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Rezoning of Multi-zoned Parcels to Single Zones Proposed

 

by Sy Wrenn, Alternate Planning Board Member

 

This article has been submitted at the Request of the Windham Planning Board in an effort to educate the public on the zoning ordinance amendments that are being recommended by the for 2012 Town Meeting.  A series of articles will be published each week leading up to Town Meeting on March 13th.  Each article will provide a summary of one or more zoning amendments being proposed. 

AMENDMENTS #15, 16, 17, 18, 19, 20, 21, 22 & 23

 

History:  (What is the current status?)  There are over 96 parcels of land that are considered multi-zoned.  That is, the parcel is included in more than one zoning district; as an example a parcel could have a portion in the Rural District and a portion in the Residence District A.  This situation has developed over the years when zoning districts were defined as a number of feet from the centerline of a road or the edge of a water body prior to the land being subdivided into parcels.  The problem arises in that different zoning districts allow different uses and have different regulations.  This may complicate the development of the parcel or may require variances for development.

 

Why:  (Is this being proposed?)  To make as many parcels as possible single zoned for the following reasons:

 

a.     Eliminate the need for a variance to allow a single-use of the property when permitted in one district but not the other district.

b.     Eliminate conflicting regulations and zoning requirements between districts (i.e. buffers/setbacks, landscaping, etc.)

c.      Simplifies the review/approval process for development proposals.

d.     In some cases, may eliminate an existing non-conforming use.

 

Process:  (How were the single zones established?)  The Planning Board set up a subcommittee to review each parcel and make a recommendation to the full Planning Board for their consideration.  The subcommittee utilized the following criteria to make their recommendation.

 

1.     If the majority of a property was zoned a specific zone, consideration was taken for the rezoning of the property to that zone.

2.     If the majority of the primary structure on the property was located in a specific zone, consideration was taken for rezoning the property to that zone.

3.     If access to the property was from a specific zone, consideration was taken for rezoning the property to that zone.

4.     If a property was surrounded by abutting properties of a specific zone, consideration was taken for rezoning the property to the zone of those abutting properties.

5.     If a property was located within a residential subdivision where the majority of the lots in the subdivision were zoned a specific zone, consideration was taken for rezoning the property to the zone of the other lots in the subdivision.

6.     If a property was designated as open space or conservation land, consideration was taken for rezoning the property to Rural.

 

Each parcel was evaluated using the criteria above as well as the unique characteristics of the parcel itself.

 

Also every property owner and abutter was notified by the Planning Department of the time and date the Planning Board would be discussing their parcel.  All property owners and abutters were encouraged to present their comments and concerns to the Planning Board.  In no case was a parcel proposed for a single zone on the warrant if the property owner had objections to doing so.

 

Effect:  (If this is passed by the voters) The proposed parcels will have a single zone as indicated in each amendment.

 

The exact ordinance language of the Multi-zoned Parcel Amendments, a map of the proposed zoning changes, and the language of all other Zoning Amendments proposed for the 2012 Town Meeting can be found on the Planning Board page of the Town website: www.windhamnewhampshire.com.  The proposed amendments are also available at the Community Development Department.  If you have any questions feel free to contact Community Development staff at 432-3806.