ARTICLE 11. SPECIAL EXCEPTIONS
11.1 Application
Certain uses, structures, or conditions are designated in Article 4 as special exceptions (E). Upon application duly made, the Board of Adjustment may grant a permit for a special exception, provided it finds after public hearing that the proposed use meets the general purpose, intent, and rules of this ordinance and the specific rules set forth in this article.
11.1 Application – When an applicant’s proposal requires both a special exception and Planning Board site plan review, the applicant shall first submit a site plan to the Planning Board and obtain a letter of Denial of Jurisdiction from the Planning Board prior to making application to the Zoning Board of Adjustment for the special exception. Said Planning Board letter shall specify the ordinance sections that apply to the special exception application. In the case of a two-family residence where a site plan cannot be compelled, application should first be made for a building permit for the conversion or construction. Upon denial of the building permit, application may then be made to the Board of Adjustment for the special exception. Upon acceptance by the Board of
Adjustment of the completed application, a public hearing will be scheduled. The proposal may also receive recommendations from the Selectmen, Director of Public Works, Conservation Commission, and if situated in the Historic District, from the Historic District Commission.
11.2 General Rules for Special Exceptions – Before granting a special exception, the Board of Adjustment shall determine that the following requirements are met:
(a) A site plan has been submitted to the Planning Board for approval, and for recommendation to the Selectmen, Conservation Commission, Director of Public Works, and, if situated in the Historic District, to the Historic District Commission;
(b) The site is appropriate for the proposed use or structure;
(c) The proposal is not detrimental, injurious, or offensive to the neighborhood;
(d) There will not be undue nuisance or serious hazard to pedestrian or vehicular traffic;
(e) Adequate and appropriate facilities and utilities will be provided to insure the proper operation of the proposed use or structure; and
(f) The proposal is consistent with the spirit of this ordinance and the intent of the Master and Comprehensive Plans.
11.3 Application Disposition – The Zoning Board of Adjustment may approve or deny, for reason, a special exception application. In approving a special exception, the Board may impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this ordinance.
11.4 Specific Rules for Particular Special Exceptions – Before granting an application for special exception for any use covered by this section, the Board of Adjustment shall determine that all the requirements are met for that special exception, as herein set forth.
11.4.1 Density Increases for Manufactured Housing Parks – The Zoning Board of Adjustment may grant special exceptions for one (1) or both of the following density increases subject to the requirements of Section 11.2, General Rules for Special Exceptions, and the following specified requirements being met:
(a) The allowed density determined by Section 6.21.1(b) may be increased by one hundred percent (100%) subject to the following additional requirements:
(1) Setbacks – A one hundred (100) foot setback shall be required along all boundaries of the park.
(2) Screening – Screening width shall be twenty-five (25) feet wide instead of six (6) feet, and in all other terms in conformity with the requirements of the definition of “Screen or Screening” in Article 3.
(3) Recreation Area – A useable area of no less than one thousand (1,000) square feet per allowed unit shall be set aside and maintained for the joint use of all the occupants of the park.
(b) The allowed density determined by Section 6.21.1(b) and 11.4.1(a) may be increased by fifty percent (50%) subject to the following additional requirements:
(1) Sewage Disposal – Connection of all units to a municipal sewer system.
11.4.2 Sand and Gravel – Removal of clay, sod, loam, sand, or gravel is permitted, either for private use or for sale, provided that all excavating, handling, processing, and storage facilities shall be removed and the area left in a safe and sightly condition and protected against erosion after excavation is completed.
(a) The applicant shall submit a site plan and erosion plan to the Planning Board for its approval, which indicates the area involved, existing and proposed contours, the estimated quantities to be removed, and the phasing of the project. Unless waived by the Planning Board, the site plan shall provide:
(1) That no excavation, except sod and loam, including resloping for stabilization and revegetation, shall be made within one hundred (100) feet of any property line or road right-of-way line or natural body of water or stream.
(2) Loam shall not be removed to leave a depth of loam of less than four (4) inches remaining, unless it is replaced with at least four (4) inches of loam after excavation is completed.
(3) All water courses on and off the site and all adjoining properties shall be protected against erosion and siltation by use of, but not limited to, siltation ponds, hay barriers, and diversion ditches.
(4) Final vegetated slopes shall not exceed one (1) vertical to two (2) horizontal.
(5) The site plan shall show a division of the deposit into the smallest practical sections that can be independently worked to final grade and restored to final revegetation.
(b) Regrading and revegetation for each section shall be done within either ninety (90) days after depletion of the deposit in that section or completion of the work for which the deposit in that section was opened; or three hundred sixty-five (365) consecutive calendar days after the last use of the deposit as a general source of supply.
(c) The Board of Adjustment may require the applicant to post a bond payable to the Town of Gilford in such form as Town Counsel may require, to become forfeit in case the operation is not carried out in accordance with the terms of the permit and to assure that the property will be restored to a safe and useable condition. The Board of Adjustment shall grant one (1) year renewals of the original permit for as long as it determines that the use has been maintained in accordance with the initial permit and approved site plan, and restoration has been performed as required.
(d) Abandoned entrance roads shall be regraded and permanently revegetated to assure that they are left in a safe and sightly condition and protected against erosion, within a period of ninety (90) days of abandonment or depletion. Excavation, handling, processing, and trucking of such material shall not be allowed between 8:00 P.M. and 7:00 A.M. and no operation shall be conducted on Sunday or state holidays. Abandoned excavated slopes shall not exceed one (1) vertical to two (2) horizontal.
(e) Owners of existing operations shall submit a site plan and conform to this ordinance within one (1) year of the passage of this ordinance.
(f) Any portion of the site that is depleted shall be regraded, loamed, and revegetated as soon as practical, and in no case more than one hundred eighty (180) days after such depletion. The Director of Public Works shall determine what areas must be so restored.
(g) The site plan shall include a restoration plan describing the process of site regrading and revegetion to commence within ninety (90) days after depletion of the deposit or within three hundred sixty-five (365) days after the last use of the deposit as a general source of supply.
11.4.3 Cluster Development – Where permitted by exception and the exception has been granted, single detached one-family dwellings or other lawful buildings may be constructed on certain lots in a cluster development (as hereinafter defined and limited), although such lots have less area and/or frontage than normally required. For the purpose of this section, a cluster development is a division of land into lots used, or available for use, as building sites where said lots are clustered together into one (1) or more groups, separated from adjacent property and other groups of lots by intervening common land.
(a) The purpose of rural cluster development, to which purposes it must adhere, are the following:
(1) To preserve the natural beauty of existing roads within the Town of Gilford and to encourage less intensive residential development.
(2) To allow diversity of housing opportunities, with open space areas and pedestrian and vehicular safety.
(3) To allow an efficient use of land, streets and utility systems.
(b) Anyone desiring to develop a parcel of land having unique topographic characteristics which, in their opinion, can use special development considerations, may request in writing to the Planning Board that such proposal be considered under the provisions of this article.
(c) Cluster developments may not be required to conform to minimum frontage and lot size requirements of the zone, but may be designed as per this section.
(d) The Planning Board may approve such cluster development provided that:
(1) The total area of land included within the development shall be ten (10) acres or more.
(2) The total number of lots shall not exceed the number of lots normally permitted under the zoning district in which the parcel is located.
(3) Each lot has an area of at least ten thousand (10,000) square feet.
(4) Every individual lot shall have a minimum width or depth of at least eighty (80) feet, except that any lot abutting an existing or arterial or collector street (as defined in the Planning Board Subdivision Regulations or indicated in the Comprehensive Plan) shall meet the frontage rules of the zone.
(5) The total area of common land within the development equals or exceeds the sum of the areas by which any individual lots are reduced below the minimum lot area normally required in the district.
(6) Every individual lot with less area than the amount normally required, abuts such common land for a distance of at least fifty (50) feet.
(7) The minimum width of common land between any group of lots and adjacent property, and between every two (2) groups within the development is fifty (50) feet.
(8) All lots shall be connected to a community water system and a public sewer system or equivalent.
(9) All common land shall be accessible from a road and shall be held in corporate ownership by the owners of lots within the development or accepted by the Town for general, public recreation. The developer shall include in the deed to the owners, beneficial rights in said common land, and an easement shall be conveyed to the Town of Gilford against development of said land and the erection thereon of any structures other than for neighborhood non-commercial recreational use, and the proportionate value of such common land shall be included in the tax valuation of each lot.
(10) No more than eight (8) units shall be in one (1) cluster.
(11) The developer shall provide a water supply for fire protection purposes that meets the requirements as set forth by the Fire Department.
(e) Each application for special permit hereunder shall be accompanied by a plan, in duplicate, prepared in accordance with the specifications of the Planning Board for preliminary subdivision plans with other details as deemed necessary by the Planning Board.
(f) The Planning Board shall study the plan with respect to the requirements of the Subdivision Regulations and approval under this article includes subdivision approval.
11.4.4 Planned Unit Development
(a) Application of Planned Unit Development – The provisions of this section shall apply only to a tract of land of at least twenty-five (25) acres, but no more than two hundred (200) acres owned by one (1) owner or corporation. In zones where permitted by exception, and after said exception is granted by the Zoning Board of Adjustment, application may be made to the Planning Board for a Planned Unit Development.
(b) Permitted Uses – As follows:
(1) Dwelling units in detached, semi-detached or two storied structures, of no more than six (6) units per structure, and no more than three (3) units per buildable acre (as per Section 5.1.1, Lot Size & Buildable Area).
(2) Non-residential religious, cultural, recreational, and business which will mainly serve the residents of the development.
(c) Standards and Criteria – The plan shall meet the following general standards:
(1) The land of development shall be suitable for the density as calculated per buildable acre, and no buildings shall be erected within the non-buildable areas. The location and site design of the project shall be in harmony with the established pattern of land use. Future development of surrounding areas may be considered. Any natural features, such as lakes or dense woods, shall be preserved and capitalized upon.
(2) The plan shall provide for a variety of housing types including single family detached homes, whether in individual, condominium, or corporate ownership. The mixture of unit types shall be coordinated with the Planning Board and subject to utility capabilities. No more than seventy-five percent (75%) of units shall have only single bedrooms, and no more than fifty percent (50%) of units shall have more than two (2) bedrooms.
(3) The total ground area occupied by structures and required parking areas shall not exceed twenty percent (20%) of total ground area of the development.
(4) Height of buildings shall be restricted to thirty-five (35) feet to provide for public safety, adequate light and air, and to maintain the neighborhood character. Structures shall be designed to ensure no degradation of the enjoyment of neighboring property.
(5) Style of the buildings shall be consistent with the best practices of the architectural profession and shall not conflict with development of any area designated as a historical area. Adequate provision shall be made for visual and acoustical privacy of individual dwelling units. Fencing, insulation within buildings, walks, barriers, and landscaping shall be utilized to the greatest extent for the protection and aesthetic enhancement of property and the privacy of occupants.
(6) Non-residential uses shall be only intended for the use of the residents of the development. Total space for commercial uses shall not exceed five percent (5%) of total buildable area, and be limited to convenience uses as determined by Planning Board. The total area of such uses and their parking areas shall not occupy more than five percent (5%) of the total ground area of the development. No building intended to be used for commercial purposes shall be completed prior to the completion of more than sixty percent (60%) of the dwelling units proposed in the plan. No shop or store shall contain more than two thousand (2,000) square feet of sales area, except a food store which shall contain not more than five thousand (5,000)
square feet of sales area. Any commercial structure shall be developed on the perimeter of the development and shall be set back from any main road. Once a certificate of completion has been issued for the commercial area, any physical expansion of the facilities shall require site plan approval by the Planning Board.
(7) The amount, characteristics, and location of common open space shall be consistent with the function of the common open space as set forth in the application, and provisions shall be made for ownership and maintenance of said common open space to assure its continuity and conservation. Open space is all uncovered land or water area within the planned unit development. Recreational space is for both active and passive recreation. These spaces shall be located for pedestrian access, with minimal vehicular access, and designed principally for the residents of the development. Water areas shall be kept unchanged except for improvements.
(8) The plan shall contain proposed covenants, easements, and other provisions relating to the bulk, location, and density of residential units, non-residential uses, and public facilities as are necessary for development and are consistent with the best interest of the neighborhood and the entire town.
(9) The Planning Board shall designate divisible geographic sections, of the entire development, and may specify reasonable periods within which development of each section must be commenced. The Board may permit in each section deviations from the number of dwelling units per acre established for the entire development, of up to two (2) per acre, if the deviation is adjusted for in other sections of the development so that the number of dwelling units per acre authorized for the development is not affected. At no time shall the density constructed or under construction exceed the maximum for the zone. No more than three (3) sections shall have construction taking place at once, and the third section will not be permitted until either sixty
percent (60%) of section one (1) is occupied or until section one (1) is ninety percent (90%) complete.
(10) Construction time of the entire development, and from the commencement date for each section thereof, may be modified from time to time by the Planning Board upon the showing of good cause by the landowner, provided that in no case shall each extension of time exceed twelve (12) months.
(11) Parking areas shall be designed and landscaped to minimize adverse effects on livability in the development. There should be no more than thirty (30) parking spaces to a single parking area. Service areas for delivery, storage, and trash collection purposes shall be provided where necessary.
(12) All utilities shall be underground. All developments must be connected to a public sewer system, and have a community water system.
(13) Pedestrian walkways shall provide, where practical, for separation between pedestrian and vehicular traffic, including pedestrian underpasses or overpasses.
(14) Besides open space requirements, the Planning Board may require a minimum of ten percent (10%) of the total building area be in developed recreational facilities. These facilities may include recreation building, swimming pool (not natural water features), tennis courts, handball courts, etc. Natural features that will be improved to become active recreational in character such as beaches, ball fields and bodies of water, cannot be included in this requirement. In cases where required, recreational facilities must be completed before approval will be given for more than seventy-five percent (75%) of dwelling units, or for occupancy of more then fifty percent (50%) of units.
(15) The outer boundaries of the development shall have a landscaped, green space buffer strip of one hundred (100) feet. Each residential area within the project shall have a buffer section to provide for transition between areas of different densities and uses. Privacy areas, such as screened patios or balconies, shall be included in each structure. Commercial areas may be set apart from residential areas by means of geographic features, street patterns, uses, fences, plantings, walls, or other buffering features.
(16) The developer shall provide a water supply for fire protection purposes that meets the requirements as set forth by the Fire Department.
(d) Any application under this section shall be accompanied by a written statement by the landowner setting forth the reasons why, in his opinion, the planned unit development would be in the public interest and would be consistent with the purpose of planned unit development and with the specific criteria published by the Planning Board. In this report the applicant shall prove that any commercial area shall serve primarily the residents of the project. This will require a market survey or economic feasibility report keyed to the estimated population of the completed development.
(e) After the certificate of completion has been issued, no changes may be made in the approved final development plan except upon application to the appropriate agency under the following procedures:
(1) Any minor extensions or alterations of existing buildings may be authorized by the Planning Board if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the size of any building by more than five percent (5%), the number of dwelling units, or the total building coverage.
(2) Any uses not authorized by the approved final plan, but allowable in the development as a permitted use under provisions in the zone in which the development is located, may be added to the final development plan under the procedures provided by the zoning ordinance for the granting of special exceptions.
(3) Changes in the use of common open space and all other changes may be authorized by amendment to the final development plan only with approval of the Planning Board.
(f) A planned unit development may be subdivided or resubdivided for purposes of sale or lease after the certificate of completion has been issued by the Planning Board. Approval for each subdivision or resubdivision may be granted for each section if the subdivision or resubdivision meets the provisions of this ordinance governing density, common open space, and setback requirements.
11.4.5 Campgrounds – A campground shall be a lot on which two or more tents, travel trailers, recreation vehicles, or tent trailers are used as temporary living quarters for recreation or education. The use of a camp site shall not be considered a subdivision and the campground shall be considered to be a single site under a single ownership. Sites are not to be sold or subdivided so as to permit separate ownership.
(a) There shall be a caretaker to maintain the park as needed.
(b) All campsites shall be graded for safe water drainage.
(c) Each site shall have a minimum of six hundred (600) square feet plus three hundred (300) square feet of parking space located either on-site or in a common parking area. Sites shall be at least fifty (50) feet from any public road.
(d) A twenty (20) foot wide buffer strip of dense trees and/or shrubs or natural forest, shall be maintained along all boundaries, sufficient to screen camp areas from full view off site.
(e) Within campgrounds all roads shall be well drained, graveled, or hard-surfaced, and maintained in good condition. All two-way roads shall be a minimum width of twenty (20) feet, and all one-way roads shall be a minimum width of twelve (12) feet.
(f) Water supply, garbage disposal and toilet facilities shall conform to the State of New Hampshire, State Department of Health and Welfare, sanitary laws and regulations.
(g) Management headquarters, recreational facilities, showers, laundry facilities, and other uses and structures customarily incidental to operation of a campground, are permitted as accessory uses.
(h) No tent, tent trailer, travel trailer, motorized camper, pick-up camper, or pick-up coach shall be used as a permanent year-round residence.
11.4.6 Multi-Family Development
(a) Application of Multi-Family Development – The provisions of this section shall apply only to a tract of land between five (5) and twenty-five (25) acres, owned by one (1) owner or corporation, in zones where permitted by exception, and after said exception is granted by the Zoning Board of Adjustment. Applicant may request a joint meeting under Article 10, Section 10.3.2, Joint Meetings.
(b) Permitted Uses – As follows: Dwelling units in detached, semi-detached, attached, or two- (2) storied structures, consisting of one- (1) family, two- (2) family, and multi-family units of not more than six (6) units per structure, and no more than three (3) units per buildable acre, and such other uses as are permitted within the zone.
(c) Standards and Criteria – the plan shall meet the following general standards:
(1) The land for development shall be suitable for the density as calculated per buildable acre (per section 5.1.1, Lot Size & Buildable Area) and no buildings shall be erected within the non-buildable areas. The location and site design of the project shall be in harmony with the established pattern of the land use. Future development of surrounding areas may be considered. Any natural features, such as lakes or dense woods, shall be preserved and capitalized upon.
(2) The plan may provide for a variety of housing types, including single family detached homes, whether in individual, condominium, or corporate ownership. The mixture of unit types shall be coordinated with the Planning Board and subject to utility capabilities. No more than seventy-five percent (75%) of units shall have only single bedrooms, and no more than fifty percent (50%) of units shall have more than two (2) bedrooms.
(3) The total ground area occupied by structures and required parking shall not exceed twenty percent (20%) of the total ground area of the development.
(4) Height of buildings shall be restricted to thirty-five (35) feet to provide for public safety, adequate light and air, and to maintain the neighborhood character. Structures shall be designed to ensure no degradation of the enjoyment of neighboring properties.
(5) Style of the buildings shall be consistent with the best practices of the architectural profession and shall not conflict with development of any area designated as a historical area. Adequate provision shall be made for visual and acoustical privacy of individual dwelling units. Fencing, insulation within buildings, walks, barriers, and landscaping shall be utilized to the greatest extent for the protection and aesthetic enhancement of the property and the privacy of occupants.
(6) The amount, characteristics, and location of common open space shall be consistent with the function of the common open spaces as set forth in the application, and provisions shall be made for ownership and maintenance of said common open space to assure its continuity and conservation. Open space is all uncovered land or water area within the multi-family development. Recreational space is for both active and passive recreation. These spaces shall be located for pedestrian access, with minimal vehicular access, and designed principally for the residents of the development. Water areas shall be kept unchanged except for improvements.
(7) The plan shall contain proposed covenants, easements, and other provisions relating to the bulk, location, and density of residential units, and public facilities as are necessary for development and are consistent with the best interest of the neighborhood and the entire town.
(8) Parking areas shall be designed and landscaped to minimize adverse effects on livability in the development. There should be no more than thirty (30) parking spaces to a single parking area. Service areas for delivery, storage, and trash collection purposes shall be provided where necessary.
(9) All utilities shall be underground. All developments must be connected to a public sewer system, and have a community water system.
(10) Besides open space requirements, the Planning Board shall have power to request up to but not to exceed ten percent (10%) of the total building area in developed recreational facilities. These facilities may include recreation buildings, swimming pools (not natural water feature), tennis courts, etc. Natural features that will be improved to become active recreational in character such as beaches, ball fields, and bodies of water, cannot be included in this requirement.
(11) The outer boundaries of the development shall have a landscaped green space buffer strip of fifty (50) feet for developments of one (1) to ten (10) acres, seventy-five (75) feet for developments of ten (10) to twenty-five (25) acres.
(12) Changes in the use of common open space and all other changes may be authorized by amendment to the final development plan, and with approval of the Planning Board.
(13) The developer shall provide a water supply for fire protection purposes that meets the requirements as set forth by the Fire Department.
11.4.7 Senior Housing
(a) Authority and Purpose – It is declared to be in the public interest and for the general welfare of the Town of Gilford to permit the development of senior housing facilities specifically suited to address the special housing needs of seniors. It is the purpose of this section to establish provisions under which senior housing developments may be permitted.
(b) Application for Senior Housing Development – The applicant for a senior housing development shall receive approval of a special exception from the Board of Adjustment, and shall also receive site plan approval from the Planning Board. An applicant may request a joint meeting as provided for in Section 10.3.2, “Joint Meetings”.
(c) Dwelling Type and Density – Dwelling units may be in detached, semi-detached, and/or attached structures, consisting of one-family, two-family, and/or multi-family units. Senior housing developments may be developed with not more than fifteen (15) units per buildable acre in residential zones and not more than twenty-four (24) units per buildable acre in non-residential zones. Structures in residential zones may be developed with not more than twenty-eight (28) units per structure.
(d) Utilities – All utilities shall be underground.
(e) Access – All units shall be serviced by a private roadway internal to the site and shall not have direct driveway access from a public street.
(f) Layout & Design – All senior housing developments shall be architecturally designed, located, landscaped, and buffered in a manner that does not adversely alter the character of the neighborhood.
(g) Open Space/Recreation Facilities – Adequate open space and recreation facilities shall be provided on site consistent with the overall density proposed. Recreational amenities shall be provided for each senior housing development. Recreational amenities shall include a community room sized appropriately for the project, and such other amenities as are suitable and commensurate with the size and occupancy of the development.
(h) Unit Mix – All developments shall provide for a mixture of one- (1) and two- (2) bedroom units. The maximum number of bedrooms per unit shall be two (2).
(i) Parking – A minimum of one and one tenth (1.1) parking spaces shall be provided for all one- (1) bedroom units and a minimum of one and three tenths (1.3) parking spaces shall be provided for all two- (2) bedroom units. In addition, one (1) parking space shall be provided and designated for maintenance vehicle parking per senior housing development.
(j) Fire Protection – All units shall meet all state and local life safety and fire code requirements.
(k) Lot Coverage – No senior housing development shall exceed the lot coverage typically allowed in the zone.
(l) Lot Frontage – All lots proposed to support a senior housing development shall have a minimum of fifty (50) feet of frontage on, or a minimum of a fifty (50) foot wide right-of-way on a town- or state-maintained road.
(m) Setbacks – In the SFR and LR zones, all lots proposed for senior housing shall maintain setbacks of fifty (50) feet from all property lines.
(n) Development Size – The minimum area of a senior housing development in a residential zone shall be three (3) gross acres and the maximum area shall be ten (10) gross acres.
(o) Permitted Uses – The uses permitted and permitted by special exception in a senior housing development are the same as those allowed elsewhere in the same zone as regulated by Article 4.
(p) Conflicting Regulations – To the extent that the specific requirements of this section are inconsistent or at variance with any other requirements contained within the ordinances of the Town of Gilford, the requirements imposed herein shall govern and control senior housing developments.
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