|
Proposed Zoning Amendments – 2009 (Final Version) ******************************************************************************
Proposed Zoning Amendment #1
Delete “sign” from Section 13.6.b.3.c (Removes signs from the list of activities which “shall” be reviewed by the HDC).
Add a new section 13.6.b.3.e as follows:
e. Erection or display of any sign; provided, however that the Historic District Commission shall, as part of its regulations, establish specific design criteria for signs which will not require Commission approval, so that the Land Use Officer may authorize signs which meet all of those criteria to be erected or displayed without the need of a Certificate of Approval from the Historic District Commission. Any person aggrieved by a decision of the Land Use Officer concerning whether such criteria are met may appeal to the Zoning Board of Adjustment under Section 5.2 of the Zoning Ordinance.
Note: The paragraph above follows the following:
“For the purpose of this article, the following activities shall be reviewed by the Historic District Commission:”
Rationale: Allows the Land Use Officer to enforce sign guidelines in most cases. Appeals go to the ZBA.
Proposed Zoning Amendment #2
Revise Section 13,2 as follows: Existing: 2. historic district overlay map Incorporated as part of this Article, the Historic Overlay District, as described in a map entitled Historic Overlay District dated December 13, 2005, is hereby adopted in accordance with RSA 674:46 as an overlay to the official Zoning Map of the Town of Bristol (see Map below). This map includes the properties in Bristol’s central business district that as of 2005 were listed on the US Department of the Interior’s National Register of Historic Places. In addition, an area comprised of those properties abutting the properties on the National Register will be included as a buffer zone. Proposed: 2. historic district overlay map Incorporated as part of this Article, the Historic Overlay District, as described in a map entitled Historic Overlay District dated December 13, 2005, is hereby adopted in accordance with RSA 674:46 as an overlay to the official Zoning Map of the Town of Bristol (see Map below). This map includes the properties in Bristol’s central business district that as of 2005 were listed on the US Department of the Interior’s National Register of Historic Places. In addition, an area comprised of those properties abutting the properties on the National Register will be included in the Historic District. Rationale: Would eliminate confusion as to whether the Buffer Zone is in fact part of the Historic District.
Proposed Zoning Amendment #3
4.11 SIGNS It is the objective of this section to provide for the regulation and restriction of signs which are confusing, distracting, or impair visibility, and to protect scenic views and the character of residential and rural areas. It shall apply to all districts unless the requirements of the district are specifically stated. A. Each new commercial sign over 4 square feet in area must receive a permit from the Land Use Officer unless exempted by a specific provision in this ordinance. A sign not meeting the standards of this section, but which was erected legally prior to March 2009, shall be considered a nonconforming structure under Section 4.12.C. Any such sign which is removed under the provisions of paragraph C of this section may be re-erected or replaced within one year but not afterward, in accordance with Section 4.12.C.1. B. The owner of any sign which is in, or falls into, disrepair shall be notified that such sign, if not repaired or replaced within thirty (30) days of notice shall be removed by the order of the Board of Selectmen. C. All signs associated with a business which terminates its operation must be removed within 30 days of the closure. D. The following types of signs are prohibited in all districts: 1. Signs using flashing electric lights. 2. Signs displaying symbols or messages which move or which change periodically on any electronic or mechanical basis. 3. Signs having revolving or moving elements, except for a revolving barber pole. 4. Signs designed to change display when viewed from different angles. E. Illuminated signs shall be lit by steady, white light through the use of sharp cutoff fixtures and top-down lighting. Lights for externally illuminated signs shall not be ground-mounted. Internally illuminated signs are prohibited; provided however, that the Planning Board, as part of site plan review, may grant a conditional use permit for an internally lit sign if it finds (i) that special circumstances, including relatively high traffic speeds, would limit the visibility of an externally-lit sign, (ii) that such sign would not adversely affect the character of the neighborhood, and (iii) that such sign is consistent with the objectives of this section and of the site plan review regulations. F. The overall height of any free-standing sign shall not exceed sixteen (16) feet above grade. The height of a sign shall be measured to the highest point of the sign, including any structural or ornamental projections above the sign proper, from the average ground level above which the sign is located. G. No sign shall be so erected, maintained or lighted such that it creates any traffic hazard. H. Free-standing signs shall be set back a minimum of five (5) feet from any lot line unless a variance is obtained under Section 5.3. I. The maximum area of free-standing signs shall not exceed 32 square feet on each of 2 sides. J. Where two (2) or more businesses occupy one building or are on one lot, not more than two (2) free standing signs may be erected on the property, except by variance. Neither of the signs may exceed thirty two (32) square feet in area on each of 2 sides. K. In addition to free-standing signs, each business may erect a sign on the structure. Signs that are affixed to the building shall have a maximum combined surface area of one (1) square foot for each foot in width of the structure on the side that the sign is attached or 32 square feet, whichever is less. The sign shall not extend above the parapet or eaves L. Signs projecting over public rights-of-way shall be permitted in conjunction with the business they serve if all of the following conditions are met: 1. The sign size does not exceed three (3) ft. x five (5) ft., for a total of fifteen (15) square feet of surface area per side. 2. No portion of the sign is located less than twelve (12) ft. from the surface of the right-of-way. 3. No portion of the sign extends over the vehicular traveled way. M. Off-premises signs or billboards of any size or type are allowed only by special exception granted by the Zoning board of Adjustment and must conform to all provisions of this ordinance. N. Residents may erect a single freestanding sign not exceeding 4 square feet in area, showing owners’ name, address, and allowed home occupation (if any). Persons conducting home occupations may further erect a single sign not exceeding 1 square foot on or adjacent to their mailbox. O. TEMPORARY SIGNS 1. Temporary signs, used for purposes of advertising and located on-premises, shall be allowed and do not require a permit. Such signs shall not exceed twelve (12) square feet in area and two in number. No temporary sign used for advertising shall be displayed for more than 30 consecutive days. 2. Temporary construction signs may be erected or posted on the site of any construction project with a permit. Such signs shall not exceed thirty-two (32) square feet in area, and shall be removed immediately upon completion of the project. 3. Temporary political signs shall conform to the provisions of RSA 664:17 and other applicable state laws. 4. Real Estate, Auction signs, premises for sale or rent, shall be permitted and do not require a permit. Such signs shall not exceed nine (9) square feet in area and shall be removed immediately upon completion of the auction, sale or rental of the property, or other reason for the installation of the sign. Said sign to be located only on the property that is for sale or rent. 5. Yard sale signs shall be permitted. Such signs shall not exceed dimensions of 18” x 18” and shall comply with all other requirements established by this ordinance and shall not be posted more than 24 hours prior to the commencement of the sale and shall be removed no more than two hours after its termination. P. MEASUREMENT OF SIGNS The area of a sign equals the area of the smallest rectangle or circle through which the entire sign can fit; excluding structural supports which do not contribute through shape, color, or otherwise to the sign’s message; but including any separate surface, board, frame or shape on or within which the sign is displayed. For signs the components of which are painted or engraved on, or otherwise applied directly to a building or other structure, the sign area shall include any background of a different color, material or appearance from the remainder of the wall or structure, and shall in any event enclose all letters, figures or representations related to the sign. Q. EXEMPTIONS The following signs shall be exempt from the provisions of the section: 1. All signs erected or posted by any agency or office of government for the specific use of said agency or office. 2. All signs indicating private property, forbidding trespass, hunting or other activities on the property. 3. All signs on private property intended to regulate, identify the structure or guide activities on the property, even though such signs may be visible from other property or properties, are permitted.
Proposed Zoning Amendment #4
Create a new Section 4.16 as follows:
4.16 FENCES
A. At the intersection of two public roads, no fence exceeding three (3) feet in height may be erected within triangles having two sides along the edge of the traveled surface which extend back twenty (20) feet from their intersection.
B. Fences erected along a public way shall be constructed with the finished smooth side facing the public way.
Rationale: Section A prohibits fences which would interfere with visibility at intersections. Section B assures that passers-by get the preferred view of the fence. Proposed Zoning Amendment #5
ARTICLE XIV. SMALL WIND ENERGY SYSTEMS
14.1 PURPOSE This small wind energy systems ordinance is enacted in accordance with RSA 674:62-66, and the purposes outlined in RSA 672:I-III-a. The purpose of this ordinance is to accommodate small wind energy systems in appropriate locations, while protecting the public's health, safety and welfare. In addition, this ordinance provides a permitting process for small wind energy systems to ensure compliance with the provisions of the requirements and standards established herein.
14.2 DEFINITIONS A. Meteorological tower (met tower). Includes the tower, base plate, anchors, guy wires and hardware, anemometers (wing speed indicators), wind direction vanes, booms to hold equipment for anemometers and vanes, data loggers, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. For the purpose of this ordinance, met towers shall refer only to those whose purpose is to analyze the environmental factors needed to assess the potential to install, construct or erect a small wind energy system. . B. Modification. Any change to the small wind energy system that materially alters the size, type or location of the small wind energy system. Like-kind replacements shall not be construed to be a modification.
C. Net metering. The difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer's small wind energy system that is fed back into the electric distribution system over a billing period.
D. Power grid. The transmission system, managed by ISO New England, created to balance the supply and demand of electricity for consumers in New England.
E. Shadow flicker. The visible flicker effect when rotating blades of the wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.
F. Small wind energy system. A wind energy conversion system consisting of a wind generator, a tower, and associated control or conversion electronics, which has a rated capacity of 100 kilowatts or less and will be used primarily for onsite consumption.
G. System height. The vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.
H. Tower. The monopole, guyed monopole or lattice structure that supports a wind generator.
I. Tower height. The height above grade of the fixed portion of the tower, excluding the wind generator.
J. Wind generator. The blades and associated components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.
14.3 PROCEDURE FOR REVIEW A. Building Permit. Small wind energy systems and met towers are an accessory use permitted in the Rural District where structures of any sort are allowed. No sma1l wind energy system shall be erected, constructed, or installed without first receiving a building permit from the Land Use Officer. A building permit shall be required for any physical modification to an existing small wind energy system. Met towers that receive a building permit shall be permitted on a temporary basis not to exceed 3 years from the date the building permit was issued.
B. Application. Applications submitted to the Land Use Officer shall contain a site plan with the following information: 1) Property lines and physical dimensions of the applicant's property as well as all areas of other properties located within 300 feet of the proposed system. 2) Location, dimensions, and types of existing major structures on the property as well as all areas of other properties located within 300 feet of the proposed system. 3) Location of the proposed small wind energy system, foundations, guy anchors and associated equipment. 4) Tower foundation blueprints or drawings drawn to scale. 5) Tower blueprints or drawings drawn to scale. 6) Setback requirements as outlined in this ordinance. 7) The right-of-way or traveled way (as appropriate) of any public highway or private road or driveway located within 300 feet of the proposed system. 8) Any overhead utility lines. 9) Small wind energy system specifications, including manufacturer, model, rotor diameter, tower height, tower type, nameplate generation capacity. 10) Small wind energy systems that will be connected to the power grid shall include a copy of the application for interconnection with their electric utility provider. 11) Sound level analysis prepared by the wind generator manufacturer or qualified engineer. 12) Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the NH State Building Code. 13) Evidence of compliance or non-applicability with Federal Aviation Administration requirements. 14) List of abutters to the applicant's property including addresses.
C. Abutter and Regional Notification: In accordance with RSA 674:66, the Land Use Officer shall notify all abutters and the local governing body by certified mail upon application for a building permit to construct a small wind energy system. The public will be afforded 30 days to submit comments to the Land Use Officer prior to the issuance of the building permit. The Land Use Officer shall review the application for regional impacts per RSA 36:55. If the proposal is determined to have potential regional impacts, the Land Use Officer shall follow the procedures set forth in RSA 36:57, IV.
D. Notices under C above shall inform the recipients of a date, at least 30 days from the date of the notice, upon which the permit is proposed to be issued, and shall further inform recipients of where the application materials may be reviewed, and of the opportunity to submit written comments to the Land Use Officer during the 30-day period. Any person aggrieved by the issuance of such a permit may administratively appeal to the Zoning Board of Adjustment pursuant to Section 5.2 of this Ordinance and RSA 676:5.
14.4 STANDARDS A. The Land Use Officer shall evaluate the application for compliance with the following standards: 1) Setbacks: The setback shall be calculated by multiplying the minimum setback requirement multiplier by the system height, and measured from the center of the tower base to property line, public roads, or nearest point on the foundation of an occupied building.
Minimum Setback Requirement Multipliers: -Occupied buildings on applicant’s property: 0 -Occupied buildings on abutting property: 1.5 -Property lines of abutting property and utility lines: 1.1 -Public roads: 1.5
a. Small wind energy systems must meet all setbacks for principal structures for the zoning district in which the system is located. b. Guy wires used to support the tower are exempt from the small wind energy system setback requirements. 2) Tower: The maximum tower height shall be restricted to 35 feet above the tree canopy within 300 feet of the small wind energy system. In no situation shall the tower height exceed 150 feet or 35 feet above the surrounding tree canopy, whichever is less. 3) Sound Level: The small wind energy system shall not exceed 60 decibels using the A scale (dbA), as measured at the site property line, except during short-term events such as severe wind storms and utility outages. 4) Shadow Flicker: Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. Significant shadow flicker is defined as more than 30 hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker will be addressed either through siting or mitigation measures. 5) Signs: All signs, including flags streamers and decorative items, both temporary and permanent, are prohibited on the small wind energy system, except for manufacturer identification or appropriate warning signs. 6) Code Compliance: The small wind energy system shall comply with all applicable sections of the New Hampshire State Building Code. 7) Aviation: The small wind energy system shall be built to comply with all applicable Federal Aviation Administration regulations including, but not limited to, 14 C.F .R. part 77, subpart B regarding installations close to airports, and the New Hampshire Aviation regulations including, but not limited to, RSA 422-b and RSA 424. 8) Visual Impacts: It is inherent that small wind energy systems may pose some visual impacts due to the tower height needed to access wind resources. The purpose of this section is to reduce the visual impacts without restricting the owner's access to the optimal wind resources on the property. a. The applicant shall demonstrate through project site planning and proposed mitigation that the small wind energy system's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to information regarding site selection, wind generator and tower design or appearance, buffering, and screening of ground mounted electrical and control equipment. All electrical conduits shall be underground. b. The color of the small wind energy system shall either be the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment. Approved colors include, but are not limited to, white, off-white or gray. c. A small wind energy system shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small wind energy system. 9) Approved Wind Generators: The manufacturer and model of the wind generator to be used in the proposed small wind energy system must have been approved by the California Energy Commission or the New York State Energy Research and Development Authority, or a similar list approved by the state of New Hampshire, if available. 10) Utility Connection: If the proposed small wind energy system is to be connected to the power grid through net metering, it shall adhere to RSA 362-A:9. 11) Access: The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of 8 feet above the ground. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. 12) Clearing: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations, and ordinances.
14.5 ABANDONMENT A. At such time that a small wind energy system is scheduled to be abandoned or discontinued, the applicant will notify the Land Use Officer by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.
B. Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Land Use Officer. "Physically remove" shall include, but not be limited to: 1) Removal of the wind generator and tower and related above-grade structures. 2) Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in its same condition at initiation of abandonment.
C. In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out of service for a continuous 12-month period. After the12 months of inoperability, the Land Use Officer may issue a Notice of Abandonment to the owner of the small wind energy system. The owner shall have the right to respond to the Notice of Abandonment within 30 days from Notice receipt date. After review of the information provided by the owner, the Land Use Officer shall determine if the small wind energy system has been abandoned. If it is determined that the small wind energy system has not been abandoned, the Land Use Officer shall withdraw the Notice of Abandonment and notify the owner of the withdrawal.
D. If the owner fails to respond to the Notice of Abandonment or if, after review by the Land Use Officer, it is determined that the small wind energy system has been abandoned or discontinued, the owner of the small wind energy system shall remove the wind generator and tower at the owner's sole expense within 3 months of receipt of the Notice of Abandonment. If the owner fails to physically remove the small wind energy system after the Notice of Abandonment procedure, the Land Use Officer may pursue legal action to have the small wind energy system removed at the owner's expense.
14.6 VIOLATION It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this ordinance. Small wind energy systems installed prior to the adoption of this ordinance are exempt from this ordinance except when modifications are proposed to the small wind energy system.
14.7 PENALTIES Any person who fails to comply with any provision of this ordinance or a building permit issued pursuant to this ordinance shall be subject to enforcement and penalties as provided in RSA 676:16 through 676:18.
Rationale: This is intended to complement newly enacted state law regarding wind turbines (RSA 674:63). It is based on the Model Ordinance provided by the Office of Energy and Planning.
Proposed Zoning Amendment #6 for 2009
Replace Section 4.10 with the following:
4.10 FIRE SAFETY REQUIREMENTS New buildings or buildings undergoing a change of use shall meet all requirements of the State Building Code and State Fire Code, and the applicable portions of all codes adopted by reference as part of those two codes.
Rationale: This would eliminate an outdated requirement for a masonry firewall between adjacent dwelling units, but require that both new buildings and those whose use is changed to meet current fire codes.
|