LAND USE CODE CITY OF NASHUA, NEW HAMPSHIRE

Transcription

1 LAND USE CODE CITY OF NASHUA, NEW HAMPSHIRE Chapter 16 - Nashua Revised Ordinances Adopted November 09, 2005 Effective Date January 02, 2006

2 Land Use Code City of Nashua, New Hampshire Table of Contents TABLE OF CONTENTS ARTICLE I. GENERALLY Title Applicability Consistency with Master Plan Coordination with Other Regulations Rules of Construction Permits and Certificates Condominiums Special Use Permit for Development of Lots with Access from Paper Streets Summary ARTICLE II. [RESERVED] ARTICLE III. ZONING DISTRICTS AND SUPPLEMENTAL USE REGULATIONS DIVISION 1. GENERALLY Interpretation Establishment of Districts Zoning Map Boundaries of Districts to Reserved DIVISION 2. BASE DISTRICTS Purpose Statements Permitted Uses Dimensional Regulations Residential Districts (R-40, R-30, R-18, R-9, R-A, R-B, R-C) Commercial Districts (LB, GB, HB) Industrial Districts (PI, AI, GI) Downtown Districts ( D-1 and D-3 ) DIVISION 3. OVERLAY DISTRICTS Airport Overlay Zone to Reserved Historic Districts Mixed Use Overlay District ( MU ) Water Supply Protection District Flexible Use District Planned Residential Development ( PRD ) to Reserved DIVISION 4. SPECIAL DISTRICTS Higher Education District (HE) Medical District (MD) Reserved Transit-Oriented Development ( TOD ) to Reserved DIVISION 5. SUPPLEMENTAL USE REGULATIONS Accessory Uses and Structures Accessory Dwelling Units and Accessory Apartments to Reserved Attached Dwellings Bed and Breakfast Campers Child Day Care Facilities Churches, Synagogues, and Places of Religious Worship; and Community Centers Communications Towers and Antennae Page 2 of 372

3 Land Use Code City Of Nashua, New Hampshire Table of Contents Commercial Retrofit or Greyfield Redevelopment Reserved Conservation Subdivisions Drive-Through or Drive-In Uses to Reserved Elderly Housing Extractive Industries Fences Gas Stations/Convenience Stores to Reserved Halfway Houses and Community Living Facilities Home Occupations Inclusionary Zoning Junkyard, Automotive Recycling Yards, and Motor Vehicle Recycling Yards to Reserved Manufactured Housing to Reserved Neighborhood Center to Reserved Permanent Outdoor Display Areas Outdoor Storage to Reserved Residential Uses Sexually-oriented businesses Shopping Centers to Reserved Temporary Uses Utility Structures to Reserved DIVISION 6. FLOODPLAIN MANAGEMENT Title Applicability District Delineation Definition of Terms Construction Requirements Water and Sewer Systems Certification Other Permits Watercourses Special Flood Hazard Areas Special Requirements for Subdivisions and Site Plans Variances and Appeals to Reserved DIVISION 7. IMPACT FEES Authority Intent and Purpose Findings Applicability and Rules of Construction Definitions Assessment of Impact Fees Computation of the Amount of Impact Fees Payment of Impact Fee Administration of Funds Collected Custody and Maintenance of Fund Accounts Use of Funds Refund of Fees Paid Page 3 of 372

4 Land Use Code City of Nashua, New Hampshire Table of Contents Credits Against Payment of Impact Fees Additional Requirements Waiver of Impact Fee Planning Board Authority Appeals to Reserved DIVISION 8. LIGHTING Applicability Control of Glare Luminaire Design Factors Nonconforming Lighting to Reserved DIVISION 9. SIGNS Short title Interpretation Prohibited Signs Sign Permits Sign Requirements by District Sign Structure Standards Awning Signs / Canopy Signs/Marquee Signs Banner sign Reserved Directional Signs Ground Sign (also known as Detached, Freestanding, Pole or Pylon Sign) Identification Sign Reserved Off-Premise Signs Projecting sign (also known as Suspended Signs ) Reserved Roof sign Temporary sign Time and temperature sign Wall Sign (also known as Fascia Sign or Façade Sign ) Reserved Sign Master Plans (Optional) Nonconforming Signs to Reserved DIVISION 10. WETLANDS Generally Wetlands Buffer Administration Wetlands Application Wetlands Standards Wetland Buffer Monumentation Trees unlawfully cut or damaged within a wetland buffer to Reserved DIVISION 11. NONCONFORMITIES Applicability Reserved Nonconforming uses Nonconforming Structures Nonconforming Lots Abandonment Parking to 309 Reserved Appeals to Reserved Page 4 of 372

5 Land Use Code City Of Nashua, New Hampshire Table of Contents ARTICLE IV. PROCEDURES DIVISION to Reserved Completeness Review and Acceptance of Applications Notice Provisions to Reserved Revocation of Permit or Approval to Reserved DIVISION 2. ADMINISTRATIVE PROCEDURES Land Use Permit Building Permit Certificate of Use and Occupancy Minor Site Plan Amendments to Reserved DIVISION 3. ZONING PROCEDURES Zoning Amendments Conditional Use Permits Special Exceptions Reserved Concurrent Zoning Amendment and Site Plan Approval Appeals from Administrative Decision Variances from Zoning to Reserved DIVISION 4. SUBDIVISION PROCEDURES General Requirements Preliminary Conceptual Consultation Preapplication Design review Conditional Approval Construction Plans Performance Guarantees Revocation of Recorded Approval Approved Subdivision Exemption, Active and Substantial Development to Reserved DIVISION 5. SITE PLAN PROCEDURES Site Plan Procedures, Generally Performance Guarantees Waiver of Site Plan Standards Approved Site Plan Exemption, Active and Substantial Development to Reserved DIVISION 6. OTHER REVIEW PROCESSES Wetlands application Certificate of Approval-Historic District Commission to Reserved DIVISION 7. APPEALS, VARIANCES & WAIVERS Appeals from Zoning Ordinances Variances from Zoning Ordinances Planning Board Waivers to Reserved DIVISION 8. ENFORCEMENT PROCEDURES Generally Zoning Violations Subdivision and Site Plan Violations to Reserved Page 5 of 372

6 Land Use Code City of Nashua, New Hampshire Table of Contents ARTICLE V. DEVELOPMENT STANDARDS FOR SITE AND SUBDIVISION PLANS DIVISION 1. GENERAL Applicability Reserved Official Map Bonds Standard Specifications to Reserved DIVISION 2. SITE DESIGN Applicability Lot Layout and Configuration Blocks Frontage Utility or Conservation Lots to Reserved DIVISION 3. ADEQUATE PUBLIC FACILITIES Applicability Procedures for the Processing of Applications Methodology & Criteria for Determining Availability & Adequacy of Public Facilities to Reserved DIVISION 4. BUILDING DESIGN Applicability Multi-Family Dwelling Units Non-Residential Buildings to Reserved DIVISION 5. CONSERVATION REGULATIONS Applicability Sensitive Site Features Conservation Area and Common Open Space Monumentation to Reserved DIVISION 6. GRADING AND REMOVAL OF SOIL Applicability Excavation Standards Grading Standards Erosion Control to Reserved DIVISION 7. LANDSCAPING Applicability Screening and Buffers Screening of Service or Storage Areas Additional Screening Requirements For Industrial And Business Uses Surface Parking Lots Landscaped Yard Area Requirements Subdivision Areas Protection During Construction Maintenance Requirements Landscape Design DIVISION 8. PARKING Applicability Off-street Parking and Loading Required Location Parking Space Dimensions Multiple parking and loading area standards Municipal lot substitutions Increase or change of use Page 6 of 372

7 Land Use Code City Of Nashua, New Hampshire Table of Contents Nonconforming Parking Number of Off-street Parking Spaces Off-street Loading Spaces Handicapped Parking Requirements Parking Structures Shared Parking to Reserved DIVISION 9. PARKS, RECREATION, AND CIVIC SPACES Applicability Required Open Space, Parks or Civic Space Maintenance and Preservation to Reserved DIVISION 10. STREET DESIGN AND TRANSPORTATION Applicability Required Improvements and Circulation System Design Principles Geometric Design Access Points and Curb Cuts Reserved Intersections and Layout Private Streets Sidewalks and Pedestrian Rights-of-Way Street names, signs and house numbers Reserved DIVISION 11. STORMWATER MANAGEMENT Applicability Stormwater Management Standards Easements Operation and Maintenance Plans Plan Review and Approval to Reserved DIVISION 12. RESERVED DIVISION 13. UTILITY STANDARDS FOR SUBDIVISIONS AND SITE PLANS Applicability Approval Required Standards Review of Subdivision Plans Individual Sewage Disposal Systems Shared Septic Systems Refuse Disposal Easements to Reserved ARTICLE VI. EXCAVATION REGULATIONS Applicability Operational Standards Sketch Plan Reclamation Plan to Reserved ARTICLE VII [RESERVED] ARTICLE VIII. UTILITY STRUCTURES Applicability Planning Board Waivers Standards for Utility Structures Dimensional Standards Page 7 of 372

8 Land Use Code City of Nashua, New Hampshire Table of Contents to Reserved ARTICLE IX. ADMINISTRATIVE AGENCIES DIVISION 1. STAFF Administrative Officer to Reserved DIVISION 2. PLANNING BOARD Established; composition; terms; compensation Removal of members Vacancies Staff; finances Organization; meetings; rules Duties to Reserved DIVISION 3. REGIONAL PLANNING COMMISSION Established Composition Qualifications; terms Removal of representatives Vacancies Organization; meetings; bylaws Finances General powers and duties to Reserved DIVISION 4. INDUSTRIAL DEVELOPMENT AUTHORITY Created; board of directors Membership Organization Voting Minutes, voting records; annual report to Reserved DIVISION 5. ZONING BOARD OF ADJUSTMENT Zoning Board of Adjustment; membership Meetings Powers and duties to Reserved DIVISION 6. CONSERVATION COMMISSION Conservation Commission to Reserved DIVISION 7. HISTORIC DISTRICT COMMISSION Historic district commission established Membership of commission Organization, meetings and rules of commission Powers and duties of commission to Reserved ARTICLE X. DEFINITIONS AND SUBMITTAL REQUIREMENTS DIVISION 1. DEFINITIONS Rules of Interpretation, Generally to Reserved Definitions to Reserved List of Abbreviations to Reserved DIVISION 2. SUBMITTAL REQUIREMENTS Submittal Requirements Page 8 of 372

9 Land Use Code City Of Nashua, New Hampshire Table of Contents B-1 Generally B-2 Fees B-3 to B-10 Reserved B-11 Building Permits and Land Use Permits B-12 Communication Towers and Antennae B-13 Concept Plans (Planned Residential Developments) B-14 Conditional Use Permit B-15 Construction Plans B-16 to B-19 Reserved B-20 Filling of Water or Drainage Areas B-21 Reserved B-22 Landscaping Plans B-23 Lighting Plans B-24 to B-30 Reserved B-31 Rezoning Applications B-32 Rezoning and Site Plan Application, Combined B-33 Sign Plans B-34 Site Plans B-35 Site Plan Suitability Report in D and MU Districts B-36 Subdivision Plans, Design Review B-37 Subdivision Plans B-38 to B-39 Reserved B-40 Traffic Impact Analysis (TIA) B-41 to B-49 Reserved B-50 Wetlands Application Process INDEX LIST OF TABLES Table 22-1 Zoning Districts Table 25-1 Zoning District Purpose Statements Table 26-1 Use Matrix Table 27-1 Occupancy Restrictions Table 27-2 Minor Encroachments Table 27-3 Dimensional Matrix...42 Table 32-1 Table of Land Use Compatibility Standards Table 45-1 PRD Bonus Density Table 46-1 Dimensional Standards, "TOD" District Table 65-1 Bed & Breakfast Guest Rooms Table 70-1 Commercial Retrofit Mixed Use Height Limits Table 72-1 Conservation Subdivision Bonus Density Table 72-2 Conservation Subdivision Open Space Table 73-1 Drive-Through Stacking Distances Table 81-1 Elderly Housing Classifications Table 81-2 Elderly Housing Density Table 84-1 Accessory Uses Table 93-1 Density Bonus for Inclusionary Zoning Table Dimensional Requirements Table 11-1 Impact Fee Table Table 15-4 Banner Signs Table 15-6 Directional Signs Table 15-7 Ground Signs Table 15-8 Identification Signs Table Outdoor Advertising Signs Table Projecting Signs Page 9 of 372

10 Land Use Code City of Nashua, New Hampshire Table of Contents Table Wetland Classifications and Buffers Table Required Buffer Yards Table Minimum Plant Materials Required for each Buffer Yard Type Table Examples of Permitted Trees Table Aisle or Driveway Width Table Number of Required Off-Street Loading Regulations Table Required Handicapped Parking Spaces Table Shared Parking Parking Ratio Reduction Factors Table Parking Matrix Table Street Classification Table Minimum Intersection Sight Distance: Stop Sign and Signal Controlled Intersections. 281 Table Minimum Intersection Sight Distance: Yield and Uncontrolled Intersections Table Minimum Stopping Sight Distance (Approval by City Engineer or Designee Required) 281 Table Size of Curb Cuts Table Inside Turning Radii Page 10 of 372

11 Article I, Generally Land Use Code City Of Nashua, New Hampshire 16-1 Title ARTICLE I. GENERALLY This Chapter shall be known, and may be cited as, the Land Use Code of the City of Nashua Applicability The requirements of this Chapter, as amended from time to time, shall apply to all development or changes in land use within the municipal borders of the City of Nashua, including those undertaken by the City of Nashua and its constituent and affiliated agencies, departments and officials, to the fullest extent of the law Consistency with Master Plan This Code implements the Master Plan of the City of Nashua, adopted by the Planning Board on November 15, 2001, and approved resolution of the Board of Aldermen on December 16, Coordination with Other Regulations Activities subject to this Code shall comply with all other applicable requirements of the City Code including, but not limited to: Chapter 6 (Buildings), Chapter 7 (Fire Prevention), Chapter 19 (sewage disposal), and Chapter 20 (streets, management of public right-of-way) Rules of Construction Rules for interpreting this Code, including definitions, are established in Article X, Division 1 to this Code Permits and Certificates No development activity or change in land use shall commence or be established unless and until all applicable permits required by Article IV of this Chapter are approved and issued Condominiums (a) Pursuant to RSA 356-B:5, this Chapter does not prohibit condominiums as such by reason of the form of ownership inherent therein. In addition, this Chapter does not treat any condominium differently where it permits a physically identical project or development under a different form of ownership. (b) Proposed conversion condominiums and the use thereof that do not conform to the zoning, land use and site plan regulations of this Chapter shall secure a conditional use permit and any other required approvals prior to becoming a conversion condominium Special Use Permit for Development of Lots with Access from Paper Streets (a) A special use permit from the Planning Board under RSA 674:21 II for development of a lot whose sole access from a public street is by a right of way which was dedicated to public use by being shown on a subdivision plan but which has been released and discharged from all public servitude by vote of the aldermen or by lack of public use under RSA 231:51 and 52. The special use permit shall be in addition to the variance for such development required from the Zoning Board of Adjustment. (b) Application for a special use permit shall be on a form provided by the Planning Department, and the applicant is to pay the minimum application fee set forth in Article X, Division 2, B-2, abutter Page 11 of 372

12 Land Use Code City of Nashua, New Hampshire Article I, Generally notification costs, sign posting requirements in the same dollar amount established for site plan and subdivision applications. The applicant shall submit an abutter s list, information and plans detailing how the applicant satisfies the six conditions of approval listed in 16-8(d) to the applicable City Department or other public utility. The Planning Department, Division of Public Works, Fire Rescue Department, Environmental Health Department, applicable Public Utilities shall review and make a recommendation on the application and forward to Planning Department for consideration by Planning Board. (c) A public hearing shall be required for a special use permit under this section with the same abutter and public notice as for a subdivision or site plan application. (d) The special use permit shall be granted upon a finding by the Planning Board that the proposed development fulfills all of the following conditions: (1) adequate access for proper water, sewer and other utility connections; (2) provision for snow removal and trash removal; (3) proper drainage from driveway; (4) adequate access for emergency vehicles; (5) safe sight distance for driveway; and (6) no other substantial adverse impact on public health and safety Summary (a) The Land Use Code The major purpose of the Land Use Code is to implement the City s adopted Master Plan. It is designed to provide the rules about what is expected of applicants in order to gain approval to develop land in the City. This Executive Summary describes how the Land Use Code is structured. It describes how to navigate the Code, the major topics covered in each Article, and how the sections are numbered (consistent with the format of other City Code provisions). The Land Use Code is available online at the Planning Department s website: (b) Navigating the Land Use Code The Land Use Code is comprehensive in scope and is not intended to be read from cover to cover. It is organized so readers may look up only the parts they need. The list of articles and divisions in the table of contents shows the main topics and overall organization of the Land Use Code, while the section listings at the beginning of each division provide more detail about the subjects addressed. Later portions of this introduction explain different ways to use the Land Use Code to answer frequently asked questions. There are many other ways to use this Land Use Code, depending on your objectives. On-line users can use hyperlinks to navigate the Land Use Code. Hyperlinks are digital cross-references that speed up references to other parts of the document. Items highlighted in blue type are links to other provisions of the Code. By clicking on the highlighted terms, the reader is taken directly to that section. For example, clicking on takes the reader directly to without having to scroll through the entire document. Clicking the back arrow takes the reader back to the previous section. Another useful tool is the Document Map. The reader can click the document map button or go to View Document Map to turn off the Document Map. Clicking a section on the Document Map takes the reader directly to that section without having to scroll through the entire document. Page 12 of 372

13 Article I, Generally Land Use Code City Of Nashua, New Hampshire (c) Land Use Code Organization The numbering system is consistent with the system used throughout the City s Code. The Land Use Code is Chapter 16 of the City Code. Chapter 16 is divided into Articles, which are divided into Divisions, which are divided into Sections and Subsections as follows: XVI (a) (1) A. Article Division Section Subsections Outside the section. When a reference is to text outside of the same section, the reference number starts with the Article number and continues to the appropriate level for the reference. The names Land Use Code and Chapter are used if the reference is to the entire Land Use Code or Chapter 16. Within the section. When a reference is to text within the same section, the name of the subsection is used, and the reference number starts with the appropriate subsection number. Purpose Statements. The beginning of most Articles, Divisions and Sections include an italicized purpose statement. The purpose statement summarizes the Master Plan policies that the section is designed to implement, other relevant public policies, and fact-findings governing the section. These purpose statements provide the basis for the development standards, but are not standards. In other words, an application for approval of a development cannot be denied because of a conflict with the purpose statement. However, an application will be denied where it conflicts with the standards. (d) Contents of the Land Use Code Major topics within the chapter are called Articles. The Articles are summarized below. Article I includes background material germane to the entire Land Use Code. It describes the purpose and scope of the Ordinance, and sets the stage for the remainder of the document. Special Districts and Overlay Districts. Overlay districts consist of regulations that address specific subjects that may apply to a variety of areas in the City, such as requirements for historic districts and landmarks. Special districts are regulations that are tailored to a specific area of the City or to a specific type of development. The Zoning Map identifies overlay districts as well as the base zoning districts and other information. Development standards for each Base District are also included. Article III is the City s zoning ordinances. This article establishes the zoning districts, overlay zoning districts, and special zoning districts as well as use regulations, and bulk and dimensional standards. These regulations establish the uses that are permitted in each zone. They also state which uses are allowed in limited situations, known as conditional uses, and which are prohibited. Section lists the zoning districts. A summary schedule showing the permitted uses and special uses in all districts is presented in This schedule is referred to as the Use Matrix. A summary schedule showing the minimum lot size, density, intensity, height, and open space percentage in all districts is presented in This schedule is referred to as the Dimensional Matrix. To avoid repetition, Division 5 of Article III contains regulations for specific uses and development types that apply in all Base Districts. Examples include Attached Dwellings, Home Occupations, and Cell Towers. These uses may or may not be permitted as of right or as a conditional use, depending on how they are listed in the particular district under the Use Matrix. The standards are designed to address particular issues that are raised by the particular use. Page 13 of 372

14 Land Use Code City of Nashua, New Hampshire Article I, Generally Standards relating to the City s zoning authority are codified in Article III. These include floodplain management, impact fees, signs, and wetlands. Article III, Division 11 includes the regulations for legal nonconforming uses and structures Article IV describes how to obtain a permit and describes what happens if the Land Use Code is violated. It consolidates permitting procedures ranging from legislative decisions (such as rezoning), administrative decisions (subdivision and site plan approval; variances), and ministerial decisions (e.g., building permits). It also contains enforcement procedures. Article V contains the development standards applicable to subdivision plans and site plans. Some of these standards may also apply to building permits where indicated by Article III. Article IX formally establishes the agencies involved in the permitting process Planning Board, Zoning Board of Adjustment, Historic District Commission, and Conservation Commission. Article X, Division 1 and Article X, Division 2 are technical sections needed to administer and interpret the ordinance. Article X, Division 1 includes the definition of terms and phrases used throughout the ordinance. Article X, Division 2 is the checklist of information that must be submitted in order to have a complete application. (e) Using the Land Use Code (1) Determining Where a Specific Use May Locate To determine what Base District a specific use may be located, the user must first determine what land use category it is in. Use the Use Matrix ( 16-26, Table 26-1) to look up a specific use. These are listed by category (for example, retail sales or heavy industry) rather than types of business. If there is a question as to how the use is defined, the Land-Based Classifications (LBCS) published by the American Planning Association and/or the North American Industrial Classification System (NAICS) should be consulted. These resources are comprehensive classification systems for land uses or industries that are crossreferenced in the Land Use Code. [Reference: see Article X, Division 1] Then, look at the Use Matrix to see the status of the particular land use. Land use categories may be allowed by right, allowed only as a conditional use (with additional conditions possible), or prohibited. You should also check Article III, Division 5 for Supplemental Use Regulations because some uses are subject to special standards. Finally, although a Base District may allow a use, a specific site may be subject to additional regulations from an overlay district or special district. The regulations of the overlay district or special district supersede the regulations of the Base District and may affect the uses allowed and conditions required, so those regulations should also be consulted. (2) Determining Which Procedures Apply Each section of Procedures (Article IV) describes the procedures for zoning, subdivision and site plan approval. Each section includes a subsection entitled Applicability. This subsection describes the situations where a particular process is needed. If the section applies, the reader should then consult the other subsections, which describe how an application is initiated, how an application is processed, the criteria for review, and cross-references to other parts of the Land Use Code. In addition, most sections have a subsection entitled Scope of Approval which describes the rights granted to an applicant by the issuance of approval of the permit. Keep in mind that not all permits entitle an applicant to begin construction. In fact, most simply allow an applicant to proceed to the next step in the approval process. Page 14 of 372

15 Article I, Generally Land Use Code City Of Nashua, New Hampshire (3) Determining the Standards Applicable to a Site If the site only requires zoning approval, consult the Dimensional Matrix ( 16-27, Table 27-3) to determine the density, setbacks, height and other restrictions. If subdivision or site plan approval is required, proceed to Articles V through X to determine the Standards that apply. Read the sections entitled Applicability carefully, because some of these standards apply only to certain types of situations. ARTICLE II. [RESERVED] Page 15 of 372

16 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 1, Generally ARTICLE III. ZONING DISTRICTS AND SUPPLEMENTAL USE REGULATIONS The purpose of this Article is: To implement the Master Plan pursuant to RSA 674:2, by providing the best and most appropriate future development of the area under the jurisdiction of the Planning Board, to aid the board in designing ordinances that result in preserving and enhancing the unique quality of life and culture of Nashua, and to achieve smart growth, sound planning, and wise resource protection. To accomplish the purposes described in RSA 674:17. Division 1. Generally Interpretation The words, terms and phrases used in this Article shall be as defined and described in Article X, Division 1, which is hereby incorporated by reference Establishment of Districts In order to implement the Master Plan, the City of Nashua is hereby divided into the following zoning districts: Table 22-1 Zoning Districts Full Name Class Short Name Rural Residence Base R-40 A Suburban Residence Base R-30 B Suburban Residence Base R-18 C Suburban Residence Base R-9 A Urban Residence Base R-A B Urban Residence Base R-B C Urban Residence Base R-C Local Business Base LB General Business Base GB Downtown 1 Base D-1 Downtown 3 Base D-3 Highway Business Base HB Park Industrial Base PI General Industrial Base GI Airport Industrial Base AI Page 16 of 372

17 Article III, Zoning Division 1, Generally Land Use Code City Of Nashua, New Hampshire Full Name Class Short Name Airport Approach District Overlay A Historic Overlay H Mixed use Overlay MU Flexible Use Overlay FU Water Supply Protection Overlay WSP Medical District Special MD Higher Education District Special HE Planned Residential Development Special PRD Transit-Oriented Development Special TOD Zoning Map (a) The location and boundaries of the zoning districts are hereby established as shown on a map titled "Zoning Map of the City of Nashua, New Hampshire," dated November 9, 2005 and as amended, which is hereby declared to be a part of this article. The authenticity of the zoning map shall be identified by the signature of the Administrative Officer under the following words: "This is an accurate representation of the zoning map adopted by the Board of Aldermen on November 9, 2005, and Ordinance No. O " (b) Any change in the location of boundaries of a zoning district hereafter made through amendments of this article shall be indicated by the alteration of the zoning map, and the map, as altered, is declared to be a part of this Article. (c) The zoning map shall be drawn at a scale of one (1) inch to one thousand (1,000) feet, with ink of stable material, and shall be located in the office of the Administrative Officer. Photographic reductions of this large scale map may serve as copies of the map Boundaries of Districts (a) Generally Where any uncertainty exists with respect to the boundary of any district as shown on the zoning map, the following rules shall apply: (1) Where a boundary is indicated as being a street, alley, railroad or watercourse, river, canal, or other body of water, it shall be construed to be the center line or middle thereof, or where such boundary approximates a city boundary, then to the limits of the city boundary. (2) Where a boundary is indicated as following approximately or parallel to a street, railroad or watercourse or other body of water, it shall be construed to be parallel thereto and at such distance therefrom as shown on the zoning map. If no dimension is given, such distance shall be determined by the use of the scale shown on the zoning map. Page 17 of 372

18 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 1, Generally (3) Where a dimensioned boundary coincides, within ten (10) feet or less, with a lot line, the boundary shall be construed to be the lot line. (4) Where a boundary is indicated as intersecting the center line of a street, railroad or watercourse or other body of water, and unless it is otherwise indicated, it shall be construed to intersect at right angles to such center line or in the case of a curved center line, to the tangent to the curve at the point of intersection. (5) The abbreviation "PL" means property line as shown on the city assessor's map as in effect on the effective date of this article. (6) The abbreviation "CL" means "center line," and "CI" means "center of intersection." (b) Split-Zoned Properties When a lot is transected by a zoning district boundary, the regulations of this Zoning Ordinance applicable to the larger part by area of such lot may, at the option of the owner, be deemed to govern the smaller part of the lot beyond. Uses permitted within the smaller part of the lot, and that are not permitted on the larger part of the lot, shall require a conditional use permit. (c) Special Districts The boundaries of a special district shall be established through an amendment to the Zoning Ordinance as set forth in Article III, (b) and Article IV, , Zoning Amendments to Reserved Division 2. Base Districts Purpose Statements The purpose and intent of the Base Zoning Districts are as follows: Table 25-1 District Rural Residence ( R-40 ) A Suburban Residence ( R-30 ) B Suburban Residence ( R-18 ) Zoning District Purpose Statements Purpose The rural residential district has a minimum lot size requirement of 40,000 square feet (or approximately one acre). This district is reserved primarily for the southwest quadrant of the city and other areas with limited infrastructure capacity and environmental or topographical restrictions. The R-40 district is also the primary district where individual wells and septic systems are in use, although sewer and water extensions have been made to some parts of the district. The R-30 district is similar to R-40, with a slightly smaller minimum lot size of 30,000 square feet. Most of the R-30 districts provide a buffer between the R-40 district and suburban areas, such as the southwest quadrant and the northwest quadrant near the Hollis border west of the airport. These districts are more evenly distributed throughout the City, although the majority of the R-18 and R-9 land is found in the southwest quadrant. This district provides suburban densities and intensities for primarily residential neighborhoods, with Conservation Subdivisions permitted as an option in order to encourage the preservation of natural resources. Page 18 of 372

19 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire District C Suburban Residence ( R-9 ) A Urban Residence ( R-A ) B Urban Residence ( R-B ) C Urban Residence ( R-C ) Local Business ( LB ) Highway Business ( HB ) General Business ( GB ) Downtown ( D-1, and D-3 ) Park Industrial ( PI ) General Industrial ( GI ) Airport Industrial ( AI ) Purpose These districts are more evenly distributed throughout the City, although the majority of the R-18 and R-9 land is found in the southwest quadrant. This district provides suburban densities and intensities for primarily residential neighborhoods, with Conservation Subdivisions permitted as an option in order to encourage the preservation of natural resources. This district is appropriate for the older residential sections of Nashua surrounding the urban core. R-A is predominantly single-family, although duplexes are allowed subject to special standards. This district is appropriate for the older residential sections of Nashua surrounding the urban core. R-B district permits duplexes by right and multi-family dwellings with three or more units subject to special standards. This district is appropriate for the more well-established residential sections of Nashua that include areas immediately surrounding the urban core and neighborhoods throughout the urban area. The R-C district permits all residential types by right, provided all dimensional requirements are met. Local Business (LB) districts are commercial areas primarily located adjacent to or within established residential neighborhoods. They are intended as convenience commercial districts that support adjacent neighborhoods. The LB district is pedestrian-oriented as opposed to automobile-oriented. Highway Business (HB) districts are commercial areas located primarily adjacent to heavily traveled arterial roads, such as Amherst Street and the Daniel Webster Highway. General Business (GB) districts are similar to the HB districts in purpose, function, and appearance, but require a smaller minimum lot size. The GB districts are generally found in close proximity to the HB districts, but tend to be developed as shopping centers with large parking areas (including the malls), rather than for strip commercial development, which characterizes development in the HB districts. The D districts consist of the downtown and the surrounding business area. These are mixed-used districts, which permit some apartment and multi-family uses as well as commercial and institutional uses. The D districts are pedestrian-oriented as opposed to automobile-oriented. These districts include many of Nashua s historic structures. The Park Industrial (PI) districts are industrial areas that, for the most part, abut the major Turnpike interchanges, and are adjacent to residential zones. PI provides locations for light industry and industrial parks. This District implements the Master Plan recommendation to provide adequate zoning for industrial park-type development. The General Industrial (GI) districts are the older, traditional industrial areas of the inner city. They are often is close proximity to the Nashua or Merrimack rivers, and are generally assessable by railroad and/or local roads. Most of Nashua s heavy industries are located in the GI districts. This district implements the Master Plan recommendation to provide a reasonable amount of space for heavy industrial uses, provided they are environmentally sound and do not detract from neighboring land uses. This district includes the Boire Field Airport and the surrounding industrially zoned land. It supports the Airport s operations by providing an area for airport -related and airportcompatible uses. Page 19 of 372

20 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts Permitted Uses Purpose: pursuant to RSA 674:16, this section regulates the location and use of buildings, structures and land used for business, industrial, residential, or other purposes. This section implements the following Master Plan recommendations: Update the commercial land-use definitions in the Nashua Revised Zoning Ordinances. Write clear definitions of all potential industrial types/uses and apply them to all of the industrial zones. (a) Applicability Except as provided in this article, no building, structure or land shall be used except for the purposes permitted in the district as described in this division. (b) Mixed uses. In cases of mixed occupancy, the regulation for each use shall apply, as provided in this article, to that portion of the building or land. (c) Use Matrix (1) The uses permitted in each zoning district are set forth in Table 26-1, below. Any use not listed is prohibited, unless the Administrative Officer determines that it falls within the same class as a listed use as set forth in subsection (d), below. A. Uses permitted by right are uses designated by a P in Table B. Conditional uses are designated by a C in Table 26-1 and require a permit from the Planning Board as set forth in of the Land Use Code. C. Uses that require a Special Exception are designated by an S in Table 26-1 and require review by the Zoning Board of Adjustment as set forth in of the Land Use Code. D. Accessory uses are defined by Article X, Division 1, Definitions, and are designated by an A in Table (2) Uses permitted by right or by conditional use shall be subject, in addition to use regulations, to all other provisions of this Article. (d) Interpretation of Table 26-1 (1) Uses not listed as a permitted or conditional use are presumed to be prohibited from the applicable zoning district. In the event that a particular use is not listed in the Use Matrix, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the Administrative Officer shall determine whether a materially similar use exists in this Section. Should the Administrative Officer determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the Administrative Officer s decision shall be recorded in writing. Should the Administrative Officer determine that a materially similar use does not exist, this Chapter may be amended to establish a specific listing for the use in question. Page 20 of 372

21 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire (2) The Administrative Officer may determine that a use is materially similar if: A. The use is listed as within the same Structure or Function classification as the use specifically enumerated in the Use Matrix, as determined by the Land- Based Classification Standards ( LBCS ) of the American Planning Association [Reference: The use shall be considered materially similar if it falls within the same LBCS classification and meets the requirements of subsections B and C, below. B. If the use cannot be located within one of the LBCS classifications pursuant to subsection (d)(2)a., above, the Administrative Officer shall refer to the North American Industry Classification Manual (Executive Office of the President, Office of Management and Budget, 1997)( NAICS ). The use shall be considered materially similar if it falls within the same industry classification of the NAICS, and meets the requirements of subsection (d)(2)c., below. [Reference: C. The proposed use shall not generate average daily trips exceeding other uses proposed in the zoning district by more than ten percent (10%), as determined by the Institute of Transportation Engineers, Trip Generation (6th ed., 1997)(the ITE Manual ), which document is hereby incorporated by this reference. If the trip generation is not listed in the ITE Manual, the use shall be considered materially similar. The Administrative Officer may also refer to similar local traffic studies. (3) In order to assist in interpretation of the Use Matrix, the LBCS and NAICS numbers precede each use in the Use Matrix. In interpreting the Use Matrix, the following rules of construction shall apply: A. If a use is listed for a specific classification, while a more general classification within the same industry classification is also listed for another use, the specific classification governs. The specific use is not permitted in all districts where the uses coded to the general classification are permitted simply because they share a similar LBCS or NAICS code number. The numbers increase as the classifications get more specific. B. Some uses are listed separately, but fall within the same LBCS or NAICS classification. The uses within one such classification are not permitted in all of the zoning districts as the others simply because they fall within the same LBCS or NAICS classification. (4) Commercial uses designated with the superscript 1 ( 1 ) are permitted only as part of a site plan in which at least seventy-five percent (75%) of the gross floor area is reserved for uses listed in the Industrial and Manufacturing category. Page 21 of 372

22 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts Table 26-1 Use Matrix Key: P means permitted as of right. C means permitted as a conditional use. S means permitted as a special exception. A means permitted only as an accessory use. - means prohibited. Refer to Article X, Division 1 or the sources referred to under Land Use Code for specific definitions of uses. Land Use Code Zoning District Use LBCS Function LBCS Structure NAICS R-40 Rural Residence R-30 Suburban Residence R-18 Suburban Residence R-9 Suburban Residence R-A Urban Residence R-B Urban Residence R-C Urban Residence LB Local Business GB General Business D-1 Downtown D-3 Downtown HB Highway Business PI Park Industrial AI Airport Industrial GI General Industrial Accessory uses 1. Accessory uses as permitted in A A A A A A A A A A A A A A A 2. Fences, walls or other enclosures subject to Residential Uses A A A A A A A A A A A A A A A 3. Accessory Dwelling Units or Accessory S S S S S S S S S P P S S - S Apartments 4. Conservation subdivisions 1100 P P P P P P P Condominium (see 16-7) 6. Duplex (two-family dwelling) S P P Dwelling, Manufactured home, on an P P individually owned lot 8. Dwelling, Manufactured home park C C Dwelling, Modular home P P P P P P P Dwelling, room renting, no more than four roomers, no separate cooking facilities 11. Dwelling, room renting, no more than four roomers, separate cooking facilities 12. Elderly Housing, except as provided in #13, below (see 16-81(b)) 13. Elderly Housing, with residents in singlefamily detached housing only (see 16-81(b)) C P P P P P P P - - P P P P P P P P Elderly Housing, nursing care facilities P P P C C P P Multifamily Dwelling, 3 or more units (including but not limited to garden apartments, C P - - P P quadruplexes, triplexes, rowhouses, or townhouse) 16. Overnight camping trailers P Single room occupancy units C P - - P P Single-family detached dwelling P P P P P P P Accommodations and Group Living 19. Bed and breakfast inn C C C Boarding house/room Renting C - - P P P Business Residence/Residential Hotel P P P C C C 22. Halfway Houses (as defined in 16-91) C C C C C C C Page 22 of 372