City of Rochester, NH Standards for Specific Permitted Uses

Minimum square footage. The gaming floor of the facility, defined as the area within a gaming location authorized by the State of New Hampshire, shall have a minimum area of 20,000 square feet. The gaming floor does not include areas used for accounting, maintenance, surveillance, security, administrative offices, storage, cash or cash counting, and records.

Public art. Public art works to connect community with our built environment and support a sense of place and identity. With expansive parking and large-scale buildings required for charitable gaming facilities, public artwork offers an opportunity to integrate the use with the community and maintain a high aesthetic value.

As part of the proposal, the applicant may consider integrating public art which serves to enhance community identity, this is not required but strongly encouraged. The Planning Board will review the amount of artwork in relation to the building facade and placement based on visibility from the public right-of-way. The applicant should consider utilizing public art as a design element of the proposal and engage local community and artists in the planning process, the Arts and Culture Commission may be a resource. Additional art may also be included into the site layout including but not limited to sculptures and other visible art within the parking lot, landscape islands and along walkways. Public art must meet the intent of the definition of a mural and not be considered a sign.

Within five years of Planning Board approval, the property owner may petition the City Council to accept an easement for the public art to help provide adequate long-term maintenance. The easement will only be accepted if the public art proposal contributes to the public good and represents the values of the community, as determined by City Council.

Architectural standards. The following criteria is required in addition to standards set by Site Plan Regulations, Section 2 - Architecture.

In order to achieve a building with human scale, broad expanses of blank walls are prohibited. The building shall employ massing, materials, textures and color. Consider using architectural features such as pilasters, arches, windows (transparent or opaque) as well as masses of different heights.

A minimum of three colors/materials/textures shall be incorporated in the exterior design.

Parking and traffic.

Parking lot design shall incorporate bus parking and bus loading zones.

Commercial loading areas shall be screened from the public right-of-way and abutting residential properties.

A traffic impact analysis is required and must include the expectation of bus traffic.

Bus and truck trailer parking is required to be screened from the public right-of-way and abutting residential properties for all uses of the property.

Required off-street parking shall be provided at a ratio of not less than 0.75 parking spaces for each gaming position in addition to all standards set by Site Plan Regulations, Section 10 - Parking and Circulation. Additional principle uses including restaurants, entertainment, and lodging facilities shall follow parking standards outlined in Site Plan Regulations.

Two percent of required parking spaces must be equipped with electric vehicle charging stations with a minimum of four per site.

Additional principle uses to a site, including restaurants, entertainment, and lodging, shall follow requirements pursuant to Zoning Ordinance Regulations § 275-19.2L, Multiple principle uses.

Off-site improvements. The developer is responsible for off-site improvements as specified by the Planning Board as per RSA 674-21.5:J.

(7)

Outdoor entertainment.

Outdoor events which exceed noise standards set by Zoning Ordinance Regulations § 275-28.3 will require a special events permit.

The property owner has the burden of proof to show decibel ratings meet standards set by Zoning Ordinance Regulations § 275-28.3, Noise.

The Zoning Board of Adjustment (ZBA) may grant a special exception for music and entertainment which exceed decibel limits subject to meeting appropriate conditions as per Zoning Ordinance Regulations § 275-28.3E(4).

(8)

Outdoor smoking and alcoholic beverage service areas shall be a minimum distance of 1,000 feet from schools, K-12 or day-care establishments as defined in Zoning Ordinance Regulations § 275-2.2.

(9)

Safety and security.

The facility is required to submit a safety and security plan subject to approval by the Rochester Fire and Police Departments. The plan shall outline all aspects of life safety to include emergency egress, access, site security, and occupancy limitations.

The facility shall provide an enclosed interior location, solely controlled by the Rochester Fire and Police Departments, which can sufficiently accommodate the requirements of first responders.

One automated external defibrillator (AED) shall be mounted in an accessible public location for every 5,000 square feet of gaming floor.

(10)

Landscaping. In addition to Site Plan Regulations, Section 5 — Landscaping; a charitable gaming facility shall include:

A landscaping plan developed by a licensed landscape architect, to include a maintenance plan.

Landscaping used as a design element of the site.

A fifteen-foot landscape buffer between any structure and parking area, with the exception of vehicle and pedestrian access ways.

Parking areas shall meet Site Plan Regulations as per Section 5 - Landscaping (E) Parking Lots.

Editor's Note: With the addition of this Subsection A, the remaining subsections in this section were redesignated from Subsections A through W to Subsections B through X, respectively.

Contractor's storage yard. Minimum setbacks from all property lines shall be 25 feet or as specified in the dimensional regulations table, whichever is greater. No structures or stockpiled materials related to the storage yard operation shall be situated within these setbacks. Heavy vehicles or equipment in working order may be parked within the setbacks provided that none is parked within 15 feet of a property line. A contractor's storage yard shall not be established in a floodplain.

Day care-2 (day care - family). This use is not considered a home occupation. However, the review process for this use, where it is permitted by right, shall be the same as for home occupations where no special exception is involved. See § 275-24.5.

Earth excavation.

Regulations. No person shall perform earth excavation except in compliance with the provisions of RSA 155-E, as amended, this chapter, and the Site Plan Regulations applicable to earth excavation.

Existing operation. Any existing excavation activity operating under a permit issued prior to the date of adoption of this chapter may continue until the expiration of the permit, except that any expansion or change in operation not covered by that permit shall be in compliance with the provisions of this section.

Buffers. Buffers/setbacks are established as set forth in RSA 155-E and in Article 12, Conservation Overlay District. No excavation, processing, or removal of vegetation may occur within the buffers/setbacks specified. Where the buffer/setback has been removed or is not adequate, the Planning Board may stipulate reestablishment of the buffer/setback, as appropriate.

Water table. For excavation of sand, gravel, or other subsurface materials (also see RSA 155-E), the seasonal high water table must be determined prior to Planning Board approval and it must be demonstrated that no ground disturbance or excavation will occur within four feet of that seasonal high water table except as provided below.

Applicants shall submit the following as part of any review:

Information about any types of fill material that may be deposited on the site.

Recognizing that sand and gravel pits sometimes become unlawful dumps (due to no fault of the property owner or operator) posing potential harm to the underlying groundwater, the applicant shall submit a plan to discourage use of the site as a dump during and after excavation.

The excavation of gravel materials below four feet above the stated seasonal high water table may be allowed by special exception if the applicant can clearly demonstrate that such excavation will not adversely affect groundwater quality (in addition to other general conditions listed in Article 22, Special Exceptions). The Zoning Board of Adjustment and the Planning Board shall be required to review the reports provided and may require additional information, experts or studies to assist it in its review and approval of its issuance of any special exception and permit allowing such excavation.

See Article 10, Aquifer Protection Overlay District, for other provisions within that district.

Abandoned sites. In the event the Director of Building, Zoning, and Licensing Services determines that any abandoned excavation presents a hazard to the public health, safety or welfare, the owner may be required, following a public hearing before the Planning Board, to comply with any timetable and bonding requirements to be established by the Planning Board to complete reclamation. Should reclamation not be completed, the Board may request the City to authorize reclamation at the City's expense. The City's costs shall then constitute an assessment against the owner and shall create a lien against the property on which the excavation is located. Such assessment and lien may be enforced and collected in the same manner as provided for real estate taxes.

Electric vehicle charging station.

[Added 8-2-2022[2]]

An electric vehicle charging station installed as an accessory to a new or existing single-family home or a unit within a duplex property, and used for personal use and not as a means of income, is a permitted use in all zones and requires no site plan approval. Only Level 1 and Level 2 electric vehicle supply equipment shall be permitted on residential properties.

An electric vehicle charging station installed as accessory to a new or existing multifamily home or a commercial property is permitted per the use tables located at the end of the zoning chapter. Site plan review is required. All Level 1 and Level 2 and Level 3 electric vehicle supply equipment may be permitted on multifamily residential and commercial properties.

Electric vehicle supply equipment, as defined in the National Electrical Code, shall obtain any required building permits, electrical permits or other applicable permits prior to their location, construction, installation, or operation.

Editor's Note: With the addition of this Subsection D, the remaining subsections in this section were redesignated from Subsections D through V to Subsections E through W, respectively.

Farm; farm, crop.

Lot size. The minimum lot size is five gross acres for a farm and five gross acres for a crop farm.

Housing. The Planning Board is empowered to consider and approve special on-site housing arrangements to accommodate farm workers, such as cluster housing or temporary/seasonal housing, under site plan review.

Retail sales. Any farm goods produced on site along with limited related products, such as baked goods, non-alcoholic cider, etc., may be sold on site.

Livestock. Housing for any livestock for a farm shall be set back at least 100 feet from any side or rear lot lines. Housing for fowl, fur-bearing animals, and swine shall be set back at least 150 feet from any side or rear lot lines. The ZBA may reduce or waive this requirement by special exception. There is no setback for open pens and fencing provided animals are not left in such pens overnight.

Manure. Any significant storage areas for manure shall be set back at least 200 feet from any lot lines. Best management practices shall be followed in the handling of manure.

Performance standards. The general provisions of Article 28 of this chapter and RSA 432:33 shall apply.

Gas station.

The minimum lot area shall be 30,000 square feet.

Lot frontage shall be at least 150 feet.

Pumps, lubricating and other outdoor service devices shall be located at least 30 feet from any lot lines.

All automobile parts and dismantled vehicles are to be stored within a building, and no repair work is to be performed outside a building.

The minimum setback for all portions of canopies shall be 20 feet from all lot lines or the required district setbacks, whichever is greater.

Limited light maintenance activity is an accessory use and includes engine tune-ups, lubrication, brake repairs, tire changing, battery charging, car washing, detailing, polishing, and carburetor cleaning. Such activities as engine overhaul, vehicle painting, welding, and body or fender work would not be an accessory use.

Junkyard. All materials shall be fully screened from the road and from all abutting property by a solid wall or fence at least eight feet in height. The Planning Board may stipulate a taller wall or fence, as appropriate.

Lodging facility. For a lodging facility, the minimum lot size shall be 30,000 square feet plus 1,000 square feet per unit. Minimum lot size for a bed-and-breakfast shall be the minimum lot size for a single-family home according to the applicable zone district. The minimum lot size for a hotel in the Downtown Commercial (DC) Zone District shall be 7,500 square feet.

[Amended 5-7-2019]

Mini-warehouse. The front setback for all storage structures shall be 100 feet. Side and rear setbacks from any residential property shall be 75 feet.

Manufactured housing subdivision, not part of an existing mobile home park. See Chapter 135 of the City Code for existing mobile home parks.

Overall development.

[Amended 9-6-2016]

All requirements otherwise applicable to subdivision of lots for conventional houses within a conservation subdivision shall apply.

Additions to manufactured housing units (or "homes"). There shall be no additions constructed onto manufactured homes with the exception of garages, skirting, carports, cabanas, awnings, canopies, porches, decks, and steps. All must be approved by the Director of Building, Zoning, and Licensing Services.

Manufactured housing unit, not part of an existing mobile home park. See Chapter 135 of the City Code for existing mobile home parks.

[Amended 9-6-2016]

Manufactured homes are allowed only:

On individual lots in the AG District;

Within manufactured housing subdivisions located in the AG District; and

Within established mobile home parks on approved pads/lots.

Additions to manufactured homes. There shall be no additions constructed onto manufactured homes with the exception of garages, skirting, carports, cabanas, awnings, canopies, porches, decks, and steps. All must be approved by the Director of Building, Zoning, and Licensing Services.

Multifamily dwellings/development. The following requirements shall apply to multifamily dwellings/developments of three or more dwelling units:

[Amended 5-7-2019]

Buffers from roads. Except for parcels within the Downtown Commercial (DC) Zone District, a fifty-foot buffer shall be established from all neighboring roads, including roads from which access is taken. The Planning Board shall determine treatment of the buffer area, whether it is to be left undisturbed, to have supplemental plantings installed, to be designated part of the overall open space plan for the development, and/or to be part of an individual lot but protected from construction. No roofed structures may be erected in the buffer area. This buffer shall not be required for parcels in the DC Zone District.

Access. Any new multifamily development must take access from an existing collector or arterial road rather than an existing local road. The Planning Board may waive this requirement by conditional use upon a finding that it is preferable to take access from a local rather than a collector road and that taking access from the local road will have no significant adverse impact upon residents or property owners located on the local road.

Commercial districts. Within any commercial districts, multifamily is allowed only as a secondary use.

It must be situated on the second floor or on higher floors of a commercial building or in a separate building behind the commercial building; and

At no time may the area of the multifamily dwellings exceed 80% of the square footage of the on-site commercial space.

Downtown Commercial District. Within the Downtown Commercial (DC) District, multifamily is allowed with the following restrictions:

[Amended 1-7-2020]

For parcels fronting on the streets noted below, ground floor space of 30 feet multiplied by the building frontage, or 700 square feet, whichever is greater, shall be reserved for nonresidential uses as permitted in the DC District, unless otherwise required to comply with the State Building Code and/or Fire Code. Any area excluded due to the Building Code and/or Fire Code shall not count toward the minimum. This applies to the entire portion of the building fronting on the street. The remaining area of the first floor may contain residential units as a conditional use.

Union Street.

North Main Street south of the North Main Street Bridge.

South Main Street.

[4]

Wakefield Street south of Columbus Avenue.

[5]

Hanson Street.

[6]

Museum Way.

[7]

Columbus Avenue (from Summer Street to South Main Street).

The first floor commercial space may be split into different commercial uses totaling the required square footage.

DC Zone District parcels not fronting on the above streets may contain multifamily use and units on all floors without restrictions.

Sewer and water. Any new multifamily dwellings/developments must connect to the City of Rochester's public sewer and water systems.

Nursing home. The minimum lot size for the zone shall be increased by 1,000 square feet for each patient bed. The permitted density shall be 1 1/4 times that otherwise permitted for residential uses in the district.

Outdoor wood-fired hydronic heater or outdoor wood boiler.

"Outdoor wood-fired hydronic heater" or "outdoor wood boiler" means a fuel-burning device as defined by RSA 125-R.

The installation and/or operation of outdoor wood-fired hydronic heaters is permitted in the Agricultural District only.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The outdoor wood-fired hydronic heater shall be set back 25 feet from the nearest structure it serves.

The outdoor wood-fired hydronic heater shall be set back 100 feet from any lot line.

Parking facility, public. For a public parking facility, the following standards shall apply:

[Added 5-7-2019[3]]

Sizing and capacity of the facility shall be based on current and forecasted use patterns and demand for publicly accessible parking.

Frontages along a primary commercial street shall, to the extent practicable, incorporate commercial business as a means of minimizing extended expanses of blank walls.

An operations plan shall define the basic functions of the facility including signage, offsite wayfinding, hours of operation, access and control points, payment systems, and lighting and landscape installation.

Rate schedules shall be subject to establishment and change by the City of Rochester and shall not be required for approval or conditioned by the Notice of Decision.

Editor's Note: This ordinance also redesignated former Subsections N through U as Subsections O through V.

Small wind energy systems.

Authority and purpose. This Subsection N is enacted in accordance with RSA 672:1, III-a, and 674:62 to 674:66. The purpose of this subsection is to accommodate the installation of small wind energy systems in the City of Rochester, while protecting the public's health, safety and welfare.

Accessory use. A small wind energy system and meteorological tower are allowed as accessory uses to on-site principal residential or nonresidential uses that are legally established, including grandfathered nonconforming uses.

Building permit. No small wind energy system or meteorological tower may be erected, constructed, or installed without a building permit issued by the Director of Building, Zoning, and Licensing Services. A building permit shall also be required for any physical modification to an existing small wind energy system.

Meteorological towers. Meteorological towers shall be permitted on a temporary basis and must be removed within three years from the date the building permit for the tower is issued.

Total capacity. The total capacity for one or more small wind energy systems situated on one site or lot may not exceed a rated capacity of 100 kilowatts.

Application. An application for a building permit shall be submitted to the Director of Building, Zoning, and Licensing Services and shall include a site plan and documentation providing all of the following:

Property lines and physical dimensions of the applicant's property. A survey may be required at the reasonable discretion of the Director of Building, Zoning, and Licensing Services if necessary to confirm compliance with the setback and other requirements of this subsection.

Locations, dimensions, and types of buildings on the property and on adjacent properties within 50 feet of the property lines.

Locations of the proposed small wind energy system(s), foundations, guy anchors and associated equipment.

Tower foundation blueprints or drawings.

Tower blueprints or drawings.

Height of proposed tower and setback requirements as outlined in this subsection.

(g)

A plan showing the height of the overall prevailing canopy of trees within 300 feet of the tower.

(h)

Any public road that is contiguous with the subject property.

(i)

Any overhead utility lines.

(j)

Small wind energy system specifications, including manufacturer, model, rotor diameter, tower type, and nameplate generation capacity.

(k)

Small wind energy systems that may be connected to the power grid, including a copy of the application for interconnection with the electric utility provider.

(l)

Sound level analysis prepared by the wind generator manufacturer or a qualified engineer.

(m)

Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the New Hampshire State Building Code and to any local amendments adopted by the City of Rochester.

(n)

Evidence of compliance with or nonapplicability of Federal Aviation Administration requirements.

(o)

A shadow flicker analysis including:

A plan showing the seasonal shadow patterns of the proposed facility, the occupied buildings on the abutting properties, and building setback lines on the abutting properties; and

An evaluation of the shadow flicker impacts on the abutting properties, including the extent and length of shadow flicker impacts.

(p)

List of abutters to the applicant's property.

(q)

Any other information required for issuance of building and electrical permits.

(7)

Abutter notification and appeals.

The Director of Building, Zoning, and Licensing Services shall notify all abutters by verified mail, as defined in RSA 451-C:1, VII, upon application for a building permit to construct a small wind energy system. The cost of abutter notification shall be paid by the applicant. Abutters shall be afforded a thirty-day comment period prior to the issuance of a building permit.

[Amended 3-5-2019]

An appeal may be made to the Zoning Board of Adjustment pursuant to RSA 676:5.

The Director of Building, Zoning, and Licensing Services shall also notify the City Council of the application.

The Director of Building, Zoning, and Licensing Services shall determine whether the proposal qualifies as a development of regional impact pursuant to RSA 36:56. If the Director determines that it does then he/she shall follow the procedures set forth in RSA 36:57.

(8)

Standards. The following standards apply to small wind energy systems. The Director of Building, Zoning, and Licensing Services shall evaluate the application for compliance with these requirements.

Tower height. The maximum tower height is the lesser of:

One hundred fifty feet; or

Thirty-five feet above the height of the overall prevailing canopy of trees within 300 feet of the proposed tower.

Setbacks. The following setback requirements apply to small wind energy systems:

The tower must be set back (measured from the center of the tower base) from every property line of the subject property a distance equal to:

[a]

The system height multiplied by 1.1; or

[b]

The regular setback otherwise applicable in the zoning district, whichever is greater.

The tower must be set back (measured from the center of the tower base) a distance equal to the system height multiplied by 1.5 from:

[a]

Any occupied building on an abutting property;

[b]

The buildable area on an abutting property as determined by the setbacks on that abutting property;

[c]

Any existing utility transmission or distribution lines; and

[d]

The edge of pavement of any public roads.

Guy wires used to support the tower must be set back at least five feet from any property line.

Sound level. The small wind energy system shall not exceed 55 decibels using the A scale (dBA), as measured at the site property line, except during short-term events such as severe windstorms and utility outages.

Shadow flicker. Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. Significant shadow flicker is defined as more than 30 hours per year of shadow flicker on abutting occupied buildings. The applicant has the burden of demonstrating compliance with this requirement. Potential impacts may be addressed through special siting and/or mitigation measures.

Signs. All signs, including flags, streamers and decorative items, both temporary and permanent, are prohibited on small wind energy systems. Manufacturer identification or appropriate warning signs are allowed.

Code compliance. The small wind energy system shall comply with all applicable sections of the New Hampshire State Building Code and with any local amendments adopted by the City of Rochester.

(g)

Aviation. The small wind energy system shall be built to comply with all applicable Federal Aviation Administration regulations, including but not limited to 14 CFR Part 77, Subpart B, regarding installations close to airports, and the New Hampshire Aviation Regulations, including but not limited to RSA 422-b and 424.

(h)

Visual impacts. Inherently, small wind energy systems can create some visual impacts due to the tower height needed to access wind resources. The purpose of this subsection is to reduce the visual impacts without unduly restricting the owner's access to the optimal wind resources on the property.

The applicant shall demonstrate through project site planning and mitigation measures that the visual impacts of the small wind energy system, including ground-mounted electrical and control equipment, will be minimized for surrounding neighbors and the greater community. These measures may include, but are not limited to, special site selection, wind generator design, buffering, and screening.

All electrical service leading to the small wind energy system shall be underground.

The small wind energy system shall be either the stock color from the manufacturer or painted with a nonreflective, unobtrusive color that blends in with the surrounding environment. Approved colors for the latter include, but are not limited to, white, off-white or gray.

[4]

A small wind energy system shall not be illuminated unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA regulations for determination to establish the required markings and/or lights for the small wind energy system.

[Amended 3-5-2019]

(i)

Approved wind generators. Selection of the manufacturer and model of the wind generator to be used in the proposed small wind energy system is limited to those that have been approved by the California Energy Commission, the New York State Energy Research and Development Authority, or (if applicable) the State of New Hampshire.

(j)

Utility connection. If the proposed small wind energy system is to be connected to the power grid through net metering, it shall be in compliance with RSA 362-A:9.

(k)

Unauthorized access. The tower shall be designed and installed so as not to provide step bolts or a ladder or other means readily accessible to the public for a minimum height of eight feet above the ground. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(l)

Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations, and ordinances.

(9)

Discontinuation or abandonment.

If a small wind energy system is going to be discontinued or abandoned, the owner shall notify the Director of Building, Zoning, and Licensing Services by certified U.S. mail of the proposed date of discontinuation or abandonment.

Upon discontinuation or abandonment, the owner shall physically remove the small wind energy system within 90 days from the date of discontinuation or abandonment. This period may be extended at the discretion of the Director of Building, Zoning, and Licensing Services upon request of the owner. Physical removal includes, but is not limited to:

Removal of the wind generator and tower and related above-grade structures.

Restoration of the location of the small wind energy system to its natural condition, except that any existing landscaping, grading or below-grade foundation may remain in the same condition.

In the event that an owner fails to notify the Director of Building, Zoning, and Licensing Services of discontinuation or abandonment, the system shall be considered discontinued or abandoned if it is out of service for a continuous twelve-month period. After such a period of time, the Director may issue a notice of abandonment to the owner of the small wind energy system.

The owner shall have the right to respond to the notice of abandonment within 30 days from when he/she receives the notice. After review of the information provided by the owner, the Director shall determine if the small wind energy system has been discontinued or abandoned. If it is determined that the small wind energy system has not been discontinued or abandoned, the Director shall withdraw the notice of abandonment and notify the owner accordingly.

If the owner of the small wind energy system does not respond to the notice of abandonment, the owner shall remove the wind generator and tower at the owner's sole expense within 90 days of receipt of the notice of abandonment. If the owner fails to physically remove the small wind energy system as called for herein, then the Director of Building, Zoning, and Licensing Services may pursue any appropriate legal action to have the small wind energy system removed at the owner's expense.

(10)

Systems exceeding 100 kilowatts in capacity. Wind energy systems exceeding a rated capacity of 100 kilowatts, either singly or in combination, are considered public utilities and are allowed by special exception only as specified in Table 18-D.

(11)

Definitions. The following definitions apply specifically to small wind energy systems, as presented in this subsection:

METEOROLOGICAL TOWER

A temporary structure erected to collect environmental information for the purpose of assessing the potential for a small wind energy system. The meteorological tower includes the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment for anemometers and vanes, data loggers, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

MODIFICATION

Any change to the small wind energy system that materially alters the size, type or location of the small wind energy system. Nonstructural maintenance and repair is not considered to be a modification.

NET METERING

The difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer's small wind energy system that is fed back into the electric distribution system over a billing period.

POWER GRID

The transmission system, managed by ISO New England, created to balance the supply and demand of electricity for consumers in New England.

SHADOW FLICKER

The visible flicker effect when rotating blades of the wind generator cast shadows on the ground and on nearby structures causing a repeating pattern of light and shadow.

SMALL WIND ENERGY SYSTEM

A wind energy conversion system consisting of a wind generator, tower, and associated control or conversion electronics, which has a rated capacity of 100 kilowatts or less and which is used primarily for on-site consumption.

SYSTEM HEIGHT

The vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.

TOWER

The monopole, guyed monopole or lattice structure that supports a wind generator.

TOWER HEIGHT

The height above grade of the fixed portion of the tower, excluding the wind generator.

WIND GENERATOR

The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.

Solid waste facility. Solid waste facilities shall be subject to the following requirements:

Lot size. The minimum lot size for solid waste facility uses shall be five acres.

Coverage. Solid waste facility uses shall not occupy more than 75% of the land area of the lot on which they are located or occur.

Zoning lines. Solid waste facilities shall be set back at least 100 feet from adjoining zoning boundary lines except where the adjoining district is an industrial district.

Setbacks from rivers. Solid waste facilities shall be set back a minimum of 100 feet from the landward extent of the five-hundred-year floodplain and shall be screened from the river with a vegetative or other natural barrier to minimize visual impact unless otherwise specified in RSA 483:9. The following accessory structures or uses associated with a solid waste facility may also be located in the aforementioned setback areas if approved by NHDES and the Rochester Planning Board, with a recommendation from the Conservation Commission, as part of the site review process:

Access roads;

Drainage ditches and stormwater structures;

Fencing, screening and earthen berms;

Groundwater monitoring wells, piezometers, and other environmental monitoring devices;

Piping and tanks and appurtenant systems;

Sedimentation basins; and

(g)

Utility lines.

Other setbacks. Solid waste facilities shall be set back at least 50 feet from City-owned rights-of-way, provided that the setback for certain solid waste facilities shall be as specified below:

Recycling and materials recovery facility. Setback for the front foundation face of any buildings and/or permanent vehicle storage or materials storage facilities at recycling and material recovery facilities shall be 100 feet from City-owned rights-of-way. Normal parking entrances and accesses are permitted within this setback, but permanent overnight truck or equipment parking is prohibited. In the event an alternative screen or buffer is approved by the Planning Board, this setback may be reduced.

Transfer station or composting facility. Setback for the face of buildings or other physical structures used as transfer station or composting facilities shall be 50 feet or composting facilities shall be 100 feet from City-owned rights-of-way. Permanent parking of trucks or equipment within the setback is prohibited. Normal customer access and parking is permitted within the setback. In the event an alternative screen or buffer is approved by the Planning Board, this setback may be reduced.

Entering property. The City shall have the right to enter the solid waste facility during all operating hours and at other reasonable times to administer and enforce the provisions of this subsection.

(7)

Operational standards. Operational standards for and the operation of any solid waste facility shall be governed by and subject to the New Hampshire laws regarding solid waste management and regulations promulgated thereunder by the New Hampshire Department of Environmental Services and other state or federal agencies having jurisdiction over the operation of such facilities.

Sports betting facility. Sports betting facilities are permitted only when collocated with charitable gaming facilities.

[Added 6-6-2023[4]]

[4]

Editor's Note: With the addition of this Subsection S, the remaining subsections in this section were redesignated from Subsections S through X to Subsections T through Y, respectively.

Stable, commercial.

The minimum lot size required shall be five acres.

The side and rear setbacks for structures housing horses shall be 100 feet from any property line.

Any storage areas for manure shall be set back at least 200 feet from any lot lines. Manure must be handled according to best management practices.

Temporary structure. Temporary structures are subject to the following requirements. However, temporary structures erected for 15 or fewer days are exempt from this subsection herein.

A permit is required for temporary structures. An application must be submitted to the Director of Building, Zoning, and Licensing Services specifying the proposed location for the structure and its purpose. A fee will be charged in an amount determined by the City Council.

Temporary structures are subject to all zoning setbacks.

Temporary structures may not be placed forward of the front facade of the primary building on the lot (on corner lots, this applies only to the main entry facade, though other corner lot setbacks, as specified in this chapter, still apply).

Temporary structures that were in place prior to the adoption of this subsection must be brought into compliance with this subsection within six months of its adoption.

Vehicle sales. No vehicles or other equipment or materials may be stored or displayed within the road right-of-way. The City of Rochester shall take all appropriate steps to enforce this requirement. See enforcement provisions under Article 3, Administration.

Veterinary clinic.

Veterinary clinics shall set back 100 feet from any residential property, restaurant or lodging establishment.

All animals housed overnight shall be in completely enclosed buildings.

The Planning Board may stipulate that appropriate sound mitigation devices be installed and that fences, walls, and/or vegetation be installed to screen the site where animals will be maintained out of doors.

Warehouse.

All goods must be stored within a completely enclosed building or located in rear setbacks.

If the warehouse or storage area constitutes less than 50% of the gross interior floor area of the building it shall be considered an accessory use.

Yard sale, commercial.

A secondhand dealer license must be obtained from the City Council.[5]

[5]

Editor's Note: See Ch. 110, Junk and Secondhand Dealers.

Items may be displayed outside on the lawn or driveway or in a garage or other structure. The items must be displayed neatly and may not be left outdoors overnight.

Commercial bingo hall. Commercial bingo halls are permitted only when collocated with charitable gaming facilities or by special exception.

[Added 10-3-2023]

Facilities and buildings are subject to parking, landscaping, and architectural standards set by charitable gaming facilities as per Zoning Ordinance regulations, § 275-20.2.