Town of Bedford, NH 2018 Zoning Amendments

Town of Bedford, NH 2018 Zoning Amendments ZONING AMENDMENTS PROPOSED BY THE PLANNING BOARD: Amendment No. 1 Are you in favor of the adoption of Amendment No. 1 as proposed by the Planning Board for the Bedford Zoning Ordinance to amend Article III, Section 275-21, Attachment 2 Table 2, Table of Uses, Article VIII, Section 275-61 Performance Zone permitted uses, and Article I, Section 275-6 Definitions, as summarized as follows: To amend the Table of Uses and the uses permitted in the Performance Zone to remove certain uses that may no longer be appropriate in zoning districts, to add new uses that are missing from the table and to correct typographical errors. [This amendment is intended to update the Table of Uses to remove certain uses that may no longer be appropriate in zoning districts, to add new uses that are missing from the table and to correct typographical errors. The complete text of the 10-page amendment is on file for public viewing at the Town Clerk s Office and on the Town s Website.] Amendment No. 2 Are you in favor of the adoption of Amendment No. 2 as proposed by the Planning Board for the Bedford Zoning Ordinance to amend Article I, Section 275-6 Definitions, to define the term shortterm rental housing and to amend Article III, Section 275-21, Attachment 2 Table 2, Table of Uses, as summarized below: To define the term short-term rental housing and to amend the table of uses to prohibit shortterm rental housing in all districts. [This amendment is intended to define short-term rental housing and clarify the town s existing policy that the use is prohibited in all zoning districts. The complete text of the 1- page amendment is on file for public viewing at the Town Clerk s Office and on the Town s Website.] Amendment No. 3 Are you in favor of the adoption of Amendment No. 3 as proposed by the Planning Board for the Bedford Zoning Ordinance to amend Article IX, Section 275-73 General Provisions, to add a new subsection, by adding the words in bold as follows: U. In all non-residential districts, freestanding signs shall be a monument or directory type sign. (See figure 11, Center Identification Signs.) [This is a housekeeping amendment intended to clarify that freestanding signs in nonresidential districts need to be a monument style sign.] 1

Amendment No. 4 Are you in favor of the adoption of Amendment No. 4 as proposed by the Planning Board for the Bedford Zoning Ordinance to amend Article IX, Section 275-74, Subsection F(1), by deleting the words shown in the strikethrough and adding the words in bold as follows: The following business signs are allowed: one projecting sign, one ground or pole monument sign not to exceed 32 square feet in surface area, and one flat wall sign to a business unit not to exceed 32 square feet in surface area. [This is a housekeeping amendment is intended clarify the permitted sign types and sign area in the Neighborhood District.] Amendment No. 5 Are you in favor of the adoption of Amendment No. 5 as proposed by the Planning Board for the Bedford Zoning Ordinance to amend Article III, Section 275-22, Subsection D, by adding the words in bold as follows: Accessory structures shall comply with front, side and rear yard setbacks in accordance with Table 1, Table of Dimensional Regulations; except within the General (GR) District and the Agricultural (R&A) District, where one accessory structure of 120 square feet or less may have a minimum setback of five feet from the side or rear property line, provided the structure is not higher than 12 feet and is not placed on a permanent foundation. The wetland setback provisions found in Article IV, Section 275-28 shall not apply to the 120 square foot accessory structure described above. [This amendment is intended to reduce the setback requirements for an accessory structure of 120 square feet or less on properties in the Agricultural District and General District. The amendment also exempts this one accessory structure from the wetland setback provisions.] ZONING AMENDMENTS SUBMITTED BY CITIZEN PETITION: Amendment No. 6 Are you in favor of the adoption of Amendment No. 6 as proposed by petition of Kathleen Bemiss and others to amend the Town of Bedford Code, Chapter 275, Zoning, Article VI, WIRELESS TELECOMMUNICATION FACILITIES, Section 275-43, Design requirements for new commercial ground-mounted facilities, Subsection A(1), by deleting the words shown in strikethrough and adding the words in bold as follows: The height of any such wireless telecommunications facilities must not exceed 130 feet above the average existing ground level adjoining the structure 75 feet above the average existing ground level adjoining the structure in the & Agricultural District and the General District and must not exceed 130 feet above the average existing ground level adjoining the structure in all other districts. A favorable written recommendation from the Manchester Airport must be received by the Zoning Board of Adjustment if the proposed structure would be located within a five-mile radius of this airport. 2

[THE PLANNING BOARD SUPPORTS PASSAGE OF THIS AMENDMENT.] Amendment No. 7 Are you in favor of the adoption of Amendment No. 7 as proposed by petition of Kathleen Bemiss and others to amend the Town of Bedford Code, Chapter 275, Zoning, Article VI, WIRELESS TELECOMMUNICATION FACILITIES, Section 275-43, Design requirements for new commercial ground-mounted facilities, Subsection E, Fall Zone, by adding the words shown in bold as follows: Fall zone. A new ground wireless telecommunication facility must comply with the setback requirements for the zoning district in which it is located, or be set back 100% of its height from all property lines, habitable dwellings, businesses, institutional or public facilities, whichever is greater. Exceptions: In all districts, except the Agricultural District and the General District, the setback may be reduced by the Zoning Board of Adjustment upon a showing by the applicant that the facility is designed to collapse in a manner that will not harm other property. In the Agricultural District and the General District all wireless telecommunication facilities must be set back at least 750 feet from the nearest residentially zoned property. [THE PLANNING BOARD SUPPORTS PASSAGE OF THIS AMENDMENT.] Amendment No. 8 Are you in favor of the adoption of Amendment No. 8 as proposed by petition of William Greiner and others to amend the Town of Bedford Code, Chapter 275, ZONING, Article III, Section 275-21, Use Regulations, Attachment 2 Table 2, Table of Uses, by adding Footnote 40 to the permitted use Medical or Dental Clinic within all districts where the use is permitted. Footnote 40 shall read as follows: Licensed Surgical Centers shall not be permitted uses. To amend Town of Bedford Code, Chapter 275, ZONING, Article VIII, Section 275-61 Performance Zone Permitted Uses, by adding the words shown in bold to Subsection G, as follows: Medical/dental services and related facilities, including hospitals, and nursing homes and assisted living facilities. Medical and dental clinics are subject to Footnote 40 in Table 2, Table of Uses. [THE PLANNING BOARD SUPPORTS PASSAGE OF THIS AMENDMENT.] 3

Amendment No. 1 Relative to the Table of Uses, Permitted uses in the Performance Zone and Definitions. I. Amend Article I, Section 275-6, Definitions, by adding the following new definitions: EVENT/CONFERENCE CENTER: A facility, located in a building, which is rented, leased or otherwise made available to any person or group for the purpose of hosting public or private events of a social, civic, or business nature, often with accommodations for food service. MINI WAREHOUSING/SELF STORAGE FACILITY: A building or group of buildings, with controlled access, which contains individual, compartmentalized stalls or lockers for the storage of personal property, goods, or wares. II. Amend Article I, Section 275-6, Definitions, by adding the words in bold: COMMERCIAL RECREATION FACILITY/HEALTH CLUB: A health and/or recreation facility operated as a business and open to the public for a fee. It shall include health and fitness clubs, and specialty fitness uses, such as yoga studios or cross-fit facilities. It shall also include places of amusement, such as bowling alleys, miniature golf courses, and similar types of establishments. III. Amend Article VIII, Section 275-61, Permitted Uses, by deleting Subsection I. Government facilities and services, deleting Subsection M. Agriculture, and deleting Subsection N. Excavation Operations and re-lettering the Subsections that follow. IV. Amend Article III, Section 275-21, Attachment 2 Table 2, Table of Uses, to delete the table in its entirety and replace it with the attached new table. The following list summarizes the changes to the table and footnotes: Amend table to list Business center development as a permitted use within the Office District Delete the use category of Tourist information center in its entirety. Amend table to list Funeral homes as being subject to footnote #3, footnote #3 shall read Funeral homes shall not include a crematorium as an accessory use. Amend the table to change the use category recreation facility to recreation facility/health club and permit recreation facility/health club in the Civic Institutional,, -2, Service Industrial and Performance Zone. Amend table to list Membership club as being subject to footnote #11 in the Performance Zone. Footnote #11 prohibits Clubs for gunning, trap shooting, trapping or other similar purposes. 1

Amend table to remove Hotel and Motel as permitted uses in the Highway District. Amend table to add Event/Conference center as a new use category and list the use as permitted in the, -2, Civic Institutional, Office, and Performance Zone. Amend the table to list Gasoline service center as permitted in the Performance Zone with a CU rather than a P to clarify the use is permitted by Conditional Use Permit. Amend the table to list Wholesaling as a permitted use in the Service Industrial District. Amend the table to prohibit Excavation operations in the Performance Zone. Amend the table to add Mini warehousing/self-storage as a new use category and permit this use in the Service Industrial District. Amend the table to permit Information processing in the Office District. Amend the table to prohibit Hospital/sanitorium use in the Agricultural District and the and -2 Districts. Amend the table to prohibit Nursing homes and assisted living facilities in the Agricultural District and the General District. Amend the table to remove the extra P in the Day-care facility use category in the Agricultural and General Districts. Amend the table to remove Cemeteries as a permitted use in the Performance Zone. Amend the table to correct a minor spelling in the Golf course/country club use category. Amend the table to eliminate the Government facilities use category in its entirety. Amend the table to prohibit General farming in the Performance Zone. Amend the table to permit Warehousing as an accessory use in the Service Industrial District. Amend the table to permit Business office as an accessory use in the, -2, Office, Neighborhood, Highway, Service Industrial, and Performance Zone. Amend the table to eliminate the service facilities accessory use category in its entirety. Amend the table to permit Light manufacturing as an accessory use in the Service Industrial District. Delete footnotes #15, #21, and #29 because the uses were either removed from the district or deleted entirely. 2

ZONING00000 275 Attachment 2 Town of Bedford Table 2 Table of Uses [Amended 3-9-1993; 9-3-1993; 3-9-1994; 3-18-1994; 3-14-1995; 3-12-1996; 3-11-1997; 3-10-1998; 3-14-2000; 3-8-2005; 3-8-2006; 3-14-2006; 3-11-2008; 3-10-2009; 7-3-2011; 3-13-2012; 3-10-2015; 3-8-2016; 3-14-2017] (All dimensions are in feet unless otherwise noted) Use and Agricultural (R&A) General (GR) Apartment (AR) Civic Institutional (CI) (CO) Zoning District -2 (CO-2) Office (OF) Neighborhood (NC) Highway (HC) Service Industrial (SI) Single dwelling P P - - - - - - - - - Duplex dwelling - - P 1 - - - - - - - - Multiple dwelling - - P 1 - - - - - - - - Manufactured housing unit P P - - - - - - - - - Cluster residential development P 2 P 2 - - - - - - - - - Home occupations P 4 P 4 - - - - - - - - P 32 Accessory apartment P 27 P 27 - - - - - - - - - Elderly housing P 33 P 33 P 28 - P 28 P 28 P 28 - - P 28 - Boarding, lodging or rooming house - - - - - - - - - - - Workforce housing P 36 P 35, 36 P 35 - P 35 P 35 P 35 - - P 35 - Performance Zone (PZ) 275 Attachment 2:1 06-01 - 2017000 00

ZONING00000 Use and Agricultural (R&A) General (GR) Apartment (AR) Civic Institutional (CI) (CO) -2 (CO-2) Office (OF) Neighborhood (NC) Highway (HC) Service Industrial (SI) Bank or financial institution - - - - P P P - - - P Retail sales establishment - - - - P 5 P 5 P 6 P 7 P 8 - P 37 Business office - - - - P P P - - - P Professional office - - - - P P P - - - P Medical or dental clinic - - - - P P P - - - P Personal service establishment General service and repair establishment Business center development Zoning District - - - - P P - P P - P - - - - P 23 P 23 - - P - P - - - - P 9 P 9 P - - - P Restaurant - - - - P P - - P - P Restaurant, fast food - - - - P 34 P 34 - - P - P Funeral home - - - - S 3 S 3 - - - - P 3 Parking lot, garage - - - - S S - - P - - recreation - - - P P P - - - P P facility/health club Performance Zone (PZ) Membership club - - - P S 11 S 11 - - - - P 11 Hotel - - - - P 9 P 9 - - - - P Motel - - - - P 9 P 9 - - - - P Event/conference center - - - P P P P - - - P Gasoline service station - - - - - - - - P 12 - CU 12 275 Attachment 2:2 06-01 - 2017000 00

ZONING00000 Use Automobile and vehicle repair and Agricultural (R&A) General (GR) Apartment (AR) Civic Institutional (CI) (CO) Zoning District -2 (CO-2) Office (OF) Neighborhood (NC) Highway (HC) Service Industrial (SI) - - - - - - - - P - P Wholesaling - - - - - - - - - P P Rental and service of tools - - - - - - - - - P 22 P equipment Sale of building materials - - - - - - - - - P P Adult entertainment - - - - - - - - - - P 30 businesses Performance Zone (PZ) Kennel - - - - P P - - - - P Alternative treatment center - - - - - - - - - - CU 38 (non-cultivation location) Industrial Manufacturing - - - - - - - - - - P Light Manufacturing - - - - - - - - - P 13, 24 P Excavation operations - - - - - - - - - - - Warehousing - - - - - - - - - P P Mini-warehousing/selfstorage facility - - - - - - - - - P - Truck terminal - - - - - - - - - P 14 P 14 Wholesale and rental trades - - - - - - - - - P P Research and development - - - - - - P - - P 24 P facility Information processing - - - - - - P - - P 24 P 275 Attachment 2:3 06-01 - 2017000 00

ZONING00000 Use Alternative treatment center (cultivation location) and Agricultural (R&A) General (GR) Apartment (AR) Civic Institutional (CI) (CO) -2 (CO-2) Office (OF) Neighborhood (NC) Highway (HC) Service Industrial (SI) Public/Institutional Church or other place of worship P P - P - - - - - - P Educational institution P P S P P P - - - - P Hospital; sanitorium - - - - - - - - - - P Nursing homes and assisted living Public parks and playgrounds - - - - P 16 P 16 - - - - P P P P P P P P P P P P Day-care facility P 4, 17 P 4, 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 Cemeteries - - - P - - - - - - - Golf course/country club - - - P - - - - - - P Community center - - - P S S - - - - P Agricultural Gardens, nurseries, and P P 18 - - - - - - - - P greenhouses General farming P - - - - - - - - - - Livestock and poultry raising - - - - Zoning District - - - - - P 19 - - - - - - - - - - Accessory use Warehousing facilities - - - - - - P - - P P CU 39 Performance Zone (PZ) - 275 Attachment 2:4 06-01 - 2017000 00

ZONING00000 and Agricultural (R&A) General (GR) Apartment (AR) Civic Institutional (CI) (CO) Zoning District -2 (CO-2) Neighborhood (NC) Highway (HC) Service Industrial (SI) Use Office (OF) Helicopter operation P 20 - - - - - - - - - - Customary accessory uses P P P P P P P P P P P Business office - - - - P P P P P P 24 P Water-dependent structures - - - - - - - - - - P Light manufacturing - - - - - - P 13 - - P P Telecommunications Wireless telecommunications P 31 P 31 P 31 P 31 P 31 P 31 P 31 P 31 P 31 P 31 P 31 facilities Performance Zone (PZ) 275 Attachment 2:5 06-01 - 2017000 00

ZONING FOOTNOTES: 1. There shall be a minimum of 800 square feet of net floor space for each one bedroom dwelling unit and an additional 150 square feet of net floor area for a second bedroom. No more than two bedrooms per dwelling are permitted, and no more than 12 dwelling units shall be permitted in any one building. 2. Provided that such development complies with Article V, Cluster Development. 3. Funeral homes shall not include a crematorium as an accessory use. 4. Provided that such complies with 275-21F(1), Home occupations, of this chapter. 5. Including retail clothing, appliance, hardware and department stores; automotive accessory, drug and variety stores; grocery and supermarkets; cocktail lounges and liquor stores. Excluding the sale of automobiles, trucks, motorcycles, boats, snowmobiles, trailers, mobile homes, camping vehicles, and similar types of vehicles. Also excluded are oil, lubrication, car wash establishments, and automotive maintenance retail establishments. 6. Retail businesses are permitted only as an accessory use to, and located within, a building that contains a use that is permitted by right within this district. 7. Limited to the selling of groceries, meats, produce, drugs, stationary, hardware, baked foods (outlet only), floral arrangements, and household appliances. 8. Limited to the selling of general merchandise, appliances or automobile supplies, trucks, motorcycles, boats, snowmobiles, trailers, manufactured housing, camping vehicles and similar types of vehicles. 9. Provided that the lots have a minimum area of two acres and minimum frontage of 25 feet. 10. (Reserved) 11. Excluding clubs for gunning, trap shooting, trapping, or other similar purposes. 12. Gasoline service stations, with or without accessory service bays for repairs to automobiles, are permitted, but shall not include body or fender repair, painting, or used car sales or storage. A gasoline service station is not permitted to be located within two miles of an existing station in the Highway Zones. In the PZ Zone, gas stations are permitted only by a conditional use permit granted by the Planning Board. Parcels of land used for gasoline service stations may also contain a convenience food store. 13. Limited to the manufacturing or fabricating of parts from previously prepared materials. 14. Provided that the site shall be enclosed on all sides by a fence or wall at least six feet in height, and the parking area shall be paved and protected by barriers or wheel stops. The site shall be limited to one entrance and one exit no wider than 30 feet each. 15. (Reserved) 16. Provided that the lot has a minimum area of five acres and minimum frontage of 400 feet. 17. Provided that on the same lot there is not less than 50 square-feet of play area for each child and that activities associated with such use are properly screened or fenced from adjoining properties. 275 Attachment 2:6 06-01 - 2017

ZONING 18. Only customary agricultural operations, including gardens, nurseries, and greenhouses, will be permitted for home use only. 19. No commercial hog raising is permitted. 20. Shall be permitted as residential accessory use subject to the following: 21. (Reserved) a. The resident s lot upon which the helicopter is housed upon shall contain at least five acres; b. The New Hampshire Aeronautics Commission and the Federal Aviation Administration shall have approved the resident s lot for a private, noncommercial helipad; c. The helicopter shall be used for noncommercial purposes only; d. The helicopter shall be flown such that it be at normal operating altitude before flying directly over any residence; and e. The area where the helicopter is housed shall be appropriately screened such that the helicopter is not readily visible by abutters. 22. Excluding facilities for repair or maintenance of equipment, appliances, and vehicles having internal combustion engines. 23. Excluding shops for the repair or maintenance of automobiles, trucks, motorcycles, boats, snowmobiles, trailers, mobile homes, camping vehicles, and similar type vehicles. 24. The amount of floor space dedicated to office functions in research and development operations, information processing operations, and light manufacturing operations shall not exceed 40% of total floor area of each separate unit unless approved by the Planning Board. Approval of general office use greater than 40% of total floor area, but not to exceed 65%, will be based on a request by the owner of the property where the building is located. In evaluating this request the Planning Board will consider the following factors. 25. (Reserved) 26. (Reserved) a. Impact of the additional office space on municipal roads, sewer, and water systems. b. The availability on the site for additional parking, if required, and traffic movement. c. The impact of creating additional parking within buffers or green areas around the site and plant materials located adjacent to existing parking areas. 27. Subject to the standards set forth in 275-21I. 28. See 275-21B. 29. (Reserved) 30. Adult entertainment businesses shall be permitted subject to the standards found in 275-72 of this chapter and all other applicable zoning and site plan requirements. 31. Wireless telecommunications facilities shall be permitted subject to the standards found in 275-21A, Uses permitted by right, and 275-21C, Uses permitted by special exception of this chapter and all other applicable zoning and site plan requirements. 32. Only Level 1 home occupations will be permitted. 275 Attachment 2:7 06-01 - 2017

ZONING 33. Allowed only in cluster residential developments subject to 275-34J, Design standards for single attached dwellings for elderly and workforce housing. 34. Fast-food restaurants in the (CO) and -2 (CO-2) Zoning Districts shall not provide drive-up or drive-through service facilities and shall not provide curb service or outside drive-up or walk-up service windows. 35. Workforce housing shall be subject to the provisions of 275-21B(4) of this chapter. 36. Workforce ownership housing shall be subject to the provisions of 275-21B(5) of this chapter. 37. Excluding the sale of automobiles, trucks, motorcycles, boats, snowmobiles, trailers, tractors, commercial construction equipment, mobile homes, camping vehicles, and similar types of vehicles. 38. Alternative treatment center (non-cultivation location) shall be subject to the provisions of 275-21H of this ordinance. 39. Alternative treatment center (cultivation location) shall be subject to the provisions of 275-21H of this ordinance. 275 Attachment 2:8 06-01 - 2017

Amendment No. 2 Relative to Short-term rental housing I. Amend Article I, Section 275-6, Definitions, by adding the following new definition: SHORT-TERM RENTAL HOUSING: The rental of any residential dwelling unit, or portion thereof, for residential occupancy of less than 30 consecutive days. II. Amend Article III, Section 275-21, Attachment 2 Table 2, Table of Uses, in the category to add a new use entitled Short-term rental housing which shall be designated as prohibited in all zoning districts.