed in the floodway
hereunder if granted a special exception by the Zoning Board of Adjustment:
(a)
Uses, but not structures, compatible to open space.
(b)
Limited agricultural extraction of sand, gravel and other materials
for noncommercial use.
(c)
Boat landings and boat access areas within the floodway.
(d)
Railroads, streets, driveways, bridges, utility transmission
lines and pipelines.
(e)
Storage yards for equipment, machinery or materials accessory
to adjacent permitted uses.
(f)
Fill or materials to be deposited in the floodplain may be allowed by special exception, provided that the purpose is consistent with the permitted uses represented in the Permitted Use Table included as an attachment to this chapter and the amount thereof is not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by riprap, vegetation cover or bulkheading.
(g)
Municipal and school district facilities.
(h)
Agricultural buildings that do not require septic systems.
(i)
The construction or maintenance of farm, forest or recreational
service roads.
(j)
River or floodway maintenance.
(k)
In the area around Pequawket Pond between the one-hundred-year
flood level and the ten-year-flood level (464.1 feet to 460.5 feet),
as shown on the maps described herein, development, substantial improvements
and building, provided that it is serviced by precinct water and sewerage
and the lowest floor is above the one-hundred-year-flood level.
(l)
Signs for permitted uses and existing nonconforming uses as provided in § 190-30, Nonconformity, provided that the signs meet the minimum standards and intent for signs in the underlying district.
(m)
Accessory industrial-commercial uses, limited to loading areas,
parking areas and aircraft landing strips.
(n)
Heliports. A special exception may be granted to permit heliports,
as a private/business accessory use. The requirement for a special
exception to be granted under this subsection shall not be applied
to the use of helicopters, or any other type of aircraft, being used
on a temporary basis for such purposes as emergency response, medical
necessity, ongoing construction projects that have been permitted
by the Town of Conway, or temporary (fewer than seven days) news media
coverage. Before a special exception for a heliport can be granted
by the Zoning Board, the following conditions must be met:
[1]
The use of the site for a heliport shall not be offensive to
the character of the neighborhood.
[2]
The use of the site for a heliport shall not decrease abutting
property values. Evidence supporting property values must be submitted
by any party with an interest in the granting of the special exception
from a creditable source that is knowledgeable of land evaluation
and property values.
[3]
Any site being considered to contain a heliport must be, at
a minimum, five acres in size.
[4]
Other site dimensions, above and beyond the overall acreage
requirement listed above, shall be sufficient to provide safety areas
suitable to meet all FAA-suggested dimensions and requirements.
[5]
Before the Zoning Board considers any application for a special
exception for this land use, all federal and state approvals which
are required must be obtained by the applicant, with copies of these
approvals submitted as part of the request for the special exception.
[6]
A major site plan approval shall be required of the applicant
from the Planning Board for the heliport, which is accessory to an
approved business. As a condition for the granting of the special
exception, no use of the heliport may be engaged by the applicant
until all conditions of the special exception, including a major site
plan approval, have been satisfied by the applicant.[1]
(2)
Conditions. No special exceptions shall be granted, however, until
the following conditions are met:
(a)
All development and substantial improvements shall comply with
the minimum standards of the regulations of the National Flood Insurance
Program contained in 44 CFR 60.3 and 44 CFR 60.6 (Code of Federal
Regulations), as amended.
(b)
New and replacement water supply, replacement septic systems
and sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system and discharges from the
systems into floodwaters.
(c)
All fill, new construction, substantial improvements and other
development within the floodway shall be prohibited unless the applicant's
New Hampshire registered engineer can show, through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practices, that the activity would not result in any increase in flood
hazard within the Town of Conway.
(d)
The granting of the special exception would not violate the
general spirit of this chapter nor would it create a public health
or safety hazard.
(3)
A special exception may be granted for helicopter operations for
construction and survey work, where no other practical method is available
to do the work, and for special events such as the visit of a dignitary,
recreational events such as ski, tennis, equine or golf events, or
some other events of a short-term nature. No approval for a special
exception shall be granted unless the ZBA makes a finding that the
helicopter use will not constitute a nuisance or hazard to Town residents
and their property.
C.
Special provisions.
(1)
There shall be no expansion of present nonconforming buildings or
pre-existing septic systems in the floodplain, provided that this
shall not prohibit the maintenance, repair and/or correction of such
pre-existing septic systems which malfunction. There shall be no allowance
of a new septic system in the floodplain.
(2)
Existing nonconforming buildings within this district, which have been substantially damaged, may be repaired within one year, provided that they comply with the minimum standards of the regulations of the National Flood Insurance Program. (See definition of "substantial damage" in § 190-31.) Buildings not rebuilt to such standards shall be removed completely.
(3)
Changes to watercourses.
(a)
In riverine situations, prior to the alteration or relocation
of a watercourse the applicant for such authorization shall notify
the NHDES Wetlands Bureau and submit copies of such notification to
the Board of Selectmen, in addition to the copies required by RSA
482-A:3. Further, the applicant shall be required to submit copies
of said notification to those adjacent towns as determined by the
Board of Selectmen, including notice of all scheduled hearings before
the Wetlands Bureau.
(b)
Along watercourses with a designated regulatory floodway, no
encroachments, including fill, new construction, substantial improvements,
and other development are allowed within the floodway unless it has
been demonstrated through hydrologic and hydraulic analyses performed
in accordance with standard engineering practices that the proposed
encroachment would not result in any increase in flood levels within
the community during the base flood discharge. In Zone A, the Building
Inspector shall obtain, review and reasonably utilize any floodway
data available from federal, state or other sources as criteria for
requiring that development meets the floodway requirements of this
section.
(c)
Along watercourses that have not had a regulatory floodway designated,
no new construction, substantial improvements or other development
(including fill) shall be permitted within Zones A1-A30 and AE on
the FIRM, unless it is demonstrated by the applicant that the cumulative
effect of the proposed development, when combined with all existing
and anticipated development, will not increase the water surface elevation
of the base flood more than one foot at any point within the community.
(4)
All developments which are floodproofed shall be certified by a New
Hampshire registered professional engineer or architect that the floodproofing
methods are adequate to withstand the flood depths, pressures, velocities,
impact and uplift forces and other factors associated with the base
flood.
(5)
Where the Floodplain Conservation District is superimposed over another
zoning district, the more restrictive regulations shall apply.
(6)
Within the altered or relocated portion of any watercourse, the applicant
shall submit to the Building Inspector certification provided by a
registered professional engineer assuring that the flood-carrying
capacity of the watercourse has been maintained.
(7)
In Zone A, the Building Inspector shall obtain, review and reasonably
utilize any floodway data available from a federal, state or other
source as criteria for requiring that development meets the floodway
requirements of this section.
(a)
In special flood hazard areas, the Building Inspector shall
determine the one-hundred-year-flood elevation in the following order
of precedence according to the data available:
[1]
In Zone AE, refer to the elevation provided in the community's
Flood Insurance Study and accompanying FIRM.
[2]
In A Zones, the Building Inspector shall obtain, review and
reasonably utilize any one-hundred-year-flood elevation data available
from federal, state, development proposals submitted to the community
(for example subdivisions, site approvals, etc.) or other sources.
[3]
In Zone AO, the one-hundred-year-flood elevation is determined
by adding the elevation of the highest adjacent grade to the depth
number specified on the FIRM or, if no depth number is specified on
the FIRM, at least two feet.
(8)
Electrical, heating, ventilation, plumbing, air-conditioning equipment
and other service facilities shall be designed and/or located so as
to prevent water from entering or accumulating within the components
during conditions of flooding.
(9)
The Building Inspector shall maintain for public inspection and furnish
upon request any certification of floodproofing and the as-built elevation
(in relation to mean sea level) of the lowest floor (including the
basement) of all new or substantially improved structures and include
whether or not such structures contain a basement, and if the structure
has been floodproofed, the as-built elevation (in relation to mean
sea level) to which the structure was floodproofed. This information
must be furnished by the applicant.
(10)
Excavation shall be prohibited in the Floodplain Conservation
District.
D.
Variances.
(1)
A
variance is a relaxation or setting aside, in a specific case, of
certain specified terms of this chapter. In accordance with RSA 674:33,
I(b), the applicant shall have the burden of showing, in addition
to the usual variance standards under state law:
(a)
That the variance will not result in increased flood heights,
additional threats to public safety, or extraordinary public expense;
(b)
That, if the requested variance is for activity within a designated
regulatory floodway, no increase in flood levels during the base flood
discharge will result; and
(c)
That the variance is necessary, considering the flood hazard,
to afford relief.
The SPO District is primarily designed to allow for use of the water and careful development of the land immediately adjacent to all Great Ponds so as to protect and enhance water quality, preserve natural beauty and aesthetic qualities, prevent overcrowding of the shoreland and protect aquatic and terrestrial wildlife habitat. Excavations are specifically prohibited in this district. Multifamily residential buildings shall not be permitted if the underlying district is Residential Agricultural (RA). Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District
boundaries and map.
(1)
District boundaries. The Shoreline Protection Overlay District shall
be comprised of all land within 300 feet from the edge of water of
all Great Ponds, except in Conway Village, where the zone shall only
extend to the center line of Route 16 or to the three-hundred-foot
line from Pequawket Pond, whichever is less restrictive. In no case
shall the district extend more than 300 feet inland from the edge
of water.
(a)
Great Ponds include the following: Conway Lake, Dolloff Pond, Echo
Lake, Labrador Pond, Pequawket Pond, and Puddin' Pond. For purposes
of this district, "Pequawket Pond" shall include Page Randall Brook
north and west of Tasker Hill Road and Pleasant Street and shall include
the outlet brook entering Pequawket Pond from Upper Pequawket Pond.
(b)
The "edge of water" shall be considered the point where water
and land meet, and this is defined by the following elevations above
mean sea level:
(2)
District map. The SPO District Map is included as an attachment to this chapter.
B.
Water frontage. All lots fronting on a Great Pond shall have a minimum
of 150 feet of water frontage.
C.
Development density. The overall density of development on a lot
shall be determined with standard zoning and subdivision criteria
such as lot size and natural resource constraints. However, the density
of development allowed within 300 feet of the normal high-water elevation
shall be restricted by the amount of water frontage. In case of conflicting
results, the more restrictive regulation shall apply. Density within
300 feet of the normal high-water elevation shall be as follows:
(1)
The first unit shall have 150 feet of water frontage.
(2)
Each additional existing unit set back 100 feet or less from the
edge of water shall have 150 feet of water frontage.
(3)
Each additional new or existing unit set back more than 100 feet
but less than or equal to 200 feet from the normal high-water elevation
shall have 150 feet of water frontage.
(4)
Each additional new or existing unit set back more than 200 feet
but less than or equal to 300 feet from the edge of water shall have
50 feet of water frontage.
D.
Shoreline setbacks. Each structure shall have a one-hundred-foot
minimum setback from the normal high-water elevation in all underlying
zoning districts; with the exception of boat storage sheds, which
shall be set back a minimum of 50 feet from the normal high-water
elevation.
E.
Lot coverage. Coverage of a lot with structures and impervious surfaces,
including but not limited to buildings, driveways and sidewalks, shall
be restricted as follows:
F.
Buffer. There shall be a fifty-foot-wide vegetated buffer along the
water frontage of each lot. This buffer serves as a natural filter
to protect the lakes from contaminated surface runoff, provides habitat
for terrestrial wildlife, protects aesthetic qualities of the lake
environment and helps prevent erosion of the shoreline. The following
restrictions shall apply to the buffer:
(1)
One access path across the buffer, up to 10 feet in width (measured
parallel to the shoreline), is allowed for each 150 feet of water
frontage. Such paths shall be designed to prevent erosion and runoff
into the lake.
(2)
No vegetation less than four inches in diameter, measured at 4 1/2
feet above ground level, shall be cut, trimmed, pruned or removed,
except to provide for permitted access paths.
(3)
For vegetation four inches or more in diameter, measured 4 1/2
feet above ground level (hereafter referred to as "trees"), no more
than 10% of the basal area of trees may be removed from the buffer
(not including the area of permitted access paths) in any five-year
period. Before any cutting may occur, the Zoning Officer shall be
provided with a plat indicating the size and location of all trees
in the buffer, which indicates the total basal area before and after
the proposed cutting and which indicates all measures to be taken
to prevent destruction of the buffer and protect the water quality.
Cutting may occur only after receipt of written authorization from
the Zoning Officer.
(4)
No cutting or trimming of living tree limbs shall be permitted.
(5)
Dead trees and dead limbs may be cut down upon written authorization
from the Zoning Officer.
G.
Docks. Docks which are completely removed from the water for the
winter season shall be permitted as follows:
H.
Private beaches. Beaches on a Great Pond which are not owned by a
unit of government shall be regulated as follows:
(1)
Existing beaches may be maintained without the use of any machines
or motorized equipment below the high-water elevation. Washed sand
shall be the only material which may be added to the beach. The amount
of washed sand added shall not exceed one cubic yard per three feet
of beach length in any five-year period. A zoning permit and all applicable
state permits shall be required before any sand is deposited, and
it shall be the responsibility of the Zoning Officer to maintain records
to monitor beach maintenance.
(2)
New beaches may be created only when the following conditions are
met:
(a)
The lot shall be considered to have an area suitable for a beach
if it meets each of the following criteria:
[1]
The slope of land from the high-water elevation to a line 10
feet inland shall not have slopes steeper than 10%.
[2]
The slope of the land from the high-water elevation to a line
20 feet out into the water shall not have slopes steeper than 10%.
[3]
The proposed beach site shall be determined by an independent
wildlife biologist to be of minimal importance as fish habitat and/or
spawning area (written report from the wildlife biologist shall be
provided to the Town).
[4]
The area proposed for a beach above the high-water elevation
is not on or within 10 feet of poorly or very poorly drained soils
or wetlands.
[5]
All proposed beaches must comply with the requirements set forth
in RSA Ch. 482-A and the New Hampshire Code of Administrative Rules,
as amended.
[Amended 4-11-2017 ATM by Art. 2]
(b)
A beach shall be no longer than 10% of the length of water frontage,
except that no beach shall be required to be less than 15 feet in
length.
(c)
No more than one cubic yard of sand per three feet of beach
length shall be used to create the beach. Compliance with this requirement
shall be documented to the Zoning Officer by means of providing all
receipts for beach construction. Only washed sand shall be used for
beach construction.
(e)
Erosion control measures shall be provided such that runoff
shall not run across the beach, with a design certified by a New Hampshire
licensed professional engineer and reviewed by the Carroll County
Conservation District.
(f)
A New Hampshire licensed professional engineer shall inspect
the site three times: before construction; after grubbing but before
sand is added; and when construction is completed. The professional
engineer shall certify that all work is completed in accordance with
the plans provided to the Town and in accordance with these requirements.
(g)
All other required permits and approvals are obtained.
I.
Shorefront common areas. Shorefront common areas are those areas
used for water recreation and/or access by users living off-site.
Such areas shall comply with the following:
(1)
Shorefront common areas shall not be located on lots smaller than
two acres.
(2)
The lot shall have, at a minimum, 50 feet of water frontage per family
or household having rights of use; provided, however, that no more
than 500 feet of water frontage shall be required for any one shorefront
common area.
(3)
Parking lots for shorefront common areas shall be set back a minimum
of 200 feet from the normal high-water elevation. The parking area
shall be screened from view of the water by a strip of trees and shrubs
at least 25 feet wide.
(4)
Creation or alteration of shorefront common areas shall be subject
to site plan review.
J.
Earth disturbance. Prior to any work activity in which digging will
occur or the ground's vegetative cover will be removed or substantially
disturbed, sufficient erosion and sedimentation control measures shall
be installed in accordance with RSA 485-A:17 and the New Hampshire
Code of Administrative Rules, as amended. Such measures, which may
include hay bales and silt fences, shall be maintained in proper working
order until the ground surface is stabilized and no longer subject
to erosion. The control measures shall be installed to protect both
the lake and the buffer (in order to preserve the buffer's natural
filtering capacity).
[Amended 4-11-2017 ATM by Art. 2]
K.
Water quality. In order to afford maximum protection to the lakes'
water quality, the application of chemical fertilizer, insecticides
or other chemicals shall be prohibited in the district. In addition,
drainage shall be controlled and treated as best as is reasonably
possible for any construction or activity, or as a result of any land
use, such as access paths. Local regulation of pesticide management
is preempted by RSA 430:49.
L.
Special exceptions. The following shall be prohibited unless granted
a special exception by the Zoning Board of Adjustment. If granted
a special exception under this subsection, a site plan review approval
shall be required prior to construction.[1]
(1)
Protective riprap. Riprap to protect shores from erosion shall be
granted a special exception by the Zoning Board of Adjustment, provided
that the following conditions are met:
(2)
Building on undersized lots. Building on pre-existing lots with insufficient
acreage shall be granted a special exception by the Zoning Board of
Adjustment, provided that the following conditions are met:
(a)
There is a state-approved septic system or connection to a municipal
sewer.
(b)
Any building to be constructed shall be configured and located
on the lot to create the maximum shoreline setback practical. If appropriate,
rear and sideline setbacks may be reduced by the Zoning Board of Adjustment
by up to 50% to facilitate maximum shoreline protection.
(c)
Clearing of lots may be limited by the Zoning Board of Adjustment
as a condition of approval so as to prevent erosion runoff problems.
(3)
Municipal and state facilities. Municipal and state facilities, including
beaches and boat launches, shall be granted a special exception by
the Zoning Board of Adjustment, provided that the following conditions
are met:
(a)
All required state and federal permits are obtained.
(b)
Sand for a beach shall not be deposited in water which is deeper
than 4.5 feet nor farther than 75 feet out from the high-water elevation.
For erosion control of the beach area, a barrier shall be constructed
between the water and the sand on the beach. The site shall not be
normally subject to erosion by action of the water nor by the grade
of the shoreline slope.
(c)
In order to shield the view of parked vehicles from the water
and to protect the water from runoff from parking areas, parking shall
be located behind a landscaped area of natural or planted vegetation
at least 50 feet in depth. Parking areas shall be gravel. Appropriate
drainage controls shall be constructed and maintained to protect the
Great Pond.
(d)
Footpaths may be cleared across the vegetated area for access
to the beach. They shall be kept at a minimum width which serves pedestrian
access to the water.
The WWPO District is primarily designed to protect the public health, safety and general welfare by protecting valuable wetland and water resources; preventing the harmful filling, draining, sedimentation, or alteration of wetlands and watercourses; protecting unique and unusual natural areas; preventing the development of structures and land uses on naturally occurring wetlands, which could contribute to pollution of surface water and groundwater by sewage; preventing the destruction or significant degradation of wetlands which provide flood and storm control by the hydrologic absorption and storage capacity of the wetland; protecting fish and wildlife habitats by providing breeding, nesting, and feeding grounds for many forms of plant and animal life, including rare, threatened, or endangered species; protect existing and potential water supplies, aquifers and aquifer recharge areas; providing pollution treatment to maintain water quality; preventing expenditures of municipal funds for the purpose of providing and/or maintaining essential services and utilities which might be required as a result of misuse or abuse of wetlands; providing for compatible land uses in and adjacent to wetlands or surface waters which serve to enhance, preserve, and protect wetland areas and water bodies as natural resources. Excavation shall be prohibited in statutory wetlands. Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District
boundaries and map.
(1)
District boundaries.
(a)
The WWPO District shall be comprised of all land within 100 feet
from the edge of:
[1]
All water bodies, excluding Great Ponds, which are covered under
the Shoreline Protection Overlay District; and certain man-made water
bodies, such as fire ponds, agricultural/irrigation ponds, sedimentation/detention
basins, and sewerage lagoons;
[2]
All year-round watercourses;
[3]
All wetland areas of three or more contiguous acres, excluding
constructed or legally altered wetlands that are not part of a wetland
mitigation plan, and vegetated swales and roadside ditches;
[4]
All wetland areas as shown on the Town of Conway 1997 Wetlands
Composite Map abutting a water body or year-round watercourse, regardless
of the wetland acreage involved;
[5]
All perennial watercourses and hydric areas depicted as having
poorly or very poorly drained soils according to the Soils Survey
of Carroll County, New Hampshire (approved in 1973, and issued in
1977); and
[6]
All wetland areas, except wet woodlands (designated as WW-1
and WW-2), identified and delineated in a report entitled "The Wetlands
of Conway, New Hampshire - An Inventory and Evaluation," United States
Department of Agricultural Extension Service Wetlands Project, Report
No. 1, dated 1979.
(b)
Disputed or incorrectly delineated wetlands. When there is a
dispute over the delineation of a mapped wetland, or in cases where
an unmapped wetland is delineated, it may be resolved with a plan
certified by a wetland or soil scientist licensed by the State of
New Hampshire that delineates the wetlands in accordance with the
criteria established in and defined by the Corps of Engineers Wetlands
Delineation Manual Technical Report Y-87-1, Environmental Laboratory,
Department of the Army, 1987 and Regional Field Indicators for Identifying
Hydric Soils in New England, New England Interstate Water Pollution
Control Commission, 1998.
(2)
District map. The WWPO District Map is included as an attachment to this chapter.
B.
Shoreline and wetland setbacks.
(1)
Each structure shall have a seventy-five-foot minimum setback from
the edge of the water or edge of wetland, whichever is farther landward.
Boat storage sheds, however, may be set back a minimum of 50 feet
from the edge of the water or edge of wetland. In the Residential/Agricultural
District, storage sheds shall be set back a minimum of 50 feet from
the edge of water or edge of the wetland. Only one storage shed is
allowed per lot within the buffer.
C.
Shoreline and wetland buffer. There shall be a fifty-foot-wide vegetated
buffer along the edge of the water or edge of wetland, whichever is
farther landward. This buffer serves as a natural filter to protect
the waters and wetlands from contaminated surface runoff, provides
habitat for terrestrial wildlife, protects aesthetic qualities of
the water and wetland environment and helps prevent erosion of the
shoreline. The following restrictions shall apply to the buffer:
(1)
One access path across the buffer, up to 10 feet in width (measured
parallel to the shoreline), is allowed for each 150 feet of water
frontage. Such paths shall be designed to prevent erosion and runoff
into the water or wetland. Path installation may occur only after
receipt of a zoning permit from the Zoning Officer.
(2)
Municipal trails on government lands and municipal trails across
other lands (for which the Town of Conway has accepted trail easements)
may be located within shoreline and wetland buffers, provided that
they are designed and maintained to prevent erosion and runoff into
the water or wetland.
(3)
No vegetation less than four inches in diameter, measured at 4 1/2
feet above ground level, shall be cut, trimmed, pruned or removed,
except to provide for permitted access paths.
(4)
For vegetation four inches or more in diameter, measured 4 1/2
feet above ground level (hereafter referred to as "trees"), no more
than 10% of the basal area of trees may be removed from the buffer
(not including the area of permitted access paths) in any five-year
period. Before any cutting may occur, the Zoning Officer shall be
provided with a plat indicating the size and location of all trees
in the buffer, which indicates the total basal area before and after
the proposed cutting and which indicates all measures to be taken
to prevent destruction of the buffer and protect the water quality.
Cutting may occur only after receipt of a zoning permit from the Zoning
Officer.
(5)
No cutting or trimming of living tree limbs shall be permitted.
(6)
Dead trees and dead limbs may be cut down only after receipt of a
zoning permit from the Zoning Officer.
(7)
For beaches permitted herein, where some clearing of land within
the buffer is required, in no case shall such clearing for a beach
extend inland more than 10 feet from the normal high-water elevation,
and such clearing shall be no longer than the permitted beach.
(8)
Agricultural and timber harvesting activities and operations shall
be permitted uses within the buffer area, provided they conform to
best management practices established by the United States Department
of Agriculture Natural Resources Conservation Service, Cooperative
Extension and/or the New Hampshire Department of Agriculture and RSA
Ch. 227-J.
D.
Docks. Docks which are completely removed from the water for the
winter season shall be permitted as follows:
(1)
Maximum number of docks shall be one per 150 feet of water frontage,
but lots with less than 150 feet of water frontage are permitted one
dock.
(2)
A dock shall not extend more than 30 feet into the water.
(3)
A dock shall not be a wider than 10 feet in width.
(4)
A zoning permit must be obtained prior to the installation of a dock.
E.
Private beaches. Beaches which are not owned by a unit of government
shall be regulated as follows:
(1)
Existing beaches may be maintained without the use of any machines
or motorized equipment below the high-water elevation. Washed sand
shall be the only material which may be added to the beach. The amount
of washed sand added shall not exceed one cubic yard per three feet
of beach length in any five-year period. A zoning permit and all applicable
state permits shall be required before any sand is deposited, and
it shall be the responsibility of the Zoning Officer to maintain records
to monitor beach maintenance.
(2)
New beaches may be created only when the following conditions are
met:
(a)
The lot shall be considered to have an area suitable for a beach
if it meets each of the following criteria:
[1]
The slope of land from the high-water elevation to a line 10
feet inland shall not have slopes steeper than 10%.
[2]
The slope of the land from the high-water elevation to a line
20 feet out into the water shall not have slopes steeper than 10%.
[3]
The proposed beach site shall be determined by an independent
wildlife biologist to be of minimal importance as fish habitat and/or
spawning area (written report from the wildlife biologist shall be
provided to the Town).
[4]
The area proposed for a beach above the high-water elevation
is not on or within 10 feet of poorly or very poorly drained soils
or wetlands.
[5]
All proposed beaches must comply with the requirements set forth
in RSA Ch. 482-A and the New Hampshire Code of Administrative Rules,
as amended.
[Amended 4-11-2017 ATM by Art. 2]
(b)
A beach shall be no longer than 10% of the length of water frontage,
except that no beach shall be required to be less than 15 feet in
length.
(c)
No more than one cubic yard of sand per three feet of beach
length shall be used to create the beach. Compliance with this requirement
shall be documented to the Zoning Officer by means of providing all
receipts for beach construction. Only washed sand shall be used for
beach construction.
(e)
Erosion control measures shall be provided such that runoff
shall not run across the beach, with a design certified by a New Hampshire
licensed professional engineer and reviewed by the Carroll County
Conservation District.
(f)
A New Hampshire licensed professional engineer shall inspect
the site three times: before construction; after grubbing but before
sand is added; and when construction is completed. The professional
engineer shall certify that all work is completed in accordance with
the plans provided to the Town and in accordance with these requirements.
(g)
All other required permits and approvals are obtained.
F.
Shorefront common areas. Shorefront common areas are those areas
used for water recreation and/or access by users living off-site.
Such areas shall comply with the following:
(1)
Shorefront common areas shall not be located on lots smaller than
two acres.
(2)
The lot shall have, at a minimum, 50 feet of water frontage per family
or household having rights of use; provided, however, that no more
than 500 feet of water frontage shall be required for any one shorefront
common area.
(3)
Parking lots for shorefront common areas shall be set back a minimum
of 200 feet from the normal high-water elevation. The parking area
shall be screened from view of the water by a strip, at least 25 feet
wide, of trees and shrubs.
G.
Earth disturbance. Prior to any work activity in which digging will
occur or the ground's vegetative cover will be removed or substantially
disturbed, sufficient erosion and sedimentation control measures shall
be installed in accordance with RSA 485-A:17 and the New Hampshire
Code of Administrative Rules, as amended. Such measures, which may
include hay bales and silt fences, shall be maintained in proper working
order until the ground surface is stabilized and no longer subject
to erosion. The control measures shall be installed to protect the
water, the wetland and the buffer (in order to preserve the buffer's
natural filtering capacity).
[Amended 4-11-2017 ATM by Art. 2]
H.
Water quality. In order to afford maximum protection to water quality,
the application of chemical fertilizer, insecticides or other chemicals
shall be prohibited in the district. In addition, drainage shall be
controlled and treated as best as is reasonably possible for any construction
or activity, or as a result of any land use, such as access paths.
Local regulation of pesticide management is preempted by RSA 430:49.
I.
Special exceptions. The following shall be prohibited unless granted
a special exception by the Zoning Board of Adjustment. If granted
a special exception under this section, a site plan review approval
shall be required prior to construction. References to the "shoreline"
shall be considered either the shoreline of the water body/watercourse
or the edge of wetland, whichever is farther landward. Any special
exception shall be granted only after having found that there is no
better feasible alternative, in keeping with state and federal standards
for the issuance of development permits in 404 jurisdictional wetlands.
(1)
Protective riprap. Riprap to protect shores from erosion shall be
granted a special exception by the Zoning Board of Adjustment, provided
that the following conditions are met:
(2)
Building on undersized lots. Building on pre-existing lots with insufficient
acreage shall be granted a special exception by the Zoning Board of
Adjustment, provided that the following conditions are met:
(a)
There is a state-approved septic system or connection to a municipal
sewer.
(b)
Any building to be constructed shall be configured and located
on the lot to create the maximum shoreline setback practical. If appropriate,
rear and sideline setbacks may be reduced by the Zoning Board of Adjustment
by up to 50% to facilitate maximum shoreline protection.
(c)
Clearing of lots may be limited by the Zoning Board of Adjustment
as a condition of approval so as to prevent erosion runoff problems.
(3)
Municipal and state facilities. Municipal and state facilities, including
beaches and boat launches, shall be granted a special exception by
the Zoning Board of Adjustment, provided that the following conditions
are met:
(a)
All required state and federal permits are obtained.
(b)
Sand for a beach shall not be deposited in water which is deeper
than 4.5 feet nor farther than 75 feet out from the high-water elevation.
For erosion control of the beach area, a barrier shall be constructed
between the water and the sand on the beach. The site shall not be
normally subject to erosion by action of the water nor by the grade
of the shoreline slope.
(c)
In order to shield the view of parked vehicles from the water
and to protect the water from runoff from parking areas, parking shall
be located behind a landscaped area of natural or planted vegetation
at least 50 feet in depth. Parking areas shall be gravel. Appropriate
drainage controls shall be constructed and maintained to protect the
Great Pond.
(d)
Footpaths may be cleared across the vegetated area for access
to the beach. They shall be kept at a minimum width which serves pedestrian
access to the water.
(4)
Wetland or stream crossing: the construction of a wetland or stream
crossing for purposes of streets, roads and other access ways and
utility right-of-way easements, including power lines and pipelines.
A special exception for these uses may be granted if the following
conditions are met:
(5)
Water storage or impoundment: the construction of a water storage
or impoundment.
(6)
Any use not otherwise permitted or otherwise allowed by special exception
in a wetland, which may include the erection of a structure, dredging,
filling, draining or otherwise altering the surface configuration
of a wetland. A special exception may be granted, provided that the
following conditions are met:
(a)
The proposed use will not conflict with the purpose and intent
of the district. To support this claim, the applicant shall provide
proper written evidence, which shall be accompanied by the findings
of a review by the United States Natural Resources Conservation Service;
and
(b)
The use is permitted in the underlying zoning district.
The GWPO District is primarily designed to safeguard current and potential future groundwater sources of municipal drinking water. Initially, the policy shall only establish a protective radius around each municipal well and shall prohibit incompatible land uses within that radius. Eventually, the policy should be expanded in scope to prevent land use/groundwater quality conflicts throughout the entire draw-down/recharge area of each existing or potential municipal well. Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District
boundaries and map.
(1)
District boundaries. The WWPO District shall be comprised of a four-hundred-foot
protective radius around each well serving the Conway Village Fire
District and/or the North Conway Water Precinct municipal water supply
systems.
(2)
District map. The GWPO District Map is included as an attachment to this chapter.
B.
Restrictions. Within the protective radius, only the following land
uses are permitted: open space, gravel driveways, and structures relating
to the well and water distribution system.
C.
Nonconforming uses. A pre-existing use which is nonconforming with respect to the protective radius restrictions shall not be entitled to the same rights as are established in § 190-30A. The use shall be eliminated, changed to a conforming use, or changed only in a manner which reduces the threat to the water quality of the groundwater.
D.
Permits. Any change in land use within the protective radius shall
require a permit from the Zoning Officer. The Zoning Officer shall
require a completed change-of-use application; and a survey of the
entire protective radius area at a scale of one inch equals 20 feet
showing all natural and man-made features. The Zoning Officer shall
forward a copy of the application to the municipal entity owning the
well for review and comments. The municipal entity shall have one
week to comment, and the Zoning Officer shall not issue an approval
for the change of use until the comment period has expired.[1]
[1]
Editor's Note: Original § 147.13.19, Special Highway
Corridor Overlay District (SHCO), which followed this section, was
repealed 4-11-2017 ATM by Art. 3.
This section specifies those rights to which nonconforming uses,
structures, signs and lots are entitled.
A.
Nonconforming uses. Any lawful nonconforming use may continue indefinitely.
In the event that such use is abandoned for any period of time, its
reestablishment shall not be permitted. When there is a question regarding
abandonment, the burden of proof shall be on the property owner rather
than the Town.
(1)
A lawful nonconforming use may be expanded in the normal course of
business if granted approval by the Zoning Officer. The Zoning Officer
shall grant the approval only if the following conditions are met:
(a)
The expansion is accessory to the existing nonconforming use.
(b)
The expansion shall be limited to the original lot of record
on which the nonconforming use is located, subject to the following:
[1]
The original lot of record shall be identical in size and boundaries
to the lot at the time of passage of the zoning provision which caused
the nonconformity; or the lot may have been reduced in size since
the date of passage of the zoning provision which caused the nonconformity,
provided that the newly created lot is entirely contained within the
boundaries of the original lot of record.
[3]
The property owner shall be responsible for providing documentation
defining the original lot of record.
(2)
A lawful nonconforming use may be changed to a different nonconforming
use if granted a special exception. The Zoning Board of Adjustment
shall grant the special exception only if the following conditions
are met:
B.
Nonconforming structures.
(1)
The two-dimensional footprint of a lawful nonconforming structure
shall not be expanded unless granted approval by the Zoning Officer.
Approval may be granted only if the following conditions are met:
(2)
The three-dimensional envelope of a nonconforming structure shall
not be expanded unless granted approval by the Zoning Officer. Approval
may be granted only if the following conditions are met:
(a)
If a downward expansion within a setback from a lake, pond,
river or stream, it shall not extend any lower than the estimated
seasonal high-water table.
(b)
If an upward expansion, it shall not have any adverse impact
on any neighboring properties, including but not limited to blocking
sunlight and/or views.
(c)
If an upward expansion, it shall not exceed the maximum height
limitation specified in this chapter.
(d)
If an enclosure of a space within the existing two-dimensional
footprint, it shall be permitted except in the Floodplain Conservation
Overlay District.
(e)
No part of the nonconforming structure is in the Floodplain
Conservation Overlay District.
(f)
The expanded nonconforming structure shall not create a greater
impact on traffic, parking, noise, or nighttime lighting.
C.
Nonconforming signs. Signs lawfully in existence before the adoption
of regulations which made them nonconforming shall be permitted to
continue in existence and be maintained.
(1)
No change in type, size of message area and/or support structure,
height, location, message, illumination, number, or material shall
be permitted without application to and approval from the Town.
(2)
Nonconforming aspects of the sign may continue, but no additional
types of nonconformity shall be created by any change.
(3)
Permitted changes may allow reduction in any one or more nonconforming
aspects, but shall not allow any nonconforming aspect of the sign
to become increasingly nonconforming.
(4)
If a nonconforming sign is abandoned, the grandfathered rights shall
terminate and any replacement shall comply with the requirements of
this chapter.
D.
Nonconforming lots. The following control nonconforming lots:
(1)
An undeveloped, nonconforming lot may continue to exist indefinitely,
unless it is less than 70% of the applicable minimum lot size and
is or becomes under the same ownership as an adjoining lot, whether
or not that adjoining lot is nonconforming. When common ownership
occurs, the two adjoining lots shall be considered a single lot. Upon
any Town official or board determining that such condition exists,
the official or board shall notify, in writing, the owner, Tax Assessor,
Zoning Officer, Board of Selectmen and Planning Board. The act of
combining the lots shall be considered a decision of the Zoning Officer,
and appeals shall follow the provisions of RSA Ch. 677.
(2)
No action shall be permitted to change the boundary of the lot unless
it brings the lot closer to conformance with this chapter and it makes
no other aspect of the lot and/or all structures thereon more nonconforming.
(4)
In the Shoreline Protection District, preexisting lots with insufficient
acreage may be permitted to be built upon if granted a special exception.
The Zoning Board of Adjustment shall grant a special exception only
if the following conditions are met:
(a)
There is a state-approved subsurface sewage system or connection
to a municipal sewer.
(b)
Any building to be erected shall be configured and located on
the lot to create the maximum shoreline setback practical. If appropriate,
any non-shore setback may be reduced by up to 50% to facilitate maximum
shoreline protection.
(c)
Clearing of lots may be limited by the Zoning Board of Adjustment
as a condition of approval so as to prevent erosion and runoff into
the Great Pond.
As used in this chapter, the following terms shall have the
meanings indicated:
An intentional action to abandon or relinquish the use of
a property in which some overt act or failure to act carries the implication
that the owner neither claims nor retains any interest in the use.
Any ground-mounted or roof-mounted solar collection system
designed to primarily reduce on-site consumption of utility power
and without a limit to the rated nameplate capacity or solar land
coverage provided the existing agricultural use is preserved at the
time of installation.
[Added 5-12-2020 ATM
by Art. 3]
A building or use subordinate and customarily incidental
to the main building or use on the same lot.
A dwelling unit accessory to a single-family dwelling, either
attached or detached. Such accessory dwelling units shall be not less
than 300 square feet and no greater than 800 square feet.
[Amended 4-9-2019 ATM
by Art. 2]
A building used for the storage of farm products, animal
feed, stabling horses, for the housing of farm animals or farm equipment,
forestry-related buildings and horticultural buildings. Such buildings
must be accessory to an active, ongoing agricultural operation. Garages
and sheds on properties which are used primarily residentially are
not agricultural buildings.
A sign which is attached directly to or under a freestanding
or projecting sign.
A street that is used or will be used primarily for through-traffic
flow. These streets are Route 16, Route 113, Route 153, Route 302,
Kancamagus Highway, West Side Road and River Road.
The flood having a one-percent probability of being equaled
or exceeded in any given year.
Any area of a building having its floor subgrade on all sides.
Any dwelling in which transient lodging or boarding and lodging
are provided and offered to the public by the owner for compensation.
This dwelling shall also be the full-time, permanent residence of
its owner; otherwise it shall be classified as a hotel/motel. There
shall be no provisions for cooking in any individual guest room.
A dwelling operated as a business or on a not-for-profit
basis providing rooms for rent on a daily, weekly, or other basis.
The rooms do not include cooking facilities and thus are not individual
dwelling units. Meals may or may not be provided by the owner/operator.
Such rooms generally serve as the primary residence (of whatever duration)
for the occupants though they may be available also as lodging for
visitors.
[Added 4-11-2023 ATM by Art. 5]
A structure used for the storage of boats, having no plumbing
or heating installed, having a floor area of 250 square feet or less,
and being no more than 15 feet in height.
The area between the property boundaries and the front, sideline and back lot line setbacks as specified for size and use in this chapter and Chapter 110, Site Plan Review, of the Conway Code.
A protective buffer strip naturally vegetated and/or planted
with native or indigenous saplings, shrubs and ground covers displaying
a typical woodland appearance appropriated to the condition and said
type of the landforms. The purpose of the buffer is to provide a scenic,
largely rural road corridor that is screened from view of development
that abuts the highway corridor.
A naturally occurring undeveloped area bordering a wetland
that serves to lessen the impact of disturbance; e.g., urban development
and agriculture. This buffer shall consist of a natural area consisting
of various species of trees, saplings, shrubs and ground cover in
any combination and between any stages of growth.
An independent structure having a roof and any extensive
additions thereto. It shall include a house trailer and a mobile home
when used as a residential unit, but shall not include a travel trailer
used as a temporary residence incidental to travel, recreation or
vacation and not permanently hooked up to facilities necessary for
usual year-round occupancy.
See "footprint."
The vertical distance from the lowest point of grade around
the building to the mean gable elevation of the building, or to the
top of a flat roof. The lowest point of grade shall be the lowest
point at which the foundation is above the proposed or existing grade,
whichever is less.
An accessory residential unit on a nonresidential premises,
occupied by the person who oversees the nonresidential operation 24
hours a day and his or her family.
Any solar collection system of any size that is installed
on the roof structure of a carport over a parking area.
[Added 5-12-2020 ATM
by Art. 3]
A sign, or portion thereof, with manually changeable lettering
or display. This shall not include electronic-type displays with changeable
messages.
A street that is used or will be used primarily for connecting
local street traffic to the arterial street system. These are Mill
Street (Center Conway), Old Mill Road, Brownfield Road, Tasker Hill
Road, Passaconaway Road, Still Road, East Conway Road, Dolloff Hill
Road, Stark Road, Rockhouse Mountain Road and West Main Street.
Any commercial use which offers for hire or to the general
public access to structures, vehicles, mechanical or electrical contrivances,
or other facilities which are intended primarily to provide entertainment,
amusement or recreation, and in which the patron is engaged on the
premises as an active participant rather than as a spectator. This
shall not include volleyball, tennis or basketball courts, baseball,
football or soccer fields, other similar sporting fields, or commercial
golf facilities as regulated in the underlying district, and shall
exclude special events as permitted by the Board of Selectmen.[1]
A use of land that consists of one or more freestanding,
ground-mounted solar collection systems with a rated nameplate capacity
of up to 1 MW AC and that is less than five acres in solar land coverage.
[Added 5-12-2020 ATM
by Art. 3]
A use of land that consists of one or more freestanding,
ground-mounted solar collection systems regardless of nameplate capacity
that is up to 100 kW AC and that is less than one acre of solar land
coverage.
[Added 5-12-2020 ATM
by Art. 3]
A special system of real property ownership that includes
individually owned units and areas owned in common by the unit owners
("common areas").
[Added 4-11-2023 ATM by Art. 9]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
That aspect of a lot or structure which does not comply with
the dimensional requirements of this chapter, including but not limited
to height, setback, frontage or area.
Illumination beyond property lines caused by direct specularly
reflected rays from incandescent, fluorescent or arc lighting.
Dogs, cats, non-poultry birds, reptiles, exotics, ferrets,
descented skunks, nine or fewer rabbits and nine or fewer fur-bearers
other than rabbits.
Horses, ponies, cattle, swine, deer, bison, greater than
nine fur-bearers, sheep, goats, llamas, ratites, poultry or greater
than nine rabbits.
A structure containing two separate residential dwelling
units.
[Added 4-11-2023 ATM by Art. 6]
Shall be determined by the normal high-water mark, defined
herein.
Shall be determined by the criteria established in and defined
by the Corps of Engineers Wetlands Delineation Manual Technical Report
Y-87-1, Environmental Laboratory, Department of the Army, 1987 and
Regional Field Indicators for Identifying Hydric Soils in New England,
New England Interstate Water Pollution Control Commission, 1998.
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 relocation of any sexually oriented business; or
The substantial enlargement of a sexually oriented business,
which means the increase in floor areas occupied by the business by
more than 25%, as the floor area exists on the date of the adoption
of this chapter.
A land area which is used for the commercial taking of earth,
including all slopes.
A vertical portable sign that contains a harpoon-style pole
or staff driven into the ground for support or supported by means
of an individual stand. (See Figure 2.)
[Added 4-14-2015 ATM by Art. 2]
|
Figure 2
 |
Flood Insurance Rate Map, an official map incorporated within
this chapter, on which FEMA has delineated both the special flood
hazard areas and the risk-premium zones applicable to the Town of
Conway.
A piece of flexible fabric of distinctive design which is
used as a symbol of a nation, state, province, county, town or religion,
or which uses color, form, graphic, symbol, or writing to communicate
information of any kind to the public, whether commercial or noncommercial.
Excluded from this definition are feather flags as otherwise defined
herein.
[Amended 4-14-2015 ATM by Art. 2]
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations; or an
examination, evaluation and determination of mudslide (i.e., mudflow)
and/or flood-related erosion hazards.
Land subject to a one-percent-or-greater chance of flooding
in any given year which is designated as Zone A and/or AE on the Flood
Insurance Rate Map.
The channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the flood having a one-percent
chance of being equaled or exceeded in any given year without cumulatively
increasing the water surface elevation more than one foot.
The portion of a lot covered by all portions of any structure,
including decks, porches, cantilevered sections and roof overhangs.
A self-supporting sign not attached to any building, wall
or fence, but in a fixed location. This does not include movable signs.
The setback from a property line along a road right-of-way.
A septic system that fails to operate properly due to inability
to handle sewage loads, improper design, construction, maintenance
or operation, but shall not include a system that only fails to meet
present state design standards. (See RSA 485-A:29 through 485-A:44
and NH Code of Administrative Rules Env-Ws 1000, requirements for
subsurface waste water treatment.)
A water body of more than 10 acres in the natural condition.
A solar collection system and associated mounting hardware
that is affixed to or placed upon (such as ballasted systems) the
ground including but not limited to fixed, passive or active tracking
racking systems.
[Added 5-12-2020 ATM
by Art. 3]
Those chemicals or substances which are physical hazards
or health hazards as defined in the currently adopted version of the
State Building Code, whether the materials are in a usable or waste
condition.
[Amended 4-11-2017 ATM by Art. 2]
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
and distribution of such products.
Any landing or take-off area intended for use by helicopters
or other rotary-wing-type aircraft capable of vertical take-off and
landing profiles.
Private/Business accessory use: available for the exclusive
use of the business as an accessory for personal transportation purposes
in conjunction with the operation of that business. Such uses shall
not include scenic tours or chartered flight operations.
Private/Noncommercial accessory use: available for the exclusive
use of the owner on personally owned land or other persons authorized
by the owner for noncommercial use and for no financial gain.
Private/Public commercial use: available for use in aircraft
operations for profit; those which, for a fee, provide air transportation
for the public and/or transport goods and materials. This includes,
but is not limited to, charter transportation, scenic tour flight
operations, and other similar activities.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An occupation or profession which is carried on in no more
than 50% of the square footage of the total square footage, or 1,500
square feet, whichever is less, of a detached, single-family dwelling
unit by the full-time, permanent occupant of the dwelling which does
not change the character thereof. By way of illustration, home occupations
shall include, but not be limited to: the preparation of foods such
as breads, cookies and jellies; construction of birdhouses and other
small-scale wood products; quilting; fishing lure assembly, etc. The
term "home occupation" shall include both professional and personal
services, provided that they meet the other criteria set forth in
this chapter. Retail sales shall be allowed only in situations where
the product sold is produced entirely on-site.
A commercial building or group of buildings built to accommodate,
for a fee, travelers and other transient guests who are staying for
a limited duration with sleeping rooms, each rental unit having its
own private bathroom and a common corridor or hallway. A hotel may
include restaurant facilities where food is prepared and meals are
served to its guests and other customers.
A use of land that consists of one or more freestanding,
ground-mounted solar collection systems regardless of nameplate capacity
that is between 35 acres and 50 aces in solar land coverage.
[Added 5-12-2020 ATM
by Art. 3]
Any business with between 30,000 square feet and 1,500 square
feet of gross floor area.
A use of land that consists of one or more freestanding,
ground-mounted solar collection systems with a rated nameplate capacity
of between 1 MW and 5 MW that is between five and 35 acres in solar
land coverage.
[Added 5-12-2020 ATM
by Art. 3]
A set of qualitative and quantitative criteria that describe
the degree to which an intersection, roadway, weaving section or ramp
efficiently serves peak hours and/or daily traffic. Level of service
calculations shall follow the 1985 Highway Capacity Manual, Chapter
9, Operational Procedure for Signalized Intersections, as amended.
|
Level of Service Criteria for Signalized Intersections
| |
|---|---|
|
Level of Service
|
Stopped Delay per Vehicle
(seconds)
|
|
A
|
Less than or equal to 5
|
|
B
|
5.1 to 15
|
|
C
|
15.1 to 25
|
|
D
|
25.1 to 40
|
|
E
|
40.1 to 60
|
|
F
|
Greater than 60
|
The assembly, manufacture, processing, packaging or other
industrial operations conducted in such a manner that all resulting
cinders, dust, fumes, gas, odors, smoke and vapor are effectively
confined to the premises or disposed of so as to avoid any air, ground
or water pollution and conducted in such a manner that noise, light
and vibrations will not be a nuisance or otherwise detrimental to
abutting properties; a use involving the manufacture of a product
not requiring heavy, noisy, or otherwise objectionable machinery or
transporting equipment.
A street used primarily for direct access to property and
not used for through-traffic flow. These streets are all those not
designated as arterial or collector.
An area of land in one ownership, or one leasehold, with
ascertainable boundaries established by deed or instrument of record,
or a segment of land ownership defined by lot boundary lines on a
land subdivision plan duly approved by the Planning Board and recorded
in the Carroll County Registry of Deeds.
The required lot area within a specific zoning district for
a single use.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided that such
an enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this chapter.
Any business with more than 30,000 square feet of gross floor
area.
One building or several attached or detached buildings on
one lot, including courtyards, whether or not covered, substantially
surrounded by buildings in which two or more businesses are located
and each business does not have a separate entrance or exit for public
use fronting on a street or parking lot.
Any structure meeting the federal Manufactured Home Construction
and Safety Standards Act,[2] commonly known as the "HUD Code," transportable in one
or more sections, which, in the traveling mode, is eight body feet
or more in width and 40 body feet or more in length, or when erected
on site has at least 320 square feet of habitable space, and which
is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to required
utilities, which include plumbing, heating and electrical systems
contained therein. Manufactured housing as defined here does not include
presite built housing as defined in RSA 674:31-a.
[Amended 4-11-2023 ATM by Art. 3]
A single, complete and livable prefabricated residential
unit, suitable for transport on wheels on its own chassis, regardless
of whether or not left on wheels, and requiring connection to water,
power and sewage disposal systems for proper occupancy.
A parcel of land, under single ownership, with accommodations
for two or more mobile homes, travel trailers or recreational vehicles
in use as dwellings, regardless of whether or not a charge is made
for such accommodations.
An area in a mobile home park designed to accommodate one
mobile home stand and its related yards and other open space.
An area in a mobile home space upon which a mobile home is
to be stationed.
Any structure designed primarily for residential occupancy
which is wholly or in substantial part made, fabricated, formed or
assembled in off-site manufacturing facilities in conformance with
the United States Department of Housing and Urban Development minimum
property standards and local building codes for installation, or assembly
and installation, on the building lot. A modular home is separate
and distinct from a manufactured housing unit.
[Added 4-11-2023 ATM by Art. 4]
A sign capable of being readily moved or relocated, including
portable signs mounted on a chassis and wheels, or supported by legs.
Units providing living quarters for two or more housekeeping
units, such as, but not limited to, condominiums, clustering units,
common-wall or row-type housing units, such as duplex or multihousekeeping
units of the same nature, time-share arrangements in any type of housekeeping
unit.
Of or relating to the internal affairs of a major political
unit, having a chartered local self-government.
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which
the start of construction commenced on or after the effective date
of a floodplain management regulation adopted by a community and includes
any subsequent improvements to such structures.
A lot which does not comply with the dimensional requirements
of this chapter.
That portion of a structure which does not comply with the
requirements of this chapter.
A use which is not permitted in the zoning district in which
it is occurring.
A nonconforming use, structure or lot which was lawfully
in existence prior to the enactment of the zoning requirement which
made it nonconforming.
The elevation of a body of water or watercourse as measured
by the average natural high-water mark or to the average high-water
mark when flowed by artificial means, such as by a dam.
For Conway Lake, the normal high-water mark shall be 436.3 feet,
which is the elevation of the water at the spillway of the dam.
For Pequawket Pond, the normal high-water mark shall be 458
feet.
For Dolloff Pond, the normal high-water mark shall be 550 feet.
For Echo Lake, the normal high-water mark shall be 510 feet.
For Puddin' Pond, the normal high-water mark shall be 537 feet.
For Labrador Pond, the normal high-water mark shall be 550 feet.
A sign with a commercial message relating to a commercial
activity not conducted on the lot.
A sign which is not located on the lot to which its message
refers.
The original lot or lots of record, on which a nonconforming
use is located, which existed on the date of passage of the zoning
requirement which made the use nonconforming.
Any place consisting of a room or group of rooms located
on one premises where regular, nontransient-type accommodations for
sleeping or living purposes, together with meals, are offered for
compensation, provided that the same is occupied and operated conjunctively
by the owner, an individual person or persons, and shall not have
more than four double-occupancy sleeping units.
Any place consisting of a room or a group of rooms located
on one premises where transient or semi-transient accommodations for
sleeping or living purposes are offered for compensation, provided
that the same is occupied and operated conjunctively by the owner,
an individual person or persons, and shall not have more than four
double-occupancy sleeping units.
An off-street space for exclusive use as a parking area for one motor vehicle, with a minimum size of nine feet by 18 feet to conform to Chapter 110, Site Plan Review, of the Conway Code.
Any ground-mounted solar collection system that is partially
used to reduce on-site consumption of utility power and with a rated
nameplate capacity up to 1 MW AC in size or has a solar land coverage
in excess of five acres provided the existing agricultural use is
preserved at the time of installation.
[Added 5-12-2020 ATM
by Art. 3]
A non-government owned and operated facility used for purposes
of teaching, studying, and learning.
A sign which is affixed to a building and which extends more
than 12 inches beyond the surface to which it is affixed.
An event sponsored, run by, and benefiting a public or institutional
entity. This shall not include any event which is conducted primarily
as a business activity.
Maximum rated alternating current ("AC") output of solar
collection system based on the design output of the solar system.
[Added 5-12-2020 ATM
by Art. 3]
A vehicle or vehicular attachment designed for temporary
sleeping or living quarters for one or more persons, which is not
a dwelling and which may include a pickup camper, travel trailer,
tent trailer or mobile home.
A single unit providing a room or group of rooms located
within a structure and forming a single habitable unit with facilities
which are used, or are intended to be used, for living, sleeping,
cooking and eating for the exclusive use for one or more persons living
as a household.
[Amended 4-11-2023 ATM by Art. 8]
A building or portion thereof containing three or more residential
units with separate cooking and toilet facilities for each dwelling
on one individual lot.
[Added 4-11-2023 ATM by Art. 7]
Any ground-mounted or roof-mounted solar collection system
primarily for on-site residential use, and consisting of one or more
freestanding, ground- or roof-mounted, solar arrays or modules, or
solar-related equipment, intended to primarily reduce on-site consumption
of utility power and with a rated nameplate capacity of 10 kW AC or
less per on site dwelling unit and that has 500 square feet or less
of solar land coverage per on-site dwelling unit.
[Added 5-12-2020 ATM
by Art. 3]
The profile of a roof. In the case of features extending
above the roofline, the profile shall be from whatever direction is
the most restrictive.
A solar collection system that is structurally mounted to
the roof of a building or other permitted structure, including limited
accessory equipment associated with system which may be ground-mounted.
For purposes of calculating array sizes or solar land coverage under
the solar definitions in this section, roof-mounted portions shall
not be included if the system is made up of both roof- and ground-mounted
systems, the roof-mounted portions shall also be excluded.
[Added 5-12-2020 ATM
by Art. 3]
Any sightseeing flight conducted under visual flight rules
in any type of aircraft for compensation or hire. Flights may be provided
on a regular schedule or at varying frequencies based on passenger
demands.
A vantage point with unique natural beauty for drivers on
the highway or pedestrians in the district, which can best be appreciated
by modifications to the protective buffer. Modifications to the buffer
may include reducing or thinning the forested natural area or replacing
forested vegetative material with other appropriate vegetative material
in order to promote the vantage point.
A free-flowing body of water (i.e., a river, brook or tributary)
which only runs for a part of the year.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water or gravity as a product of erosion.
A dwelling, or portion thereof, capable of providing living
quarters limited to two adults per unit, having a minimum age of 62
years old. Said dwelling unit(s) must be within a single building
having at least 25 separate units under the same roof. Said building
must provide for a commercial kitchen and common dining facility as
a minimum. Said senior housing units shall be exempt from provisions
under the existing definition of "residential unit," which is defined
as a unit providing a kitchen. Senior housing units within such an
aforementioned age-restricted retirement housing complex shall be
allowed to have separate individual kitchens. For density purposes,
the overall building housing all said individual dwelling units within
said building under the same roof will be considered one unit.
Any subsurface method of disposing of residential or commercial
wastewater.
The minimum distance which buildings and structure are required
to be set back from the nearest lot line (rear or side), measured
at right angles or radial thereto. Setbacks from a road shall be measured
from the nearest edge of the right-of-way of such road in the same
manner. Where the edge of the road right-of-way is not shown on a
recorded plan, then such edge shall be deemed to be located 30 feet
from the center of the traveled portion of said road unless the right-of-way
of such road can be shown to be wider than 60 feet. A road shall include
either a public or a private right-of-way.
Any place of business in which any of the following activities
are conducted:
A business that devotes more than 15% of the total display,
shelf, rack, table, stand or floor area, utilized for the display
and sale of the following:
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, videocassettes, slides, tapes, records, CD-ROMs,
or other forms of visual or audio representations which meet the definition
of "harmful to minors" and/or "sexual conduct" as set forth in RSA
571-B:1; or
Instrument, devices, or paraphernalia which are designed for
use in connection with "sexual conduct" as defined in RSA 571-B:1,
other than birth control devices.
An adult bookstore or adult video store shall not be deemed to include a business selling or distributing books, magazines and periodicals which are a minor, incidental part of its principal stock-in-trade (meaning its inventory) so long as said business shall devote less than 15% of its total display, shelf, rack, table, stand or floor area utilized for the sale and display of such items, including those items otherwise defined under Subsection A(1)(a) and (b) above. In establishing the percentages of utilization of any display, shelf, rack, table, stand or floor area hereunder, the burden of proof hereof shall rest on the business which claims an exemption from said definition above, which proof must be established by clear and convincing evidence.
ADULT MOTION PICTURE THEATERAn establishment with a capacity of five or more persons, where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1, for observation by patrons. For the purposes of this chapter, "substantial portion of the total presentation time" shall mean the presentation of films or shows described above for viewing on more than seven days within any fifty-six-consecutive-day period.
ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, in which a substantial portion of the total presentation time of the images so displayed is devoted to the showing of materials which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
ADULT DRIVE-IN THEATERAn open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time being presented for observation by patrons is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
ADULT CABARETA nightclub, bar, restaurant, or similar establishment which, during a substantial portion of the total presentation time, features live performances which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1, and/or feature films, motion pictures, videocassettes, slides or other photographic reproductions, a substantial portion of the total presentation time of which is devoted to showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
ADULT THEATERA theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on activities which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1. For the purposes of this chapter, "substantial portion of the total presentation time" shall mean the presentation of films or shows described above for viewing on more than seven days within any fifty-six-consecutive-day period.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
One building or several attached or detached buildings on
one lot in which two or more businesses are located and each business
has a separate entrance and exit fronting a street or parking lot.
The edge of water of all perennial streams and rivers, lakes
and ponds not protected by the Shoreline Protection District.
The setback from a property line other than a front setback.
Any public or private way or thoroughfare, paved or unpaved,
intended for the use of pedestrians or foot traffic.
Any device, fixture, placard, structure or attachment thereto
that uses color, form, graphic, illumination, symbol, or writing to
advertise, announce the purpose of, or identify the purpose of any
person or entity, or to communicate information of any kind to the
public, whether commercial or noncommercial. Any portion of any awning,
either freestanding or attached to a structure, decorated with any
sign element, either attached or part thereof, shall be considered
a wall sign.
The measurement from the undisturbed ground directly under
the sign to the top of the message area.
Repainting; other surface renewal; change of message on the
same surface; replacement of any sign surface, support framework or
component with substantially similar construction material or component.
The total area used to display a sign's message, including
all lettering, designs, symbols, and logos, together with but not
including any support framework or bracing which is incidental to
the sign and which is not designed to attract attention. Where the
message area consists of letters, symbols, logos or devices affixed
to the surface of a wall, building, awning or window, the message
area shall be measured by a single, continuous, rectangular perimeter
drawn to enclose the extreme limits of the sign elements. The message
area of one side of a double-faced sign shall be regarded as the total
message area of the sign. For double-faced signs, each face must be
attached directly to the other. Window signs less than one foot apart
are measured as a single sign; otherwise, the sum of the rectangles
of window signage constitute a window's sign message area.
[Amended 4-12-2016 ATM by Art. 4]
The steepness of land surface. Slope is expressed in percent
by dividing the change in elevation by a given horizontal distance
and multiplying by 100%.
Any business with less than 1,500 square feet of gross floor
area.
As defined by the Soil Survey of Carroll County, New Hampshire
or as found by an on-site inspection by a soil scientist.
Includes all equipment required to harvest solar energy to
generate electricity. The solar collection system includes storage
devices, power conditioning equipment, transfer equipment, and parts
related to the functioning of those items. Solar collection systems
include only equipment up to (but not including) the stage that connection
is made to the utility grid or site service point.
[Added 5-12-2020 ATM
by Art. 3]
Is defined exclusively for the purposes of calculating the
footprint of the land area occupied be the components of a solar array.
The "solar land coverage" is the land area that encompasses all components
of the solar collection system including but not limited to mounting
equipment, panels and ancillary components of the system. This definition
does not include access roads or fencing and is not to be interpreted
as a measurement of impervious surface as it may be defined in this
chapter.
[Added 5-12-2020 ATM
by Art. 3]
Any solar collection system that is over 30 MW in nameplate
capacity. In no case shall a solar power generation station exceed
150 acres.
[Added 5-12-2020 ATM
by Art. 3]
Any area having flood, mudslide and/or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99,
AH, VO, V1-V30, VE, V, M or E.
The entire layout of the public road which travels along
and within the Special Highway Corridor District; sometimes referred
to as the "Conway Bypass."
Includes substantial improvements, and means the date the
building permit was issued, provided that the actual start of construction,
repair, reconstruction, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on site, such as
the pouring of slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or part of the main structure.
Any Class I, II, III or IV road.
A structure having no plumbing or heating installed, having
a floor area of 125 square feet or less, being no more than 15 feet
in height and used to store equipment of a residential nature owned
by the occupant of the principal residential unit on the property.
A state highway or a highway, road, avenue, lane and/or any
other way which exists for vehicular travel, exclusive of a driveway
serving not more than two adjacent lots or sites. The word "street"
shall include the entire right-of-way.
Anything constructed or erected, on or in the ground or in
the water, or an attachment to something having a fixed location on
the ground, including buildings, permanent or temporary; signs; carports;
porches; and other building features, including stacks and antennas,
but not including sidewalks; fences; driveways; septic systems; utility
poles; boundary markers and field or garden walls or embankment retaining
walls. For floodplain management purposes, a gas or liquid storage
tank that is principally above ground is a structure.
The vertical distance from the lowest point of grade at the
base of the structure to the highest point of the structure. The lowest
point of grade shall be the lowest point at which the foundation is
above the proposed or existing grade, whichever is less.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
be equal or exceed 50% of the market value of the structure before
the damage occurred.
Any repair, reconstruction or improvement of a structure, the
cumulative cost of which equals or exceeds 50% of the market value
of the structure either before the improvement or repair is started
or, if the structure has been damaged and is being restored, before
the damage occurred. In the case of damage, the value of the structure
prior to the damage occurring is:
For the purposes of the definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
This term includes structures that have incurred substantial damage,
regardless of actual repair work performed. The term does not, however,
include any project for improvement of a structure required to comply
with existing health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions or any alteration
of an historic structure, provided that the alteration will not preclude
the structure's continued designation as an historic structure.
An event whose occurrence is limited to not more than 14
days per calendar year.
Any structure with fabric or nonrigid walls or roof or both,
which provides or is intended to provide temporary shelter.
The volume and shape enclosed by the exterior dimensions
of a building or other structure in plan and elevation views (length,
width, height). All appurtenant structures, including but not limited
to decks, greenhouses and bay windows, shall be included in the three-dimensional
envelope. Any increase in volume or change in the shape shall be considered
expansion.
A one-family dwelling unit which is part of a group of two
or more such units separated by a common party wall having no doors,
windows, or other provisions for human passage or visibility. Each
unit shall have individual outside entrances at ground level (which
may face in different directions) and may have more than one level.
[Added 4-11-2023 ATM by Art. 10]
A workman in a skilled trade, such as a carpenter, plumber,
electrician, carpet layer, shoe repairman, furniture restorer or cabinetmaker.
Living quarters which do not have a kitchen as defined in
"residential unit." Such accommodations are not counted as residential
units for density purposes, but rather are part of, or all of, a nonresidential
use on the lot.
A vehicular portable structure, which may legally be moved
on its own wheels, being a vehicle designed as a temporary dwelling
for travel, recreation or vacation use.
The area and shape defined by the exterior dimensions of
a building or other structure in plan view. All appurtenant structures,
including but not limited to decks, greenhouses and bay windows, shall
be included in the two-dimensional footprint. Any increase in area
or change in the shape shall be considered an expansion.
[Amended 4-11-2017 ATM by Art. 2]
A measure of land use density. Each building, excluding accessory
buildings, with any nonresidential use(s) shall constitute one unit.
Each residential unit shall constitute one unit. In cases where one
structure facilitates both nonresidential and residential uses, the
total number of units shall be equal to the sum of one for the structure
plus one for each residential unit.
A structure which is owned by a government agency or utility
company and which is used to support lines and other equipment carrying
electricity or communications.
A use of land that consists of one or more freestanding,
ground-mounted solar collection systems regardless of nameplate capacity
that is over 50 aces in solar land coverage and less than 30 MW in
rated nameplate capacity.
[Added 5-12-2020 ATM
by Art. 3]
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required by
Chapter 44 of the Code of Federal Regulations, § 60.3(b)(5),
(c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5), is presumed to
be in violation until such time as that documentation is provided.
A sign affixed to the wall of a building or to an awning,
provided the sign does not extend more than 12 inches beyond the surface
to which it is attached.
All rivers, streams, brooks or other tributaries which flow
year-round. These include all watercourses shown on the Map of Conway,
New Hampshire, prepared by James W. Sewell Company, Old Town, Maine,
dated 1964, as revised.
See "buffer/wetland."
Areas dominated by wetland characteristics; an area that
is inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal conditions
does support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include, but are
not limited to, swamps, marshes, bogs, and similar areas. (Ref. NH
Code of Administrative Rules Envi 101.110)
[Amended 4-11-2017 ATM by Art. 2]
Any manufacturing, research, warehousing, storage or wholesale
operation which is nonpolluting in terms of air, water and noise and
which, in general, is not offensive to the character of the community.
A regulated window sign is one that is located on or inside
and within four feet of a window and is plainly visible from the exterior
of the building.
[Amended 4-12-2016 ATM by Art. 4]
Any tower, pole, antenna, accessway, or other structure intended
for commercial use in connection with the transmission or reception
of radio or television signals, or any other electromagnetic-spectrum-based
transmission/reception.[3]
[2]
Editor's Note: See 42 U.S.C. § 5401 et seq.
[3]
Editor's Note: Original § 147.16 of the Town Code, Permitted Use Table, which immediately followed this section, was repealed 4-11-2017 ATM by Art. 2. See the Permitted Use Table included as an attachment to this chapter.
