To amend 245-4 “Definitions” by adding definitions for “Clinic”, “Structure”, and “Use” and modifying definitions of “Bed and Breakfast Establishment”; “Dwelling, Two Family”; “Professional Services”; “Recreational Facility”; and “Setback”.
In Plain English: The amendment specifies a bed and breakfast establishment has three or more bedrooms, and specifies a two-family dwelling must be connected by a wall, garage or breezeway. It specifies health-related services are not included under professional services. In the recreational facilities definition, it specifies shooting ranges must be entirely enclosed facilities. It adds definitions for “clinic,” “structure” and “use” which were not previously included in the ordinance.
To amend Section 245-4 “Definitions” by modifying the use definition of “Health Care Facilities”; adding the definition as a permitted use in Sections 245-9 “Village Commercial District” and 245-9.1 “West Peterborough District”; and deleting a qualification of the use in Section 245-10.2 “Business/ Industrial District”.
In Plain English:In the definition for “health care facilities,” this amendment would eliminate nursing homes and assisted care facilities from the wording. It would allow health care facilities in the Village Commercial and West Peterborough Districts.
To amend 245-4 “Definitions” by adding a new use definition “Residential Care Facility” and adding this definition as a permitted use in 245-9 “Village Commercial District”, 245-9.1 “West Peterborough District”, 245-9.2. “Monadnock Community Health Care District”, 245-10. “Downtown Commercial District”, and 245-11.2 “Retirement Community District”.
In Plain English:This adds a new definition for a “residential care facility” which combines similar uses into one definition. It allows care facilities, including independent living facilities, assisted living facilities, nursing homes, short-term rehabilitation facilities, in the Village Commercial, West Peterborough, Monadnock Community Health Care, Downtown Commercial, and Retirement Community Districts.
To amend 245-4 “Definitions” by adding a new use definition “Residential Drug and Alcohol Treatment Facility” and add the definition as a permitted use in 245-9 “Village Commercial District”, 245-9.2. “Monadnock Community Health Care District”, 245-10. and “Downtown Commercial District”.
In Plain English:This creates a new definition for a residential drug and alcohol treatment facility. The definition includes detoxification, medical treatment and counseling centers. It would allow such centers in the Village Commercial, Monadnock Community Health Care and Downtown Commercial districts as a permitted use.
To amend 245-9.2. “Monadnock Community Health Care District” to allow clinics that provide outpatient facilities providing drug or substance abuse medical treatment as a permitted use.
In Plain English:Currently, clinics are allowed in the Monadnock Community Health Care District. The amendment adds language to specify that outpatient drug or substance abuse medical treatment are included in that category.
To amend 245-7. “General Residence District” and 245-8. “Rural District” to eliminate the requirement for obtaining a Special Exception from the Zoning Board of Adjustment for siting a religious institution (church) in these districts. As a result of this amendment, “Religious Institutions” will be listed as a permitted use in each of these two districts. Also to modify the name of an existing permitted use to be consistent with the corresponding use definition in 245-4 “Definitions”
In Plain English: Currently, in the general residence district, churches must go through a special exception process. This updates the zoning ordinance to let religious institutions in the district by right, in compliance with federal law.
To amend 245-11.2 “Retirement Community District”, Paragraph 3 “Permitted Uses” by eliminating the requirement of a Special Exception for siting commercial establishments that are limited in scope and intended to service the needs of the residents of the development. The amendment also eliminates valuation criteria that cannot be objectively measured.
In Plain English: The Retirement Community District currently allows commercial establishments serving the residents by special exception. This amendment would allow businesses that are accessory to residences without the need for special exception. It eliminates a requirement that the business not devalue nearby properties, as this requirement is hard to quantify.
To amend 245-14. “Groundwater Protection Overlay Zone” to separate a paragraph which includes sewer connection requirements pertaining to all new residential developments and impervious service requirements relating to all developments into two paragraphs. There are no proposed changes to any standards or procedures that will result from this amendment.
In Plain English:Currently, the amendment requires that in the Groundwater Protection Overlay Zone, properties may only have 20 percent of the land covered by impervious surface. This amendment clarifies those standards apply to all developments in the zone, regardless of the type of use.
To amend 245-15. “Wetland Protection Overlay Zone” to change the exemption for “Sedimentation /Detention Basins” to “Pre-existing Sedimentation/Detention Basins”; and to allow all stormwater management systems and utilities systems to be permitted and maintained in the Overlay Zone subject to a Conditional Use Permit.
In Plain English: Currently, the ordinance exempts sedimentation/detention basins or ponds from the Wetland Protection Overlay Zone permitted uses; the amendment changes that to pre-existing basins or ponds. It specifies that stormwater management systems and utilities in the zone must meet conditional use permit requirements.
To amend Section 245-24.6 “Workforce Housing” to clarify that “Multi-family Workforce Housing is permitted in any district that permits multi-family housing; to modify criteria for waiving or modifying lot and yard standards; to establish a timeframe that units will be guaranteed as affordable and to eliminate the requirements for an annual evaluation of housing stock.
In Plain English: The amendment clarifies that multi-family workforce housing units are allowed in any district which allows regular multi-family housing. It eliminates the requirement that the housing will not diminish surrounding property values, when a developer is applying for a conditional use permit. It specifies that the units will remain affordable for a period of 25 years, where currently, the ordinance does not specify any time limit. It also allows the Planning Board to extend the time the units must be affordable, if there is still a demand for workforce housing at the end of 25 years.
To amend Section 245-32 “Off Street Parking” to eliminate detailed criteria that must be met before the Planning Board can reduce the number of required parking spaces for a proposed use during site plan review; and to allow tandem parking to meet parking requirements for new residential development under certain conditions.
In Plain English:Currently, the Planning Board can allow a smaller number of off-street parking for a development, if there are circumstances such as shared parking, peak parking demand times, or other requirements. This amendment eliminates those conditions, and gives the Planning Board more flexibility to decide whether a development can decrease the number of parking spaces required, if it determines a smaller number meets the need. It allows tandem parking (parking front to back) on the driveway or in front of a garage to meet the residential parking standards.
To amend Section 245-41 “Conditions for Appeals and Criteria for Special Exceptions” by: deleting “Conditions for Appeals” from the title of the section; deleting and replacing all existing criteria with new, general criteria; and by clarifying that the general criteria will only apply when specific Special Exception criteria is not provided elsewhere in the ordinance.
In Plain English: This amendment simplifies the general Special Exception criteria.
To amend 245-42. “Duration of approval” by replacing the language in Paragraph A with language that is consistent with NH RSA 674:33.
In Plain English:This amendment brings the ordinance into conformance with state law. Currently, Special Exceptions and Variances are valid for two years from the date of final approval, and that remains the same in the new language.
(By petition) To rezone the land that previously consisting of one (1) parcel that is numbered U018-087-000 at 10 Laurel Street from Family District to General Residence District
In Plain English: This amendment would change a 1.48-acre lot on 10 Laurel Street from the Family District to the General Residence District. Currently, a portion of the eastern border of the lot abuts the General Residence District. If re-zoned, the owners plan to extend water and sewer lines to the property and develop six condominium units for elderly affordable housing. If the lot is not re-zoned, currently, about half of that could be built on the property under current zoning rules.
(By petition) Repeal Section 245-15.4 Traditional Neighborhood Overlay Zone II in its entirety and delete any reference to it appearing throughout the zoning ordinance; and Amend Section 245-15.3 Traditional Neighborhood Overlay Zone I to increase frontage and lot size requirements in the General Residence District, and setback requirements.
In Plain English:Zoning amendments put into place in 2018 and 2014, the purpose of which are to allow small lots and greater density in areas with existing town roads, sewer and water, would be repealed or amended with this amendment. Traditional Neighborhood Overlay Zone II would be repealed entirely. The Traditional Neighborhood Overlay Zone I would be amended to increase required lot sizes from 5,000 square feet to 7,500 square feet, and the frontage from 50 feet to 75 feet. Multi-family units would require 6,000 square feet per unit lots, where its currently 5,000 square feet plus 2,500 square feet for each unit.