PROPOSED ZONING AMENDMENTS FOR 2005 TOWN MEETING
January 14,= 2005
Proposed
language italicized.
Language=
to be
removed strikethrough.
Item #1: Amend Article IX Elderly H=
ousing
Sections 307-50, 51, 52, 53 of the Zoning Ordinance to modify standards for
elderly developments.
Existing language:
See attached.
Proposed language:
See attached.
Item #2: Amend Section 307-88.A of =
the
Zoning Ordinance to provide a more detailed description of the criteria
necessary to meet the “hardship” criterion.
Existing language:
307-88 Varia=
nces
(Amended March 9, 2004 ATM)
A. In order for a variance to be legal=
ly
granted, all of the following five (5) conditions must be present:
1. No
diminution in value of surrounding properties would be suffered.
2. Gr=
anting
the variance would not be contrary to the public interest.
3. De=
nial
of the variance would result in unnecessary hardship to the owner seeking it
because:
=
a.&=
nbsp; The
zoning restriction as applied to the property interferes with the reasonable
use of the property, considering the unique setting of the property in its
environment; and
b.&= nbsp; A fair and substantial relationship does not exist between the general purpos= es of the zoning ordinance and the specific restrictions on the property; and<= o:p>
c. The varianc=
e would
not injure the public or private rights of others.
4. By
granting the variance substantial justice would be done.
5. Th=
e use
must not be contrary to the spirit of the ordinance.
Proposed language:
307-88 Varia=
nces
(Amended March 9, 2004 ATM)
A. In order for a variance to be legal=
ly
granted, all of the following five (5) conditions must be present:
1. The variance will not be contrary to t=
he
public interest. No
diminution in value of surrounding properties would be suffered.
2. Special conditions exist such that lit=
eral
enforcement of the ordinance results in unnecessary hardship. Granting the variance would not=
be
contrary to the public interest.
A. Applicant seeking use variance
– Simplex analysis
i. The zoning restriction as
applied interferes with a landowner’s reasonable use of the property,
considering the unique setting of the property in its environment.
ii. No fair and substantial relationsh=
ip
exists between the general purposes of the zoning ordinance and the specific
restriction on the property.
iii. The variance would not injure the public=
or
private rights of others.
B. Applicant seeking area variance
– Boccia analysis
i. An area variance is needed to
enable the applicant’s proposed use of the property given the special=
conditions
of the property.
ii. The benefit sought by the applicant
cannot be achieved by some other method reasonably feasible for the applica=
nt
to pursue, other than a variance.
3. The variance is consistent with the sp=
irit
of the ordinance. Denial of the variance would result in unnecessary
hardship to the owner seeking it because:
=
a.&=
nbsp; The
zoning restriction as applied to the property interferes with the reasonable
use of the property, considering the unique setting of the property in its
environment; and
b.&=
nbsp; A
fair and substantial relationship does not exist between the general purpos=
es
of the zoning ordinance and the specific restrictions on the property; and<=
o:p>
c. The variance
would not injure the public or private rights of others.&=
nbsp;
4. Substantial justice is done. By granting the variance substa=
ntial
justice would be done.
5. The value of surrounding properties wi=
ll not
be diminished. The use=
must
not be contrary to the spirit of the ordinance.
Item 3: Amend Section 307-74.B of t=
he
Zoning Ordinance to increase the size of accessory dwelling units from a
maximum of 500 square feet to 750 square feet.
Existing language:
B. Accesso=
ry
dwelling units shall not contain more than one bedroom and shall not exceed=
500
square feet of living area, exclusive of entryways, or 75% of the footprint of the primary dwelling, whichever is
less.
Proposed language:
B. Accesso=
ry
dwelling units shall not contain more than one bedroom and shall not exceed=
500
750 square feet of living area,
exclusive of entryways, or 75%=
of
the footprint of the primary dwelling, whichever is less.
Item 4: Amend Section 307-76.II of =
the
Zoning Ordinance to define that the sale of three (3) or more vehicles per =
year
shall be considered a home occupation and shall not be permitted and to exc=
lude
automotive related uses as a home occupation.
Existing language:
307-76 Addit=
ional
Requirements for Home Occupations
II.
Minor Home Occupations
A
Minor Home Occupation is an accessory use of a home or accessory structure =
for
the purpose of conducting any non-agriculture business activity by a reside=
nt
of that home that meets the following conditions.
1. The occupation is clearly secondar=
y and
subordinate to the primary residential use.
2. A maximum of one on site non resid=
ent
employee.
3. No outdoor storage, merchandise, obnoxious or injurio=
us
by reason of the production or emission of odor, dust, smoke, refuse matter,
fumes, noise, vibration, heat or excessive illumination is prohibited. In addition, the use, storage, or
disposal of hazardous materials, chemicals, by-products, medical waste or
similar items considered dangerous to health and safety shall not be permit=
ted.
4. No incr=
ease
in traffic volumes beyond what is normally generated within the neighborhoo=
d.
5. A
maximum of one registered vehicle related to the business may be kept in
view. All other business rela=
ted
equipment must be garaged.
6.&n=
bsp;
Minor
Home Occupations are permitted as an accessory use without the approval of =
any
Town board or official in all Zoning Districts within which residential uses
are permitted.
Proposed
language:
II. Minor Home Occupations
A
Minor Home Occupation is an accessory use of a home or accessory structure =
for
the purpose of conducting any non-agriculture business activity by a reside=
nt
of that home that meets the following conditions. Home
occupations expressly do not include the parking or storage of tractor
trailers, auto body, auto repair or small engine repair or maintenance, or
other uses which involve the visible storage on the property of automobiles=
or
the parts thereof.
1. The occupation is clearly secondar=
y and
subordinate to the primary residential use.
2. A maximum of one on site non resid=
ent
employee.
3. No outdoor storage, merchandise, obnoxious or injurio=
us
by reason of the production or emission of odor, dust, smoke, refuse matter,
fumes, noise, vibration, heat or excessive illumination is prohibited. In addition, the use, storage, or
disposal of hazardous materials, chemicals, by-products, medical waste or
similar items considered dangerous to health and safety shall not be permit=
ted.
4. No incr=
ease
in traffic volumes beyond what is normally generated within the neighborhoo=
d.
5. A
maximum of one registered vehicle related to the business may be kept in
view. All other business rela=
ted
equipment must be garaged.
6. Deliver=
y of
goods and materials is limited to vehicles customarily associated with
residential deliveries.
7. The sale of three (3) or more vehi=
cles
per year shall be considered a home occupation and shall not be permitted. =
Minor
Home Occupations are permitted as an accessory use without the approval of =
any
Town board or official in all Zoning Districts within which residential uses
are permitted.
Item 5: Amend Section 307-90 of the
Zoning Ordinance to increase the amount of fines imposed from not more than
$100.00 to not more than $550.00 for each day violations may exist.
Existing language:
307-90 Violations and Penalties
Every
person, persons, firm or corporation violating any of the provisions of this
chapter shall be fined not more than one hundred dollars ($100.00) upon
conviction, for each day such violation may exist.
Proposed language:
307-90 Violations and Penalties
Every
person, persons, firm or corporation violating any of the provisions of this
chapter shall be fined not more than one hundred dollars ($100.00) upon
conviction, for each day such violation may exist. Any person, whether natural or corporate, violating any of the
provisions of this chapter, shall be fined not more than two hundred seventy
five dollars ($275.00) for a first offense and five hundred fifty dollars
($550.00) for subsequent offences for each day that such violation is found=
to
continue after the conviction date or after the date upon which the violator
receives written notice from the municipality that the violator is in
violation, whichever is earlier.
Item 6: Amend Section 307-40.A.1 of=
the
Zoning Ordinance to also allow wells to be located within the Wetland
Conservation District by the granting of a special permit and require appli=
cation
review by a Wetland Scientist.
Existing language:
307-40 Special
Permit
A.&=
nbsp; Special
permit may be granted by the Planning Board, after proper public notice and
public hearing, for undertaking the following uses in the Wetlands Conserva=
tion
District when the application has been referred to the Conservation Commiss=
ion,
Licensed N.H. Soil Scientist, and to the Health Officer for review and comm=
ent
at least twenty (20) days prior to the hearing.
1. Streets,
roads and other access ways and utility right-of-way easements, including p=
ower
lines and pipe lines, if essential to the productive use of land not so zon=
ed
and if so located and constructed as to minimize any detrimental impact of =
such
uses upon the wetland.
Proposed language:
307-40 Special
Permit
A.&=
nbsp; Special
permit may be granted by the Planning Board, after proper public notice and
public hearing, for undertaking the following uses in the Wetlands Conserva=
tion
District when the application has been referred to the Conservation Commiss=
ion,
Licensed N.H. Soil Scientist/Wetland
Scientist who shall act as a consultant to the Planning Board in its review=
of
this application, and to the Health Officer for review and comment at l=
east
twenty (20) days prior to the hearing.&nbs=
p;
1. Streets,
roads and other access ways, wells<=
/i>,
and utility right-of-way easements, including power lines and pipe lines, if
essential to the productive use of land not so zoned and if so located and
constructed as to minimize any detrimental impact of such uses upon the
wetland.
Item 7: Amend Section 307-69.LL of =
the
Zoning Ordinance to limit temporary signs to specific lengths of time, requ=
ire
it be for special events, and require a permit for each sign.
Existing language:
LL.=
Temporary
Sign: any sign, except
political signs, which is not permanently installed or affixed to any sign
structure or building. All
temporary signs not attached to a building must be stored inside the buildi=
ng
at the end of each business day.
These signs may only be displayed during normal business hours. The limit for each business is 2
portable signs, each not to exceed a total of sixteen (16) square feet in a=
rea,
or one (1) sign not to exceed thirty-two (32) square feet in area. Such signs may not be flashing or
illuminated; and must be set back at least ten feet from the edge of the
right-of-way.
Proposed language:
LL.=
Temporary
Sign: any sign, except
political, religious, municipal, or
personal, signs, which is not permanently installed or affixed to any s=
ign
structure or building. All
temporary signs not attached to a building must be stored inside the buildi=
ng
at the end of each business day. These signs may only be displayed d=
uring
normal business hours. The li=
mit
for each business is 2 portable signs, each not to exceed a total of sixteen
(16) square feet in area, or one (1) sign not to exceed thirty-two (32) squ=
are
feet in area. Signs shall only =
be displayed
for special events or on accepted civic, patriotic or religious holidays. Each
business shall be allowed one (1) sign not to exceed thirty-two (32) square
feet. Temporary signs shall not be maintained longer than thirty (30) days =
in
any ninety (90) day period whatsoever.&nbs=
p;
Signs shall not be attached to fences, trees, utility poles, rocks or
other parts of a natural landscape, nor be placed in a position that will
obstruct or impair traffic or in any manner create a hazard or disturbance =
to
the health, safety, and welfare of the general public. Such signs may not be flashing or
illuminated; and must be set back at least ten feet from the edge of the
right-of-way.
Item #8: Amend Section 307-13 of the
Zoning Ordinance to clarify that areas within a WCD setback may be counted
toward the minimum lot size and stipulate that slopes 25% or greater shall =
not
be counted in computing minimum lot size.
Existing language:
307-13 =
Computing
Minimum Lot Sizes.
&nb=
sp; =
When computing minimum lot sizes, o=
f the
total required land area for lot sizing, a minimum of 35,000 square feet of
naturally occurring usable land area must be contiguous. The intent is to provide for an ar=
ea
that adequately accommodates the building site and all required utilities s=
uch
as water supply and sewage disposal for on-site septic tanks and leach fiel=
ds;
this shall include both a primary and an alternate leach field location.
The following land shall not be cou=
nted
in computing minimum:
1.&=
nbsp; Land
areas having wetland soil symbols and classifications, using the High Inten=
sity
Soil Survey soil classification system.
2.&=
nbsp; Land
areas that would be flooded by a one hundred year flood, the scope of said =
one
year flood to be determined by the United States Department of Housing and =
Urban
Development and the Federal Insurance Administration.
3.&=
nbsp; Land
areas in the Recreation, Agricultural and Conservation District cannot be u=
sed
in computing minimum lot sizes.
4.&=
nbsp; No
lots which received final Planning Board subdivision approval prior to Janu=
ary
1, 1975, shall be deemed undersized non-conforming lots solely by reason of
enactment of this Subsection.
Proposed language:
307-13 =
Computing
Minimum Lot Sizes.
&nb=
sp; =
When computing minimum lot sizes, o=
f the
total required land area for lot sizing, a minimum of 35,000 square feet of
naturally occurring usable land area must be contiguous. The intent is to provide for an ar=
ea
that adequately accommodates the building site and all required utilities s=
uch
as water supply and sewage disposal for on-site septic tanks and leach fiel=
ds;
this shall include both a primary and an alternate leach field location.
The following land shall not be cou=
nted
in computing minimum:
1.&=
nbsp; Land
areas having wetland soil symbols and classifications, using the High Inten=
sity
Soil Survey soil classification system.
2.&=
nbsp; Land
areas that would be flooded by a one hundred year flood, the s cope of said=
one
year flood to be determined by the United States Department of Housing and
Urban Development and the Federal Insurance Administration.
3.&=
nbsp; Land
areas in the Recreation, Agricultural and Conservation District cannot be u=
sed
in computing minimum lot sizes.
4. Slopes 25% or greater.
45. <=
/span>No
lots which received final Planning Board subdivision approval prior to Janu=
ary
1, 1975, shall be deemed undersized non-conforming lots solely by reason of
enactment of this Subsection.
Item #9: Amend Section 307-28 and 3=
07-41
of the Zoning Ordinance to prohibit the removal from the Town’s above
ground water resources or below ground aquifers more than 1000 gallons of w=
ater
per day, unless said water is for the purpose of redistributing that water =
to
the landowners of Pelham.
Existing language:
=
307-28 Prohibited
Uses
Prohibited uses in the Aquifer
Conservation District include all other uses not permitted under this
section. Prohibited uses
specifically include:
A.&=
nbsp; Outdoor
storage of road salt or other piercing chemicals and dumping of snow contai=
ning
road salt or other piercing chemicals.
B. Solid and liquid waste disposal sit=
es,
including but not limited to demolition sites and lagoons.
C. Septage disposal sites and lagoons.=
D. Automotive service and repair shops,
junkyards, automotive junkyards and automotive salvage operations, as well =
as
any similar use which might potentially affect water quality.
E. On-site storage of hazardous =
waste
or toxic materials except temporarily as necessary in the ordinary course of
business. A permit from the P=
elham
Planning Board is required for such temporary storage.
F. Subsurface storage of petrole=
um and
other refined petroleum products except with suitable secondary barriers and
automatic alarm systems.
G. Industrial uses which discharge
contact-type process waters on the site.&n=
bsp;
Noncontact cooling water is permitted.
H. Excavation of sand or gravel except=
as
such use is conducted in accordance with an approved earth-removal permits
being issued by the Pelham Planning Board.
I. Bulk storage of toxic
material for resale or distribution.
307-41 Special Provisions [Amended ATM 199=
1;
amended ATM 1999]
A. Residential and commercial septic
leachfields must be setback from Wetland Conservation District areas the
following distances:
&nb=
sp; =
&nb=
sp;
1. Poorly Drained Soils - 25 feet
2. Very Poorly Drained Soils - 50 feet=
3. Ponds, streams and year-round brook=
s - 75
feet
B. No building or structure may be loc=
ated
within a Wetland Conservation District area.
Proposed language:
=
307-28 Prohibited
Uses
Prohibited uses in the Aquifer Cons=
ervation
District include all other uses not permitted under this section. Prohibited uses specifically inclu=
de:
A.&=
nbsp; Outdoor
storage of road salt or other piercing chemicals and dumping of snow contai=
ning
road salt or other piercing chemicals.
B. Solid and liquid waste disposal sit=
es,
including but not limited to demolition sites and lagoons.
C. Septage disposal sites and lagoons.=
D. Automotive service and repair shops,
junkyards, automotive junkyards and automotive salvage operations, as well =
as
any similar use which might potentially affect water quality.
E. On-site storage of hazardous =
waste
or toxic materials except temporarily as necessary in the ordinary course of
business. A permit from the P=
elham
Planning Board is required for such temporary storage.
F. Subsurface storage of petrole=
um and
other refined petroleum products except with suitable secondary barriers and
automatic alarm systems.
G. Industrial uses which discharge
contact-type process waters on the site.&n=
bsp;
Noncontact cooling water is permitted.
H. Excavation of sand or gravel except=
as
such use is conducted in accordance with an approved earth-removal permits
being issued by the Pelham Planning Board.
I. Bulk storage of toxic
material for resale or distribution.
J. No individual, company, or entity shall cause to rem=
ove
from the Town’s above ground water resources or below ground aquifers
more than 1000 gallons of water per day, unless said water is for the purpo=
se
of redistributing that water to the landowners of Pelham.
307-41 Special
Provisions [Amended ATM 1991; amended ATM 1999]
A. Residential and commercial septic
leachfields must be setback from Wetland Conservation District areas the
following distances:
&nb=
sp; =
&nb=
sp;
4. Poorly Drained Soils - 25 feet
5. Very Poorly Drained Soils - 50 feet=
6. Ponds, streams and year-round brook=
s - 75
feet
B. No building or structure may be loc=
ated
within a Wetland Conservation District area.
=
C. No
individual, company, or entity shall cause to remove from the Town’s
above ground water resources or below ground aquifers more than 1000 gallon=
s of
water per day, unless said water is for the purpose of redistributing that
water to the landowners of Pelham
Item #1: Amend Article IX Elderly H=
ousing
Sections 307-50, 51, 52, 53 of the Zoning Ordinance to modify standards for
elderly developments.
Proposed
language italicized.
Language=
to be
removed strikethrough.
(1-14-2005)
ARTICLE IX
SENIOR
& ELDERLY HOUSING
[Added 3-11-80 by bal=
lot by
the ATM, Art. 3]
307-49 Purpose
& Intent
It
is the intent of this Article to recognize the need for granting provisions
whereby appropriate housing alternatives may be provided for: active adults=
age
55 and over; elderly persons living independently; and, frail elderly perso=
ns.
To
provide affordable alternative housing for the senior and elderly populatio=
n in
the form of multiple attached or detached units.
The following uses shall be permitted under this article: A variety of housing types exclusively addressing the needs of senior citizens, including, but n= ot limited to: active adult homes and facilities; independent living facilitie= s; CCRC’s; ALF’s; congregate care facilities; nursing homes; and, skilled nursing facilities. <= o:p>
An
Senior, elderly, and adult community housing
complexes, as herein defined, s=
hall
be a permitted use in any zoning district, except for Industrial Districts =
and
Recreation-Conservation-Agriculture Districts where such use shall not be
permitted.
307-50 Definitions
As
used in this Article, the following terms shall have the meanings indicated=
:
A. Elderly Housing Complex: One (1) or more buildings conta=
ining
apartments dwelling units i=
ntended
exclusively for occupancy by elderly persons or couples (elderly as defined=
in
accordance with applicable federal regulations and housing types E through N in this section), wherein each four hundred fifty (450) seven
hundred (700) square feet of living space and each complex shall be loc=
ated
on a single parcel or lot of land.
1.
a. has
lasted or can be expected to last for a continuous period of not less than =
12
months; or which can expected to result in death;
=
&nb=
sp;
b. su=
bstantially
impedes the ability to live independently; and
=
&nb=
sp; =
c. is=
of
such nature that such ability can be improved by more suitable housing
conditions.
&nb=
sp; =
&nb=
sp; =
In
the case of a blind person who is at least 55 years old (within the meaning=
of
"blindness" as determined in Section 223 of the Social Security A=
ct),
and who is unable because of the blindness to engage in substantially gainf=
ul
activity requiring skills or abilities comparable to those of any gainful
activity in which he/she has previously engaged with some regularity over a
substantial period of time.
2.
a. is
attributable to a mental or physical impairment;
=
&nb=
sp;
b. is
manifested before the person attains age 22;
=
&nb=
sp;
c. is
likely to continue indefinitely;
d. re=
sults
in substantial functional limitations in three or more of the following are=
as
of major life activity:
i. self
care,
ii. r=
eceptive
and expressive language,
iii. learni=
ng,
iv. mobilit=
y,
v. se=
lf-direction,
vi. capacit=
y for
independent living,
vii. economic self
sufficiency; and
viii. <= /span>
<=
span
style=3D'font-family:"Times New Roman";color:red'>
307-51 Requirements for complex
Each elderly housing complex shall =
meet
the following requirements:
A.&=
nbsp; It
will be located on a single, undivided parcel or lot of land.
B.&=
nbsp; No
one (1) complex may contain in excess of forty (40) apartments dwelling units.
C.&=
nbsp; Each
apartment dwelling unit =
within
the complex shall contain at least four hundred fifty (450) seven hundred (700) square feet of
living space.
D.&=
nbsp; Each
complex shall contain one (1) parking space for each two (2) apartment unit,
notwithstanding any other requirements for on-site parking contained elsewh=
ere
in this chapter.
E.&=
nbsp; Apartment
units shall be one (1) bedroom units, except that up to twenty-five percent
(25%) of the units may be two-bedroom units.
D. Each dwelling unit shall have no mo=
re
than two bedrooms, and shall be specifically designed for occupancy by the
elderly providing for such things as emergency lighting, exits, fire safety
equipment, and adequate structural design features to permit handicapped ac=
cessibility
such as handicap ramps, etc.
E. Residential facilities design=
ed for
exclusive occupancy by senior citizens, as a minimum, must meet federal
regulations for such facilities.
F. Occupancy of each unit shall be restricted to persons
fifty-five (55) years and older, with the following exceptions:
1.<=
span
style=3D'font:7.0pt "Times New Roman"'> A
spouse under the age of fifty-five (55) married to a resident aged
fifty-five(55) or older.
2.<=
span
style=3D'font:7.0pt "Times New Roman"'> An
adult over the age of twenty-one (21), if their presence is required to pro=
vide
medical care to a resident aged fifty-five (55) or older or to the
resident’s spouse.
3.<=
span
style=3D'font:7.0pt "Times New Roman"'> Employees
of the elderly housing project (and family members living in the same unit)=
who
are under fifty-five (55) years of age, provided the employees perform
substantial duties related to the management or maintenance of the project’s facilities.
4.<=
span
style=3D'font:7.0pt "Times New Roman"'> Seniors
Housing with the age restriction set forth as that term is defined above in
Section 307-50.E.
307-52 Site Requirements
An elderly housing complex may only=
be
located on a lot or parcel which meets the following requirements:
A. The lot or parcel shall contain not=
less
than five (5) contiguous non wetlan=
d
acres and have at least 200’ =
of
frontage on a public road.
B. The lot =
or
parcel shall have a minimum of two hundred (200) feet of frontage on an
existing paved town or state highway.
CB. No part of the five (5) contiguous
acres shall contain wetlands, slopes exceeding fifteen twenty-five percent (15 25%) or any utility easements.
DC. All structure set backs will be th=
irty
feet (30 ft.) front and thirty feet ( 30 ft.) sides and rear.
307-53 Site Plan Approval
A. Each proposed elderly housing compl=
ex
must receive site plan approval from the Pelham Planning Board in accordance
with its Site Plan Regulations.
B.&n=
bsp; The Planning Board shall review all
applications for housing developments for the elderly according to the above
procedures and approve or deny such applications and require such covenants=
or
legal restrictions they deem necessary to insure the intent of the ordinanc=
e.
BC.&n=
bsp; Each
site plan for an elderly housing complex must:
1.&=
nbsp; Produce
some viable open space useful or beneficial to the residents of the complex=
.
21. Respect the integrity of adjace=
nt
single-family neighborhoods and, to the extent feasible, minimize any confl=
icts
with the character of the existing neighborhood.
2. <=
/span>The
design and site layout of the development shall maximize the privacy
of
the dwelling units, preserve the natural character of land where feasible,
provide for the appropriate separation of parking and living areas as
determined by the specific use, and consider such factors as orientation,
energy usage, view, etc.
&=
nbsp; 3. The development shall be land=
scaped
so as to enhance its compatibility with the Town with emphasis given to the=
use
of existing natural features where possible.
4.&=
nbsp; The
Planning Board may require sufficient landscaped or naturally vegetated buf=
fers
for adjacent uses. Buffers shall be maintained to provide continued
screening.
5.=
Performance Bond and other legal data shall be submitted as required=
by
the Planning Board to insure the completion of streets, buffers, and amenit=
ies
in accordance with the accepted plans and the subdivision regulations of the
Town of Pelham as adopted or hereafter amended.
307-53-1 Evaluation
Criteria
A.&n=
bsp;
=
Maximum safety of traffic access and
egress, with minimum impact on the capacity of existing roads and sufficient
parking areas to provide for adequate off-street parking.
B.&n=
bsp;
=
The reasonable screening of all par=
king
lots, service areas, and multi-family housing developments from the view of
adjacent residential properties and streets.
C.&n=
bsp;
=
Installation of public improvements=
and
amenities, at the expense of the applicant, to assist in the establishment =
of a
sound urban environment. Such improvements may include, but shall not be
limited to, granite curbing, sidewalks and street trees, extension of utili=
ties
and, when deemed necessary, improvements to existing roadways and/or draina=
ge
systems in order to adequately serve the proposed project.
D.&n=
bsp;
=
Conformance of the building and all
related signs and structures to the properties of the aesthetic character of
the area, as determined by consideration of architecture, building size and
type, scale of lot coverage, and consistency of uses in the immediate
area.
307-53-2 Development Standards.
A.&n=
bsp;
=
Senior facilities must be served by=
municipal
water and sewer, by private systems suitable for community use, or by
individual septic systems and wells approved by the Planning Board and the
state of New Hampshire.
B.&n=
bsp;
=
Facilities designed as dwelling uni=
ts
within the district may have a maximum of two bedrooms.
C.&n=
bsp;
=
Open space shall consist of no less=
than
30% of the lot area and shall be protected by covenants, recorded with the
plans, and deed restrictions. Open
space shall include all land areas without building structures, impervious
surfaces, and slopes greater than twenty-five (25%). No more than ten percent (10%) of =
the
open space can be hydric soil types or wetlands. At least 10% of the open s=
pace
shall be beneficial to the residents of the complex for walking trails or o=
ther
passive recreational uses.
1.&n=
bsp;
=
Entrances. Building entrances must =
comply
with all current accessibility regulations, however the use of ramps and li=
fts
is discouraged. Building should be designed with entrances that are barrier
free for the intended residential or commercial uses.
2.&n=
bsp;
=
No building shall contain more than=
six
(6) dwelling units, except that the Planning Board may permit more then six=
(6)
units per building when, in the Board’s sole discretion, such increase
provides specific, substantial benefits consistent with the purpose and int=
ent
of this Ordinance;
3.&n=
bsp;
=
Where there will be more than one (=
1)
building on a lot, buildings shall have a minimum horizontal separation of
thirty (30) feet. The Planning Board may require a greater separation where
topography, or other unique characteristics of the site or the development =
will
affect the use of emergency equipment between buildings;
4.&n=
bsp;
=
All units within a building shall h=
ave
at-grade access;
5.&n=
bsp;
=
No unit shall contain more than two=
(2)
bedrooms;
6.&n=
bsp;
=
Units may occupy two (2) floors, pr=
ovided
that at least one bedroom and one full bathroom must be situated on the flo=
or
containing the principal access and main living area for the unit.
7.&n=
bsp;
=
Parking for visitors and guests wil=
l be
provided as required by the Pelham Planning Board.
307-53-3 Additional Criteria for Approval
It is intended under this Section t=
hat
the Applicant comply with applicable state/federal law which imposes similar
requirements. To the extent that a state/federal regulatory agency concludes
that the Applicant has not fully complied with this Section, the Applicant =
must
comply with such state and federal requirements.
In addition, The Town of Pelham cur=
rently
has a Senior Center which will need to be expanded as more elderly and seni=
or
citizen facilities are built. Each
dwelling unit build under this ordinance will be responsible to pay an impa=
ct
fees specifically for the expansion, renovations and equipment needs of the
Pelham Senior Center and other Senior capital projects including transportation
vehicles that may be purchased to support and service the senior
population. This impact fee m=
ay be
adjusted annually by the
Any site on which an elderly housing
project is proposed shall be reviewed with respect to the proposed construc=
tion
and design of the elderly housing project containing the usual amenities and
living aids found in housing designed for use by the elderly.
All Elderly and Senior facilities a=
re
required to be inspected by the Town’s Building Inspector , Health
Officer, and Life Safety Officer for specific criteria required by them in =
providing
a safe environment for seniors and elderly. It is recommended that applican=
ts
meet with these individuals early in the building process to understand the
codes and requirements that they will need to meet.
That the topography and other chara=
cteristics
of the site are suitable for the type of development being proposed, and
conflicts with the character of adjacent neighborhoods will be minimal.
The design and layout of the develo=
pment
shall emphasize the rural character of the town, maximize the privacy of the
dwelling units, preserve the natural character of land, and consider such
factors as orientation, energy usage, views, etc.
307-53-4 Other Provisions
A.
Interpretation: To the
extent that the specific requirements of this Elderly Housing Ordinance are
inconsistent or at variance with any other requirements contained in the Zo=
ning
Ordinance, the requirements imposed herein shall govern and control an Elde=
rly
Housing proposal. To the extent that specific requirements imposed herein a=
re inconsistent
with or at variance with the requirements of the State of New Hampshire or =
the
requirements of the Federal Government with respect to the operation or
construction of an elderly housing project, such State or Federal requireme=
nts
shall supersede the requirements of this Ordinance.
B.
Legal Documents Required:
The Planning Board shall require such covenants or legal restrictions that =
it
deems necessary to insure the intent of this ordinance. The Planning Board =
may,
as appropriate, require review and approval of any such documents by legal
counsel to insure that the form and substance of such documents is sufficie=
nt
to achieve and preserve the requirements of this Ordinance. The provision a=
nd
review of any documents required hereunder shall be at the Applicant’s
expense.
C.
Assurances of Senior Residency: The Applicant shall provide deed
restrictions, use limitations, covenants, or some other legally enforceable
instrument, which shall permanently restrict occupancy of the housing
facilities to persons who meet all applicable restrictions regarding age. T=
he
language of the restrictions and/or limitation must be specific and must
correlate with current federal and state requirements for housing for older
persons under the Federal Fair Housing Act. Said assurances shall include
provisions for:
1.&n=
bsp;
=
The publication of, and adherence t=
o,
policies and procedures which demonstrate an intent by the owner(s) or
manager(s) to provide housing for persons fifty-five (55) years of age or
older; and
2.&n=
bsp;
=
Annual verification of compliance w=
ith
the age restrictions by reliable surveys and affidavits. Notice of the resu=
lts
of the annual verification process is to be provided to the Code Enforcement
Officer.
D.
Performance Guarantees Required<=
/u>:
The Planning Board shall require that a performance bond and/or such other
legal assurances be submitted as are required to insure the completion of
streets, buffers, amenities, or common area improvements, in accordance with
the approved plans and the Subdivision and Site Plan Regulations of the Tow=
n of
Pelham.
307-54 Septic
System
The
septic system for any elderly housing complex shall comply with the minimum
requirements imposed by the New Hampshire Water Supply and Pollution Control
Commission for the size of the complex proposed. No portion of the leach field shal=
l be
less than two hundred (200) =
seventy-five
(75) feet from the well or wells which are to service the complex or any
wells on adjoining properties.
307-55 Interpretation
To
the extent the specific requirements in this Article are inconsistent or at
variance with any other requirements contained in this chapter, the
requirements imposed herein shall govern and control an elderly housing
complex.