The chair and members of the Planning Board wish to thank all town residents who have participated in public meetings and hearings in recent months regarding the Master Plan update. The Board unanimously voted to bring forward the proposals below for a vote by ballot in the First Session of Town Meeting on Tuesday, March 12, recognizing that the Zoning Ordinance is never set in stone and there is more work to do to prepare the town for limited development that will respect the rural character of Canterbury.
The actual warrant articles are available on the town website, canterbury-nh.org. Click on Boards & Committees and then Planning Board to access them. On the left-hand side, you can click on the Full Texts document, the Summaries, which also includes a YouTube video made by board member Joshua Gordon, and the Final Ballot Language. If you want to see the original tracked versions, they are listed in the Jan. 18 agenda. Hard copies of these documents are available to view at the Town Office, the Country Store and Elkins Library, and will be available at the Town Hall on voting day.
What follows are summaries of the purpose of each article.
Ballot Article 2 – Accessory Dwelling Units: This would clarify Canterbury’s existing ordinance on Accessary Dwelling Units (ADU). ADUs that are attached to the main dwelling would be by right, with a building permit, in all zones except the Industrial Zone. Detached ADUs would be allowed by Conditional Use Permit in all zones except the Industrial and Commercial zones. Other changes include clarifying existing ADU requirements and establishing application requirements and standards for Conditional Use Permits. It would also move the existing language regarding ADUs attached to businesses from Article 2 to Article 18.
Ballot Article 3 – Flagpole Height Ordinance: This is an addition to Article 5.2 of the Zoning Ordinance, Establishment of Minimum Lot Standards, and will limit flagpole height to 30 feet (the height of the Center flagpole) to preserve the town’s historic and rural character.
Ballot Article 4 – Height Ordinance: This is an addition to Zoning Ordinance Article 2, General Provisions, to ensure structures do not exceed the height of safe emergency services without expensive upgrades to emergency service equipment.
Ballot Article 5 – Cluster Neighborhoods: Currently, Cluster Neighborhoods are an Allowed use in Residential, Rural zones and the Center and Shaker Village Historic Districts. Public notification is not required for a building permit to be issued. The change to Article 5 of the Zoning Ordinance would require all Cluster Neighborhoods to apply for a Conditional Use Permit. This change at Article 6 of the Zoning Ordinance will ensure abutter notification and an opportunity for the public to participate in the permitting process. It would provide more flexibility in the Planning Board review process, offer design incentives to better protect the town’s historic and rural character and to preserve open space. It would also require an owners’ association to maintain interior private roads to control town costs. It would add definitions to Article 3 of the Zoning Ordinance for “Designated Open Space,” “Residents’ Common Area” and “Commercial Common Area” to the Zoning Ordinances.
Ballot Article 6 – Short Term Rentals: This amendment to Article 2.11 of the Zoning Ordinance clarifies that where a short-term rental is permitted, only one rental unit is allowed. A short-term rental permit is good for two years. The maximum occupancy for a short-term rental will be determined by septic loading. Inspections will be required when safety concerns are reported to the town.
Ballot Article 7 – Number of Residential Building Permits: The current ordinance makes multifamily cluster development more practical than single family. This change to Zoning Ordinance Article 11 corrects that bias in the ordinance to make single-family construction more practical. It would clarify that the 3% annual building permit limitation is based on the number of year-round dwelling units, including accessory dwelling units, and extend the building permit limitation until March 31, 2025. State law requires that the town renew the limitation every year and provide an annually updated robust Capital Improvement Plan to justify the restriction. It would also clarify that the limit allowed for a single applicant during the year is based on the number of dwelling units.
Ballot Article 8 – Table of Uses and Residential Uses in Commercial Zone, Zoning Ordinance Article 5: This would permit limited residential use in the Commercial Zone.
Ballot Article 9 – Floodplain Ordinance: This would make terminology revisions based on changes to the National Flood Insurance Program (NFIP) and upcoming updates to the Merrimack River watershed Flood insurance Rate Maps (FIRMs). This is required for residents to qualify for FEMA disaster relief and flood insurance.
Ballot Article 10 – Historic Districts to be defined by official zoning map: This amendment clarifies the boundaries of the Center Historic District and the Shaker Historic Overlay District by replacing the current narrative descriptions with reference to the boundaries set forth on the Official Zoning Map of the Town of Canterbury.
Ballot Article 11 – Waiver Permission for certain applications: The amendment to Article 13.5(A) of the Zoning Ordinance would permit a waiver of the current requirement for a public hearing on all applications in situations when the application is not contrary to the spirit of the ordinance, does not impact any abutter and is not visible from a public way. In these instances, the Chair of the HDC in consultation with the Select Board Representative may waive the requirement for a public hearing. Before granting a waiver, a complete application must be filed and approved for completeness. The applicant would still meet all other provisions of the ordinance but would avoid paying for the filing fee and abutter notifications. An administrative fee for processing the application may be imposed.