Town of Salem, NH Overlay Districts

It is the intent of this section to recognize the need for granting provisions in certain districts of the Town of Salem whereby appropriate housing alternatives may be provided for active adults age 55 and over, elderly persons living independently, frail elderly persons, and elderly persons requiring skilled or specialty nursing facilities, and provide appropriate supportive health care and services for older persons.

This section is intended to operate as a Seniors Housing Overlay District and will prevail in lieu of the underlying zoning, in appropriate circumstances, as determined by the Town of Salem Planning Board, to provide housing opportunities for elderly persons and provide opportunity for transitional uses between commercial districts, business districts, the Town Center District, and abutting residential districts.

Definitions. See § 490-107. Cross-Reference: RSA 151 and RSA 151-C contain specific definitions of residential care and health facilities requiring licensing. Applicants for development of projects in the Seniors Housing Overlay District must comply with all state and federal regulations applicable to these facilities.

[Added by the 1999 Town Meeting]

District locations. The primary intent of applying an overlay to established districts is to provide a compatible location for senior housing projects. Senior facility developers and operators may apply for any of the defined senior uses in § 490-107; however, the Planning Board shall have the sole authority for approval of a proposed project for a particular site based on the standards and criteria noted in this section.

[Amended by the 2002 Town Meeting]

A senior housing overlay district may be established on any parcel, or combination of parcels, that has the following characteristics:

A total land area appropriate to the use as set forth in Subsection F below, unless otherwise waived by the Planning Board, consistent with the interests of the community.

Served by municipal sewer and water or by private systems approved for community use by the Planning Board and the State of New Hampshire.

Having frontage on an existing or proposed Class V Town road of at least 200 feet, or access to a Class V Town road through an adjoining commercially zoned or business-office property with conforming frontage on a Class V Town road.

Commercial-Industrial A or C Subdistrict, or abutting or adjoining commercially zoned land, or Business-Office Districts.

[Amended by the 2004 Town Meeting]

Town Center District.

Notwithstanding the foregoing, the Planning Board may approve placement of an overlay in any rurally or residentially zoned area after employing the development standards in Subsection F.

Permitted uses. The following uses shall be permitted in the Seniors Housing Overlay District:

[Amended by the 2002 Town Meeting]

A variety of housing types exclusively addressing the needs of senior citizens, including but not limited to active adult homes and facilities; independent living facilities; continuing care retirement communities; assisted living facilities; congregate care facilities; nursing homes; and skilled nursing facilities.

Only single-family detached dwellings shall be allowed in the Residential and Rural Districts.

[Added by the 2004 Town Meeting]

Evaluation criteria. In considering plans submitted under this section, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and shall make any appropriate conditions and safeguards in harmony with the general purpose and intent of this section, and particularly in regard to achieving:

[Added by the 2002 Town Meeting]

Maximum safety of traffic access and egress, minimum on the capacity of existing roads and sufficient parking areas to provide for adequate off-street parking.

A site layout which would have no adverse effect upon any properties in adjoining residential districts by impairing the established character or the potential use of properties in such districts.

The reasonable screening of all parking lots, service areas, and multifamily housing developments from the view of adjacent residential properties and streets.

Conformance of the proposed plan with the Salem Master Plan.

Installation of public improvements and amenities, at the expense of the applicant, to assist in the establishment of a sound urban environment. Such improvements may include, but shall not be limited to, granite curbing, sidewalks and street trees, extension of utilities and, when deemed necessary, improvements to existing roadways and/or drainage systems in order to adequately serve the proposed project.

Conformance of the building and all related signs and structures to the properties of the aesthetic character of the area, as determined by consideration of architecture, building size and type, scale of lot coverage, and consistency of uses in the immediate area.

Development standards.

General standards.

Zoning dimensions (minimum acreage, frontage, setbacks, height restriction): see § 490-202.

Seniors facilities must be served by municipal water and sewer or by private systems approved for community use by the Planning Board and the State of New Hampshire.

Facilities designed as dwelling units within the district may have a maximum of two bedrooms.

Open space shall consist of no less than 50% of the lot area.

Design and architectural character.

Massing and style. Building massing and style must be distinctively residential in character, drawing on the historical design elements that are contextually consistent with regional New England architecture. Historical and traditional design elements are encouraged. Front yards which use boxwood hedges, evergreen hedges, traditional style picket fences, stone walls, or iron picket fences with granite curb and pilasters are encouraged. Fences or hedges should not exceed three feet in height at the fronts of buildings. Fences and landscaping to screen service areas may exceed this height, consistent with the intent and use of the space.

Roofs. Preference shall be given to roof pitches consistent with single-family residential design. New England traditional or vernacular styles are preferred. 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. Gutters and downspouts are encouraged to provide drainage away from foundations but must be consistent with the other architectural elements of the building. The installation of chimneys on the roofs of all buildings is encouraged to convey the look and feel of residential use.

Facade element. Design of the facade shall be highly detailed and articulated to be compatible with the scale and sensitivity to the residential uses of the project. Facades should have a well-defined foundation, a modulated wall element, and pitched roof or articulated cornice which defines the character of the building and provides relation to the human scale of typical family residences.

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 residential or commercial uses. The use of sloping entry walks, covered entryways, porticos, arcades, and covered porches is encouraged. 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 residents and visitors.

Door and window openings. Doors and windows form the transition from public to private space and should reflect residential detailing in design and placement. The use of cornices, architectural moldings, side lights, transom lights, and raised panels in doors is encouraged. Window openings should vary between buildings but should not be unbroken and continuous in any circumstance. The use of opening sash windows with true divided lights or detailing to convey the character of divided lights is encouraged. The use of shutters consistent with the architecture of a building 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.

Materials and design elements. Material chosen for exterior elements should be consistent with the intent and use of materials traditionally found in 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. The color palette chosen for any building should be consistent with traditional residential colors.

Paving and curbing. Granite curbing, gray in color, is required on all public roads and is preferred, except in areas of very low traffic volume where no curbing will be required. Rolled asphalt (Cape Cod berm) curbing is unacceptable in all public ways. Curbing is to be sloped or cut to provide a barrier-free transition at road crossings and building entrances. Paving which provides a nonskid surface and is contrasting in design, materials, or color is encouraged at all pedestrian crosswalks and walkways.

Parking. Parking lots in front setbacks are prohibited. Parking areas are to be to the side or rear of all buildings. Parking lot layout shall be planned to permit landscaping, buffering, or screening to prevent direct views of parked vehicles from adjacent streets. The use of traditional picket fencing, hedges, walls, or landscape berms to define parking areas is encouraged. Parking lot interiors shall be landscaped to provide shade and relief. In parking areas of 11 or more parking stalls, at least one tree of three-inch or greater caliper shall be planted for every six parking places. Adequate tree wells and irrigation shall be provided for all parking lot landscaping. Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged. Textured paving or grade-separated (elevated) walkways are desired on all pedestrian accessways. Separate loading areas are required for service vehicles in all residential projects of 20 or more units and at all other facilities greater than 2,500 square feet. In multifamily buildings of 20 or more units, at least one loading area must be provided for 20 to 50 units and one additional loading area for each additional increment of 25 units. In other facilities, loading areas must be provided at the ratio of one space for each 10,000 square feet of building area on a site, except that all activities of 2,500 square feet or more shall have at least one loading area provided. Loading areas must be at least 20 feet by nine feet and have a minimum overhead clearance of 10 feet. Screening and landscaping shall be provided to block all views of loading areas (except those specifically designated for emergency vehicles) from the public right-of-way and adjacent properties.

Parking ratios shall be as follows:

	Use	Ratio per Dwelling Unit
	Adult community	2.2:1
	Independent living facilities	1.5:1
	CCRC	2:1
	ALF	1:1 plus 1:each employee
	Congregate care facility	0.5:1 plus 1:each employee
	Nursing home	0.25:1 plus 1:each employee
	SNF	0.25:1 plus 1:each employee
	Alzheimer's facility	0.25:1 plus 1:each employee

Signs. Permitted signs are to be as specified in § 490-702D(1) for Residential, Rural, Recreational or Garden Apartment Districts.

Lighting. Multi-halide lighting or color-corrected sodium lighting is encouraged. Streetlighting, except as required for vehicle entrances and public rights-of-way in the Subdivision Regulations, should be pedestal mounted or mounted on adjacent buildings at pedestrian-scale heights between 10 and 14 feet. Lights should not illuminate adjacent properties, and caps or cutoffs must be provided to prevent direct lighting of abutting or adjacent properties. The use of porch lights, gatepost lights, and bollard lighting to illuminate walkways is encouraged.

(l)

Foundation planting and general landscaping. A broad range of foundation plants and general landscape planting is encouraged. The intent is to provide an intensity of landscaping that creates a residential character for any project in this district.

Development density.

[Amended by the 2002, 2003 and 2004 Town Meetings]

Maximum allowable density shall be based on project location as follows:

[Amended by the 2017 and 2018 Town Meetings]

Commercial-Industrial Districts: five units per acre.

Town Center District: four units per acre.

Residential Districts: same as underlying district.

Business-Office Districts: two units per acre.

Rural Districts: same as underlying district.

A density bonus of up to 10% of the total units allowed above may be granted by the Planning Board for projects which restrict the age of all occupants to age 62 and older. An additional density bonus of up to 10% may be granted by the Planning Board for projects of any size which dedicate a greater percentage of affordable units than required in Subsection H(5), but in no case may the total density bonus exceed 20% of the total units otherwise allowed.

Density calculations shall be based on the amount of contiguous upland area of a lot.

Open space requirements. Land within the parcel or lot which is not specifically covered by the buildings, roads, driveways, parking areas, or service areas, and not set aside as private yards, patios, or gardens for residents, shall qualify as open space. Private yards shall be considered to encompass all property within 20 feet of the dwelling or building. Further, all open space shall be unobstructed and open to the sky. Flagpoles, sculptures, benches, swimming pools, tennis courts, atriums, trees, and similar objects shall not be considered obstructions. No more than 25% of the minimum required open space may lie within a wetland. At least 50% of the required open space must be undisturbed land that remains in its natural state. The size, dimension, character, and location of open space shall be suitable to enable its enjoyment and use for conservation, recreation, or agricultural purposes by residents of the community. Such restrictions regarding open space shall be in a form and substance as the Planning Board may prescribe, and shall be recorded in an instrument enforceable by the Town.

[Amended by the 2017 Town Meeting]

Single-family detached dwelling units may be situated on individual lots, may be part of a detached condominium regime, or may be separate rental units. Single-family detached projects within the district require a minimum parcel size of 10 acres. In the case of condominium units, condominium projects must be 75% owner-occupied. If separate lots are created, they shall not be less than 10,000 square feet and may have frontage on either Town roads or private roads within the overlay district, in which case the roads shall be maintained by an owners' association. In the case of single-family detached dwellings, the density of a district may not exceed one unit for each 10,000 square feet of lot area.

Multifamily residential structures may be either condominium units or rental units, except that condominium units must be 75% owner-occupied. More than one structure may be built on a lot in accordance with the density limits for the project type.

Special use permits. The implementation of Seniors Overlay Districts shall be overseen by the Town of Salem Planning Board. Under the provisions of RSA 674:21, the Planning Board may, by application for a special use permit, provide an exception from the development standards in Subsection F, provided that:

Such exception is consistent with the purpose and intent of this section.

The exception is in the public interest.

The exception will not aggravate or worsen the impact on adjoining residential areas.

The exception will provide a development opportunity that could not be otherwise obtained.

Restrictions.

Residential facilities designed for exclusive occupancy by senior citizens, as a minimum, must meet federal regulations for such facilities.

All occupants shall be age 55 or older.

[Amended by the 2004 Town Meeting]

A unit occupied by surviving members of a household, in which the head of household met the age requirements at time of death, may continue to be occupied by surviving household members regardless of age.

Residency restrictions for residential projects within the Seniors Housing Overlay District shall be accomplished by restrictions recorded in condominium declarations, restrictive covenants, or other documents recorded in the Rockingham Registry of Deeds. All such covenants shall be subject to review by Town Counsel and shall include enforcement provisions in favor of the Town.

At least 10% of the total dwelling units in all projects shall be dedicated as affordable to low-income households, defined as being available at a cost of no more than 30% of gross household income of households at or below 80% of the Lawrence, MA PMSA - NH Portion median income as reported by the U.S. Department of Housing and Urban Development. As an alternative to providing these units, the Planning Board may allow an applicant to contribute a fee to a local housing trust fund to be used for the development of affordable senior housing. The fee shall be equivalent in value to the units which otherwise would have been provided within the development, in accordance with a fee schedule adopted by the Salem Planning Board, and shall be paid on a timetable approved by the Board.

[Amended by the 2004, 2007 and 2017 Town Meetings]

Pursuant to RSA 674:21, I(b), to ensure that the rate of growth of new dwelling units does not unreasonably interfere with the Town's capacity for planned, orderly, and sensible expansion of its services to accommodate such growth, the construction of new dwelling units approved under this section shall be phased so that no more than 20 single-family detached units or 50 multifamily units shall be built in any one project per year.

[Added by the 2004 Town Meeting; amended by the 2008 Town Meeting]

§ 490-602 Depot Village Overlay District.

[Added by the 2011 Town Meeting]

Purpose. It is the purposed of this overlay district to:

Encourage development in the Depot of a mixed-use environment that is less automobile dependent and more pedestrian friendly.

Encourage a diverse mix of business, commercial, office, residential, institutional and entertainment uses for workers, visitors, and residents.

Limit and discourage development of highway-oriented strip commercial uses that create traffic hazards and congestion because they require numerous individual curb cuts and generally higher traffic volumes.

Encourage a pedestrian-friendly environment and pedestrian-oriented commercial enterprises and consumer services.

Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the district.

Allow for more compact development than may be permitted in other zoning districts to reduce the impacts of sprawl and traffic congestion.

(7)

Allow for an appropriate density of land uses to achieve a critical mass of people and activities needed to support vibrant Depot Village developments.

Applicability and administration.

The Depot Village Overlay District is hereby established and consists of those areas shown on the Town of Salem Zoning Map on file with the Town Clerk. The district boundaries are as indicated on the Zoning Map. The Depot Village Overlay District encompasses land located within the following underlying zoning districts: Commercial-Industrial A, B and C, Business-Office I, Industrial, and Residential. The provisions of this overlay district are superimposed over the underlying existing zoning districts. Applicants are encouraged, but not required, to use the provisions of this overlay district.

The Planning Board shall be the permit granting authority for the Depot Village Overlay District and is responsible for administering this section as an innovative land use pursuant to RSA 674:21.

Since this section grants broad authority to the Planning Board to modify underlying zoning restrictions to facilitate development in the Depot, the Board may reject or require modification of plans which it finds would have an unanticipated or undesirable impact on the community or are not suitable for the sites on which they are proposed. If a plan is rejected, the Planning Board shall state the reasons for the rejection and offer suggestions for modifications to the plan that would make it acceptable, after which the applicant may submit a revised plan for the Planning Board's consideration.

Conditional use permits.

[Amended by the 2014 Town Meeting]

The Planning Board may grant conditional use permits to modify the requirements and standards in Subsections D, E, F [except Subsection F(5)], G, and H of this section in limited respects, provided that the Board finds that all of the following criteria are met:

The modification complies with the purposes of the district noted in Subsection A;

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

The site is suitable for the proposed modification;

There will be no adverse impact on neighboring properties;

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; and

[7]

The modification will be consistent with the spirit and intent of this chapter 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 warranted.

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 conditional use permits.

Review procedure.

Applicants seeking approval to develop a project pursuant to this section are encouraged to meet with the Planning Board prior to submitting a formal application to the Board. The purpose of the meeting is to present the proposed project informally and to understand the development standards established pursuant to this section.

The Planning Board will review the following items when considering proposals under this section:

Architectural character.

Building facade and exterior architectural features;

Building height and setbacks;

Rooftop features and cornice lines;

Exterior materials and colors; and

Exterior illumination.

Urban design considerations.

Building placement and orientation;

Relationship to parking and adjacent uses;

Relationship of building to sidewalk, public ways and open space;

Storage and loading; and

Impact on abutters and nearby residents.

Site improvements.

Fences, walls and raised planters;

Site landscaping and parking lot screening;

Street and parking lot lighting;

Plazas, squares and public spaces;

Street furniture: benches, trash containers, news racks, kiosks etc.;

[6]

Safety issues; and

[7]

Infrastructure and environmental impacts.

Allowed and prohibited uses.

The following shall be permitted uses:

Mixed-use developments with retail on the first floor, with office and/or residential above, subject to the additional restrictions noted below.

Multifamily housing in a mixed-use development with no more than 12 units per acre.

Senior housing and assisted living with no more than 12 units per acre.

Business and professional offices, including medical offices, up to 15,000 square feet (per building).

Banks.

Retail stores no greater than 15,000 square feet (per individual store).

Food markets up to 20,000 square feet.

Convenience stores.

Restaurants and other places for the preparation, serving or sale of food and beverages.

Production and processing of food products for restaurants and food establishments in the district.

Personal service stores.

(l)

Bed-and-breakfast; hotels.

(m)

Health clubs no greater than 10,000 square feet.

(n)

Performance theater or movie theater with up to three screens.

(o)

Public and private parking garages.

The following shall be prohibited uses:

Facilities for research and for the manufacture, assembly, storage, distribution and servicing of products and materials, unless associated with a previously approved use on the site.

Gas stations and automobile repair or body shops; sales agencies for automobiles, boats, and farm, industrial and construction equipment.

Convenience stores/mini-marts associated with gas stations.

Motels.

Single-family homes.

Drive-through restaurants.

Multi-screen movie theater with over three screens.

The Planning Board may allow uses deemed similar to those listed in Subsection D(1).

Restrictions.

Location and distribution of uses. The ground floor of a commercial building or mixed-use building (any combination of retail, office, and residential) shall be occupied by commercial uses only.

Height. Mixed-use buildings shall be permitted up to four stories or 60 feet in height.

Maximum residential density shall be 12 units per acre.

There shall be no minimum frontage requirement, minimum lot size, and no front, rear, or side yard setbacks.

Maximum lot coverage shall be 90%.

Parking areas. The following guidelines are included to ensure that new and renovated off-street parking areas are constructed in accordance with the district's desired design character, the provisions of this section, and other city[1] ordinances pertaining to parking.

Parking lots for new construction are prohibited within the front yard unless no other location is feasible. Parking lots that abut public rights-of-way or grade parking under the building shall be screened with one or a combination of the following:

A low wall made of concrete, masonry or other suitable material not exceeding a height of 2.5 feet.

Raised planters planted with a minimum of 80% evergreen shrubs not to exceed a total height of five feet (including planter).

Landscaping consisting of a mix of trees and shrubs, provided that 80% of the shrub plantings are evergreen.

Walls, fencing and architectural details shall compliment the materials of adjacent architectural styles.

Where walls are provided, planting areas shall be a minimum width of four feet and should be located adjacent to the public right-of-way.

Where possible, parking areas shall be interconnected in a manner that allows the unobstructed flow of vehicles and pedestrians between uses and parking areas.

Shared or reduced parking.

The minimum required parking spaces within the Depot Village Overlay District shall be 75% of the minimum required parking spaces found in § 490-701 of this chapter, provided that the Planning Board finds that an adequate amount of parking will be provided to meet the needs of the proposed uses.

Conditional use permit. The Planning Board may grant a conditional use permit to reduce this requirement to 50% of what would be required in § 490-701 if it finds that the criteria in § 490-701D and these additional criteria are met:

Submission of a reciprocal agreement executed by the owners and operators of the different sources or uses (to be recorded in the Registry of Deeds) ensuring the long-term joint use of such shared parking, and defining the terms upon which the parking is shared;

Submission of the following information:

The hours of operation and parking demand for each use;

The hours of peak demand for parking;

A description of the character of the land use and the parking patterns of adjacent uses;

[d]

An estimate of the anticipated turnover in parking space use over a twenty-four-hour period of time;

[e]

A site plan showing all proposed parking spaces, including the shared use spaces in the lot and the walking distance to the uses sharing the lot; and

[f]

Any other information concerning parking deemed necessary by the Planning Board to render a decision; and

A determination shall be made by the Planning Board that:

The shared parking is no more than 500 feet from each use sharing the parking facility;

Hours of operation and peak demand of the uses involved shall not conflict; and

The shared parking will provide an adequate number of spaces for the applicable uses.

Editor's Note: So in original.

Curb cuts.

Developments shall be designed in a manner that minimizes the number of curb cuts on primary streets. To the extent feasible, access to businesses shall be provided through one of the following methods:

From an existing side or rear street or public alley, thus avoiding the principal thoroughfare; or

From a common driveway serving one or more adjacent properties.

The Planning Board may deny a curb cut if the proposed development is inconsistent with the following guidelines:

Curb cuts shall be limited to one unless the Board feels that due to large parcel size an additional cut is justified.

When access is available from a public alley the Board may deny a curb cut from a primary street.

Shared drives are encouraged between adjacent parcels when appropriate.

Curb cuts shall not be greater than 36 feet long.

Performance standards.

Pedestrian and bicycle access. Provision for safe and convenient pedestrian access shall be incorporated into plans for new construction of buildings and parking areas and should be designed in concert with landscaping plans noted below. Site plans in the Depot Village Overlay District should provide for continuity from sidewalks in public streets to all pedestrian entrances on the site, and walkability should be given primary importance over road speed and other access criteria. New construction should improve pedestrian access to buildings, sidewalks and parking areas and should be completed with consideration of pedestrian safety, handicapped access and visual quality. Where appropriate, applicants are encouraged to provide pedestrian and/or bicycle paths (or connection to the proposed bicycle rail trail) connecting the site with abutting areas in order to promote pedestrian and bicycle circulation and safety in the Depot Village. When parking is located in the rear, pedestrian access via a pedestrian-oriented alley or walkway through to the primary street is encouraged. Bicycle and pedestrian access that provides connections between developments should be established. Connections with the rail trail should also be provided.

Landscaping. Landscaping shall be incorporated into new and redeveloped properties in such a way as to create visual relief and interest, provide shade for pedestrian areas and to screen parking and loading areas. Landscape plans shall be prepared by a registered landscape architect unless the Board finds that the plans submitted are consistent with the intent of this regulation and meet the specific guidelines as set forth herein. Landscape plans shall show the location, type, and size of all proposed plantings as well as enough of the surrounding context such that the Board may determine the plan's appropriateness.

Side yard treatment.

Where the distance between structures on adjacent lots is 10 feet or less, the side yard shall be landscaped with grass and plantings.

Where the distance between structures on adjacent lots is greater than 10 feet, landscaping shall consist of a combination of materials sufficient to break up the view into the side yard, but, for safety reasons, in no case should this planting be impermeable; or

Side yards may, in the alternative, be established as pedestrian walkways to access parking areas to the rear of the building. Such walkways shall be landscaped and lighted for safety.

Parking areas.

Large parking areas shall be relieved by landscaped islands of a minimum of five feet in width, equal in depth to the depth of a typical parking space and located such that there is one island per 15 continuous spaces;

Alternatively, at least 5% of the interior area of the lot shall be devoted to landscaping. Areas described in the above shall have at a minimum one shade tree with a minimum caliper of three inches diameter at breast height (dbh). Trees planted in such locations shall be planted in protected pervious areas which have a minimum dimension of five feet; and

Where parking lots abut public rights-of-way, shade trees with a minimum caliper of three inches shall be provided within a planting strip no less than five feet in width and at a rate of one tree per every 10 continuous spaces.

Trash and service areas.

All service, loading and trash storage areas viewable from a public right-of-way or from an adjacent residential area shall be screened by one or a combination of masonry, wood fencing, or evergreen plantings to reduce their visual impact;

Loading and service areas shall not face any residential area unless no other location is possible. Loading areas shall be subject to screening requirements stated herein;

Garage doors and loading spaces are prohibited on the front facade of any building unless no other location is feasible; and

Hours of operation for deliveries and trash pickup shall be restricted to minimize impacts on nearby residences.

Design regulations.

Orientation. Buildings shall be oriented parallel to the front property line to preserve a consistent facade line with the street. Primary building entrances should be easily identified and be oriented to the street. The primary entry should be clearly visible from the public street which provides the building's main orientation.

Articulation.

New and redeveloped buildings should reinforce the character of the existing streetscape by creating visual interest and reinforcing pedestrian scale. The apparent bulk and large wall expanses of multistory buildings as well as single-story buildings of 15 feet in height or more should be minimized by incorporating one or preferably a combination of the following:

Windows;

Architectural details;

Canopies;

Overhangs;

Indented bays; and

Change of building materials.

The top of such buildings should display a distinct profile or outline incorporating such elements as a projecting parapet, cornice, upper level setback or pitched roofline. When immediately adjacent a building with such articulation, new and redeveloped buildings should provide a treatment that is respectful, such as providing a consistent cornice line where possible.

Large expanses of blank walls are prohibited for commercial and mixed-use buildings. The ground floor facade along the primary street shall have continuous storefront windows, with the exception of necessary piers, columns, pilasters, doors, etc.

Transparency. For commercial and mixed-use buildings, a minimum of 60% of the building facade oriented to the street must be comprised of clear windows that provide views to indoor retail space, dining space or product areas when applicable. Where parking occupies the ground floor, the same solid to void ratio must be achieved utilizing techniques such as half walls, grillwork, or landscaped trelliswork or their equal.

Doors and entrances.

Buildings must have a primary entrance facing a public street or way and should be visually prominent; and

In buildings with multiple ground floor tenants, entries should provide a coordinated design theme, i.e., a common canopy, architectural projection or awning design.

Pedestrian spaces and comfort.

For the purpose of providing a pedestrian-friendly environment in the Depot Village Overlay District, new and redeveloped buildings should provide for outdoor seating areas, scaled to the size and demands of the proposed use, where feasible. For example, a large, multistory project should provide a patio or small plaza area located near the front entry with multiple benches and landscaping. A mixed-use project with ground floor retail such as a restaurant may provide an area for outdoor dining which extends the indoor dining space for seasonal use. A ground floor use may provide a sidewalk bench where there is sufficient width.

Such pedestrian areas are best located when they take advantage of southern exposure and provide space that affords visual connectivity but is set back from major pedestrian flow and vehicular ways and is appropriate to the location.

Outdoor sales and display areas should be well organized and located such as not to impede pedestrian circulation if located on a public walk or way.

The following guidelines should be considered in the design and location of pedestrian spaces:

Flexible design to allow for flexible use;

Buffering from major vehicular areas such as parking lots or main trafficways;

Lighting for nighttime comfort and safety;

[d]

Appropriate street furnishing (i.e., benches, trash receptacles);

[e]

A focal element where appropriate such as a water feature, special landscape feature or public art installation;

[f]

Decorative paving and seasonal planting;

[g]

South facing locations;

[h]

Visual connectivity, especially to important views such as an historic structure; and

[i]

Appropriately scaled to the development.

Utilities. Underground utilities for new and redeveloped buildings are required unless physically restricted or blocked by existing underground obstructions.

Lighting.

Site lighting, security lighting and architectural/landscape lighting should provide the user with illumination levels appropriate for the designed activity (i.e. parking, walking, outdoor dining) while meeting minimum requirements. Illumination levels should also be reasonably uniform throughout the site and strive to minimize glare.

Light fixtures should be designed to reflect the traditional character of New England villages or downtowns.

Adequate lighting levels should be provided in all pedestrian areas, including building entries, along walkways, parking areas, and other public areas. Lighting plans should provide for:

An overlapping pattern of light at a height of about 10 to 15 feet in lighted areas;

Lighting at consistent lumens with a gradual transition to unlighted areas. Highly contrasting pools of light and dark can be temporarily blinding and should be avoided;

In each lighted area, design lighting levels that will allow pedestrians to identify a face 15 yards away (generally, a minimum of four footcandles). Adequate lighting reduces anonymity and gives pedestrians an opportunity to choose another route;

[d]

Adequate lighting at all building entrances, exits and corridors between buildings, at least four footcandles during active use, especially where doors are recessed;

[e]

Confine site lighting to the project site; use shields or other methods to eliminate glare on adjacent properties;

[f]

Place light posts and standards so that they do not create hazards for pedestrians or vehicles;

[g]

Indicate specific lighting levels in each lighted area; and

[h]

Address potential impacts of lighting on residential abutters and neighbors.

Quality of site furnishings. Provide for the following site plan elements:

High-quality materials in site furnishings and features, such as durable and easily maintained walls and paving;

Site features and furnishings that discourage vandalism. Furnishings that are easily removed or do not convey an image of care invite misuse; and

Safe materials, such as nonslip walkway surfaces.

Signs.

Signs should be designed to be compatible with the intended nature of Depot Village (e.g., pedestrian-scaled).

Sign materials in the Depot Village Overlay District should include traditional-looking materials such as wood, brass, bronze, or similar materials. Wooden signs should be constructed of dense wood that will accept paint readily.

The number and size of signs shall meet requirements set forth in § 490-702.

All freestanding signs shall be monument signs no more than six feet in height.

All wall signs shall be individual letters.

[6]

All sign illumination shall be external. Neon, fluorescent, and LED lighting is not allowed. Sign lighting shall comply with § 490-702D(2)(i).

Snow storage/removal. Adequate areas for snow storage should be provided. Removal and off-site storage may be required if adequate on-site areas are not available.

Accessibility. State and federal regulations on accessibility shall be met.

Traffic management.

The traffic management regulations in the Site Plan Review Regulations shall apply.

Applicants shall be required to implement the road connections and improvements outlined in the Depot Redevelopment Plan, as adopted by the Planning Board.

§ 490-603 Business Innovation Overlay District.

[Added by the 2016 Town Meeting]

Purpose. The purpose of the Business Innovation Overlay District is to encourage and support key growth industries (including but not limited to high technology, health care, medical device, biotechnology, and education) by supporting a diverse mix of business, commercial, office, residential, institutional, and entertainment uses for workers, visitors, and residents in an integrated campus-like setting; to ensure that future development is complementary and compatible in purpose and use; to encourage the redevelopment of existing properties to bring increased investment to the Town of Salem to create a sustainable economic base; to encourage the retention, growth, and creation of innovative businesses and sustainable jobs; to enable residents to live/work/play within this district; and to leverage the New Hampshire Advantage, and Salem's existing businesses, to build an environment in which innovative businesses, entrepreneurs, and workers can thrive.

Applicability.

The provisions of this section may be applied to any lot in the portion of the Commercial-Industrial District B west of Interstate 93 and between Interstate 93 and North and South Policy Street and in the Industrial District which consists of 10 acres or more.

In accordance with RSA 674:21, I(i), the intent of these provisions is to promote flexibility in development and redevelopment of parcels in the Commercial-Industrial District B and Industrial District in the vicinity of Interstate 93. The process allows flexibility for projects which meet the criteria in Article IV 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.

Conditional use permits. The Planning Board may grant conditional use permits to vary the provisions of §§ 490-501 and 490-502 (permitted uses and restrictions), and § 490-701 (Off-street parking and loading), consistent with the objectives and criteria 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 that such permit is not justified or warranted in accordance with the below objectives and criteria and the purpose of this section. This section 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 described herein. All other zoning regulations shall apply.

Conceptual development plan.

As part of the site plan approval process for development using the Business Innovation Overlay District, the applicant/owner shall be required to prepare a conceptual development plan for the entire parcel even if construction is to be phased. 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.

The conceptual development plan and subsequent approved site plan shall meet the following objectives and criteria:

Encourage the aggregation of smaller existing properties as well as the redevelopment of older commercial and industrial properties;

Encourage a campus-like development pattern (with interconnected buildings, parking, pedestrian access, and open space) which provides an alternative to conventional commercial-industrial development;

Encourage new roadway configurations, connections and access methods that enable improved access and facilitate vehicle movement without degrading intersection function and/or creating bottlenecks;

Encourage complementary and integrated uses such as retail, residential and commercial that are co-located within a single building;

Allow complementary retail uses (e.g. banking, coffee shop, dry cleaner, etc.) as part of a mixed-use development to serve office/industrial employees that are fully integrated into the primary building structure;

Allow limited multifamily residential uses (condominiums, apartments, etc.) that do not exceed 20% of the total gross floor area on a site as part of a mixed-use development that are physically integrated with and complementary to the primary building structure(s);

Avoid freestanding and/or standalone retail and residential uses;

Mitigate negative impacts on traffic, public utilities, municipal services, and natural resources;

Provide high-quality site planning, architectural, landscaping, lighting, and signage designs that meet the Town of Salem Design Guidelines;

Create pedestrian and vehicular links to abutting parcels and add sidewalks that enable interconnected and safe pedestrian access to avoid the need to use vehicles to access other buildings and/or properties;

Establish open space amenities, including usable common land, outdoor plazas, greens, or parks.

(l)

Buffer residential areas from commercial-industrial encroachment. No building, parking lot or other improvements shall be located within 100 feet of residentially or rurally zoned land if such residentially or rurally zoned land is not separated by a public way;

(m)

Prohibit commercial-industrial access onto Brookdale Road and Brady Avenue;

(n)

Limit building height to 75 feet (NOTE: Building height shall be calculated in accordance with the New Hampshire State Building Code, as amended.);

(o)

At least 20% of the total parking on a site must be located in parking decks, below-grade parking garages, or at grade parking incorporated into a building;

(p)

Be consistent with the Salem Master Plan.

The Planning Board shall have sole authority for approval of a conceptual development plan based on the criteria noted above. The Planning Board shall have the authority and ability to deny a conceptual development plan if it deems the plan to be unsuitable, undesirable or inconsistent with the vision and purpose of this section. The Board may approve amendments or revisions to a previously approved conceptual development plan. 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 Innovation District projects. The construction standards in the Subdivision Regulations, the Town of Salem Design Guidelines, and the Traffic Management Regulations shall apply.

Waivers. The Planning Board may grant waivers to modify the requirements and standards in Subsection D of this section in limited respects, provided the Board finds that all of the following criteria are met:

The modification complies with the purposes of the Business Innovation Overlay District;

The applicant's particular situation justifies a modification to the requirements and benefits the overall Business Innovation Overlay District and the Town of Salem;

The site is suitable for the proposed modification;

There will be no adverse impact on neighboring properties;

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