Reference Library

Innovative Land Use Planning

• Administering Innovative Land Use Controls
  Chapter III from Innovative Land Use Controls: Reexamining Your Zoning Ordinance, NHMA Law Lecture #3, Fall 2012 by Attorney Keriann Roman, Drummond, Woodsum & MacMahon and Christopher G. Parker, AICP, Director of Planning & Community Development, City of Dover.
• Innovative Land Use Planning Techniques Guide - To address the need for guidance and technical assistance on Innovative Land Use Controls authorized by RSA 674:21, the New Hampshire Regional Environmental Planning Program (REPP) has produced a guide with model ordinances and regulations on a number of innovative land use techniques. more …
• In 1990, the Merrimack County office of UNH Cooperative Extension provided a series of fact sheets about innovative zoning which are provided here for historical reference. (All Adobe Acrobat PDFs )
  1. Introduction
  2. Incentive Zoning
  3. Phased Development
  4. Transfer of Development Rights
  5. Planned Unit Development
  6. Cluster Development
  7. Performance Standards/Impact Zoning
  8. Environmental Characteristics Zoning
  9. Accessory Dwelling Unit Standards
  10. Floating Zone - A Flexible Zoning Technique
• "Access Management Guidelines", Nashua Regional Planning Commission, April 2002
• NH DOT Citizen’s Guide to Transportation Series brochure, Access Management
• Shelburne Subdivision Regulations Amendments
• List of municipalities with Access Management Regulations (from Municipal Land Use regulation Database)

Aesthetics

• § 2.23 Zoning for Aesthetics
  (From Loughlin, 15 New Hampshire Practice: Land Use Planning and Zoning, Ch. 2, Purposes and Limits, § 2.23 (LexisNexis Matthew Bender)
• Asselin v. Town of Conway,137 N.H. 368, 628 A.2d 247 (1993)
  The New Hampshire Supreme Court upheld an ordinance that prohibited internally lit signs. An expert testified that internally illuminated signs appear as disconnected squares of light with an overall effect of creating a visual block of the natural environment of the mountain town, and appear to bob around through windshields. "The evidence supports a finding that the restriction on internally lighted signs is rationally related to the town's legitimate, aesthetic goals of preserving vistas, discouraging development that competes with the natural environment, and promoting the character of a 'country community'."
• "The State zoning enabling act grants municipalities broad authority to pass zoning ordinances for the health, safety, morals and general welfare of the community. Asselin v. Town of Conway, 137 N.H. 368, 371, 628 A.2d 247 (1993); see RSA 674:16, I (1996). In enacting a zoning regulation, a town may consider the knowledge of town selectmen and planning board members concerning such factors as traffic conditions and surrounding uses resulting from their familiarity with the area involved. Quirk, 140 N.H. at 129, 663 A.2d 1328. Furthermore, a municipality may exercise its zoning power solely to advance aesthetic values because the preservation or enhancement of the visual environment may promote the general welfare. Asselin, 137 N.H. at 371-72, 628 A.2d 247." [Richard Taylor & a. v. Town of Plaistow Argued: February 9, 2005 Opinion Issued: April 22, 2005]
• Zoning for Aesthetics
  From Part III, Section C. of Innovative Land Use Controls: Reexamining Your Zoning Ordinance, NHMA Law Lecture #3, Fall 2012 by Attorney Keriann Roman, Drummond, Woodsum & MacMahon and Christopher G. Parker, AICP, Director of Planning & Community Development, City of Dover
  

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