NORTH HAMPTON PLANNING BOARD PUBLIC HEARING NOTICE Proposed Zoning Ordinance Amendment - The North Hampton Planning Board will have a public hearing on January 5, 2016 at 6:30 p.m. at the North Hampton Town Hall on a proposed warrant articles to amend town zoning regulations for March 2016. The proposed warrant articles include, 1) modifications to Article III, Section 302, including amending the definition of a non-conforming use and adding a definitions for a non-conforming lot, equestrian stables, and commercial equestrian stables, 2) amendments to Article III, Section
305 by removing green houses and riding stables from requiring a special exception in the R1 and R2 Districts and adding that commercial equestrian stables require a special exception in the R1 and R2 Districts, 3) modifications to Article V, Section 501, including the conditions under which a non-conforming use may be modified and a structure on a non-conforming lot may be expanded, and 4) revisions to Article V, Section 508, including adding criteria for issuance of a conditional use permit for agricultural accessory structures and clarifications of wording of several sections.
A copy of the proposed amendments are posted at the North Hampton Town Hall and on the town website, and are available from the Planning Office. Shep Kroner,ChairmanNorth Hampton Planning Board, December 17, 2015.
Planning Board Public Hearing Agenda 01/5/2016
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AGENDA
TOWN OF NORTH HAMPTON
Planning Board Public Hearing
Tuesday, January 5, 2015 at 6:30pm
TOWN HALL, 231 ATLANTIC AVENUE
The Planning Board will hold a Public Hearing on a proposed amendment the following articles:
Language to be eliminated is struck out, and language to be added is in bold.
1. Article III, Section 302 – Definitions
Commercial Equestrian Stable: Any equestrian stable where the onsite animals are housed in one or more buildings for the purpose other than personal and/or onsite agricultural use of where more than four (4) animals total on the property are boarded for a fee or other considerations.
Equestrian Stable: Structure(s) and/or ground(s) whose principle use or purpose is for, but not limited to, the housing, shelter, feeding, care or exercise of equine animals.
Non-Conforming Lot: A lot which was lawfully created, but which does not meet the minimum dimensional requirements for frontage and/or lot size within the zoning district in which the lot is located.
Non-Conforming Use: Non-conforming use is any useor arrangement of structures or land legally existing at the time of enactment of this ordinance or any of its amendments, which does not conform to the provisions of this ordinance.
2. Article III, Section 305 – Permitted Uses, Special Exemption, and Non-Permitted Uses
R-1 High Density District
Permitted Uses Special Exemption
Greenhouses
Riding Stables
Commercial Riding Stables
R-2 Medium Density District
Permitted Uses Special Exemption
Greenhouses
Riding Stables
Commercial Riding Stables
3. Article V, Section 501 – Non-Conforming Use
501.2 A non-conforming use may be continued but may not be extended or expanded, or changedunless to a conforming use, except as permitted by the Board of Adjustment in accordance with the provisions of this Ordinance.
501.5 Structures on a non-conforming lot that is non-conforming because it does not meet the existing dimensional requirements for frontage and/or lot size can be expanded if the expansion meets current zoning.
4. Article V, Section 508 – Agriculture
508.3. F. Accessory Structure for Agriculture. “Accessory Structure for Agriculture” means a building or structure, detached from but located on the same lot, which is incidental and subordinate to the principal building.
508.5.B.2.b(4) – Conditional Use Permit Review The following process shall be used by the Planning Board in considering applications for Conditional Use Permits under this paragraphthe preceding paragraph (Section: 508.5.B.2.b.3):
508.5.B.2.b (4, a)Application. An application shall be submitted to the Planning Board. The application shall contain details of the type and extent of the Animal Husbandry Operations proposed for the property, including the quantity and type of animals and/or poultry, location of pens or shelters, location of manure storage and plan for manure disposal. A hand-drawn notapproximately-to-scale rendering of proposed operations shall be acceptable for the application.
508.5.C. Accessory Structures for Agriculture:
1. All structures erected to be used in the pursuit of agricultural activities and raising of animals and poultry shall be sited in the rear of the property.
2. A Conditional Use Permit is required to allow siting in an alternate location.
3. Conditional Use Permit Review. The following process shall be used by the Planning Board in considering applications for Conditional Use Permits under the previous paragraph (Section 805.C.2):
a. An application shall be submitted to the Planning Board. The application shall contain details of the type and extent of the structure proposed for the property, including the proposed use of the structure. A hand-drawn approximately-to-scale rendering of the building shall be acceptable for the application.
b. The Planning Board shall conduct a public hearing for which proper notice has been given to abutters and the public. Notice standards shall be the same as those that apply to Site Plan Review Applications.
c. The Conditional Use Permit, if approved, shall not diminish the value of surrounding properties.
d. The Conditional Use Permit, if approved, shall not unreasonably adversely affect the public interests, safety, health, or welfare.
e. The Planning Board shall have authority to impose reasonable conditions of approval that the Board deems appropriate under the specific circumstances presented in the application process and shall provide a written notice of decision to the applicant within five (5) business days of the date of the decision.
f. Fees. In order to encourage agricultural activities and reduce the financial burden on applicants, application fees for a conditional use permit for the Accessory Building Location shall be limited to the fee for certified, return-receipt-requested notifications to abutters in the Site Plan Review process.
The regularly scheduled meetingshall follow the Public Hearing.
Copies of the proposed amendment are available at the North Hampton Town Office, 233 Atlantic Avenue, Monday – Thursday 7:00am to 4:00pm and Friday 8:00am to 12:00pm for public review
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