Warner Planning Board December 17, 2014 Proposed Zoning Ordinance Amendments

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1 Proposed Amendment #1 Zoning District Map #1 Condensed Version: Are you in favor of the adoption of Amendment #1 as proposed by the Planning Board for the Town Zoning Ordinance as follows: Amend Article II DISTRICTS, by adding language for amending and interpreting the Official Zoning Map. and, amend Article II DISTRICTS, by adopting the updated Official Zoning Map and revision notes as posted in the Town Hall creating a current Official Zoning Map to be dated March 10, This map clarifies with a higher level of description details but does not materially change previously approved Town Zoning District boundary line locations. Information was obtained from archive research. #1 Full Version: Are you in favor of the adoption of Amendment #1 as proposed by the Planning Board for the Town Zoning Ordinance as follows: Amend Article II DISTRICTS, by adding the following language: A. (add paragraph letter A to exiting paragraph and existing district list) B. Amendments to the Official Zoning Map: Whenever amendment(s) are adopted that change(s) District boundary(s), whether a Base or Overlay District, the Official Zoning Map shall be revised to reflect such amendments, and the date of adoption shall be duly noted on said Map. The Town Clerk shall seal, sign, and date the Official Map. C. Interpretation of District Boundaries 1. The location of District boundaries shall be as shown or described on the Official Zoning Map, or as otherwise described in this Ordinance. 2. Where a lot is located within more than one Zoning District all the relevant Zoning Ordinance requirements pertaining to each Zoning District type shall remain for each corresponding area of the lot. 3. Where any uncertainty exists with respect to the boundary of any District as shown on the Official Zoning Map, the following rules shall apply: a. Where a boundary is indicated as a highway, road, street, alley, railroad, or Town Boundary, it shall be construed to be the edge of right-of-way thereof or such Town Boundary; and b. Where a boundary is indicated as a waterway it shall be construed to be the centerline thereof; and c. Where a boundary is indicated as approximately parallel to a highway, road, street, alley, railroad, or Town Boundary, it shall be construed as parallel thereto and such distance from the edge of right-of-way thereof as shown on the Official Zoning Map; and d. If no dimension or description is given on the Official Zoning Map, the location of any boundary shall be determined by use of the scale shown on the Official Zoning Map, by using the more detailed reference map when scaling; and e. All boundary questions not covered by (a) through (d) above shall be resolved by the Planning Board. and, amend Article II DISTRICTS, by adopting the updated Official Zoning Map and revision notes as posted in the Town Hall creating a current Official Zoning Map to be dated March 10, This map clarifies with a higher level of description details but does not materially change previously approved Town Zoning District boundary line locations. Information was obtained from archive research.

2 Warner Planning Board District Boundary Revision Notes December 17, 2014 The following description or information are to be placed on or change items on the proposed Official Zoning District Map dated May 5, 2014 after approval of Warrant article: District Boundary Descriptions 1. Reposition Map Notes and remove background 4/21/ These notes and descriptions shall either be in writing or as indicated on the new Official Zoning Map 3. Change references to Map & Lot numbers as being the Tax Map boundary locations as of March 10, These descriptions are to be used in conjunction with the Planning Board clarifications Official Zoning Map Dated May 5, 2014 and Urban Area Zoning Map labeled as Amended March 5, Final Official version shall remove May 5, 2014 date and label, and insert Adopted date March 10, Official version shall be notarize by Town Clerk including reference Maps and Tax Maps. 6. Large Downtown Insert blow-up shall be labeled Urban Area Zoning Map as Amended March 5, 1974 shall govern 7. Reference to Chandler Reservation is for survey of record as of March 10, Change note from contact Planning Board for interpretation to refer to Warner Zoning Ordinance Article II for additional Zoning Map interpretation. 9. Label the extension of Duck Pond Lane. 10. Near exit 7 remove Gen F Merrill Hwy label on Route # Near exit 7 add Old Warner Lane label from Warner Road to # Change Morse Loop Road to Morse Lane. 13. In southern OR-1 District label Harriman Lane running north/south C-1 Commercial District near Exit 9 Label Map or provide notes with descriptions: Starting on the east ROW boundary line along the short Waterloo Connector intersection perpendicular to Route #103 West, to a point 1000 northerly of Route #103, thence easterly along the 1000 setback of Route #103 to the easterly side of the Route #89 ROW, thence northerly approximately 1500 along the #89 ROW, thence easterly across North Road on a line perpendicular to a point on Kearsarge Mountain Road 300 southerly from the centerline of Toryhill Rock to a point on the 1000 westerly setback from Kearsarge Mountain Road, thence southerly along this 1000 setback, thence along a line in line with northerly edge of tax Map 14 Lot 26-1, thence southerly 1000 along Kearsarge Mountain Road westerly ROW, thence westerly to North Road at a point 300 from Route #103, thence 300 along North Road to the intersection of North Road and Route #103, thence southerly along Route #103 to the intersection of an old section of North Road and Route #103 (per August 23,1893 District Precinct Map), thence southerly perpendicular to Route #103 to the Warner River, thence southerly along the center of the Warner River to a the northeasterly intersection with Map 32 Lot 13 to the northeasterly most corner of Map 32 Lot 16, thence following Cemetery Street to Mill Street, thence follow Mill Street northerly and turning easterly along an abandoned right-of-way crossing Map 31 Lot 11, thence northerly on Kearsarge Street Extension to a southerly setback of 150 from Route #103 Main Street and along this 150 setback to Depot Street, thence southerly on a line perpendicular to the tangent on the Warner River, thence westerly along the Warner River to a mid point of Map 32 Lot 8, thence along a southerly line toward Route #89, thence along the Route #89 ROW to where the Warner River runs under Route #89 near Exit #9, thence westerly along the centerline of the Warner River to the point on the line centered on the extension of the short Waterloo Connector Road and perpendicular to Route #103. Intervales Overlay District map and lot numbers shall be added to the Zoning Map Map 14: Lots 6, 7, 7-1, 8, 13, 14; and Map 35: Lots 3, 4-1, 4-2, 4-3, 5 Page 1of 1

3 Proposed Amendment #2 Home Occupation #2 Condensed Version: Are you in favor of the adoption of Amendment #2 as proposed by the Planning Board for the Town Zoning Ordinance as follows: Amend Article III Definitions, to revise the existing definition of Home Occupation and add a definition for Legal Resident; and, amend Article IV General Provisions, section P, to revise Home Occupation requirements and delineate when Site Plan Review is required; and, amend Table 1 - Use Regulation, Accessory Use item #1 Home Occupation, to reference Article IV P. requirements. #2 Full Version: Are you in favor of the adoption of Amendment #2 as proposed by the Planning Board for the Town Zoning Ordinance as follows: and Article III Definitions - revise to read as follows: "Home Occupation" shall mean any business or profession conducted entirely within a dwelling, or an accessory building located on the same premises as the dwelling. Legal Resident shall mean the person living at a permanent fixed place, domicile, or abode at a specific address to which they intend to return despite temporary absences. Article IV General Provisions revise item P to read as follows P. Home Occupation: 1. The Town of Warner recognizes that some citizens utilize their residence for limited business use; however the Town believes that it is important to protect the residential character of its neighborhoods. Therefore, the purpose of this section is to allow a limited business use in a residential area only to the extent that the business use does not detract from the appearance, character or condition of the residence or surrounding area. No new Home Occupation may be conducted or existing legally established Home Occupation expanded without first obtaining a Conditional Use Permit from the Planning Board. Review item P.4. in this section for some home situations not considered a Home Occupation. 2. All Home Occupations types must meet the following: a. The use does not change either the character of the dwelling as a residence or the character of the neighborhood in which the Home Occupation is established; b. The use shall be carried out entirely within the dwelling or an accessory building located on the same premises as the dwelling. c. The use is capable of being unobtrusively pursued; d. The use is clearly incidental and subordinate to the dwelling use; e. The use is conducted by the legal resident of the dwelling; f. The use utilizes an area (either in the dwelling or in an accessory building) of not more than twenty-five (25%) of the total floor area of the dwelling (including any functional basement). g. There shall be no display of goods or wares visible from the street. h. No outside storage of equipment shall be allowed in connection with the Home Occupation. i. The dwelling or accessory building in which the Home Occupation is conducted shall not be rendered objectionable to the neighborhood because of exterior appearance, emission of odors, gas, smoke, dust, noise, electrical disturbance, hours of operation or in any other way. j. There are no on-premise contractors related to the occupation use

4 and, k. In a multi-family dwelling, the Home Occupation uses shall in no way become objectionable or detrimental to any residential use within the multi-family dwelling. The use shall not include features of design not customary in buildings for residential use. l. The use creates no nuisance nor any environmental, health or safety concerns; m. The use shall not create a traffic safety hazard, nor shall it result in a substantial increase in the level of traffic congestion in the vicinity of the dwelling. n. The use shall not involve the use, production, or storage of any hazardous (as defined by the State of New Hampshire) materials. o. All Building Code requirements shall be met; p. The Septic system shall meet NH State and Town of Warner requirements. q. The Conditional Use Permit for a Home Occupation shall be nontransferable, and shall automatically expire when the applicant(s) is no longer the legal resident of the dwelling. r. A nonconforming Home Occupation use must have been legally established prior to any zoning ordinance that restricts such use. s. Childcare may be permitted as a Home Occupation but shall also comply with other requirements of this Ordinance. t. The sales, rental, maintenance or repair of automobiles, motor vehicles or small engines shall not be permitted as a Home Occupation. u. Restaurants or onsite purchase of meals are not permitted as a Home Occupation. 3. Home Occupation Plan Review with a public hearing is required for all Home Occupation types where any of the following occur. All other requirements of item #P.2. not addressed as follows shall also be met: a. The use entails contact with the general public or clients at the premises. Provide off-street parking for customer/clients and non-resident employees. b. The use has on-premise employees, however it shall not employ more than the equivalent of one full time (40 Hours) person not dwelling on the premises. c. There is Home Occupation signage (not to exceed 2 foot by 2 foot in size) complying with this Ordinance. d. There are commercial vehicles in connection with the Home Occupation stored on the premises. In connection with Site Plan Review, the Planning Board may require that any parking area associated with or needed for the Home Occupation be effectively screened from abutting and facing residential properties by appropriate fencing or landscaping. e. For the Home Occupation Plan Review provide as applicable a scaled sketch layout of the site, building elevations or pictures, floor plan, sign location, vehicle information, use description, exterior changes, abutters list, and any other pertinent information. Pay for abutter s notification, advertising, and scheduled fees prior to the public hearing. 4. Home Occupation Plan Review or Conditional Use Permit is not required for a home office, hand craft creation, or telecommuting type uses provided all the following are met: a. All the requirements of item #P.2. are met b. The use is a home office, hand craft creation, or telecommuting c. There are no on-premise public, clients, or employees not dwelling in the home d. The use is conducted by the resident of the dwelling e. There is no signage related to its use f. There are no regular deliveries/pick-ups g. There are no business or commercial vehicles Revise Zoning Ordinance Table 1 Use Regulations ACCESSORY USES item #1 with additions highlighted and deletions crossed-out to correct housekeeping error from a 2007 amendment as follows: 1. Home occupation in accordance with Article IV General Provisions section P. Home Occupation. not involving the on-lot fulltime employment of persons not dwelling in the home

5 Proposed Amendment #3 Table 1 - Renting #3 Condensed Version: Are you in favor of the adoption of Amendment #3 as proposed by the Planning Board for the Town Zoning Ordinance as follows: Amend Table 1, Use Regulations RETAIL AND SERVICES: Revise existing language by adding or renting as highlighted in the following: Item #2. Retail establishment selling or renting general merchandise, including, but not limited to: dry goods, apparel and accessories, furniture and home furnishing, home equipment, small wares, and hardware and including discount and limited price variety stores and, Item #6. Establishment selling or renting new or new and used automobiles and trucks, new automobile tires and other accessories, aircraft, boats, motorcycles and household trailers #3 Full Version: same as above

6 Proposed Amendment #4 Table 1 Amusement in C-1 #4 Condensed Version: Are you in favor of the adoption of Amendment #4 as proposed by the Planning Board for the Town Zoning Ordinance as follows: Amend Table 1, Use Regulations RETAIL AND SERVICES: by adding a new item #19-a as follows: Other amusement and recreation service, outdoor; excluding camping groups, and indicate it to be allowed by Special Exception only in Zoning District C-1 Commercial. #4 Full Version: same as above

7 Proposed Amendment #5 Sign Requirements #5 Condensed Version: Are you in favor of the adoption of Amendment #5 as proposed by the Planning Board for the Town Zoning Ordinance as follows: Amend Article XII Sign Requirements by revising sections A & B to clarify sign requirements and the permit process; and add section E for Temporary Sign requirements. #5 Full Version: Are you in favor of the adoption of Amendment #5 as proposed by the Planning Board for the Town Zoning Ordinance as follows: Amend Article XII Sign Requirements by revising sections A & B to clarify sign requirements and the permit process; and add section E for Temporary Sign requirements as follow: A. The purpose of this article is to provide standards for the size and treatment of signs within the various zoning districts. Signage can have a significant impact on the visual character of a community. Signage should not detract from the overall character of the town. B. SIGN STANDARDS -Any sign or use of signs shall conform to the following standards. 1. All signs shall be designed, constructed and maintained in accordance with this Zoning Ordinance and the Town of Warner NH Building Code Ordinance. Signs shall be constructed of permanent materials and shall be properly attached to the ground, building or other structure. Signs may also subject to State and Federal regulations. 2. Sign Permit Process: a. Sign configurations and location for all non-residential, multi-family, and home occupation uses shall be approved by the Planning Board to assure compliance with the Town of Warner Site Review Regulation, prior to submitting a Sign Construction Permit application to the Board of Selectmen or their Agent. Temporary signs as listed in this Article do not required Planning Board review. b. A Sign Permit Application must be completed, submitted to the Board of Selectmen s Office, and approved prior to erecting, altering, or relocating a sign. c. Sign Permit Applications are approved by the Board of Selectmen if they find the proposed sign conforms to the town s Zoning Ordinance and Regulations. 3. Signs advertising or identifying the occupant or activity of a lot on which they are located shall be permitted in any district subject to the requirements contained in this Article. 4. Temporary signs requirements are in the Temporary Sign section at the end of this Article 5. The height of any freestanding sign shall not exceed fifteen (15) feet. Building mounted signs shall be below the eave of a hip, gable, gambrel, or other pitched roof building, or below the main roof deck line of a building with a mansard roof, 6. SIGN AREA COMPUTATION per Article II Definitions and as defined in this Article. 7. The area of signs allowed in the C-1 Commercial and B-1 Business Districts shall be per Section C and D of this Article. 8. In R-1, R-2, R-3, OC-1, and OR-1 Districts, one sign, not exceeding four (4) square feet in area, shall be allowed for each residence. Signs shall be a maximum of six (6) feet high and may not be located within ten (10) feet of an abutter. Signs for uses permitted by Special exception shall be subject to such conditions as the Board of Adjustment may impose. 9. One (1) sign per lot shall be permitted in any district for an approved Home Occupation. The maximum area of the sign for Home Occupation shall not exceed four (4) square feet and shall not be more than six (6) feet high. 10. Permanent Directional Signs indicating the direction to a residence or business may be located off-site from the lot of the use. Directional Sign size shall not exceed two (2) square feet. Location, size, and Page 1 of 3

8 materials shall be approved through the Board of Selectmen sign permit process. Written permission of adjacent land owner is required. 11. Signs or lighting of signs shall not be placed in such a position as to endanger traffic on a street or pedestrians on a sidewalk by interfering with motorist s vision by obscuring a clear view or by confusion with official street signs or signals. 12. On-site signs associated with a legal non-conforming use shall be maintained and may be replaced in kind if necessary. Non-conforming signs shall not be expanded. 13. Signs for a use that has not operated within the previous ninety (90) days shall be removed within thirty (30) days. Seasonal businesses or businesses temporarily not in operation may be exempt from this requirement through the review and permit process. At their option, seasonal business may remove their sign at the end of the season and reinstall it at the start of the next season without needing a new permit. 14. If a sign permit has been issued to a particular business and that business is sold, a new sign construction permit will not be required if the new company has the similar type of business, the sign is the same size, the sign has the same coloring, and the sign is in the same location. 15. PROHIBITED SIGNS TYPES A. Signs which flash, have motion, are animated, create an illusion of movement, or are internally illuminated. See Temporary Signs at the end of this Article for exceptions. B. Signs attached to a tree or utility pole. C. Signs that could be mistaken for traffic control signs or lights. D. Signs painted directly on a building. E. Signs on a vehicle or trailer located for the purpose to advertize the business on-site F. Signs that may project over a public right-of-way or sidewalk unless the situation is such that the building to which the sign is attached is closer than five (5) feet from the public way or sidewalk. In such situations the sign shall be at an adequate height so as not be interfering with pedestrians, vehicular traffic, or snow removal. 16. SIGNS ALLOWED but EXEMPT from a SIGN PERMIT A. Signs required or erected by government agencies. B. Political signs per RSA 664:14-17-a. C. Certain Temporary Signs where indicated in this Article. D. Signs indicating open, closed, sale or business hours located on premises and limited to one (1) square foot in area. E. Incidental signs on-site guiding traffic related to parking spaces, loading spaces, stacking lanes, entry and exit drives, direction of traffic flow, and pedestrian ways on private property that do not exceed three (3) square feet and that bear no advertising. F. Residential sign and house number identifying principal owner of property not exceeding four (4) square feet, six (6) feet high, and set a minimum of ten (10) feet from an abutter s property line. G. Signs regulating or defining access to private property when the signs are less than one (1) square feet in area. This includes (for example) signs such as those indicating whether or not someone could trespass, hunt, hike, bike, or snowmobile on private property. H. Building/historical marker signs that do not exceed four (4) square feet in area. I. Signs indicating a State or National Register of Historic Places status of a property. J. National and State flags, and flagpoles. C. [no change to C] D. [no change to D] E. Temporary Signs Temporary signs shall comply with the following standards: 1. Definition Temporary Sign: Signs which are not permanent in nature. A sign that is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period of time after the erection of the sign; or a sign that is intended to remain on the location where it is erected or placed for a reasonably short or definite period of time after the erection of the sign. If the sign display area is permanent but the message displayed is subject to periodic manual changes, that sign shall not be regarded as a temporary sign. Page 2 of 3

9 2. Temporary Signs shall be displayed in an organized manner, properly secured, and not interfering with vehicle sight lines. 3. Temporary Signs requiring a temporary sign permit from the Board of Selectmen. a. Reoccurring temporary Direction Signs that are located off-site indicating the direction to a residence or business. Size shall not exceed five (5 square feet). The sign shall be located on land outside the traveled right-of-way and with the written permission of the property owner adjacent to the right-ofway where the sign is to be located. The sign shall be erected no more than one (1) days prior to the use and be removed immediately after the use. b. Temporary signs advertising civic group, church, town, or other governmental bodies which are internally illuminated, flashing or create an illusion of motion shall be erected no earlier than is perceived as necessary by the Board of Selectmen prior to an event and be removed within one (1) day after the event. c. On-site banners larger than sixteen (16) square feet up to a maximum of thirty (30) square feet at the discretion of the Board of Selectmen. d. Construction site identification sign On-site signage identifying the project, owner, developer, architect, engineer, contractor and sub contractor, funding source and may contain information of sale or leasing of the property. Sign shall not exceed thirty-two (32) square feet in the C-1 District or exceed sixteen (16) square feet in all other Districts, and shall not be illuminated. Sign shall not be erected prior to issuance of a building permit and shall be removed within thirty (30) days after the issuance of an occupancy permit. 4. Temporary Signs not requiring a permit a. Special event, auction, and events for non-profit organization portable signs not exceeding six (6) square feet shall be erected no more than seven (7) days prior to an event and be removed within one (1) day after. Corresponding temporary off-site direction signs not exceeding one (1) square foot in area. b. One (1) portable or mobile business related on-site sign per business shall not exceed 6 square feet in area and shall be displayed on the premises only during the time the business is open. c. Commercial flags or banner signs on premise displaying open or sale are allowed provided that there is only one said flag or banner per principal use. These shall be no more than sixteen (16) square feet, not exceed fifteen (15) feet in height, and shall be displayed only during the hours that the business is open. d. Signs attached temporarily to the interior of a building window or glass door, individually or collectively, not covering more that thirty-five (35) percent of the surface area of the transparent portion to which they are attached, and for a period of time not to exceed seven (7) consecutive days. e. One (1) temporary sign no larger the four (4) square feet advertising the contractor working at an existing residence during the time of its work. f. Yard sale signs not to exceed four (4) square feet erected not more than three (3) days prior to the sale and removed within one (1) day at the conclusion of the sale. g. Directional signs for seasonal agriculture during the season such as vegetables, corn, pumpkins, blueberries. Maximum area is two (2) square feet and shall be located on land outside the traveled right-of-way and with the written permission of the property owner adjacent to the right-of-way where the sign is to be located. h. Signs erected in connection with elections or political campaigns pursuant to RSA 664:14-17-a. i. Signs warnings of hazards highway, utility, tree service, and similar work. j. One (1) sign is allowed per lot containing the message that the real estate (including buildings) on which the sign is located is for sale, lease or rent with information identifying the owner or agent. Such signs shall not be illuminated and shall not exceed five (5) square feet in area in residential districts and Business B-1 district, or up to thirty-two (32) square feet in Commercial District C-1. These signs shall be removed immediately after sale, lease or rent. k. Directional Real estate signs to a subject property with maximum area of two (2) square feet are allowed off-site, but shall be located on land outside the traveled right-of-way and with the written permission of the property owner adjacent to the right-of-way where the sign is to be located. These signs shall be removed immediately after sale, lease or rent. Page 3 of 3