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.