Sec. 7(a).11. - Adoption public hearing: Town administrative officer and town council farm overlay district (FOD) floating zone.
A. Town council public hearing. The floating zone shall not be enacted until after a public hearing has been held. The town council shall first give notice of the public hearing by publication of notice in a newspaper that circulates in Exeter at least once each week for three successive weeks before the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed enactment of the overlay district.
The notice shall:
1. Specify the date, time, and place of the hearing.
2. Indicate that the adoption of an overlay district of the zoning ordinance is under consideration.
3. Contain a detailed statement of the proposed overlay district and applicant-specific requests printed once in its entirety or summarize and describe the overlay district being considered and the uses and activities under consideration.
4. Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied.
5. State that the proposals may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment during the hearing.
6. At least 14 days before the date of the public hearing shall be posted in the town clerk's office, in one other municipal building, and on the home page of the town's website.
7. The applicant shall send written notice by first-class mail to the owners of real property within 1,000 feet of the perimeter of the property proposed for the overlay district at least 14 days before the date of the town council public hearing.
8. Additional requirements of the printed newspaper notice and mailings include a readable map showing the existing and lot boundaries, the existing and proposed limits of the overlay district zoning district boundaries, the existing streets and roads and their names, and the town boundaries.
B. Planning board advisory recommendation. The planning board shall undertake a comprehensive evaluation of applications for the overlay district and shall provide an advisory recommendation to the town council regarding eligibility criteria.
C. Sequencing of applications—Farm overlay district (FOD) floating zone.
1. Preapplication to the town administrative officer as a minor land development request for the overlay district (prerequisite).
2. Formal submission of application to the town council through the office of the town clerk.
3. Scheduled for discussion at the town council meeting for referral to the town administrative officer.
4. Application to the town administrative officer as a preliminary minor land development project: "Request an advisory recommendation on the application for an overlay zone from the Planning Board" for project eligibility, to the town council. The planning board shall issue an advisory recommendation regarding project eligibility to the town council within 45 days of the town council referral.
5. Upon receipt of the planning board's advisory recommendation on eligibility, the town clerk shall schedule a public hearing with the notice and advertisement paid by the applicant.
6. If approved, proceed to submit the final minor land development project for review by the town administrative officer.
D. Adoption farm overlay district (FOD) floating zone—Power of the town council—Findings, eligibility, and consistency with the comprehensive plan.
1. Following the planning boards advisory recommendation on eligibility, the town council will convene a public hearing to evaluate public input, the advisory recommendations of the planning board, and the stipulations set forth in the minor land development review process, as well as Exeter's Zoning Ordinance and Appendix B of the Land Development Regulations. This includes an assessment of section 1.5 concerning the general purposes of land development and subdivision regulations, section 1.6 regarding consistency with the comprehensive plan, section 7.3 which details performance and development standards, and section 3.5 addressing the required findings for all approvals.
2. The proposed project must meet the eligibility criteria outlined in the farm overlay section and comply with the review standards articulated in the Code of Ordinances.
3. If the town council grants approval, it may impose conditions to protect public health and safety, mitigate nuisances, and ensure compliance with the zoning ordinance and comprehensive plan. During the approval process for the overlay district and the minor land development review, the town council and town administrative officer may also impose necessary stipulations for these purposes.
4. If the application receives approval, the applicant shall return to the town administrative officer for an administrative final minor land development project for the adoption of the overlay district for refinement of the specific design, layout, safety, site design, traffic flow, pedestrian access, landscaping, compatibility with surrounding properties would occur for those activities listed for enhanced review.
E. Post adoption site design review-farm overlay district (FOD) floating zone. The town administrative officer shall require and approve administratively:
1. The town administrative officer has the authority to review and approve all uses listed in section 7(a).6 under the limited uses category, as determined through a minor land development review. In cases where an application raises unique concerns or deficiencies, the officer may refer the application to the planning board for further evaluation.
a. Sufficient parking shall be provided for all uses; preference given to grass-field or other permeable surface parking.
b. Traffic details for any event deemed necessary by the town administrative officer.
c. The location of all structures and parking areas, minimizing any inconvenience to any abutting properties.
d. Referral to the building official and fire marshal for evaluating both permanent and temporary structures. This includes assessing sanitation facilities (restrooms, porta-johns, handwashing stations), temporary tents, compliance with fire safety regulations, food service licensing, and health standards.
e. Obtain necessary permits from relevant agencies to ensure compliance with public health and safety regulations.
f. A formal referral to the fire marshal to evaluate the circumstances and ensure adherence to fire safety regulations.
g. Ensure safe access for pedestrians and vehicles with clear walkways and signage. Provide adequate lighting for pathways, crosswalks, and parking lots, and design routes to accommodate pedestrians with disabilities.
h. Manage parking access and traffic flow to minimize local impact. Design should ensure efficient traffic management, reduce congestion, and enhance safety for drivers and pedestrians.
i. Dark Sky lighting.
j. Any signage.
2. Should the administrative officer deem it necessary, the application may be referred to the planning board, fire marshal, or building official for further evaluation.
(Ord. of 7-7-2025(1))