Salem (N.H.).

Annual report of the Town of Salem, New Hampshire (Volume 2008) online

. (page 12 of 14)
Online LibrarySalem (N.H.)Annual report of the Town of Salem, New Hampshire (Volume 2008) → online text (page 12 of 14)
Font size
QR-code for this ebook


which is consistent with the Town of Salem Master Plan. The process allows flexibility for the redevelopment project to be
proposed largely independent from current land use regulations, including the selection of land uses, density, setbacks,
buffers, building heights, lot sizes, lot dimensions, and parking requirements otherwise applicable to the property.

2) The Planning Board may grant Conditional Use Permits to vary the restrictions in 309-45 (Permitted Uses), 309-46
(Restrictions) and Article XI (Off-Street Parking and Loading), consistent with the criteria noted below. An applicant is not
entitled to a Conditional Use Permit and the Planning Board may, in its discretion, decline to grant such permit if the Board
determines such permit is not justified or warranted in accordance with the below chteha and the intent of this regulation. This
provision is adopted as an innovative land use control pursuant to RSA 674:21, II and the Planning Board Is vested with sole
authority to administer it and to grant the conditional use permits. All other zoning regulations shall apply.

3) As part of the site plan approval process for large-scale redevelopment in the Commercial-Industrial C District, the
applicant/owner shall be required to prepare a Conceptual Development Plan for the entire parcel. The Conceptual
Development Plan shall show existing site conditions and proposed development, including the general types, locations
and intensities of proposed land uses and proposed traffic and pedestrian flows, and shall generally indicate how the
proposed development of the site will impact municipal services and facilities and abutting properties.

4) The Conceptual Development Plan shall meet the following criteria for redevelopment:

1. Creating a well planned and integrated development with a mixture of land uses, including residential, retail,
office, entertainment, hotels, restaurants, or other compatible land uses

2. Mitigating negative impacts on traffic, public utilities, municipal sen/ices, and natural resources

3. Limiting new access points on South and North Broadway

4. Providing transitions between existing and proposed land uses which protect residential abutters

5. Providing high quality site planning and architectural, landscaping and signage designs that meet the Retail
Design Standards in the Site Plan Review Regulations

6. Minimizing views of large parking lots from existing streets

7. Creating pedestrian and vehicular links to abutting parcels

8. Establishing open space and pedestrian amenities including useable common land and wide sidewalks

The Planning Board shall have sole authority for approval of a Conceptual Development Plan based on the criteria noted
above. The Board may approve amendments or revisions to a previously approved Conceptual Development Plan.

5) All subsequent site plans and subdivisions submitted to the Planning Board for approval within the parcel shall conform
to the Conceptual Development Plan and these provisions and the Site Plan Review Regulations. The Planning Board
may adopt additional performance standards for Large-Scale Redevelopment projects. The construction standards in the
Subdivision Regulations in Section 278-8, the Retail Design, Landscaping, Exterior Lighting, and Signage Standards in
Section 268-8A(8), and the Traffic Management Regulations in Section 268-8.1 shall apply

6) The addition or expansion of existing uses and facilities, including horse racing and/or gaming uses (as defined in
subsection 7 of this section 309-46S) shall not be subject to the provisions of subsections 1 through 5 of this section 309-

118



46S. The Planning Board may grant conditional use permits to vary the restnctions in section 309-45 (permitted uses),
section 309-46 (restrictions) and Article XI (off-street parking and loading), for the addition or expansion of existing uses
and facilities, including horse racing and/or gaming uses (as defined in subsection 7 of this Section 309-46S), consistent
with the following criteria:

The proposed addition or expansion must:

(a) mitigate negative impacts on traffic, public utilities, municipal sen/ices, and natural resources:

(b) limit new access points on South and North Broadway:

(c) provide transitions for protection to residential abutters:

(d) minimize views of large parking lots from existing streets:

(e) be consistent with the spirit and intent of the Zoning Ordinance: and

(f) not adversely affect the aesthetic character of the site and surrounding area.

An applicant is not entitled to a conditional use permit and the Planning Board may. in its discretion, decline to grant such
permit if the Planning Board determines such permit is not justified or warranted in accordance with these cntena.

This provision is adopted as an innovative land use control pursuant to RSA 674:21. II and the Planning Board is vested
with sole authonty to administer it and to grant the conditional use permits.

7) For purposes of this section 309-46S. the phrase "horse racing and/or gaming uses" shall include the operation ofpari-
mutuel wagenng on live horse racing, simulcast horse and dog racing, charitable gaming activities, and other gambling
activities that are or may be authonzed by the state of New Hampshire including the operation of slot machines, video
lottery terminals, electronic games of chance, racinos. and casinos For purposes of section 309-46S. expansion or
additions to horse racing and/or gaming uses shall include expansion of uses and accessory uses located within existing.
reconstructed, temporary, or new facilities used for horse racing or gaming. All other accessory uses shall comply with
subsections 1-5 of section 309-46S.

Article 4 - Allow taller office buildings in Commercial-Industrial Districts

To see if the Town will vote to adopt Amendment #2. as proposed by the Planning Board, to amend the Salem Zoning
Ordinance as follows:

Revise Section 309-46! to read as follows:

Buildings and structures shall not exceed either three (3) stories or a height of thirty-five (35) feet. Church steeples, flag
poles within the Commercial-Industrial Districts, and amusement rides in properly zoned amusement parks, may exceed
35 feet in height, but may not exceed 80 feet in height Office buildings may be allowed a maximum height of forty-five
(45) feet The Planning Board may grant a conditional use permit to allow office buildings, hotels, and conference centers
in the Commercial-lndustnal B District a maximum of five (5) stones with a maximum height of seventy-five (75) feet if the
following criteria are met:

1. The normal parking requirements are met:

2 The traffic management regulations in Section 268-8. 1 are met. including any required traffic mitigation;

3. There will be no adverse impact on neighboring properties:

4. There will be no adverse impact on traffic or pedestnan safety:

5. The aesthetic character of the site and the surrounding area will not be adversely affected:

6. The modification will be consistent with the spirit and intent of the Zoning Ordinance and the Master Plan.

An applicant is not entitled to a conditional use permit and the Planning Board may. in its discretion, decline to grant it if the Board
determines such penvit is not justified or wan^nted in accordance with the above criteria.

This Conditional Use Permit provision Is an intensity and use incentive in accordance with RSA 674:21(l)(c). It shall be

administrated by the Planning Board in accordance with RSA 674:21(11).

Whereas it is the intent of this ordinance that greater height may be permitted only in conjunction with conditions that will

mitigate adverse Impacts thereof, it shall be contrary to the spirit and intent of this ordinance to permit said greater height

by means other than the provisions of this section: and the intensity and use incentives permitted hereby shall not be

granted in conjunction with variances or exceptions not granted or administrated by the Planning Board under RSA

674:21(11).



119



Article 5 - Provide Conditional Use Permits for Sign Ordinance

To see if the Town will vote to adopt Amendment #3, as proposed by the Planning Board, to amend the Salem Zoning
Ordinance as follows:

Add a new Section 309-88.1 as follows:

309-88.1 CONDITIONAL USE PERMITS

The Planning Board may grant a conditional use permit to modify the requirements of Section 309-85B in limited respects
provided the Board finds that all of the following criteria are met:

1. The modification complies with the purposes of the sign regulations noted in Section 309-82;

2. The applicant's particular situation justifies a modification to the requirements;

3. The site is suitable for the proposed modification;

4. There will be no adverse impact on neighboring properties;

5. There will be no adverse impact on traffic or pedestrian safety;

6. The aesthetic character of the site and the surrounding area will not be adversely affected;

7. The modification will be consistent with the spirit and intent of the Zoning Ordinance and the Master Plan.

An applicant is not entitled to a conditional use permit and the Planning Board may, in its discretion, decline to grant it if the Board
determines such permit is not justified or wanranted in accordance with the above criteria.

This provision is adopted as an innovative land use control pursuant to RSA 674:21 and the Planning Board is vested with
sole authority to administer it and to grant the conditional use penvits.

Article 6 - Revise Temporary Commercial Sign Regulation

To see if the Town will vote to adopt Amendment #4, as proposed by the Planning Board, to amend the Salem Zoning
Ordinance as follows:

Revise Section 309-85B(6)(a)of the Sign Ordinance (Commercial Temporary Signs) as follows:

(a) A poste rs and or banners that does not exceed to twenty (20) square feet in size is permitted on a building or wall or
on an existing freestanding sign or one A-frame/sandwich board sign up to nine (9) square feet in size and no taller than
three (3) feet ate is permitted up to ?- 74 days at a time up to three (3) time per calendar year Total ar e a of such e i gne
shal l not e xc ee d thirty two (32) squar e f ee t at any g i v e n t i m e , and th e numb e r of such occas i ons sha ll not e xc ee d ei ght (8)
tim e s p e r year for any s i te. Permits are required for these temporary signs.

Article 7 - Revise Permitted Uses in Rural District

To see if the Town will vote to adopt Amendment #5, as proposed by the Planning Board, to amend the Salem Zoning
Ordinance as follows:

I i. Revise the wording of Section 309-29B (Permitted uses in Rural District) to read as follows:

B. Farming and agriculture activities, as defined and restricted by RSA 21:34-a, forestry, ae def i n e d by RSA21:3'1 - a ,
the keeping of cows, goats, sheep, horses, and other domestic non-commercial livestock (excluding the keeping of
pigs), greenhouses , k e nn els , and nurseries as defined in RSA 433:21, provided that no such use shall be allowed
on a lot less than 2 acr e s (87,120 sf.) 5 acres in size.

ii. Revise the wording of Section 309-45B(4) (Permitted Uses in Commercial-Industrial
Districts) to read as follows:

In Commercial-Industrial Subdistricts B and C , and Highway Comm e rc i al :

(4) Hospitals and funeral homes, animal hospitals, kennels and animal shelters, veterinarian establishments,
greenhouses and nurseries, roadside stands, printing plants, commercial laundry or cleaning plants.

ill. Add the following definition to Section 309-4:

Kennel - any building(s) or land used or operated as a business for the boarding, breeding, training or selling of five (5) or
more dogs, cats or other household pets.

120



Article 8 - Adopt 2006 NFPA Uniform Fire Code and 2006 International Fire Code

To see if the Town will vote to adopt Amendment #6, as proposed by the Planning Board, to amend the Salem Fire
Prevention Code as follows:

Revise Chapter 187 of the Salem Code as follows:
187-1 Change title date to 2009

187-3 Change International Fire Code 2000 Edition to 2006 Edition.
Change NFPA1 Uniform Fire Code 2003 Edition to 2006 Edition

187-7 E Change edition of International Building Code to 2006 edition

187-10A. Change paragraph to read:

An automatic sprinkler system shall be installed and maintained in accordance with the most recent revisions of: NFPA
13. 13D, 13R. 14. & 25 as applicable. Salem Fire Department Automatic Sprinkler Rules and Regulations and the contents
of this chapter In the locations specified herein and where required by the 2006 Edition of the International Building Code:

187-10A (14)(A) Add "and Fire Marshal" after "Town Assessor"

187-10A{14)(B) Add 7/7rot/g/J0t/r after "required fire protection systems"

1 87-1 1 A Change paragraph to read

Fire alarm systems shall be installed in accordance with the most recent revisions of NFPA 72 The National Fire Alarm
Code. NFPA 70 the National Electrical Code. International Building Code 2006 ed... International Fire Code 2006 ed..
Salem Fire Department Rules and Regulations and the contents of this chapter in the following locations:.

Change all dates of codes to 2006

187-1 1A(14) Change second sentence to read, "These regulations are incorporated in the Salem Fire Department Fire
Alarm Rules and Regulations and herein. '

187-1 1A. Add New Paragraph:

19) All fire alarm systems monitored or supervised by the Salem Fire Department shall be assessed an annual monitoring
fee each year beginning January 1. 2010 as established by the Board of Selectmen

A) A prorated fee equal to one-half the annual fee shall be assessed on July 1. 2009 for the 2009 calendar year upon
ratification of the Fire Prevention Code.

187-16 (2) Change NFPA 291 to most recent revision of NFPA 25

187-16 (5) (c) Change NFPA 13D 2002 to most recent revision of NFPA 13D

187-17 Change NFPA 25. 2002 Ed to most recent revision of NFPA 25
Change NFPA 291 to most recent revision of NFPA 25

Article 9 - Adopt 2006 Life Safety Code

To see if the Town will vote to adopt Amendment #7. as proposed by the Planning Board, to amend the Salem Life Safety

Code as follows

Revise Chapter 216 of the Salem Code as follows:

216-1 Title change to 2009

216-2 Change edition to 2006
216-3 Change edition to 2006

216-4 A) Change to 2006

B) Change to 2006

C) Change to 2006 and the International Building Code to 2006 Ed.

Remove Paragraphs F, G, H, and I
216-5 Change edition to 2006
121



Article 10 - Amend Floodplain Development regulations

To see if the Town will vote to adopt Amendment #8, as proposed by tlie Planning Board, to amend the Salem Zoning
Ordinance as follows:

Revise portions of Section309-91, 92, 93, and 93.1 as follows:

A. Revise Section 309-91 to read as follows: to reference the Flood Insurance Rate Maps prepared by the Federal
Emergency Management Agency.

The Flood Insurance Rate Maps referred to in Section 309-93.1 and the F l ood Boundary and F l oodway map post e d
h e rew i th. Community Pan el No. 3301 ' 120005B, as prepared for the Town of Salem by the Un i t e d Stat e s D e partm e nt of
Housing and Urban D e v el opm e nt Fed e ral I nsuranc e Adm i nistration Federal Emergency Management Agency, is are

hereby adopted, and such maps shall be a part of the Salem Zoning Ordinance and Salem Building Codes.

B. Revise Section 309-92 to read as follows:

Any development or encroachment, including fill, is prohibited in the floodway, as shown on the F l ood Boundary and
f l oodway map Flood Insurance Rate Maps referred to in § 309-91, which would result in the increase in flood levels during
the base flood discharge.

C. Revise Section 309-93 to read as follows:

No mobile home shall be placed in the floodway as shown on the f l ood boundary and floodway map Flood Insurance Rate
Maps referred to in § 309-91, unless the area is zoned for mobile homes and there is an existing mobile home park at
such location at the time of the adoption of this section.

D. Revise the following definitions in Section 309-93.1 A:

"Area of special flood hazard" is the land in the flood plain within a community subject to a one percent or greater chance
of flooding in any given year. The area Is designated as Zones A and AE on the Flood Insurance Rate Map.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings
or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or
materials.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and
is designed for use with or without a permanent foundation when attached to the required utilities. For floodplain
management purposes the term "manufactured home" includes park trailers, travel trailers, and other similar vehicles
placed on site for greater than 180 consecutive days. This includes manufactured homes located in a manufactured
home park or subdivision.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a
designated height. Th ese ar e as ar e d e s i gnat e d as floodways on th e F l ood Boundary and F l oodway Maps.

E. Add the following definitions in Section 309-93. 1A:

"New construction" means, for the purposes of determining insurance rates, structures for which the start of construction"
commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes
any subsequent improvements to such structures. For floodplain management purposes, new construction means
structures for which the start of construction commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such structures.

"Violation" means the failure of a structure or other development to be fully compliant with the community's flood plain
management regulations. A structure or other development without the elevation certificate, other certifications, or other
evidence of compliance required in Article XV Section 309-93. 1 E, H(2)(b), and G of this ordinance is presumed to be in
violation until such time as that documentation is provided.

F. Delete the following definitions in Section 309-93.1 A:

• Area of Shallow Flooding

• Flood Boundary and Floodway Map

122



• Flood Hazard Boundary Map
G Revise Section 309-93. 1 C to read as follows:

The Town of Salem shall review all building permit applications for new construction or substantial improvements to
determine whether proposed building sites will be reasonably safe from flooding If a proposed building site is in a f l ood
pron e special flood hazard area, all new construction and substantial improvements shall (i) be designed (or modified) and
adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, (n) be constructed with materials resistant to flood damage, (iii) be
constructed by methods and practices that minimize flood damages, and (iv) be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during conditions of flooding

H, Revise Section 309-93. 1D as follows:

Where new and replacement water and sewer systems (including on-site systems) are proposed in flood pron e ar e as a
special flood hazard area, the applicant shall provide the Town of Salem with assurance that new and replacement
sanitary sewage systems will be designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters, and on-site waste disposal systems will be located to avoid impairment to
them or contamination from them dunng penods of flooding

I Revise the first paragraph of Section 309-93 1G to read as follows

In rivenne situations, pnor to the alteration or relocation of a watercourse the applicant for such authonzation shall notify
the Wetlands Board Bureau of the New Hampshire Department o(_Environmental Services and submit copies of such
notification to the Town of Salem, in addition to the copies required by RSA 482-A:3. Further, the applicant shall be
required to submit copies of said notification to those adjacent communities as determined by the Building Inspector,
including notice of all scheduled hearings before the Wetlands Bureau.

J. Revise the second paragraph of Section 309-93. 1G to read as follows

Within the altered or relocated portion of any watercourse, the applicant shall submit to the Town of Salem certification
provided by a registered professional engineer assunng that the flood carrying capacity of the water course has been
maintained.

Along watercourses that have a designated Regulatory Floodway. no encroachments, including fill, new construction,
substantial improvements, and other development are allowed within the designated Regulatory Floodway th a t wou l d
unless It has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard
engineering practices that the proposed encroachment would not result in any increase in flood levels within the
community during the base flood discharge

In Zone A the Town of Salem shall obtain, review, and reasonably utilize any floodway data available from a Federal,
State, or other source as criteria for requiring that development meet the f l oodway r e qu i r e m e nts of th i s s e ct i on following
floodway requirement

"No encroachments, including fill, new construction, substantial improvements, and other development are
allowed within the designated Regulatory Floodway that would result in any increase in flood levels within the
community dunng the base flood discharge. "

Along watercourses that have not had a regulatory floodway designated, no new construction, substantial improvements
or other development (including fill) shall be permitted within Zon es A1 30 Zone AE on the FIRM, unless it is
demonstrated that the cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point
within the community.

K. Revise Section 309-93.1 H to read as follows:

1, In special flood hazard areas the Town of Salem shall determine the 100 year flood elevation the following order of
precedence according to the data available

a. In Zon es A1 30 a nd AH Zone AE. refer to the elevation provided in the community's Flood Insurance Study and
accompanying FIRM or FHBM .

123



b. In unnumb e r e d A zon e s Zone A the Town of Salem shall obtain, review, and reasonably utilize any 100 year
flood elevation data available from Federal, State, development proposals submitted to the community (example
subdivision, site approvals, etc.) or other source.

c. I n Zon e AO, th e 100 y e ar f l ood ele vation i s d e t e rmin e d by add i ng th e ele vation of th e h i gh e st adjac e nt grad e
to th e d e pth numb e r sp e c i f ie d on th e F I RM or i f no d e pth numb e r i s s p e c i f i ed on th e F I RM at le ast two f ee t.

2. The Town of Salem's 100 year flood elevation determination will be used as criteria for requiring in Zones A1 30, AE,
AH, AO and A A and AE that:

c. Recreational vehicles placed on sites within Zones A1 30, AH, and AE A and AE shall either (i) be on the site for

fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (m) meet all standards of
Section 60.3(B) (1) of the National Flood Insurance Program Regulations and the elevation and anchoring
requirements for "manufactured homes" in Paragraph (c) (6) of Section 60.3.

i: Propo se d structur e s to b e l ocat e d on sl op e s i n Sp e c i a l F l ood Hazard Ar e as, Zon e s AH and AD, s hal l i nc l ud e

ad e quat e dra i nag e paths to gu i d e flood wat e rs around and away from th e propos e d structur e .

Article 11 - Allow Accessory Apartments in Recreational District

To see if the Town will vote to adopt Amendment #9, as proposed by citizens petition, to amend the Salem Zoning

Ordinance as follows:

Add the following to Section 309-51 (Permitted Uses in Recreational District):

F. Accessory apartments as allowed under the provisions of the Residential District in Section 309-7. 1.


1 2 3 4 5 6 7 8 9 10 12 14

Online LibrarySalem (N.H.)Annual report of the Town of Salem, New Hampshire (Volume 2008) → online text (page 12 of 14)