[Added by the 1982 Town Meeting]
A.
Intent.
(1)
Subdistrict I. It is the intent of this section to provide a
district within the community for the development and expansion of
business and professional office space. The architectural character
of the district shall remain as it is today, residential.
(2)
Subdistrict II. This district is in a section of the community
on Main Street that abuts a business district at the Methuen Town
line and has a heavily traveled thoroughfare that serves as the easterly
approach to Salem. It is the intent of this section to create a district
for the development and expansion of business and professional office
space to encourage orderly development that will promote and enhance
the community environment and to only permit development which is
residential in its architectural character.[1]
B.
Permitted uses.
(2)
The following shall be additional permitted uses in Subdistrict
I:
C.
Restrictions.
(2)
In the Business Office Subdistrict I, the gross square footage
for new buildings shall not exceed 12,500 square feet. The total size
of existing buildings and proposed additions shall not exceed 12,500
square feet.
[Added by the 2006 Town Meeting]
(3)
(4)
Landscaping and screening.
(a)
Landscaping shall be included in the overall site design that
enhances the aesthetic qualities and character of the district.
(b)
Dumpsters or other trash receptacles shall be screened on all
four sides. Screening shall also be required when necessary to protect
against the glare of lights or other visual impact that may negatively
impact adjacent properties.
(c)
Buffer zones shall be used whenever necessary to separate residential
and Business Office Subdistrict uses.
(5)
No more than one habitable structure shall be permitted on each
parcel. Garages and storage buildings may be permitted in addition
to the principal structure.
[Added by the 1985 Town Meeting]
(6)
Poorly drained soils and very poorly drained soils may be used
to satisfy up to 1/2 of the unoccupied lot requirement.
[Added by the 1985 Town Meeting]
(7)
Structures shall be residential in architectural appearance
with the following guidelines:
[Added by the 1990 Town Meeting]
(a)
Existing buildings with historic features should be preserved
whenever possible.
(b)
New buildings should be designed so that their scale, proportions
and materials blend with the existing residential character of the
district with consideration of the following items:
(c)
In Subdistrict I, new buildings should be designed to resemble
the traditional form of single-family residential and accessory buildings
found in the Salem area in the 18th and 19th centuries. Samples of
this architectural style can be found in Gilbert's History of Salem,
New Hampshire (available in the Kelley Library and Planning Department).
[Amended by the 2006 Town Meeting]
(d)
In Subdistrict II, new buildings should be designed to resemble
the traditional form of residential buildings found in the Salem area
in the 18th and 19th centuries. Samples of this architectural style
can be found in Gilbert's History of Salem, New Hampshire (available
in the Kelley Library and the Planning Department).
D.
Restrictions on community residential facilities. In Subdistrict
I, the following additional restrictions shall govern community residential
facilities:
[Added by the 1991 Town Meeting]
(1)
The community residential facility shall be built and managed
by a 501(C)(2) or a 501(C)(3) nonprofit organization as designated
by the Internal Revenue Service.
(2)
No more than five habitable structures shall be permitted on each parcel with a maximum of four dwelling units per structure. [This provision supersedes the first sentence of Subsection C(5) which places a limit of one habitable structure on each parcel.]
(3)
Each lot shall contain not less than 5,000 square feet of land area for each dwelling unit, and each lot shall have a minimum frontage of 150 feet. (These provisions shall supersede the requirements of § 490-202.)
(4)
In no case shall there be more than 20 dwelling units on each
lot.
(5)
There shall be no more than an average of two bedrooms per dwelling
unit.
(6)
No community residential facility may be located any closer
than 1,500 feet to any other community residential facility.
(7)
The community residential facility shall be townhouse-styled
dwelling units.
[Added by the 1982 Town Meeting]
A.
Intent. The Limited Community Shopping Village District is established
as a district in which the principal use of land is for activities
offering accommodations, supplies or certain specialized commercial
activities, such as retail outlets or service establishments, where
achieving conformity with abutting areas necessitates that commercial
development be limited and more closely regulated than in other commercial
zoning districts:
[Amended by the 1985 Town Meeting]
(1)
To encourage the construction of and the continued use of land
for commercial and service uses designed to serve both local and long-distance
travelers.
(2)
To provide for orderly and responsible development and concentration
of such uses in those areas as may be determined appropriate by the
Town Meeting.
(3)
To provide appropriate space and, in particular, sufficient
depth from the street to satisfy the needs of commercial development
where access is entirely dependent on the use of motorized vehicles.
(4)
To encourage the development of a district with such uses and
in such a manner so as to minimize traffic hazards and interference
from highway-oriented businesses and to enhance adjacent living environments
by providing for needed commercial services.
B.
Applicability of section. The following regulations shall govern
the erection and alteration of structures and the use of land in the
Limited Community Shopping Village District, except that they shall
not apply to existing structures nor to the existing use of any structure
but shall apply to any alteration of a structure for a purpose or
in a manner substantially different from the use to which it was put
before alteration.
C.
Permitted uses. Permitted uses shall be:
(1)
General consumer retail.
(2)
Offices, both professional and business.
(3)
Establishments serving food and beverage.
(4)
Banking facilities.
(5)
Day-care facilities.
(6)
All uses presently permitted in Rural Districts.
(7)
Studios and personal service shops.
[Added by the 1992 Town Meeting]
(8)
Community shopping villages in which:
[Amended by the 2012 Town Meeting]
(a)
No single store is larger than 8,000 square feet.
(c)
No part of any building shall be within 300 feet of a New Hampshire
dwelling in existence at the date of adoption of this section.
(d)
No parking area shall be within 100 feet of a New Hampshire
residential dwelling in existence at the date of adoption of this
section.
(e)
There shall be maintained a landscaped area containing shrubbery,
plantings, trees, benches and grass, which area shall be maintained
between the parking area and/or the structures, and any adjoining
roadway in such area shall be at least equal in square footage to
the total footage of all buildings on the site.
(9)
Other uses compatible and consistent with the above uses which
do not create excessive noise, light or odors.
D.
Restrictions. The following restrictions shall govern uses under
this section in the Limited Community Shopping Village District:
[Added by the 1985 Town Meeting]
(2)
Where a lot sides or rears upon property in any residential
zoning district, a landscaped yard of at least 25 feet deep shall
be provided. Any such yard shall be used and maintained only as a
landscaped planting or screening strip, except for accessways, on
which shall be placed hedges, evergreens, shrubbery or other suitable
planting or screening materials. Plantings within the twenty-five-foot
yard shall effectively screen from view activities in the abutting
zoning districts.
E.
Special requirements.
[Added by the 1985 Town Meeting]
(1)
Landscaping. Dumpsters shall be effectively screened on all
sides. Lighting shall be designed and located so as to avoid glare
on abutting properties and traveled ways.
(2)
Access and travel controls. Each lot shall have not more than
one accessway to any street or highway, which accessway shall comply
with the following requirements:
(a)
The width of any accessway leading to or from a street or highway
shall not exceed 36 feet nor be less than 15 feet in width at the
right-of-way line. Alignment of accessways shall be determined through
site plan approval.
(b)
Insofar as practicable, the use of common accessways by two
or more permitted uses shall be encouraged in order to reduce the
number of access points along roadways, and when not common, no part
of any accessway shall be nearer than 20 feet to any other accessway,
nor shall any part of any accessway be nearer than 10 feet to any
side or rear property line.
(c)
The locations of accessways shall be so arranged that they will
reduce the possibilities of traffic hazards.
(3)
Architectural controls. The design of any development in the
Limited Community Shopping Village District shall be consistent with
design criteria as shall be developed by the Salem Planning Board
for:
F.
Exceptions. The Board of Adjustment shall grant the following exceptions
in the Limited Community Shopping Village District upon finding that
the specified conditions exist:
[Added by the 1985 Town Meeting]
(1)
Relief from any of the provisions of this section for a specific,
temporary period of time (not longer than one year) if the Board of
Adjustment shall find that:
G.
Variances.
[Amended by the 1985 Town Meeting]
(2)
In granting or denying variances in the Limited Community Shopping
Village District, the Board of Adjustment shall consider:
(a)
That traffic safety and convenient property access/egress are
of prime importance in the design and administration of this section.
(b)
That no activity within the Limited Community Shopping Village
District shall be allowed to adversely impact abutting residentially
zoned districts whether by reason of fire, sanitation, odor, health,
traffic, stormwater runoff or visual hazard/nuisance or any other
reasonably preventable condition.
[Added by the 1998 Town Meeting]
A.
Intent. It is the intent of this section to provide a district which
primarily provides municipal services, community services, and services
to senior citizens that shall serve as the Town's primary civic center.
The goal is to preserve and enhance the character of Salem's civic
center by achieving the following objectives in accordance with the
Town Master Plan update adopted in 1992:
(1)
To allow for government, institutional, and public uses in a
designated district.
(2)
To provide safeguards for the preservation, enhancement, and
construction of appropriate buildings and landscape within the municipal
district which represent or reflect elements of the Town's civic,
aesthetic, cultural, social, economic, political, and architectural
heritage.
(3)
To enhance and preserve open space, featuring natural vegetation
and a forest-like setting in the district, including the approaching
access from Veterans Memorial Parkway.
(4)
To provide an attractive environment suitable for higher education.
(5)
To enhance and preserve critical community recreational and
cultural resources located in the district.
(6)
To provide a safe and attractive environment for senior citizens
to live and congregate.
B.
Applicability. The following regulations shall govern the erection and alteration of buildings and structures and the use of land in the Town Center District; except, however, that these regulations shall not apply to an existing building or structure, nor to the use of any building, structure, or land, if such building or structure was a lawful use under the governing provisions of prior zoning ordinances, nor to an alteration thereto for a use or for any purpose or in any manner which is not substantially different from that to which it was put before alteration. Single-family residential development is permitted under the provisions of § 490-301A. However, in the event of discontinuance of a nonconforming use for whatever reason for 12 consecutive months, then the following regulations shall govern the erection and alteration of buildings and structures and the use of land in the Town Center District.[1]
C.
Permitted uses. The following uses shall be permitted in the Town
Center District:
(1)
Municipal activities, including but not limited to government,
police, fire department, library, court facilities, public recreation,
and other public activities.
(2)
Public facilities, including parking facilities.
(3)
Temporary activities as authorized by municipal agencies having
jurisdiction.
(4)
Public parks and playgrounds.
(5)
Secondary school and associated customary uses.
(6)
Postsecondary school and associated customary uses.
(7)
Adult care agency, nursing home, convalescent home, continuing
care retirement center, or assisted living facilities.
(8)
Child care agency, day nursery, or nursery school.
(9)
Private, nonprofit community service centers available to the
general public.
(10)
Private, nonprofit social service centers, both residential
and nonresidential, available to the general public.
(11)
Hospitals and health care services.
(12)
Business and professional offices.
(13)
Religious institutions.
(14)
Single-family dwellings.
(15)
Use accessory to the primary permitted use.
D.
Development standards. The visual character of the district is currently
defined by government and community services buildings surrounded
by generous open spaces and natural wildlife habitat. New buildings
and additions to existing buildings should have generous setbacks
as seen from the major streets and provide natural, open space buffers
between uses in order to maintain the character of the district.
(2)
Design and architectural standards.
(a)
Massing and style. Building massing and style must draw on the
historical design elements that are contextually consistent with regional
New England architecture. Historical and traditional design elements
are encouraged. Neoclassical design vocabularies are preferred within
the district. Fences and landscaping to screen service areas must
be provided, consistent with the intent and use of the space.
(b)
Roofs. Preference shall be given to pitched roofs, consistent
with New England traditional or vernacular styles. Material must be
consistent with the architecture of the building. Composition shingle
material is acceptable, provided that it is of high quality and provides
architectural definition to the tab shingle to emulate traditional
wood shingle styles. Tile, slate, or metal roofing is permitted, provided
that it is consistent with the architectural style of the building.
(c)
Facade element. Design of the facade shall be highly detailed
and articulated to be compatible with the scale and sensitivity to
the institutional uses within the district. Facades should have a
well-defined foundation, a modulated wall element, and pitched roof
or articulated cornice which defines the character of the building.
(d)
Entrances. Building entrances must comply with all current accessibility
regulations; however, the use of ramps and lifts is discouraged. Buildings
should be designed with entrances that are barrier free for the intended
uses. Where grade separation of an entrance is required because of
site topography, accommodation should be provided in the architectural
detail of the entry to allow barrier-free use by building occupants
and visitors.
(e)
Door and window openings. Doors and windows should be entirely
consistent with the architecture of the buildings in design and placement.
The use of cornices, architectural moldings, side lights, transom
lights, and raised panels in doors is encouraged. A wide range of
material for doors and windows is acceptable, except that the use
of commercial, anodized or painted aluminum or steel storefront assemblies
is discouraged.
(f)
Materials and design elements. Material chosen for exterior
elements should be consistent with the intent and use of materials
traditionally found in commercial and residential design in New England.
Siding materials such as clapboard and shingle are preferred, and
the use of new materials which reduce maintenance but emulate the
look and feel of traditional materials is encouraged. The use of a
variety of trim material to provide detail at the eaves, corners,
gables, pediments, lintels, sills, quoins, and balustrades is encouraged.
The use of bays, towers, cupolas, cross gables, and dormers to provide
unique character to a building and provide articulation of the facade
is encouraged.
(g)
Paving and curbing. Granite curbing, gray in color, is required
on all public roads. Rolled asphalt (Cape Cod berm) curbing is unacceptable
on all public roads but is permissible on private roads, driveways,
and parking lots. Curbing is to be sloped or cut to provide a barrier-free
transition at road crossings and building entrances. Paving should
be textured or of different materials at pedestrian crossings and
walkways. The use of stone, brick or cultured stone pavers for entrance
walkways is encouraged. The use of textured materials for walkway
borders is encouraged.
(3)
Parking. In addition to the requirements as set forth in § 490-701, public parking for more than 10 cars must be allocated to the side and rear of all buildings in such a way as to be buffered from public view from the access street. The intent of this section is to maintain a high standard of land planning and landscape architecture within the district consistent with Salem's rural heritage. The criteria established in the Site Plan Review Regulations are to be applied in this district. In addition, the following special landscaping requirements apply:
(a)
A twenty-five-foot landscaped buffer area shall be maintained
along the parking area perimeter fronting the access street consisting
of ground cover, shrubs, and shade or ornamental trees.
(b)
Parking lots of five or more spaces shall be screened from the
access street and adjoining lots by stone walls typical of the rural
area farms and homes, continuous screening hedges, or earth berms
a minimum of 42 inches high.
(c)
At the time of planting, deciduous trees must be of a two-inch
caliper or greater, and evergreen trees must be a minimum of six feet
in height.
(d)
There must be one shade or ornamental tree provided in the landscaped
buffer for every 1,000 square feet of parking area.
(e)
Contiguous parking areas with 11 or more parking stalls shall
provide canopy shade trees of three-inch caliper or greater for every
six parking stalls or fraction thereof selected from the species as
set forth in the Site Plan Review Regulations. Alternately, one shade
tree of four-inch caliper or greater may be planted for every 12 parking
stalls or fraction thereof. Each tree shall be located in a planting
area and/or tree well no less than nine square feet in area.
(f)
If wheel stops or curbing is provided, continuous planting areas
with low ground cover and tree wells with trees centered at the corner
of parking stalls may be located within the three-foot overhang space
of parking stalls.
(g)
Hedges and other landscape elements, including planter boxes
over six inches in height, are not permitted within the overhang space
of the parking stalls.
(h)
Trees shall be sited so as to be evenly distributed throughout
the interior of any parking lot.
(4)
Trash storage and service areas. All outdoor trash and service
areas, except those for single-family dwelling use, shall be screened
from public view and view from abutting lots on a minimum of three
sides by a wall or hedge at least six feet in height. The wall must
be painted, surfaced, or otherwise treated to blend with the development
it serves.
(5)
Transformer entrances. All utility substations, other than individual
transformers, shall be enclosed by a solid wall or fence a minimum
of five feet in height, except for necessary openings for access.
Transformer vaults for underground utilities and similar uses shall
be enclosed by a landscape hedge.
(6)
Irrigation. All plant material and landscaping shall be provided
with a permanent irrigation system.
(7)
Waivers. The Planning Board may grant waivers to this Subsection D (development standards), if the considered use is consistent with and compatible with the character of the district.
(8)
The use of existing lots in the Town Center District for one-family
and two-family dwellings shall be exempt from the provisions of this
section but shall comply with the provisions of the Residential District.
[Added by the 1999 Town Meeting]
E.
Restrictions.
(1)
Residential facilities designed for exclusive occupancy by senior
citizens, at a minimum, must meet federal regulations for such facilities.
F.
Administration. The Planning Board shall administer this section.
