A.
Granting authority. Wherever a conditional use is authorized under this chapter, the authority to administer or grant conditional use approval is vested in the Planning Board. Conditional use approval may be granted only for those conditional uses referred to in Subsection C below.
B.
Purpose. Certain uses, structures, or conditions possess special
characteristics such that if developed in certain locations or in
certain ways may have significant adverse impacts. In order to safeguard
the public interest and the interest of neighboring property owners,
some uses, structures, and conditions require the Zoning Board of
Adjustment to grant a special exception and others are designated
as conditional uses to provide an opportunity for the Planning Board
to review and evaluate these applications on an individual basis in
contrast to uses which are simply permitted by right.
C.
Types of conditional uses.
(1)
There are two types of conditional uses covered under this chapter:
(2)
The process is the same for both types of conditional uses.
The term "conditional uses" is used throughout this chapter for both
situations.
D.
Criteria and conditions.
(1)
The base criteria in § 275-21.3 below shall apply to all conditional uses. In addition, certain particular uses have specific criteria and/or conditions which must also be met in order for those uses to be approved as listed below in § 275-21.4, Conditions for particular uses. For those uses which are not specifically discussed below, it is necessary only that the base criteria be satisfied.
(2)
It is not essential that the Planning Board specifically and
outwardly articulate compliance with each criterion and condition.
At its option, the Board may simply state that all of the criteria
and conditions have been met, provided it is duly diligent and thorough
in its consideration.
E.
Burden of persuasion. The applicant shall bear the burden of persuasion,
through the introduction of sufficient evidence as may be required
by this chapter or by the Planning Board in its reasonable discretion,
that the development, if completed as proposed, will comply with this
article and will satisfy the specific requirements for the use or
standard contained in this chapter.
F.
Pertinent information. In reviewing an application for a conditional
use approval, the Planning Board shall consider the following information,
as applicable to the case:
(1)
Compliance with the applicable requirements contained in this
chapter;
(2)
The results of any special investigative or scientific studies
prepared in association with the proposed development;
(3)
Special reports or analysis of the project or its impacts, prepared
by the City or consultants;
(4)
The findings, goals and objectives of the City's Master Plan;
(5)
The relationship of the development to the timing, location
and cost of public improvements scheduled in the Capital Improvements
Program and improvements necessitated by the development;
(6)
Testimony and evidence introduced at the public hearing on the
application; and
(7)
Any other appropriate information or documentation.
G.
Terms of approval.
(1)
The Planning Board may also impose, in addition to any applicable
conditions specified in this chapter, such additional conditions as
it finds reasonably appropriate to safeguard the neighborhood or otherwise
serve the purposes of this chapter, including but not limited to the
following:
(a)
Increasing front, side, and rear setbacks in excess of the minimum
requirements of this chapter;
(b)
Screening of the premises from the street or adjacent property
in excess of any minimum requirements of this chapter;
(c)
Landscaping in excess of any minimum requirements of this chapter
or the Site Plan Regulations;
(d)
Modification of the exterior features of buildings or other
structures;
(e)
Limitations on the size of buildings and other structures more
stringent than the requirements of this chapter;
(f)
Footprint or lot coverage less than the allowed maximum of this
chapter;
(g)
Limitations on the number of occupants and methods and times
of operation;
(h)
Regulation of design of access drives, sidewalks, crosswalks,
and other traffic features;
(i)
Off-street parking and loading spaces in excess of, or less
than, the minimum requirements of this chapter or the Site Plan Regulations;
and
(j)
Other performance standards as appropriate.
(2)
Such conditions shall be imposed in writing, and the applicant
may be required to post bond or other security for compliance with
these conditions in an amount satisfactory to the City. The Planning
Board may require that such conditions be annotated on a site plan
or subdivision plat, or otherwise recorded at the Strafford County
Registry of Deeds.
H.
Existing uses and structures. Any use that was lawfully established
prior to the adoption of this chapter and which is allowed as a conditional
use, but for which a conditional use approval was never issued, is
now permitted and may continue in the same manner and to the same
extent as conducted prior to the adoption of this chapter. However,
a conditional use approval shall be secured from the Planning Board
before the use or structure or building in which the use is conducted
may be intensified, enlarged, expanded, moved or significantly altered.
A.
Application. Conditional uses authorized under this article may be
granted only after application to and a public hearing by the Planning
Board and subject to the provisions of RSA 674:16, as amended. The
Planning Board may establish special procedures and fees for conditional
use applications consistent with RSA 674:16, as it sees fit.
B.
Site plans and subdivisions. Where a conditional use application
is related to a specific subdivision or site plan application, the
application and review procedure for both shall be conducted concurrently.
C.
Appeals. Any persons aggrieved by a Planning Board decision on a
conditional use application may appeal that decision to the Superior
Court, as provided for in RSA 677:15.
D.
Expiration of conditional use approvals. Any conditional use approval
shall expire or become null and void upon the expiration, lapse, nullification,
withdrawal, or repeal of any site or subdivision plan to which the
conditional use is attached.
The Planning Board shall grant a conditional use approval if, and only if, it reasonably determines that all of the following criteria are met (in addition to those criteria/conditions articulated for particular uses in § 275-21.4 below, or in addition to those articulated elsewhere in this chapter for departures from standards):
A.
Allowed use or departure. The use or departure from standards is specifically authorized under the Tables of Uses in Article 18 as a conditional use or is otherwise specifically authorized in this chapter;
B.
Intent of chapter. The proposal is consistent with the purpose and
intent of this chapter;
C.
Intent of Master Plan. The proposal is consistent with the purpose
and intent of the Master Plan;
D.
Compatibility. The proposal is compatible with general dimensional,
use, and design characteristics of the neighborhood and surrounding
area;
E.
Streetscape. The proposal will not adversely impact the quality of
the streetscape;
F.
Resources. The use or departure will not have a significantly adverse
impact upon natural, scenic, historic, or cultural resources and can
be designed with sensitivity to environmental constraints; and
G.
Public facilities. The use does not place an undue burden upon the
City's resources, including the effect on the City's water supply
and distribution system, sanitary and storm sewage collection and
treatment systems, fire protection, police protection, streets and
schools.
For each individual use listed below, all of the specific conditions attached to that use must be met along with the base criteria articulated in § 275-21.3 above.
A.
Assisted living facility. The permitted density shall be 1 1/4 times
that otherwise permitted for residential uses in the district.
D.
Flag lots. As part of any major subdivision (involving a new road)
the Planning Board may approve the creation of one or more flag lots
as a conditional use. Flag lots are allowed subject to the following
terms/findings:
(1)
Allowing the flag lot(s) accommodates a superior layout than
what would otherwise be allowed;
(2)
A tangible public benefit is gained such as the creation of
additional or higher quality open space, preservation of important
resources, or creating a trail network;
(3)
The total number of flag lots shall not exceed 15% of the total
number of lots in the subdivision (being created at that time);
(4)
The total number of lots, including the flag lots, shall not
exceed the number otherwise allowable based on frontage and lot size;
(5)
The width of the frontage and the entire "flagpole" leading
to the main lot area is at least 25 feet; and
(6)
The Planning Board may stipulate shared driveways at its discretion,
including for access to the flag lot, to reduce access points.
E.
Gas station.
(1)
The minimum lot area shall be at least 30,000 square feet.
(2)
Lot frontage shall be at least 150 feet.
(3)
Pumps, lubricating and other outdoor service devices shall be
located at least 30 feet from the front, side and rear lot lines.
(4)
All automobile parts and dismantled vehicles are to be stored
within a building, and no repair work is to be performed outside a
building.
(5)
The minimum setback for all portions of canopies shall be 20
feet from the front, side and rear lot lines or those setbacks established
for the district, whichever is greater.
(6)
Limited light maintenance activity is an accessory use and includes
engine tune-ups, lubrication, brake repairs, tire changing, battery
charging, car washing, detailing, polishing, and carburetor cleaning.
Such heavy maintenance activities as engine overhaul, vehicle painting,
welding, and body or fender work is not an accessory use.
F.
House of worship. Within residential zones all parking shall be located
beyond the rear facade; provided, however, that the Planning Board
may approve parking to the side of the building, but situated no further
forward than the front facade by conditional use subject to adequate
screening from the road.
G.
Lodging facility. For a lodging facility, the minimum lot size shall
be 30,000 square feet plus 1,000 square feet per unit. Minimum lot
size for a bed-and-breakfast shall be the minimum lot size for a single-family
home according to the applicable zone district. The minimum lot size
for a hotel in the Downtown Commercial (DC) Zone District shall be
7,500 square feet.
[Amended 5-7-2019]
H.
Mini-warehouse. The front setback for all storage structures shall
be 100 feet. Side and rear setbacks from any residential property
shall be 75 feet.
I.
J.
Nursing home. The minimum lot size for the zone shall be increased
by 1,000 square feet for each patient bed. The permitted density shall
be 1 1/4 times that otherwise permitted for residential uses in the
district.
K.
Parking lot. For properties within the Downtown Commercial (DC) Zone
District, Parking lots shall be limited to 20 parking spaces for any
single tenant unless otherwise approved by the Planning Board pursuant
to the standards below:
[Added 5-7-2019]
(1)
The applicant demonstrates a unique commercial or market-based
need for additional parking.
(2)
There is a lack of publicly accessible parking in the immediate
vicinity.
(3)
Sharing parking with an adjacent use or property is impractical
or not possible.
(4)
Negative visual effects of a large parking lot are minimized
to the extent practicable through site design, breaking up large expanses
of paving, shielding parking from direct public view, or placing parking
to the side or behind buildings. Where possible, buildings in the
DC District should front a primary street with parking placed to the
side or rear.
(5)
The Planning Board may impose operational parameters regarding
signage, limiting access points, and may require specific lighting
and landscaping installation.
L.
Parking facility, commercial. The Planning Board may approve a commercial
parking facility based on the following standards:
[Added 5-7-2019]
(1)
Sizing and capacity of the facility is based on current and
forecasted use patterns and demand for publicly accessible parking.
(2)
Frontages along a primary commercial street, to the extent practicable,
incorporate commercial business on the ground floor as a means of
providing pedestrian interest and minimizing extended expanses of
blank walls.
(3)
An acceptable operations plan defines the basic functions of
the facility including signage, offsite wayfinding, hours of operation,
access and control points, payment systems, and lighting and landscape
installation.
(4)
Rate schedules and changes thereto shall remain the prerogative
of the owner and shall not be required for approval or conditioned
by the notice of decision.
M.
Porkchop subdivision. The purpose of a porkchop subdivision (see definition in Article 2) is to help preserve the scenic character of neighborhoods and reduce natural resource fragmentation caused by development. This encourages owners of parcels along existing roads and streets to concentrate this subdivision to one side of the parcel and retain the remainder as open space. This allows for some minimal level of development on parcels with significant acreage in the rear of the lot to avoid inducing property owners to develop cul-de-sacs at a higher level of development. Porkchop subdivisions are allowed subject to the following requirements:
[Amended 10-1-2024]
(1)
Parcel size. The parent parcel shall have a minimum size of
six gross acres and minimum frontage of 150 contiguous feet on an
existing public way. The parent parcel shall have a maximum frontage
of 450 contiguous feet on an existing public way.
(2)
Three lots. There shall be a maximum of three lots created from
any one lot. This includes the parent parcel..
(3)
Lot size. The minimum lot size for each newly created lot shall
be 40,000 square feet or the minimum lot size for the district, whichever
is greater. The maximum lot size for each newly created lot shall
be 65,340 square feet (approx. 1.5 acres). This excludes the parent
parcel.
(4)
Frontage. The minimum frontage for each new porkchop lot shall
be 50 feet.
(5)
Common access. All lots shall have one, shared, private access
point.
(6)
Addressing Standards Guide.
(a)
According to the Addressing Standards Guide prepared by the
State of New Hampshire, Department of Safety, Division of Emergency
Services and Communications, "Any road, either publicly or privately
maintained....which may be traversed by an emergency service vehicle
and provide access to three or more addressable structures should
be named and assigned address ranges."
(b)
All named access roads shall be constructed in accordance with
the requirements of the Fire Code as adopted by the State of New Hampshire.
(c)
Applicant shall submit a road name application and work with
the Planning Department on E-911 addressing assignments.
(d)
All named access roads shall have street name signs mounted
and affixed in accordance with the Standards of Infrastructure Design
as adopted by the City of Rochester.
(e)
Any building or structure for which a number has been designated
shall have such number affixed thereto in such manner as to be plainly
visible from the highway, in accordance with the City of Rochester
Codes as adopted.
(7)
No further subdivision. There shall be no further subdivision
of any of the porkchop lots other than lot line adjustments. As such,
a note shall be added to the recordable subdivision plan which reads
"There is to be no further subdivision of these lots."
(8)
The porkchop lots shall be used for single-family by right or
duplexes with approval of a conditional use permit in accordance with
the Zoning Ordinance.
(9)
Width. The all-season passable width of any private access shall
be 20 feet when serving two or more lots.
(10)
Easement width. The width of the private access easement shall
be 30 feet. Additional width may be required to accommodate slope
and drainage easements.
(11)
Turnaround. An acceptable turnaround for the fire trucks may
be required.
(12)
Recording. A document satisfactory to the City Attorney shall
be recorded establishing the conditions of use of any shared private
access, providing for indemnification for the City for emergency services,
and including suitable language to ensure that the private access
will not become a City-owned or maintained road or street.
N.
School, K-12; school, other. Within residential zones all parking
shall be located beyond the rear facade; provided, however, that the
Planning Board may approve parking to the side of the building, but
situated no further forward than the front facade, by conditional
use subject to adequate screening from the road.
O.
Senior housing.
(1)
The minimum development parcel shall be five gross acres.
(2)
The project must provide special facilities and/or programs
oriented toward seniors.
(3)
The applicant must explain how he/she will meet the definition for senior housing in this chapter (see Article 2, Definitions).
(4)
The developer/manager must provide documentation to the Planning
Board demonstrating that the development meets the definition for
senior housing in this chapter.
P.
Solar,
community and solar commercial systems.
[Added 12-6-2022[2]]
(1)
Screening.
(a)
Ground-mounted solar collection systems shall have perimeter
fencing and/or vegetative screening as approved by the Planning Board.
The use of vegetative screening is encouraged.
(b)
Perimeter fencing for the site shall not include barbed wire
or woven wire designs without visual screening and shall preferably
use wildlife-friendly fencing standards that include clearance at
the bottom.
(2)
Glare.
(a)
Significant glare shall be considered a nuisance as per Rochester Zoning Ordinance § 275-28.2D, Performance standards.
(b)
Applicants must demonstrate that the solar collection system
design has reasonably considered and mitigated potential impacts of
significant glare onto abutting structures and roadways. Mitigation
may include angle of panels, antireflective panel coating or additional
screening to minimize impacts.
(3)
Noise.
(a)
Loud or disruptive noise shall be considered a nuisance as per Rochester Zoning Ordinance § 275-28.3, Noise.
(b)
Noise levels at the property line shall be in accordance with
the municipal noise ordinance.
(c)
Applicants must demonstrate that operation of the solar collection
system will not exceed permissible noise levels at the property line.
Mitigation measures may be required to achieve permissible noise levels.
(4)
Electric and communication lines.
(a)
Power and communication lines between the solar collection system
and the point of interconnection shall be buried underground.
(5)
Ground cover. The following provisions shall apply to the clearing
of existing vegetation and establishment of vegetated ground cover.
(a)
Preservation of trees and existing vegetation that will not
impede or shade the functioning of the solar collection system is
encouraged.
(b)
Applicants that propose a ground mounted solar collection systems
exceeding 30% lot coverage or one acre, whichever is greater shall
submit a vegetative management plan prepared by a landscape architect
or similarly qualified professional The plan shall identify:
[1]
The qualified professional(s) consulted or responsible
for the plan.
[2]
The mix of proposed perennial vegetation intended
to prevent erosion, and manage run off. Vegetative cover should include
a mix of native perennial grasses and wildflowers.
[3]
The management methods and schedules for how the
vegetation will be managed (mowing, replacement, etc.).
(c)
The solar collection system shall be approved by the Planning
Board prior to any site work or lot clearing.
(6)
Stormwater.
(a)
Ground-mounted solar collection systems are subject to City
standards for stormwater management, erosion and sediment control
provisions, as well as any applicable state and federal requirements.
(b)
If the solar collection system is less than 30% lot coverage
or less than one acre shall be exempt from stormwater management requirements
provided the ground below the system is not compacted and vegetated.
(c)
Ground-mounted systems that require land clearing and grubbing
of forested cover greater than one acre, shall at a minimum, submit
a stormwater permit to the Department of Public Works.
(7)
Abandonment and decommissioning.
(a)
Solar collection systems shall be deemed to be abandoned by
a municipal official as evidenced by the lack of system maintenance
or operation discontinuance without prior written consent of the municipality
(such as for reasons beyond the control of the owner/operator).
(b)
An abandoned system shall be removed, and the site restored
with vegetative cover within 12 months of abandonment.
(8)
Submittal requirements for primary use solar collection system.
(a)
Primary use solar collection systems shall submit a site plan
application.
(b)
All solar collection systems shall comply with applicable aspects
of the Zoning Ordinance and site plan regulations. Applications must
address all requirements for principle use solar collection systems
as well as provide the following:
[1]
A plot plan with a horizontal scale and a profile
drawing with a vertical scale showing the lot to include:
[2]
Existing structures, property lines, setbacks,
lot size, ROWs;
[3]
Land clearing or grading required for the installation
and operation of the system;
[4]
The location of all equipment to be installed on
site including utility connection point(s) and equipment;
[5]
Equipment, except for utility connections, shall
comply with required setbacks.
(c)
Equipment specifications.
[1]
All proposed equipment or specifications must be
included with the application. Such information can be supplied via
manufacturer's specifications.
(e)
Solar collection systems requiring a conditional use permit
shall meet base criteria conditions set by 275-21.3 of the Zoning
Ordinance.
(f)
Solar collection systems requiring a special exception from the Zoning Board of Adjustment meet applicable criteria set § 275-22.3 of our Zoning Ordinance and meet provisions identified under the primary use section of this chapter as well as applicable site plan regulations.
(g)
All applicable state and federal permitting associated with
the solar energy system must be obtained prior to building permit
issuance. Copies of the permits or confirmation of the approvals must
be submitted to the Planning Department.
(h)
All proposals under this chapter may be subject to special investigation
and the review of documents under RSA 674:44-V.
Q.
Vehicle sales. No vehicles or other equipment or materials may be stored or displayed within the road right-of-way. The City of Rochester shall take all appropriate steps to enforce this requirement. See enforcement provisions under Article 3, Administration.
S.
Granite Ridge District Residential Housing (Article 8).
(1)
The commercial footprint of 55%, and residential footprint of 45%
may be adjusted to increase the residential footprint percentage.
The applicant shall demonstrate that a residential need exists which
current market conditions are not adequately serving, or that commercial
market conditions have changed which makes the 55% commercial footprint
requirement economically unfeasible.
(2)
The completion and occupancy allocations of 50% of the residential
development that may be occupied prior to the completion of between
25% to 50% of the nonresidential structures may be adjusted to increase
the residential percentage. The applicant shall demonstrate that either
residential or commercial market conditions are impacting the ability
to comply with the allocation.
