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

23 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire 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 23. Dormitories for the students of colleges, C C C C C C C - C P - - C C - commercial schools, staff of hospitals 24. Hotel, Motel, and tourist court P P P C C C 25. Lodging house, including guest homes and tourist homes C - - P P P Orphanages, children's homes and similar uses C C C C C C C Commercial 27. Animal Hospitals, Veterinary services/animal 2418 Pet Services P C C P P - - P - - C 28. Auction sales, generally, excluding automobiles P P P P Automobile and truck rental P P P P C 1 C Bakeries, retail, including manufacturing of goods for sale on the premises only, not exceeding 10,000 sf 31. Bakeries, retail, including manufacturing of goods for sale on the premises only, more than 10,000 sf 32. Bank, credit union, savings institution, or other finance and insurance services (without drivethrough facilities) 33. Bank, credit union, savings institution, or other finance and insurance services (including drive-through facilities and stand alone ATMs) P P P P P P 1 P P P P C C P P P P P C 1 C C P - C P C 1 C Bar or Drinking establishment C P P P P C 1 C Barber shops/hair salons P P P P P C 1 C Bicycle (non motorized) Sales and/or Repair C P P P P C 1 C Books, Magazines, music, etc P P P P P C 1 C Bus, truck, or large vehicle sales P - - P C 1 C Business service centers, including blueprinting, printing, Photostatting and copying P P P P C 1 C 1 P 40. Cafeteria or limited service restaurant P P P P P C 1 C Cafeterias and snack bars to serve the employees of office building within which they are located P P P P P P 1 P 1 P 42. Camera and Photographic Supplies P P P P P C 1 C Candy or confectionary making, on premises and retail only P P P P P C 1 C Car Wash or Car Care Centers C - - P C 1 C 1 C 45. Car, boat or marine craft dealers (including auctions) P - - P C 1 C 1 - Page 23 of 372

24 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts 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 46. Carpet, rug and upholstery cleaning P P P P C 1 C 1 C 47. Clothing, Jewelry, Luggage, Shoes, etc P P P P P C 1 C Commercial Uses in Multifamily P P - - P P Developments 49. Computer and Software Sales C P P P P C 1 C Consignment Shops, Used Merchandise Store (not exceeding 1,000 sf) P P P P P C 1 C Consignment Shops, Used Merchandise Store (not otherwise listed) P P P P C 1 C Convenience stores at most 10,000 sf P P P P P C 1 C Convenience stores over 10,000 sf P P P C C 1 C Delicatessen P P P P P C 1 C Department stores (over 15,000 square feet) P P P P Department stores (under 15,000 square feet) P P P P C 1 C Other drive-in window or drive-through facilities accessory to (laundries and similar uses) uses permitted in zoning district. 58. Dry cleaning and laundry, at most 10,000 square feet C - - P - - C P P P P P C 1 C Dry cleaning and laundry, over 10,000 sf P - - C C 1 C Electrical supplies, sales enclosed within building 61. Electrical supplies, with outdoor storage C P P P P C 1 C P P P P C 1 C Engraving, including textile engraving C P P P P C 1 C Exterminators, no outside storage yard P C 1 C 1 P 64. Exterminators, with outside storage yard C C 1 C 1 C 65. Farm, landscape, and garden supply sales (feed, seed, fertilizer, farm hardware, lawn furniture, 2123 mulch, fencing, fountains, statuaries, and other P P P P C 1 C 1 P incidental sales of products or related items) 66. Farmers Markets and market shops, including open markets C C C P P P P Flea markets (indoors) P - - P Flea markets (out-of-doors) P - - P Flex Space (office and warehouse building) with no outside storage P P P P C C P 70. Florist P P P P P C 1 C Gas Stations / Service Stations C C C P C 1 C 1 C 72. Grocery stores and Supermarkets, at most P P P P P C 1 C 1 - Page 24 of 372

25 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire 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 10,000 sf 73. Grocery stores and Supermarkets, 10,000 sf and above P P P C Gun shops and Gunsmiths P P P P C 1 C Hardware, inside or outside storage C P P P P C 1 C Heating and Plumbing Equipment, inside storage 77. Heating and Plumbing Equipment, outside storage 78. Industrial equipment, plumbing supplies and other heavy consumer goods not otherwise listed, sales and service, with outdoor storage. 79. Industrial equipment, plumbing supplies and other heavy consumer goods not otherwise listed, sales and service, without outdoor storage. 80. Leasing, Commercial and Industrial Machinery and Equipment 81. Leasing/Rental of Trucks, Trailers, RV's, Boats, Motorcycle P P P P C 1 C P - - P C 1 C C C C P C C C P P - - P C C P P P P C 1 C Leasing/Rental Recreational Goods (Furniture, P P P P C 1 C 1 - Party Supplies, Sporting Goods) 83. Leasing/Rental, Car and Passenger Vehicle P P P P C 1 C Live-work units P P P P Locksmiths P P P P P C 1 C Lumber yard and building material sales with outside storage or in enclosed buildings, wholesale C C 1 C 1 P or retail 87. Mail order or direct selling establishments / Electronic Shopping and Mail-Order Houses P P P P P 1 P 1 P 88. Manufactured home, modular home, mobile home, or storage building sales P P P P C 1 C Medical equipment sales, rental or leasing P P P P C 1 C Mixed commercial and residential use where commercial use is primary on first floor, with dwellings occupancy second floors or above (no P P P P P unenclosed storage) 91. Mobile homes as offices C C 1 C 1 C Motorcycles, ATV's, retail sales and repair P P P P C 1 C Multi-Use Gas Stations / Convenience Stores C C C P C 1 C 1 C 94. Nail salons P P P P P C 1 C Nurseries and greenhouses, commercial C C C C P P P P P C 1 C 1 - Page 25 of 372

26 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts 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 96. Office building with drive-through facility 97. Office building, without drive-through facility 98. Office buildings over storefronts P - - P C 1 C C P P P P P C 1 C P P P P P C 1 C Packing, crating, and convention and trade show services including trading stamp redemption P P P P C 1 C Palmistry services, Fortune Tellers, Astrologers P P P P C 1 C Pawnshops and secondhand goods, retail sales P P P P C 1 C Personal Services, generally P P P P P C 1 C Pet store or pet supply store P P P P C 1 C Pharmacy or Drugstore with other retail sales greater than 10,000 sf P P P P Pharmacy or Drugstore with other retail sales under 10,000 sf P P P P P C 1 C Pharmacy or Drugstore, medicine or related medical product sales only, at least10,000 sf P P P P Pharmacy or Drugstore, medicine or related medical product sales only, under 10,000 sf P P P P P C 1 C Photograph Studios P P P P P Professional Services (Legal, Accounting, Architectural, Graphic, Consulting Services, C P P P P P C 1 C 1 - Research and Development, Advertising, etc.) Real Estate, Sales, Rental & Leasing C P P P P P C 1 C Rentals, Trailer P P P P Repair and Maintenance, Appliance C P P P P - - C 113. Restaurants, with drive-in or drive-through facilities P - C P Restaurants, without drive-in or drive-through facilities C P P P P C 1 C Retail outlets for products manufactured on premises, not exceeding the lesser of ten (10) percent of the gross floor area of the principal P P P P C C A structure or 3,000 square feet 116. Retail sales and service establishments, except where listed specifically elsewhere (see specific P P P P C 1 C 1 - Page 26 of 372

27 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire 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 uses or activities listed under LBCS Function codes and NAICS codes 44-45), based on building type described under "Shopping" or "Shopping Centers," below Rug cleaning P P P P Sales and service, manufactured home, mobile P - - P home, bus, truck, or similar large vehicles 119. Sales, boats/marine, recreational vehicle, P - - P C 1 C 1 - travel trailer, camper (including repair) Sales, Coal ( including storage) P - - P C 1 C Sales, Farm machinery P - - P C 1 C Sales, new and used aircraft, aircraft supplies, P - - P - P - and accessories 123. Sales, secondhand and swap shop sales P P P P C 1 C Sales, vending machines as principal use C C C C P C 1 C Services to buildings and dwellings (extermination, Janitorial, Landscaping, Carpet and Upholstery cleaning, Packing and crating, etc.), no outside storage Services to buildings and dwellings (extermination, Janitorial, Landscaping, Carpet and Upholstery cleaning, Packing and crating, etc.), with outside storage P P P P C 1 C P P P P C 1 C Shoe repair P P P P P C 1 C Shopping Center, less than 10,000 sf C P P P P C C Shopping Center, 10,000 to 25,000 sf P P P P Shopping Center/Superstore, 25, , sf P - P P Shopping Center/Superstores, over 100,000 sf P - - P Shopping, Home improvement center P P P P Snack bars, nonalcoholic beverage stores (no seating) P P P P C C 1 C Tailor or Dressmaking ( not including textile manufacturing) P P P P P C 1 C Tattoo Parlor/Tattoo Studio and/or Body Piercing P P P P Tire sales, enclosed entirely within building P P P P C 1 C Tobacco or Tobacconist P P P P C 1 C Upholstery and furniture refinishing P P P P C 1 C 1 P 139. Vehicle Parts, Accessories, Tire Sales, P P P P C 1 C 1 - Page 27 of 372

28 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts 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 enclosed building only 140. Vehicle repair and service C C C P C - C 141. Warehouse clubs P - - P Woodworking shops, cabinetmaking shops, or wood crafting services Industrial and Manufacturing 143. Automobile storage or towing (excluding wrecked and junked vehicles) P P P P P 1 P 1 P P P P 144. Baking plants C C C P P P 145. Bookbinding, tradebinding, and other binding of paper and printing materials P P P - P P P 146. Carpentry, floor, and tile contractor P P P 147. Concrete plants P 148. Contractors' offices/shop with outdoor storage areas C P P P 149. Contractors' offices/shop without outdoor storage areas C P P P 150. Dairy products processing, bottling and distribution on a wholesale basis C C C C 151. Dolls, Toys, Games, and musical instruments P P P 152. Electrical component assembly operations P P P 153. Electrical equipment, appliance and P P P components manufacturing 154. Excavation of earth (subject to RSA 155-4) C C C C C - C 155. Finished nonmetallic mineral products (brick, refractories, ceramics, glass, cement, etc.) P P P 156. Food and Beverage manufacturing P P P 157. Food manufacturing, Animal Slaughtering and C C C C Processing 158. Food processing, excluding poultry and animal P P P slaughtering and dressing Fuel oil distribution C C C 160. Industrial parks P P P 161. Jewelry and Silverware manufacturing P P P 162. Laboratories and other facilities for research and testing of products P P P 163. Laboratories: dental, medical and optical P - - P P P P 164. Landfill, Construction and Demolition Page 28 of 372

29 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire 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 165. Laundry or dry cleaning plant C C C P P P 166. Leather and Allied Products P P P 167. Lumber mills/timber mills/sawmills, planing mills, and wood product manufacturing, including accessory storage areas, established as a permanent use 168. Machine shop, welding shop (enclosed buildings) P P P P 169. Machinery and Equipment manufacturing P P P 170. Manufacturing, Chemical including refining or processing, excluding the manufacture, refining or processing of ammonia, asphalt, bleach, bluing, calcimine, chlorine, corrosive acid or alkali, dyes, fats, fertilizer, gutta percha, gypsum, lampblack, oils, oxygen, paints, plaster of Paris, potash, rubber, shellac, tar, turpentine, vinegar, yeast 171. Manufacturing, Chemical including refining or processing, including the manufacture, refining or processing of ammonia, asphalt, bleach, bluing, calcimine, chlorine, corrosive acid or alkali, dyes, fats, fertilizer, gutta percha, gypsum, lampblack, oils, oxygen, paints, plaster of Paris, potash, rubber, shellac, tar, turpentine, vinegar, yeast 172. Manufacturing, excluding other uses listed in this table , C C C C C 173. Meat packing and poultry processing C C C 174. Milling or canning of agricultural products, feed and flour mills P - P 175. Office Supply, inks, etc. manufacturing (except paper) P P P 176. Paper and Printing Materials manufacturing P - P 177. Petroleum, Asphalt & Coal Manufacturing P 178. Primary metal manufacturing (other than machinery, electronics, computers, or furniture) P P P 179. Recycling Centers P P P 180. Research and development offices P P P 181. Salvage Yards / Junk Yards, Recycling P Centers, Auto and Scrap processing 182. Sawmills or Planing Mills P 183. Sawmills or Planing Mills, established as a temporary use, accessory to construction or related activities P Page 29 of 372

30 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts 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 184. Scrap metal collection and processing, including collection of aluminum cans, including outdoor operations or enclosed buildings 185. Sign manufacturing, with indoor or outdoor storage 186. Tanneries, rendering plants and factories manufacturing glue as their primary product P P P P C 187. Textile Mills & Apparel Manufacturing P P P 188. Tire recapping (may include sales) P P P 189. Tobacco Manufacturing P P P 190. Transportation equipment, automobiles, aircraft, boat, railroad, etc P P P 191. Wood Products, (except furniture) P P P Warehousing and Storage Uses 192. Above ground storage of flammable liquids/tank farms/petroleum bulk stations and terminals, for bulk distribution, wholesale sales or purposes other than immediate retail sales, subject to compliance with all applicable state, federal and local statutes relating to fire and safety Self-storage facility Natural Gas Distribution, Flammable Liquid, Petroleum, Bulk Stations and Terminals and Above Ground Storage P P P P P P 195. Refrigerated warehouse or cold storage P P P P Storage of construction equipment, outdoor P - P 197. Storage of construction equipment, indoor 198. Storage of construction equipment, temporary, outdoor, incidental to construction activities 199. Warehouses, generally 3600 Arts, Recreation & Entertainment P P - P C C - P P P P P 200. Sexually oriented businesses C Amphitheater, outdoor stage, bandstand, or similar structure 202. Amphitheater, outdoor stage, bandstand, skating or ice rink, skateboard park, or similar structure, or performance theaters, accessory to a public park 203. Amusement or theme park establishment, carnivals, rides, and ferris wheels C C C C C P P P P - P A A A A A A A A A A A A A A A C C C C Page 30 of 372

31 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire 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 204. Aquarium or Planetarium 205. Community centers, meeting halls, community halls, reception halls, wedding halls, for assembly and recreation P P C C C - P P P P Drive-in theaters P Entertainment establishments, such as lounges, discos, nightclubs, private clubs, and music or dance establishments 208. Exhibition, convention, or conference structure 209. Public, private or non-profit fitness and recreational sports, gym, health spa, swimming pool/auditorium, racquet club or athletic club (not otherwise listed), or indoor recreational facility 210. Games of chance as defined in RSA 287-D and 287-E (Bingo & Lucky 7), but not including casinos 211. Golf courses, public and private (may include driving range as an accessory use) C P P P P P P P P P P C C C P P P P P P P P C P P P P C P P P P C C C Golf driving ranges P - - P P Golf, miniature P - - P P Historical association or society P P P P P P P P P P P P Movie Theater or Performance Theater P P P P C C Museums and art galleries P P P P P Nonprofit day camp or other nonprofit camp C C Park and playgrounds operated on a noncommercial basis P P P P P P P P P P P P P P P 219. Private clubs, including country clubs, athletic clubs, lodges, fraternal organizations, and swimming clubs on a noncommercial membership C C C P P P P P C - - basis 220. Race tracks, raceways and drag strips (motorized) Race tracks or raceways (non-motorized) C C C C 222. Recreation or amusement enterprises conducted inside or outside a building for profit, not P P P P otherwise listed 223. Recreation, indoor commercial (e.g., bowling alley, billiards, pool) P P P P Recreation, city outdoor P P P P P P P P P P P P P P P 225. Recreational vehicle parks/campgrounds P - P Skating Rink - Ice Or Roller Skating (indoor) P P P P C - - Page 31 of 372

32 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts 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 227. Sports stadiums, arenas, or coliseums P P P P P P P 228. Studios for artists, designers, musicians, C C C P P P P P P P P photographers, sculptors (not as home occupation) 229. Zoos C - C - - C 230. Botanical gardens, & arboreta C C C C C C C P P P P P P P P Education, Public Administration, Health Care, and Institutional 231. Ambulance service C C C C C C C P P P P P P P P 232. Cemeteries, public and private; may include mausoleum 4700 P P P P P P P P P P P P P P P 233. Churches, synagogues, parish houses, Sunday school buildings, convents and their customary uses 6600 including child care on the premises during worship 3500 P P P P P P P P P P P P P P P services 234. City equipment garage C C C C P P P P P P P 235. Clubs and lodges, private & non-profit, including social, fraternal, union and civic C C C P P P P P P - - organizations 236. Community food services C C C P P P P P C Correctional facilities C C C C Crematorium P P P 239. Day Care facility, Adult, with no medical C C C C C C C P P P P P C C C services 240. Day Care facility, Child (subject to 16-67), P P P P P P S S as the principal use of a building 241. Day Care, Family S S S S S S S S S S S S S - S 242. Fire or law enforcement services P P P P P P P P P P P P P P P 243. Funeral homes C C C C P P P Government offices or other governmental civic uses or facilities such as courts and city or town halls, not including city equipment garage C C C C C C C P P P P P P P P 245. Hospitals or sanitariums C C C C C C C C P P P P P - P 246. Libraries 4300 C C C C C C C P P P P P P P P 247. Medical and dental clinics or offices, ambulatory or outpatient care, family planning and care, and blood or organ banks C C P P P P P Post office P P P P P P P P P P P P P P P 249. Schools, continuance, alternative, adult, colleges and universities, and technical, trade, and other specialty schools 250. Schools, academic, nursery and preschool, C C C C C C C C P P P C P P C C C C C C C C P P P P P Page 32 of 372

33 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire 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 grade schools, elementary, middle, and high school 251. Schools, art, music, dance, dramatics, or other fine arts C C C C C C C P P P P P Schools, specialty including beauty, business management, computer training, driving education, flight training (not including airports, helipads, 6144 C C C C C C C C P P P P P P C heliports, or runways), and sports or recreation 6147 education 253. Social assistance, welfare and charitable services, that do not offer accommodations or C C P P P P P P C - - residential services, not otherwise listed Transportation, Communication, Information, and Utilities 254. Airfield, General Aviation; Airports, Heliports, and Support Establishments P Helipads C C C C C P C 256. Automobile towing with incidental storage, P excluding Salvage Yards & Junkyards 257. Bus passenger stations/terminals P P P P P P P P 258. Bus passenger shelters/bus stops P P P P P P P P P P P P P P P 259. Bus/Truck maintenance, including repair and storage incidental to repair P P 260. Bus/truck storage C P Freight terminals & truck terminals P P P 262. Parking lots, surface, underground or in 5210 structures, as a principal use C C P P P P P P P 263. Railroad freight yards, repair shops/sheds and marshalling yards P P P 264. Taxi and Limousine Service C C C C P P P Utility Uses and Structures 265. Communication antennas or telephone repeater stations (not including telecommunications 4234 P P P P P P P P P P P P P P P towers) 266. Compost Facility C - - C C - C 267. Environmental monitoring stations 6600 P P P P P P P P P P P P P P P 268. Gas or electric generation distribution facilities, compressor stations, or substations 269. Hazardous waste facility as defined in RSA 147-C:1 (subject to RSA Chapter 147-C) 270. Power generation plants , P P P P P P P P P P P P P P P C - C C C C C C C C C Page 33 of 372

34 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts 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 271. Public utility storage and service yards C C C C C C C C P P P P P P P 272. Radio and TV stations and studios with no P P P C C C C Transmitter Tower 273. Sanitary landfill S S S S S S S S P P P P P P P 274. Sewage treatment plant, pump stations, or lift stations 275. Solid waste facility (as defined in RSA 149- M:4) (subject to RSA Chapter 149-M) S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S 276. Telecommunication towers S S S S S S S S S S S S S S S 277. Utility lines (including electric lines, phone and cable lines, distribution circuits, gas and fuel lines, water lines, steam and air conditioning lines, irrigation channels, and sewer and waste water lines) 278. Water supply facilities including pump stations, dams, levees, culverts, water tanks, wells, treatment plants, reservoirs, and other irrigation facilities Agriculture 279. Agricultural uses including raising crops, orchards, forestry, and related uses other than livestock, unless otherwise listed in this matrix 280. Animal Production and Support Services P P P P P P P P P P P P P P P S S S S S S S S S S S S S S S P P P P P P P P P P P P P P P 8200 C Forestry, Commercial 9430 P P P Forestry, noncommercial, and growing of all P P P P P P P P P P P P P P P vegetation 283. Greenhouses, commercial C C C C P P P P P Hatcheries and poultry houses C - - P 285. Kennels, animal pounds and shelters C C C Livestock sales, and markets P - - P 287. Livestock, noncommercial raising and keeping of livestock, horses and poultry, the raising of swine or fur animals for commercial use P P C C Stable, Accessory to Dwelling P P C P Stable, Commercial, riding academy, or kennel in which all animals, fowl or other forms of life are completely enclosed in pens or other C C C structures 290. Support functions for agriculture including farm and farm labor management services; spraying, dusting, and other related services; and crop P P P P P P P P P P P P P P P harvesting and post harvest crop activities Page 34 of 372

35 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire 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 (including drying, siloing, etc.) 291. Temporary (not to exceed erection or use for a period of 6 months in any 1 year) greenhouses or stand for retail sale of agricultural or farm products raised primarily on the same premises Signs (See Article III, Division 9 of this Chapter) P P C P Temporary buildings incidental to development (See of this Chapter) Home occupations (See of this Chapter) 292. Major home occupation S S S S S S S P P P P P P - P 293. Minor home occupation P P P P P P P P P P P P P - P Page 35 of 372

36 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts Dimensional Regulations 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: Encourage infill development within, and work to revitalize existing commercial areas. Guide commercial and industrial development to the existing built areas of the City and minimize development in outlying, undeveloped areas. The dimensional regulations are found in Table 27-3 of this section. (a) Applicability (1) This Section establishes minimum and maximum standards for the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings pursuant to RSA 674:16. Developments subject to the Supplemental Use Regulation s (Article III, Division 5) may be governed by their respective Sections in this Chapter and, if so indicated in the specific supplemental use regulation, may be exempt from the dimensional and density regulations of this or Table (2) No land or building shall hereafter be used or occupied and no building or part thereof, shall hereafter be constructed, erected, altered or moved unless in conformity with all of the regulations herein specified for the zoning district in which it is or will be located. No building permit shall be issued unless the proposed building or structure conforms to the standards established in this section. Comment: for utility structures, see Article VIII. (b) Residential Density (Dimensional Matrix, Column (B)) (1) Density restrictions apply only to Conservation Subdivisions and to Dwelling Units other than Single-Family Detached Dwellings. No building, structure or land shall hereafter be used or occupied in excess of the prescribed density regulations, nor accommodate a greater number of dwelling units than prescribed for in the zoning district in which it is or will be located. (2) In computing density for large tracts or multi unit housing projects, the density limits established by the zoning district apply. Densities may exceed the maximum on part of a tract, if the overall density on the total project site does not exceed the limits established by the zoning district. Comment: For Single-Family Detached Dwellings not in Conservation Subdivisions, no maximum number of total permitted dwelling units is established because the total number of dwelling units is governed by minimum lot size. Conservation Subdivisions are not subject to minimum lot size, but total permitted dwelling units shall not exceed the density established as set forth in Table (3) No household other than a Family shall have a number of members exceeding the figure provided in Table 27-1 below entitled Occupancy Restrictions : Page 36 of 372

37 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire Table 27-1 Occupancy Restrictions Dwelling type Maximum number of occupants in unrelated household per 300 square feet of habitable floor area Single-family dwelling 1 Duplex or townhouse 1 Apartment, including Accessory Apartments 1.5 Bed and breakfast 3 Rooming/boarding, including accessory 2 rooming/boarding Dormitory 3 Fraternity or sorority 2 Nursing home 2 Elderly housing 1.5 (c) Minimum Lot Area (Dimensional Matrix, Column (C)) (1) Applicability The lot or yard areas required for any new building or use may not include any part of a lot required by any other building or use to comply with any provision of this article, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this article if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made. Lots shall not be so separated or transferred in ownership so as not to comply with this Article. No permit for development shall be issued for a lot that does not meet the minimum lot area requirements of Table 27-3 of this Chapter except for Nonconforming Lots of Record. (2) Nonconforming Lots of Record See Article III, (d) Floor Area Ratio / Intensity in Nonresidential Districts (Dimensional Matrix, Column (O)) Unless otherwise stated, all references to non-residential intensity shall be deemed to refer to Floor Area Ratio (FAR). FAR is computed as the ratio of gross floor area of all buildings and structures to the total lot area. (e) Setbacks (Dimensional Matrix, Columns (G) (K)) (1) Applicability and Rules of Interpretation Setbacks for buildings or structures are measured as the area between the furthest projection of a principal structure and the property line of the lot on which the structure is located, except as provided below. Where a yard abuts a street, the setback shall be measured from the abutting street right-of-way line. Commentary: typically, the side and rear setback is measured from the property line, while the front setback is measured from the right-of-way because the front yard adjoins the street. Page 37 of 372

38 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts (2) Development in Setbacks Setbacks shall be unobstructed from the ground to the sky except as specified in this Section. The following features may encroach into a required building setback: A. Any buttress, cornice or pier may extend beyond the setback not more than twelve (12) inches. B. Unenclosed steps not extending above the first floor level may extend up to three (3) feet to a side property line or up to a front property line. C. Retaining walls, regardless of necessary height, may extend up to eighteen (18 ) inches to a street line or service lane. D. A protective hood or overhang over a doorway may extend not more than three (3) feet into the required minimum yards. E. Balconies or bay windows, not to exceed three (3) feet into the required setback. F. Chimneys, not to exceed two (2) feet; G. Heating and cooling units, not to exceed (3) feet; H. Overhanging roof, eave, gutter, cornice, or other architectural features and awnings, not to exceed 2 feet; I. Unenclosed decks, terraces, stoops or porches, provided that: (1) such structures shall not exceed four (4) feet in height, and (2) such structures shall not be located closer than five (5) feet to any property line. J. Fences or shrubs. K. Steps or stoops over four (4) feet in height, windowsills, chimneys, roof eaves, structural overhangs or projections enclosing habitable living space, or similar architectural features may project not more than two (2) feet. L. Projecting overhangs on the ground floor not listed above may extend: (1) up to thirty (30) inches beyond the front setback, and (2) beyond the side setback up to twenty percent (20%) of the side yard. M. Fire escapes, fire towers, storm enclosures, or handicap ramps where required by the building code. N. Any accessory building or use customarily incidental to the permitted Principal Use or building as allowed in accordance with Article III, Division 5, 16-60, Accessory Uses and Structures. Whenever more than one principal building is to be located on a lot, the required yards shall be maintained around the group of buildings. Buildings shall be separated by any distance prescribed by the fire code (See Chapter 8 of the City Code). Page 38 of 372

39 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire (3) Special Exceptions for Minor Encroachments Purpose: this subsection provides a streamlined review process for applicants proposing minor encroachments into required setback areas. The purpose is to reconcile the legitimate objectives of homeowners requesting minor expansions of existing dwellings, with the objectives of surrounding neighborhoods to protect their character, appearance, and safety. Accordingly, this subsection provides an inexpensive, streamlined review process, while allowing concerned neighbors to comment where the expansion will have a measurable impact. For purposes of this subsection, the extension of a building, structure, or paved surface not exempted by subsection (2), above, into a setback by a distance not exceeding the amounts prescribed in Table 27-2 shall be considered a minor encroachment and may be approved as a special exception (see ) by the Zoning Board of Adjustment (ZBA) on a consent agenda. Nothing in this section shall be construed in such a manner as to eliminate the applicant s burden of proving that the encroachment meets the criteria for approval of a special exception. The application for a special exception considered on the ZBA s consent agenda shall include a monumented survey. If the applicant chooses not to submit a monumented survey, the case shall be considered as part of the ZBA s normal hearing process. The application, including a monumented survey, shall be considered part of the evidence in the proceeding unless it is excluded by the ZBA following an objection stated on the record. This subsection does not apply to an application for subdivision plan approval. Table 27-2 Minor Encroachments Zoning District Front Yard Encroachment (feet) Side Yard Encroachment (feet) Rear Yard Encroachment (feet) R R R R R-A R-B R-C (f) Front Setbacks (1) Adjustment for infill lots The Administrative Officer may approve the reduction of a District s setback requirement for the development of infill lots, where it can be shown that the proposed setback is consistent with the average setback that exists in the neighborhood. The applicant shall provide to the Administrative Officer a map showing the adjoining lots within 200 feet of the subject lot, noting what the existing setbacks are on those properties. (2) Buildings facing away from street Where a principal use building or structure is oriented to face away from the street on which it fronts, said building or structure shall conform to the required front yard setback for the district in which it is located. Any accessory use(s) prohibited from required front yards within such districts are prohibited within the required front yard setback from a principal use building or structure facing away from the street. Page 39 of 372

40 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts (3) Front setbacks Where a frontage is divided among districts with different front yard requirements, the deepest front yard applies to the entire frontage. However, the front setback may be adjusted as provided in subsection (1), above (4) Development in front yard No structure other than a driveway, sign, fence, gate, sidewalk, berm or other landscape feature shall be erected or permitted to be located in a required front yard area. (g) Side Setbacks Side setbacks shall be measured from the side property line. (See special rules for corner lots in subsection (j), below.) (h) Rear Setbacks Rear setbacks shall be measured from the rear property line. (i) Height Of Buildings and/or Structures (1) Height shall be measured as provided in Chapter 5 of the International Building Code. (2) The height limitations of this Chapter shall not apply to any of the following structures not intended for human occupancy: antennas beacons belfries chimney flues chimneys clock towers cupolas domes electrical, mechanical, or elevator monuments parapet walls as needed to screen equipment radio aerials smokestacks spires steeples structures for essential services television antennae (subject to 16-69) transmission towers (subject to 16-69) windmills Height limits shall not apply to any bulkhead, elevator, water tank, or to any similar structure or necessary mechanical appurtenance extending above the roof of any building if such structure does not occupy more than thirty-three percent (33%) of the area of the roof. (3) In Park Industrial (PI), Transit Oriented Development (TOD) and Highway Business (HB) zones the maximum height permitted is increased to one-hundred and twenty (120) feet and the maximum number of stories permitted is increased to eight (8), where the building is at least four hundred (400) feet from the nearest R-B or R-C zone, and at least one thousand (1,000) feet from the nearest R-A, R-9, R-18, R-30, or R-40 zone. (j) Corner Lots or Through Lots Corner lots and through lots shall be considered to have a front yard bordering on each street line, and a side yard opposite each front yard. Where a lot fronts on two (2) non-intersecting streets, or two (2) intersecting streets forming an angle of sixty (60) degrees or less, front yards shall be provided on both streets. Page 40 of 372

41 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire (k) Sight Triangle (1) For purposes of this subsection, Sight Triangle Area means the portion of a corner lot lying within a triangle area formed by measuring from the vertex of that portion of the property line adjacent to the intersecting street, to a point on each property line running from the vertex equal to twenty (20) feet in residential zoning districts and five (5) feet in nonresidential zoning districts, and then connecting the two points thus established with a third line. (2) No planting, wall, fence, sign, or other obstruction to motorists' vision shall be planted, erected or maintained higher than the following distance above the adjoining street grade within a Sight Triangle Area: A. Curbed streets: one (1) foot B. Uncurbed streets: one and one-half (1 ½) feet (l) Cul-de-Sac Lots In the case of lots which have the entire frontage on the bulb of a cul-de-sac, the minimum frontage may be reduced to fifty (50) feet, provided that the required minimum frontage dimension for the applicable district is observed as the minimum lot width at the required front yard setback. (m) Open Space Percentage Open space means the space on a lot unoccupied by buildings, unobstructed to the sky by manmade objects, not devoted to streets, driveways, off-street parking or loading spaces. The open space percentage (Column (N) of Table 27-3, below) refers to the minimum open space area expressed as a percentage of total lot area. Page 41 of 372

42 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts Table 27-3 Dimensional Matrix (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) (M) (N) (O) District Maximum Density Minimum lot area (2) Minimum lot width Minimum frontage Minimum lot depth Minimum Front Setback (1) Maximum Front Setback (1) Minimum Side Setback (1) Maximum Side Setback (1) Minimum Rear Setback (1) Maximum height Maximum stories Open Space Percentage Maximum floor area ratio R , / R , / R , / R-9 4 9, / R-A 6 7, / R-B 7 6, R-C , LB / GB , D D HB , PI -- 30, GI -- 5, AI -- 40, Rules of Interpretation for Table 27-3: (1) See for wetland buffer requirements. The wetlands buffer requirements and the requirements of an overlay district supersede the requirements of this Table to the extent that they are inconsistent. (2) See for minimum lot size required where individual septic systems are used. (3) The standards established in this table do not apply to utility or conservation lots (see (b)). (4) No more than fifty (50) percent of the open space required by the underlying zone shall be classifiable as wetlands under the provisions of this article. (5) No part of a wetland may be counted in minimum lot area requirements. Page 42 of 372

43 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire Residential Districts (R-40, R-30, R-18, R-9, R-A, R-B, R-C) Purpose: these districts implement the following Master Plan recommendations: Protect the character of existing neighborhoods through zoning regulation and enforcement. (a) No application for development approval in the R-40, R-30, R-18, R-9, R-A, R-B, R-C zoning districts shall be approved unless the proposed use and/or development conforms to the requirements of this Article and a building permit is issued in accordance with Article IV. If subdivision and site plan approval are required the proposed development shall comply with the requirements of Articles V through XVI. (b) Only one (1) principal structure shall be permitted on a lot, except where otherwise provided by this Chapter. (c) All proposed uses shall comply with the Parking Standards (Article V, Division 8) and Sign Regulations (Article III, Division 9) regardless of whether a site plan is required Commercial Districts (LB, GB, HB) (a) Specific LB District Criteria (1) The following criteria shall be used (in addition to the general rezoning guidelines in ) in consideration of the placement of this district and the type and arrangement of uses within it. A. Refuse enclosures within an LB District shall be located at the rear of the site and screened with a wall and gate. (b) Specific GB, HB, District Criteria The following standards apply to the GB and HB zoning districts: (1) The following criteria shall be used (in addition to the general rezoning guidelines in ) in consideration of the placement of this district and the type and arrangement of uses within it: A. The district and its uses shall continue the orderly development and concentration of business and commercial uses; and B. Pedestrian and vehicular conflicts shall be minimized by an existing system of sidewalks and other pedestrian amenities which provide connectivity to surrounding neighborhoods, while providing adequate separation and channeling of pedestrian and vehicular movements; and C. GB and HB districts shall be located along arterials and arterial/arterial or arterial/collector intersections. (2) Outdoor display, storage and sales of merchandise is authorized subject to and Page 43 of 372

44 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts Industrial Districts (PI, AI, GI) Purpose: this section implements the following Master Plan recommendations Provide a reasonable amount of space for heavy industrial uses, provided they are environmentally sound and do not detract from neighboring land uses. Provide adequate zoning for industrial park-type development. Discourage or prohibit noxious industries that create the potential for serious health or safety hazards. Encourage attractive, landscaped, and sensitively sited industrial development that is compatible with surrounding land uses. (a) Specific PI and AI District Criteria The following standards apply to the PI and AI zoning districts: (1) Location Criteria The following criteria shall be used (in addition to the general rezoning guidelines in ) in consideration of the placement of this district and the type and arrangement of uses within it: See 16-26(d)(4). A. The district and its uses shall continue the orderly development and concentration of industrial and manufacturing uses; and B. The land area shall be sufficient to maintain compatibility with surrounding uses; and C. All lots within a PI district shall have direct access to arterial and/or collector streets. (2) Commercial Uses Comment: In 16-26, 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. (3) Additional Site and Building Design Criteria A. In addition to the Dimensional Standards of 16-27, no buildings or other structures, including parking lots, shall be erected closer than thirty (30) feet to any property line abutting any area developed or zoned as a Residential Zoning District. B. All loading shall be from the rear or side of the building, but not facing a public street. C. Sidewalks consistent with the Street Improvement Standards shall link all principal buildings, or shall link the principal building or buildings to offsite destinations including retail, shopping, or services (including day care, dry cleaners or grocery stores). D. All noises, vibrations, emissions of smoke, dust, or gases shall be controlled so as not to be detrimental or cause a nuisance to nearby residential or commercial areas in conformance with the Industrial Performance Standards of this Chapter. Page 44 of 372

45 Article III, Zoning Division 2, Base Districts Land Use Code City Of Nashua, New Hampshire E. Applicants are encouraged to provide the following site plan elements in order to create an office complex ambiance and appearance to the industrial development: (i) (ii) (iii) (iv) (v) Loading courts which are not visible from any public street. Screening of these areas shall be provided by the principal building, and Entry courts and pedestrian plazas, and Unique landscape features such as berming, fountains, and sculpture gardens, particularly adjacent to the arterial street, and Covered or decked parking structures which appear as an integrated part of the industrial building, and Parking areas located to the rear of the Principal Buildings or Structures. (b) Specific GI District Criteria The following standards apply to the GI zoning district: (1) Location Criteria The following criteria shall be used (in addition to the general rezoning criteria established in ) in consideration of the placement of this district and the type and arrangement of uses within it: A. The district and its uses shall continue the orderly development and concentration of industrial and manufacturing uses; and B. The land area shall be sufficient to maintain compatibility with surrounding uses; and C. GI districts shall have direct access to arterials and/or major collector streets. GI districts shall not have direct access to a Local Street. Secondary or emergency access may be from a local street. (2) Additional Site and Building Design Criteria A. All driveways, parking areas, and pedestrian ways shall be surfaced with an all weather surface. Curbing shall be provided where required by the Street Design and Transportation Standards (Article V, Division 10). B. All delivery and freight handling areas shall be screened from view so as not to be visible from the boundary of any property not zoned GI or from the public right-of-way. Page 45 of 372

46 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts Downtown Districts ( D-1 and D-3 ) Purpose: The Downtown Districts are established: To promote the goals, objectives and strategies adopted as part of the city's master plan, and the Downtown Master Plan. To protect the value and efficiency of operation of surrounding properties. To maintain unique aesthetic, architectural and visual amenities of individual buildings or cluster of buildings. To enable in-fill development to occur in a manner that is compatible with the surrounding site environment and neighborhood. To ensure that private development and rehabilitation are compatible and coordinated with public investment and improvements. To support new construction and adaptive reuse of buildings through appropriate engineering, architectural and design solutions. To guide the orderly and timely transition from one land use to another within areas subject to building obsolescence, changes in technology, environmental conditions and adjoining development patterns and influences. To insure that redevelopment occurring in close proximity to the Nashua and/or Merrimack Rivers will conserve and incorporate natural features and enable both visual and physical riverfront access. To promote development opportunities that will eliminate blight and disinvestment. To introduce uses that will have positive long term social and economic impacts. To establish a complimentary and integrated working, shopping and living environment. This section implements the following Master Plan recommendations: Develop unified façade and signage standards for commercial buildings in the downtown. Guide commercial and industrial development to the existing built areas of the City and minimize development in outlying, undeveloped areas. Encourage and support businesses that reduce employee and product-related vehicle trips. In accordance with the Downtown Master Plan, this section establishes) two (2) downtown districts. D- 1 is the traditional downtown core. It permits more intensive development coupled with pedestrianfriendly design standards. D-3 is a predominantly commercial area, with a more human scale and pedestrian-friendly design standards. The illustrations throughout this section serve as a guide and are not regulatory. (a) Generally (1) Applicability This subsection (a) applies to any lot or parcel within a D-1, or D-3 district. Any site plan or building permit application submitted for a lot in or partly in a D-1, or D-3 district that involves the addition or enlargement of structures or any amendment to an approved site plan is subject to this section. This subsection applies whether the use is listed in the Use Matrix, or is allowed by variance, special exception, conditional use permit or other similar permission, or is a prior non-conforming use. Page 46 of 372

47 Land Use Code City Of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts (2) Standards Applicable to D-1 and D-3 Districts A. Permitted uses for each district are established in the Use Matrix, ( 16-26). B. Setbacks and other dimensional regulations are governed by the Dimensional Matrix ( 16-27). C. Hard surfaced exterior wall materials are required. This can include brick, wood, brownstone, limestone, concrete masonry units (CMUs), parged block, painted brick, stone, terra cotta, stucco, EIFS, or plaster. Vinyl, plastic, metal, structural or unfinished concrete, painted concrete blocks, and tinted or reflective glass are not permitted as the primary exterior façade surface. However, vinyl, wood, plastic or glass block may be used as accent elements surrounding a doorway or window. (3) Procedures and Alternative Standards In order to provide flexibility while maintaining the character of built environment in the downtown area, this section provides several alternatives for development approval, as follows: A. The applicant may conform to the standards established in this section for each district (see subsection (b) for D-1, or subsection (c) for D-3). If the application does not request a conditional use (see 16-26), the applicant may proceed directly to building permit or certificate of occupancy approval without filing a site plan; or B. As an alternative, the applicant may request an alternative standard. If the applicant chooses this alternative, the applicant must file a site plan with the Planning Board. The format for the site plan is prescribed in Article X, Division 2, B-35. The procedures and standards for this alternative shall be as established in 16-36(d) through 16-36(f) for the Mixed Use Overlay District. As part of the site plan approval, the Planning Board may modify any of the dimensional standards or design standards; or C. An applicant may continue to elect to seek variances from the Zoning Board of Adjustment. Page 47 of 372

48 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts (b) Downtown 1 ( D-1 ) Purpose: the D-1 Downtown District is established: To promote the goals, objectives and strategies adopted as part of the city's Downtown Master Plan along Main Street between Nashua River and Hollis Street. To preserve and build upon Walking Main Street and its walkable, vibrant, and safe character. To foster the mix of retail, offices, and restaurants; working towards the goal of the 24-hour city. (1) Building Height A minimum height of two (2) stories shall be required for all new structures (not including additions) even if the building contains only one functional story. The maximum height permitted in the district is six (6) stories or ninety (90) feet, excluding those features excluded from height limits by (2) Building Design A. Buildings shall be oriented to the street. A building is oriented to the street where all of the following apply: 1. A principal entrance to a building faces a street, or is open to a square or plaza. All street level uses with sidewalk frontage shall be furnished with an individual entrance and direct access to the sidewalk in addition to any other access that may be provided. 2. Off-street parking does not lie between the building s principal entrance and the street. 3. Pedestrian access from the public sidewalk, street right-of-way or driveway to the principal structure is provided through a hard surface. B. The front façade of commercial buildings shall be aligned with the finished grade of the street except as otherwise provided herein. Page 48 of 372

49 Land Use Code City Of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts C. The principal entry for a residential, Civic Use or a Civic Building may include a stoop, portico, colonnade, or a portal. (3) Building Fenestration Storefronts and Other Uses A. This subsection applies to storefronts and any use except to the conversion of a residential building to a commercial use. B. Facades facing or visible from a public street shall include at least four (4) of the following elements: 1. A pediment. 2. A cornice adjoining the top of the roof or top of the facade. 3. Windows in each story above the ground level. Individual window openings shall not exceed four (4) feet horizontally and eight (8) feet vertically. Circular, semicircular and octagonal windows are permitted. 4. Architectural treatment to articulate the middle of any two-story building, or the first and second floors of a building exceeding two stories, including molding, a canopy, a transom, or similar elements. 5. A recessed entryway consistent with the requirements of subsection E below. C. Between sixty percent (60%) to ninety percent (90%) of the length, and at least fifty percent (50%) of the surface, of the first floor street frontage shall be in transparent public entrances or windows (including retail display windows). Between ten percent (10%) to fifty percent (50%) of the surface of the front façade for each floor above the first floor street frontage shall be in transparent windows. At least one (1) public entrance, such as a doorway, shall be accessible from the sidewalk. No windows or openings of storefronts shall utilize a mirrored reflective film. Films allowing light to pass through, but blocking ultraviolet light are permitted. The intent is that interior displays will be visible from the right-of-way. D. Building frontages that face public streets and exceed a width of twenty (20) feet must include vertical piers or other vertical visual elements to break the plane of the building frontage. Such vertical piers or vertical elements must be spaced at intervals of fifteen (15) feet to thirty-five (35) feet along the entire building frontage. Vertical visual elements may include entryways, windows, columns, colonnades, or other form of modular fenestration. E. Doors may be recessed into the face of the building to provide a sense of entry and to add variety to the streetscape. The ground surface of an entryway shall not be less than fifteen (15) square feet. Door openings shall not exceed six (6) feet horizontally, and ten (10) feet vertically. Overhead doors for loading docks, delivery and distribution shall be permitted only on the rear of the building. F. Roofs shall not mask or obscure the architectural features of the front façade such as pediments or cornices. Page 49 of 372

50 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts (4) Canopies, Arcades and Awnings Canopies, arcades, awnings, and similar appurtenances may be constructed over the entrance to any building, and/or over windows subject to the following criteria. Canopies, awnings and similar appurtenances are encouraged at the entrances to buildings and in open space areas. Such features may be constructed of rigid or flexible material designed to complement the streetscape of the area. Such features shall not obscure the upper stories or a sign panel located above the first floor. Any such facility may extend from the building to within two (2) feet of the back of the curb. Vertical supports for such features are not allowed in the public right-of-way. No canopy shall extend into the public right-of-way unless any encroachment permit or agreement required by the City and State has been approved and issued. (5) Access Standards Driveways with ingress and egress onto alleys are preferred. No new driveways are permitted on a collector or arterial street, except as provided for parking entrances. (6) Landscaping Requirements See Article V, Division 7. (7) Lighting Lighting is not subject to Article III, Division 8 (Lighting). Lighting shall be installed above front entrances to buildings located in the D-1 District. All lighting shall be directed on-site or onto adjacent walkways and shall be shielded from direct off-site viewing. (8) Off-Street Parking Requirements A. Parking Ratios. No minimum number of off-street parking spaces is required. B. Location. No off-street parking (whether it is a Principal or an Accessory Use) is permitted between a Principal Structure and the Street. Surface parking areas shall not adjoin a street, but may adjoin an alley. Surface Parking shall be located to the rear of buildings. C. Entrances. One opening or entrance to a parking area is permitted per block face adjoining a public street. There is no limit on the number of opening or access points for that portion of lots or parcels adjoining an alley. The opening or entrance shall not exceed thirty-six (36) feet in width. No opening that requires an access from the public right-of-way that reduces on-street parking is permitted except for parking areas that are reserved for use by the general public. D. Loading Docks. Loading/unloading docks or designated loading areas shall be located only in the rear or side yard. E. Surface. Parking areas shall have a paved surface or a hard surface. Ground surface areas not covered with a paved surface or a hard surface shall be restricted from parking by signage and curbing, fencing, or other physical barriers. (9) Utilities and Trash Receptacles See (Screening of Service or Storage Areas). In addition: Page 50 of 372

51 Land Use Code City Of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts A. All new transformer vaults, utility structures, air vents, backflow preventers, or any other similar devices, except these facilities when located below grade, must be located behind the front setback or the front façade, whichever is furthest from the front property line. B. All roof-mounted equipment, including satellite dishes and other communication equipment, shall be screened so as not to be visible from any public right-of-way by a parapet or similar structure that is similar to the architectural style of exterior elevation of the principal building. (c) Downtown District (D-3) Purpose: the D-3 Downtown District is established: To promote the goals, objectives and strategies adopted as part of the City's Downtown Master Plan along Main Street between Otterson Street and Salmon Brook. To concentrate Downtown s retail growth potential in a second retail node along Main Street South. To create mixed-use buildings with mandatory, traditional storefronts oriented toward Main Street with retail uses at the ground floor. To support existing and proposed infrastructure investments such as broad sidewalks, street trees, and on-street parking with awnings, and active storefronts to create a vibrant pedestrian-oriented retail node. Source: Urban Design Associates 10 minimum rear setback 0-10 front setback 0-10 side setback subject to mid-block pedestrian walkways Maximum height 60 4 stories Source: Urban Design Associates (1) Permitted uses. Dwelling units are permitted above the first floor of any building with commercial and/or retail uses on the first floor. Page 51 of 372

52 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 3, Overlay Districts (2) General Standards and Building Form Buildings, lots and parcels shall conform to the standards established subsection (b) 2 through 9, above. (3) Circulation A. Sidewalks shall be provided by the individual developers and property owners. All sidewalks shall connect to the existing/proposed sidewalks, parking areas, buildings, and public spaces. Public sidewalks shall be a minimum of six (6) feet wide. The applicant may grant an easement to the City for the sidewalk and a planting area between the sidewalk and the paved section of the street. B. Pedestrian walkways shall be provided mid-blocks and between properties, connecting the sidewalks in front of the building with the parking behind the building. Walkways can be either interior to a building or exterior. Lighting shall be provided for pedestrian safety. Amenities such as seating and planters should be provided in or at the entrance to alleys to encourage pedestrian circulation. The walkways shall be a minimum of four (4) feet wide. The maximum side setback is waived to the extent needed to accommodate a pedestrian walkway. Buildings must be located on the street, with multiple entries to multiple storefronts (Source: Urban Design Associates) A front easement is required to crate a broad sidewalk. The rear easement is required to provide access to parking and a clear circulation system. (Source: Urban Design Associates) Each block should have a mid-block pedestrian connection. The path can be either interior to the building or an exterior foot path to access parking behind stores. (Source: Urban Design Associates) Page 52 of 372

53 Article III, Zoning Division 3, Overlay Districts Land Use Code City Of Nashua, New Hampshire Division 3. Overlay Districts Airport Overlay Zone Purpose and findings: The increasing aircraft activity that is occurring at the Boire Field Municipal Airport has created the need for special zoning restrictions for uses subject to the most recently adopted Part 150 Noise Compatibility Plan prepared by the Boire Field Airport Authority. To avoid land use conflicts with uses which may be incompatible with noise levels generated at the Boire Field Airport, the regulations of the Noise Overlay District provide for the exclusion of certain land uses, and for soundproofing to be required in the construction of other uses which may be compatible if mitigating action is taken to reduce noise interference with the use. (a) Applicability (1) In addition to the limitations and requirements set forth in the other divisions of this article for various zoning districts within the city, any use, structure or object of natural growth situated within the limits of airport approach zones and other restricted areas shall be further governed by the limitations of this Section. (2) All other divisions of this article, including those relating to permits, nonconforming uses and variances, shall, where applicable, apply to the persons and subject matter governed by this division. (3) Prior to filing an application for development approval within the Airport Approach Zone, the applicant shall submit a Federal Aviation Administration (FAA) Form to the FAA, and shall submit the comments of the FAA as part of the application for approval. (b) Establishment of airport approach plans Any publicly owned airport or privately owned airport licensed for commercial operations, existing or which may be developed, shall have an airport approach plan prepared by the New Hampshire Aeronautics Commission in accordance with RSA 424 as last amended. The airport approach plan for the Boire Field, adopted by the New Hampshire Aeronautics Commission February 12, 1968, is hereby declared to be part of this section. (c) Boire Field airport approach plan (1) This airport approach plan, prepared under the authority of RSA 424:3, is based upon the ultimate development of a general aviation type airport with a runway 14/32 5,550 feet and a primary surface 5,900 feet by 1,000 feet. (2) Federal Aviation Regulations, Part 77, effective May 1, 1965, establishes the standards used to determine the limit of height of obstructions in the vicinity of the airport. (3) The limit of height of obstructions shall be: A. In the approach zone to Runway 32 (SE end), which is 500 feet wide at a point 200 feet from the end of the runway and 2,500 feet wide at a point 10,200 feet from the end of the runway, an inclined plane of 40:1 slope. Page 53 of 372

54 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 3, Overlay Districts B. In the approach zone to Runway 14 (NW end), which is 1,000 feet wide at a point 200 feet from the end of the runway and 7,000 feet wide at a point 10,200 feet from the end of the runway, an inclined plane of 50:1 slope, widening thereafter to 16,000 feet at a point 50,200 feet from the end of the runway, an inclined plane of 40:1 slope. C. On the sides of the primary and approach surfaces, an inclined plane of 7:1 slope from the edges of those surfaces. This subsection does not limit the height of a structure or tree to less than thirty (30) feet above the ground upon which it is located. D. Within 7,000 feet of the airport reference point 150 feet above the airport, 349 feet above sea level; E. Between 7,000 feet and 12,000 feet from the airport reference point, a conical surface with a slope of 20:1 measured in a vertical plane passing through the center of the airport. (4) The airport reference point is located on the center line of the runway, 2,750 feet from the southeast end of the runway, and the airport elevation is 199 feet above mean sea level (USGS Datum). (5) Noise compatibility zones for the affected areas in the vicinity of the Boire Field Airport are hereby established based on the Ldn contours for aircraft noise as defined by the most recently approved Federal Aviation Regulation Part 150 Noise Compatibility Program for the Boire Field Airport. A generalized map of the approximate location of these zones is illustrated in the Noise Exposure Map. The boundaries of the Noise Overlay Zones are shown in the Part 150 Boire Field Airport Noise Compatibility Program. (d) Height limits No structure or tree shall be erected, altered or allowed to grow within an airport approach zone and adjacent area above a height of thirty (30) feet above the ground on which it is located unless the inclined plane is more than thirty (30) feet above the ground, in which case a structure or tree may be erected, altered or allowed to grow up to the level of the plane or the height limitation of 16-27, whichever is less. (e) Permitted Uses (1) Notwithstanding any other provisions of this division no use may be made of land within the airport hazard area in such manner as to: A. Create electrical or visual interference with any electronic facility or instrumentation, wherever located within the airport hazard area, including but not limited to, radio transmitters and receivers, radar installations, landing and navigational aids and weather instruments where such facilities are used in connection with the landing, taking off and maneuvering of aircraft; B. Make it difficult for flyers to distinguish between airport lights and others; C. Result in glare in the eyes of flyers using the airport; D. Impair visibility in the vicinity of the airport; E. Cause physical objects of any nature to penetrate, however briefly, the air space above the imaginary surfaces established in this article, such objects including, but not limited to kites, balloons, projectiles, rockets, model aircraft, derricks Page 54 of 372

55 Article III, Zoning Division 3, Overlay Districts Land Use Code City Of Nashua, New Hampshire and cranes, unless a special temporary permit be obtained from the authorities in charge of the affected airport; F. Establish or alter privately owned flying fields, strips or heliports, unless found not to be objectionable after a special aeronautical study by federal aviation authorities; G. Create bird strike hazards; H. Otherwise endanger the landing, taking off, or maneuvering of aircraft. (2) Uses prohibited in the noise overlay zones shall be as specified in the Table of Land Use Compatibility Standards. Soundproofing shall be required for certain land uses in each of the noise overlay zones as shown in the Table of Land Use Compatibility Standards (Table 32-1, below). Where soundproofing is required, no building permits shall be issued until the applicant has demonstrated that the building design is capable of achieving the Noise Level Reduction required in the Table of Land Use Compatibility Standards. Table 32-1 Table of Land Use Compatibility Standards Yearly Day/Night Average Sound Level (Ldn) in Decibels Land Use Below Over 85 Schools (any category) Y N(1) N(1) N N N Hospitals (any category) Y N N N Churches, exhibition, convention or conference structures; Y N N N performance theaters; or theaters Governmental offices Y Y N N Transportation, communication, information and utilities Y Y Y(2) Y(3) Y(4) Y(4) (generally) Parking lots Y Y Y(2) Y(3) Y(4) N Office buildings Y Y N N Warehousing and storage uses Y Y Y(2) Y(3) Y(4) N Retail (general sales or service) uses Y Y N N Utility uses and structures Y Y Y(2) Y(3) Y(4) N Communication antennas, radio/television stations, Y Y N N telecommunication towers, telephone repeater stations Industrial and manufacturing uses, general Y Y Y(2) Y(3) Y(4) N Agriculture (except livestock) Y Y(6) Y(7) Y(8) Y(8) Y(8) Excavation of sand, gravel and clay Y Y Y Y Y Y Sports stadiums, arenas, coliseums, or assembly halls Y Y(5) Y(5) N N N Amphitheaters, outdoor stages, band stands Y N N N N N Golf courses Y Y N N Source: 14 C.F.R. Part 150, Article X, Division 1 Key to Table 32-1: Numbers in parentheses refer to notes. Y (Yes) means Land Use and related structures compatible without restrictions. N (No) means Land Use and related structures are not compatible and should be prohibited. NLR means Noise Level Reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of the structure. 25, 30, or 35 means that the land use and related structures generally compatible; measures to achieve NLR of 25, 30, or 35 db must be incorporated into design and construction of structure. Page 55 of 372

56 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 3, Overlay Districts Notes to Table 32-1: (1) Where school uses are permitted by a use variance, measures to achieve outdoor to indoor Noise Level Reduction (NLR) of at least 25 db and 30 db should be incorporated into buildings. Normal residential construction can be expected to provide a NLR of 20 db, thus, the reduction requirements are often stated as 5, 10 or 15 db over standard construction and normally assume mechanical ventilation and closed windows year round. However, the use of NLR criteria will not eliminate outdoor noise problems. (2) Measures to achieve NLR 25 db must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low. (3) Measures to achieve NLR of 30 db must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low. (4) Measures to achieve NLR 35 db must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal level is low. (5) Land use compatible provided special sound reinforcement systems are installed. (6) Residential buildings require an NLR of 25. (7) Residential buildings require an NLR of 30. (8) Residential buildings not permitted. (f) Signs Within the fenced perimeter of Boire Field, a sign permit (see ) for any proposed sign advertising a business or service located thereon may be issued by the Airport Manager or his designee, subject to review by the Nashua Airport Authority and in compliance with the requirements set forth below: (1) No sign may be directed at or oriented to any street that serves the airport with the intent that the sign not be visible to or readable from said street, except as provided in the Boire Field Sign Standards booklet. (2) The Administrative Officer shall assist the airport manager in the preparation and updating of the Boire Field Sign Standards booklet. In no event shall sign size exceed the maximum permitted in the PI zoning district (see Article III, Division 9 of this Chapter). (3) The Airport Manager shall consult with the Administrative Officer as necessary concerning compliance with these requirements. (4) The Administrative Officer may cause any sign to be removed that does not comply with these requirements, or as otherwise specified in the PI zoning district (see Article III, Division 8 of this Chapter). Appeals concerning the removal of any sign shall be as set forth in (g) Variances In granting a variance from this division, the Zoning Board of Adjustment may, if such action is deemed advisable to effectuate the purposes of this division and is reasonable in the circumstances, condition the variance to require the owner of the structure or object of natural growth in question to permit the city, at its Page 56 of 372

57 Article III, Zoning Division 3, Overlay Districts Land Use Code City Of Nashua, New Hampshire own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard to Reserved Historic Districts Purpose and Findings: This division contemplates that the future of the city will be enhanced by recognizing and strengthening the city's heritage. The preservation of structures and places of historic and architectural value is hereby declared to be a public purpose. This section: (1) Preserves districts in the city that reflect elements of its cultural, social, economic, political and architectural history; (2) Conserves property values in such districts; (3) Fosters civic beauty; (4) Strengthens the local economy; and (5) Promotes the use of historic districts for the education, pleasure and welfare of the citizens of the city. The city hereby finds that the loss of historic or architecturally significant structures through demolition, alteration, moving or incompatible new construction contributes to the destruction of the unique character of the city. (a) Certificate of Approval (1) Written application for a certificate of approval shall be submitted to the Historic District Commission, through the Building Department Manager, stating the location and nature of the matter or item for which such certificate is sought. Taking into consideration the size and extent of the improvements or changes for which a permit is sought, the commission may request of the applicant any site plans, building plans, elevation drawings, samples of materials, photographs, sketches or other information which may assist it in determining the appropriateness in question, and which are reasonable in consideration of the size of the project proposed. (2) Before passing on an application for a permit, and in reviewing the application, the commission shall take into account the purpose of this Section and consider the following: A. The historical or architectural value of the building or structure and its setting; and B. The general compatibility of exterior design, arrangement, texture and materials proposed to be used in relationship to the existing building or structure and its setting or if new construction, to the surrounding area; and C. The general size and scale of new construction in relationship to the existing surroundings, including such factors as the building's overall height, width, street frontage, number of stories, type of roofs, facade openings (windows and doors), and architectural details; and Page 57 of 372

58 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 3, Overlay Districts D. Other factors, including yards, off-street parking space, location of entrance drives, sidewalks, extent and coverage of pavement, signs and landscaping, which might affect the character of any building or structure within the district, and any other factor which relates to the appropriate setting for such structure or grouping of structures; and E. The special character of the area including whether or not it is primarily residential or commercial; and F. The economic activity of the building and the needs of that activity, and as it relates to the welfare of the community. (3) The Building Department Manager is not required to forward the following applications to the historic district commission for their review, provided the proposed project complies with the stipulations specified: A. Ordinary maintenance and repair of any exterior architectural feature which does not involve a change in design, materials or outer appearance thereof; B. Painting or repainting of a building or structure; C. Roofing or re-roofing of existing structures, provided that the roof plane remains the same; D. Siding or re-siding of structures, provided that exterior architectural features (exclusive of existing siding material, such as clapboards, shingles) are not removed, destroyed or covered and provided that the siding is similar in style and appearance to the original construction; E. Storm doors and storm windows, provided that original architectural features are not removed or destroyed. (4) All other construction, repairs, renovations, alterations not mentioned and all applications for moving or demolition are considered as coming within the scope of review of this division. (5) The Building Department Manager shall consult with the historic district commission on a periodic basis to review permits that have been issued to determine that the purposes of this Section are being carried out. (6) Members of the historic district commission shall discuss any proposed changes with citizens or anyone contemplaning work in a district even though a review is not required by this division. (b) Procedure for commission review (1) When an application is made to the building official for a building permit or demolition permit which comes within the scope of review of the Historic District Commission, the building official shall submit the application to the secretary of the Commission within three (3) working days after the application is filed. (2) The Commission shall file with the building official either a certificate of approval or a notice of disapproval following the review and determination of the application. Such certificate shall be filed with the building official within thirty (30) calendar days after the submission of the application to the secretary of the commission unless the applicant Page 58 of 372

59 Article III, Zoning Division 3, Overlay Districts Land Use Code City Of Nashua, New Hampshire shall agree in writing to a longer period of time. Failure to file a notice of disapproval within the specified time period shall constitute approval by the commission. (3) No building permit or demolition permit may be issued by the building official until the Commission has either filed with the building official a certificate of approval or has failed to file a notice of disapproval within the specified time period. (c) Written finding required (1) Certificate of approval If, in the opinion of a majority of the Historic District Commission members present and voting, the applicant's proposal meets the purposes of this Section, the historic district commission shall issue a certificate of approval, signed by the chairman, together with any changes, conditions and stipulations necessary to secure the purposes of this division. (2) Notice of disapproval If, in the opinion of a majority of the Historic District Commission members present and voting, the applicant's proposal does not meet the purposes of this division, the Historic District Commission shall issue a notice of disapproval in writing together with reasons for such decision, signed by the chairman of the commission. The issuance of such a notice shall prohibit the Building Department Manager from issuing a building, demolition or other permit. If the applicant's proposal is denied, the applicant may, and is encouraged to, modify the proposed plans and may resubmit the application at any time after so doing provided that the reasons for denial as stated in the notice of disapproval are addressed in the resubmittal. (d) Appeal Any person aggrieved by any decision of the building official or of the commission under this Section shall have a right to appeal to the Zoning Board of Adjustment as provided in (e) Location of historic districts Historic districts shall be created and indicated on the zoning map of the city in accordance with Division 2 of this Article. No district shall be created prior to the Historic District Commission's holding of public informational meetings to explain the benefits and restrictions of such a district to the residents and owners of the area contemplaned for designation. Owners of property in a potential district shall be notified by the city by first class mail of the time and location of any public hearing at which designation of their property in a historic district is to be discussed. Substantial objection to the creation of a historic district by the owners of property in the proposed district shall be deemed ample evidence for the Board of Aldermen to deny the proposed rezoning. Historic district regulations, as stated in this division, shall be in addition to any other zoning regulations of this article and shall in no way be construed to supersede those of other zoning, building, life safety or other ordinances of the city. Page 59 of 372

60 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 3, Overlay Districts Mixed Use Overlay District ( MU ) Purpose: Mixed use districts are established from time to time to achieve the following objectives: To promote the goals, objectives and strategies adopted as part of the city's master plan. To assist conventional underlying zoning and land use regulations where the modification of use, dimensional, density and other requirements is appropriate through site plan review To protect the value and efficiency of operation of surrounding properties. To maintain unique aesthetic, architectural and visual amenities of an individual building or cluster of buildings. To enable in-fill development to occur in a manner that will be compatible with the surrounding site environment and neighborhood. To insure that private development and rehabilitation will be compatible and coordinated with public investment and improvements. To support new construction and adaptive reuse of buildings through appropriate engineering, architectural and design solutions. To guide the orderly and timely transition from one land use to another within areas subject to building obsolescence, changes in technology, environmental conditions and adjoining development patterns and influences. To insure that redevelopment occurring in close proximity to the Nashua and/or Merrimack Rivers will conserve and incorporate natural features and enable both visual and physical riverfront access. To promote development opportunities that will eliminate blight and disinvestment. To introduce uses that will have positive long term social and economic impacts. To establish a complimentary and integrated working, shopping and living environment. (a) Applicability (1) Mixed use districts are overlay zones that conform to RSA 674:21. (2) In areas where mixed use districts may overlap with the historic district, the powers and duties of the Historic District Commission and district, including the scope of building permit review, shall remain in force. (b) Permitted uses (1) All principal and accessory uses permitted under 16-26, Table 26-1, by right or special exception within the underlying districts shall continue to be permitted according to the dimensional, density and other applicable requirements established by this Article III, Zoning, within mixed use districts. (2) The powers and duties assigned to the Zoning Board of Adjustment by to hear and decide appeals, special exceptions and variances for uses permitted by the underlying district(s) shall not be preempted by this Section except where a use proposed is only permitted by subsection (c), or the applicant elects to submit a site plan to the Nashua Planning Board in accordance with the provisions and requirements of this Section. (3) Any site plan submitted for a lot in or partly in the D-1 or D-3 zoning districts which involves the addition or enlargement of structures or any amendment to an approved site plan shall be subject to the provisions of this Section, whether the use is listed in or subsection (c) of this Section, or is allowed by variance, special exception, conditional use permit or other similar permission, or is a prior non-conforming use. Page 60 of 372

61 Article III, Zoning Division 3, Overlay Districts Land Use Code City Of Nashua, New Hampshire (c) Alternative uses In addition to principal and accessory uses permitted and regulated by the underlying districts, the following alternative principal and accessory uses are also permitted within mixed use overlay districts in conformance with the provisions of subsections (d) and (e) of this Section: (1) Principal uses: A. Residential: Multifamily dwellings. Multifamily high-rise dwellings. Dormitories. Elderly housing development. B. Community facilities: Educational purpose which is religious, sectarian, denominational or public. Nonprofit school, college, university, business or trade school. Nonprofit boating, swimming and tennis clubs. Historical association or society. C. Agricultural: Retail sale of agricultural or farm products. D. Retail; service; commercial: (2) Accessory uses: Retail establishment selling convenience goods including but not limited to food, drugs and proprietary goods. Retail establishment selling general merchandise. Eating and drinking places. Hotels. Personal service establishments. Membership club operated for profit. Miscellaneous professional, medical and business offices. Proprietary school, college, business or trade school. Proprietary schools for education in the arts, dance, music and drama. Private daycare, nursery, or kindergarten. Movie theaters or performance theaters. Museums and art galleries. Amusement and recreation services, indoor and outdoor. Accessory repair and storage facilities in any retail sales or consumer establishment. Accessory outdoor storage. Accessory retail or consumer service uses primarily for the occupants or uses within a hotel or office building. Accessory dormitory. Page 61 of 372

62 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 3, Overlay Districts (d) Modification of dimensional, density and other regulations The Planning Board, in determining the acceptability of proposed site plans within mixed use districts, shall have the authority to modify the dimensional, density and other regulations of the underlying districts in accordance with subsection (f) of this section. The authority granted to the Planning Board by this section shall apply to all uses contained within or approved as a part of a development submitted in accordance with the provisions of this Section. An applicant may continue to elect to obtain variances to dimensional, density and other regulations of the allowed land uses within the underlying zone district as identified in 16-26, in accordance with applicable review procedures and as approved by the Zoning Board of Adjustment. (e) Site plan suitability report Within the mixed use districts, all site plans submitted to the Planning Board for approval in accordance with this Section shall be accompanied by a site plan suitability report, including appropriate studies, drawings, plans and illustrations, which shall address the following relevant factors: (1) Analysis of the ability of the proposed use and existing uses to coexist and the potential impacts that proposed and existing adjoining and surrounding uses and buildings may have upon one another. (2) Analysis of any impacts on significant natural, architectural, visual or aesthetic qualities of the surrounding environment. (3) Analysis of the health and safety impacts on customers, residents, employees and the general downtown and inner city population. (4) Analysis of economic or property value impacts. (5) Analysis of traffic and parking impacts. (6) Analysis of the adequacy of existing municipal facilities and services. (7) The consistency of the site plan with the mixed use district objectives and guidelines established by this Section, the master plan and sound planning and development principles. Prior to the preparation and submission of a site plan and site plan suitability report, the applicant shall hold preliminary review sessions with the planning department and/or Planning Board to solicit their comments and recommendations. (f) Guidelines for site plan evaluation The following mixed use district guidelines are an extension of the enabling purpose and objectives of this Section. The guidelines are intended to provide the Planning Board with the criteria to evaluate site plans and site plan suitability reports required by subsection (e), above, and to determine whether a site plan submitted under this Section should be approved, approved with conditions, or denied. In approving any site plan under the provisions of this Section, the Planning Board may require in a reasonable manner as a condition of approval any and all specific treatments of the criteria listed in this section as it deems necessary to meet the purpose of this section as set forth in the purpose statement above. Page 62 of 372

63 Article III, Zoning Division 3, Overlay Districts Land Use Code City Of Nashua, New Hampshire (1) Dimensional and density requirements The base dimensional and density requirements of the underlying zone shall apply to proposed uses allowed within projects submitted in accordance with this Section. The Planning Board may vary the dimensional requirements of the underlying zone subject to a report by the planning director in consultation with the code and fire departments. The specific per-unit lot area requirement for developments incorporating residential uses shall be removed. Residential uses may be included within the allotted floor area without limitation per se on the total number of units per acre. The purpose of this section is to provide additional design flexibility, and is subject to the Planning Board's finding that the development adequately addresses and satisfies the requirements of this Section. The underlying zone shall be utilized for purposes of calculating allowed densities of development appropriate for the area. (2) Building and site design: A. Proposed building massing, proportions, spacing, scale, setbacks, orientation, facade treatment, height and roof lines should be integrated and compatible with surrounding buildings. B. Exterior building and paving materials and details shall be of a composition, scale and form compatible with the site and building environment. C. Buildings should be designed in context with clusters of buildings that present a distinct or unified architectural pattern and scale. D. Buildings shall be oriented to enhance, maintain and protect unique or significant internal and external view corridors and vistas. (3) Building rehabilitation: A. The removal, covering or alteration of significant architectural features shall be avoided unless shown to be economically unfeasible and the architectural and aesthetic characteristics of the building and its compatibility with surroundings can be preserved in some other way. B. Building design, materials and details shall be replicated where feasible. C. Replacement elements and features, where replication or reapplication is not feasible, shall be in harmony with the scale, design, texture and composition of original building elements. D. The Planning Board may require the state Historic Preservation Office or the Nashua Historic District Commission to review and report on plans for buildings within either National Register or local historic districts. (4) Circulation: A. Vehicular and pedestrian facilities shall be designed to serve both existing and proposed buildings and provide for safe, unified and efficient access pattern that is coordinated with existing and planned roads and sidewalks. Vehicular and pedestrian access improvements shall be reviewed by the city traffic engineer. B. Adequate access for safety, fire and emergency vehicles shall be available and approved by the fire department. Page 63 of 372

64 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 3, Overlay Districts C. Provisions for public transit connections and stops should be provided where deemed necessary and appropriate by the public transit agency. (5) Parking: A. Adequate off-street parking shall be available within one thousand (1,000) feet of a mixed use overlay district and a suitable parking location and management plan shall be established that will not adversely impact off-site circulation conditions and parking availability. B. A minimum of one (1) off-street parking space shall be provided for each dwelling unit. Parking regulations defined by shall apply to all other nonresidential uses permitted within the mixed use district except where modified by this Section or following review and report from the planning director in consultation with the traffic engineer. C. Off-street loading regulations defined by of this Chapter for all uses permitted within the mixed use district. D. Landscaping and screening shall be provided in conformance with Article V, Division 7 as a means to break up the visual monotony and impervious surface area of parking facilities. (6) Open space; landscaping: A. Landscape plans shall conform to Article V, Division 7. B. Nashua and Merrimack riverfront open space shall be retained and expanded. Public and private visual and physical access to riverfront open space shall be made available. All open space and landscape plans should be consistent with the city's Central Nashua Riverfront Plan. C. Open space and landscaping shall be incorporated and, where practical, provide visual and physical links to parks, plazas, squares and Main Street. D. Open space and landscaping shall be provided to accentuate points of access and pedestrian activity. (7) Lighting: A. Lighting sources shall be of an appropriate design and located at strategic locations to provide a safe environment and to accentuate important points of activity, access and building features of landmark proportions and details. B. Lighting sources shall be adequately shielded to avoid glare. C. All new construction and rehabilitation projects shall conform to city minimum lighting standards. (8) Signage: A. All rooftop signs and billboards are not permitted as part of site plans for uses permitted by subsection (b) unless approved by the Planning Board following review and report by the zoning administrator. Page 64 of 372

65 Article III, Zoning Division 3, Overlay Districts Land Use Code City Of Nashua, New Hampshire B. All signs shall conform to Article III, Division 9 (Sign Regulations) of this chapter, except as modified by this section. C. Thematic or display banners incorporated as part of new construction and rehabilitation projects may be introduced if they are of a suitable size, color and graphic design to enhance the site and building environment and assist in enlivening and defining a building or space. D. All directional and advertising signs shall conform to Article III, Division 9 of this Chapter and shall be of a scale, color and materials consistent with the building, property and surrounding environment Water Supply Protection District Purpose: It is the purpose and intent of this article to establish an overlay district to increase protection for the Pennichuck Brook Watershed above the supply pond dam, including Pennichuck Brook, its associated ponds, wetlands, and tributaries, said water being the primary source of the city's public drinking water supply. Regulations within the district are intended to preserve the purity of the drinking water supply; to maintain the ground water table; and to maintain the filtration and purification function of the land; thereby protecting the public health, safety and welfare. (a) Water Supply Protection District Established The water supply protection district is herein established as an overlay district and shall be superimposed on the other districts established by the zoning ordinances. The requirements enumerated hereafter for this water supply district shall be in addition to, rather than in place of, the requirements of such other districts. (b) Boundaries (1) The water supply protection district is herein established to include all lands within the City of Nashua lying within the watershed of the Pennichuck Brook upgradient of the supply pond dam. The map entitled "Water Supply Protection District Map, City of Nashua, New Hampshire," dated October 28, 1998, and prepared by the City of Nashua Community Development Division shall delineate the boundaries of the district. This map as may be amended is hereby declared to be a part of this article. (2) Where any uncertainty exists with respect to the boundary of the Water Supply Protection District as shown on the Water Supply Protection District Map, the applicant shall supply the data needed to determine the district boundary. The Administrative Official shall determine the boundary based upon the location of the watershed and there is a hydrological connection to the surface waters based upon information supplied by the applicant. (3) There shall exist a conservation zone within the water supply protection district which shall consist of all land areas located within three hundred (300) feet of the annual high water mark of Supply Pond, Bowers Pond, Holt Pond, Harris Pond, and Pennichuck Pond, and all land areas located within one hundred fifty (150) feet horizontally from all water bodies that are connected via surface water to the aforementioned ponds and the wetlands associated with those water bodies. The conservation zone shall be delineated on the map. Page 65 of 372

66 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 3, Overlay Districts (4) To fulfill its function as a prime aquifer recharge zone, the conservation zone is intended to be maintained as an undisturbed natural buffer for the purpose of protecting the drinking water supply. In case where a lot is not located entirely within the water supply protection district, the requirements of the water supply protection district shall apply to that portion of the lot located within the water supply protection district. (c) Application for Uses in the Water Supply Protection District Notwithstanding the requirements of other provisions of this article, applications submitted for uses proposed within the water supply protection district shall be accompanied by sufficiently detailed information and plans to clearly show the extent of the conservation zone and the use proposed to be located on the subject property. The Administrative Officer shall review the information provided to determine its sufficiency. (d) Uses in the Conservation Zone (1) Unless permitted by the article, all uses are prohibited in the conservation zone. Activities that maintain existing uses associated with municipal water supply and treatment are allowed in the conservation zone. Forest management, wildlife conservation and passive, non-motorized recreational activities are permitted where developed in accordance with a Forest Management Plan consistent with NH DES adopted or approved best management practices and rules, approved by the Nashua Conservation Commission. (2) To reduce potential damage to the conservation zone from significant storm events, overflow capacity may be provided within the conservation zone only by vegetated swales. Piping, headwalls, rip rap and all other techniques other than vegetated swales are prohibited. Tree cutting is strictly limited to what is absolutely necessary to construct and maintain the vegetated swale. All other tree cutting in the conservation zone is prohibited, except for tree-cutting consistent with a Forest Management Plan developed in accordance with NH DES approved best management practices and rules, approved by the Nashua Conservation Commission. (3) Land contained in the conservation zone may satisfy the open space requirements of any lot. (e) Restriction on Fertilizer and Pesticide Use The use of fertilizers or pesticides is prohibited on any lands within the conservation zone or within twohundred fifty (250) feet horizontally from the annual high water mark of all waterbodies and all associated wetlands, whichever is greater. (f) Lots of Record and Nonconforming Uses (1) The lawful use of any building or land existing at the time of the enactment of this article may be continued. (2) For lots of record as of the date of adoption of this article which have distances from the front lot line to the edge of a water body and associated wetlands in the conservation zone of less than one hundred fifty (150) feet, the restrictions of the conservation zone in that location shall be considered waived up to a distance of seventy-five (75) feet. This paragraph shall not apply to the three hundred (300) foot conservation area around the ponds. (3) In cases where legal lots of record, as of December 16, 1998 cannot reasonably be used for a permitted use due solely to the provisions of this article, a special exception may be Page 66 of 372

67 Article III, Zoning Division 3, Overlay Districts Land Use Code City Of Nashua, New Hampshire granted allowing the use provided that there shall be no resulting significant adverse impact to the water supply. (4) Any use made nonconforming by the provisions of this article may be expanded provided such expansion would otherwise be permitted in the underlying zoning district and a minimum of fifty (50) percent open space is maintained. (5) In other cases where currently developed sites are proposed for expansion or redevelopment, a special exception may be granted, if the following conditions are met: A. The proposed expansion or redevelopment would be allowed under current zoning ordinances and meets all other requirements for a special exception as set forth in of this Chapter. B. The proposed expansion cannot be reasonably accomplished within the constraints of this article. C. Determination by the conservation commission within thirty (30) days from formal submission of the proposal declaring that the proposed use will not create a danger of prohibited acts under NRO D. No increase of impervious surface in the conservation zone is proposed, except as designated in subsection 5 (c) of this Section. E. All stormwater management systems must be compliant with the requirements set forth in Article V, Division 11, "Stormwater Management Standards," and must be sufficient to infiltrate all stormwater from the ten (10) year twenty-four (24) hour storm event Flexible Use District Purpose: The flexible use district is an overlay zone as depicted on a conceptual plan entitled "Conceptual Plan, Main Dunstable Road, Nashua, New Hampshire," dated February 15, 1997, at a scale of 1" = 200' prepared for Terra Verde, 20 Trafalgar Square, Nashua, NH, as amended ("plan"), and on file at the community development division of the City of Nashua. The flexible use overlay district shall also encompass the land shown on a conceptual plan entitled "Concept Plan, Ridge Road, Nashua, New Hampshire" dated November 12, 2001, at a scale of 1" = 150' prepared for Lamsco Holdings, L.L.C., 84 Lake Street, Nashua, NH (the "Lamsco Plan")", on file at the community development division of the City of Nashua, with the provision that said concept plan describe eighty-two (82) new housing units and one (1) existing housing unit. The flexible use district is developed as an innovative land use control pursuant to RSA 674:21,I(i). It is designed to promote the health, safety and general welfare of the community. The flexible use district is further intended to promote the goals, objectives and strategies of the City of Nashua's duly adopted master plan, capital improvements program and its charter and ordinances, and thereby effectuates legitimate public purposes and facilitates the orderly growth and development of the city consistent with the needs of citizens. The flexible use district permits multiple, coordinated uses in an integrated concept development plan, and provides for open space, wetland protection and recreational opportunities. (a) Permitted uses (1) Single-family residential Single-family residential development shall be permitted in Phases I-VIII as depicted on the plan in a number not to exceed two hundred [sic] (250) units. Single-family residential development shall be permitted as depicted on the Lamsco Plan in a number not to exceed eighty-two (82) units. Page 67 of 372

68 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 3, Overlay Districts (2) Mixed-use village area A. Purpose: A mixed-use village area will be permitted as depicted on the plan and will be developed in conformity with the traditional New England architectural style. The mixed-use village area is intended to house retail facilities that primarily serve the needs of the surrounding residential neighborhoods. B. Design standards: All structures erected in the mixed-use village area shall be designed in keeping with the "Hall's Corner Architectural Design Review, Procedure and Guidelines," dated February, 1987, and as may be amended from time to time by the Nashua Planning Board. C. Permitted Uses: The following uses developed shall be permitted in the mixed use village area as depicted on the plan. All uses not listed here, or in the conditional use subsection (4) below, shall be prohibited. (3) Accessory uses i. Elderly housing units. ii. Retail establishment selling general merchandise including but not limited to food, drugs, dry goods, apparel and accessories, gifts, flowers, books, periodicals, jewelry, tobacco, toys and crafts, stationery, antiques. iii. Miscellaneous professional and business offices and services including but not limited to legal and other professional services, and finance, insurance, real estate offices, banks, ATM and other financial institutions. iv. Personal service establishments including but not limited to hair styling, tailoring, shoe repair, laundromat and dry cleaning establishments or similar uses. v. Eating and drinking establishments including but not limited to restaurants, coffee shop, delicatessen, bagel, pizza and sandwich shops where consumption is primarily on the premises, but specifically excluding establishments offering drive-through, curbside or other similar food service, or where, consumption is frequently in automobiles or offpremises. vi. Private day care nursery. vii. Quasi-commercial, civic and institutional uses including but not limited to studios for art, dance, music and photography, churches, libraries and post offices. viii. Farm stands and agricultural uses. ix. Any type of municipal facility or activity. Accessory uses typically associated with the above principal uses shall be allowed with the approval of the Planning Board at the time of site plan review. (4) Conditional uses The uses listed in this section shall be considered conditional uses, subject to approval by the Planning Board per the provisions of RSA 674:21, "Innovative Land Use Controls." In order for the conditional uses to be permitted, the Planning Board must determine that the proposed use complies with the statement of purpose of this section and meets all of the provisions of the flexible use overlay district. A. With the approval of the conservation commission, dispensing of automotive fuel, with no more than four (4) fuel filling locations. B. Medical, dental and veterinary offices. Page 68 of 372

69 Article III, Zoning Division 3, Overlay Districts Land Use Code City Of Nashua, New Hampshire C. Indoor amusement and recreation service, including but not limited to health club, fitness center and recreation facilities, limited to no more than three (3) coin-operated amusement devices. D. Funeral homes. E. Greenhouses. (b) Signs/mixed-use district The mixed-use village area shall have a uniform sign criteria, submitted with the site plan and approved by the Nashua Planning Board as a condition of approval of the site plan, that shall conform, at a minimum, to the local business (LB) zoning district, as described in Article III, Division 9. Internally illuminated signs are prohibited. (c) Hours of operation All commercial and other enterprises within the mixed-use village area shall be limited to the following hours of operation: 5:00 a.m :00 p.m. The Planning Board may further restrict the hours of operation of individual businesses, based upon anticipated usage, at the time of site plan approval. (d) Residential property dimensional requirements (1) Single-family dwellings shall conform to the following requirements in lieu of 16-27: Single-Family Dwellings Minimum lot area Minimum side yard Minimum rear yard Minimum front yard Minimum lot width Minimum lot depth Accessory structures Setback Requirement 9,000 square feet 10 feet 25 feet 25 feet 75 feet 90 feet 6 feet from all lot lines (2) Dwellings shall be sited with a variety of setbacks to prevent the row house effect. (3) There shall be no more than sixty (60) elderly housing units included in the development. (e) Non-residential lot and area requirements The minimum lot area and yard requirements shall generally follow the conceptual plan. The exact lot area and dimensional requirements, along with access to the lots, shall be reviewed and approved by the Planning Board. There may be only one (1) retail establishment selling general merchandise, as defined in paragraph (a) (2) (c) ii. of section 16-38, with a gross floor area of up to twenty thousand (20,000) square feet. A church may also have up to twenty (20,000) square feet of gross floor area. All other establishments within the mixed-use village area shall have no more than ten thousand (10,000) square feet of gross floor area. The total gross floor area of all structures in the mixed-use village area shall not exceed eighty thousand (80,000) square feet. (f) Open space requirements At least thirty (30) percent of the total tract area depicted on the plan shall be dedicated as open space. Said open space shall be deeded to the City of Nashua to be used for public purposes including a greenway system of public trails as depicted on the plan and placement of utilities. The trail network within the greenway will be established prior to the issuance of any occupancy permits for dwelling units within each approved phase. The city shall use, maintain and preserve these open space areas in their existing condition except for development of trails. One hundred twenty-five (125) feet of open space shall be provided along all frontage on Ridge Road, and all existing foundations shall be removed from this area. Page 69 of 372

70 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 3, Overlay Districts (g) Street and utility requirements The following requirements shall supersede Article V, Division 10 where applicable: (1) Non-collector, residential streets may be twenty-four (24) feet in width with prior Planning Board approval. If the road width is reduced, the Planning Board may waive the requirement for curbing and closed drainage. (2) Public rights-of-way shall be (50) feet. (3) The Planning Board may require speed reduction or traffic calming devices as it deems necessary. (4) The Board of Aldermen may accept streets pursuant to NRO (5) The Planning Board may require that cul-de-sacs be teardrop in shape, to facilitate snow plowing or for any other reason. (6) All utilities shall be provided via underground connections. (h) Submission and approval Site plans submitted under the flexible use overlay district shall meet the requirements Article IV, Division 5 (Site Plan Procedures) of the Nashua Revised Ordinances, and those elements of deemed appropriate by the planning director. Development of the Lamsco Holdings concept plan shall be in at least three (3) phases of not more than thirty (30) units per phase. (i) Administration (1) The Administrative Officer or his designee is authorized to administer and enforce the provisions of this Section. Any decision verbal or written in the application of this Section by the Administrative Officer may be appealed to the Planning Board whose decision is final unless appealed to superior court. The Administrative Officer shall determine the applicable date of constructive notice from which an aggrieved party has twenty (20) days to file a written appeal to the Planning Board. The Planning Board shall follow its adopted bylaws in processing applications. As an innovative land use control, any waiver of the terms, uses and dimensional requirements of this Section shall be submitted to the Planning Board who has been delegated the authority to decide waivers based on the criteria established in Applications for waivers and the notification of abutters and the public of the application for variance shall be subject to the provisions of Waiver decisions by the Planning Board are final unless appealed to superior court. (2) The Planning Board, in determining the acceptability of proposed site plans within the Flexible Use District shall have the authority to modify the dimensional, density, and other regulations of the underlying districts in accordance with the criteria for such modification set forth for the D Downtown district in 16-31, subject to the restriction that the dimensional specifications set forth in this division, and any other provision of this division which is in conflict with the provisions of shall supersede the provisions of (3) All applicable fees for submittal of site plans and subdivision plans shall apply. (j) Repealing conflicting provisions of Ord. No. O Adoption of this Ord. No hereby repeals and fully supersedes Ord. No. O in its entirety, along with all of its conditions and stipulations, except for the Hall's Corner Sewer Agreement, which will be addressed separately. The mayor of Nashua is authorized to execute such documents as Corporation Counsel deems necessary to extinguish or remove any agreements of record which were executed as part of ordinance O Page 70 of 372

71 Article III, Zoning Division 3, Overlay Districts Land Use Code City Of Nashua, New Hampshire Planned Residential Development ( PRD ) Purpose: this section establishes procedures and standards for the use of flexible zoning standards for residential development. This section relieves residential developments subject to a common plan of development from rigid zoning requirements, but also establishes higher standards for open space and building design. (a) Applicability (1) This section applies to developments using a planned residential concept for mixed residential, commercial, institutional and other uses which are subject to the dimensional and density regulations of this section and not those of of this Chapter. (2) The tract shall be at least ten (10) contiguous acres, and may include parcels separated by existing public roads. Existing, intervening public roads shall not count toward tract size. However, proposed dedications for future public roads shall not be discounted from tract size. (3) This Section does not apply to those planned residential developments which have received aldermanic approval prior to passage of this Chapter. However, modifications to the approved concept plan may be authorized by the Planning Board provided the original intent of the concept plan is adhered to specifically regarding: A. Maximum number of dwelling units, non-residential development, and total building and parking lot site coverage. B. Total recreational space/facilities being provided. C. Preservation of natural features. D. Compliance with any density bonus provisions. (b) Permitted uses The following uses are permitted within a PRD: (1) Single-family detached, duplex, or multifamily dwellings. (2) Community facilities as listed in the table of use regulations shall be permitted as well as membership clubs under controlled use of the residents of the planned residential development, recreational membership clubs and facilities open to both residents and the public, and public recreation or open space. (3) Commercial retail and service establishments as allowed in Local Business (LB) District. (4) A maximum of three (3) percent of total land area at any one (1) time (excluding land area devoted to private day nurseries or kindergarten facilities) may be devoted to Commercial uses, including required off-street parking, whenever the proposed development consists of a minimum of at least one hundred (100) acres. Page 71 of 372

72 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 3, Overlay Districts (c) Procedures (1) The applicant shall submit a concept plan for the entire tract of the planned residential development. The Concept plan shall include the information required by Article X, Division 2. (2) Submission and review A. Only parcels with natural features and amenities including, but not limited to, wetlands and slopes that have not been intentionally altered to circumvent the purpose of this section shall be eligible for approval. B. Prior to the official submission of a general concept plan to the city, the developer shall hold preliminary review sessions with the Administrative Officer to solicit his comments and recommendations. C. Upon completion of the Administrative Officer review sessions, the applicant shall submit the concept plan to the city clerk for inclusion on the Board of Aldermen agenda. The plan will then be referred to the aldermanic planning and economic development committee and the Planning Board, before they act on the proposal. The aldermanic planning and economic development committee will hold a public hearing, notice of which shall be provided by publication in a newspaper having general circulation in the city not less than fifteen (15) days, prior to such hearing. As a condition of approval, the Board of Aldermen may require the reasonable phasing of a development in order to minimize its impact on existing municipal facilities. This phasing shall allow sufficient time for any expansions or improvements to municipal facilities as may be necessary to accommodate the planned residential development. All proposed recreational improvements shall be phased to coincide with the phasing of the total project development schedule. On hundred (100) percent of all nonresidential uses shall be constructed prior to the approval by the Planning Board of the final fifteen (15) percent of the total number of residential units. D. Upon approval of the concept plan, approval from the Planning Board shall be required for each phase or structure to be built. Such review shall conform to the site plan and/or subdivision regulations of this Chapter. E. Failure to begin construction of a planned residential development within one (1) year of its approval by the Board of Aldermen shall result in such approval being null and void unless an extension has been granted by the Board of Aldermen. F. A current list of all property owners, their addresses, and zip codes, which abut the development shall be provided to the Planning Board, and the Planning Board shall provide notice of schedule public input meetings related to the proposed development. Page 72 of 372

73 Article III, Zoning Division 3, Overlay Districts Land Use Code City Of Nashua, New Hampshire (d) Dimensional standards (1) Density The total number of dwelling units within the planned residential development shall be no more than three and eight-tenths (3.8) units per acre of net developable land plus incentives as provided in subsection (2), below. "Net developable land" shall mean total tract acreage minus the sum of: A. Fifty (50) percent of acreage defined as wetlands (as determined in accordance with Article III, Division 10) and acreage within the one-hundred-year floodplain (as determined in accordance with Article III, Division 6). B. Seventy-five (75) percent of acreage encompassed by topography having slopes of twenty (20%) percent or greater. This subtraction does not apply to those slopes of at least twenty (20%) percent caused by prior human activity, which are treated as slopes of less than twenty (20%) percent slopes for purposes of the concept plan. C. Acreage within the fifty-foot buffer area required by Article III, Division 10 (Wetlands) of this Chapter which is adjacent to any existing intervening street, which would not be required if such existing intervening street did not exist. This subtraction shall not apply to those streets which are discontinued in conjunction with the proposed development. D. All commercial acreage. E. Acreage occupied by indoor recreation facilities open to the general public and operated for profit. F. Industrial acreage. (2) Bonus Density Additional dwelling unit density may be obtained if the following incentive(s) are fully satisfied: Table 45-1 PRD Bonus Density (A) Incentive An existing natural landscape buffer, which shall be supplemented by additional planting where natural vegetation is sparse or nonexistent, at least two hundred (200) feet in depth along existing public rights-of-way (excluding existing structures which are to be incorporated into the proposed project) and one hundred (100) feet along all project property lines, whose purpose is to provide a natural visual screen between the proposed development and adjacent property and public roads. Providing two hundred fifty (250) square feet per unit or more of developed active recreation facilities such as swimming pools, tennis courts, basketball courts, play lots and ball fields. When recommended by the Planning Board, and confirmed by the Board of Aldermen, a dedication and/or development of land for a public community facility (excluding water or sewer improvements or roads) which is necessary to serve the general area or district in which the (B) Bonus Units (per acre) tracts exceeding 25 acres (C) Bonus Units (per acre) tracts between acres to 0.50 units per acre, depending upon the quantity and 0.10 to 0.25 units per acre, depending upon the Page 73 of 372

74 Land Use Code City of Nashua, New Hampshire (A) Incentive development is located, and/or providing two hundred fifty (250) square feet per unit or more of developed active recreation facilities as described above. Such recreation facilities shall be dedicated for public use; shall be consistent with the goals of the city recreation plan; shall be reviewed by the city's parks and recreation director prior to submittal of the plan to the Planning Board and Board of Aldermen. Any dedications secured under this paragraph may be permitted within the required fifty-foot or one-hundred-foot buffer area. Privately operated day nursery or kindergarten facilities providing care for twelve (12) or more resident or nonresident children contained within a freestanding structure (except if associated with a multiple-tenant commercial structure) may be approved by the Planning Board. Such facilities shall be compatible with surrounding land uses and designed in a manner which permits safe and convenient vehicular access and egress. In addition, day nursery or kindergarten facilities shall be subject to the approval and periodic inspection of the city community services division. Article III, Zoning Division 3, Overlay Districts (B) Bonus Units (per acre) tracts exceeding 25 acres quality of the dedicated facilities as determined by the Planning Board. (C) Bonus Units (per acre) tracts between acres quantity and quality of the dedicated facilities as determined by the Planning Board (3) Height Structures shall not exceed thirty-five (35) feet in height unless setback seventy-five (75) feet from the project boundaries plus an additional seventy-five (75) feet for each ten (10) feet above thirty-five (35) feet. No building shall exceed eighty (80) feet in height. When recommended by the Planning Board and confirmed by the Board of Aldermen, requirements of this section may be waived for special conditions such as commercial or industrial abutters, or other special features such as rivers, highways, etc., where literal application of this section would not serve the purpose of providing adequate buffers to established residential neighborhoods. (4) Perimeter setbacks New principal structures and parking areas shall be at least fifty (50) feet from the project boundary, and this area is to be considered a buffer comprised of existing natural vegetation, which shall be supplemented by additional planting where natural vegetation is sparse or nonexistent. Additionally, new principal structures and parking areas shall be at least thirty (30) feet from any internal traffic routes or public roads and at least twenty (20) feet from any other principal structures. Accessory structures shall be at least five (5) feet from any other structure. (e) Open Space, Parks and Recreation (1) At least twenty (20%) percent of the total tract area shall be designated as common open space. (2) Not more than seventy-five (75%) percent of the common open space shall be wetlands or over five (5%) percent sloped area. (3) The Planning Board may allow land exceeding the slope limitations, bodies of water, and historical sites to qualify as part of the common open space requirement, by taking into consideration the proposed use of any lands to be dedicated to public use, and the use of the land or water in relation to the recreational needs of the development. (4) Stormwater management facilities (e.g., detention or retention basins/ponds) required by Article V, Division 11) shall not be designated as part of the required open space. Page 74 of 372

75 Article III, Zoning Division 3, Overlay Districts Land Use Code City Of Nashua, New Hampshire (5) Covenants protecting the common open space shall be reviewed and approved by the Planning Board after review and approval of the City Solicitor prior to the first subdivision or site plan approval. Such covenants shall provide for adequate protection in their natural state for wetlands, bodies of water and vegetation which are to be delineated on the concept plan. (f) Conservation Regulations See Article V, Division 5. (g) Stormwater Management A stormwater management plan consistent with Article V, Division 11 shall be provided with the initial application for all phases of the proposed development. (h) Street Design and Transportation (1) Street design and transportation shall comply with Article V, Division 10. (2) The number of new access points to existing and proposed public streets and major through roads within the development shall be limited to two (2) unless otherwise determined by the Planning Board. (3) The Planning Board may require principal streets to become dedicated public ways. (4) Private streets shall conform to subsection (1), above, and the following standards: A. Private maintenance of all street improvements is required (except as specifically required by the city) including rubbish collection, lighting and snow plowing. B. The streets shall be posted as private streets by standard street signs. C. The Planning Board may allow up to twenty-five (25) percent of streets within the development to become public streets when appropriate. D. All dwelling units to be sold must have either frontage or permanent easement access to a public street. (i) Utility Requirements. The development shall be served by both a public water and public sewerage system. (j) Homeowners Association Requirements All parks, open space and other common areas shall be maintained by a homeowner's association or equivalent entity as provided in (d) of this Chapter. The applicant shall provide all documentation and instruments required under this section for review by the City Attorney to Reserved Page 75 of 372

76 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 4, Special Districts Division 4. Special Districts Special District regulations below provide the framework for zoning districts to be created in appropriate areas throughout the City. The district boundaries of the Special Districts shall be established through an amendment to the Zoning Ordinance as set forth in Article III, (b), and Article IV, , Zoning Amendments Higher Education District (HE) Purpose: this district is intended to permit the location and growth of institutions of higher education in areas appropriate for such use. This section implements the following Master Plan recommendations Require higher education facilities (HEFs) to maintain their site plan Require HEF s to submit for approval any requested additions to an existing HEF (a) Establishment of HE District Prior to the establishment of an HE District by the Board of Alderman, an applicant shall present a Master Site Plan of the proposed District to the Planning Board for approval. The Master Site Plan may be processed concurrent with a request to rezone any lot(s) or parcel(s) to an HE District, pursuant to , and shall constitute the site plan for any lot or parcel after it is approved This plan shall show: (1) Adjacent properties sufficiently to identify surrounding uses and potential impacts on them by the applicant s plan; (2) The location and capacity of all off-street parking spaces; (3) Internal traffic circulation plans, including traffic ingress and egress locations; and (4) For new facilities, estimates of traffic load impacts on surrounding public streets. (b) Permitted Uses Colleges, Universities, Junior Colleges and other educational institutions of higher learning are permitted in a Higher Education District. The following uses are considered accessory to the permitted uses in a Higher Education District: ACCESSORY USES NAICS LBCS Function Activity Structure Dormitories Gymnasium Libraries Museums and Art Galleries , Swimming Facilities /Natatoriums Outdoor Recreation Fields 7190 Student Unions 4220 Page 76 of 372

77 Article III, Zoning Division 4, Special Districts Land Use Code City Of Nashua, New Hampshire ACCESSORY USES NAICS LBCS Function Activity Structure Amateur radio transmitter Bookstore Churches Concert halls/performance centers Day care and pre-school facilities Floral shops Game Halls , 5380 Gift shops Hair salons and barbers Ice Skating Rink 7130 Parking Structure Restaurants and cafeterias Stadiums (c) Dimensional Standards (1) There is no minimum lot area or minimum lot width requirement for the HE district The minimum building setback from the HE District Boundary shall be twenty-five (25) feet for buildings up to 2 ½ stories or 35 feet in height. (2) A building may be erected up to seventy-five (75) feet provided that the required setbacks are increased by one (1) foot for each foot of building height measured from the outside edge of that portion of the structure that exceeds thirty-five (35) feet up to a maximum of 6 stories. (3) Parapet walls may be erected as necessary to screen rooftop equipment if the walls extend around the perimeter of the building and incorporate exterior building materials similar to those of the main building. Parapet walls subject to this subsection are exempt from the height restrictions. (d) Parking (1) Parking areas shall set back a distance of 25 feet from the district boundary (2) Parking is not required for upper story dwellings above a first floor commercial or office use. (3) All parking areas within the same block should be designed to allow interconnection to neighboring parking areas. (e) Transportation Five foot-wide sidewalks shall be required along the streets of lots or parcels to be developed. Such sidewalks shall connect to the major entryways of buildings. Sidewalks shall be so designed as to tie to existing sidewalks within or abutting the district. Page 77 of 372

78 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 4, Special Districts (f) Building Design (1) All roof-mounted equipment, including satellite dishes and other communication equipment shall be screened to the extent possible so as not to be visible from any public right-of-way by a parapet or similar structure that is similar to the architectural style of exterior elevation of the principal building. The equipment should not be visible from recreation trails or from public sidewalks adjacent to the building. Communications towers are subject to (2) All equipment and activities shall be screened and placed so as to minimize noise disturbance on any neighboring property. (3) Exterior lighting used to illuminate the premises and/or advertising copy shall be directed away from adjacent properties, and shall conform to Article III, Division 8. (4) Architectural elevations of all buildings and structures in the District shall be submitted for review and approval by the Planning Board. Particular attention will be paid to those facades that are visible from a public street. The review by the Planning Board shall be conducted with attention to proposed architectural features, details, materials, and colors of buildings and structures. The Board may require modification to the proposed designs and may impose conditions in granting approval. Key elements that may be reviewed include: - Façade design and features - Window size, style and placement - Exterior materials & color - Roof Form - Sign location and design (5) In those cases where the proposed building or structures will be within twenty (20 ) feet of the District setback, the architectural design shall recognize and respect the architectural character of the existing adjacent neighborhood in terms of scale and proportion. (g) Site Plan (1) No building shall be erected or constructed, and no development shall occur, unless and consistent with the Master Site Plan approved by the Planning Board. (2) An updated Master Site Plan may be concurrently submitted to the Planning Board for proposed new building, construction, or development not consistent with the existing Plan on record. Page 78 of 372

79 Article III, Zoning Division 4, Special Districts Land Use Code City Of Nashua, New Hampshire Medical District (MD) Purpose: The MD Medical district is intended to accommodate medically oriented businesses and facilities. Medical Districts ( MD ) accommodate medical centers, hospitals and all their normally related functions, if properly sited in relation to each other and pursuant to an approved plan for that district. These standards are designed to ensure that developments in the MD are functionally integrated with other buildings and parking areas and in substantial conformity with a Master Site Plan. This section implements the following Master Plan recommendations: Consider if the zoning ordinance, as it relates to medical services generally, needs to be revised to include provisions for a Medical Services District and related use and dimensional requirements. Any hospital or medical facility expansions need to recognize and protect adjacent residential areas from unreasonable impacts. (a) Establishment of MD District Prior to the establishment of a MD District by the Board of Alderman, an applicant shall present a Master Site Plan of the proposed District to the Planning Board for approval. The Master Site Plan may be processed concurrent with a request to rezone any lot(s) or parcel(s) to a MD District, pursuant to , and shall constitute the site plan for any lot or parcel after it is approved. This plan shall show: A. current and anticipated uses of the property; B. adjacent properties sufficiently to identify surrounding uses and potential impacts on them by the applicant s plan; C. the location and capacity of all off-street parking spaces,; D. internal traffic circulation plans, including traffic ingress and egress locations; and E estimates of traffic load impacts on surrounding public street system. (b) Uses permitted. (1) Hospitals and health care providers are permitted in a Medical District. The following uses are accessory uses within an MD District: ACCESSORY USES NAICS LBCS Function Activity Structure Ambulatory and outpatient care services Blood and organ banks Diagnostic Imaging Centers Dormitories Emergency Response Centers Family planning and outpatient care services day care homes Hospitality houses Hotels Kidney Dialysis Centers Medical and Diagnostic Laboratories Medical and Nursing Schools , Parking structures, public or private, subject to the standards in subsection (c), below. Pharmacies Physical therapy establishments Page 79 of 372

80 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 4, Special Districts ACCESSORY USES NAICS LBCS Function Activity Structure Residential care and treatment facilities Bookstore Day care and pre-school facilities Floral shops 2141 Gift shops Hair salons and barbers 2600 Restaurants and cafeterias Uses Allowed By Conditional Use Permit NAICS LBCS Function Activity Structure Communication towers subject to Heliports 5640 Dwelling units ,1200 (c) Dimensional Standards (1) There is no minimum lot area, minimum lot width, requirement for the MD district. The minimum building setback from the MD District Boundary shall be thirty (30) feet. The Planning Board shall have the authority to modify the set back requirements when the plan is in conformance with the Nashua Master Plan. (2) A building may be erected up to ninety (90) feet up to a maximum of 6 stories provided that the required setbacks are increased by one (1) foot for each foot of building height measured from the outside edge of that portion of the structure that exceeds thirty-five (35) feet up to a maximum of 6 stories. (3) For purposes of this section, the land area used to compute the open space percentage shall include the entire area subject to the Site Plan or Master Site Plan. (4) Parapet walls may be erected as necessary to screen rooftop equipment if the walls extends around the perimeter of the building and incorporates exterior building materials similar to those of the main building. (d) Parking (1) There is no maximum parking ratio for buildings in the MD district. (2) Parking areas shall be set back a distance of 25 feet from the MD Boundary. For through lots, parking should be located between the principal building and the street that carries less traffic, but no closer than 10 feet from the front property line. (3) Parking is not required for upper story dwellings above a first floor commercial or office use. (4) All parking areas within the same block should be designed to allow interconnection to neighboring parking areas. (e) Street Design and Transportation Six foot-wide sidewalks shall be required along the streets of lots or parcels to be developed. Such sidewalks shall connect to the major entryways of buildings. Sidewalks shall connect to existing sidewalks within or abutting the district. Page 80 of 372

81 Article III, Zoning Division 4, Special Districts Land Use Code City Of Nashua, New Hampshire (f) Building Design (1) All roof-mounted equipment, including satellite dishes and other communication equipment, shall be screened to the extent possible so as not to be visible from any public right-of-way by a parapet or similar structure that is similar to the architectural style of exterior elevation of the principal building. The equipment should not be visible from recreation trails or from public sidewalks adjacent to the site. (2) All equipment and activities shall be screened and placed so as to minimize noise disturbance on any neighboring property. (3) Exterior lighting is required for all employee and visitor parking areas, walkways, and building entrances and exits. Exterior lighting used to illuminate the premises and/or advertising copy shall be directed away from adjacent properties, and shall relate to the scale and location of the development. Article III, Division 8 (Lighting) shall not apply to the MD District. (4) Architectural elevations of all buildings and structures in the District shall be submitted for review and approval by the Planning Board. Particular attention will be paid to those facades that are visible from a public street. The review by the Planning Board shall be conducted with attention to proposed architectural features, details, materials, and colors of buildings and structures. The Board may require modification to the proposed designs and may impose conditions in granting approval. Key elements that may be reviewed include: - Façade design and features - Window size, style and placement - Exterior materials & color - Roof Form - Sign location and design (5) In those cases where the proposed building or structures will be within twenty (20 ) feet of the District setback, the architectural design shall recognize and respect the architectural character of the existing adjacent neighborhood in terms of scale and proportion. (g) Master Site Plan No building shall be erected or constructed, and no development shall occur, unless and consistent with the Master Site Plan approved by the Planning Board Reserved Page 81 of 372

82 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 4, Special Districts Transit-Oriented Development ( TOD ) The Transit-Oriented Development District encourages a mixture of residential, commercial, and employment opportunities within identified commuter rail station areas or other high capacity transit areas This Section promotes transit supportive development, ensure access to transit, and to limit conflicts between vehicles and pedestrians and transit operations and allows for a more intense and efficient use of land at increased densities for the mutual re-enforcement of public investments and private development. Uses and development are regulated to create a more intense built-up environment, oriented to pedestrians, to provide a density and intensity that is transit supportive. The development standards encourage a safe and pleasant pedestrian environment near transit stations by encouraging an intensive area of shops and activities, by encouraging amenities such as benches, kiosks, and outdoor cafes, and by limiting conflicts between vehicles and pedestrians. A TOD is restricted to areas within one-half (½) of a mile of an existing or planned transit station, which area is equivalent to a 10-minute walking distance. This section implements the following Master Plan recommendations: Enhance existing commercial areas with improved landscaping, aesthetics, signage, nighttime light pollution, architectural design, traffic flow and coordination with abutting land uses whenever the opportunity presents itself. Encourage increasing residential and employment densities as in-fill in established neighborhoods to increase transit ridership, particularly in downtown areas with access to the forthcoming Broad Street Parkway. A planned transit station is a station proposed for development that meets the following criteria: (a) A site plan/design of sufficient detail to accurately describe the location, size, and type of the facility and any support facilities has been prepared and is on file in the appropriate city or state department, agency or office; (b) Not less than 50% of the estimated funding necessary to develop the Transit Station has been appropriated, earmarked or otherwise secured for the project, and (c) The Transit Station is included in the state s 10-year Transportation Improvement Plan, the City s Capital Improvements Program, or other similar state or city funding plan or program. Page 82 of 372

83 Article III, Zoning Division 4, Special Districts Land Use Code City Of Nashua, New Hampshire (a) Applicability The provisions of this section apply to any Use or Development located within a Transit-Oriented Development ( TOD ) District. (b) Processing Procedures Development consistent with the regulations established herein may occur as of right in any Transit Oriented Development District, subject to the locational restrictions of subsection (d), below. (c) Locational Criteria The Board of Aldermen, upon recommendation by the Planning Board as provided in section , shall define the area where it finds that land area will support transit usage because of the nature of existing or proposed development, street system, public transportation to the Transit Station, or other relevant factors. (d) Uses and Density Purpose and Findings: Because most transit users will walk only one-quarter to one-half of a mile to a transit facility, transit influence areas require high densities on small areas of land. The City therefore finds and determines that uses inconsistent with transit will undermine the most efficient use of limited land areas within a TOD, and may render the transit system unworkable. Accordingly, the uses permitted within the TOD District are those which are dependent upon, or which may generate, a relatively high level of transit usage. Uses that would interfere with transit usage and which generate few transit trips are not permitted. Further, the City finds and determines that minimum levels of density as set forth in Table 46-1 are required to support transit ridership, and that lower levels of density will not support transit ridership and will create unacceptable levels of vehicular congestion. (1) Any uses permitted in the R-C or D zoning districts are permitted in the TOD district. In addition, research and development offices are permitted as a conditional use. (Use Matrix, 16-26, Table 26-1 of this Chapter). (2) Site plan suitability report Within the TODs, all site plans submitted to the Planning Board for approval in accordance with this Section shall be accompanied by a site plan suitability report, including appropriate studies, drawings, plans and illustrations, which shall address the following relevant factors: A. Analysis of the ability of the proposed use and existing uses to coexist and the potential impacts that proposed and existing adjoining and surrounding uses and buildings may have upon one another. B. Analysis of any impacts on significant natural, architectural, visual or aesthetic qualities of the surrounding environment. C. Analysis of the health and safety impacts on customers, residents, employees and the general downtown and inner city population. D. Analysis of economic or property value impacts. E. Analysis of traffic and parking impacts. F. Analysis of the adequacy of existing municipal facilities and services. G. The consistency of the site plan with the TOD objectives and guidelines established by this Section, the master plan and sound planning and development principles. Page 83 of 372

84 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 4, Special Districts Prior to the preparation and submission of a site plan and site plan suitability report, the applicant shall hold preliminary review sessions with the planning department and/or Planning Board to solicit their comments and recommendations. (3) The requested base densities, in terms of number of units per gross residential acre and total number of dwelling units shall be set forth in the application for rezoning or site plan approval. The Application shall comply with Table 46-1, below.. The density for the particular use shall be at least the amount set forth in Column (B) for residential uses, and shall not exceed the amount shown in Column (C). The floor area ratio (FAR) for the particular use shall be at least the amount set forth in Column (D) and shall not exceed the amount shown in Column (E). Table 46-1 Dimensional Standards, "TOD" District (A) (B) (C) (D) (E) Location/Size Minimum Density Maximum Density Minimum FAR Maximum FAR TOD (e) Modification of dimensional, density and other regulations The Planning Board, in determining the acceptability of proposed site plans within mixed use districts, shall have the authority to modify the dimensional, density and other regulations of the underlying districts in accordance with section (g) below. The authority granted to the Planning Board by this section shall apply to all uses contained within or approved as a part of a development submitted in accordance with the provisions of this Section. (f) Guidelines for site plan evaluation The following TOD guidelines are an extension of the enabling purpose and objectives of this Section. The guidelines are intended to provide the Planning Board with the criteria to evaluate site plans and site plan suitability reports required by subsection (e), above, and to determine whether a site plan submitted under this Section should be approved, approved with conditions, or denied. In approving any site plan under the provisions of this Section, the Planning Board may modify or waive any of the criteria below, or require in a reasonable manner as a condition of approval any and all specific treatments of the criteria listed in this section as it deems necessary to meet the purpose of this section as set forth in the purpose statement above. (1) Dimensional and density requirements The base dimensional and density requirements of the underlying zone shall apply to proposed uses allowed within projects submitted in accordance with this Section. The Planning Board may vary the dimensional requirements of the underlying zone subject to a report by the planning director in consultation with the code and fire departments. The specific per-unit lot area requirement for developments incorporating residential uses shall be removed. Residential uses may be included within the allotted floor area without Page 84 of 372

85 Article III, Zoning Division 4, Special Districts Land Use Code City Of Nashua, New Hampshire limitation per se on the total number of units per acre. The purpose of this section is to provide additional design flexibility, and is subject to the Planning Board's finding that the development adequately addresses and satisfies the requirements of this Section. The underlying zone shall be utilized for purposes of calculating allowed densities of development appropriate for the area. (2) Building and site design: A. Proposed building massing, proportions, spacing, scale, setbacks, orientation, facade treatment, height and roof lines should be integrated and compatible with surrounding area. B. Exterior building and paving materials and details shall be of a composition, scale and form compatible with the site and building environment. C. Buildings should be designed in context with clusters of buildings that present a distinct or unified architectural pattern and scale. D. Buildings shall be oriented to enhance, maintain and protect unique or significant internal and external view corridors and vistas. (3) Building rehabilitation: A. The removal, covering or alteration of significant architectural features shall be avoided unless shown to be economically unfeasible and the architectural and aesthetic characteristics of the building and its compatibility with surroundings can be preserved in some other way. B. Building design, materials and details shall be replicated where feasible. C. Replacement elements and features, where replication or reapplication is not feasible, shall be in harmony with the scale, design, texture and composition of original building elements. D. The Planning Board may require the state Historic Preservation Office or the Nashua Historic District Commission to review and report on plans for buildings within either National Register or local historic districts. (4) Circulation: A. Vehicular and pedestrian facilities shall be designed to serve both existing and proposed buildings and provide for safe, unified and efficient access pattern that is coordinated with existing and planned roads and sidewalks. Vehicular and pedestrian access improvements shall be reviewed by the city traffic engineer. B. Adequate access for safety, fire and emergency vehicles shall be available and approved by the fire department. C. Provisions for public transit connections and stops should be provided where deemed necessary and appropriate by the public transit agency. (5) Parking: A. Adequate off-street parking shall be available within one thousand (1,000) feet of a TOD and a suitable parking location and management plan shall be Page 85 of 372

86 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 4, Special Districts established that will not adversely impact off-site circulation conditions and parking availability. B. A minimum of one (1) off-street parking space shall be provided for each dwelling unit. Parking regulations defined by shall apply to all other nonresidential uses permitted within the TOD except where modified by this Section or following review and report from the planning director in consultation with the traffic engineer. C. Off-street loading regulations defined by of this Chapter for all uses permitted within the TOD. D. Landscaping and screening shall be provided in conformance with Article V, Division 7 as a means to break up the visual monotony and impervious surface area of parking facilities. (6) Open space; landscaping: A. Landscape plans shall conform to Article V, Division 7. B. Any Nashua and Merrimack riverfront open space present shall be retained and expanded. Public and private visual and physical access to riverfront open space shall be made available. All open space and landscape plans should be consistent with the city's Central Nashua Riverfront Plan if applicable. C. Open space and landscaping shall be incorporated and, where practical, provide visual and physical links to parks, plazas, squares and Main Street. D. Open space and landscaping shall be provided to accentuate points of access and pedestrian activity. (7) Lighting: A. Lighting sources shall be of an appropriate design and located at strategic locations to provide a safe environment and to accentuate important points of activity, access and building features of landmark proportions and details. B. Lighting sources shall be adequately shielded to avoid glare. C. All new construction and rehabilitation projects shall conform to city minimum lighting standards. (8) Signage: A. All rooftop signs and billboards are not permitted as part of site plans for uses permitted by subsection (b) unless approved by the Planning Board following review and report by the zoning administrator. B. All signs shall conform to Article III, Division 9 (Sign Regulations) of this chapter, except as modified by this section. C. Thematic or display banners incorporated as part of new construction and rehabilitation projects may be introduced if they are of a suitable size, color and graphic design to enhance the site and building environment and assist in enlivening and defining a building or space. Page 86 of 372

87 Article III, Zoning Division 4, Special Districts Land Use Code City Of Nashua, New Hampshire D. All directional and advertising signs shall conform to Article III, Division 9 of this Chapter and shall be of a scale, color and materials consistent with the building, property and surrounding environment. (g) Adequate Public Facilities The Adequate Public Facilities Standards, Article V, Division 3 of this Chapter, shall not apply to any application for site plan approval within a TOD. (h) Lot Arrangement and Dimensions The front setback shall be established as follows: (1) Minimum front setback: 0 feet from the edge of the sidewalk. A minimum setback of five (5) feet from the property line shall be required where street tree planting is required pursuant to Article V, Division 7 of this Chapter. (2) Maximum front setback: 15 feet to Reserved Division 5. Supplemental Use Regulations Accessory Uses and Structures (a) Dimensional Standards In residential, commercial and industrial districts, a detached accessory building shall comply with the following: (A) (B) Standard Requirement Maximum percent of front or rear yard 25% Minimum front setback 20 feet Minimum side or rear setback 6 feet Maximum height, within 10 feet of property line 12 feet Maximum height, more than 10 feet of property line 20 feet An accessory building attached to the principal building shall be considered an integral part thereof and shall be subject to front, side and rear yard requirements applicable to the principal building. (b) Campers See Accessory Dwelling Units and Accessory Apartments (a) Applicability This section applies to any Accessory Dwelling or Accessory Apartment. Page 87 of 372

88 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (b) Standards (1) The Accessory Dwelling or Accessory Apartment shall be clearly incidental and subordinate in extent, use, and purpose to the primary structure and does not exceed thirty (30) percent of the gross floor area of the structure up to a maximum of seven hundred (700) square feet. (2) The Accessory Dwelling or Accessory Apartment shall be the only accessory dwelling unit within the one-family dwelling. (3) The Accessory Dwelling or Accessory Apartment shall not alter the single-family character or appearance of the single-family dwelling or its conformity with the character of the neighborhood. (4) Is not used for rental purposes by persons other than blood or marriage relatives of the one family dwelling of which it is a part, or by individuals related to occupants of the primary dwelling though adoption, or other legally sanctioned or created arrangement. (5) The owner of the property must occupy either the primary or accessory dwelling unit. (6) The owner of the property shall provide the City of Nashua with a covenant for filing with the Hillsborough County Registry of Deeds, along with the appropriate filing fees. The covenant shall read substantially as follows: " of covenants and agrees that the property located at contains an accessory dwelling as defined by the City of Nashua Land Use Code (NRO Chapter 16, Article X, Division 1). That use of the property is permitted as a special exception granted by the Zoning Board of Adjustment on,. The continued use of the accessory dwelling unit is conditioned upon compliance with all current and subsequently adopted ordinances and statutes applicable to the property." to Reserved Attached Dwellings Purpose: the purpose of this section is to provide reasonable, pedestrian-friendly design standards that accommodate a variety of housing types while protecting surrounding neighborhoods. This section implements the Housing Element of the Master Plan. (a) Multi-Family Development Purpose: the purpose of this Section is to provide reasonable design standards for multi-family residential developments that: provide design flexibility; accommodate affordable housing for current and future residents of the County; protect the health, safety and general welfare of the general public and occupants of the units; protect the property values of surrounding dwelling units; Page 88 of 372

89 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire promote a pedestrian-friendly, walkable streetscape; and provide for aesthetically pleasing development patterns. (1) This Section applies to Multi-Family Dwelling Units as permitted by the Use Matrix ( 16-26, Table 26-1 of this Chapter). (2) For developments over 10 acres, common open space areas shall be required in accordance with the Parks and Open Space Standards (Article V, Division 9) of this Chapter. The Planning Board may waive up to fifty percent (50%) of the open space requirement if all units within the development are located within 1,000 feet of a public park as measured along a public sidewalk, trail or bikeway. The open space requirements of this Section shall not apply to multi-family residential developments which are second floor units above first floor commercial development, or to any residential developments in the D zoning district that are located above the first floor. Open space provided pursuant to this requirement shall be accessible to all residents of the development and shall measure at least thirty (30) feet across its narrowest dimension. (3) Sidewalks or pedestrian walkways shall be constructed within the interior of the development to link residential buildings with other destinations such as, but not limited to: parking, adjoining streets, mailboxes, trash disposal, adjoining sidewalks or greenways and on-site amenities such as recreation areas. These interior sidewalks or pedestrian walkways shall be constructed in accordance with the standards for sidewalks as set forth in of this Chapter. Sidewalks, in combination with curbs, shall be required adjacent to all public streets that provide access to the development. Such improvements may be subject to road widening and other related improvements. (4) All utility lines shall be located underground. (b) Room Renting Room renting, where permitted by the Use Matrix ( 16-26, Table 26-1), shall comply with the following: (1) no more than four roomers are permitted per dwelling unit; and (2) parking areas shall be located only within the rear yard and outside of any required setback. Parking areas shall not exceed fifty percent (50%) of the rear yard Bed and Breakfast The purpose of this section is to regulate bed and breakfast establishments within the city. Such establishments as specified by zoning district are subject to the conditions of this section. (a) The individual or family who operated the bed and breakfast facility must occupy the house as their primary residence. (b) The maximum number of permitted guest rooms per bed and breakfast establishment within each zoning district shall be as indicated in the following table. Any bed and breakfast establishment with more than twelve (12) guests rooms shall be considered a hotel and shall comply with the zoning provisions for such uses. Page 89 of 372

90 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations Table 65-1 Bed & Breakfast Guest Rooms Zoning District R-A, R-B, R-C* Number of Guest Rooms LB, GB 10 D 12 *Up to 7 additional guest rooms may be permitted in the R- C District by Special Exception 3 (c) No signs are permitted within residential districts except for a nameplane not exceeding one (1) square foot in size and consisting of the name of the establishment only. This nameplane may be attached to the building, gatepost, gate, or other permanent fixture to allow visibility from the street. (d) One (1) off-street parking space per guest room shall be provided in addition to the required offstreet parking for the owner/operator. Tandem parking is allowed. However, except for the driveway, the front yard shall not be used for parking. (e) Food services and alcohol may only be provided to overnight guests of a bed and breakfast facility pursuant to applicable state and county regulations Campers For the location of a recreational vehicle or camper on a lot in a residential district, the following requirements apply. (a) Storage A camper owned by a property owner or lessee may be stored or parked on the premises of the owner or lessee during periods of non-use in any residential district, providing the camper remains mobile. A camper not registered to operate on public highways must be located so as to comply with the minimum setbacks for a structure situated in the zoning district where the camper is located. (b) Guest stationing Any property owner or lessee in any residential district may accommodate one (1) camper of a nonpaying guest for a period not to exceed thirty (30) days in any one (1) calendar year, provided that: 1. Notification of guest stationing is furnished to the Administrative Officer within seventy-two (72) hours after arrival of the camper. Such notification may be given orally or in writing, and the Building Department Manager shall then enter it upon his records and shall issue a permit. 2. No water or sanitary facilities within the camper shall be used unless connected with a disposal system approved by the health officer and the plumbing inspector, both of whom shall give written approval thereto Child Day Care Facilities All child care facilities shall comply with the requirements of this section as well as the provisions of RSA 170-E, Child Day Care, Residential Care, and Child-placing Agencies. (a) A child day care facility as a principal use is subject to the following standards: Page 90 of 372

91 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (1) All child day care facilities shall be located on lots that have direct access to and from a collector or arterial street, or access to a street which shall be physically improved in order to fulfill the function and meet the standards of a collector street; (2) Outdoor activity areas for child day care facilities shall be enclosed by fences and shall not be located in the front yard of a residential district. Where the lot is located within or adjacent to a residential district, the enclosure shall be a solid fence made of wood or other suitable material not more than six (6) feet in height which shall be erected and maintained in good condition around the outdoor activity area. (b) Child day care facilities located within a dwelling unit and providing care for more than three (3) children, are subject to the following standards and requirements: (1) The child day care facility shall be subordinate to a single-family detached dwelling; and (2) The maximum capacity of a child day care facility shall be twelve (12) children; and (3) A child day care facility providing care for six (6) or more children shall be located on a lot that conforms to the minimum dimensional standards for the applicable zoning district established in Section 16-27, Dimensional Regulations, of this Chapter; and (4) There is on-site parking for the principal residential use; (5) Outdoor activity areas for child day care facilities shall not be located in the front yard and shall be enclosed by a solid fence made of wood or other suitable material not less than six (6) feet in height which shall be erected and maintained in good condition around the outdoor activity area. (6) No signs shall be permitted except for a nameplane not exceeding one (1) square foot in size and attached flat to the main structure. (c) Child day care facilities accessory to a principal nonresidential use are subject to the following standards and requirements: (1) Where the child day care facility is located in a separate building more than five hundred (500) feet from the building in which the principal nonresidential use is located parking shall be provided in addition to the parking required for the principal nonresidential use; and (2) Outdoor activity areas for child day care facilities shall be enclosed by fences. Where the facility is located within or adjacent to a residential district, the outdoor activity area shall be enclosed by a solid fence made of wood or other suitable material not less than six (6) feet in height which shall be erected and maintained in good condition around the outdoor activity area. (d) Outdoor play for any child day care facility located within any residential district is restricted to the hours of 9:00 a.m. to 6:00 p.m. Page 91 of 372

92 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations Churches, Synagogues, and Places of Religious Worship; and Community Centers (a) Applicability This section applies to any churches, synagogues, parish houses, Sunday school buildings, convents and similar uses and their customary uses including child care on the premises during worship services, as defined in the Use Matrix ( 16-26, Table 26-1). (b) Standards Churches shall comply with all of the Dimensional Standards for the applicable zoning district, provided: (1) Within any R-40, R-30, R-18, R-9, R-A, or R-B zoning district, the maximum height shall be 36 feet or three (3) stories, subject to any height exemptions prescribed in 16-27(i); and (2) Within any Residential Zoning District, no off-street parking shall be located within the front yard Communications Towers and Antennae Purpose and Findings: In order to accommodate the communication needs of residents and businesses while protecting the public safety and general welfare of the community, the city finds that these regulations are necessary in order to: Facilitate the provision of wireless telecommunication services to the residents and businesses of the city; Minimize adverse visual effects of communications towers and antennas through careful design and siting standards; Minimize economic impacts on adjacent property values; Avoid potential damage to adjacent properties from tower failure through setback requirements; and Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. (a) Citywide tower and antenna location plan A citywide tower and antenna location plan for all communications towers and antennas anticipated by the applicant must be submitted by the applicant prior to or at the time of the application to the Planning Board. The planning staff shall review the proposed plan to ensure its consistency with the provisions of Ord. No. O , and specifically this subsection and the purpose statement recited above. Said plan shall then be forwarded to the Planning Board with a recommendation from the staff. Upon approval of the Planning Board, all antennas shall be installed consistent with said plan. Any amendment to the plan shall be reviewed by the planning staff for consistency with the original plan, including but not limited to such factors as number, type, and location of antennas, and forwarded to the Planning Board with any future requests for exceptions based on the plan, along with the recommendation of the staff regarding the amendment to the plan. Page 92 of 372

93 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (b) Standards No conditional use permit shall be approved by the Planning Board unless the communications tower complies with the criteria established in subsection (c) through (l) of this section. The Planning Board may waive the requirements of subsection (c) (location) and (e) (height) to the extent necessary to resolve any gap in service where required by the Federal Telecommunications Act of The Administrative Officer shall provide notification as required by RSA 12-K:7(I). (c) Tower locations (1) New free-standing communications towers shall not be located closer than one (1) mile from any existing or approved communications tower. (2) All communications towers must be located the greater of one hundred (100) feet from all lot lines or the towers' height from all lot lines of abutting residential properties. (3) In all cases, communications towers must meet the minimum setback requirements of the underlying zoning district. (4) Only one (1) communications tower is permitted on any one residentially zoned parcel. (5) The Planning Board shall find that a complete assessment of locations in order of priority has been undertaken and completed, and that higher priority uses are exhausted or unfeasible. All communications towers erected, constructed, located, replaced, altered, or extended within the city shall comply with the following requirements: A. Communications towers and antennas shall be located using the following priority: On existing buildings; On other existing structures including but not limited to water tanks and utility transmission poles; On existing communications towers; On new structures under (50) feet; and On new communications towers. B. Any proposed communications tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred (100) feet in height or for at least one (1) additional user if the tower is less than one hundred (100) feet in height. All users are to be charged industry standard rates on a competitively neutral and non-discriminatory basis. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. (d) Design Where reasonably practicable, all proposed or modified towers and antennas shall be designed to blend into the surrounding environment the use of color and camouflaging architectural treatments, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. The Planning Board may require such architectural treatments or other design techniques as it deems necessary in order to meet the provisions of this paragraph. (e) Height The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower including all antennas or other Page 93 of 372

94 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations attachments. When towers are mounted upon other structures, the combined height of the structure and tower shall be used in determining compliance with the tower location requirements set forth in subsection (d), above. (f) Lighting No communications tower or antenna shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, or other illuminating devices, except as required by the Federal Aviation Agency or the Federal Communications Commission. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas or U.S. flags may be attached to the tower. (g) Signs and advertising The use of any portion of a tower for signs or advertising purposes is prohibited, with the exception of the provisions of subsection (j), below. (h) Communications tower safety No communications tower shall have constructed thereon, or attached thereto, in any way, any planform, catwalk, crow's nest, or like structure, except during periods of construction or repair. Every communications tower affixed to the ground shall be protected to prohibit climbing of the tower by unauthorized persons. At a minimum, the tower base and associated equipment shall be surrounded by a fence of a design agreeable to the zone and in keeping with the character of the site, of at least six (6) feet in height if practicable. (i) Accessory utility buildings All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by minimum Type B buffer as set forth in (b)(2), except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. (j) Antennas as an accessory use Antennas are allowed as an accessory use on signs or their associated structural supports, lighting poles or other similar structures, provided that the structure otherwise conforms to the City Code, and that the nature of the structure is not substantially altered by the addition of the antenna, and that the antenna is mounted no more than twenty (20) feet above the existing height of the structure. (k) Additional submittal requirements In addition to the information required elsewhere in this Chapter and regularly required by the Planning Board, and all other information deemed necessary to evaluate the request, development applications for towers shall include the supplemental information required by Article X, Division 2. (l) Abandoned or unused towers, portions of towers, or antennas Abandoned or unused towers, portions of towers, or antennas shall be removed as follows: (1) All abandoned or unused towers and associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the Administrative Officer. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within (12) months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the commercial wireless telecommunications service or the property owner. Page 94 of 372

95 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (2) All owners of commercial wireless telecommunication towers shall obtain and maintain a bond, with limits of ten thousand ($10,000.00) per tower to cover the cost of removal of abandoned, unused towers or portions of towers. A bond certificate shall be submitted to the City of Nashua thirty (30) days before final approval to erect the tower. The amount of said bond shall be reviewed by the planning staff every five (5) years to ensure the amount of the security is adequate and may be increased if necessary Commercial Retrofit or Greyfield Redevelopment Greyfield Mall with Large Parking Area Redevelopment with urban blocks and streets This Division encourages the redevelopment of existing shopping centers, big-box retail sites, and other sites characterized by large expanses of surface parking into a development pattern that is pedestrian friendly, compatible with surrounding development, provides a visually attractive site design, and which reduces reliance on the automobile for vehicular trips. This section implements the following Master Plan recommendations: Encourage and support businesses that reduce employee and product-related vehicle trips. Encourage and support businesses that are working to reduce dependence on fossil fuels and other non-renewable resources. (a) Applicability Existing parking lots adjoining the frontage of any site located within the GB, HB, PI, or GI zoning districts may be replaced with buildings. (b) Size and Location of Site No minimum parcel size is required. (c) Uses and Density Development may consist of the following activities: (1) The construction of additional buildings between a collector street right-of-way and the existing buildings (hereinafter Additional Buildings ). The facades of the Additional Buildings which face the public right-of-way and the existing buildings on the lot, tract or Page 95 of 372

96 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations parcel shall conform to the building design standards for the D-1 Downtown District ( 16-31). (2) Apartments may be placed above new or existing office or retail uses. The height of buildings adding above-ground apartments shall not exceed that designated in Table 70-1, below. Table 70-1 Zoning District LB GB HB PI, GI Other districts Commercial Retrofit Mixed Use Height Limits Existing Number of Stories Additional Stories of Apartment Use Permitted or more or more or more or more or more 2 (d) Adequate Public Facilities The Adequate Public Facilities Standards (Article V, Division 3) shall not apply to a Commercial Retrofit. (e) Site Design The additional buildings shall have a facade oriented to the principal buildings and a façade facing the frontage line. The facades facing the principal buildings shall conform to the building design standards for the D-1 Downtown District ( 16-31). (f) Open Space and Parks A Commercial Retrofit is not subject to the Open Space, Parks, Recreation and Civic Space Standards of this Chapter (Article V, Division 9), provided, however, that a Commercial Retrofit may provide plazas, courtyards, or forecourts. (g) Conservation Regulations A Commercial Retrofit is not subject to the Conservation Regulations of this Chapter (Article V, Division 5). (h) Parking (1) Parking areas shall adjoin buildings to the rear. Parking areas shall not adjoin buildings at the front or the primary entryway. Additional parking may be placed to the rear of the principal buildings so long as the number of spaces for the entire site do not exceed the maximum parking requirements of this Chapter (Article V, Division 8, , Table 588-1). (2) Parking areas may be connected to rear parking lots on adjoining properties in order to allow customers to drive to other locations without re-entering the major street network and adding to traffic volumes. (3) Service entrances and service yards shall be located only in the rear or side yard. (4) Not more than four (4) rows of parking may be placed between the existing buildings and any buildings constructed between the existing buildings and the street right-of-way pursuant to this subsection Reserved Page 96 of 372

97 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire Conservation Subdivisions Conventional, large-lot subdivision Conservation subdivision This option provides flexibility in site design in order to allow developers to preserve common open space and natural resources. The specific purposes of this Section are: To protect the public health, safety and general welfare by avoiding surface and ground water pollution, contaminated runoff, air quality contamination, and urban heat islands which result from pavement and the clearing of natural vegetation To protect and preserve natural resources such as wetlands, streams, lakes, steep slopes, woodlands, and water recharge areas. To reduce infrastructure and housing costs by reducing the engineering and construction costs produced by conventional subdivision design, which requires more pavement, wetland crossings, grading of trees and natural areas, and maintenance from lawn and landscaping maintenance. To protect property values by allowing open space design features which enhance the marketability of development. To provide design flexibility. To promote development on soils which are most suitable for urban densities, while preserving soils that are primarily adaptable to other uses such as woodlands, wildlife habitat, and agricultural uses. This section implements the following Master Plan recommendations: Encourage the protection of wildlife habitats through improved land use regulations,...and the setting aside of such land in Cluster Developments and Planned Residential Developments (PRDs) (Conservation Element). Ensure that an adequate amount of open space is set aside for the enjoyment of citizens, as a relief from the built environment, and as wildlife habitat (Conservation Element). Encourage the use of the Cluster and PRD styles of subdivision development, to enable greater amounts of open space in subdivisions. (Conservation Element) Amend the Cluster and PRD sections of the Nashua Zoning Ordinance to increase the amount of open space required to be set aside and decrease the amount of wetlands that can qualify towards the total open space area. (Conservation Element). Require developers to set aside adequate amounts of accessible and usable recreational land within subdivisions and on large non-residential tracts, where advisable, through the subdivision and site plan approval processes. (Conservation Element) Page 97 of 372

98 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (a) Applicability A Conservation Subdivision is permitted in any Residential Zoning District. (b) Size and Location of Site There is no minimum or maximum size for a Conservation Subdivision provided, however, that the minimum open space requirements may limit the availability of this option for some sites. (c) Uses and Density (1) Permitted uses are governed by the applicable zoning district regulations. (2) The minimum lot size requirements of the zoning district (Article III, 16-27) shall not apply to a Conservation Subdivision. However, a Conservation Subdivision shall not exceed the maximum density permitted by 16-27, Table 27-3 (Dimensional Matrix). [Note: see example below] (3) In order to provide undivided open space for direct views and access, at least forty percent (40%) of the lots within a Conservation Subdivision shall abut a Conservation Area. (4) Direct pedestrian access to the open space from lots not adjoining the open space shall be provided through a continuous system of sidewalks and trails. (5) Additional dwelling unit density may be obtained if the incentive(s) described in Table 72-1 are fully satisfied. Comment: an example of how densities are computed for a Conservation Subdivision is as follows Assume that a parcel is 100 acres and located in the R-40 district. This district permits a maximum density of 1.0 dwelling units per acre for Conservation Subdivisions. The gross acreage is used to compute density. Total permitted dwelling units are 100 (100 gross acres x 1 = 100 dwelling units). For conventional subdivisions, a minimum lot size of 40,000 square feet applies. Assuming that 20% of the tract is used for streets, utility easements, or other non-developable land, total dwelling units (lot yield) is (80 acres in streets/etc. 40,000 = 87 lots). Table 72-1 Conservation Subdivision Bonus Density (A) Incentive An existing natural landscape buffer, which shall be supplemented by additional planting where natural vegetation is sparse or nonexistent, at least two hundred (200) feet in depth along existing public rights-of-way (excluding existing structures which are to be incorporated into the proposed project) and one hundred (100) feet along all project property lines, whose purpose is to provide a natural visual screen between the proposed development and adjacent property and public roads. Providing two hundred fifty (250) square feet per unit or more of developed active recreation facilities such as swimming pools, tennis courts, basketball courts, play lots and ball fields. When recommended by the Planning Board, and confirmed by the Board of Aldermen, a dedication and/or development of land for a public community facility (excluding water or sewer improvements or roads) which is necessary to serve the general area or district in which the development is located, and/or providing two hundred fifty (250) square feet per unit or more of developed active recreation facilities as described above. Such recreation facilities shall be dedicated for public use; shall be consistent (B) Bonus Units (per acre) for tracts not exceeding ten (10) acres to 0.25 units per acre, depending upon the quantity and quality of the dedicated facilities as determined by Page 98 of 372

99 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (A) Incentive with the goals of the city recreation plan; shall be reviewed by the city's parks and recreation director prior to submittal of the plan to the Planning Board and Board of Aldermen. Any dedications secured under this paragraph may be permitted within the required fifty-foot or one-hundred-foot buffer area. Privately operated day nursery or kindergarten facilities providing care for twelve (12) or more resident or nonresident children contained within a freestanding structure (except if associated with a multiple-tenant commercial structure) may be approved by the Planning Board. Such facilities shall be compatible with surrounding land uses and designed in a manner which permits safe and convenient vehicular access and egress. In addition, day nursery or kindergarten facilities shall be subject to the approval and periodic inspection of the city community services division. (B) Bonus Units (per acre) for tracts not exceeding ten (10) acres the Planning Board (d) Site Design (1) A Conservation Subdivision shall comply with Article V, Division 5 of this Chapter, except as otherwise provided herein. (2) Lots within a Conservation Subdivision are not subject to the Minimum Frontage or Minimum Lot Width requirements of the Dimensional Matrix (Article III, 16-27, Table 27-3). (3) Lots within one-hundred (100) feet of a Conservation Area shall front on a Conservation Access Street. Lots shall not front on a Collector or higher order street. (e) Street Design and Transportation (1) A Conservation Subdivision shall comply with Article V, Division 5 of this Chapter, unless otherwise provided, and the provisions of this subsection. (2) The design of Local Streets shall comply with the standards for geometric design, as set forth in (3) The Conservation Subdivision shall include a pedestrian circulation system that connects sidewalks with other sidewalks or with trails, which in turn connects to potential areas qualifying as Conservation Areas on adjoining undeveloped parcels or with existing Open Space on adjoining developed parcels, where applicable. (4) Streets shall not cross existing Slopes exceeding twenty-five percent (25%). (f) Open Space and Parks (1) The Open Space and Parks Standards relating to maintenance ( ) shall apply to a Conservation Subdivision. No other requirements of the Open Space and Parks Standards (Article V, Division 9) apply to a Conservation Subdivision. (2) A minimum of forty percent (40%) of the gross land area (GLA) shall be designated as Conservation Areas. The areas designated in Table 72-2 shall be designated as Conservation Areas. For purposes of computing the percent of GLA within a Conservation Area, the areas designated in Column A of Table 72-2 shall be multiplied by the Function Value Factor in Column B of Table Page 99 of 372

100 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (3) Stormwater management ponds or basins may be included as part of a Conservation Area, as may land within the rights-of-way for underground pipelines. However, land within the rights-of-way of high-tension power lines shall not be included as comprising part of a Conservation Area. (4) Conservation Areas shall abut existing open space land on adjacent parcels, including the Open Space located in other subdivisions, public parks, or properties owned by or subject to easement in favor of private land conservation organizations. (5) No Conservation Area shall be cleared, graded, filled, or subject to construction provided, however, that rights of way for Trails (see Street Design and Transportation Standards); any Streets needed to provide access to the proposed Subdivision; and water, sewer, electric, or cable lines may be cleared. The width of rights of way for Streets or Trails shall be restricted to the minimum as designated in the Street Design and Transportation Standards (Article V, Division 10). (6) Not more than fifty percent (50%) of the wetlands on the site shall be designated as a Conservation Area. Table 72-2 Conservation Subdivision Open Space (A) Area Function Value Factor Wetlands 0.5 Woodlands 1.5 Sensitive aquifier recharge features 0.5 All of the floodway and flood fringe within the 100-year floodplain, as shown on official FEMA maps 0.5 All areas within one-hundred feet of the edge of the 100-year floodplain as delineated on the FEMA maps and any Letter of Map Revision All areas within one-hundred feet of the banks of any stream shown as a blue line on the USGS 1:24,000 (7.5 minute) scale topographic maps for the City of Nashua Steep Slopes (i.e., slopes exceeding 25%) 0.5 Soils subject to slumping, as indicated on the medium-intensity maps contained in the county soil survey published by the USDA Natural Resources Conservation Service and Significant wildlife habitat areas. 1.0 Areas with highly permeable ("excessively drained") soil 0.5 Historic, archaeological or cultural features listed (or eligible to be listed) on national, state or county registers or inventories or Scenic views into the property from existing public roads. 1.0 (B) (g) Parking In order to encourage design flexibility, to preserve open space, and to minimize impervious surfaces, a Conservation Subdivision is not subject to the Minimum Parking Requirements of the Parking Standards (Article V, Division 8) of this Chapter. A Conservation Subdivision is subject to the Maximum Parking Requirements of the Parking Standards of this Chapter. Page 100 of 372

101 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire Drive-Through or Drive-In Uses Purpose: this section minimizes the negative impact that nonresidential uses with drive-through windows create because of the potential additional traffic hazards from vehicles entering and exiting and/or waiting to patronize the facility. (a) Applicability This section applies to any lot or parcel that contains a drive-through facility, or any building or structure that has an attached drive-through facility. A drive-through facility means any window or similar location at which food, merchandise, or services are delivered to a customer while located in a motor vehicle. A drive-through facility may consist of driveway lanes, an ordering station, and a drive-through pick up window. (b) Ingress and egress geometry (1) Individual driveway lanes that are less than twelve (12) feet wide shall exit at least eighty-five (85) feet from any other driveway. (2) Stacking lanes for the drive-through facilities shall be at least ten (10) feet wide. (3) The need for a bypass lane shall be determined at the time of site plan review. If required, the bypass lane shall be at least nine (9) feet wide. (4) Minimum distance for on-site stacking of automobiles (measured from the center line of the pick-up window) shall conform to Table 73-1, below. The stacking distance is measured from the edge of the public right-of-way or, if there is a sidewalk in the rightof-way, the interior edge of the sidewalk, to the edge of the drive-in pick-up window or ordering station, whichever is closest (see subsection (8), below). Table 73-1 Drive-Through Stacking Distances Number of drive-through lanes Stacking distance (5) Where no turns in the drive-through lane are required, the minimum distance to the drivethrough exit from the centerline of the pick-up window shall be sixty (60) feet. (6) Where turns in the drive-through lane are required, the minimum distance to the beginning of the turn from the centerline of the pick-up window shall be forty (40) feet with a minimum turning radius of seventeen (17) feet. (7) Stacking lanes shall not conflict with parking space access. (8) Stacking lanes shall not cross pedestrian access ways. For purposes of this subsection, a pedestrian access way means a sidewalk or other passageway designed to provide access for pedestrians from parking areas or the public right-of-way. Driveways leading to stacking lanes may cross a public sidewalk, but the area within the public right-of-way up to the edge of the sidewalk is not counted as part of the stacking lane distance required in subsection (3), above. Page 101 of 372

102 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (9) The entrance into the drive-through lanes shall not conflict with general access to the site. (c) Compatibility standards (1) The minimum distance from a drive-through lane to any residential zoning district shall be thirty (30) feet as measured at the narrowest point between the residential district boundary to the closest point of the drive-through lane. (2) Alleys or driveways in residential zoning district adjacent to drive-through facilities shall not be used for circulation of customer traffic to Reserved Elderly Housing Purpose: To recognize that housing for older persons provides for the diverse and special needs of this group, including the needs for meeting/function rooms and recreational facilities, and attempt to foster development of housing alternatives for older persons with the basic supportive facilities and services. The development of housing for older persons may allow residents the opportunity to enjoy the rights and privileges of ownership and maintenance of private property within the City of Nashua. It is a community goal to promote development of housing for older persons that provides facilities and service offerings typically demanded by this group and it is also a goal to promote proximity of such development to support services (shopping, medical services, transportation, etc.) necessary to meet the needs of these residents. Housing developed in this section must be established and maintained in compliance with all applicable state and federal laws with respect to such housing and/or medical care, including the Fair Housing Act, as amended, 42 USC Sec et seq., NH RSA 354-A:15 and the NH Code of Administrative Rules, Hum 300 et seq. Pursuant to RSA-A-15; II and III, it is recognized that prohibitions against housing discrimination do not apply to housing for older persons, which conforms to all applicable rules and regulations. The intent is to foster development of housing for older persons while detailing local planning standards and promoting consistency with land use policies in the mater plan and the land use laws and regulations. The intent is to regulate the intensity and mix of the different types of dwelling units required to meet the needs of these citizens so as to provide ample outdoor and livable space and to retain a sense of personal identity, intimacy, and human scale within the development. The intent is to review the bulk, height, and spacing of buildings, and the traffic circulation and parking pattern within the development to ensure that the adequate light, air, privacy, landscaping, and open space for passive and active recreation are provided with the development. The City of Nashua finds, determines and declares that: There is a recognized need within the City for suitable and appropriate housing for older persons. Page 102 of 372

103 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire Older Persons are exclusively people age 55 and older. According to Demographic Element of the Master Plan the number and proportion of persons 55 years or older will increase significantly during the next several decades, thereby creating an increased demand for elderly housing. Housing for older persons can be developed to provide housing opportunities for this group and at the same time not detract from the low density settlement patterns defined by significant open space and a rural community character described in the master plan. It is recognized that exclusive zoning for persons 55 or older promotes the general health and welfare. This section implements the following Master Plan recommendation: Due to the likely increase in demand for elderly housing, both for independent living and managed care facilities, it is recommended that the Zoning Ordinance be examined and revised, if necessary, to ensure that adequate opportunities to develop elderly housing are available. This is especially important given the projected increase in the senior population over the next years. (a) Applicability (1) For purposes of this section, Elderly Housing means any of the housing categories and supportive service facilities described in subsection (2), below, that complies with the provisions of RSA 354-A:15 ( Housing for Older Persons ). (2) Examples of principal uses or structures that constitute Elderly Housing include: Table 81-1 Elderly Housing Classifications Category and definition LBCS Function NAICS Retirement housing services: These establishments offer minimal convenience services but focus on attracting elderly residents so as to provide a social support system among the residents. Congregate living services: Funded through the 1978 Congregate Housing Services Act, many of these establishments serve meals and other services in low-income and federally subsidized housing. Now, many establishments provide such services to other non-subsidized housing facilities. Services include housekeeping, laundry, transportation, recreational programs, and other convenience services. Assisted-living services: These services are provided by board-and-care establishments, such as adult foster care homes and adult care group homes. Services include daily activity assistance, such as dressing, grooming, bathing, etc. These establishments may be located in single-family homes and share the house with the care provider's family Page 103 of 372

104 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations Category and definition LBCS Function NAICS Life care or continuing care services: This subcategory comprises church or social welfare organizations running retirement centers. Residents turn over some or all of their assets in exchange for housing, personal care, convenience care, and some health care. Terms used for such establishments are: endowment facilities, founders care facilities, etc. Community Care Facilities for the Elderly These establishments are primarily engaged in providing residential and personal care services for (1) the elderly who are unable to fully care for themselves and/or (2) the elderly who do not desire to live independently. The care typically includes room, board, supervision, and assistance in daily living, such as housekeeping services. In some instances these establishments provide skilled nursing care for residents in separate on-site facilities. Continuing Care Retirement Communities: These establishments primarily engaged in providing a range of residential and personal care services with on-site nursing care facilities for (1) the elderly and other persons who are unable to fully care for themselves and/or (2) the elderly and other persons who do not desire to live independently. Individuals live in a variety of residential settings with meals, housekeeping, social, leisure, and other services available to assist residents in daily living. Assisted-living facilities with on-site nursing care facilities are included in this industry. Skilled-nursing services or Nursing Care Facilities: This subcategory comprises establishments that provide 24-hour skilled nursing care. Included are nursing homes and convalescent hospitals for the elderly. Homes for the Elderly: This U.S. industry comprises establishments primarily engaged in providing residential and personal care services (i.e., without on-site nursing care facilities) for (1) the elderly or other persons who are unable to fully care for themselves and/or (2) the elderly or other persons who do not desire to live independently. The care typically includes room, board, supervision, and assistance in daily living, such as housekeeping services. These establishments may include assisted-living facilities without on-site nursing care facilities, homes for the aged without nursing care, homes for the elderly without nursing care, old age homes without nursing care, old soldiers' homes without nursing care, rest homes without nursing care, retirement homes without nursing care, and senior citizens' homes without nursing care (3) Accessory uses for Elderly Housing may include activity centers for the elderly, senior citizens' centers, or senior citizens activity centers engaged in providing nonresidential social assistance services to improve the quality of life for the elderly, persons diagnosed with mental retardation, or persons with disabilities. These establishments provide for the welfare of these of individuals in such areas as day care, non-medical home care or homemaker services, social activities, group support, and companionship. (Reference: NAICS ). (b) Where Permitted Elderly Housing that contains duplex or multi-family dwellings is permitted as of right in the D, R-A, R-B or R-C zoning districts subject to the requirements of this Section. Elderly Housing in the form of single family detached dwellings are permitted in the R-40, R-30, R-18, R-9, R-A and R-B zoning districts. Page 104 of 372

105 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (c) Standards Applications subject to this section shall conform to the following standards: (1) Permits and Phasing The Planning Board shall approve a site plan if it complies with the standards established below. A building permit shall be obtained for each dwelling unit an each accessory use. (2) Compliance The applicant shall certify at the time of an application before the Planning Board that a development will comply with all applicable rules and regulations established by the New Hampshire Human Rights Commission, for age discrimination in housing, including, if required by the Human Rights Commission, that every development shall provide significant facilities and services specifically designed to meet the physical and social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons, as set forth in NH Administrative Rules Hum , as the same may from time to time be amended. Furthermore, while the Planning Board will not define what constitutes significant facilities and services, information that may be required by the Human Rights Commission in evaluating an application may be submitted to the Planning Board, including a description of applicable provisions of the Human Rights Commission administrative rules and regulations, and whether there are requests for exemptions. In the event the foregoing 55 year old age restriction is determined to be in violation of the laws of the State of New Hampshire, then in order to qualify as Housing For Older Persons, the development must contain an age restriction that complies with New Hampshire RSA 354-A:15, and as the same may from time to time be amended. (3) Dwelling Unit Density The proposed development shall conform to the density established in Table 81-2, below. A density bonus may also be granted for proposed developments that also conform to (inclusionary zoning). Table 81-2 Elderly Housing Density Elderly Housing Density (dwelling units per acre) Zoning District Single-Family Detached Duplex or Multifamily R R R R R-A 8 8 R-B R-C - 40 D - 75 (4) Pedestrian Traffic The use of interconnecting walkways, trails and natural walking paths shall be an integral part of the design of any development to facilitate access between common area, groups of dwelling units and open space areas. Easements shall be requested where trails or potential trails on abutting lands may allow for a local connection. Appropriate timing and restrictions may apply. Primary walkways and sidewalks shall meet Americans with Disabilities Act (ADA) requirements. Trails and natural walking paths are exempt from this requirement, but the Board encourages maximizing accessibility to residents. Page 105 of 372

106 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (5) Building Design Architectural renderings of a typical unit an all accessory buildings shall be provided which the Planning Board will evaluate in accordance with the Site Plan regulations to confirm that proposed development is an appropriate scale and arrangement in light of the underlying zoning district, the prominence of the site, viewsheds, adjacent uses and the surrounding neighborhood. (6) Safety Issues The following requirements may be amended at the discretion of the Planning Board prior to final approval. A. Each unit shall have address numbering of contrasting color to the structure, a minimum of 6 inches in size, and visible from the street and/or driveway. B. In the case of shared driveways, a permanent marker (preferably granite) shall be visible from the street and shall depict by diagram, the location and the number of each dwelling unit. Additional markers shall be placed at any split in the shared portion shall be a minimum of 16 feet in width, a maximum of 9 percent grade, designed to allow safe access and support the weight of emergency vehicle. Shared driveway designs are subject to Board approval Extractive Industries See Article VI, Excavation Regulations Fences Wall, fence or similar enclosures shall conform to the following: (a) (b) In residential zoning districts, shall not exceed 6 feet in height or interfere with traffic circulation. In nonresidential zoning districts, shall not interfere with traffic circulation (no height restriction) Gas Stations/Convenience Stores Purpose: this section reconciles the interests of the City and residential neighborhoods relating to health and safety, traffic, property values and aesthetics, with the economic interests and public needs relating to gasoline stations. This section mediates these concerns by: varying spacing requirements for small gas stations, car care centers, and convenience stores selling gas applying design standards and signage regulations to canopies and pumps. (a) Location Requirements No property in the city shall be used for the sale of gasoline at retail unless it is located seven hundred fifty (750) feet or more from property line to property line of any other property used for the sale of gasoline at retail. Nothing in this section shall be construed to forbid the installation of one (1) additional pump and appurtenant underground tank for the purpose of vending gasoline or diesel fuel on properties used for the sale of gasoline at retail at the time this section becomes effective. (b) Uses The retail sale of gasoline shall be considered the principal use of the site. Uses contained within the principal structure may include the following uses: Page 106 of 372

107 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (1) Interior ATM machine (2) Check cashing services (3) Copying and fax services (4) Money orders or money grams (5) Pre-prepared/packaged food (c) Accessory Uses The accessory uses listed below may be combined with the principal uses pursuant to Table 84-1: Table 84-1 Accessory Uses Lot Area Lots not within 400 feet of a Residential Zoning District Number of Accessory Uses Permitted Lots within 400 feet of a Residential Zoning District Less than 10,000 square feet (sf) ,000 19,999 square feet ,000 43,560 square feet 6 3 > 43,560 square feet 8 4 However, not more than one (1) of the following uses is permitted on the same lot or parcel to a gasoline or service station unless the applicant complies with the adequate public facilities standards (Article V, Division 3). (1) Car washes, if permitted or conditionally permitted by the respective zone, and subject to the specifications of 16-84(h), below. (2) Auto repair, if permitted or conditionally permitted by the respective zone, and limited to the following activities: A. Changing of engine oil and filters B. Lubrication of motor vehicle chassis C. The cleaning of component parts D. Brake adjustment and replacement E. Alignments F. The sale and installation of batteries and minor automotive accessories G. The sale, mounting and repair of tires H. The servicing of air conditioners I. The servicing of air pollution control devices J. The testing, adjustment and replacement of parts K. Towing operations (3) Fast food/deli counter services for made to order food (4) Exterior stand-alone ATM machine(s) (6) Ticket outlet/distribution services for entertainment or sporting events (7) Video Games, arcades or video rental (8) Drive-through window (9) Mail/package pick up services (10) Outdoor sales (in excess of 300 square feet) Page 107 of 372

108 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (d) Pumps (1) Pumps shall be a minimum twenty (20) feet from public right of way and from buildings, (2) Pumps shall be located a minimum of fifty (50) feet from residentially zoned properties. (3) Pump islands shall be designed with a minimum of one (1) vehicle stacking spaces behind vehicle parked at the pump closest to an exit and/or entrance driveway. (e) Canopies (1) Canopies can be no higher than the district regulations for structures. (2) Fixtures shall be recessed into the canopy so that no glare is visible from the fixture. (3) Canopies are considered an accessory structure and are included in all calculations for site coverage. (4) No more than eighteen (18%) percent of the site shall be covered by a canopy. (f) Circulation The on-site circulation pattern shall include adequate driving space to maneuver vehicles around cars parked at the pumps, with adequate areas for the circulation of vehicles not involved in the purchase of fuel, including deliveries of gasoline and merchandise. The Planning Board may restrict delivery times depending on the site location, adjacent traffic volumes and property dimensions. (g) Driveways The standards of shall apply except as follows: (1) The number of entrances shall not exceed two (2) from any one street. (2) Driveway entrances shall be separated by the following minimum distances as measured along the street right of way line, but in no case less than twenty-five (25) feet: A. Local Streets: two (2) times the driveway width; and B. Collector or Arterial Streets: three (3) times the driveway width. (3) Driveways shall be located a minimum of five (5) feet from the side lot line. (h) Automatic Car Wash (1) One automatic car wash, capable of washing only one car at a time, is permitted on the lot or parcel in the building or structure in which car washing occurs, located fifty (50) feet away from any residential zoning district. (2) All washing facilities shall be located within a building which is enclosed except those openings necessary for vehicular and pedestrian access. Car wash facilities within 200 feet of a residential building shall have doors on any openings to minimize noise. (i) Auto Repairs All auto maintenance lubes or other authorized or permitted repairs must be conducted wholly within a structure. Page 108 of 372

109 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (j) Service Bays Service bays shall be located at least seventy-five (75) feet from the nearest property line. If the service bays face residentially zoned or occupied property, the Planning Board may restrict hours of operation. (k) Self-service Vacuum Stations All self-service vacuum stations shall be located at least 30 feet from residentially zoned property. (l) Outdoor Loudspeakers Outdoor loudspeakers or public address systems designed to communicate with customers at pump islands shall not be audible beyond the property line of the lot or parcel. (m) Refuse Storage and Disposal Trash areas shall be provided and screened on at least three (3) sides from public view by an opaque impact-resistant fence of sufficient height to screen the dumpster(s). (n) Landscaping The area between the public sidewalk and the private curbs defining the limits of the driveways and the parking areas on the site shall be landscaped consistent with (o) Perimeter Wall A minimum six (6) foot high solid fence or wall with a minimum five (5) foot wide landscaped strip along the full length of the wall and property line is required when the facility abuts any residentially zoned property. The landscaped strip shall comply with , and is in lieu of any buffer required by that section. (p) Outdoor Sales In addition to the requirements in , the outside display of merchandise is permitted only under a canopy, or if there is no canopy, on or between the pump island, or in an area immediately adjacent to the cashier s kiosk. (q) Stacking Minimum distance for on-site stacking of automobiles (measured from the center line of the pick-up window) shall be consistent with drive through or drive in uses Table (r) Design Architectural elevations of all buildings and structures for the convenience store and any accessory uses or secondary principal uses sharing the premises, shall be submitted for review and approval by the Planning Board pursuant to Article V, Division 4 of this Chapter (Building Design). Where the lot is within one hundred (100) feet of a residential district, architectural design of buildings and structures shall recognize and respect the architectural character of the existing adjacent neighborhood in terms of scale and proportion. The review by the Planning Board shall be conducted with attention to proposed architectural features, details, materials, and colors of buildings and structures, and the Board may require modification of designs and may impose conditions in granting approval to Reserved Page 109 of 372

110 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations Halfway Houses and Community Living Facilities Purpose: This section accommodates the need of halfway houses and juvenile homes service providers while protecting neighborhoods by establishing Restrictions on density and spacing consistent with state and federal law. (a) Applicability (1) This section applies to any of the following: A. Any Community Living Facility. A Community Living Facility means any halfway house or other residence devoted to persons with developmental disabilities. The phase developmental disability shall have the meaning assigned in RSA 171-A:2. B. Any Halfway House. A halfway house means any residence where two (2) or more people reside for the purpose of their rehabilitation, behavioral modification or therapeutic counseling. A halfway house may include a facility for the care and supervision of delinquent youth, persons with mental health illnesses, or substance abusers (e.g., alcoholism, drug addiction), or any other facility where persons are aided in readjusting to society following a period of imprisonment or institutionalized treatment. (2) Pursuant to an application for a variance or an appeal, the ZBA may waive any part of this section Article to the extent need to avoid frustrating the state policy to locate community living facilities in predominantly residential areas, and to provide facilities, programs, or services which least inhibit the freedom of movement, freedom of choice, and participation in the community of a person with a developmental disability, while achieving the purposes of habilitation and treatment. (3) In addition to a conditional use permit, an applicant must comply with site plan review regulations as set forth in Articles IV and V. (b) Dimensional Standards The dimensional requirements for a development of attached or multifamily dwellings shall be as specified in 16-27, Dimensional Regulations, of this Chapter, for the respective districts. Where the center is not comprised of dwelling units, but provides rooms for sleeping quarters together with common sanitary and dining facilities, the number of rooms used as sleeping quarters shall not exceed the number of dwelling units that would otherwise be permitted on the premises. (c) Building Design (1) No buildings shall have a horizontal dimension, whether length or width, in excess of one hundred sixty (160) feet, and all buildings shall comply with the maximum height as specified in Section 16-27, Dimensional Regulations, of this Chapter for the respective districts in which attached or multifamily dwellings are permitted. There shall be a minimum of forty (40) feet of separation between all buildings, and a minimum of fifteen (15) feet of separation between buildings and parking lots. (2) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be harmonious with other buildings in the neighborhood. Page 110 of 372

111 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (d) Spacing Halfway houses shall be located at least one-fourth (1/4) mile from all existing Halfway Houses and from all of the following uses as defined in the Use Matrix ( 16-26, Table 26-1): (1) Correctional facility. (2) Orphanage, children s homes and similar uses. (3) Day care facility, adult. (4) Hotel, motel, or tourist court. (5) Schools, academic, continuance, alternative, adult, colleges and universities, and technical, trade, and other specialty schools; nursery and preschool, grade schools, elementary, middle, and high school. (e) Operations (1) The maximum number of persons served shall not exceed thirty-two (32). (2) On-site services shall be for residents of the facility only, except where part of a regimen of scheduled post-residential treatment. (3) The operator shall submit a management plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms Home Occupations (a) Minor home occupation The purpose of this section is to permit the accessory use of a residence for business purposes which are clearly incidental to the principal residential use provided the use does not change the residential character or function of the property to the extent that the property would be distinguishable from other residential properties. Upon determination of compliance with the following conditions the Administrative Officer shall issue a certificate of use and occupancy for the minor home occupation as provided for in of this Chapter: (1) No nonresidents shall be employed on the premises. (2) No more than twenty (20) percent of the existing gross floor area of the dwelling, or two hundred (200) square feet, whichever is less, shall be devoted to such use. (3) The use shall be carried on entirely within the principal building. (4) The use shall not change the internal or external residential character of the dwelling or require internal or external alterations to the structure. (5) There shall be no exterior storage or display of any kind which is related to the home occupation. (6) Visitation to the premises in conjunction with the home occupation by customers, vendors, solicitors or commercial deliveries shall be unusual and may only be on an infrequent basis, i.e., no more than three (3) such visits per week, on the average. (7) The use shall be conducted in such a manner that the premises is otherwise indistinguishable from other residences in the neighborhood and shall not create any noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or nuisance to any greater or more frequent extent than that usually experienced in a residential dwelling. Page 111 of 372

112 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (8) There shall be no advertising on the premises other than a single nonilluminated sign which shall not exceed two (2) square feet in area and which may only identify the occupant's name and address. The street address of the premises shall be prominently displayed by use of numerals no smaller than three (3) inches in height and no larger than six (6) inches in height. (9) Not more than one (1) commercial vehicle shall be stored, parked or otherwise situated on the premises. Such vehicle shall not exceed 25 feet in length. (b) Major home occupations The purpose of this section is to permit the accessory use of a residence for business purposes which is clearly incidental to the principal residential use provided the use does not significantly change the residential character or function of the property to the extent that the use will be objectionable to other residential uses in the neighborhood. Specifically, the following special regulations must be met to the satisfaction of the Planning Board as well as the conditions set forth in (f) before a conditional use permit can be granted. In granting a conditional use permit, the Planning Board may attach any reasonable conditions to the approval to insure the protection of the residential character of the neighborhood: (1) No more than one (1) nonresident shall be employed. (2) No more than thirty (30) percent of the gross floor area of the dwelling, or three hundred (300) square feet, whichever is less, shall be devoted to such use. (3) The use shall be carried on strictly within the principal building. (4) The use will not change the internal or external residential character or function of the dwelling to the extent that the use will be objectionable to other residential uses in the neighborhood. (5) There shall be no exterior storage or display of any kind which is related to the home occupation. (6) The use shall not create any noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or nuisance to any greater or more frequent extent than that usually experienced in other residential dwellings. (7) Only goods produced on the premises, and made to order for a specific customer, may be sold on the premises. (8) There shall be no advertising on the premises other than a single nonilluminated sign which shall not exceed two (2) square feet in area. Such sign may only indicate the owner's name and address, and the street address shall be prominently displayed by use of numerals no smaller than three (3) inches in height and no larger than six (6) inches in height. (9) Not more than one (1) commercial vehicle shall be stored, parked or otherwise situated on the premises. Such vehicle shall not exceed 25 feet in length. (10) The use will not cause vehicular traffic which is substantially different from that which currently exists on the street. (c) Sign Regulations The following regulations apply to any home occupation sign in any residential district: Page 112 of 372

113 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (1) Maximum sign area shall be two (2) square feet. (2) Sign shall not be illuminated. (3) Sign content shall be identification only including the name and address of the occupant or business. (4) Maximum number of home occupation signage per premises shall be one (1). (5) Advertising on the premises is prohibited. (6) Street address of the premises shall be prominently displayed by use of numerals no smaller than three (3) inches in height and no larger than six (6) inches in height. (7) The above conditions for home occupation signage apply to both minor and major home occupations, as referenced in of this Chapter Inclusionary Zoning Purpose: the City of Nashua finds that: The Regional Housing Needs Assessment (August 1999) prepared by the Nashua Regional Planning Commission (NRPC) identified an acute shortage of rental housing that is affordable for a large number of working households in the region. For low wage households and households on fixed incomes, this shortage creates an immediate and dangerous risk of homelessness. The shortage of affordable housing threatens the city's capacity for economic growth by limiting the ability of workers to locate housing within a reasonable distance of their workplace. It is necessary to encourage the private and non-profit sectors to address the critical shortage of affordable housing by reducing unnecessary regulatory barriers to the development of such housing. The general welfare of the city, region and state requires that the City s land use ordinances make reasonable provisions for affordable housing. Inclusionary zoning is expressly authorized as an innovative land use control under state law (RSA 674:21). Inclusionary zoning may include, among other things, density bonuses and streamlined application processes for developers providing affordable housing. This section implements the following Master Plan recommendations: Maintain a wide variety of housing types, residential densities, and open space, meeting the needs of the full spectrum of our citizens; and Continue to prevent and address housing discrimination. Explore opportunities to provide shopping, medical facilities, recreation, and public transportation near high-density housing. Strive to meet the needs of all citizens seeking owner-occupied housing. Consider an amendment to the Nashua Revised Ordinance (NRO) to allow Incentive Zoning in targeted areas (i.e. the City would allow residential density in excess of that permitted in the existing or underlying zoning, and require that a certain percentage of additional units be affordable). Page 113 of 372

114 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations Promote continued and expanded homeownership in inner city neighborhoods in support of neighborhood revitalization efforts. Work to ensure that the stock of rental housing is of sufficient quantity and quality to meet the needs of those desiring this housing option. Increase the supply of rental housing in the City to meet the needs of all income groups. Give priority to the rehabilitation of vacant and or substandard inner city residential buildings that can be used as rental housing. Review the City s Zoning Ordinance to assess opportunities for providing alternative housing designs. This section provides a density bonus and other incentives to encourage a broad variety of housing for low and moderate income households in the City. (a) Applicability This section applies to any application for development approval within any residential zoning district or district that permits residential uses that include Affordable Housing with the minimum ratio specified in Column (C) of Table 93-1, below. (b) Definitions Affordable As used in this Section, "affordable" means: (1) for rental housing, that the rent plus utilities for the dwelling unit does not exceed 30 percent of the income of the household; or (2) for owner-occupied housing, that the total cost of mortgage principal and interest, property taxes, association fees and homeowner's insurance does not exceed 33 percent of the maximum allowed income of the purchaser. Calculation of housing costs shall be based on current taxes, a 30-year fixed rate mortgage, a 5 percent down payment, and prevailing mortgage rates within the region; or (3) for subsidized housing, that the rents do not exceed fair market rents. Affordable Housing Any category of housing as defined in Columns (A) and (B) of Table Area Median Income (AMI) The median income of the Nashua region, adjusted for the number of persons in the household, as determined by the Nashua Regional Planning Commission. Community housing development organization (CHDO) As defined in 24 C.F.R. 92.2, which is hereby incorporated by this reference. Fair market rent The fair market rent published annually to by the U.S. Department of Housing and Urban Development pursuant to Section 8(c)(1) of the United States Housing Act of 1937 for Hillsborough County. Page 114 of 372

115 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire Inner City Any lot, parcel or tract within a contiguous area that: (1) is located within or abuts the D Downtown zoning district and is located within a Residential Zoning District; or (2) designated as such by the Planning Board. Low Income Household A household whose income does not exceed fifty percent (50%) of area median income (AMI). Moderate Income Household A household whose income is more than fifty percent (50%), and does not exceed eighty percent (80%), of area median income (AMI). Owner-occupied housing Any dwelling unit intended to be conveyed in fee simple, condominium, or equity-sharing arrangement such as a community housing land trust and limited equity cooperatives. Rental housing Any dwelling unit intended to be rented, and that is not subsidized housing as defined below. Subsidized Housing Any housing subsidized by the state or federal government under any program to assist the creation of rental units. (c) Affordable Housing Categories and Incentives (1) A Site Plan or Subdivision Plan may be approved with an increase in the density of the site as set forth in Table 93-1 where requested by the applicant. The applicant shall consent to a voluntary and enforceable condition in which the specified percentage of the developable density of the site, as specified in Column (C) of Table 93-1, is reserved as that category of Affordable Housing designated in Column (B) for the application. In lieu of providing the dwelling units that constitute Affordable Housing, the applicant may pay a fee equivalent to the cost of constructing the dwelling units into a housing trust fund if established by ordinance of the Board of Aldermen. (2) Table 93-1 shall be construed as follows: A. Determine the category of housing as set forth in Columns (A) and (B). B. Determine the required set-aside for the application category by referring to Column (C). For purposes of this subsection, the number of Affordable Dwelling Units required is determined by multiplying the total number of dwelling units permissible on the site as set forth in Column (B) of Table 27-3 of by the percentage prescribed in Table 93-1 Column (C). C. Determine the density increase that may be awarded by referring to Column (D). For purposes of this subsection, the additional density that may be awarded is determined by multiplying the total number of dwelling units permissible for the site as set forth in Column (B) (maximum density) of Table 27-3 of by the percentage prescribed in Column (D) of Table 93-1, below. The City shall not require the additional dwelling units to be restricted as to income. The Planning Board shall approve a reduction in the minimum lot size otherwise applicable to the zoning district as needed to permit the densities computed below. D. Determine the control period as set forth in Column (E) and subsection (d), below. Page 115 of 372

116 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations Comment: an example of how densities are computed for inclusionary zoning is as follows Assume that a parcel is 100 acres and located in the R-18 district. This district permits a maximum density of 2.5 dwelling units per acre. The gross acreage is used to compute density. Total permitted dwelling units are 100 (100 gross acres x 2.5 = 250 dwelling units). The applicant proposes to set aside 25 units (10% of the base total) for Owner Moderate Housing. The applicant is entitled to a bonus of 15%, or a total of 288 dwelling units (250 * 1.15), or 38 additional dwelling units. (d) Control Period In order to qualify as Affordable Housing under this Section, the developer must make a binding commitment that such units will remain Affordable for not less than the time prescribed in Column (E) of Table The control period shall be enforced through a deed restriction, restrictive covenant, or contractual arrangement through a state or federal program or CDHO that ensures that the Affordable Housing will remain Affordable for the time period prescribed herein. (e) Additional Incentives and Standards (1) Permit Streamlining If a rezoning is required for the type of dwelling unit requested, the applicant may file a combined site plan and rezoning pursuant to NRO (2) As of right A. Transit Moderate Rental, Transit Moderate Owner, Transit Low Rental, or Transit Low Owner housing is permitted by right in any Transit-Oriented Development District. B. Rehab Moderate Owner, Rehab Moderate Renter, Rehab Low Owner, Rehab Low Rental housing is permitted by right in any area designated as Inner City by this Section or the Master Plan. (3) Compatibility The dwellings qualifying as Affordable Housing shall be compatible in architectural style and appearance to the dwellings in the proposed development that are not Affordable Housing. (f) Project Phasing No density bonus or other incentive shall be approved for a site plan or subdivision plan- pursuant to this section unless the applicant consents to a condition that Certificate of Occupancy (CO) permits for the dwelling units that are not Affordable Housing (hereinafter market rate units ) shall, unless an alternative phasing schedule is approved by the Planning Board, be issued as follows: (1) CO permits may be issued for the first fifty percent (50%) of the market rate units prior to the construction and offering for sale or rental of any Affordable Housing. (2) No CO permits may be issued for the next twenty-five percent (25%) of the market rate units (i.e., from 51% up to 75% of the approved market rate units) prior to the construction and offering for sale or rental of at least twenty-five percent (25%) of the approved Affordable housing. (3) No CO permits may be issued for the next fifteen percent (15%) of the market rate units (i.e., from 76% up to 90% of the approved market rate units) prior to the construction and offering for sale or rental of at least seventy-five percent (75%) of the approved Affordable housing. Page 116 of 372

117 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (4) No CO permits may be issued for the remainder of the market rate units (i.e., from 91% to 100% of the approved market rate units) prior to the construction and offering for sale or rental of 100% percent (100%) of the approved Affordable Housing. (g) Administration (1) This Section may be administered by the Community Development Department of the City of Nashua ( CDD ). (2) Affordable Housing sales prices throughout the City shall be established by CDD. (3) Affordable Housing rental prices shall be established by CDD initially and shall be adjusted semiannually, based on a determination of all ordinary, necessary and reasonable costs required to construct and market the required number of affordable dwelling rental units by private industry in the area, and other information such as the area s current general market and economic conditions. Page 117 of 372

118 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations Table 93-1 Density Bonus for Inclusionary Zoning (A) (B) (C) (D) (E) Category Definition Setaside Rental Moderate Housing Owner Moderate Housing Rental Low Housing Owner Low Housing Transit Moderate Rental Transit Moderate Owner Rental housing affordable to moderate income households Owner-occupied housing affordable to moderate income households Rental housing affordable to low income households Owner-occupied housing affordable to low income households Rental Moderate Housing located in a Transit-Oriented Development (TOD) District Owner Moderate Housing located in a TOD District Density bonus Control Period 15% 15% 30 years 10% 15% 30 years 20% 20% 30 years 5% 20% 30 years 15% 30% 20 years 10% 25% 20 years Transit Low Rental Rental Low Housing located in a TOD District 20% 30% 20 years Transit Low Owner Rehab Moderate Owner Rehab Moderate Renter Rehab Low Owner Rehab Low Rental Owner Low Housing located in a TOD District Owner-occupied housing located in vacant and or substandard inner city residential buildings that are affordable to moderate income households Rental housing located in vacant and or substandard inner city residential buildings that are affordable to moderate income households Owner-occupied housing located in vacant and or substandard inner city residential buildings that are affordable to low income households Rental housing located in vacant and or substandard inner city residential buildings that are affordable to low income households 3% 15% 20 years 5% 20% 20 years 10% 20% 20 years 2% 20% 20 years 15% 25% 20 years Page 118 of 372

119 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire Junkyard, Automotive Recycling Yards, and Motor Vehicle Recycling Yards Purpose: This section establishes regulations consistent with state law including RSA 236:111 to 236:129. (a) All motor vehicle recycling yards and junk yards shall comply with the requirements of this section as well as the applicable provisions of RSA 236:90 et seq., as amended, or RSA 236:111 et seq. (b) Motor vehicle recycling yards and junk yards established or expanded after the effective date of this Chapter shall be located at least three hundred (300) feet from any residence or office residence district. (c) Any new motor vehicle recycling yard and junk yard and any substantial intensification of an existing facility shall require approval of a conditional use permit. For the purposes of regulating motor vehicle recycling yards and junk yards substantial intensification shall mean any of the following: (1) Any geographic expansion of the facility. (2) The addition of any shredding, milling, grinding, baling or packing equipment for the handling of scrap or salvage materials, or the replacement of any existing shredding, milling, grinding, baling or packing equipment for the handling of scrap and salvage materials. (3) The replacement of any existing shredding, milling, grinding, baling or packing equipment for the handling of scrap and salvage materials, which results in an increase of greater than ten (10) percent in the rated compression capacity, shear force capacity or other appropriate power or capacity measurement approved by the Administrative Officer for the piece of equipment being replaced. (d) All motor vehicle recycling yards and junk yards shall provide the following with any application for conditional use permit: (1) A vicinity plan. (2) A description of natural features, including streams, rivers, lakes, wetlands and major topographical features located within three hundred fifty (350) feet of the site. (3) A description of the proposal and how it compares to land uses within three hundred fifty (350) feet of the site. (4) A description of any potential environmental hazard due to existing or proposed land uses, including soil, water and air contamination. (5) An air quality plan describing stationary and mobile source air emissions, their quantities and composition, and indicating conformance with all applicable air quality regulations. (6) A dust management plan describing dust emission sources, their quantity and composition, and how dust will be collected, managed and disposed of, and indicating conformance with all applicable dust emission regulations. (7) A sound attenuation plan describing sources of sound and indicating conformance with all applicable sound and noise regulations. (8) A vibration dampening plan describing sources of vibration and indicating conformance with all applicable vibration regulations. Page 119 of 372

120 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (9) A drainage plan for stormwater management and runoff. (10) A traffic plan describing the number of truck trips the proposal will generate and the principal access routes to the facility, including a description of the facility's traffic impact on the surrounding area (e) No material shall be placed in any motor vehicle recycling yard or junk yard in such a manner that it is capable of being transferred out of the motor vehicle recycling yard or junk yard by wind, water or other natural causes. The loose storage of paper and the spilling of flammable or other liquids into streams or sewers is prohibited. (f) All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. Where necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of materials, preventing the collection of stagnant water, extermination procedures or other means. Professional monthly exterminating services are required, and a log indicating the dates and findings of such professional services shall be maintained on the premises. Upon proper inspection and investigation, the Administrative Officer may waive any portion of these requirements to Reserved Manufactured Housing (a) Applicability This section applies to manufactured housing located in manufactured home parks. Manufactured home parks are permitted where indicated in the Use Matrix provided: (1) The lot conforms to the dimensional and density regulations set forth in 16-27, as well as all other applicable regulations of this Section. (2) Evidence shall be presented to substantiate that adequate provision is being made for water supply and sewage disposal. (3) The manufactured home residence must conform to the general character of developed land uses within the neighborhood. (b) Sewage and waste disposal (1) No disposal of sewage from a flush toilet or other discharge of liquid waste from a manufactured home shall be permitted except when the discharge pipe or other outlet is directly connected to a city sewer or disposal system approved by the plumbing inspector and health officer, or other approved means of treatment and disposal is provided. (2) No dry or chemical toilet in a manufactured home shall be used, and such toilets or flush toilets, unless sewer-connected or unless as connected otherwise to conform to the provisions of this section, shall be sealed while within the city limits. (c) Districts allowing parks See Use Matrix. Page 120 of 372

121 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (d) Permits (1) It shall be unlawful for any person to establish, maintain or operate within the city limits any manufactured home park, whether charges are levied or not, without obtaining and possessing a Land Use Permit from the Administrative Officer (see ). (2) Application for a permit shall be made in writing to the Administrative Officer. The application shall state or describe the location of the existing or proposed manufactured home park, the number of lots, the proposed source of water supply, the proposed method of sewage disposal, the proposed method of garbage and trash disposal, and the proposed lighting system. (3) The applicant must file with the Administrative Officer a complete plan of the proposed manufactured home park. This plan, accompanied by legal description of the property shown, shall be drawn to scale and must clearly show the extent and area of the land to be used for manufactured home park purposes. The plan shall represent existing and proposed roads and driveways, the individual manufactured home lots, principal topographic features, easements, the plans for water supply, sewerage and sewer disposal, garbage and trash disposal, lighting, general drainage, park or playground areas, and proposed office, laundry, recreation, sanitary convenience or other buildings. Supplementary data such as key elevations, contours and street profiles must be submitted if requested by the Administrative Officer. (4) Upon receipt of the proper application for a permit, the Administrative Officer shall promptly cause an inspection of the premises to be made in company with the health officer. The Administrative Officer and the health officer shall thereupon submit to the Planning Board a copy of the proposed plan and a report of the inspection in such manner as the Planning Board may request, together with any recommendations they may deem necessary or advisable for the revision of or amendment to the plan in the interests of the general welfare of the community. (5) When satisfied that the proposed manufactured home park will not be a source of danger to the health or safety of its occupants or to others, and will comply with this and all other city ordinances, and will conform to accepted principles of good community planning, the Planning Board shall affix its approval to the final plan and description by signature of the chairman accompanying the word "Approved," and the date of approval as voted by a majority of the Planning Board. (e) Location and space requirements (1) Permitted locations for a manufactured home park shall include only sites which are or will be well-drained, not subject to smoke, to noise excessive for residential purposes, to the probability of flooding or erosion, or to insect or rodent infestation. (2) Not more than one (1) manufactured home shall be placed upon a lot. No manufactured home shall be situated closer than fifty (50) feet to any permanent residence on adjoining property. (3) Each lot in a manufactured home park shall contain not less than nine thousand (9,000) square feet and shall have a frontage of at least ninety (90) feet. The boundaries of each lot shall be designated by permanent markers such as stone monuments or iron pipe placed in the ground at each corner. Each lot shall contain parking for one (1) automobile, and shall be kept free from dense growth of brush or weeds. Page 121 of 372

122 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (4) The front yard setback of each lot shall be at least twenty-five (25) feet. The rear setback of each lot shall be at least fifteen (15) feet. The side setbacks of each lot shall be at least ten (10) feet. In establishing these setbacks, and other space requirements, awnings, vestibules or other attached building components and patios shall be considered an integral part of a manufactured home. (5) Any buildings other than manufactured homes in a manufactured home park shall be situated on the lot in accordance with the setbacks required for the zoning district in which they are located. Such buildings shall be separated by a minimum distance of ten (10) feet. (6) The minimum acreage for the site of a manufactured home park shall be fifteen (15) acres. (f) Concrete stands Each manufactured home site shall be provided with a stand consisting of either a solid concrete slab or two (2) concrete ribbons of a thickness and size adequate to support the maximum anticipated loads during all seasons. When concrete ribbons are used, the area between the ribbons shall be filled with a layer of crushed rock. (g) Foundation Manufactured housing located outside of a manufactured home park shall be set on a permanent foundation consisting of solid concrete, masonry or block. Manufactured housing located in a manufactured home park shall be screened with masonry skirting. (h) Open Space, Parks and Recreation Each manufactured home park shall comply with Article V, Division 9. (i) Convenience facilities and establishments Coin-operated laundries and other commercial convenience establishments may be permitted in manufactured home parks, provided that: (1) They are subordinate to the residential character of the park; (2) They are located, designed and intended to serve only the needs of persons living in the park; (3) They and any parking areas related to their use shall not occupy more than five (5) percent of the total developed area of the park; and (4) They present no visible evidence of their commercial nature to areas outside the park. (j) Storage space Each park shall provide either one (1) central waterproof structure available to all manufactured home sites, or a single waterproof structure for each manufactured home site, suitable for storage of goods and the usual effects of persons occupying the park. (k) Street Design and Transportation Street design and transportation shall comply with Article V, Division 10. (l) Utilities Utilities shall comply with Article V, Division 13. Page 122 of 372

123 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (m) Garbage and refuse disposal (1) All garbage and refuse in a manufactured home park shall be stored in suitable watertight and flytight receptacles which shall be kept covered with tightly fitting covers. At least one (1) such receptacle shall be provided and conveniently located for each lot. It shall be unlawful for any person to disposal of garbage or refuse of any kind upon the grounds of a manufactured home park. (2) The owner or manager of the park shall ensure that all garbage and refuse is disposed of regularly and in a sanitary manner approved by the health officer. (n) Lighting Every manufactured home park shall be provided with adequate street lighting facilities, and shall be kept lighted in accordance with the timetable for the lighting and extinguishing of public street lights. In no case shall the lighting intensity be less than 0.2 footcandles. This may be increased where it is determined by the board that conditions of pedestrian and vehicular traffic warrant it. (o) Maintenance and repairs Manufactured home parks and all structures situated therein shall be kept in good repair and shall at all times be maintained in a clean and sanitary condition. Streets and driveways within such parks shall be graded, well drained, kept in good order and kept open so as to permit the entry of fire-fighting or other emergency equipment at all times. (p) Records The owner or manager of every manufactured home park shall keep a record of all manufactured home owners and a record of all guests with campers, noting the name and address of each lot occupant, the license number of each automobile and of each manufactured home or camper, the state issuing such licenses, and the dates of arrival and departure. This register shall be available at all times for inspection by representatives of the police and health departments. (q) Inspections The Administrative Officer, health officer and fire inspector shall inspect each manufactured home park from time to time, at reasonable hours. (r) Application of city ordinances In the location, operation and maintenance of a manufactured home park, this article and all other ordinances of the city not in conflict herewith shall be observed. (s) Enforcement The several municipal departments shall, according to their customary official responsibilities, enforce the provisions of this division. For that purpose, representatives of the several municipal departments such as the Building Department Manager, health officer, fire inspector and police are hereby empowered to inspect manufactured home parks at all reasonable times to Reserved Page 123 of 372

124 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations Neighborhood Center Purpose: A Neighborhood Center provides shopping, service and employment opportunities within walking or driving distance of residential areas. The Center is spatially defined and concentrated in a nodal pattern, as opposed to conventional strip shopping centers. Neighborhood Center features urban design guidelines such as zero setbacks and streetscapes with windows and entryways. This section permits Neighborhood Center in a wider variety of districts and situations, subject to strict design standards that prohibit strip development and encourage walkable streetscapes. Freestanding commercial uses that do not meet the standards of this section are located in the other commercial zoning districts. This section implements the following Master Plan recommendations: Provide adequate shopping and service opportunities for under-serviced populations. Encourage infill development within, and work to revitalize existing commercial areas. Guide commercial and industrial development to the existing built areas of the City and minimize development in outlying, undeveloped areas. Encourage and support businesses that reduce employee and product-related vehicle trips. (a) Applicability This section applies to any of the following: (1) The expansion of any commercial use located in a residential zoning district that was lawfully established but no longer conforms to the applicable use restrictions. This section does not apply to the existing use, operation, or improvement of such facilities unless the applicant requests permission to expand, renovate, or redevelop the existing building or parking areas. (2) Any Neighborhood Center authorized by a conditional rezoning to an LB zoning district. (b) Processing Procedures A Neighborhood Center shall require approval of a Site Plan. (c) Size and Location of Site (1) A Neighborhood Center may be located at the intersection of any collector or higher traffic volume street classification as a conditional use within all residential Zoning Districts. (2) A Neighborhood Center shall not exceed 150 feet of frontage. (3) The establishment of a Neighborhood Center shall not establish a precedent for higherdensity zoning between the nodes or intersections where the Neighborhood Centers are established. (d) Uses and Density A Neighborhood Center may include any of the uses permitted in a LB Zoning District. Residential dwellings are permitted above or below the first floor of any building with commercial and/or retail uses. Dimensional requirements shall conform to Table Page 124 of 372

125 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire Table Dimensional Requirements (A) (B) (C) R-40, R-30 R-18, R-9, Minimum Frontage (feet) Maximum Frontage Maximum Height (stories) Minimum Front Setback (feet) Maximum Front Setback (Principal Arterial, Arterial) (feet) Maximum Front Setback (Collector, Local) Maximum Building Size (sf) 8,000 10,000 12,000 Maximum Size per Use or Tenant (sf) not applicable to grocery stores (Land Use Codes LBCS Function 2151, NAICS ) 4,000 4,000 4,000 Maximum Parcel Size (sf) 43,560 43,560 25,000 R-A, R-B, R-C (e) Open Space and Parks (1) The open space within the proposed development shall be compatible with the surrounding neighborhood. The following amenities are recommended to be provided in the open space area: Ornamental fountains Ornamental lamp posts Stairways Waterfalls Sculptures Arbors Trellises Planted beds Drinking fountains Clock pedestals Awnings Canopies Benches, picnic tables, or similar outdoor seating spaces Page 125 of 372

126 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (2) Not less than one (1) linear foot of seating shall be provided for each fifty (50) square feet of open space. Seating dimensions shall comply with the requirements of the Americans with Disabilities Act. (f) Building Design The building design shall be compatible with the surrounding neighborhood to Reserved Permanent Outdoor Display Areas (a) Outdoor display of retail goods, wares and merchandise are permitted accessory uses in the GB, D-1, D-3, and HB Districts if expressly permitted pursuant to a site plan. No such outdoor display is permitted unless the site plan shows the location, area and boundaries of the outdoor display. (b) Such outdoor display must be customarily incidental to a principal use in the district in which the outdoor display is permitted. Only the business or entity occupying the principal use or structure shall sell merchandise in the outdoor display areas. (c) Such outdoor display is permitted in any yard, subject to a minimum setback of twenty (20) feet from an adjoining property line. (d) Outdoor display shall be screened from view along any property line abutting a residential zoning district by a minimum Type B buffer as set forth in (b)(2). This section does not apply except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. To the extent that buildings on the premises are located so as to screen views from adjacent streets and properties, such buildings may be considered to be part of the required screening in lieu of landscaping, fences, walls, and enclosures. (e) (f) Maximum height of displayed merchandise limited to height of fence or wall or six (6) feet. All outdoor displays must be located on the same lot as the principal use. (g) Areas used for such display shall be furnished with an all weather hard surface of a material such as bituminous or concrete. (h) Merchandise shall not be placed or located so as to interfere with pedestrian or building access or egress, required vehicular parking and handicap parking, aisles, access or egress, loading space parking or access, public or private utilities, services or drainage systems, fire lanes, alarms, hydrants, standpipes, or other fire protection equipment, or emergency access or egress. (i) Outdoor display areas shall not be located on any parking spaces needed to comply with the minimum parking ratios of Article V, Division 8, Table Outdoor display areas shall be considered part of the floor area of the principal use or structure for purposes of computing the minimum number parking spaces required. (j) Such display shall not violate applicable Federal, State, or local laws specific to the use of solid, liquid and gaseous chemicals, materials or products. Page 126 of 372

127 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire Outdoor Storage Uses that involve the outdoor storage of inventory, materials, parts, or equipment shall comply with the following standards: (a) Required Setbacks (1) Outdoor storage shall not be located within a required front setback (see Table 27-3) (2) Outdoor storage shall not be located closer than fifty (50) feet to any street or any residential district boundary line. (b) Screening and Landscaping See to Reserved Residential Uses All uses listed as Residential Uses in the Use Matrix ( 16-26, Table 26-1) shall comply with the Parking Standards established in Article V, Division 8 of this Chapter in addition to the applicable requirements of this chapter Sexually-oriented businesses The purpose of this Chapter is to promote the health, safety and general welfare of the citizens of the City of Nashua by providing special design guidelines/standards and development regulations which regulate the time, place and manner of the operation of sexually-oriented use facilities in order to minimize the negative secondary effects associated with the concentration of such facilities. The specific purposes of this Section are to: (1) Establish a procedure that places strict limits on processing time and eliminates any possibility for the exercise of unfettered discretion in reviewing applications for establishing sexually-oriented uses. (2) Ensure orderly and thorough city review of applications for sexually-oriented uses. (3) Establish reasonable and uniform regulations that will reduce possible adverse secondary effects that sexually-oriented uses may have upon the residents of the city and preserve the integrity of existing commercial areas of the city and of residential areas which are in close proximity to such commercial areas. (4) To protect the rights conferred by the United States Constitution to sexually-oriented uses in a manner that ensures the continued and orderly development of property within the city and diminishes those undesirable negative secondary effects that recognized studies have shown to be associated with the development and operation of sexually-oriented uses. (5) To allow a process whereby the unusual site development features or operating characteristics of uses which must comply with this Section may be conditioned through an individual review, in order to be compatible with the surrounding uses of property. Experience in this City as well as in cities and counties within and outside of New Hampshire including the County of Los Angeles, the City of Garden Grove and the cities of Renton, Washington; Seattle, Washington; Detroit, Michigan; Austin, Texas; Indianapolis, Indiana; and Phoenix Arizona; have demonstrated that such uses have objectionable secondary effects upon immediately adjacent residential and commercial areas. The City recognizes and relies upon the experience of these other cities and counties in adopting sexually-oriented business regulations including the County of Los Angeles (as discussed in Smith v. County of Los Angeles 211 Cal. App. 3d 188 (1989)); City of Renton, Washington (as discussed in City of Renton v. Playtime Theatres, Inc.475 U.S. 41 (1976)); the City of Seattle Washington (as Page 127 of 372

128 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations discussed in Northend Cinema v. City of Seattle 90 Wash. 2d 709, 585 P.2d 1153 (1978)); and the County of Palm Beach, Florida (as discussed in Movie & Video Work v. Board of County Commissioners 723 F. Supp. 695 (S.D. Fla. 1989)) in support of this Chapter. The City also recognizes and relies upon the studies done by: (1) the 1979 Sexually-oriented use Study by the Phoenix Planning Department; (2) Tucson, Arizona (1990); (3) the 1991 report to the City of Garden Grove by Drs. McCleary and Meeker on the relationship between crime and sexually-oriented business operations; (4) the City of Los Angeles in 1977); (5) the 1984 Analysis of Adult Entertainment Businesses in Indianapolis by the Department of Metropolitan Development; (6) Minneapolis, Minnesota (1980); (7) Cleveland, Ohio (1977); (8) Oklahoma City, Oklahoma (1986); (9) Austin, Texas study on effects of sexually-oriented businesses; (10) Amarillo, Texas (1977); (11) Beaumont, Texas (1982); (12) Houston, Texas (1983); and (13) Seattle, Washington (1989). The Board of Aldermen believes the following statements are true, in part based upon its understanding of the experiences of the various jurisdictions identified, and hereby finds and determines that: Crime rates tend to be higher in residential areas surrounding sexually-oriented businesses than in industrial or commercial areas surrounding sexually-oriented businesses; Areas within close walking distance of single and multiple family dwellings should be free of sexuallyoriented businesses; Sexually-oriented businesses should be located in specific areas of the City which are a specified distance from sensitive uses such as residences, parks, religious institutions and schools, irrespective of whether physical barriers are present. This necessary to (1) ensure that the impact on such sensitive uses by adverse secondary effects caused by sexually-oriented businesses are mitigated to the maximum extent possible; (2) to prevent ad hoc decisions with respect to a potential sexually-oriented business site which does not meet the criteria set forth herein; and (3) to provide certainty to the residents of the City and sexually-oriented business operators with respect to potential sexuallyoriented use sites. The image of the City as an attractive place to reside will be adversely affected by the presence of sexually-oriented businesses in close proximity to residential uses, schools, religious institutions and parks; The existence of sexually-oriented businesses in close proximity to residential areas has been shown in some cities to reduce the property values in those residential areas; A reasonable regulation of the location of sexually-oriented businesses protects the image of the community and its property values and protects its residents from the adverse secondary effects of sexually-oriented businesses while providing those who desire to patronize sexually-oriented businesses an opportunity to do so in appropriate areas in the City; and There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by sexually-oriented businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that sexually-oriented businesses which are not regulated as to permissible locations often have a deleterious effect on nearby businesses in residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. Regulations for sexually-oriented businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather that waiting for problems to be created. The Board of Aldermen recognizes and relies on the findings set forth in the 1986 United States Attorney General s Report on Pornography in support of this Chapter including, but not limited to its recommendations that local governments ban certain features of video booths that facilitate carnal sexual encounters. The Board of Aldermen finds the following, in part based upon its understanding of the documents and judicial decisions in the public record: Page 128 of 372

129 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire Evidence indicates that some dancers, models and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in sexually-oriented businesses (collectively referred to as performers ) have been found to engage in sexual activities with patrons of sexuallyoriented businesses on the site of the sexually-oriented business; Evidence has demonstrated that performers employed by sexually-oriented businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows; Evidence indicates that performers at sexually-oriented businesses have been found to engage in acts of prostitution with patrons of the establishment; As a result of the above, and the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts at sexually-oriented businesses. The Board of Aldermen has determined that the establishment of a permitting process for sexually-oriented businesses is a legitimate and reasonable means of ensuring that: Operators of sexually-oriented businesses comply with the reasonable regulations of this Chapter. The recognized secondary impacts of a proposed sexually-oriented business in a specific location are mitigated; and Operators of sexually-oriented businesses have specific guidelines with respect to where they can establish or operate a sexually-oriented business. It is not the intent of the Board of Aldermen in adopting this Chapter to suppress any activities protected by the First Amendment, but rather to enact a content neutral ordinance which addresses the secondary effects that sexually-oriented businesses have on the City. The Board of Aldermen desires to protect the rights conferred by the United States Constitution to sexually-oriented businesses in a manner that ensures the continued and orderly development of property within the City and diminishes those undesirable negative secondary effects the previously mentioned studies have shown to be associated with the development and operation of sexually-oriented businesses. The Board of Aldermen and Planning Board have held duly noticed public hearings, to receive input and testimony from the public concerning the adoption of this proposed Ordinance. (a) Definitions In addition to the definitions contained in Article X, Division 1 of the Land Use Code, the following words and phrases shall, for the purposes of this Section, be defined as follows. Should any of the definitions be in conflict with the current provisions of the Land Use Code, these definitions shall prevail: Adult Arcade Any business establishment or concern to which the public is permitted or invited and where coin or slug operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors, videos or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are considered adult material as defined by this Section. Adult Bookstore An establishment having as a substantial or significant portion of its stock in trade adult material, or an establishment with a segment or section devoted to the sale or display of such material. (1) An establishment shall be deemed to have a substantial or significant portion of its stock in trade if not less than twenty percent (20%) of the stock of the business or twenty percent (20%) of the floor area which houses the sexually-oriented business is adult material provided, however, that if the sexuallyoriented business is housed in a building or structure which includes more than one business, then the Page 129 of 372

130 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations floor area shall mean and refer to only that portion of the building which is leased or otherwise demised to the sexually-oriented business. (2) An establishment shall also be deemed to have a substantial or significant portion of its stock in trade if not less than twenty percent (20%) of the gross receipts of the business or use are derived from the sale of adult material (as defined below). Adult Cabaret or Adult Nightclub A business establishment or concern which features live performances by dancers or similar entertainers in the nude. Adult Dance Studio Any business establishment or concern which provides for members of the public a partner for dance where the partner appears nude, or where the dance is distinguished or characterized by the emphasis on matter depicting, or describing or relating to specified sexual activities or specified anatomical areas. Adult Entertainment Studio Any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, wherein an entertainer provides entertainment to a member of the public, a patron or a member, when such entertainment is held, conducted, operated or maintained for a profit, direct or indirect. An adult entertainment studio includes, without being limited to, any premises that is physically arranged and used as such, whether advertised or represented as an entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import. Adult entertainment studio shall not include theaters, concert halls, or similar establishments where entertainment is performed for groups of four or more. Adult Hotel A hotel which is used for presenting on a regular and substantial basis material which is distinguished or characterized by the emphasis on matter depicting or describing or relating to specified sexual activities or specified anatomical areas through closed circuit or cable television or through video tape recorder where video tapes are provided by the hotel/motel. For purposes of this subsection, a "Hotel" means any building or other structure which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are offered for pay primarily to transient guests and in which four or more rooms are used for the accommodation of such guests, regardless of whether such building or structure is designated as a motel, cabin camp, tourist cabin, or other type of lodging unit. Evidence that a sleeping room in a hotel has been rented and vacated two or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult hotel as that term is defined in this Section. Adult Material Materials which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. Adult Oriented Merchandise Sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: sexually-oriented vibrators, inflatable orifices, anatomical balloons with orifices, simulated and battery operated sexual organs, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Adult Theater A theater or other commercial establishment with or without a stage that is used for presenting, on a regular and substantial basis, material which is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to specified sexual activities or specified anatomical areas. Page 130 of 372

131 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire Arcade Booth A closed or partially enclosed portion of an establishment in which an adult arcade is located, or where a live performance is presented, on a regular or substantial basis, where the material presented is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to specified sexual activities or specified anatomical areas. Breast A portion of the human female mammary eland (commonly referred to as the female breast) including the nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of such eland wherein such outside area is (i) reasonably compact and contiguous to the areola and (ii) contains at least the nipple and the areola and one-fourth (¼) of the outside surface area of such eland. Commercial Zoning District Any property within the City which is zoned, Local Business (LB), General Business (GB), Downtown (D) or Highway Business (HB), on the City s official zoning map adopted pursuant to of the Nashua Land Use Code, as may be amended from time to time. Dancer A Performer who dances or otherwise performs in an adult cabaret or adult nightclub, adult dance studio, adult entertainment studio, arcade booth, or erotic dance studio, and who seeks to arouse or excite the patrons sexual desires. Employee Any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment studio. Entertainer Any person who provides entertainment within an adult entertainment studio as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor. Entertainment Any exhibition, performance, display or dance of any type, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered for amusement. Erotic Dance Studio A fixed place of business which emphasizes and seeks, through one or more dancers or performers, to arouse or excite the patron s sexual desires. Figure Modeling Studio Any establishment or business which provides for members of the public, the services of a live human model for the purpose of reproducing the human body, wholly or partially in the nude, by means of photograph, painting, sketching, drawing, or other pictorial form. Industrial Zoning District Any property within the City which is zoned Commercial Industrial (CI), Park Industrial (PI), or General Industrial (GI) on the City s official zoning map adopted pursuant to of the Nashua Land Use Code, as may be amended from time to time. Material Relative to sexually-oriented businesses, material shall mean and include, but not be limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, or electronically generated images or devices including computer software, or any combination thereof. Page 131 of 372

132 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations Nude Any state of undress in which the whole or part of any of the following, at a point below the top of the areola, is less than completely and opaquely covered: (a) (b) (c) (d) The male or female genitals, or The male or female pubic area, or The female Breast (see the last sentence in this subsection), or The Buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to, G-Strings, T-Backs, dental floss and thongs. Body paint, body dyes, tattoos, liquid latex whether wet or dried, and similar substances shall not be considered opaque covering. Each female Person may determine which 1/4 of her Breast surface area (see definition of Breast) contiguous to and containing the nipple and the areola is to be covered. Obscene Any material or performance is obscene if the average person applying contemporary community standards would find that such material or performance, taken as a whole, appeals to the prurient interest; that the material or performance has patently offensive representations or descriptions of ultimate sexual acts, normal or perverted; and that the material or performance, taken as a whole, lacks serious literary, educational, artistic, political or scientific value. Operator Any person, partnership, or corporation operating, conducting or maintaining a sexually-oriented use or sexually-oriented business. Park Any public or private land designated as Open Space - Public or Open Space - Private in the Master Plan. Patron Any person who is a guest, member or customer on or in a sexually-oriented business. Performer Any person who is an employee or independent contractor of the sexually-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of a sexually-oriented business and who seeks to arouse or excite the patrons sexual desires. Person Any natural person, or any association, partnership, or corporation. Religious Institution A facility used primarily for religious assembly or worship and related religious activities, including any church, place of worship, parish house, or convent. Residential Zone Any property within the City which is designated as a Residential District pursuant to of this Chapter, as may be amended from time to time, including any property within the City which is zoned R-40 (Rural Residence), R-30 (Suburban Residence), R-18 (Suburban Residence), R-A (Urban Residence), R-B (Urban Residence) or R-C (Urban Residence) on the City s official zoning map adopted pursuant to of this Chapter. School Any institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the New Hampshire Board of Education or which is maintained pursuant to standards set by the New Hampshire Board of Education. This definition includes a nursery school, kindergarten, Page 132 of 372

133 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire elementary school, junior high school, senior high school, whether public, parochial, or private, but not including dancing schools, riding academies, or trade or vocational schools. Sexually-Oriented Business (1) Any business establishment or concern which as a regular and substantial course of conduct operates as an adult bookstore, adult theater, adult arcade, adult cabaret or adult nightclub, figure modeling studio, adult dance studio, adult entertainment studio, erotic dance studio, adult hotel, or massage establishment (other than a message therapist holding a currently valid massage therapist license issued by the New Hampshire Department Of Health And Human Services); or (2) Any business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes adult oriented merchandise or sexually oriented merchandise, or which offers to its patrons adult materials or other products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical parts. Specified Anatomical Areas (1) Less than completely and opaquely covered: A. human genitals, pubic region; B. buttock, or C. female breast below a point immediately above the top of the areola; or (2) Any device or covering, when exposed to view, which simulates the female breast below a point immediately above the top of the areola, human genitals, pubic region or buttock; or (3) Human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered. Includes: Specified Sexual Activities (1) Human genitals in a state of sexual stimulation or arousal; and/or (2) Acts of human masturbation, sexual intercourse or arousal; and/or (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or (4) Masochism, erotic or sexually-oriented torture, beating, or the infliction of pain; and/or (5) Human excretion, urination, menstruation, vaginal or anal irrigation; and/or (6) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. Tavern Any premises on which alcoholic or cereal malt beverages are sold or served for consumption on the premises pursuant to a license or permit issued by the State of New Hampshire or any other political subdivision or agency of the State of New Hampshire. (b) Applicability (1) No sexually-oriented business shall be constructed, established, or operated unless and until a sexually-oriented use Permit or a Temporary land use permit has been issued by the Administrative Officer. (2) Nothing in this section shall be construed to apply to any play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education, or other similar establishment as a form of expression or opinion or Page 133 of 372

134 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise. (3) The establishment of any sexually-oriented business includes any of the following activities: A. The opening of such a business as a new business. B. The relocation of a sexually-oriented business. C. The conversion of an existing business to a sexually-oriented business. D. An increase of the square footage of an existing sexually-oriented business. E. The conversion of an existing sexually-oriented business to a different type of sexually-oriented business. (c) Locational Limitations (1) Subject to the limitations of subsection (c)(2) below, sexually-oriented businesses may be located in any HB Highway Business Zoning District of the City as herein defined. A sexually-oriented business shall not be established in any other zoning district. (2) In the zoning districts where sexually-oriented businesses regulated by this Section would otherwise be permitted uses, it shall be unlawful to establish any such sexually-oriented business unless the location complies with the following requirements: A. No sexually oriented business is permitted within one thousand (1,000) feet of another existing sexually oriented business or one for which a building permit or zoning certificate of use has been applied for; and B. No sexually oriented business is permitted within seven hundred and fifty (750) feet of any residence or any of the following: Amusement or Theme Park Establishment (LBCS Function 5310); recreation or amusement enterprises (LBCS 5300, NAICS 71399); recreation, indoor commercial (e.g., bowling alley, billiards, pool) (LBCS Function 5380, LBCS Structure 3200, NAICS 71312); or Recreation, outdoor commercial (LBCS Function 5310, LBCS Structure 4440, or NAICS 71311). C. No sexually oriented business is permitted within seven hundred and fifty (750) feet of any religious institution, school, kindergarten, licensed day care and/or day nursery, State approved day care center or public sports/recreation parks; and, D. No sexually oriented business is permitted within seven hundred and fifty (750) feet of the city boundaries; and E. No sexually oriented business is permitted within one thousand (1,000) feet of another existing sexually oriented business on the date of the passage of this amendment; and F. No sexually oriented business is permitted within a building, premise, structure or other facility that contains a sexually oriented business as defined in subsection (a) above. Page 134 of 372

135 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (d) Development and Performance Standards. (1) Hours of Operation. A. No sexually-oriented use or sexually-oriented business shall be open earlier than eleven o clock (11:00) a.m. or later than eleven o clock (11:00) p.m. No sexually-oriented use or sexually-oriented business shall be open on any Sunday. It shall be unlawful for any operator or employee of a sexually-oriented business to allow such sexually-oriented business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 11:00 p.m. and 11:00 a.m. of any day or on any Sunday. B. All sexually-oriented uses or sexually-oriented businesses shall be open to inspection at all reasonable times by any law enforcement officer, the Administrative Officer, or such other persons as the Administrative Officer may designate in the normal course of his duties. (2) Lighting Requirements All exterior areas of the sexually-oriented business shall be illuminated at a minimum of 1.0 foot-candle throughout the premises, minimally maintained and evenly distributed at ground level. (3) Signs All sexually-oriented uses or sexually-oriented businesses shall comply with the following sign requirements in addition to the requirements of Article III, Division 9 of this Chapter: A. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building. Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation of a performance displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be visible outside of the sexually-oriented use or sexually-oriented business. B. Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only. (4) Access Provision The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall ensure that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer. (5) Minors Access A. No employee, owner, operator, responsible managing employee, manager or permittee of a sexually-oriented business shall allow any person below the age of eighteen (18) years upon the premises or within the confines of any sexuallyoriented business. B. X-rated movies. X-rated movies or video tapes shall be restricted to persons over eighteen (18) years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or Page 135 of 372

136 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations displays videos that have been rated X or rated NC-17 by the motion picture rating industry ( MPAA ), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said videos shall be located in a specific section of the establishment where persons under the age of eighteen (18) shall be prohibited and shall not be visible from outside the premises or from areas within the premises where persons under the age of eighteen (18) are allowed. C. Other Adult Materials. Access to adult materials shall be restricted to persons over eighteen (18) years of age. (6) Closed Booths No one shall maintain any arcade booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into such premises; and further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing area or partially or fully concealed booths/individual viewing area shall be maintained. No arcade booth shall be occupied by more than one patron at a time. No holes shall be permitted between arcade booths or individual viewing area. (7) Notification of Requirements A sign shall be conspicuously displayed in the common area of the premises, and shall read as follows: THIS SEXUALLY-ORIENTED BUSINESS IS REGULATED BY NASUA LAND USE ORDINANCE ENTERTAINERS ARE: 1. Not permitted to engage in any type of sexual conduct; 2. Not permitted to expose their sex organs; 3. Not permitted to demand or collect all or any portion of a fee for entertainment before its completion. (8) Regulation of Viewing Areas Every sexually-oriented use or sexually-oriented business shall be physically arranged in such manner that the entire interior portion of the booths, cubicles, rooms or stalls wherein entertainment is provided is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever. All viewing areas within the sexually-oriented business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not BE obscured in any manner by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the viewing area from the main aisle. A manager shall be stationed in the main aisle, or a video monitor shall be established at a location from which the inside of all of the viewing areas are visible at all times, in order to enforce all rules and regulations. All viewing areas shall be designed or operated to permit occupancy of either one (1) person only, or more than ten (10) persons. The operator shall be responsible for and shall provide that any room or area used for the purpose of adult entertainment shall be readily accessible at all times and shall be opened to view in its entirety for inspection by the Administrative Officer or a law enforcement officer at all reasonable times. Viewing area shall mean any area in which a person views performances, pictures, movies, videos, or other presentations. (9) Private Performances Any area in which a private performance occurs shall: Page 136 of 372

137 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire A. Have a permanently open entranceway not less than two (2) feet wide and not less than six (6) feet high, which entranceway is not capable of being closed or partially closed by any curtain, door, or other partition which would be capable of wholly or partially obscuring any person situated in the area; and B. Have a wall-to-wall, floor-to-ceiling partition of solid construction without any holes or openings, which partition may be completely or partially transparent, and which partition separates the employee from the person viewing the display. (10) On-Site Manager; Security Measures No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a sexually-oriented business unless each and all of the following requirements are met: A. All sexually-oriented businesses shall have a person who shall be at least 18 years of age and shall be on the premises to act as manager at all times during which the business is open. The sexually-oriented business shall register any and all individual(s) designated as the on-site manager with the Administrative Officer by the owner to receive all complaints and be responsible for all violations taking place on the premises. B. The sexually-oriented business shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two (2) by three (3) feet and shall at a minimum be one (1) foot by one and a half feet. (11) Clothing All employees of sexually-oriented businesses, other than performers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas. (12) Dancing and Performing In order to reduce the opportunity for prostitution and narcotics transactions, to prevent patrons and dancers/performers from engaging in sexual fondling and caressing, and to reduce the likelihood of drug and sex transactions, the following additional regulations shall apply to the operation of any adult cabaret, adult dance studio, erotic dance studio, or figure modeling studio: A. Separation Distances Between Entertainers and Patrons. No person shall perform live entertainment for patrons of a sexually-oriented business except upon a permanently fixed stage or planform which is at least two (2) feet above the level of the floor, separated by a distance of at least ten (10) feet from the nearest area occupied by patrons and surrounded with a three (3) foot high barrier. No patron shall be permitted within six (6) feet of the stage while the stage is occupied by a performer. B. Contact between Entertainers and Patrons Prohibited. When patrons are present at the establishment, no dancer or performer shall fondle or caress any patron and no patron shall fondle or caress any dancer or performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier and, in the event that a patron disregards this requirement, by employees of the establishment. Page 137 of 372

138 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (e) Procedures No sexually-oriented business shall be established until a land use permit is issued pursuant to The following procedures supersede any inconsistent requirements of : (1) The Administrative Officer shall approve, approve with conditions, or deny the application within thirty (30) days after it is filed. If the application is not approved, approved with conditions, or denied during this time period, it shall be deemed approved. (2) The Administrative Officer shall issued the land use permit if it complies with the requirements of this Section. (f) Appeals (1) Any interested person may appeal the decision of the Administrative Officer to the Board of Zoning Appeals in accordance with the provisions of Article 5 of the Nashua Land Use Ordinance. (2) Consideration of an appeal of the Administrative Officer s decision shall be at a public hearing which shall be noticed as provided in (d) of the Nashua Land Use Ordinance and shall occur within thirty (30) days of the filing or initiation of the appeal. A final decision of the Board of Zoning Appeals shall be rendered not less than thirty (30) days after the date of the initial public hearing. Said time period for rendering a final decision shall be computed from the date of the initial public meeting, and shall not be construed to run from the date of any continuation of said public hearing without the express written consent of the applicant, which consent shall include a knowing waiver of any and all constitutional rights to a hearing within this time period. (3) An appeal to the Hillsborough County Superior Court from any action of the Board of Zoning Appeals hereto shall be taken in accordance with RSA chapter 677. (g) Temporary Permit Pending Judicial Review of Decision to Grant or Deny. (1) Purpose In order to comply with the standards for prompt judicial review of a decision relating to the issuance of a sexually-oriented use permit as set forth in Freedman v. Maryland, 380 U.S. 51 (1965), the following procedures are hereby established. (2) Application If land use permit is denied and an appeal or other legal challenge to said action is filed with the Board of Zoning Appeals and/or in the Nashua District Court or a federal District Court, the applicant may file an application for a temporary land use permit which shall contain all of the information required by Article X, Division 2, B-11 and a copy of the pleadings challenging said decision. If an application for a temporary land use permit is filed during the pendency of any judicial proceedings, the pleadings thereto shall be file-stamped by the circuit clerk of the court in which such proceedings have been filed. (3) Approval Procedure Within five (5) days after receipt of the application for a temporary land use permit, the Administrative Officer shall determine whether the application is complete. If the application is complete, the Administrative Officer shall issue the temporary land use permit within five (5) days after receipt thereof. If the application is not complete, the Administrative Officer shall return the application to the applicant with a statement of the manner in which the application does not conform to the submittal requirements of this Section. Page 138 of 372

139 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (4) Scope of Approval Upon issuance of a temporary land use permit, the applicant may commence operations as set forth in the application for a temporary land use permit. The temporary land use permit shall immediately expire, and the operations shall immediately cease, upon a final decision by the district court and courts of appellate jurisdiction which is not subject to appeal, and which affirms or upholds the decision of the Administrative Officer denying the application for a sexually-oriented use permit. Upon a final decision by the district court and all courts of appellate jurisdiction which is not subject to appeal, and which reverses or invalidates the decision of the Administrative Officer, the temporary land use permit application shall expire and the applicant may commence or continue operations in accordance with the application for a sexually-oriented use permit. Upon a final decision by the district court and all courts of appellate jurisdiction which is not subject to appeal, and which upholds in part and reverses or invalidates in part the decision of the Administrative Officer, the temporary land use permit application shall expire and operations shall immediately cease, and the applicant shall reapply for a permit in accordance with those provisions of this Chapter and/or the actions of the Administrative Officer which were upheld by said decision. (5) Limitations and Exceptions No temporary land use permit shall be issued for a sexually-oriented use within a Residential Zoning District. No temporary land use permit shall be issued for a massage establishment, which activities are not considered expressive conduct protected by the First Amendment. (h) Permit Expiration Any land use permit approved pursuant to this Section shall become null and void if not exercised within one year from the date of the approval. If a sexually-oriented business ceases to operate for a period of six (6) months, the land use permit shall become null and void. A permit extension shall be granted if prior to the expiration date the permittee demonstrates to the satisfaction of the Administrative Officer that it has a good faith intent to presently commence the proposed use. Such extensions shall not exceed a total of two (2) six (6) month extensions. (i) Permit Approval Criteria The Administrative Officer shall not approve or conditionally approve an application for a land use permit unless where the information submitted by the applicant substantiates the following findings: (1) The sexually-oriented business use is consistent with the location requirements of (c) and the applicable performance standards of (d); and (2) The sexually-oriented business is located in a zoning district which lists sexually-oriented businesses as a permitted use; and (3) The sexually-oriented business structure does not contain any apartments or other living quarters; and (4) The applicant is at least 18 years of age; and (5) The applicant has not been found guilty or pleaded nolo contendere within the past four (4) years of a misdemeanor or a felony classified by the state as a sex or sex-related offense pursuant to RSA Chapters 571:B of Article LVIII and Chapters 632, 632:A, 649:A, 649:B, and 650 of Article LXII. (j) Display of License or Permit The land use permit shall at all times be displayed in a conspicuous public place in the sexually-oriented business. Page 139 of 372

140 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (k) Responsibilities of the Operator The City hereby finds that the following information is necessary in order to ensure the proper administration of this , as well as the proper inspection and identification of all persons which control the operation of any sexually-oriented business permitted pursuant to this Chapter. (1) The operator shall maintain a register of all employees, showing the name, and aliases used by the employee, home address, age, birth date, sex, weight, color of hair and eyes, phone numbers, Social Security Number, date of employment and termination, and duties of each employee and such other information as may be required by the Board. The above information on each employee shall be maintained in the register on the premises for a period of one (1) year following termination. (2) The operator shall make the register of employees available immediately upon demand of any law enforcement officer at all reasonable times. (3) Every act or omission by any employee constituting a violation of the provisions of this shall be deemed the act or omission of the operator, if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator s negligent failure to supervise the employee s conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission. (4) An operator shall be responsible for the conduct of all employees while on the licensed premises and any act or omission of any employee constituting a violation of the provisions of this shall be deemed the act or omission of the operator for purposes of determining whether the operator s Land use permit shall be revoked, suspended or renewed. (5) There shall be posted and conspicuously displayed in the common areas of each adult entertainment studio a list of any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed. (6) The operator shall make the list available immediately upon demand of any law enforcement officer at all reasonable times. (7) The owner or operator shall ensure that the premises comply, at all times, with the standards of this Section. (l) Permit Revocation (1) Any permit issued pursuant to the provisions of this Section may be revoked by the Administrative Officer on the basis of any of the following: A. That the business or use has been conducted in a manner which violates one or more of the requirements of this , or if the operator or entertainer or any employee of the operator violates any provision of this provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of thirty (30) days if the Administrative Officer shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge. B. Any cost or fee required to be paid by this is not paid. Page 140 of 372

141 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire C. An operator employs an entertainer who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs as an entertainer without a permit. D. Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the sexually-oriented business or sexually-oriented use. E. That the permittee has failed to obtain or maintain all required City, County, and State licenses and permits; F. That the permit is being used to conduct a use different from that for which it was issued; G. That the building or structure in which the sexually-oriented business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the Building Code, Plumbing Code (Chapter 6, Article 2, Division 3 of the City Code, Ord. No. O , 3, , as amended), or Uniform Fire Code (Chapter 8, Article 3, Division 2 of the City Code, Ord. No. O-98-80, 2, , as amended); H. That the permittee has failed to obtain a business license; or I. That the permittee, if an individual, or any of the officers or general partners, if a corporation or partnership is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state as a sex or sex-related offense pursuant to RSA Chapter 571:B of Article LVIII and Chapters 632, 632:A, 649:A, 649:B, and 650 of Article LXII during the period of the adult establishment s operation; or J. That the use for which the approval was granted has ceased to exist or has been suspended for six (6) months or more. K. False or misleading information or data was given on any application or material facts were omitted from any application. (2) The transfer of a land use permit shall automatically and immediately revoke the Land use permit. (3) Except in the case of subsection (2) hereto, the Administrative Officer before revoking or suspending any license or permit shall give the operator or entertainer at least ten (10) days written notice of the charges against him or her and the opportunity for a public hearing before the Board of Zoning Appeals at which time the operator or entertainer may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. The Board of Zoning Appeals shall notice and conduct a public hearing on the proposed permit revocation. Written notice shall be provided within at least ten (10) days prior to the hearing to all parties who have expressed their interest in writing. The revocation hearing shall be heard by the Board of Zoning Appeals. The Board of Zoning Appeals shall not be bound by the formal rules of evidence at the hearing. The Board of Zoning Appeals shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's land use permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this Section as set forth in (k), above, and the underlying zoning district in which the property is located. The Board of Zoning Appeals shall render its decision within thirty (30) days of the public hearing. All other procedures before the Board of Zoning Appeals shall be governed by of this Chapter. Page 141 of 372

142 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations (4) Any operator or entertainer whose land use permit is revoked shall not be eligible to receive a license or permit for five (5) years from the date of revocation. No location or premises for which a land use permit has been issued shall be used as a sexually-oriented business for two (2) years from the date of revocation of the land use permit. (m) Violations Any person who violates any section of this shall be subject to the provisions of of this Chapter. (n) Applicability to Other Regulations The provisions of this Section are not intended to provide exclusive regulation of the regulated sexuallyoriented uses. Such uses shall comply with any and all applicable regulations imposed in other articles of the Nashua Land Use Ordinance, other City ordinances and state and federal law. (o) Conduct Constituting a Public Nuisance The conduct of any business within the City in violation of any of the terms of this Section is hereby found and declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such sexually-oriented use and restrain and enjoin any person from conducting, operating or maintaining a sexually-oriented use contrary to the provisions of this Section Shopping Centers Purpose: this section is designed to improve the appearance and character of larger shopping centers. This section implements the following Master Plan recommendations: Enhance existing commercial areas with improved landscaping, aesthetics, signage, nighttime light pollution, architectural design, traffic flow and coordination with abutting land uses whenever the opportunity presents itself. (Economic Development) Require developers to set aside adequate amounts of accessible and usable recreational land within subdivisions and on large non-residential tracts, where advisable, through the subdivision and site plan approval processes. (Conservation Element) (a) Applicability This section applies to any of the following uses that include at least thirty-thousand (30,000) square feet of gross floor area: Page 142 of 372

143 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire Land Use Code Use LBCS Functi on LBCS Structu re NAICS Shopping Center, Community Center (general merchandise with two or more anchors) including between 100,000 to 300,000 gross square feet of building area and between ten to thirty acres of site area Shopping Center, Regional center (enclosed mall with two or more anchors) including between 400,000 to 1 million gross square feet of building area and between ten to one-hundred acres of site area Shopping Center, Superregional Center (similar to regional, but has three or more anchors) including at least 500,000 gross square feet of building area and more than one-hundred acres of site area Shopping Center/Superstores, over 60,000 sq. feet Shopping, Fashion/specialty center (higher end, fashion-oriented stores) 2550 Shopping, Home improvement center Shopping, malls, shopping centers, or collection of shops not otherwise enumerated 2500 Shopping, market shops including open markets 2260 Shopping, Outlet or discount center (manufacturer outlet stores) 2580 Shopping, Power center (category-dominated anchors with few small tenants), including between 250,000 to 600,000 gross square feet of building area and between 25 to 80 acres of site area Shopping, theme or festival center (leisure, tourist-oriented, restaurants) (b) Site Design Bus stops, drop-off and pick-up points shall be integrated with traffic patterns on the site. (c) Building Design. See Article V, (d) Open Space and Parks (1) At least two (2) of the following amenities shall be provided in an open space area: ornamental fountains; ornamental lamp posts; stairways; waterfalls; sculptures; arbors; trellises; planted beds; drinking fountains Page 143 of 372

144 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 5, Supplemental Use Regulations clock pedestals; awnings; canopies; or benches, picnic tables, or similar outdoor seating space (2) Not less than one (1) linear foot of seating shall be provided for each fifty (50) square feet of open space. Seating dimensions shall comply with the requirements of the Americans with Disabilities Act to Reserved Temporary Uses Purpose: this section restricts the impacts and permit times for temporary uses such as carnivals, Christmas tree sales, construction offices, and similar temporary uses. (a) This section applies to uses and structures that have only a seasonal or temporary duration, including those uses enumerated in subsections (e) and (f), below, and flea markets, vegetable stands, Christmas tree sales, community festivals, fresh produce stands and temporary promotions by permanent businesses. (b) Any person wishing to establish a temporary use shall obtain a land use permit for such use. (c) The Administrative Officer shall make each of the following findings before issuing a zoning certificate for a temporary use: (1) The temporary use shall not be detrimental to the public health, safety or welfare, and is compatible with the purpose and intent of this zoning ordinance and the specific zoning district in which it is located. (2) The temporary use shall be compatible in intensity, characteristics and appearance with surrounding land uses. Factors such as location, access, traffic generation, noise, light, dust control and hours of operation shall be considered. (3) The temporary use shall comply with the general standards for the zoning district in which it is located, including but not limited to hours of operation, yard requirements, commercial vehicle parking and signs. (4) Adequate off-street parking shall be provided to serve the temporary use. (d) The Administrative Officer may impose such conditions on any proposed temporary use and require such guarantees as he or she deems reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this zoning ordinance and policies of the comprehensive plan. (e) The following temporary uses and structures shall be permitted in all zoning districts, except as otherwise specified below, provided such temporary use or structure shall comply with the regulations of the zoning district in which it is located and all other applicable regulations of this Chapter. (1) The indoor or outdoor storage of building materials and equipment and temporary buildings for construction purposes may be allowed as a temporary use, provided that such storage or temporary building shall be located on the site under construction and shall not exceed the duration of such construction or one (1) year, whichever is less. The Administrative Officer, upon written request, may for good cause shown grant extensions to this time limit. Page 144 of 372

145 Article III, Zoning Division 5, Supplemental Use Regulations Land Use Code City Of Nashua, New Hampshire (2) Temporary real estate tract offices for the purpose of conducting the sale of lots of the tract upon which the tract office is located may be allowed as a temporary use, provided such office shall be located on the tract for a period not to exceed one (1) year. The Administrative Officer, upon written request, may for good cause shown grant extensions to this time limit. (3) Indoor or outdoor temporary amusement events, including the erection of tents for such event, may be allowed as a temporary use, provided such use shall not exceed a duration of fifteen (15) days in one (1) calendar year. In the residence and office residence districts, such temporary amusement events shall be located on institutional and public uses property only. (4) The seasonal outdoor sale of Christmas trees may be allowed as a temporary use in the following locations: i. On vacant and developed properties within commercial zoning districts. ii. On properties with existing commercial businesses in non-commercial zoning districts where tree sales have occurred for at least five years as evidenced by vendors permits issued by the City Clerk s office. No zoning authorization shall be given to establish new sites. iii. On vacant properties in non-commercial zoning districts where the site has been used historically for tree sales. (f) Temporary business use. The Administrative Officer may approve the temporary use of a mobile home for living quarters, office, storeroom or shop in connection with construction work in any zoning district, provided that: (a) (b) (c) A permit for temporary business use is required from the Administrative Officer. To obtain a permit, the construction firm or its representative shall file a statement which shall include the name of the firm, its home office address, the estimated period of stationing requested and the proposed use of the mobile home. Such permit may be extended upon request for sufficient reason. Any sanitary facilities to be used shall be sewer-connected to a disposal system approved by the plumbing inspector and the health officer. The Administrative Officer shall be notified upon the removal of a mobile home stationed for a temporary business use Utility Structures See Article VIII to Reserved Page 145 of 372

146 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 6, Floodplain Management Division 6. Floodplain Management Title This Article, adopted pursuant to the authority of RSA 674:16, shall be known as the City of Nashua Floodplain Development Ordinance Applicability The regulations in this Chapter shall overlay and supplement the regulations in Article III of this Chapter, and shall be considered part of Article III for purposes of administration and appeals under state law. If any provision of this Chapter differs or appears to conflict with any provision of the Zoning Ordinance or other ordinance or regulation, the provision imposing the greater restriction or more stringent standard shall be controlling District Delineation The following regulations in this Chapter shall apply to all lands designated as special flood hazard areas by the Federal Emergency Management Agency (FEMA) in its "Flood Insurance Study for the City of Nashua, N.H." together with the associated Flood Insurance Rate Maps, and Flood Boundary and Floodway Maps of the City dated July 3, 2002, and any amendments thereto, which are declared to be a part of this Chapter and are hereby incorporated by reference, and any subsequent revisions thereto Definition of Terms The following definitions shall apply only to this Floodplain Development Ordinance, and shall not be affected by the provisions of any other ordinance of the City of Nashua. Area of Shallow Flooding A designated A0, AH, or V0 zone on the Flood Insurance Rate Map (FIRM) with a one percent or greater annual possibility of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard The land in the floodplain within the City of Nashua subject to a one percent or greater possibility of flooding in any given year. The area is designated as zone A on the FHBM and is designated on the FIRM as zones A, AH or A1-30. Base Flood The flood having a one percent possibility of being equaled or exceeded in any given year. Basement Any area of a building having its floor subgrade on all sides. Building See "structure". Development Any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operation. FEMA The Federal Emergency Management Agency. Page 146 of 372

147 Article III, Zoning Division 6, Floodplain Management Land Use Code City Of Nashua, New Hampshire Flood or Flooding A general and temporary condition of partial or complete inundation of normally dry land areas from: a. the overflow of inland or tidal waters, or b. the unusual and rapid accumulation or runoff of surface waters from any source. Flood Boundary and Floodway Map (Floodway Map) The official map of the City of Nashua, on which FEMA has delineated the "Regulatory Floodway". This map should not be used to determine the correct flood hazard zone or base flood elevation, the Flood Insurance Rate Map (FIRM) will be used to make determinations of flood hazard zones and base flood elevations. Flood Elevation Study An examination, evaluation, and determination of flood hazards and if appropriate, corresponding water surface elevations, or an examination and determination of mudslide or flood related erosion hazards. For purposes of this Article, the Flood Elevation Study means the document entitled Flood Insurance Study for the City of Nashua, New Hampshire, published by the Federal Emergency Management Agency and dated July 3, 2002, and any amendments thereto, together with the associate flood insurance rate maps, which document is hereby incorporated by reference and declared to be a part of this Article. Flood Insurance Rate Map (FIRM) The official maps incorporated with this Chapter, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the City of Nashua. Flood Insurance Study See "Flood elevation study". Floodplain or Flood prone area Any land area susceptible to being inundated by water from any source (see definition of "Flooding"). Flood proofing Any combination of structural and non structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents. Floodway See "Regulatory Floodway". Functionally dependent use A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking and port facilities that are necessary for the loading/unloading of cargo or passengers, and ship building/repair facilities but does not include long term storage or related manufacturing facilities. Highest Adjacent Grade The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Page 147 of 372

148 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 6, Floodplain Management Historic Structure Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: A. by an approved state program as determined by the Secretary of the Interior, or B. directly by the Secretary of the Interior in states without approved programs. Lowest Floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such an enclosure is not built so as to render the structure in violation of the applicable non elevation design requirements of this Chapter. Manufactured Home A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" includes park trailers, travel trailers, and other similar vehicles placed on site for greater than 180 days. Mean Sea Level The National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a communities Flood Insurance Rate Map are referenced. l00 Year Flood See "base flood" Recreational Vehicle A vehicle that is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. Regulatory Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation. These areas are designated as floodways on the Flood Boundary and Floodway Map. Page 148 of 372

149 Article III, Zoning Division 6, Floodplain Management Land Use Code City Of Nashua, New Hampshire Floodway Flood Fringe Flood Fringe Base Flood Elevation Channel Special Flood Hazard Area An area having flood, mudslide, and/or flood related erosion hazards, and shown on an FHBM or FIRM as zone A, A0, Al 30, AE, A99, AH, V0, Vl 30, VE, V, M, or E. (See "Area of Special Flood Hazard") Structure For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Start of Construction Includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling ; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure. Substantial Damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to its prior condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement Any combination of repairs, reconstruction, alteration, or improvements to a structure in which the cumulative cost equals or exceeds fifty percent of the market value of the structure. The market value of the structure should equal: (1) the appraised value prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have Page 149 of 372

150 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 6, Floodplain Management incurred substantial damage, regardless of actual repair work performed. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". Water Surface Elevation The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains Construction Requirements The Building Department shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in a special flood hazard area, all new construction or substantial improvements shall: (a) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (b) be constructed with materials resistant to flood damage; (c) be constructed by methods and practices that minimize flood damages; and (d) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding Water and Sewer Systems Where new or replacement water and sewer systems (including on-site systems) are proposed in a special flood hazard area the applicant shall provide the Administrative Officer with assurance that these systems will be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on site waste disposal systems will be located to avoid impairment to them or contamination from them during periods of flooding Certification For all new or substantially improved structures located in Zones A, A1-30, AE, A0 or AH, the applicant shall furnish the following information to the Building Department: (a) the as-built elevation (in relation to NGVD) of the lowest floor (including basement) and include whether or not such structures contain a basement. (b) if the structure has been floodproofed, the as-built elevation (in relation to NGVD) to which the structure was floodproofed. (c) any certification of floodproofing. The Building Department shall maintain the aforementioned information for public inspection, and shall furnish such information upon request Other Permits The Administrative Officer shall not grant a building permit until the applicant certifies that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U. S. C Page 150 of 372

151 Article III, Zoning Division 6, Floodplain Management Land Use Code City Of Nashua, New Hampshire Watercourses (a) Notice In riverine situations, prior to the alteration or relocation of a watercourse the applicant for such authorization shall notify the Wetlands Bureau of the New Hampshire Environmental Services Department and submit copies of such notification to the Administrative Officer, in addition to the copies required by RSA 482-A:3. Further, the applicant shall submit copies of said notification to those adjacent communities as determined by the Administrative Officer, including notice of all scheduled hearings before the Wetlands Bureau. (b) Certification The applicant shall submit to the Administrative Officer, a certification provided by a registered professional engineer, assuring that the flood carrying capacity of an altered or relocated watercourse can and will be maintained. (c) Watercourses Within Regulatory Floodways Along watercourses with a designated Regulatory Floodway no encroachments, including fill, new construction, substantial improvements, and other development are allowed within the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in flood levels within the community during the base flood discharge. In zone A the Administrative Officer shall obtain, review, and reasonably utilize any floodway data available from Federal, State, or other sources as criteria for requiring that development meet the floodway requirements of this section. (d) Watercourses Outside Regulatory Floodways Along watercourses that have not had a Regulatory Floodway designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within zones Al 30 and AE on the FIRM, unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community Special Flood Hazard Areas (a) Determination of Flood Elevation In special flood hazard areas the Administrative Officer shall determine the 100 year flood elevation in the following order of precedence according to the data available: (1) In zones Al 30, AH, AE, refer to the elevation data provided in the community's Flood Insurance Study and accompanying FIRM or FHBM. (2) In unnumbered A zones the Administrative Officer shall obtain, review, and reasonably utilize any 100 year flood elevation data available from any federal, state or other source including data submitted for development proposals submitted to the community (i.e. subdivisions, site approvals). (3) In zone A0 the flood elevation is determined by adding the elevation of the highest adjacent grade to the depth number specified on the FIRM or if no depth number is specified on the FIRM at least 2 feet. Page 151 of 372

152 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 6, Floodplain Management (b) Criteria The Administrative Officer's 100 year flood elevation determination will be used as criteria for requiring in zones A, Al 30, AE, AH, A0, and A that: (1) All new construction or substantial improvement of residential structures have the lowest floor (including basement) elevated to or above the 100 year flood elevation. (2) That all new construction or substantial improvements of non residential structures have the lowest floor (including basement) elevated to or above the 100 year flood level; or together with attendant utility and sanitary facilities, shall: A. be floodproofed so that below the 100 year flood elevation the structure is watertight with walls substantially impermeable to the passage of water; B. have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and C. be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. (3) All manufactured homes to be placed or substantially improved within special flood hazard areas shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood level; and be securely anchored to resist floatation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors. (4) All recreational vehicles placed on sites within Zones A, A1-30, AH, and AE shall either: A. be on the site for fewer than 180 consecutive days; B. be fully licensed and ready for highway use; or C. meet all standards of Section 60.3 (b) (1) of the National Flood Insurance Program Regulations and the elevation and anchoring requirements for "manufactured homes" in Paragraph (c) (6) of Section (5) For all new Construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding are permitted provided they meet the following requirements: A. the enclosed area is unfinished or flood resistant, usable solely for the parking of vehicles, building access or storage; B. the area is not a basement; C. shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. Page 152 of 372

153 Article III, Zoning Division 6, Floodplain Management Land Use Code City Of Nashua, New Hampshire 2. The bottom of all openings shall be no higher than one foot above grade. 3. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwater. (6) Proposed structures to be located on slopes in special flood hazard areas, zones AH and AO shall include adequate drainage paths to guide flood waters around and away from the proposed structures Special Requirements for Subdivisions and Site Plans The requirements of this Article apply to applications for subdivision and site plan approval. Requirements for subdivisions/site plans having land designated as "Special Flood Hazard Areas" (SFHA) by the National Flood Insurance Program (NFIP) are as follows: (a) The Planning Board shall review the proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C (b) The Planning Board shall require that all proposals for development greater than 50 lots or 5 acres, whichever is the lesser, include Base Flood Elevation (BFE) data within such proposals (i.e. floodplain boundary and 100-year flood elevation). (c) The Planning Board shall require the applicant to submit sufficient evidence (construction drawings, grading and land treatment plans) so as to allow a determination that: (1) all such proposals are consistent with the need to minimize flood damage; (2) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and, (3) adequate drainage is provided so as to reduce exposure to flood hazards Variances and Appeals (a) Appeals Any order, requirement, decision or determination of the Administrative Officer made under this Chapter may be appealed to the Zoning Board of Adjustment as set forth in RSA 676:5 and Article IV of this Chapter. (b) Variances If the applicant, upon appeal, requests a variance as authorized by RSA 674:33, I(b), the applicant shall have the burden of showing in addition to the usual variance standards under state law that: (1) the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense. (2) if the requested variance is for activity within a designated regulatory floodway, no increase in flood levels during the base flood discharge will result. (3) the variance is the minimum necessary, considering the flood hazard, to afford relief. Page 153 of 372

154 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 6, Floodplain Management (c) Notice to Applicant The Zoning Board of Adjustment shall notify the applicant in writing that: (1) the issuance of a variance to construct below the base flood level will result in increased premium rates for flood insurance ; and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. (d) Records The Administrative Officer shall: (1) maintain a record of all variance actions, including the justification for their issuance, and (2) report such variances issued in its annual or biennial report submitted to FEMA s Federal Insurance Administrator to Reserved Division 7. Impact Fees Authority This article is adopted pursuant to New Hampshire RSA 674:17, 674:21, 674:35, 674:36, 674:43, and 674: Intent and Purpose This Article is intended to: (a) Implement and be consistent with the City of Nashua's Master Plan and Capital Improvement Program and zoning, site plan and subdivision regulations; (b) Allocate a fair and equitable share of the cost of certain new public facilities for education to new development; (c) Require new development to contribute some of its proportionate share of funds spent or to be spent by the city to accommodate the new development's impact on certain public facilities for education having a rational nexus to the new development; and (d) Implement the relevant portions of the Nashua Subdivision Regulations and Site Plan Review Regulations Findings The City of Nashua finds, determines and declares that: (a) The City of Nashua is committed to the provision of public educational facilities and services at levels necessary to support continued residential and nonresidential growth and development, including low and moderate income housing. Page 154 of 372

155 Article III, Zoning Division 7, Impact Fees Land Use Code City Of Nashua, New Hampshire (b) Such facilities and services have been and will, in appropriate cases, be provided by the city utilizing funds consistent with the Capital Improvements Program and other plans and programs adopted by the city. (c) Recent and anticipated growth rates would necessitate an excessive expenditure of public funds in order to maintain adequate facility standards and to promote and protect the public health, safety and welfare. (d) Each of the types of new development described in this Public Schools Capital Facilities Impact Fee Ordinance will create a need for the construction, equipping, or expansion of public capital facilities for education. (e) The imposition of impact fees is one of the methods of ensuring that public expenditures are not excessive, and that new development bears a proportionate share of the cost of public capital facilities necessary to accommodate such development. (f) The fees set forth in the Public Schools Capital Facilities Impact Fee Table are derived from, and do not exceed the cost of: (1) Providing additional public capital facilities for education necessitated by or benefiting the new development for which the fees are levied; or (2) Compensating the City of Nashua for expenditures made for existing public facilities for education that were constructed in anticipation of new growth and development. (g) This article sets forth and is based upon a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs of public capital educational facilities in the City of Nashua and provides a rational nexus between new development and the assessment of fees pursuant to this article. The AER report was considered in developing this article Applicability and Rules of Construction This article shall be uniformly applicable to all new development that occurs within the corporate boundaries of the City of Nashua. This article does not apply to capital infrastructure other than schools and it is not intended to eliminate, reduce or limit impact or other development fees that may be collected or collectible by the city, the collection of which is hereby continued to be authorized, on account of the need for other infrastructure occasioned by development, including, without limitation, those roads, sewers, street lighting, sidewalks, police and fire services, city government and public works services, or any other thing Definitions For purposes of this article, the following special definitions shall apply: AER Report The report entitled Analysis of Development Impact Fees in Nashua, October 1994, prepared by Applied Economics Research, Inc. Detached single-family A residential building containing not more than one dwelling on a single lot. Detached single-family condominium A residential use consisting of two (2) or more single family detached dwellings on a single lot. Page 155 of 372

156 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 7, Impact Fees Duplex A residential use consisting of two (2) dwellings on a single lot. Dwelling See Article X, Division 1. Feepayer The person (as defined in RSA 424:1 V) who has applied for the issuance of a building permit. Living area Those areas (in square feet) of a dwelling suitable for year-round occupancy, not including: unfinished basements, decks, garages, three (3) season porches, or unfinished attics. Manufactured housing See the definition outlined in RSA 673:31. Manufactured home See Article X, Division 1. Multi-family dwelling See Article X, Division 1. New development Any building permit application that is submitted to the city that results in: (1) The construction of a new dwelling(s); (2) The conversion of an existing non-residential use to a dwelling(s). New development does not include: (1) The reconstruction of a structure that has been destroyed by fire or natural disaster, and natural deterioration provided that there is no change in the size, density, or use of the structure; (2) The replacement of a manufactured home; or (3) The construction of an accessory structure to a dwelling that would not increase the demand for public capital educational facilities by the owner or user of the dwelling. (4) The addition/renovation(s) to an existing dwelling(s). Public capital facilities All assets, facilities, and equipment relating to public education services that are described in RSA 674:21, V. Townhouse At least two (2) dwellings that share a common wall in which each dwelling has living space on the ground floor and a separate, ground floor entrance. Page 156 of 372

157 Article III, Zoning Division 7, Impact Fees Land Use Code City Of Nashua, New Hampshire Assessment of Impact Fees (a) Any person who seeks to undertake new development within the City of Nashua, New Hampshire shall be liable to pay impact fees in the manner and amount set forth in and of this Article. (b) The exact impact fee due and payable at issuance of a certificate of occupancy will be determined prior to the issuance of the building permit with the applicant being notified of such Computation of the Amount of Impact Fees (a) The amount of the impact fee shall be determined by multiplying the livable area by the appropriate dwelling fee appearing in the table below. Table 11-1 Impact Fee Table Residential (per dwelling) School facilities (per sq. feet) Maximum fee possible Detached Single Family $1.00 $3, Manufactured Housing $0.50 $1, Attached Townhouse Duplex Dwellings Detached Single Family Condo (Condominium or Apartment) Multi-Family Dwelling (Garden-style or multi-story condominium or apartment) $0.50 $1,100 $0.50 $ All Other $0.50 $ (b) NRO (Permitted uses) shall be used by the Administrative Officer to determine which fee category applies to development. If the type of proposed new development is not specified, the Administrative Officer shall establish applicable impact fees by using the most nearly comparable type of land use listed in The decision of the Administrative Officer may be appealed to the Planning Board. (c) In the case of a change of a non-residential use to a residential use, the impact fee shall be assessed per subsection (a). (d) In the case of a change from one type of residential use to another type of residential use, the impact fee shall be the difference (if positive) between the calculation of the impact fee for the existing use and the calculation of the impact fee for the new use Payment of Impact Fee (a) The feepayer shall pay the impact fee required by this article to the City of Nashua prior to the issuance of a certificate of occupancy. (b) All unpaid fees shall constitute a lien on the affected property and an obligation of the property owner, and may be collected in the same manner as uncollected property taxes. The lien shall run with the land. Page 157 of 372

158 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 7, Impact Fees Administration of Funds Collected All impact fees collected shall be held by the city treasurer and shall be properly identified by and promptly transferred for deposit in the appropriate Public Capital Educational Facilities Impact Fee Accounts as determined in of this Article and used solely for the purposes specified in this article. Impact fee accounts shall be special revenue fund accounts and under no circumstances will impact fee revenues accrue to the general fund Custody and Maintenance of Fund Accounts (a) There are hereby established one (1) separate Public Capital Educational Facilities Impact Fee Account: (1) the School Facilities Account. This shall be a non-lapsing, interest-bearing account that is not commingled with other city funds. (b) At the end of each fiscal year, the city treasurer shall make a report giving a particular account of all Impact Fee transactions during the year. Said report may be a portion of the city's annual report or audit. (c) Funds withdrawn from this account must be used in accordance with the provisions of , and (d) The city treasurer shall have custody of all accounts, and shall pay out the same only upon written request of the mayor and Board of Aldermen Use of Funds (a) Funds withdrawn from any of the Public Capital Educational Facilities Impact Fee Accounts shall be used solely for the purpose of acquiring, constructing, equipping, or making improvements to the particular Public Capital Educational Facilities for which the account is designated, or for making refunds as provided in of this Article. (b) In the event that bonds or similar debt instruments have been issued for Public Capital Educational Facilities that were constructed in anticipation of current growth, or are issued for advance provision of Public Capital Facilities for which Impact Fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type for which the impact fees were collected. (c) The periodic updates of the city's Capital Improvement Program shall contain a methodology for assigning funds, including any accrued interest, from the Public Capital Educational Facilities Impact Fee Accounts to specified Public Capital Educational Facilities improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period, shall be retained in the same Public Capital Educational Facilities Impact Fee Accounts until next fiscal period except as provided in of this Article Refund of Fees Paid The current owner of record of property for which an impact fee has been paid shall be entitled to a refund of that fee, plus accrued interest where: (a) The building permit has expired without the commencement of construction, the voiding of a building permit, or the project for which the building permit has been issued has been altered, resulting in a decrease in the amount of the impact fee due. (b) The impact fee has not been expended or encumbered for Public Capital Facilities for which it was collected within the period of six (6) years from the payment of the impact fee. Page 158 of 372

159 Article III, Zoning Division 7, Impact Fees Land Use Code City Of Nashua, New Hampshire (c) In the event of transfer of title to land from an owner who has paid an impact fee to a new owner, the parties to said conveyance shall be responsible for allocating any potential refund between themselves, as the city shall only be responsible for paying over any statutorily required refund to the then current property owner Credits Against Payment of Impact Fees The Board of Aldermen may abate the impact fee in whole or in part, if the feepayer elects to construct, at their expense, the public capital facility listed in the capital improvements program. If the feepayer elects to make such an improvement, the feepayer must enter into an agreement with the city prior to the issuance of a building permit. In no event shall the city provide a credit in an amount greater than the applicable impact fee Additional Requirements Payment of impact fees does not restrict the city to require a feepayer to pay for or provide other municipal public improvements, fees, assessments or charges that are allowed by law in accommodating new development such as road improvements, sewer fees and charges, sidewalks, government service fees, easements, of other reasonable requirements Waiver of Impact Fee An applicant may petition the Board of Aldermen for a full or partial waiver of the fee imposed by this article if the proposed new development consists of low or moderate income housing or elderly housing which can be reasonably expected not to require additional educational facilities. For purposes of this paragraph, "low income housing" is housing considered "low income housing" by federal legislation and regulations governing eligibility for housing assistance. The Planning Board and Administrative Officer shall evaluate the request, and forward written findings and recommendations to the mayor and Board of Aldermen for consideration. The amount of the impact fee waived shall be proportional to the amount of the new development which is dedicated to low income or elderly housing Planning Board Authority Nothing in this article shall be construed so as to limit the existing authority of the Planning Board to provide against development which is scattered or premature, requires an excessive expenditure of public funds for capital facilities or improvements that are not Public Capital Facilities, or otherwise violates the City of Nashua's Site Plan Review Regulations, Subdivision Regulations, or Zoning Ordinance Appeals Any application or administration decision of this article shall be appealed to the Planning Board to Reserved Page 159 of 372

160 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 8, Lighting Division 8. Lighting Purpose and Findings. The benefits of good outdoor lighting are increased safety, energy efficiency, enhancement of the city s evening character and improved security. New technologies have created extremely powerful lights which can inadvertently lead to excessive glare, light trespass and higher energy use. Concerns resulting from excessive glare and light trespass include safety issues, loss of privacy and increased energy costs for everyone. The goal of this lighting section of the ordinance is to recognize the benefits of outdoor lighting and provide clear guidelines for its installation. Appropriately regulated and properly installed, outdoor lighting will maintain and complement the city s character and contribute to the safety and welfare of the residents of the city. The intent of this Chapter is to reduce the problems created by improperly designed and installed outdoor lighting by establishing regulations which limit the area that certain outdoor lighting luminaries can illuminate and by limiting the total allowable illumination of lots located in the City of Nashua Applicability (a) Generally (1) All public and private outdoor lighting installed in the City of Nashua shall be in conformance with the requirements established by this Article. (2) This section does not apply to applications within the D-1 or D-3 Downtown Zoning Districts, except as provided in 16-31(b)(7). (b) Waivers A waiver from the requirements of this Section may be filed with the Planning Board pursuant to (c) Exceptions (1) Any luminaire with a lamp or lamps rated at a total of 1800 lumens or LESS, and all flood or spot luminaries with a lamp or lamps rated at 900 lumens or LESS, may be used without restriction to light distribution or mounting height, except that if any spot or flood luminaire rated 900 lumens or LESS is aimed, directed, or focused so as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions. (2) Luminaires used for public-street illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property. (3) All temporary lighting required for construction projects, related to road construction and repair, installation of sewer and water facilities, and other public infrastructure. (4) All temporary emergency lighting needed by the police or fire departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this article. (5) All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this article, except that all luminaries used must be red and must be shown to be as close as possible to the Federally required minimum lumen output requirement for the specific task. Page 160 of 372

161 Article III, Zoning Division 8, Lighting Land Use Code City of Nashua, New Hampshire (6) Subject to the restrictions of the sign provisions of this Chapter, luminaires used primarily for sign illumination may be mounted at any height to a maximum of 25 feet, regardless of lumen rating. (7) Luminaires used for the lighting of areas used exclusively or primarily for outdoor recreation may be mounted at any height Control of Glare Luminaire Design Factors (a) Light levels shall not exceed 0.2 foot candles at any property line. This subsection does not apply if any property line that separates two or more lots or parcels under common ownership or similar adjacent uses, including: (1) Multiple and single lots held in common ownership and separate ownership that are subject to a common site plan approval, and (2) Contiguous parcels, with or without an approved site plan (common to both or separate), that share common access or parking. (b) Any luminaire with a lamp or lamps rated at a total of MORE than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of MORE than 900 lumens, shall not emit more than 3% direct light above a horizontal plane through the lowest direct-light-emitting part of the luminaire. (c) Any luminaire with a lamp or lamps rated at a total of MORE than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of MORE than 900 lumens, shall be mounted at a height equal to or less than the value 3 + (D/3), where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire shall not exceed 25 feet. (d) Any temporary outdoor lighting that conforms to the requirements of this section of this Section is permitted. (e) The Applicant shall submit a Lighting Plan as required by Article X, Division 2, B Nonconforming Lighting (a) Nonconforming Luminaires All luminaires lawfully in place prior to the effective date of this section of the ordinance may continue to be used. However, any luminaire that replaces a nonconforming luminaire, or any nonconforming luminaire that is moved must meet the standards of this section of the ordinance. (b) Nonconforming temporary outdoor lighting Nonconforming temporary outdoor lighting may be permitted by conditional use permit from the Planning Board under the approval criteria listed in and after considering: (1) the public and/or private benefits that will result from the temporary lighting; (2) any annoyance or safety problems that may result from the use of the temporary lighting; and (3) the duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Planning Board. Page 161 of 372

162 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 9, Signs to Reserved Division 9. Signs Short title This division shall be known as the Sign Ordinance of Nashua, New Hampshire Interpretation (a) Definitions The Applicability subsection of each sign structure described in to provides a definition of the type of sign subject to this Section. See Article X, Division 1 for additional definitions. To the extent that a provision of this Article and another section of the NRO conflict, the provisions of this Article control. (b) No Content Restrictions Notwithstanding any other provision of this Chapter, no sign shall be subject to any limitation based on the content of the message contained on such sign. Any sign authorized in this Article may contain any noncommercial copy in lieu of any other copy Prohibited Signs Any sign not specifically authorized by this Chapter is prohibited unless required by law. The following signs and conditions are prohibited: (a) (b) (c) (d) (e) (f) Any sign located within, on, or projecting over a property line which borders a public or private street, highway, alley, lane, parkway, avenue, road, sidewalk, or other right-of-way, except as provided in this Chapter. The Administrator may cause to be removed any temporary or portable sign erected or displayed upon, or projecting into public property. Any sign attached to any public utility pole or structure, street light, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property, except as provided herein. Any sign placed, which by reason of its location, will obstruct the view of any authorized traffic sign, signal or other traffic control device or which by reason of shape, color, or position interferes with or could be confused with any authorized traffic signal or device. Any sign which is placed so as to prevent or inhibit free ingress to or egress from any door, window, or any exit way required by the Building Code or the Fire Code. Any flashing sign or other sign or lighting device, whether on the exterior of the building, or on the inside of a window which is visible beyond the boundaries of the lot or parcel, or from any public right-of-way, with intermittent, flashing, rotating, scintillating, blinking, or strobe light illumination, including an electronic message device, except as provided in (b), or the regulations applicable to a particular sign structure. Any sign with unshielded incandescent, metal halide, or fluorescent light bulbs. Page 162 of 372

163 Article III, Zoning Division 9, Signs Land Use Code City Of Nashua, New Hampshire (g) (h) (i) Any sign which emits audible sound, odor, smoke, steam, laser or hologram lights, or other visible matter, including any sign that employs any stereopticon or motion picture projection. Any sign animated by any means, including fixed aerial displays, balloons, pennants, including strings of flags, streamers or devices affected by the movement of the air. Any rotating sign. (j) Any banners or temporary signs, except as provided for in (k) (l) (m) (n) Any portable sign or attention getting device including but not limited to: sandwich, A-frame, tire rim, animated sign, stuffed animal, or vehicle used as a sign or sign structure; and/or string of lights arranged in the shape of a product, arrow, or any commercial message, except as provided for in , or where permitted in the D Downtown District. A-frame signs may be used on a public sidewalk in the D Downtown District where approved by the Board of Public Works. Any sign mounted, attached or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on the public right-of-way or private premises in a manner intended to attract attention of the public for advertising purposes. Such signs or devices are considered portable signs within the meaning of these regulations and are prohibited. This provision expressly excludes business signs that are permanently painted on, or magnetically attached to motor vehicles or rolling stock that are regularly and consistently used to conduct normal business activities. Any sign painted, attached or mounted on fuel tanks, outdoor storage containers and/or solid waste receptacles or their enclosures. Any unauthorized sign attached to existing signs, outdoor light poles, or other structures Sign Permits (a) Applicability No sign may be established without a sign permit issued by the Administrator, unless exempted by this subsection. (b) Permit Not Required The following signs do not require sign permits, and are permitted in all zoning districts: (1) Signs installed by government bodies. (2) Utility signs. (3) Real estate signs not to exceed eight (8) square feet for single-family residential properties, sixteen (16) square feet for multi-family residential properties and thirty-two (32) square feet for all other uses in all other zoning districts. Real estate signs are limited to one per each side of the property abutting a public right-of-way and must be removed within 30 days after the sale, rental or lease. (4) National, state or corporate flags. Corporate flags shall not exceed a maximum area of forty (40) square feet. Page 163 of 372

164 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 9, Signs (5) Nameplates and historic markers, a maximum area of two (2) square feet. (6) Building name sign, a maximum sign area of twelve (12) square feet. (7) Alterations that include repainting, changing copy, or replacement of the existing sign face. (8) Signs that are clearly shown on a site plan approved by the Planning Board. (9) Charitable and Public Service Signs. (10) Political Signs. (11) Contractor signs not to exceed thirty-two (32) square feet, except on projects that exceed one (1) acre in size where the maximum sign area shall be sixty-four (64) square feet. Such sign shall be removed within thirty (30) days after completion of the project. (12) Directional, directory and on-site, internal, traffic control signs in accordance with (13) Temporary signs, no greater than twelve (12) square feet, advertising on-site employment opportunities. (14) Signs affixed to the interior side of a window so as to be visible from the exterior that advertise products or services available within the building, prices, payment methods, or sales. However, such signs shall not cover more than twenty-five (25%) percent of the total visible window area. (15) Lettering, logos or graphics affixed to products or packaging displayed for on-site sales. (16) Lettering, logos or graphics identifying or describing products or their manufacturers, vendors or distributors which are affixed to the exterior of equipment such as vending machines, gasoline pumps and other similar equipment. (17). Lettering, logos or graphics affixed to registered motor vehicles or equipment that identify the business owners or operators of the vehicle or equipment, or their manufacturers. (18) Temporary signs, which advertise garage or yard sales, or lost pets. (19) On-site temporary signs advertising the opening of a new business. (20) Customary signs that give warning, no larger than two (2) square feet in area, bearing messages such as "Beware of Dog" or "No Trespassing". (c) Initiation A sign permit application shall be submitted to the Administrative Officer. The application shall include a sign plan as set forth in Article X, Division 2. (d) Completeness Review The Administrative Officer shall determine whether the sign permit application is complete (as provided in ) within ten (10) days after the application is filed. Page 164 of 372

165 Article III, Zoning Division 9, Signs Land Use Code City Of Nashua, New Hampshire (e) Notice No notice is required for a sign permit application. (f) Decision (1) The Administrative Officer shall approve or deny the application within the time periods prescribed below after it is determined to be complete. Applications found to be incomplete shall be denied. If the application is denied, the Administrative Officer shall provide notice to the applicant in writing, which notice shall explain any deficiencies in the application and how an applicant may proceed under this Section and Article IV of this Chapter. (2) Upon a finding by the Administrative Officer that the application complies with the provisions of this article, the Administrator shall cause to be issued a sign permit for installation by the applicant. Such issuance shall be made within fifteen (15) working days of the city's receipt of the completed application unless a variance is requested. (3) If a sign permit for the sign location or design applied for shall be denied, the applicant shall be notified within fifteen (15) working days of the city's receipt of the completed application. The Administrator shall advise the applicant of the specific cause of such denial, and may suggest alternative locations or design modifications. (4) Any aggrieved individual may appeal the decision of the Administrative Officer regarding the interpretation of this division or subsequent action with respect to the issuance or denial of a permit. All appeals must be submitted within thirty (30) calendar days after a decision or action. The Zoning Board of Adjustment shall consider the appeal and shall render a decision approving or denying the sign application within fortyfive (45) days after the notice of appeal is filed. If a decision is not rendered within this time period, the application shall be deemed approved. (g) Approval Criteria The Administrative Officer shall issue the requested sign permit if the sign permit application complies with this Article. Otherwise the Administrative Officer shall deny the sign permit application as specified above in (f)(1). (h) Subsequent Applications When a sign permit application is denied by the Administrative Officer, an applicant may resubmit their application when the specific cause(s) for denial by the Administrative Officer have been addressed in a revised application. The revised sign permit application must include revised drawings, measurements, illumination, and any other items required by Article X, Division 2, to remedy the causes for initial denial. (i) Amendments No new sign or modification of the size, materials, or design characteristics of a sign shall occur unless a new sign permit is issued in accordance with the procedures established in subsections (a) (f), above. (j) Scope of Approval Following issuance of a sign permit, the applicant shall comply with the requirements of the Sign Ordinance. Page 165 of 372

166 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 9, Signs Sign Requirements by District (a) Number of Signs per District The maximum cumulative number and maximum cumulative area of all sign structures permitted for any lot, parcel or business within a zoning district is set forth in the following sections. (b) Exemption This section does not apply to political signs or any other sign displaying a noncommercial message. (c) Historic district Purpose and findings: the historic district is an overlay district distinguished by a large number of houses of the late Federal, Greek Revival, Italianate, second Empire and Queen Anne styles of architecture, and some Italianate commercial buildings. The scale, type and materials of signs should respect the unique character of the district and architectural integrity of the historic structures. The following signage is not permitted within the Historic District: (1) Internally illuminated signs. (2) Electronic message centers. (3) Portable, changeable copy signs. (4) Flashing signs and changing signs (electronic) Sign Structure Standards Sections through contain standards for different types of sign structures. These standards regulate the dimensions, location and design of signs based upon their structural characteristics or location. Each section follows a common format in order to enhance readability. The format for each section is as follows: (a) Applicability The applicability section includes a definition of the type of sign subject to regulation. (b) Changing signs (1) Applicability This subsection (b) applies to any sign that is either electronically or electrically controlled to illustrate different copy changes on the same sign. This sign's message may be changed by electronic switching or automatic switching of lamps or alteration in the level of illumination or other illumination source to form words, letters, designs, figures, numerals and pictures often through the apparent vertical or horizontal movement of light. Such signs shall not include a flashing light source. In the case of a changing sign (electronic), flashing shall be defined as an interval of illumination less than five (5) seconds in duration. These signs are commonly used to display time, temperature, date and message centers or reader boards, indexing signs, and those known as electronic message centers. Page 166 of 372

167 Article III, Zoning Division 9, Signs Land Use Code City Of Nashua, New Hampshire (2) Electronic Message Center Where electronic message centers are permitted, they shall be subject to all of the following restrictions: A. The changing sign (electronic) may not exceed fifty (50) percent of the area of the sign or fifty-two (52) square feet, whichever is smaller. B. The changing sign (electronic) shall be restricted to three (3) lines of text only and no additional symbols, graphics or images shall be allowed. Signs which are restricted to the display of the current local time and the current local temperature shall be restricted to one (1) line of text. C. All illumination elements on the face of a changing sign (electronic) shall remain at a fixed level of illumination for a period of not less than five (5) seconds. D. Changes from one message to another shall be accomplished by the change of all illumination elements on the face of a changing sign (electronic) simultaneously, with the provision that the sign may fade to complete darkness and then re-illuminate with or fade to the new message. E. Changing signs (electronic) shall be equipped with the ability to adjust the brightness of the sign, and shall not be operated at a brightness which is substantially greater than other sources of illumination in the area. F. The applicant for a sign permit for a changing sign (electronic) under the provisions of this chapter shall provide with his application an affidavit, sworn or attested by the land owner and by the applicant, attesting to the facts that: i. The sign to be installed meets all of the criteria set forth in this chapter; and ii. That the sign shall be operated in a manner consistent with the criteria set forth in this chapter; and iii. That the land owner and applicant agree to be held liable, separately or collectively, if these provisions are not met, for any fines arising from such violation. This provision shall not be construed to relieve any other responsibility or remedy for such violation set forth in this chapter. Page 167 of 372

168 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 9, Signs Awning Signs / Canopy Signs/Marquee Signs (a) Applicability Non-electric Awning Canopy and Marquee signs are permitted in all nonresidential zoning districts. A building permit is required. (b) R-B & R-C Districts In the R-B and R-C districts, an awning or canopy sign not exceeding five (5) feet in horizontal width is permitted for quadruplexes and apartments. (c) Copy Area (1) The copy area on any awning sign, canopy sign, electronic awning sign, or marquee sign is computed as all or a portion of the allowed wall sign area. (2) Copy located on the canopy or awning sign shall not exceed one-half (½) of the area bounded by the edges of the canopy or awning visible from the public right-of-way. If copy is only found in fringe drip-flap portion of the canopy, the entire portion of said area may be utilized for signage. (d) Right-of-Way If the awning or canopy sign projects into the right-of-way, an encroachment permit may be required by the Board of Public Works. (e) Electric Awning Signs A fireproof space frame structure with translucent covering designed in awning form, but whose purpose and use is signage. Such signs are internally illuminated by fluorescent or other light sources in fixtures approved under national and local electrical codes. Electric awning signs shall be located on multistory buildings between the first and second story windows, or on single-story buildings above the first story windows. Electric awning signs located on multiple storefronts shall be allowed copy space no more than eighty (80) percent of the individual storefront width, in order to maintain adequate separation between tenant spaces. A fireproof space frame structure with translucent covering designed in awning form, but whose purpose and use is signage. Such signs are internally illuminated by fluorescent or other light sources in fixtures approved under national and local electrical codes. (f) Height/Clearance Awning, canopy and marquee signs shall not exceed five (5) feet in height and shall maintain a minimum of eight (8) feet clearance. Page 168 of 372

169 Article III, Zoning Division 9, Signs Land Use Code City Of Nashua, New Hampshire Banner sign (a) Applicability A Banner sign is a temporary sign of lightweight material (paper, plastic or fabric) hung either with or without frames. A Permanent Banner Sign is a sign constructed of lightweight material (paper, plastic or fabric) attached by means of rigid frames to a pole in a permanent or semi-permanent fashion. Comment: Flags and insignias containing markings of any government, corporation or business are not considered banners, and are defined separately as flags. (b) Generally Permanent Banner Signs are only permitted on properties that have a minimum of ten thousand (10,000) square feet of exterior display space for retail sales as delineated on a site plan approved by the Nashua Planning Board in accordance with Chapter 16, Article IV, and only if they meet the following conditions: (1) Signs must be located within an outside display area as delineated on an approved site plan. (2) Properties containing at least ten thousand (10,000) square feet of outside display area for retail sales shall be allowed to install no more than (2) two such signs. (3) One additional sign shall be permitted for each additional ten thousand (10,000) square feet of outside display area, to a maximum of four (4) per property. (c) Size Each sign shall be no larger than nine (9) feet in the vertical dimension and no larger than three (3) feet in the horizontal dimension. (d) Location and Orientation Such signs shall be installed on single vertical poles, in a vertical orientation. Such signs shall be located ten (10) feet further from a public right-of-way than any permanent ground sign on the property. Signs must be located within an outside display area as delineated on an approved site plan. No Permanent Banner Sign shall be located closer than one hundred (100) feet to any other such sign. Page 169 of 372

170 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 9, Signs Table 15-4 Banner Signs Zoning District Standard Residential LB GB HB PI/AI GI D-1/D-3 A. Permitted? N P P P N N N B. Permit required? Y Y C. Number per site Dimensions E. Area per sign F. Height Location G. Clearance (Minimum) H. Clearance (Maximum) I. Right-of-Way Setback Reserved Directional Signs (a) Applicability A directional sign means a sign that is necessary for on-site public safety and convenience. Examples include signs located next to a driveway and reading "in," "out," "entrance," "parking," or "exit." (b) Supplemental Standards for Directional Signs (1) These signs are allowed in addition to other permitted signage on-site (2) A sign permit is required for directional signs that are setback less than 15 feet from a property line, or located so as to be visible from a public right-of-way. Page 170 of 372

171 Article III, Zoning Division 9, Signs Land Use Code City Of Nashua, New Hampshire (3) Directional signs may be located adjacent to a driveway provided it does not impede sight visibility. (4) Corporate emblems or logos on directional signs must be incidental and must not exceed thirty-three (33) percent of the total area of the sign. (5) Directional signs shall conform to the Manual of Uniform Traffic-Control Devices where applicable. Table 15-6 Directional Signs Zoning District Standard Residential LB GB HB PI/AI GI D-1/ D-3 A. Permitted? P P P P P P P B. Permit required? Dimensions C. Area per sign Ground Sign (also known as Detached, Freestanding, Pole or Pylon Sign) (a) Applicability This section applies to any Ground Sign. A Ground sign is a sign established on a freestanding frame, mast or pole and not attached to any building. Where such signs are established back to back, the larger face shall be calculated for the purposes of determining allowable area. (b) Reduction in Setbacks The minimum setback of the signs may be reduced to ten (10) feet from right-of-way where the sign does not exceed twenty (20) feet in height. (c) Non-residential Districts abutting Residential Districts The maximum sign height shall be reduced to fifteen (15) feet when a lot within a non-residential district abuts a residentially zoned lot. Page 171 of 372

172 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 9, Signs (d) Landscaping All ground signs shall be installed in a landscaped area of not less than 12 square feet. (e) Supplemental Standards for General Business ( GB ), Highway Business ( HB ) and Park Industrial ( PI ) Districts For a corner lot, a permitted ground sign may be replaced with two (2) ground signs, each meeting all of the following conditions: (1) Each sign shall be visible from a different right-of-way. (2) The maximum area of each sign is restricted to one hundred (100) square feet for the GB and HB districts and 75 feet for the PI District, provided that the cumulative area of all signs is subject to and this Section. (3) The signs shall not be located closer than seventy-five (75) from an intersection, as measured from the point of intersecting rights-of-way. (4) The minimum setback may be reduced to twenty (20) feet from the right-of-way where the sign does not exceed thirty (30) feet in height. (f) Supplemental Standards for PI and AI Districts Within the PI or AI Districts, where the lot frontage does not abut a residential zoning district, the sign height may be increased to twenty (20) feet. (g) Supplemental Standards for General Industrial (GI) District If the district does not abut a residential zoning district, the maximum area for a ground sign may be increased to 100 feet. Page 172 of 372

173 Article III, Zoning Division 9, Signs Land Use Code City Of Nashua, New Hampshire Table 15-7 Ground Signs Zoning District Standard Residential LB GB HB PI/AI GI D-1/D-3 A. Permitted? P P P P P P P B. Permit required? Y Y Y Y Y Y Y C. Number per site* 1 1 1* 1* 1* 1 1 D. Frontage Dimensions E. Area per sign F. Height Location G. Right-of-Way Setback H. Intersection Setback (ft) I. Exterior Wall Plane Setback Design Characteristics J. Electronic Message Center P P K. Changeable copy P P P P -- *See section (e) for corner lots Identification Sign (a) Generally This section applies to any Identification Sign. An Identification Sign means any sign meeting the dimensional and design restrictions below that is necessary for indicating the name and purpose of a religious, educational, medical, public or quasi-public facility located on-site. (b) Subdivision Identification Signs See , Ground Signs. (c) Park Industrial Signs A park industrial sign means a signs located adjacent to and intended to identify the entrance to multibuilding park industrial developments situated. In lieu of the requirements below, park industrial signs are permitted only on lot s or parcel(s) with a minimum land area of three (3) acres. Minimum frontage shall be three hundred (300) feet on a public right-of-way. Maximum sign area shall be two hundred (200) square feet for one (1) sign, or one hundred twenty-five (125) square feet for each of two (2) signs, and shall be allowed in addition to any ground signs for individual owners or tenants. Page 173 of 372

174 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 9, Signs Table 15-8 Identification Signs Standard Zoning District R-A, R-B, R-C R-C (Nonresidential Uses Only) LB GB HB PI/AI GI D-1/D-3 A. Permitted? P P P P P P P B. Permit required? Y Y Y Y Y Y Y C. Number per site Dimensions E. Area per sign H. Height Location L. Intersection Setback (ft) Reserved Off-Premise Signs Purpose and Findings: For the purpose of regulating excess signage, encouraging the positive economic development of the City, promoting the safety of the traveling public, protecting existing property values in both residential and nonresidential areas, preventing the overcrowding of land, promoting a positive community appearance as part of a concerted city-wide effort to protect and enhance the aesthetics of the City for the enjoyment of all citizens of New Hampshire, outdoor advertising signs are herein regulated. The regulations are designed to prevent their overconcentration, improper placement, and excessive height, bulk, number, and area. It is recognized that, unlike on-premise identification signs which are in actually a part of a business, outdoor advertising is a separate and distinct use of the public thoroughfare. With a view to this distinction, outdoor advertising signs are regulated differently from on-premise signs. It is intended that outdoor advertising signs be located away from residential areas, and that such signs be regulated to protect the character of the area wherein outdoor advertising signs are located, and to conserve property values in these areas. Page 174 of 372

175 Article III, Zoning Division 9, Signs Land Use Code City Of Nashua, New Hampshire (a) Applicability This section applies to any outdoor advertising sign. An outdoor advertising sign means any billboard or off-premise sign. A billboard means any off-premises sign on a permanent structure on which the copy is periodically changed and which is not located on the premises to which such advertising copy pertains. An off-premise sign means any sign or structure, pictorial or otherwise, regardless of size or shape which directs attention to a business, commodity, attraction, profession, service or entertainment conducted, sold, offered, manufactured, existing, or provided at a location other than the premises where the sign is located or to which it is affixed (sometimes called non-point-of-sale sign). All outdoor advertising signs shall be consistent with all definitions and shall comply with all standards and regulations of this Code. Except for ordinary maintenance, and repair, poster panel replacements, copy changes, or repair not involving structural, material, or electrical changes, no outdoor advertising signs, or part thereof, shall be erected, altered, constructed, changed, converted, re-erected, additionally illuminated, reduced in size, enlarged, or moved unless the entire outdoor advertising sign and structure are brought into conformity with this Code. (b) Dimensional Standards See Table 15-10, below. (c) Construction Standards (1) Compliance with Building Codes All signs shall comply with the appropriate detailed provisions of the Nashua Building Code and Nashua Electrical Code (NRO Chapter 6) and other provisions of the City Code of the City of Nashua (2) Clearance from high-voltage power lines Outdoor advertising signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the Nashua Electric Code; provided that, no outdoor advertising sign shall be erected closer than ten (10) feet in any direction from any conductor or public utility guy wire. (d) Location and Spacing (1) Corner lots No part of an outdoor advertising sign may be located within a triangular area formed by the street right-ofway lines and a line connecting them at points fifty (50) feet from the right-of-way intersection. (2) Spacing of signs A. No part of any outdoor advertising sign shall be located less than one thousand (1,000) feet from any part of another outdoor advertising sign when located within either of two (2) two hundred-foot corridors along each side of a roadway. The two (2) corridors shall be delineated by connecting perpendicular measurements from all points along the road rights-of-way. No part of any permitted outdoor advertising sign which is located outside of the two hundred (200) foot corridor areas may be located within a one thousand (1,000) foot radius of any other outdoor advertising sign. B. No part of any outdoor advertising sign is permitted within four hundred (400) feet of a residential zoning district. Page 175 of 372

176 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 9, Signs Table Outdoor Advertising Signs Zoning District Standard Residential LB GB HB PI/AI GI D-1/D-3 A. Permitted? N N P P P P N B. Permit required? Y Y Y Y -- C. Number per site D. Frontage Dimensions E.1 Area per sign, signs facing streets with four (4) or more traffic lanes E.2 Area per sign, signs facing streets with fewer than four (4) traffic lanes F. Height Location G. Right-of-Way Setback H. Intersection Setback (ft) Design Characteristics J. Electronic Message Center N N N N -- K. Changeable copy N N N N Projecting sign (also known as Suspended Signs ) (a) Applicability A Projecting sign is a sign, other than a wall sign, which is attached to and projects in a perpendicular fashion more than twelve (12) inches beyond the surface to which it is affixed. A projecting sign is meant to be viewed from a position other than directly facing the building. (b) Height (1) For purposes of this section, height shall mean the distance from the top of the sign to the finished grade. (2) Projecting signs shall not extend above parapet or roof line. Page 176 of 372

177 Article III, Zoning Division 9, Signs Land Use Code City Of Nashua, New Hampshire (c) Clearance Minimum clearance shall be ten (10) feet, except where a sign projects over a traffic area, such as a driveway, then the minimum clearance between the bottom of the sign and the ground shall be no less than fourteen (14) feet. (d) Projection Maximum sign projection shall be five (5) feet, and shall not project closer than three (3) feet to the curb line. Table Projecting Signs Zoning District Standard Residential LB GB HB PI/AI GI D-1/D-3 A. Permitted? N P P P P P P B. Permit required? -- Y Y Y Y Y Y C. Number per site D. Frontage Dimensions E. Area per sign H. Height (see special rules below) Location I. Clearance (Minimum) J. Right-of-Way Setback K. Intersection Setback (ft) Reserved Page 177 of 372

178 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 9, Signs Roof sign (a) Applicability A Roof sign is a sign established upon, against, or directly above a roof, or on the top of or above the parapet of a building. See "Parapet, Article X, Division 1." Table Roof Signs Zoning District Standard Residential LB GB HB PI/AI GI D-1/D-3 A. Permitted? N N P P N N N B. Permit required? Y Y C. Number per site Dimensions D. Area per sign E. Height (measured from roof) Location F. Exterior Wall Plane Setback Temporary sign (a) (b) Applicability A building permit is required for all temporary signs except for those specifically excluded under General standards The following restrictions apply to all temporary signs, unless otherwise indicated in : (1) Only one ground or wall sign used as a temporary sign is permitted per premises. However, there is no restriction on the number of signs used for political speech. (2) No temporary sign shall be located in the public right-of-way or on public property. (3) Minimum setback shall be ten (10) feet from public right-of-way and twenty-five (25) feet from point of intersecting street rights-of-way. Page 178 of 372

179 Article III, Zoning Division 9, Signs Land Use Code City Of Nashua, New Hampshire (5) No temporary sign shall be located so as to obstruct traffic or create a hazard. (6) Height and setbacks shall comply with the underlying zoning district, unless otherwise indicated. (7) The maximum duration is thirty (30) days. (8) Maximum sign area shall not exceed thirty-two (32) square feet. (9) The sign shall not be flashing. (10) Maximum height shall be eight (8) feet as measured from grade. (11) The date of establishment of the temporary sign shall be clearly posted on the sign Time and temperature sign A Time and temperature sign is a signs that typically refers to the current time and temperature only. Such signs are permitted in all zoning districts except residential. Maximum area of such signs shall not exceed fifty (50) percent of the total allowable sign area Wall Sign (also known as Fascia Sign or Façade Sign ) (a) Applicability A Wall Sign means any sign attached parallel to the building wall, false wall or false roof, or other façade surface that does not extend more than twelve (12) inches from said surface, or does not vary more than thirty (30) degrees from the plane of the building's parallel wall, and that has only one (1) sign face that is intended to be read parallel to the wall or other surface to which it is mounted. A wall sign includes any sign established on a penthouse above the roof of a building, as long as the wall of the penthouse is on a plane parallel to the wall of the building. (b) Supplemental Standards - Generally (1) Wall Signs shall be located in those areas designed for signage on a site plan or building permit. (2) Wall Signs shall not cover or obliterate windows, doors, or architectural details. Architectural details shall include but not be limited to arches, sills, moldings, cornices and transoms, or any features that are identified on the city's cultural resource survey sheets. (c) Copy (1) In the GB Zone, the maximum sign area measured in square feet shall be two (2) times the building frontage if there are no other sign types; one and one-half times the building frontage if there is a ground sign; one (1) times the building frontage if there is a wall sign or projecting sign; or one hundred fifty (150) square feet, whichever is smallest. (2) In the HB Zone, the maximum sign area measured in square feet shall be two (2) times the building frontage if there are no ground, projecting or freeway-oriented; one and onehalf times the building frontage if there is a ground sign or freeway-oriented sign; one (1) Page 179 of 372

180 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 9, Signs times the building frontage if there is a projecting sign; or one hundred fifty (150) square feet, whichever is smallest. The maximum sign area shall be further reduced to one hundred twenty-five (125) square feet if a roof or freeway-oriented sign is utilized. (3) In the PI Zone, the maximum sign area measured in square feet shall be two (2) times the building frontage if there are no other sign types; one and one-half times the building frontage if there is one other sign type; or 150 square feet whichever is smallest. The maximum sign area shall be further reduced to one hundred twenty-five square feet if a ground or freeway-oriented sign is utilized. (4) In the AI Zone, the maximum sign area measured in square feet shall be two (2) times the building frontage if there are no other sign types; one and one-half times the building frontage if there is one (1) other sign type; or one hundred fifty (150) square feet, whichever is smallest. (5) In the GI Zone, the maximum sign area measured in square feet shall be two (2) times the building frontage if there are no other sign types; one and one-half times the building frontage if there is one (1) other sign type; or 100 square feet, whichever is smallest. (6) In the D / H Zones, the maximum sign area per city right-of-way shall be one and onefourth times the building frontage, or one hundred (100) square feet, whichever is smallest. (7) In the LB Zone, the maximum sign area shall be one (1) times the building frontage, or thirty-two (32) square feet, whichever is smaller. The maximum sign area shall be further reduced to twelve (12) square feet if a ground sign is utilized. (8) In the Residential zones, each premises located in the residential district and that is a legally authorized business use may have one (1) wall sign with a maximum sign area of six (6) square feet established in lieu of a ground sign. (d) Height (1) Wall signs may not project above the top of a parapet, wall or the roof line at the wall, whichever, is highest. (2) Within LB, D-1, D-3, H, or FU zoning district, the top of a wall sign shall be located within twenty (20) feet of ground level unless the sign identifies the name of the building or project name. (e) Alternative Number and Area Restrictions (1) A building with or proposing more than one (1) business establishment within the LB, GB, HB, PI, AI, GI, or D-1, D-3 zoning districts, is permitted wall sign area, measured as set forth above, in proportion to the total building frontage occupied by the individual business. Every business shall be allowed at least one (1) wall sign with a maximum of forty (40) square feet in the GB, HB, districts, 32 square feet in the PI or GI zoning districts, and 12 square feet in the D, or LB zoning districts. Page 180 of 372

181 Article III, Zoning Division 9, Signs Land Use Code City Of Nashua, New Hampshire (2) As an alternative, the total allowed wall sign area for any one (1) business may be subdivided into a maximum of three (3) separate wall signs. except in the LB and AI Districts, where only 1 wall sign per business is allowed. (f) Supplemental Standards in Downtown ( D1 and D3 ) Districts For a building with or proposing more than one (1) business establishment, the allowable wall sign area, measured as set forth above, shall be proportionate to the total building length occupied by the individual business, except that every business shall be allowed at least one (1) wall sign per street frontage. (g) Supplemental Standards for PI or AI District (1) Where the lot frontage zoned PI or AI does not abut a residential zoning district, the sign area may be increased to the lesser of: (1) two (2) times the building frontage if there are no other sign types; or (2) one and one-half times the building frontage if there is one (1) other sign type, or (3) one hundred fifty (150) square feet. (2) For a building with or proposing more than one (1) business establishment, the allowable wall sign area, measured in accordance with subsection (c) above, shall be in proportion to the total building frontage length occupied by the individual business, except that every business shall be allowed at least one (1) wall sign with a maximum sign area of fifty (50) square feet. Where the lot frontage abuts residential districts the maximum wall sign area shall be thirty-two (32) square feet. (h) Supplemental Standards for General Industrial (GI) District If the district does not abut a residential zoning district, the maximum area for a wall sign may be increased to 100 feet Reserved Sign Master Plans (Optional) (a) Applicability Where groups of three (3) or more contiguous commercial or industrial units are to be located together in a development, where a lesser number of businesses total not less than twenty thousand (20,000) square feet of gross leasable area, or where three (3) or more individual businesses on contiguous lots so elect, the development may adopt a Sign Master Plan to govern advertising. The intent of this section is to promote a uniform and aesthetic message presentation that is designed to provide information to the general public through its design and coordination of elements. (b) General Requirements (1) Total sign area permitted for the entire development or center shall be calculated at the rate of two (2) square feet of sign per foot of lineal building front. (2) Each master planned development may have one common free-standing sign denoting the name of the facility not exceeding eighty (80) square feet per side and with bottom panel not less than five (5) feet above road level and a maximum height of fifteen (15) feet. Page 181 of 372

182 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 9, Signs (3) All other signs shall be awning signs, canopy signs, or wall signs. (4) All signs shall be coordinated in material, shape, lettering, color and/or decorative elements. (5) Information and directional signage, with the exception of uniform traffic control devices, shall be consistent with the general sign design of the development and is exempt from the sign area calculation provided that it does not contain advertising. (6) The Master Sign Plan shall include standards designed to achieve the following objectives: A. Signs shall be appropriate to the architectural character of the building on which they are placed. B. Sign panels and graphics should relate with and not cover architectural features, and should be in proportion to them. C. Signs should be appropriate to the types of activities they represent. D. Layout should be orderly and graphics should be of simple shape, such as rectangle, circle or oval. E. The number of colors used should be the minimum consistent with the design and must provide a reference or relationship to the enterprise or activity being advertised. F. Illumination should be appropriate to the character of the sign and surrounding and shall bear a relationship to the operating hours of the enterprise or activity being advertised. Illumination of signs permitted only from one (1) hour before opening until one (1) hour after closing. G. Groups of related signs shall express uniformity, create a harmonious appearance, and provide a visual and aesthetic coordination of the information presented to the public. H. Height and physical placement shall be consistent throughout the master planned area. (c) Procedures (1) The sign master plan shall be approved by the Planning Board as part of an application for site plan approval. The sign master plan shall depict the placement, design, color coordination, visibility, information messages and compatibility with the general design of the development. (2) The master sign plan shall include the following elements: A. Proposed sign locations B. Materials C. Type of illumination D. Design of freestanding sign structures E. Size F. Quantity Page 182 of 372

183 Article III, Zoning Division 9, Signs Land Use Code City Of Nashua, New Hampshire G. Uniform standards for non-business signage, including directional and informational signs. (3) All applications for sign permits on a lot or parcel subject to a master sign plan shall comply with the master sign plan Nonconforming Signs (a) Applicability This section applies to any nonconforming sign. A nonconforming sign means a sign lawfully existing at the time of adoption or subsequent amendment of this division. (b) Continuance A nonconforming sign may continue, although such sign does not conform to the provisions of this division. Portable signs with permanent and/or changeable copy (including trucks and trailers) are exempt from treatment under this section for continuance and shall, therefore, require sign permits and comply with provisions of this division. (c) Maintenance A nonconforming sign must be maintained in good repair for reasons of public safety and aesthetics. Ordinary maintenance and minor repairs shall not include replacement of the structural framing and supports, enlargement of the area of a sign face, or relocation of the sign. (d) Alteration, relocation and replacement Alterations, relocation, and/or replacement of a legal nonconforming sign structure is permitted when damage or deterioration does not exceed fifty (50) percent of the appraised value of the sign. Any sign which is structurally altered, relocated or replaced may exceed the maximum allowable sign area (as prescribed in this division) by no more than one-half the difference between that maximum allowable sign area and the previously existing nonconforming sign area. It is the intention that, over time, any nonconforming signs that are altered will eventually be brought into compliance with the provisions of this division currently in effect. (e) Removal A nonconforming sign shall be removed with one hundred eighty (180) days if any of the following conditions exist: (1) If the damage of the sign structure exceeds fifty (50) percent of the appraised value. (2) If the building to which the sign structure is accessory is damaged or demolished to an extent exceeding fifty (50) percent of the building's appraised value and no plans have been submitted for reconstruction or restoration of the building in accordance with applicable codes and ordinances. (3) If the sign has been abandoned for one hundred eighty (180) days. Any sign that has been removed due to any of the above-listed conditions shall not be replaced, and shall conform to this division. If any portion of the sign structure is removed, then all parts and components of the sign shall also be removed to Reserved Page 183 of 372

184 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 10, Wetlands Division 10. Wetlands Purpose and Findings: By and through enactment of this article, it has been determined that the wetlands and buffers within the City of Nashua are fragile natural resources; and as such, pursuant to the authority granted under RSA 674:16-17 and 674:20-21, and any other applicable laws, the city hereby adopts the following regulations. The purpose of this Chapter is, in the interest of public health, safety and general welfare, to: Ensure the protection of valuable wetland and buffer resources; Prevent the harmful filling, draining, sedimentation, or alteration of wetlands and buffers; Prevent the destruction or significant degradation of wetlands and buffers which provide flood and storm control by the hydrologic absorption and storage capacity of the wetland and buffer; Protect fish and wildlife habitats by providing breeding, nesting, and feeding grounds for many forms of plant and animal life including rare, threatened, or endangered species; Protect subsurface water resources and provide for the recharging of ground water supplies; Provide pollution treatment to maintain water quality; Prevent expenditures of municipal funds for the purpose of providing and/or maintaining essential services and utilities which might be required as a result of misuse or abuse of wetlands and buffers; Provide for those compatible land uses in and adjacent to wetlands and buffers or surface waters which serve to enhance, preserve, and protect wetland and buffer areas as natural resources Generally (a) Regulation of land uses The regulation of land uses both within and adjacent to wetlands, having been determined to be in the best interest of the city, shall be done in a manner consistent with the review procedures and performance standards identified below which reflect the relative importance, value, and function of a particular wetland. (b) Definitions A wetland is defined by RSA 482-A:2. Wetlands generally include areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The location of a wetland boundary in any particular case must be determined by a Certified Wetlands Scientist, licensed by the State of New Hampshire, through an on-site inspection of all three characteristics of wetlands, namely hydrology, hydric soils, and hydrophytic plants. Said inspections shall conform to the standards established by the New Hampshire Department of Environmental Services in Administrative Rules (Wt 301). These standards are derived from three sources: the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, Environmental Laboratory, Department of the Army, (January, 1987), Field Indicators for Identifying Hydric Soils in New England, Version 2, New England Interstate Water Pollution Control Commission, (July 1998) and subsequent updates, and Chapters Wt of the NH Code of Administrative Rules, April 21, 1997, as amended. The applicable criteria and review process are established in Article III, Division 10, to , below Wetlands Buffer (a) Special exceptions shall be reviewed for any use, building, structure, or development within the wetland areas or buffers defined in Table below. (b) For purposes of Table 271-1, Column C, the buffer shall be measured horizontally outward and perpendicular to the edge of the delineated wetland. Page 184 of 372

185 Article III, Zoning Division 10, Wetlands Land Use Code City Of Nashua, New Hampshire Table Wetland Classifications and Buffers (A) Wetland Category Primary wetland (B) Definitions Areas designated as "prime wetlands" in accordance with RSA 483-A:7 and areas that have been documented as satisfying the criteria for designation as prime wetlands in accordance with RSA 483-A:7. Primary Wetlands are defined by Resolution R-90-84, and generally depicted on maps entitled Prime Wetlands, Nashua, New Hampshire prepared for the Nashua Conservation Commission. R defined primary wetlands as: The Merrimack River and its wetlands The Nashua River and its wetlands Salmon Brook and its wetlands Pennichuck Brook, Bowers Pond, Harris Pond, Holts Pond, Pennichuck Pond, Supply Pond and its wetlands Lovewell s Pond and its wetlands Horse Pond and its wetlands Old Ridge Road wetlands Nashua Canal Nahsua Cove (C) Buffer 75 feet Critical wetlands, Critical wetlands are the following water bodies and watercourses and their wetlands. Critical wetlands also include any perennial streams that are tributaries to prime wetlands. 40 feet Boire Brook Coburn Pond Cold Brook Colerain Brook Hales Brook Harris Brook Hassells Brook Lincoln Brook Lyle Reed Brook Mill Pond Muddy Brook Old Maid's Brook Round Pond Spectacle Brook Spit Brook Trout Brook Sandy Pond Other wetlands over 9,000 sf Other wetlands from 3,000 to 9,000 sf and intermittent streams Vernal Pools Any wetland other than a Primary or a Critical wetland over 9,000 square feet in area Any wetland other than a Primary or Critical wetland between 3,000 and 9,000 square feet in area. Intermittent streams require a 20 foot buffer from both banks, measured from top of bank. Intermittent streams are streams with a defined channel but that may not flow the entire year. Isolated man-made drainage ditches are not included. Twenty foot minimum buffer. Buffer to be determined from recommendations in a protection plan submitted by a professional biologist. The buffer will be measured from the edge of the average annual high water mark. 40feet 20 feet 20 feet Administration The provisions of these wetlands regulations shall be administered and enforced by the Administrative Officer. Where the provisions of these regulations are superimposed over the zoning district, the more restrictive regulations apply. The Administrative Officer shall institute, or cause to be instituted, such actions necessary to ensure compliance with these provisions, and/or the conditions placed upon any required special Page 185 of 372

186 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 10, Wetlands exception permit or other approval. The Administrative Officer shall also have the authority to cause whatever actions are necessary at a site or location where a violation of this Chapter has occurred to ensure that it is returned to its original quality and function, and the same cause of action shall be at no cost to the city and shall be assessed to the violator Wetlands Application (a) Applicability The section applies to any activity proposed within a wetland or a wetland buffer, except for erosion control measures and the regular use, maintenance or repair of existing buildings, structures, or the improved portions of an existing developed site such as roads, parking lot or sidewalks. It includes any application for development approval, including any building permit applications; land use permit application; Zoning Board of Adjustment applications; Planning Board applications; Board of Health application, or any other any other land use requiring a permit or approval as required by and within the Nashua Revised Ordinances. (b) Initiation As part of the initiation of any application listed in subsection (a), above, the Administrative Officer shall determine whether the land area in which the proposed use, development or activity lies is within a wetland, or buffer area as described in If the Administrative Officer determines that the proposed use, development or activity is within a wetland or buffer area, the Administrative Officer shall notify the applicant in writing that the Conservation Commission must review a Wetlands application. The Administrative Officer shall provide notification within two (2) weeks after submittal of a complete application. If such notification is provided to the applicant, the applicant shall submit a Wetlands Application Review Form with the information required by Article X, Division 2, B-50 to the Administrative Officer. Upon receipt of such an application and payment of applicable fees, the Administrative Officer shall forward a copy of the application to the Conservation Commission. (c) Wetlands Data (1) Primary or Critical Wetlands. Applications submitted for uses proposed within or adjacent to primary or critical wetlands shall be accompanied by sufficiently detailed information and plans. Such plans shall clearly show the extent of the wetland and buffer areas located on or immediately adjacent to the subject property, and the uses proposed to be located on the subject property. Primary wetlands must be delineated as shown on the Nashua Prime Wetlands maps. In determining the sufficiency of the information to be provided, the Applicant shall consult with the Administrative Officer regarding the nature of the proposed uses and their relations and proximity to any potentially affected wetlands located on or immediately adjacent to the subject property. The Applicant shall also clearly note on the plan any and all sources of wetland delineation information used to determine the wetlands boundary, and shall provide documentation regarding the status of any other permits required under local, state or federal laws. (2) Other Wetlands. For development or other regulated activity proposed on sites abutting other wetlands as defined in Table 271-1, the Applicant shall be required to denote the boundary and methods used to locate it. The Administrative Officer may consult with the applicant regarding the application regulations. (d) Submittal Procedures (1) The applicant shall review the Nashua Conservation Commission Wetland Review Process as set forth in Article X, Division 2 B-50. Page 186 of 372

187 Article III, Zoning Division 10, Wetlands Land Use Code City Of Nashua, New Hampshire (2) The applicant shall provide the Conservation Commission and Administrative Officer with a completed Wetlands Application two weeks in advance of the Conservation Commission meeting at which the proposed project will be discussed. (3) Upon receipt of the Wetlands Application by the Conservation Commission and Administrative Officer, the Applicant may be asked to provide additional technical information. (4) The applicant shall schedule a preliminary presentation with the Commission., At that time, the Conservation Commission may schedule a site walk. At the site walk, the Commission members may request additional information for the applicant to present at the next Conservation Commission Meeting, such as a Wetlands and Buffer Delineation and Protection Plan. The members may provide other informal guidance. (5) The Conservation Commission may request a review of the project by Planning Staff prior to providing their recommendation. Sufficient time will be provided to allow the Conservation Commission to provide a recommendation on the project to the Administrative Officer. (e) Recommendation The Conservation Commission shall consider the application at a public meeting and shall prepare a written recommendation as to whether the proposed development lies within an area subject to , and whether the proposed development complies with this Section. The recommendation shall be provided to the Zoning Board of Adjustment. In rendering its decision, the Zoning Board of Adjustment or Building Department Manager shall give due consideration to the recommendations of the Conservation Commission so as to avoid or minimize the detrimental impacts which the proposed use,) may have on the wetland or wetland buffer. Any amendments to a plan following a Conservation Commission decision but before the Zoning Board of Adjustment review shall be reviewed again by the Conservation Commission. Decisions rendered by the Zoning Board of Adjustment are final but subject to appeal as set forth in Article IV, Division 7. (f) Approval Criteria See Article X, Division 2, B-50 and below. (g) Amendments The Applicant may modify the Wetlands Application at any time before the final recommendations of the Conservation Commission are made (h) Scope of Approval The Wetlands Application shall be deemed a part of the underlying Application for Development Approval and a condition of any permit or land use decision subject to this Section. (i) Recording Procedures The Wetlands application shall be recorded with the underlying Application for Development Approval. (j) Exceptions A property owner who intends to undertake routine annual maintenance that has been previously approved by the Conservation Commission is not required to return to the Conservation Commission or obtain a Special Exception. Page 187 of 372

188 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 10, Wetlands Wetlands Standards (a) Review for Conformity (1) Uses proposed in any wetland or within the required buffer area shall be reviewed by the Conservation Commission for conformity with this Section. A wetlands-related Special Exception is required prior to and in addition to other relevant approvals. (2) For uses or activities proposed outside of and adjacent to any wetland or buffer area, the Administrative Officer shall review the proposal for consistency with this Section to demonstrate that what is being proposed is reasonable or necessary, and can be implemented without undue harm to the wetland or buffer area being impacted. Upon receipt of a complete application, the Administrative Officer shall determine whether a special exception is required prior to other necessary reviews/approvals. (b) Wetland or Buffer Encroachments For uses proposed to encroach into wetlands or required buffer areas, including but not necessarily limited to road and utility line crossings, water dependent uses (e.g., docks), bridges or other road and passive recreational facilities or activities, the Zoning Board of Adjustment shall find the following prior to approval: (1) That the use or activity proposed and its attendant impacts cannot reasonably be avoided. (2) That the least damaging route and methodology have been selected, and that which is being proposed is the best practicable alternative available. (3) That reasonable and acceptable impact mitigation measures have been incorporated where necessary and appropriate to minimize wetland loss or degradation. 1 (4) That the overall impact of encroaching into wetland or buffer areas is necessary for the productive use of adjoining buildable land and, as such non-encroachment, is out-weighed by the benefits thereby derived. (5) That no significant impact on the habitat of rare or endangered species or exemplary communities, as listed by the State of New Hampshire or Federal government, will result. (6) That the best available adequate erosion and sedimentation control methods are incorporated. 2 (7) That the proposed activity or use shall not significantly impair wetland capacity to provide important wildlife and fishery functions, including habitat, food, shelter, breeding, migratory and over-wintering. (8) That the project shall not impair the stability of a water body s bank. (9) That the wetland and buffer function of hydrologic absorption capacity and storage shall not be impaired. 1 The removal of invasive species may be an appropriate mitigation technique. Invasive species are listed in the most recent State of New Hampshire Prohibited Invasive Species List 2 Some appropriate erosion control standards are: Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas in New Hampshire, New Hampshire Department of Environmental Services, Rockingham County Conservation District, USDA Soil Conservation Service (August 1992), and Stormwater Management for Construction Activities, Environmental Protection Agency (September 1992). Page 188 of 372

189 Article III, Zoning Division 10, Wetlands Land Use Code City Of Nashua, New Hampshire (c) Uses adjacent to wetlands or buffer areas Any use or activity proposed within one hundred (100) feet of a wetland shall be reviewed by the Administrative Officer for compliance with the following performance standards. (1) That no significant impact on the habitat of rare or endangered species or exemplary communities, as listed by the State of New Hampshire or the Federal government, will result. (2) That the filtration of stormwater runoff is adequately provided for and controlled both during and after construction. (3) That the topography and required regrading of the subject property accounts for and adequately reflects the proximity of a nearby wetland area. (4) All landscaping requirements and maintenance regiments for a project will ensure that fertilizer and chemical run-off shall not enter the wetland. (5) For any wetland area utilized for water run-off, the applicant shall demonstrate that excess flow on wetlands shall not cause excessive ponding and retention, thereby causing environmental damage to existing flora or fauna. (6) Where land is proposed to be subdivided, the applicant shall demonstrate that there is adequate non-wetland area to contain all proposed uses, structures, and utilities in accordance with these regulations. (d) Prohibited uses No use or activity shall be located within one hundred twenty-five (125) feet or sited in such a manner so as to pose a serious environmental hazard to a nearby wetland. Uses prohibited include, but are not limited to, septic systems, underground storage tanks not within approved enclosures, junk or salvage yards, or the uncontained or uncontrolled stockpiling of any material which may contaminate the wetland Wetland Buffer Monumentation (a) Applicability The Nashua Conservation Commission may require wetland buffers to be marked in order to prevent future encroachment. This section applies to: (1) Any development subject to an application for building permit, subdivision or site plan approval; (2) Any development approved before the effective date of this section that is determined to be in violation of any wetland buffer required that existed at the time the development was approved, or (3) Any activity within a wetland or wetland buffer that was undertaken without obtaining a required special exception. Page 189 of 372

190 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 10, Wetlands (b) Requirements Wetlands (Prime, Critical, and Other) shall be delineated by a State of New Hampshire certified wetland scientist. The wetland buffer shall be located and flagged by an engineer or surveyor. The markers shall follow the contour of the buffer, generally not more than 50 feet apart. The engineer or surveyor shall take all necessary precautions to ensure that said markers disturb no asbestos-fill sites. Where the buffer intersects the property line, markers should be placed on the property line. Markers should be placed along the buffer contour at the point closest to any adjacent structure. The requirements for placing markers are further described in the pamphlet Requirements for Construction and Installation of Conservation Easement, Wetland Buffer, and Conservation Land Plaques Trees unlawfully cut or damaged within a wetland buffer (a) Applicability A tree that has been substantially damaged or unlawfully removed from a wetland buffer that is protected by city ordinances must be replaced with its equivalent replacement in trees. Replacement trees shall be a type of species having shade potential and other positive values at least equal to that of the tree that was removed and shall be a minimum of six (6) feet in height when planted. (b) Definitions (1) Tree: Any living, self-supporting woody perennial plant at maturity, which attains a trunk diameter of at least three (3) inches or more when measured at a point four and one-half (4 ½) feet above ground level and which normally attains an overall height of at least fifteen (15) feet, usually with one (1) main stem or trunk and many branches. (2) DBH: Diameter at breast height. The measurement of a tree s trunk diameter in inches at breast height (four and one-half (4 ½) feet above ground level). For trees with less than four and one-half (4 ½) feet of clear trunk, diameter shall be of the largest leader measured four and one-half (4 ½) feet above ground level. For multi-trunk trees it shall be the sum of the diameter of the individual trunks measured four and one-half (4 ½) feet above ground level. If the DBH is not determinable because cut trees have been removed from the site, DBH shall be determined from the DBH in Relation to Stump Diameter tables found in the Forestry Handbook, 2nd ed., 1984, by the Society of American Foresters, edited by Karl Wenger, published by John Wiley & Sons Publishers. (3) Equivalent replacement: The replacement of a removed or damaged tree to compensate for that tree s removal or its damage with one (1) tree the same diameter or a combination of smaller trees that will equal that removed tree s DBH as defined herein. (4) Tree-for-tree replacement: Replacing a removed tree with a tree or trees with a minimum of three (3) inches in cumulative trunk diameter at breast height. The replacement species shall be native trees as defined in Trees and Shrubs in New Hampshire, A Guidebook for Natural Beauty Projects, by Cooperative Extension Service, University of New Hampshire, Durham, NH. Replacement species shall not include those species that are not recommended in the guidebook. (c) Replacement trees A removed tree must be replaced with its equivalent replacement in trees. Page 190 of 372

191 Article III, Zoning Division 10, Wetlands Land Use Code City Of Nashua, New Hampshire (d) Maintenance of replacement trees The property owner must replace trees within 30 days from receipt of a written Notice of Violation for unlawful tree removal. The Administrative Officer may grant a time extension for tree replacement if the thirty-day requirement would mean that trees would be planted outside the appropriate planting season (April- June and September-November). (e) Financial Security for tree replacement A financial security shall be held by the City of Nashua for one (1) year to insure tree replacement in the event that tree replacement results in the death of any replacement trees. The security amount shall be assessed at three (3) times the fair market value of the required replacement tree(s). (f) Landscape ( tree replacement) plan Prior to installation of the required replacement trees, a proposed landscape plan must be prepared by a professional landscape architect and approved by the Administrative Officer, who shall consult with the City s Conservation Commission. Replacement trees shall be true to the botanical names and standards of size, culture and quality for the highest grades and standards as sponsored by the American Association of Nurserymen, Inc., in the American Standard for Nursery Stock, latest edition. (g) Exemptions During emergency conditions caused by a hurricane or other disaster, or to protect public safety, the Administrative Officer may suspend provisions of this section. (h) Penalties The removal of each tree in a buffer zone shall constitute a separate zoning violation, punishable in a court of competent jurisdiction per RSA Chapter to Reserved Page 191 of 372

192 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 11, Nonconformities Division 11. Nonconformities Purpose: This Article implements RSA 674:19 (Applicability of Zoning Ordinance) and other provisions of New Hampshire law that protect legal nonconforming uses, legal dimensional nonconformities, and legal nonconforming lots. These principles relate to zoning (Article III) Applicability This Division applies to nonconforming uses, structures and lots created by the initial enactment of this section or by any subsequent amendment. Unless otherwise specifically provided in this Chapter and subject to the restrictions and qualifications set forth in this Article, nonconforming situations that were otherwise lawful on the effective date of this Chapter may be continued. Except as specifically provided in this Article, no person may engage in any activity that causes an increase in the extent of nonconformity Reserved Nonconforming uses (a) Expansion (1) No nonconforming use shall be extended, expanded, or increased except as specifically provided below. (2) An existing nonconforming use may expand subject to the approval of a special exception ( ). (3) The volume, intensity, or frequency of a nonconforming use within its original structure may increase without requiring a special exception provided that all of the criteria set forth in subsections A through C below are met. A. The increase shall reflect the natural expansion and growth of the existing use s trade. B. The increase does not substantially change the use's effect on the neighborhood. Whether a proposed use substantially changes the nature or purpose of the nonconforming use turns on the facts and circumstances of the particular case. In conducting this inquiry, The Administrative Officer shall consider: (1) the extent the use in question reflects the nature and purpose of the prevailing nonconforming use; (2) whether the use at issue is merely a different manner of utilizing the same use or constitutes a use different in character, nature, and kind; and (3) whether the use will have a substantially different effect on the neighborhood. C. The increase shall occur only within the existing structure. (4) A nonconforming use may expand outside of the existing structure subject to the approval of a special exception as provided in The Zoning Board of Adjustment shall approve the special exception only if all of the criteria set forth in subsections A through C below are met: Page 192 of 372

193 Article III, Zoning Division 11, Nonconformities Land Use Code City Of Nashua, New Hampshire A. The nonconforming use shall not be substantially enlarged or expanded. Whether a nonconforming use is substantially enlarged or expanded the nature or purpose of the nonconforming use turns on the facts and circumstances of the particular case. In conducting this inquiry, The Zoning Board of Adjustment shall consider: (1) the extent the use in question reflects the nature and purpose of the prevailing nonconforming use; (2) whether the use at issue is merely a different manner of utilizing the same use or constitutes a use different in character, nature, and kind; and (3) whether the use will have a substantially different effect on the neighborhood. B. A nonconforming use shall only be altered where the expansion is a natural activity, closely related to the manner in which a piece of property is used at the time of the enactment of the ordinance creating the nonconforming use; and C. Any expansion of a nonconforming use must be evaluated in the context of the zone in which it is located. (b) Change in Use (1) Any nonconforming use of a structure may be changed to another nonconforming use, provided the changed use is not a substantially different use as determined by the Administrative Officer. In determining whether the change is substantially different, the Administrator shall consider: A. the extent to which the use in question reflects the nature and purpose of the prevailing nonconforming use; B. whether the use at issue is merely a different manner of utilizing the same use or constitutes a use different in character, nature, and kind; and C. whether the use will have a substantially different effect on the neighborhood. (2) Any nonconforming use that has been changed to a permitted use shall not again be changed to another nonconforming use. (c) Restoration Any nonconforming use damaged by fire or other natural cause may be reestablished provided such work is completed within two (2) years of the damage and does not place the use in greater nonconformity. If the use is not reestablished within two (2) years, it shall only be rebuilt in accordance with the use, dimensions and density regulations of this Chapter. The Zoning Board of Adjustment may grant an exemption from this section for designated historical building by a special exception ( ) Nonconforming Structures (a) Generally Any nonconforming structure or portion of the structure that has come into conformity shall not again become nonconforming. (b) Alteration Any nonconforming structure may be altered and a conforming use extended throughout the altered portion, provided that any resultant alteration shall not cause the structure to violate the dimensional and density regulations of the district in which it is located. Page 193 of 372

194 Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 11, Nonconformities (c) Relocation Any nonconforming structure shall not be moved to any other location on the lot or any other lot unless every portion of such structure, the use thereof, and the lot, shall be conforming. (d) Restoration Any nonconforming structure damaged by fire or other natural cause may be rebuilt provided such work is completed within two (2) years of the damage and does not place the structure in greater nonconformity. If the structure is not rebuilt within two (2) years, it shall only be rebuilt in accordance with the use, dimensions and density regulations of this Chapter. Historical buildings may be exempt by special exception of the board. (e) Unsafe structure Any structure determined to be unsafe due to natural deterioration or destruction by fire or other act of God may be restored to a safe condition, provided such work on any nonconforming structure shall be completed within one (1) year of the determination that the structure is unsafe and it shall not place the structure in greater nonconformity. Should this one-year time period be exceeded, the structure shall be reconstructed only as a conforming structure and used only for a conforming use Nonconforming Lots (a) Applicability For purposes of this Section, a nonconforming lot means a lot legally existing on the effective date of this Chapter that does not comply with the dimensional regulations of the district in which the lot is located including, but not limited to, maximum density, minimum lot area, minimum lot width, minimum frontage, minimum lot depth, or open space percentage. (b) Generally (1) Any nonconforming lot that has come into conformity with this Chapter shall not again be changed to a nonconforming lot. (2) Any nonconforming lot or open space on the lot (yard, setbacks, courts or area), if already smaller than that required, shall not be further reduced or decreased so as to be in greater nonconformity. (3) If the owner of two or more contiguous undeveloped lots with substandard dimensions wishes to build upon one of the lots, the lots must be combined to comply with the dimensional requirements of this Chapter and subsection(2) shall not apply. Where any nonconforming contiguous lot or lots were held in common ownership on or after October 14, 1976, they shall not be sold, consolidated or transferred to eliminate the common ownership unless they are sold, consolidated or transferred so as to create a conforming lot or lots where possible. This subsection does not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming Abandonment Whenever the use of a nonconforming structure, or portion thereof, has been discontinued for a continuous period of at least one (1) year in any Residential Zoning district, or at least two (2) years in any Nonresidential Zoning District, such nonconforming use shall not thereafter be reestablished, and the future use shall conform to this Chapter. The Zoning Board of Adjustment may, for good cause shown, extend the period of permitted discontinuance up to three (3) additional years, provided application in writing is made to the Board at least sixty (60) days before the commencement date of such three-year additional period. Page 194 of 372

195 Article III, Zoning Division 11, Nonconformities Land Use Code City Of Nashua, New Hampshire Parking (a) No use lawfully established prior to the effective date of this Chapter is required to provide and maintain or eliminate parking and loading areas to meet the requirements of Article V, Division 8. (b) Off-street parking and loading spaces required by any previously adopted requirement of the City Code shall be continued, and the existing number of parking and loading spaces shall not be increased or decreased so as to result in greater nonconformity. (c) A change in use or expansion of a Nonconforming Structure shall not further reduce the number of offstreet parking or loading spaces, if the number of spaces is already equal to or less than the number required to serve their intended use. (d) For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, reestablished or repaired, off-street parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this article for equivalent new uses. (e) In computing the number of required off-street parking spaces for a change in use of a building or lot which is nonconforming because the existing use not meeting the current off-street parking requirements, required off-street parking spaces shall be the sum of the following: (1) the spaces required for the proposed use under current parking regulations, (2) less the number of parking spaces required for the prior (nonconforming) use of building or lot under current regulations, (3) plus available off-street parking spaces for the prior use of building or lot. Comment: The purpose of this provision is to permit a reasonable reuse of existing buildings, yet ensure that the new use will provide the incremental parking spaces required for a more intensive use of the building or lot to 309 Reserved Appeals An appeal relating to a nonconforming use, nonconforming lot, or dimensional nonconformity shall be filed in accordance with to Reserved Page 195 of 372

196 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 1, General ARTICLE IV. PROCEDURES Purpose: this section establishes uniform procedures for the processing of applications for zoning approval, such as rezonings and conditional use permits; site plans; subdivision plans; and other forms of development approval. The intent of this Article is to consolidate in one area all procedures for securing development approval. This Article establishes the following: Common elements such as initiation of application process, completeness review, decision, approval criteria, scope of approval, and recording procedures. Categories of permits including legislative development orders, quasi-judicial decisions, and ministerial permits. Requires building permits and certificate of occupancy before construction or occupancy Each section relating to permits has a common format. The format is as follows: Subsection (a) Applicability (b) Initiation (c) Completeness Review (d) Notice (e) Decision (f) Approval Criteria (g) Amendments (h) Scope Of Approval (i) Recording Procedures Description types of situations that require the permitting or land use action How an application is submitted, to whom, and when Period of time for certifying an application as complete and ready for a decision Procedures for providing notice of the decision Procedures for reaching a final decision on the application Criteria for approving the application Procedures for amending the application What actions the decision authorizes, including the duration of the permit or decision How the action is memorialized Division to Reserved Completeness Review and Acceptance of Applications Purpose: This section establishes procedures for certifying that an application is ready to be processed. The intent is to require that applications contain sufficient information for the agency to make an informed decision on the application. At the same time, it contains time limits for certifying completeness in order to avoid unnecessary delay in the approval process. (a) Applicability These procedures shall be used to review any Application for completeness unless a different procedure is established elsewhere in this Chapter. (b) Pre-Application Conference Before any Application is filed with the Administrative Officer, the applicant may attend a pre-application meeting with the Administrative Officer or his designee. The purpose of the pre-application meeting is to discuss, in general, the procedures and requirements for an Application pursuant to this Chapter. Page 196 of 372

197 Article IV, Procedures Division 1, General Land Use Code City Of Nashua, New Hampshire (c) Application Materials (1) No Application shall be deemed complete unless all of the information required by Article X, Division 2 for a particular application is included, a completed checklist indicated that all such items have been submitted, an engineer s stamp, and all filing fees required by Article X, Division 2 have been paid. An Application that includes such information shall be deemed complete. (2) The Administrative Officer shall prepare and make available to applicants application forms consistent with Article X, Division 2. Such applications shall be filed in advance of any public hearing or public meeting required pursuant to this Chapter or statute. The Administrative Officer may establish a schedule for filing any Application requiring action by the Planning Board, the Board of Aldermen, or other agencies assigned review authority by this Chapter. The filing schedule shall provide adequate time for notice and/or publication consistent with the applicable state statutes and this Chapter. Completed applications shall be filed according to any published schedule of the Administrative Officer. (d) Review Procedures (1) Jurisdiction Unless the provisions pertaining to a particular application prescribe otherwise: A. The Administrative Officer shall review all applications for approval of a Development Order or a Permit for completeness. B. All decisions of the Administrative Officer or other administrative official pertaining to completeness may be appealed to (1) the Zoning Board of Adjustment, in the case of a Zoning Application (Article IV, Division 3) of this Chapter or zoning compliance review for building permits or certificates of occupancy), or (2) the Planning Board for all other Applications. (2) Time Limits Triggered by Complete Application Whenever this Article establishes a time period for processing of an application by the City, such time period shall not commence until the Administrative Officer has reviewed such application for completeness in order to determine whether the application has been properly submitted and the applicant has corrected all deficiencies in such application. Review for completeness of application forms is solely for the purpose of determining whether preliminary information required for submission with the application is sufficient to allow further processing, and does not constitute a decision as to whether application complies with the provisions of this Chapter. (3) Review By Administrative Officer and Appeal Default Procedure A. Unless a different procedure is described in this Article, this subsection applies to the review of an Application for completeness. B. Not later than ten (10) days after the Administrative Officer has received an Application, the Administrative Officer shall determine in writing whether the application is complete and shall immediately transmit the determination to the Applicant. If the written determination is not made within this time period, the application shall be deemed complete for purposes of this Chapter. Upon receipt of any resubmittal of the application, a new ten (10) day period shall begin, during which period the Administrative Officer shall determine the completeness of the application. If the application is determined not to be complete, the Administrative Officer's determination shall specify those parts of the application which are Page 197 of 372

198 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 1, General incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the Administrative Officer in response to the list and description. C. If the Application together with the submitted materials are determined not to be complete, the Applicant may appeal that decision in writing. The agency hearing the appeal shall render a final written determination on the appeal not later than the next available meeting after receipt of the applicant's written appeal. Notwithstanding a decision by the Administrative Officer that the application and submitted materials are not complete, if the final written determination on the appeal is not made within that 5-day period, the application with the submitted materials shall be deemed complete for the purposes of this Chapter. D. An Applicant and the Administrative Officer may mutually agree to an extension of any time limit provided by this section. (4) Time limits If the reviewing agency fails to act within the time period prescribed for completeness review, the application shall be deemed complete. (5) Limitation on Further Information Requests A. After the Administrative Officer accepts an application as complete or following a determination or appeal that the Application is complete, the Administrative Officer or the reviewing agency shall not subsequently request of an applicant any new or additional information which was not specified in Article X, Division 2. The Administrative Officer or the reviewing agency may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. B. This subsection shall not be construed as requiring an applicant to submit with his or her initial application the entirety of the information which the reviewing may require in order to take final action on the application. Prior to accepting an application, the Administrative Officer shall inform the applicant of any information included in Article X, Division 2 that is subsequently required from the applicant in order to complete final action on the application. (e) Acceptance of application Applications shall be accepted as follows: (1) For administrative procedures (Division 2 of this Article), by written notice if requested by the applicant; or (2) for other actions, by placing the application on the agenda of the agency considering the application. Page 198 of 372

199 Article IV, Procedures Division 1, General Land Use Code City Of Nashua, New Hampshire Notice Provisions Purpose and intent. This section provides the maximum possible notice of actions relating to parcels of land in the city that may impact the surrounding neighborhood by requiring the posting of signage on the subject site giving notice of public hearings on such actions. (a) Applicability This section applies to all applications that require public notice. (b) Generally The notice requirements for each type of application for development approval are prescribed in the individual subsections of this Article applicable thereto and/or the New Hampshire Revised Statutes Annotated (RSA). The notice requirements for certain types of public hearings are established in Table below provided, however, that to the extent of any inconsistency between the provisions of this section and any state statute, the state statute shall govern. (c) Contents of Notice Other than applications for subdivision or site plan approval (see , ), the notice shall state the time, date and place of hearing and a description of the property subject to the application which includes, at a minimum, the following: date upon which the application will be formally submitted to the agency a general description of the proposal which is the subject of the application the name and address of the applicant the location of the proposal. The street address or, if the street address is unavailable, the legal description by metes and bounds the current zoning classification the category of permit requested [References: RSA 674:4 I(d)] (d) Action to be consistent with notice The reviewing body may take any action on the application that is consistent with the notice given, including approval of the application, conditional approval (if applicable) of the application, or denial of the application. (e) Minor amendments not requiring renotification The provisions of this subsection (e) shall govern to the extent not inconsistent with provisions relating to minor amendments for a specific category of Permit or Development Order. The reviewing body may allow minor amendments to the application without resubmittal of the entire application. For purposes of this subsection, minor amendments are amendments that: (1) permit equal or fewer dwelling units, floor area or impervious surface than that requested on the original application; (2) reduce the impact of the development; or (3) reduce the amount of land involved from that indicated in the notices of the hearing. Page 199 of 372

200 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 1, General Table 403-1: Notice (A) (B) (C) (D) (E) Action Publication Posting Mail Signage Official map amendment (RSA 674:11) 10 days 10 days N/A N/A Appeal of permit denial pursuant to Official Map (RSA 674:15) 10 days 10 days at least 2 public places Building Permit N/A N/A N/A N/A Certificate of Occupancy N/A N/A N/A N/A Rezoning (RSA 675:7) 10 days 10 days at least 2 public places N/A 10 days Conditional Use Permit 10 days 10 days at least 2 public places N/A N/A N/A 10 days Special Exception (RSA 676:7) 5 days N/A 5 days 5 days Zoning Variances or Appeals (RSA 10 days N/A 5 days 5 days 676:7) Equitable waiver (RSA 674:33-a) 5 days N/A 5 days N/A Subdivision plan N/A N/A 10 days 10 days Conceptual Plan (RSA 674:4.II(a)) N/A N/A N/A N/A Design review (RSA 674:4.I(d)) N/A 10 days 10 days 10 days Conditional approval of a plan N/A N/A N/A N/A Construction Plans N/A N/A N/A N/A Plan Revocation (RSA 674:11) 10 days 10 days N/A N/A Conceptual plan N/A N/A N/A N/A Minor Site Plan N/A N/A N/A N/A Site Plan N/A 10 days 10 days 10 days Communications towers, regional 7-21 days N/A 7-21 days N/A notification (RSA 12-K:7) Developments of Regional Impact (RSA 36:57) N/A N/A 14 days N/A Rules of Interpretation for Table 403-1: In Table 403-1, the type of development order or permit is set forth in Column (A), and the types of notice are prescribed in Columns (B) through (E). Nothing in this section prohibits the City from posting additional notice for such actions, such as posting a sign or a notice on the City s internet website. Unless otherwise provided, the time periods referenced above mean the number of days (or other time period) preceding a public hearing on the matter. Notice shall conform to RSA 675:7 unless otherwise provided. Column (B): Publication means publication of notice of such hearing in a newspaper of general circulation in the City. Column (C): Posting means posting a notice at the city hall, or in whatever place other notices required by law in connection with municipal affairs are posted or customarily displayed Column (D): Mail means notice to abutters, the applicant, holders of conservation, preservation, or agricultural preservation restrictions, and every engineer, architect, land surveyor, or soil scientist whose professional seal appears on any plan submitted to the board by certified mail of the date upon which the application will be formally submitted to the board (RSA 676:4(d)). The number of days refers to the number of days prior to submission in the case of plans (RSA 676:4(d)), and before the date fixed for the hearing of the appeal (RSA 676:7). This definition does not apply to: (1) communications towers, which is governed by RSA 12-K:7 (see 16-69(b)), or (2) developments of regional impact, which are governed by RSA 36:57. For developments of regional impact, notice of the decision must be provided to the regional planning commission and affected municipalities within 72 hours of a decision (RSA 36:57). Column (E): Signage a sign erected by the applicant along each principal frontage of the lot, as determined by the Administrative Officer, providing notice of the impending action. Such sign shall be of a design, size and color approved by the Administrative Officer in order to maximize visibility of the sign and to call attention to its purpose. At a minimum, the sign shall include the title, a brief description of the requested action, the time, date, and place of public hearing or hearings Page 200 of 372

201 Article IV, Procedures Division 1, General Land Use Code City Of Nashua, New Hampshire on such actions, and instructions on contacting the Administrative Officer for further information on the action. Any sign required by this section shall be erected within forty-eight (48) hours of the notification of the applicant of the requirement for posting, and at least ten (10) days prior to the hearing on such matter, and shall be kept in good repair (as determined by the Administrative Officer) by the applicant until the date and time of the last hearing notified by the sign. The lack of proper signage shall not be deemed to be insufficient notice of hearing unless there is a determination by the Administrative Officer that the applicant has not made a good faith effort to keep the required signs posted and in good repair to Reserved Revocation of Permit or Approval See RSA 676:4-a to Reserved Division 2. Administrative Procedures Land Use Permit (a) Applicability It shall be unlawful for any owner or person to erect, construct, reconstruct, convert or alter a structure or change the use, increase the intensity of use, or extend or displace the use of any building, sign, other structure or lot without applying for on forms supplied by the Administrative Officer, and receiving from him a permit therefor. When any change is made in a plot plan as originally submitted, an application for a revised permit shall be submitted. (b) Initiation A land use permit shall be initiated by filing an application with the Administrative Officer. For purposes of administration, such permit and application procedure involving a structure may be made at the same time and combined with the permit required under the building code. In addition to plans and drawings required for submission under regulations of the building code, all applications for permits shall be accompanied by two (2) copies of a plan. One (1) copy of such plan shall be returned to the applicant if approved by the Administrative Officer. Such plan shall be drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected, location and design of offstreet parking and loading spaces, signs and such other information as may be necessary to determine and provide for the enforcement of this article. The information required on the plan may be combined with the information required for any site plan required by this article. A record of such applications and plans shall be kept in the office of the Administrative Officer. (c) Decision The Administrative Officer shall approve, approve with conditions, or deny the application within thirty (30) days. An appeal may be filed with the Zoning Board of Adjustment pursuant to (d) Approval Criteria The application shall be approved if it complies with the applicable provisions of this Chapter. The application shall be denied if it does not conform to the applicable provisions of this Chapter. Page 201 of 372

202 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 2, Administrative Procedures (e) Amendments An amendment to a Land Use Permit shall be processed in the same manner as a new application. (f) Scope Of Approval Authorization for a permit shall be null and void one (1) year from date of approval of a land use permit if not used or extended. (g) Recording Procedures The applicant shall maintain custody of the Permit. A copy of the application may be retained in the office of the Administrative Officer Building Permit See Chapter 6 of the NRO Certificate of Use and Occupancy (a) New Development (1) Applicability It shall be unlawful to use or occupy any structure or lot for which a permit is required herein without the owner applying for and receiving from the administrative officer a certificate of use and occupancy. Such certificate may be combined with the one that may be issued under the building code. (2) Initiation A certificate of occupancy, either for the whole or a part of a new building or for alteration of an existing building, shall be applied for coincidently with the application for a building permit. (3) Decision The administrative officer shall take action within thirty (30) days after written notification that the erection or alteration of such building or part has been completed in conformity with the provisions of this article. Failure of the administrative officer to act within thirty (30) days shall be considered approval. (b) Change of Use (1) Applicability A certificate of occupancy is required for the use or occupancy of vacant land, or for a change in the use of land, or for a change in the use of an existing building. (2) Initiation The certificate of occupancy shall be applied for and issued before any such land shall be occupied or used, or such land or building changed in use. (3) Decision The administrative officer shall take action with thirty (30) working days after application has been made. Failure of the administrative officer to act within thirty (30) working days shall be considered approval. Page 202 of 372

203 Article IV, Procedures Division 2, Administrative Procedures Land Use Code City Of Nashua, New Hampshire (c) Recording A record of all certificates of occupancy shall be kept on file in the office of the administrative officer, and a copy shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected Minor Site Plan Amendments (a) Applicability No changes may be made to any approved site plan or pre-existing as-built plan prior to the site plan ordinance adoption except upon application as follows: (1) Major amendments If it is determined by the planning director that the proposed change is not a minor amendment as defined below, the applicant's amendment shall follow the procedures for site plans prescribed in Division 5, (2) Minor amendments The planning department shall review minor amendments for overall consistency with the approved site plan or as-built site for all zoning districts including overlay districts and for compliance with the standards below. For the purposes of this section, a minor amendment by definition is an administrative decision and does not constitute a site plan. The planning director or his authorized designee shall approve, conditionally approve, disapprove, or refer the request to the Planning Board. The applicant may appeal the planning director s decision to the Planning Board. The procedures and standards for minor amendments are as follows: A. Minor changes in the color, exterior appearance, lot coverage, location, siting and height of buildings and structures or divisional walls may be authorized by the planning director if required for reasons or other circumstances not foreseen at the time the site plan was approved. No change authorized by this paragraph may increase the dimensions of any building or structure by more than ten (10%) percent in the aggregate, or permit an accessory structure whose size is greater than ten (10%) percent of the area of the principal building or structure. Changes in landscaping such as plant materials, minor alterations in the location of plantings, changes in plant quantities or sizes, changes to the location of internal sidewalks, or changes in location or number of parking spaces may be authorized by the planning director. B. The planning director may require a revised site plan or as-built plan delineating all approved changes. C. Temporary structures may be approved by the planning director upon the issuance of a temporary certificate of use for a period not to exceed twenty-four (24) months. The structures must be promptly removed at the conclusion of the approval period, and the site returned to the approved final development plan requirements. In no event shall any property owner acquire a vested right to maintain such temporary structure beyond the twenty-four (24) month period provided in this section. This requirement is in addition to those of the building code. The Planning Director may approve an extension for an additional twenty-four (24) months. D. Changes in uses depicted and permitted on the approved site plan or approved as-built plan may be approved by the planning director provided it is a permitted use within the zoning district, or where a special exception or use variance is granted by the Zoning Board of Adjustment. (b) Appeals The applicant may appeal the planning director's decision to the Planning Board. Page 203 of 372

204 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 3, Zoning Procedures to Reserved Division 3. Zoning Procedures Zoning Amendments The purpose of this Section is to provide uniform procedures for the amendment of this Chapter or the Official Zoning Map by the Board of Aldermen whenever the public necessity, convenience, general welfare or good zoning practice so requires. (a) Applicability This section applies to an action by the Board of Aldermen to amend, supplement or change the regulations, restrictions or district boundaries herein established or subsequently established. Requests for rezoning shall follow the submittal requirements set out in Article X, Division 2. This shall be done only after reference to the Planning Board and to the aldermanic planning committee. (b) Decision The aldermanic planning committee shall conduct a public hearing for the Board of Aldermen and shall submit its report and recommendation to the Board of Aldermen. A supermajority vote is required where a protest petition is filed pursuant to RSA 675:5. (c) Approval Guidelines Rezonings or text amendments are subject to the following guidelines listed in subsections (1) (2) under New Hampshire law. The purpose of this section is not to limit or restrict the items required for a valid rezoning under New Hampshire law, but rather to provide guidance to applicants, the Planning Board and the Board of Aldermen in considering a proposed rezoning or text amendment. (1) Consistency The Planning Board and Board of Aldermen shall consider whether the proposed zoning amendment is consistent with the Master Plan. (2) Statutory Criteria After adoption of the zoning amendments, the zoning ordinances shall be designed pursuant to RSA 674:17. Page 204 of 372

205 Article IV, Procedures Division 3, Zoning Procedures Land Use Code City Of Nashua, New Hampshire Conditional Use Permits Purpose: Conditional use permits are authorized by RSA 674:21 II as an innovative land use control. Conditional use permits are like special exceptions in that they require discretionary public hearings for designated uses. Unlike special exceptions, the decision maker is the Planning Board rather than the ZBA. (a) Applicability This Section applies to any building, structure or use designated as a conditional use in the Use Matrix ( 16-26, Table 26-1), or to any other building, structure or use designated as a conditional use by this Chapter. No such building, structure or use shall be established unless and until a conditional use permit is approved as provided in this Section. (b) Initiation An application for a conditional use permit shall be filed with the Administrative Officer. The application may be combined with, and processed concurrently with, an application for site plan, or subdivision review. (c) Completeness Review The Administrative Officer shall conduct a completeness review as set forth in of this Chapter. The Appellate Agency for purposes of completeness review (see (c) of this Chapter) shall be the Planning Board. Upon certification by the Administrative Officer that the application is complete and payment of required fees, the application shall be deemed complete and referred to the Planning Board for its review and decision. (d) Notice See (e) Decision The Planning Board shall render a decision approving, approving with conditions or denying the conditional use permit after conducting a public hearing. The hearing may be conducted concurrently with the site plan review hearing. (f) Approval Criteria Following a public hearing on the proposed use, the Planning Board shall issue a conditional use permit, if it finds, based on the information and testimony submitted with respect to the application, that: (1) The building, structure or use is specifically authorized by the Use Matrix, 16-26, Table 26-1, as a conditional use; (2) If completed, the development in its proposed location will comply with all requirements of this Article, and with specific conditions or standards established in this Chapter for the particular building, structure or use; (3) The building, structure or use will not materially endanger the public health or safety; (4) The building, structure or use will not substantially de-value abutting property; (5) The building, structure or use will be compatible with the neighborhood and with adjoining or abutting uses in the area in which it is to be located; (6) The building, structure or use will not have a substantial adverse impact on highway or pedestrian safety; Page 205 of 372

206 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 3, Zoning Procedures (7) The building, structure or use will not have a substantial adverse impact on the natural and environmental resources of the City; and (8) Adequate public utilities and community facilities are available to the property to ensure that the proposed use will not necessitate excessive public expenditures in providing public services. (g) Amendments An amendment to a Conditional Use Permit may be approved in the same manner as an application for a new Conditional Use Permit. (h) Scope Of Approval A Conditional Use Permit shall authorize the applicant to apply for approval of a Site Plan or Subdivision Plan, if required, and a building permit and certificate of use and occupancy. Conditions to a conditional use permit shall not be reduced or eliminated unless a new notice is provided prior to the final decision. (i) Recording Procedures All conditional use permits shall be filed with the Administrative Officer Special Exceptions Purpose: Special exceptions are authorized by RSA 674:33.IV. Special exceptions are like conditional uses in that they require discretionary public hearings for designated uses. Unlike conditional uses, the decision maker is the Zoning Board of Adjustment rather than the Planning Board. (a) Applicability This Section applies to any building, structure, use or activity designated as a Special Exception by this Chapter. The Zoning Board of Adjustment shall have power to hear and decide on applications for Special Exceptions to the terms of this article upon which the board is required to pass. No such building, structure, use, or activity shall be established unless and until a Special Exception is approved as provided in this Section. (b) Initiation An application for a Special Exception shall be filed with the Administrative Officer. (c) Completeness Review The Administrative Officer shall conduct a completeness review as set forth in of this Chapter. Upon certification by the Administrative Officer that the application is complete and payment of required fees, the application shall be deemed complete and referred to the Zoning Board of Adjustment for its review and decision. (d) Notice See (e) Decision (1) The Zoning Board of Adjustment shall render a decision approving, approving with conditions or denying the Special Exception after conducting a public hearing (2) The Zoning Board of Adjustment may approve certain items designated as Special Exceptions for Minor Encroachments in 16-27(e)(3) on a consent agenda. The hearing for each item placed on the consent agenda, and not removed prior to the hearing, shall be conducted concurrently. The application for approval of a Special Exception, any staff report, notices, and any Page 206 of 372

207 Article IV, Procedures Division 3, Zoning Procedures Land Use Code City Of Nashua, New Hampshire comments submitted relating to the application shall become part of the record for any consent agenda item. (f) Approval Criteria In applying for a Special Exception, the applicant need not demonstrate hardship, since the basis for the action is of general benefit to the city as a whole. In granting a Special Exception, the Zoning Board of Adjustment, with due regard to the nature and condition of all adjacent structures and uses, and the district within which the same is located, shall find all of the following general conditions to be fulfilled: (1) The requested use is listed as a special exception in the Use Matrix ( 16-26, Table 26-1) or is permitted as a special exception by another provision of this Chapter; (2) The requested use will not create undue traffic congestion, or unduly impair pedestrian safety; (3) The requested use will not overload any public water, drainage or sewer system, or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the city will be unduly subjected to hazards affecting health, safety or the general welfare; (4) Any special regulations for the use set forth in this article are fulfilled; (5) The requested use will not impair the integrity or be out of character with the district or immediate neighborhood in which it is located, nor be detrimental to the health, morals, or welfare of the residents of the city. Upon finding all of the above conditions to be fulfilled, the Zoning Board of Adjustment must grant the Special Exception. In approving or denying Special Exceptions, the Zoning Board of Adjustment shall state all its reasons for approval or denial in writing to the applicant, a copy of which will be kept on file as a matter of public record in the Administrative Officer's office. (g) Amendments An amendment to a Special Exception may be approved in the same manner as an application for a new Special Exception. (h) Scope of Approval A Special exception shall authorize the applicant to apply for approval of a Site Plan or Subdivision Plan, if required, and a building permit and certificate of use and occupancy. A special exception shall be null and void twelve (12) months from the date of approval unless the applicant files a complete application for a building permit, site plan, or subdivision plan within that time period. Any time required to appeal a determination as to completeness of an application does not count toward the twelve-month period. (i) Recording Procedures All special exceptions shall be filed with the Administrative Officer Reserved Page 207 of 372

208 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 3, Zoning Procedures Concurrent Zoning Amendment and Site Plan Approval Purpose: The purpose of this section is to permit innovative land use controls, as authorized by RSA 674:21, in the timing of the Planning Board recommendation on a rezoning request and providing for the concurrent, conditional approval or disapproval of one (1) or more site plans. A subdivision request shall accompany a site plan in any case in which a subdivision would be present. It is the intent of this section to provide for a streamlined review process that ensures quality, attractive, and compatible development in accordance with the general purposes of the city's zoning ordinance and the master plan. This section is intended to serve as an alternative procedure for seeking rezoning and is not intended to supersede This section implements the following Master Plan policies: Consider an amendment to the Nashua Revised Ordinances (NROs) to allow Incentive Zoning in targeted areas (i.e. the City would allow residential density in excess of that permitted in the existing or underlying zoning, and require that a certain percentage of additional units be affordable). Consider a streamlined and creative review and approval process for industrial uses. (a) Applicability This procedure may be applied to any of the following: (1) Any rezoning that meets the criteria for Inclusionary Zoning ( 16-93); or (2) any rezoning to a PI or GI zoning district in which the Planning Board determines that the proposed development will generate significant increases in jobs or employment, establish a base industry, or generate significant increases in tax revenues without requiring significant public expenditures for services and infrastructure; or (3) any other situation in which this Chapter expressly authorizes a concurrent rezoning and site plan approval pursuant to this Section. [Examples: Flexible Use District] (b) Initiation After or contemporaneously with the introduction to the Board of Aldermen of legislation amending the zoning ordinance in order to accommodate the contemporaneous review, the applicant shall submit, at a minimum, two (2) separate and completed applications to the Administrative Officer containing the following information, documents and maps. An incomplete application or unsatisfactory study or report, shall be cause for not placing the item on the Planning Board agenda. Prior to submitting an application, the applicant is required to have a pre-application meeting with the Administrative Officer or designee. (c) Completeness Review See (d) Notice Abutter notice and public posting of the Planning Board meeting for requests under this section shall comply with all notice requirements for both a rezoning action and for a site plan approval, and for any subdivision request if necessary. See for notice requirements. (e) Decision (1) Meeting The Planning Board may receive testimony or evidence on both the rezoning and the site plan at the same time, provided that the decision/recommendation on each shall be separate and shall be made relative to the criteria pertinent to each type of review. Page 208 of 372

209 Article IV, Procedures Division 3, Zoning Procedures Land Use Code City Of Nashua, New Hampshire (2) Enforcement of Conditions In order to enforce the conditions relating to the rezoning and site plan approval, the Administrative Officer and legal department will prepare, or cause the developer to prepare, to their satisfaction a development agreement containing at a minimum any Planning Board conditions of approval of the site plan. The agreement shall be signed by the applicant/owner of property prior to scheduling final Board of Aldermen action on the rezoning. The city may require proof of ownership interests or encumbrances prior to the execution of the agreement. Any site plan/subdivision approval shall be contingent upon the approval of the development agreement and rezoning. (f) Approval Criteria, Amendments, Scope of Approval and Recording Procedures For procedures applicable to the rezoning, see for procedures applicable to the site plan Appeals from Administrative Decision Purpose: this section include the rules of procedure adopted by the Zoning Board of Adjustment for appeals from the provisions of Articles III (zoning),(floodplain management), (impact fees), (signs), and (nonconformities) (RSA 675:1, 674:33, 676:5 676:7). This section becomes effective when adopted by the Board of Adjustment. (a) Applicability This section applies to any appeal of a decision of the Administrative Officer filed pursuant to RSA 676:5. (b) Initiation A notice of appeal shall be filed with the Zoning Board of Adjustment within the time period prescribed by the Zoning Board of Adjustment pursuant to RSA 676:5.I. The appeal shall contain a written statement of the reasons for which the appellant claims the final decision is erroneous. The appeal shall be accompanied by a fee established by the Board of Aldermen in Article X, Division 2. (c) Completeness Review In order to avoid a conflict of interest, no completeness review shall be conducted by the Administrative Officer. The Administrative Officer shall forthwith transmit to the Zoning Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. (d) Notice See (e) Decision (1) The ZBA shall hear and decide de novo and review on appeal any order, requirement, decision or determination made by the Administrative Officer in the enforcement or application of this article. (2) Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the board shall immediately be filed in the office of the Administrative Officer and become a public record. The board shall file with the city clerk for distribution as necessary a complete record of the minutes of their meetings and public hearings. Included in the minutes shall be the reasons for the granting or denying of a request for a variance, together with the vote of each member on each item on the agenda. The board shall also forward to the city clerk a copy of their agendas prior to their meetings. Page 209 of 372

210 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 3, Zoning Procedures (3) Pursuant to RSA 674:33, the Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order or decision as ought to be made and, to that end, shall have all the powers of the administrative official from whom the appeal is taken. (4) The concurring vote of 3 members of the board shall be necessary to reverse or modify any order, requirement, decision or determination of the administrative official or to decide in favor of the applicant on any matter on which it is required to pass. (f) Scope of Approval The granting of an appeal by the Zoning Board of Adjustment shall not exempt the applicant from any provision of this article not specifically ruled upon by the board or specifically set forth as accepted in this particular case by a provision of this article. (g) Recording Procedures A record of the appeal including the notice of appeal and the decision of the Zoning Board of Adjustment shall be maintained by the Administrative Officer Variances from Zoning Purpose: this section establishes the procedure for seeking a variance from the Zoning Board of Adjustment from the provisions of Article III (zoning) (RSA 675:1, 674:33, 676:5 676:7). This section becomes effective when adopted by the Zoning Board of Adjustment. (a) Applicability This Section applies to any request for a variance for a particular use or parcel of land or to an existing building thereon from the terms of Article III. (b) Initiation A notice of appeal requesting a variance shall be filed with the Zoning Board of Adjustment within the time period prescribed by the Zoning Board of Adjustment pursuant to RSA 676:5. The appeal shall contain a written statement of the reasons for which the appellant claims the final decision is erroneous. The appeal shall be accompanied by a fee established by the Board of Aldermen in Article X, Division 2. (c) Completeness Review See (d) Notice See (e) Decision The ZBA may on appeal authorize a variance for a particular use or parcel of land or to an existing building thereon from the terms of this article where, owing to the conditions especially affecting such parcel or such building, but not affecting generally the district in which it is located, a literal enforcement of this article would result in unnecessary hardship to the appellant, and where desirable relief may be granted without substantial detriment to the public interest and without nullifying or substantially derogating from the intent or purpose of this article. In granting variances, the board, if it deems it proper to the carrying out of the intent and purpose of this article, may impose such reasonable and additional stipulations and conditions as will, in its judgment, better fulfill the purpose of this article. In denying variances the board shall state fully its reasons for denial in writing to the applicant. Page 210 of 372

211 Article IV, Procedures Division 3, Zoning Procedures Land Use Code City Of Nashua, New Hampshire (f) Approval Criteria (1) Pursuant to RSA 674:33, the Zoning Board of Adjustment may authorize a variance from the terms of Article III if: A. The variance will not be contrary to the public interest; B. Special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship; C. The variance is consistent with the spirit of the ordinance; D. Substantial justice is done E. The variance does not diminish the value of surrounding properties. Comment: see Boccia v. City of Portsmouth, 151 NH 85 (2004), Simplex Technologies v. Town of Newington, 145 N.H. 727, , 766 A.2d 713 (2001 (2) Pursuant to RSA 674:33, the Zoning Board of Adjustment may grant a variance from the terms of a zoning ordinance without finding a hardship arising from the condition of a premises subject to the ordinance, when reasonable accommodations are necessary to allow a person or persons with a recognized physical disability to reside in or regularly use the premises, provided that: A. Any variance granted under this paragraph shall be in harmony with the general purpose and intent of the zoning ordinance. B. In granting any variance pursuant to this subsection, the Zoning Board of Adjustment may provide, in a finding included in the variance, that the variance shall survive only so long as the particular person has a continuing need to use the premises. (g) Amendments It is unlawful for any owner or person to reconstruct, convert or alter a structure or change the use, increase the intensity of use, or extend or displace the use of any building, other structure or lot, or change any required limitations or special conditions imposed by the board in authorizing a variance without appealing to the board as a new case over which the board shall have complete administrative power to deny, approve or modify. (h) Scope of Approval The granting of an appeal by the board shall not exempt the applicant from any provision of this Chapter not specifically ruled upon by the board or specifically set forth as accepted in this particular case by a provision of this Chapter. (i) Recording Procedures A record of the appeal including the notice of appeal and the decision of the Zoning Board of Adjustment shall be maintained by the Administrative Officer to Reserved Page 211 of 372

212 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 4, Subdivision Procedures Division 4. Subdivision Procedures Purpose: as required by RSA 674:36, the purpose of establishing this Division is to: Provide against such scattered or premature subdivision of land as would involve danger or injury to health, safety, or prosperity by reason of the lack of water supply, drainage, transportation, schools, fire protection, or other public services, or necessitate the excessive expenditure of public funds for the supply of such services; Provide for the harmonious development of the municipality and its environs; Require the proper arrangement and coordination of streets within subdivisions in relation to other existing or planned streets or with features of the official map of the City; Provide for open spaces of adequate proportions; Require suitably located streets of sufficient width to accommodate existing and prospective traffic and to afford adequate light, air, and access for firefighting apparatus and equipment to buildings, and be coordinated so as to compose a convenient system; Require, in proper cases, that plans showing new streets or narrowing or widening of such streets submitted to the Planning Board for approval shall show a park or parks suitably located for playground or other recreational purposes; Require that proposed parks shall be of reasonable size for neighborhood playgrounds or other recreational uses; Require that the land indicated on plans submitted to the Planning Board shall be of such character that it can be used for building purposes without danger to health; Prescribe minimum areas of lots so as to assure conformance with local zoning ordinances and to assure such additional areas as may be needed for each lot for on-site sanitary facilities; and Include provisions which will tend to create conditions favorable to health, safety, convenience, or prosperity; and Encourage the installation and use of solar, wind, or other renewable energy systems and protect access to energy sources by the regulation of orientation of streets, lots, and buildings; establishment of maximum building height, minimum set back requirements, and limitations on type, height, and placement of vegetation; and encouragement of the use of solar skyspace easements under RSA General Requirements Purpose: This Section establishes general regulations applicable to all subdivisions, administrative provisions, and procedures for classifying plan applications as major or minor. (a) Applicability This Division applies to any subdivision, as defined in Article X, Division 1, within the corporate limits of the City of Nashua. No person shall sell or transfer ownership of any lot or parcel of land by reference to a plan of a subdivision before such plan has been duly recorded with the Register of Deeds, unless such subdivision was created prior to the adoption of this Chapter and any other subdivision ordinance applicable thereto. No building permit or certificate of use and occupancy shall be issued for any parcel or plan of land which was created by subdivision after the effective date of this Chapter, and no construction of any public or private improvements shall be commenced, except in conformity with the requirements of this Chapter. A final subdivision plan shall be approved by the Administrative Officer before the subdivision of a parcel may be recorded. (1) When a Subdivision Plan is Required No person shall Subdivide Land without making and recording a plan and complying fully with the provisions of this Article and all other state and local laws and regulations applying to Subdivisions. Page 212 of 372

213 Article IV, Procedures Division 4, Subdivision Procedures Land Use Code City Of Nashua, New Hampshire (2) Recordation of Unapproved Plan Prohibited No subdivision plan shall be recorded with the Registry of Deeds until such plan shall have been approved, and such approval evidenced thereon, in accordance with the regulations set forth in this Article. (b) Initiation (1) Article X, Division 2 specifies what constitutes a completed application sufficient to invoke jurisdiction to obtain plan approval. A completed application means that sufficient information is included or submitted to allow the board to proceed with consideration and to make an informed decision. (2) A completed application sufficient to invoke jurisdiction of the Planning Board shall be submitted to and accepted by the board only at a public meeting of the Planning Board, with notice as provided in RSA 676:4(d) (see ). (3) The applicant shall file the application with the board or its agent at least 15 days prior to the meeting at which the application will be accepted. (4) The application shall include the names and addresses of the applicant, all holders of conservation, preservation, or agricultural preservation restrictions as defined in RSA 477:45, and all abutters as indicated in the city records. Abutters shall also be identified on any plan submitted to the board. The application shall also include the name and business address of every engineer, architect, land surveyor, or soil scientist whose professional seal appears on any plan submitted to the board. (5) The applicant may, but is not required, file a pre-application conceptual plan pursuant to prior to filing a design review or a conditional plan. (c) Completeness Review and Acceptance of Application (1) The Administrative Officer shall review an application for subdivision plan approval consistent with After completeness review by the Administrative Officer, the applicant may choose to resubmit the application or to present it to the Planning Board. (2) The board shall, at the next regular meeting or within 30 days following the delivery of the application, for which notice can be given in accordance with the requirements of subsection (b), determine if a submitted application is complete according to Article X, Division 2 and shall vote upon its acceptance. Upon determination by the board that a submitted application is incomplete according to the board's regulations, the board shall notify the applicant of the determination in accordance with RSA 676:3, which shall describe the information, procedure, or other requirement necessary for the application to be complete. The board may, upon motion of any member, determine that an application is complete and begin formal consideration of the application. (d) Decision (1) Upon determination by the board that a submitted application is complete according to Article X, Division 2, the board shall begin formal consideration. (2) The Planning Board shall act to approve, conditionally approve as provided in , or disapprove the plan within 65 days, subject to extension or waiver as provided in subsection (3). Page 213 of 372

214 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 4, Subdivision Procedures (3) The Planning Board may apply to the Board of Aldermen for an extension not to exceed an additional 90 days before acting to approve or disapprove an application. The applicant may waive the requirement for Planning Board action within the time periods specified in subsection (2) and consent to such extension as may be mutually agreeable. (4) Upon failure of the board to approve, conditionally approve, or disapprove the application, the Board of Aldermen shall, upon request of the applicant, immediately issue an order directing the board to act on the application within 30 days. If the Planning Board does not act on the application within that 30-day time period, then within 40 days of the issuance of the order, the Board of Aldermen shall certify on the applicant's application that the plan is approved pursuant to this paragraph, unless within those 40 days the Board of Aldermen has identified in writing some specific subdivision regulation or zoning or other ordinance provision with which the application does not comply. Such a certification, citing this paragraph, shall constitute final approval for all purposes including filing and recording under RSA 674:37 and 676:18, and court review under RSA 677:15. (5) In case of disapproval of any application submitted to the Planning Board, the ground for such disapproval shall be adequately stated upon the records of the Planning Board. (e) Notice The Planning Board shall provide notice as provided in RSA 676:4.I(d) and Any subdivision plan other than a lot-line relocation that does not create additional lots shall require on-site notice in accordance with of this Chapter, with the title of the action to read "SUBDIVISION." (f) Decision The Planning Board shall approve or deny the plan after conducting a public hearing on the application. In the event of disapproval, the Board shall state the reasons for disapproval in writing to the applicant or his agent. (g) Approval Criteria In reviewing the subdivision plan, the board shall at a minimum make the following determinations: (1) That the subdivision plan is consistent with the goals, objectives and strategies adopted as part of the city's master plan. (2) The subdivision complies with all applicable standards of Articles III and V-XVI of this Chapter. (3) That unique aesthetic, architectural and visual character of nearby buildings or cluster of buildings are maintained, and that the subdivision plan is in harmony with such character. (4) That the subdivision plan attempts to balance with the allowed use the preservation of natural features such as knolls, rock outcroppings, ravines unique views, large trees, clusters of vegetation, and areas of vegetation which would serve as buffer areas between dissimilar adjacent land uses. (5) That the proposed subdivision shall not generate excessive traffic or demands on parking. (6) That adequate municipal services exist to support the proposed use. (7) That the subdivision plan provides adequate means of handling stormwater runoff, and meets the criteria for stormwater handling and treatment set forth in Article V, Division 8. For sites which are outside of the Water Supply Protection District, the board may Page 214 of 372

215 Article IV, Procedures Division 4, Subdivision Procedures Land Use Code City Of Nashua, New Hampshire waive the requirements for recharge if the applicant demonstrates that meeting the recharge standard is not practicable. (8) That all areas provided for detention, treatment, infiltration, or other handling of stormwater are designed so as to be safe, and in keeping with the surrounding character of the site. For sites which are outside of the Water Supply Protection District, the board may allow the use of alternate methods of stormwater handling if the applicant demonstrates that such methods would be more in keeping with the intent of this section and with the character of the site. (9) That the subdivision is compatible with the existing character of the neighborhood, and to ensure that it preserves natural character features of the area or neighborhood. (10) That the subdivision does not constitute scattered or premature development as would involve danger or injury to health, safety, or prosperity by reason of the lack of water supply, sewage disposal, drainage, transportation, schools, fire protection, or other public services which necessitate the excessive expenditure of public funds for the supply of such services. If it is determined by the Planning Board that the proposed subdivision is scattered or premature, the subdivision may be disapproved or special site changes, on or off site, may be required to address any items of concern. Changes to the plan may be required to mitigate those impacts that caused the subdivision to be declared scattered or premature. The Planning Board may require the applicant to make said improvement(s) prior to, or as a condition of, approval of the subdivision. (h) Public Hearing (1) Except as provided in this section, no application may be denied or approved without a public hearing on the application. At the hearing, any applicant, abutter, holder of conservation, preservation, or agricultural preservation restriction, or any person with a direct interest in the matter may testify in person or in writing. Other persons may testify as permitted by the subdivision regulations or the board at each hearing. (2) Public hearings are not required when the board is considering or acting upon: A. Minor lot line adjustments or boundary agreements which do not create buildable lots, except that notice to abutters and holders of conservation, preservation, or agricultural preservation restrictions shall be given prior to approval of the application in accordance with subparagraph (d) and any abutter or holder of conservation, preservation, or agricultural preservation restrictions may be heard on the application upon request; or B. Disapprovals of applications based upon failure of the applicant to supply information required by the regulations, including identification of abutters or holders of conservation, preservation, or agricultural preservation restrictions; or failure to meet reasonable deadlines established by the board; or failure to pay costs of notice or other fees required by the board. (i) Scope of Approval (1) After approval and recording of the plan, the applicant may proceed with: site preparation/grading (subject to obtaining any permit required in Article X); and the installation of required improvements (subject to approval of construction plans as described in , below). (2) The Planning Board Chair, Vice Chair or Secretary shall sign the plan. Page 215 of 372

216 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 4, Subdivision Procedures (3) In the event the applicant is unable to complete the required improvements, and such improvements are deemed necessary for the preservation of the public health and safety, the City of Nashua may compel the delivery of the deed and guarantees in order to complete the improvements as required. (4) The applicant shall deliver a full covenant and warranty deed to all dedicated lands and improvements in proper form for recording. (j) Recording Procedures See RSA 674:37. (k) Coordination of Flexible Zoning Applications With Subdivision Approval. An application for a rezoning ( ) or a conditional use permit ( ) may be initiated concurrent with the initiation of an application for approval of a preliminary subdivision plan Preliminary Conceptual Consultation (a) Prior to the filing of an application for plan approval, the applicant may, and is encouraged to, submit to the Planning Board and the Administrative Official a preliminary conceptual plan. The purpose of preliminary conceptual consultation is to review of the basic concept of the proposal and suggestions that might be of assistance in resolving problems with meeting requirements during final consideration. (b) Preliminary Conceptual Consultation does not bind either the applicant or the board. Statements made by Planning Board members shall not be the basis for disqualifying said members or invalidating any action taken. The board and the applicant may discuss proposals in conceptual form only and in general terms such as desirability of types of development and proposals under the master plan. (c) The applicant should provide general subdivision information outlining conditions of the site and the proposed development, including means of providing water and sewerage, topography of site, layout of streets, lots and other features, and the relationship of the proposed subdivision to existing streets, highways and community facilities. Submission of the conceptual plan and supporting information does not require formal application. (d) Preliminary Conceptual Consultation may occur without giving formal public notice as required under (e), but such discussions may occur only at formal meetings of the board. (e) Preapplication review is optional. It is separate and apart from formal consideration under The time limits for acting under do not apply until formal application is submitted under (b) Preapplication Design review (a) Prior to submission of an application for Board action, an applicant may request to meet with the Board or its designee for non-binding discussions beyond the conceptual and general stage, involving more specific design and engineering details of the potential application. (b) The design review phase may proceed only after proper notification, as set forth in (e). Page 216 of 372

217 Article IV, Procedures Division 4, Subdivision Procedures Land Use Code City Of Nashua, New Hampshire (c) Statements made by Board members shall not be the basis for disqualifying said members or invalidating any action eventually taken on the application. (d) A rough sketch of the site should be provided, showing: (1) location of lot lines; (2) lot measurements; and (3) the streets surrounding the site. (e) Pre-application review is optional. It is separate and apart from formal consideration under The time limits for acting under do not apply until formal application is submitted under (b) Conditional Approval (a) Applicability The Board may grant conditional approval of an application, but the plan will not be signed or recorded until all of the conditions have been met. (b) Decision (1) Conditional approval shall be rendered in accordance with (2) Per RSA 676:4 I(i), a conditional plan shall be certified to the Planning Board by the Administrative Officer where: A. the plan involves only minor plan changes whether or not imposed by the board as a result of a public hearing, compliance with which is administrative and which does not involve discretionary judgment, or B. conditions which are in themselves administrative and which involve no discretionary judgment on the part of the board; or C. conditions with regard to the applicant's possession of permits and approvals granted by other boards or agencies or approvals granted by other boards or agencies. (3) Approval shall be in the form of a written letter to the applicant (or contact person as listed on the application) advising that the conditional plan meets all requirements of this Chapter and that the original conditional plan may be submitted to the Administrative Officer. (c) Scope of Approval If the applicant has not complied with the conditions of approval within one (1) year, the approval is considered null and void and the applicant must submit a new subdivision application. The Planning Board may extend this time period at the request of the applicant. Page 217 of 372

218 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 4, Subdivision Procedures Construction Plans Purpose: The purpose of this section is to provide uniform standards and procedures for the preparation and inspection of subdivision improvements. (a) Applicability (1) Following approval of the subdivision or site plan, the applicant shall have prepared, by a NH Licensed Registered Professional Engineer, construction plans, consisting of complete construction drawings and specifications of all easements, streets, traffic control devices, street lights, sanitary sewers, storm water facilities, water system facilities, sidewalks and other improvements required by this Chapter and the Board of Public Works specifications. (2) Before the Administrative Officer approves the land use permit, the Applicant shall comply with either subsection A or subsection B, below: A. The applicant shall complete all required street and utility improvements to the satisfaction of the city engineer, consistent with Article V. The City Engineer shall submit a written statement to the board that the improvements comply with the standards required by this Section; or B. The applicant shall provide performance guarantees pursuant to Regardless of whether performance guarantees are provided, the applicant shall complete all improvements consistent with subsection (3), below, before any building on a lot on an approved conditional plan or portion thereof to be served by such improvements is sold for occupancy or is occupied as set out in each subsection below. (3) No certificate of use and occupancy shall be issued until: A. The applicant completes all required street improvements except curbing, sidewalk paving, final wearing coat of asphalt on streets, and stone bounds; and B. All sidewalk areas are paved. A certificate of use and occupancy may be issued during the winter months if the sidewalks remain unpaved if the applicant posts security for completion of the sidewalks consistent with Sidewalks on lots occupied during winter conditions shall be paved prior to the completion of the lot's landscaping or the next succeeding June l, whichever is earlier. C. Telephone service is available to the dwelling. A certificate of use and occupancy may be issued if a prospective purchaser of the dwelling waives the requirement for telephone service in writing. (b) Initiation No installation of public infrastructure shall commence until a permit to construct is issued by the City Engineer. The Applicant shall pay all permit and inspection fees as authorized by Board of Public Works. Upon issuance of the permit, the applicant shall arrange for a pre-construction meeting with the City Engineer s office. (c) Completeness Review Construction plans shall include the information required by Article X, Division 2 to this Chapter. Page 218 of 372

219 Article IV, Procedures Division 4, Subdivision Procedures Land Use Code City Of Nashua, New Hampshire (d) Notice No notice is required for the approval of construction plans. (e) Inspections The Applicant shall request approval of all improvements required by this Chapter. The City Engineer shall inspect such improvements, and shall approve or deny the construction plans consistent with the criteria established in this Chapter. The city engineer shall have twenty (20) calendar days from the date of request to grant or deny the requested approval. Failure of the city engineer to grant or deny the requested approval within the twenty (20) calendar days shall be deemed to constitute approval. In the event of disapproval a written notice shall be given stating the reasons for disapproval with a complete list of deficiencies to be corrected by the Applicant. Upon mutual agreement of both parties, this time period may be modified. The Administrative Officer shall set forth on each approved conditional plan the substance of the foregoing requirements, if applicable, and the city engineer shall furnish his approval on a form suitable for recording. If approval or disapproval is not given within twenty (20) days the city clerk shall furnish approval on a form suitable for recording. (f) Standards (1) All installations of improvements shall conform to the approved construction plans. The Applicant shall not modify the design and/or specifications prior to construction, unless the City Engineer approves such changes. The applicant shall notify the City Engineer in advance of any changes to be made from the approved drawings. In the event that actual construction work deviates from that shown on the approved construction plans, such unapproved work shall constitute a violation of this Chapter and shall be remedied in accordance with The Applicant shall correct the installed improvements to conform to the approved construction plans. In addition, the Planning Board or Administrative Officer may take such other actions as may be deemed appropriate including, but not limited to, revocation of permits already issued and/or withholding of future approvals and permits until the violation is corrected. (2) Prior to final inspection of the required improvements, the applicant shall submit to the City Engineer one (1) reproducible copy and two (2) prints of as-built engineering drawings for each of the required improvements that have been completed. Each reproducible copy shall be mylar or other media approved by the City Engineer. The applicant shall also submit as-built drawings in an electronic format approved by the City Engineer. Each set of drawings shall be re-certified by the applicant's surveyor indicating the date when the as-built survey was made. As-built drawings shall show following: A. The constructed vertical elevation, horizontal location and size of all sanitary and storm sewers, manholes, inlets, junction boxes, detention basins and other appurtenances or elements of the sewerage and storm drainage systems constructed to serve the subdivision. B. All grading, excavations, open cutting and similar land surface disturbances to be mulched, seeded, sodded or otherwise protected to ensure compliance with Article V, Division 6 of this Chapter. C. Water lines, valves, fire hydrants and other appurtenances or elements of the water distribution system constructed to serve the project. Such information shall include the horizontal location and size of water lines and location and description of valves with dimensional ties. D. The location of all street rights-of-way, alignments, widths and vertical elevations. Page 219 of 372

220 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 4, Subdivision Procedures E. All control points and monumentation. (g) Acceptance of improvements. (1) Approval of the installation of improvements by the City Engineer shall not constitute acceptance by City of Nashua for dedication purposes. The installation of improvements in any subdivision shall, in no case, serve to bind City of Nashua to accept such improvements for maintenance, repair or operation thereof. Such acceptance is subject to the existing regulations concerning the acceptance of each type of improvement. (2) The specific standards for acceptance of easements are subject to the technical design standards of this Chapter and any other adopted policy or manual of City of Nashua or state agency with jurisdiction over such improvements. All easements shall comply with this Chapter prior to acceptance. (3) City of Nashua is not responsible for any street, or other improvement, or the delivery or provision of public services, even if a street is used by the public, unless and until the dedication of those improvements has been accepted by the City. (4) When improvements are constructed in accordance with the requirements and conditions of these regulations and the specifications of this Article, and the applicant submits asbuilt drawings to the City Engineer, the City shall accept the improvements for maintenance by City of Nashua. This subsection does not apply to improvements maintained by another entity. (5) These provisions do not relieve the applicant or his authorized agent or contractor of any responsibility to notify any agency for City of Nashua of completed work and formal request for inspection of same. The agency having jurisdiction shall inspect and approve all completed work prior to the release of any applied performance sureties. (h) Site Cleanup The applicant shall remove all equipment, material, and general construction debris from the subdivision and from any lot, street, public way or property therein or adjacent thereto. Dumping of such debris into sewers, onto adjacent property or onto other land in the City of Nashua is prohibited Performance Guarantees Purpose: this Section establishes procedures for bonding, subdivision improvement agreements or other guarantees where improvements are not completed before conditional plan approval as provided by RSA 674:36.III(b). This section also establishes guarantees to warrant and to ensure proper maintenance of the improvements (a) Applicability This section applies where the applicant chooses to provide performance guarantees in lieu of completing improvements prior to conditional plan approval. (b) Initiation (1) The applicant shall post a performance bond, irrevocable letter of credit, certified check or deposit in escrow, in a sum in an amount determined by the City Engineer. (2) No performance bond, certified check, deposit in escrow or cash shall be accepted unless the City Engineer provides a statement that the improvements comply with the requirements of this Chapter. Page 220 of 372

221 Article IV, Procedures Division 4, Subdivision Procedures Land Use Code City Of Nashua, New Hampshire (3) No performance bond or deposit in escrow shall be accepted unless the City Attorney or, in the case of a vacancy in this position, an attorney licensed to practice law in this state, furnishes a statement as to the validity, adequacy and enforceability of the security offered. (4) In addition to all other security, when the City of Nashua participates in the cost of an improvement, the applicant shall provide a performance bond from the contractor, with the City of Nashua as a co-obligee. (5) The issuer of any surety bond shall be subject to the approval of the City Attorney and the Division of Public Works. (6) If security is provided in the form of a cash escrow, the applicant shall deposit with the Finance Department of City of Nashua a cash amount or certified check endorsed to the escrow agent for a face value in an amount not less than the amount specified by the Division of Public Works. (7) The surety bond or cash escrow account shall accrue to the City of Nashua for administering the construction, operation and maintenance of the improvements. (8) If oversized facilities such as water lines, sewer lines, streets, storm drainage, or similar improvements are required, the City Engineer and applicant shall specify a reimbursement procedure in a Subdivision Improvement Agreement executed by the Administrative Officer, City Engineer, and the applicant. (c) Duration Performance guarantees shall be for a period not to exceed one (1) year, and may be extended by the City Engineer for an additional year. Construction of the required improvements shall be completed within ten (10) months of approval. If construction is not completed during this time period, the Planning Board may grant an extension of time, and the applicant either post a new performance guarantee or extend the period of validity for the performance guarantee to correspond to this time period. Failure to complete all street and utility improvements to the satisfaction of the city within the time specified shall mean forfeiture of the bond, certified check or deposit in escrow. The Applicant may arrange with the Planning Board to stage improvements and have construction within a subdivision such that required street and utility improvements can safely be completed within the one-year time period. (d) Maintenance Guarantee (1) The applicant shall guarantee the improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance of such improvements. The warrantee phase shall not end during and between the months of November and April, and if necessary shall be extended beyond the one-year timeframe so as not to end during these months. (2) The maintenance guarantee shall be secured by a surety bond or cash escrow in an amount reflecting ten percent (10%) of the cost of the completed improvements. (3) The applicant shall construct and pay for all costs of temporary improvements required by the City Engineer and shall maintain said temporary improvements for the period specified by the City Engineer. (4) Thirty (30) days prior to the expiration of the maintenance guarantee instrument, if any defects in workmanship and/or materials are not repaired to the satisfaction of the City Engineer, the applicant shall make all necessary repairs immediately. Page 221 of 372

222 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 4, Subdivision Procedures (e) Release of Security (1) Upon completion of all improvements as covered by the security, the City Engineer (or his/her designee) shall inspect the work. If the Administrative Officer determines that the work is satisfactory and complete, the security shall be released. The applicant shall provide evidence that all contractors have been paid in full prior to the release of the performance security. (2) Ten percent (10%) of the performance guarantee for any Streets shall be held until the Board of Aldermen accept dedication. The performance security shall be released upon acceptance of dedication of the Streets. For other public improvements for which acceptance of dedication is not required by the Board of Aldermen, the performance guarantee shall not be released until the improvement is approved by the City Engineer. (f) Bond Reduction Procedures for improvements to be accepted by the City, a homeowners association, other agency or for the release or reduction of a bond for any other reason are as follows: (1) No more than three reductions shall be permitted in any twelve (12) month period. The cumulative amount of all bond reductions shall equal no less than eighty percent (80%) of the original bond value. Periodic partial releases may not occur before the completion of at least thirty percent (30%) of the facilities covered by the bond. (2) After all physical improvements, or those improvements for which a bond reduction is requested, are completed and a set of as-built plans, certified as to construction by a licensed engineer, are submitted to the City, the developer must submit a request to the City for an inspection. (3) The City Engineer shall set a date for a field inspection, and shall transmit a punch list of those items requiring correction to the Applicant. Depending on the extent of repairs required, the City Engineer may require an extended warranty phase accompanied by an extended warranty bond. The City may call the bond and complete the repairs itself if the applicant does not complete the repairs as required by this Chapter during this period. The City shall notify the developer of the items requiring correction or revision within thirty (30) days of receipt of the developers request for an inspection. The applicant shall complete the items requiring correction within sixty (60) days. (4) If these punch list corrections are not completed by the end of the time period, the entire project may be subject to reinspection. The applicant will notify the City that he has completed the punch list items and desires final inspection. The City Engineer shall set a date for the final inspection by the City with the applicant and representative of the receiving authority (homeowners association or other agency) if applicable. Final inspection shall be made once the applicant has supplied all necessary plans, quitclaims, as-built plans and other required items to the City. Failure to supply these required items will require rescheduling the inspection. If the final inspection indicates that any improvements, or parts thereof for which bond reduction is requested, are satisfactorily completed, the improvements bond may be replaced or supplemented with a maintenance guarantee as set forth in subsection (b), above. (5) A maintenance guarantee shall be released after the expiration period prescribed in subsection (b) and satisfactory completion of the final inspection. Page 222 of 372

223 Article IV, Procedures Division 4, Subdivision Procedures Land Use Code City Of Nashua, New Hampshire Revocation of Recorded Approval A plan may be revoked as provided in RSA 676:4-a Approved Subdivision Exemption, Active and Substantial Development Approved subdivisions shall be protected from future changes in regulations and ordinances in accordance with NH RSA 674:39 as summarized by the following: (a) Approved Subdivision Exemption Every subdivision approved by the Planning Board shall be exempt from all subsequent changes in subdivision regulations and zoning ordinances adopted by the City of Nashua, except those regulations and ordinances which expressly protect public health standards, such as water quality and sewage treatment requirements, for a period of 4 years after the date of certification of the subdivision by the Planning Board; provided, however, that once substantial completion of the improvements as shown on the plans have occurred in compliance with the approved plans, or the terms of said approval or unless otherwise stipulated by the Planning Board, the rights of the owner or the owner's successor in interest shall vest and no subsequent changes in site plan regulations or zoning ordinances shall operate to affect such improvements; and further provided that: (1) Active and substantial development or building has begun on the site by the owner or the owner's successor in interest in accordance with the approved plans within 12 months after the date of approval (certification by the Planning Board), or in accordance with the terms of the approval, and, if a bond or other security to cover the costs of roads, drains, or sewers is required in connection with such approval, such bond or other security is posted with the Town, at the time of commencement of such development; (2) The development remains in full compliance with the public health regulations and ordinances of the City of Nashua; and (3) At the time of approval (certification of the plans by the Planning Board), the subdivision conforms to the subdivision regulations, and zoning ordinances then in effect at the site of such plan. (b) Active and Substantial Development For purposes of these regulations, "active & substantial development" shall be defined as: (1) Construction of and/or installation of basic infrastructure to support the development (including all of the following: at least 1 building foundation wall/footing, roadways, access ways, etc. to a minimum of gravel base; and utilities placed in underground conduit ready for connection to proposed buildings/structures) in accordance with the approved plans; and (2) Construction and completion of drainage improvements to service the development (including all of the following: detention/retention basins, treatment swales, pipes, underdrain, catch basins, etc.) in accordance with the approved plans; and Page 223 of 372

224 Land Use Code City of Nashua, New Hampshire Article IV, Procedures Division 4, Subdivision Procedures (3) All erosion control measures (as specified on the approved plans) must be in place and maintained on the site; and (4) Items 1, 2, and 3 shall be reviewed and approved by the Department of Public Works or designated agent. Movement of earth, excavation, or logging of a site without completion of items 1, 2, 3, & 4, above, shall not be considered "active and substantial development." Plans approved in phases shall be subject to this definition for the phase currently being developed. The Planning Board may, for good cause, extend the 24-month period set forth in (a) 1 above to Reserved Division 5. Site Plan Procedures Purpose: the site plan review provisions and regulations of this Section are intended to promote the safe, functional, and aesthetically pleasing development of property and to ensure that new structures, utilities, streets, parking, circulation systems, yards, and open spaces are developed in conformance with the standards of this Chapter. The site plan review considers the siting of structures and related site improvements to promote harmonious relationships with adjacent development Site Plan Procedures, Generally Purpose: This Section establishes general regulations applicable to all site plans and associated administrative provisions. (a) Applicability (1) This Division applies to any development or change or expansion of use of tracts for nonresidential uses or for multi-family dwelling units containing at least four (4) dwelling units, whether or not such development includes a subdivision or resubdivision of the site. [Reference: RSA 674:43] (2) Detached single-family dwelling units, duplex and triplex developments on individual lots of record are exempt from this Section. (3) Development activities subject to the requirements of this Section may be carried out only in substantial conformance with the approved site plan and any conditions or restrictions to the site plan approval. (4) Any substantial deviation from the approved site plan, unless approved in advance and in writing by the Administrative Officer, is a violation of this Chapter. (5) No certificate of compliance shall be issued if the development activities do not conform to the approved site plan. (b) Initiation The site plan shall be filed with the Administrative Officer and shall include the information required by Article X, Division 2. Page 224 of 372

225 Article IV, Procedures Division 5, Site Plan Procedures Land Use Code City Of Nashua, New Hampshire (c) Decision (1) The Planning Board shall conduct a public hearing before acting on a site plan. (2) If the Planning Board does not approve or disapprove a site plan within sixty-five (65) days after the submission thereof to it, it shall be deemed to have been approved, and the certificate of the city as to the date of submission of the site plan for approval and the failure to take action thereon within such time shall be issued on demand and shall be sufficient in lieu of the written endorsement or other evidence of approval herein required. The applicant may waive this requirement and consent to an extension of such period. The city clerk shall be the officer who shall issue the certificate in case of the failure of the board to approve or disapprove the site plan. (3) The grounds for disapproval of a site plan shall be adequately stated upon the records of the Planning Board. Any proposed site plan disapproved by the Planning Board shall be returned to the applicant with a written statement giving the reason for the disapproval. (4) Site plan approval, approval with modification or disapproval must be decided on an individual case basis. The Planning Board shall not disapprove a proposed site plan for reasons other than those listed or referred to in subsection (f) of this Section (below). Any modifications or reasons for disapproval must be clearly described to the applicant in writing. (5) The Administrative Officer will sign and date the site plan to indicate approval. Approval shall become effective immediately. (d) Approval Criteria In determining the acceptability of a proposed site plan, the board shall take into consideration the effect of the proposed development on health, safety, nuisance, property values, aesthetics, traffic conditions and future highway improvements. The site plan shall conform to each of the following criteria unless a waiver from a particular standard is granted pursuant to : (1) The site plan shall be consistent with the goals, objectives and strategies adopted as part of the city's master plan. (2) The site plan shall comply with all applicable requirements of Articles III and V-X of this Chapter. (3) Unique aesthetic, architectural and visual character of nearby buildings or cluster of buildings shall be maintained, and that the site plan shall be in harmony with such character. (4) The proposed use shall be able coexist with the surrounding uses, and the proposed use shall not have significant impact on the surrounding uses. (5) The proposed use shall not have significant health and safety impacts on surrounding properties or on the general population of the city. (6) The proposed use shall not generate excessive traffic or demands or parking as determined in accordance with Article V, Division 3. If the Planning Board determines that the development contemplated by the proposed site plan would generate substantial traffic into and out of the proposed development, the board may require the owners of the proposed development to make improvements to the street or streets from which access will be gained to the development site. Such improvements may include construction of Page 225 of 372

226 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 1, General additional street width for additional vehicle capacity, turning lanes, median dividers and/or traffic-control signals and signage but shall be limited only to those streets which directly abut the development site or are no more than five hundred (500) feet from a property line of the proposed development. Any pavement widenings shall only be required within an existing right-of-way and/or on land under the control of the developer. In order to reduce the number of driveway access points on major arterial streets, the Planning Board may require the use of common driveways by adjoining properties, unless such requirements would be unduly burdensome or inhibit traffic circulation. (7) That adequate municipal services exist to support the proposed use; (8) The site plan attempts to balance with the allowed use the preservation of sensitive site features as described in (b)(1); (9) The site plan provides a means of handling stormwater runoff that meets the criteria set forth in Article V, Division 8. For sites that are outside of the Water Supply Protection District, the board may waive the requirements for recharge if the applicant demonstrates that meeting the recharge standard is not practicable; (10) That all areas provided for detention, treatment, infiltration, or other handling of stormwater shall be in keeping with the surrounding character of the site. For sites which are outside of the Water Supply Protection District, the board may allow the use of alternate methods of stormwater handling if the applicant demonstrates that such methods would be more in keeping with the intent of this section and with the character of the site; (11) The site plan provides adequate means of handling on-site vehicular ingress and egress movements in relation to traffic movements along the abutting streets; (12) The Site Plan provides adequate means of capturing, containing and treating waste water or excess water used on the site and preventing the discharge of any such water onto any adjacent property, street, water body or waterway. (13) The site plan provides adequate means of handling parking and loading, and number of off-street parking and loading spaces; (14) The site plan provides coordination with future highway improvements including, but not limited to, right-of-way expansion, jug-handles, access roads and service roads, for any street within the city which has been adopted and included as a part of the major street plan (RSA 674:9 674:10); (15) The site plan provides adequate protection from encroachment on adjoining residential land uses; (16) The site plan provides adequate consideration for handling pedestrian circulation, lighting and location of signs; (17) Landscaping shall conform to the requirements of Article V, Division 7; (18) The hours of operation for the proposed development does not create adverse impacts on surrounding neighborhoods. The Planning Board shall review the hours of operation proposed in any site plan, including but not limited to hours during which the site is occupied by employees, hours during which the site is open for business, hours during which deliveries are made to the site, hours during which shipments are made from the site, and the hours during which refuse removal or other services involving truck traffic Page 226 of 372

227 Article IV, Procedures Division 5, Site Plan Procedures Land Use Code City Of Nashua, New Hampshire on the site are performed for any businesses located within the site to ensure that the character of nearby neighborhoods is not adversely impacted. The board may stipulate limitations on such hours if it deems that such stipulation would preserve the character of impacted neighborhoods; (19) The Planning Board, prior to final approval of any plan, may require the posting of a bond or escrow agreement in such amount as is approved by the board as being reasonably necessary to ensure completion of all public improvements required as conditions of approval of such plan, in such form as may be approved by the city solicitor and/or city corporation counsel. (e) Scope of Approval (1) After the site plan is approved, a building permit must be issued by the Administrative Officer or the use must be established within twelve (12) months from the date of site plan approval. Failure to do so within the twelve-month period shall make approval null and void and no building permit shall be issued. This section shall apply to all site plans previously approved by the Planning Board that have yet to expire. The Planning Board may approve a longer period of time where warranted by economic conditions, development phasing, or other unique circumstances. (2) The Administrative Officer shall inspect the site for compliance with the approved site plan before a Building Permit is issued for the project. The Administrative Officer shall write a letter to the applicant stating any deficiencies. (3) The owner of a use or property subject to the site plan will be notified if site plan approval must be suspended. Suspension is caused by: A. violation of any applicable provision of this section, or B. failure to comply with any applicable required conditions. (4) A change in ownership of the property or structures subject to the site plan does not affect its validity. (5) The applicant shall not alter, expand, intensify, extend or increase any use or structure approved pursuant to the site plan unless the site plan is amended pursuant to subsection (h), above. (6) Approval of a site plan is deemed to constitute approval of any minor plan amendment authorized by , unless otherwise expressly provided in the conditions to the site plan approval. (f) Recording Procedures A copy of an approved site plan shall be maintained on file with the Administrative Officer. (g) Amendments A minor amendment shall be processed as an administrative permit pursuant to If it is determined by the planning director that the proposed change is not a minor amendment as defined in , the applicant's amendment shall follow the procedures for site plans prescribed in this section Performance Guarantees In lieu of the completion of street work and utility installations prior to the final approval of a plan, the applicant may provide performance guarantees as set forth in Page 227 of 372

228 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 1, General Waiver of Site Plan Standards Purpose: this section establishes the rules of procedure for the Planning Board for waiver of site plan standards as set forth in Articles IV - VIII, as authorized by RSA 674:44.III.(e). (a) Applicability Pursuant to RSA 674:44 III(e), the Planning Board may waive of any portion of the site plan regulations (Articles IV - VIII). (b) Initiation An application for a waiver may be filed with the application for subdivision or site plan review, along with a statement of the grounds for granting the waiver. The applicant shall submit in writing to the Administrative Officer a letter specifying the section for which a waiver is requested and stating the grounds for the request along with all supportive facts upon which he/she believes a waiver is warranted. The letter shall be transmitted along with the application for approval of a site plan or subdivision plan. (c) Decision The Planning Board shall approve, deny, or approve with conditions, a waiver at the same time as the decision relating to the related application. (d) Approval Criteria The Planning Board shall not approve a waiver unless it finds, based on substantial competent evidence presented at the public hearing, that: (1) strict conformity would pose an unnecessary hardship to the applicant, and (2) the waiver would not be contrary to the spirit and intent of the regulations. (e) Completeness Review, Notice, Amendments, Scope of Approval, and Recording Procedures See procedures applicable to site plan approval Approved Site Plan Exemption, Active and Substantial Development Approved site plans shall be protected from future changes in regulations and ordinances in accordance with NH RSA 674:39 as summarized by the following: (a) Approved Site Plan Exemption Every site plan approved by the Planning Board shall be exempt from all subsequent changes in site plan regulations and zoning ordinances adopted by the City of Nashua, except those regulations and ordinances which expressly protect public health standards, such as water quality and sewage treatment requirements, for a period of 4 years after the date of certification of the site plan by the Planning Board; provided, however, that once substantial completion of the improvements as shown on the plans have occurred in compliance with the approved plans, or the terms of said approval or unless otherwise stipulated by the Planning Board, the rights of the owner or the owner's successor in interest shall vest and no subsequent changes in site plan regulations or zoning ordinances shall operate to affect such improvements; and further provided that: Page 228 of 372

229 Article IV, Procedures Division 5, Site Plan Procedures Land Use Code City Of Nashua, New Hampshire (1) Active and substantial development or building has begun on the site by the owner or the owner's successor in interest in accordance with the approved plans within 12 months after the date of approval, or in accordance with the terms of the approval, and, if a bond or other security to cover the costs of roads, drains, or sewers is required in connection with such approval, such bond or other security is posted with the City at the time of commencement of such development; (2) The development remains in full compliance with the public health regulations and ordinances of the City of Nashua; and (3) At the time of approval, the site plan conforms to the site plan regulations, and zoning ordinances then in effect at the site of such plan. (b) Active and Substantial Development For purposes of these regulations, "active & substantial development" shall be defined as: (1) Construction of and/or installation of basic infrastructure to support the development (including all of the following: foundation walls and footings of proposed buildings; roadways, access ways, parking lots, etc. to a minimum of gravel base; and utilities placed in underground conduit ready for connection to proposed buildings/structures) in accordance with the approved plans; and (2) Construction and completion of drainage improvements to service the development (including all of the following: detention/retention basins, treatment swales, pipes, underdrain, catch basins, etc.) in accordance with the approved plans; and (3) All erosion control measures (as specified on the approved plans) must be in place and maintained on the site; and (4) Items 1, 2, and 3 shall be reviewed and approved by the Department of Public Works or designated agent. Movement of earth, excavation, or logging of a site without completion of items 1, 2, 3, & 4, above, shall not be considered "active and substantial development." Plans approved in phases shall be subject to this definition for the phase currently being developed. The Planning Board may, for good cause, extend the 12- month period set forth in (a) (1) above to Reserved Page 229 of 372

230 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 1, General Division 6. Other Review Processes Purpose: this Division provides procedures or cross-references for review processes that may apply to any Application for Development Approval. Because these processes may affect both zoning and subdivision/site plan approval, they are classified separately Wetlands application The Conservation Commission reviews and submits a recommendation on Wetlands applications before final action is taken by the Zoning Board of Adjustment. See Article III, Division Certificate of Approval-Historic District Commission See to Reserved Division 7. Appeals, Variances & Waivers Purpose: This section establishes procedures and time limits for challenging decisions Appeals from Zoning Ordinances See Variances from Zoning Ordinances See Planning Board Waivers See to Reserved Division 8. Enforcement Procedures Generally This Chapter shall be enforced as provide in RSA Chapter 676. For purposes of this Division, the Administrative Officer is hereby granted authority to enforce the provisions of this Chapter in addition to any other official, agency or board enumerated in RSA Chapter Zoning Violations See RSA 676:11-676:13 and RSA 676:15-676: Subdivision and Site Plan Violations In addition to the authority cited in , see RSA 676:16 and 676:18. Page 230 of 372

231 Article V, Development Standards Division 1, General Land Use Code City Of Nashua, New Hampshire to Reserved Article V. Development Standards for Site and Subdivision Plans Purpose: This Article V consolidates the regulations applicable to most subdivision plans and site plans. (The remaining Articles, VI XVI, either contain material relating to unique situations, such as floodplain management, materials highlighted for ease of reference, or materials that may apply to permitting situations in addition to subdivision plans or site plans.) Division 1. General Applicability (a) This Article applies to any application for subdivision plan or site plan approval. (b) A waiver or appeal from the requirements of this Article may be filed with the Planning Board pursuant to Reserved Official Map (a) Applicability Pursuant to RSA 674:10: through 674:11: (1) The plan identified as Major Street Plan, Amherst Street, dated Nov. 20, 1972, over the signatures of the chairman of the Planning Board, city engineer and Administrative Officer, the following plans are officially adopted by the city as a part of the major street plan and are established as the official map of that portion of the city described thereon: (2) Rural Road Improvements--Spit Brook Road, East Dunstable Road, Lamb Road, Middle Dunstable Road, Searles Road, New Searles Road; dated May 12, 1972, by Hamilton Engineering Associates. (b) Subdivision Plans Subdivision plans shall be approved and endorsed by the Planning Board as provided in RSA 674:10. (c) Building Permits (1) For the purpose of preserving the integrity of the official map of the city, no permit shall be issued for any building or structure or part thereof, in the bed of or on any land located between the mapped lines of any streets as shown or laid out on the map except as provided in this section. Page 231 of 372

232 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 1, General (2) Whenever denial of a permit would entail practical difficulty or unnecessary hardship, and where the circumstances of the case do not require the building, structure or part thereof to be related to existing or proposed streets, the applicant for a permit may appeal from the decision of the Administrative Officer having charge of the issuance of permits to the Zoning Board of Adjustment. In passing on such appeal, the Zoning Board of Adjustment may make any reasonable exception and shall have the power to authorize or issue a permit, subject to such conditions as it may impose, where the issuance of the permit would not tend to distort the official map or increase the difficulty in carrying out the master plan upon which it is based. Pursuant to RSA 674:13, the Zoning Board of Adjustment, by vote of a majority of its members, may upon an appeal filed with it by the owner of any such land, grant a permit, based on considerations of justice and equity, for a building or structure or part thereof, in such mapped-street location, when, based upon the evidence and arguments presented to it on appeal, the board finds that the property of the appellant of which such mapped-street location forms a part will not yield a reasonable return to the owner unless a permit is granted, or that balancing the interest of the city in preserving the integrity of the official map and in not increasing too greatly the cost of later opening such street, and the interest of the owner in the use and benefits of his property, the grant of a permit is required by considerations of justice and equity. The board shall refuse a permit where the applicant will not be substantially damaged by placing his building outside the designated mapped-street location. (3) If the board decides to authorize or issue a building permit, it shall have the power to specify the exact location, ground area to be used or occupied, height and other reasonable details and conditions of extent and character, and also the duration of the building, or part thereof, permitted. Such requirements shall be designed to promote the health, convenience, safety or general welfare of and shall inure to the benefit of the city. (4) Before taking any action authorized by this section, the board shall hold a public hearing at which parties in interest and others shall have the opportunity to be heard. At least ten (10) days' notice of the time and place of hearing shall be published in a newspaper of general circulation in the city, and by posting a notice to the same effect at the city hall. (5) Upon refusal of approval of a site plan by the Planning Board, or upon refusal of a building permit on appeal to the Zoning Board of Adjustment, because approval of a building permit would tend to distort the official map or increase the difficulty of carrying out the master plan upon which it is based, the matter shall be referred to the mayor and Board of Aldermen for action. The ninety-day period for action by the mayor and Board of Aldermen specified in (e) does not apply to any proposed development affected by this section. (d) Amendments to official map The official map may be amended as provided in RSA 674: Bonds (a) Generally The Planning Board, prior to final approval of any plan, may require the posting of a bond or escrow agreement in such amount as is approved by the board as being reasonably necessary to ensure completion of all improvements required as conditions of approval of such plan, in such form as may be approved by the city attorney. (b) Subdivision and Site Plan Approval See Page 232 of 372

233 Article V, Development Standards Division 2, Site Design Land Use Code City Of Nashua, New Hampshire Standard Specifications All construction shall meet the requirements as set forth in the Board of Public Works Specifications, to the extent not inconsistent with this Chapter, which document is hereby incorporated by reference as if set forth in their entirety herein. Copies of the document are on file in the office of the city clerk. To the extent that there is any inconsistency between these specifications and the provisions of this Chapter, the provisions of this Chapter shall govern to Reserved Division 2. Site Design Applicability This division applies to the creation of new lots in subdivision plans, the development of lots subject to site plan or building permit approval, and the expansion or change in use of buildings or structures on existing lots Lot Layout and Configuration (a) The arrangement of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. (b) Land of such character that it cannot be safely used for building purposes because of exceptional danger to health or peril from fire, flood or other menace shall not be platted for an occupancy or use which may increase danger to health, life or property until appropriate measures to eliminate the hazards have been taken by the owner or his agent. (c) Lot sizes and dimensions shall conform to the requirements of Article III (zoning). Lot sizes shall be adequate to provide off-street parking and loading facilities required by the zoning ordinances. (d) Where land is subdivided into lots of an acre or more, the board may require an arrangement of lots and streets which will permit a later resubdivision in conformity with the requirements of these regulations. (e) Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the city under conditions approved by the Planning Board. (f) The Planning Board may prohibit lot configurations other than a standard square, rectangular or trapezoidal design for lots that are less than 110% of the minimum lot size required by In considering whether to approve a configuration other than those designated in this section, the Planning Board shall consider whether the alternative configuration provides useable and functional open space and yards. Nothing in this section authorizes the Planning Board to approve lots that are less than the required minimum lot size Blocks See , Table and explanatory notes. Page 233 of 372

234 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 2, Site Design Frontage (a) Frontage on Public Streets The subdividing of land shall provide, by means of a public street or a street shown on a subdivision plan approved by the Planning Board, satisfactory access for each lot to an existing public street. (b) Double or Reverse Frontage Double frontage and reverse frontage lots are not permitted except where essential to provide separation or residential development from major traffic arteries or to overcome specific disadvantages of topography and orientation. (c) Frontage on Private Streets or Parking Areas (1) Frontage on a public street is not required in the following situations, provided that the site plan or subdivision plan conforms to the criteria established in subsections (2) through (4) below: A. Parcels within commercial or industrial zoning districts. Access shall be internalized using the shared circulation system of the principal use or structures (such as a shopping center). B. Multi-family dwellings. (2) The parent parcel shall comply with the minimum dimensional requirements of The parent parcel may be subdivided with individual buildings or structures internal to the parent parcel having smaller setbacks that those required by 16-27, Table 27-3 and frontage abutting a private street, if: A. the required setbacks from the boundaries of the parent parcel are complied with; and 4' Side setback (interior lot) 18' Side Setback (grouping) Interior Lot Parent Parcel B. the entire front lot line abuts a private street or an easement that complies with the standards of subsections (3) and (4), below. Private frontage for interior lots For purposes of this subsection, the parent parcel means the original lot or parcel from which smaller lots or parcels are subdivided. (3) An easement providing direct, unobstructed access to a public street shall be recorded and submitted with the site plan or subdivision plan approval. Page 234 of 372

235 Article V, Development Standards Division 2, Site Design Land Use Code City Of Nashua, New Hampshire (4) In order to provide access for vehicles, utilities and emergency vehicles, the easement described in subsection (3) provides shall have a minimum width equal to the required driveway or aisle surface (see , Table 583-1) Utility or Conservation Lots (a) Subdivision of land for location of utilities (i.e., water towers, telephone, telecommunications, electric, sewer, etc.) and not used for human occupancy are exempt from this Division. Any lot created for utility use shall either have permanent access to, or usable frontage on, a city street. (b) The Planning Board may approve, solely for conservation purposes, lots with no frontage on either a public or private street. A conservation restriction shall be recorded that prevents further development or subdivision of such lots. (c) Any installation of structures on land subdivided under this section shall require site plan approval by the Planning Board. The site plan shall require adequate landscaping to lessen the visual impact of such structures on surrounding uses. The Planning Board shall also review and approve or approve with modifications, elevation designs for such structures to insure reasonable compatibility with surrounding land uses to Reserved Division 3. Adequate Public Facilities Purpose: This division is adopted pursuant to RSA 674:21 (Innovative Land Use Controls) as a timing incentive and phased development. The purpose and intent of this Chapter is: To ensure that Public Facilities needed to support new development meet or exceed the Level of Service standards established herein. To avoid premature subdivision or site plan approval. To provide a reasonable and realistic framework for the preparation of a Capital Improvements Program needed to accommodate the City s anticipated growth and development. To avoid reduction in the levels of service for any Public Facilities below the Adopted Level of Service established in this Division. To ensure that adequate Public Facilities needed to support new development are available concurrent with the impacts of such development, as defined in this Chapter. To establish uniform procedures for the review of development Applications subject to the standards and requirements of this Division. To provide standards and predicable criteria for use by applicants for subdivision and site plan approval. To facilitate implementation of goals and policies set forth in the Nashua Master Plan, any master plans for the provision of Public Facilities and services, and the Capital Improvements Program. To ensure that all applicable legal standards and criteria are properly incorporated in these procedures and requirements. In adopting this Chapter, the City hereby finds and determines as follows: The Public Facilities subject to this Chapter are necessary for the general public health, safety, and welfare. Page 235 of 372

236 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 4, Building Design New growth and development within the City has impacts on the availability and Capacity of the Public Facilities subject to this Chapter, and those impacts can be mitigated by the timing and sequencing of development as provided herein. The City has prepared and adopted a Capital Improvements Program (CIP) in order to provide the Public Facilities needed to accommodate reasonably anticipated growth and development. The CIP will be updated from time to time to reflect changes in the City s growth rate, available financial resources, and other relevant factors. The Level of Service (LOS) standards adopted for each Public Facility in this Chapter are necessary for the protection of the public health, safety and welfare, and will not unduly inhibit new growth and development within the City of Nashua. This section implements the following Master Plan policies: Minimize the traffic congestion and conflicts that often accompany commercial development by careful attention to traffic issues and cross access easements in the site plan review process Applicability This Division applies to any application for subdivision or site plan approval. No Application subject to this Chapter shall be accepted, approved, granted or issued unless it provides sufficient information to determine whether the capacity of Public Facilities is adequate to support the Proposed Development, as set forth in this Division. This Division shall not apply to any use, development, project, structure, fence, sign or activity that does not create a demand for streets Procedures for the Processing of Applications (a) Completeness Review Applications subject to shall include an analysis of whether public facilities and services are adequate, as defined in The Administrative Officer shall determine whether the Application is complete in accordance with the requirements of (b) Decision The Planning Board shall not approve a site plan or subdivision plan unless it determines that (1) adequate public facilities and services are available at the Adopted Level of Service; or (2) improved public facilities and services are proposed as a part of the application that are adequate to meet the Adopted Level of Service for the entire proposed development. (c) Advancement of Capacity (1) In order to avoid undue hardship, the Applicant may propose to construct or to secure funding for the Public Facilities necessary to provide capacity to accommodate the Proposed Development at the Adopted Level of Service and at the time that the impact of the development will occur as an alternative to the deferral of Development or Building Permits. (2) No advancement of Capacity for Public Facilities needed to avoid a deterioration in the adopted levels of service shall be accepted by the Planning Board unless appropriate conditions are included to ensure that the Applicant will obtain any necessary approvals for construction of the Public Facilities from any agency with jurisdiction thereof prior to or concurrent with the issuance of a final Subdivision plan or other subsequent development permit, or a building permit. Page 236 of 372

237 Article V, Development Standards Division 4, Building Design Land Use Code City Of Nashua, New Hampshire (3) The commitment to construction of Public Facilities prior to the issuance of a building permit pursuant to subsection (1), above, shall be included as a condition of the determination and shall contain, at a minimum, the following: A. An estimate of the total financial resources needed to construct the proposed Public Facilities or expansion thereof, and a description of the incremental cost associated therewith. B. A schedule for commencement and completion of construction of the Planned Improvement with specific target dates for multi-phase or large-scale Improvement projects. C. A statement that the Planned Improvement is consistent with the Master Plan. (4) The construction or funding of only a portion of a Public Facility needed to meet the Adopted Level of Service shall be approved by the Planning Board only where: A. The Public Facility will be able to provide the capacity need to meet the Adopted Level of Service, and will be fully useable and operational, due to the characteristics of the facility; or B. the construction or funding of the balance of the Public Facility that is needed to meet the Adopted Level of Service is identified in the Capital Improvements Program to be funded from public revenues, or will be accomplished from other guaranteed sources Methodology & Criteria for Determining Availability & Adequacy of Public Facilities The Planning Board shall determine the adequacy of available public facilities and services based on standards provided in the Master Plan, Capital Improvements Program or prevailing industry guidelines to Reserved Division 4. Building Design Purpose: The purpose of the Building Design Standards is to: Provide for high quality architecture which respects universal design principles, enhances the appearance of Nashua, reinforces pedestrian character where appropriate, and is sensitive to neighboring buildings, the broader setting, and natural and cultural resources. Protect and enhance the positive visual qualities of Nashua s downtown, residential neighborhoods, commercial corridors, industrial parks, and scenic and rural landscapes Encourage design that is compatible with the traditional character of Nashua and New England. Enhance property values and foster civic pride. Page 237 of 372

238 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 4, Building Design Minimize potential aesthetic conflicts between residential and nonresidential uses and between single family and multifamily uses. The Planning Board finds and determines that many national and regional chain businesses seek to build a standard design across the country or region without regard to local conditions. However, the Planning Board will evaluate all proposed designs for their compatibility with the unique community character of Nashua and for conformance with the goals of these regulations. This section requires applicants to develop designs that are compatible with our community character; the City need not make adjustments to accommodate these template designs. This Article is adopted pursuant to the City of Nashua Land Use Plan and New Hampshire Revised Statutes Annotated sections 674:21 (Innovative Land Use Controls) and 674:44 (Site Plan Review Regulations). This section implements the following Master Plan recommendations: Enhance existing commercial areas with improved landscaping, aesthetics, signage, nighttime light pollution, architectural design, traffic flow and coordination with abutting land uses whenever the opportunity presents itself Applicability (a) This Article applies to any application for Site Plan review that meets the elements prescribed in subsections (b) and (c), below, or as further limited in the particular sections of this Article. (b) This Article applies to new construction, building additions, and alterations to buildings if those alterations would affect the exterior appearance of the building visible from a public street or right-of-way, or from neighboring residential properties. (c) This Article does not apply to: (1) single family, two-family or three-family dwellings; or (2) Routine repair or maintenance of structures; or (3) Any work on the interior of a building; or (4) Any existing structures for which no exterior alterations are proposed; or (5) Modifications solely for the purpose of providing safe means of egress or access in order to meet requirements of the building code. (6) Minor Site Plan Amendments (see ). (d) A waiver or appeal from the requirements of this Section may be filed with the Planning Board pursuant to Multi-Family Dwelling Units (a) Applicability This section applies to any application for site plan approval for a multi-family building that includes at least four (4) dwelling units. Page 238 of 372

239 Article V, Development Standards Division 4, Building Design Land Use Code City Of Nashua, New Hampshire (b) Submittal Requirements The applicant shall submit the external elevations depicting architectural design of the proposed development to ensure that it complies with the goals of harmonious existence with the neighborhood and the environment. Application materials shall be supplemented by photographs, material samples, color charts, sketches, models, or other materials that will assist the Board in gaining a visual understanding of the application. (c) Standards Materials, colors, and building facades shall be compatible with the character of the neighborhood Non-Residential Buildings (a) Applicability (1) This section applies to any non-residential building. (2) This section applies to all building facades and exterior walls that are visible from adjoining public streets or properties. These standards are intended to reduce the massive scale of large buildings which, without application of these standards, would be incompatible with the City s desired character. These standards are also intended to ensure that buildings incorporate architectural features and patterns that provide visual interest at the pedestrian scale, reduce massive aesthetic effects, and reflect the local character. (b) Facades (1) Facades exceeding 150 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3 percent of the length of the facade and extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 150 horizontal feet. (2) Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings, or other such features along no less than 50 percent of their horizontal length. (c) Roofing The following standards are intended to foster variations in roof lines to add interest to, and reduce the massive scale of large buildings, and to ensure that roof features complement the character of adjoining development. Roofs shall have feature (1) below and one other of the following features: (1) Parapets concealing flat roofs and rooftop equipment, such as HVAC units from public view. The average height of such parapets shall not exceed 15 percent of the height of the supporting wall and such parapets shall not exceed, at any point, one-third of the height of the supporting wall. Such parapets shall feature three dimensional cornice treatment and shall not be of a constant height for a distance of greater than 150 feet. (2) Overhanging eaves, extending no less than 3 feet past the supporting walls, for no less than 30 percent of the building perimeter. (3) Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to 1 foot of vertical rise for every 3 feet of horizontal run and less than or equal to 1 foot of vertical rise for every 1 foot of horizontal run. Page 239 of 372

240 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 4, Building Design (4) Three or more roof slope planes. (d) Materials and Colors Applicants shall comply with the following standards in order to respect the historic design vernacular of the City: (1) The following elements shall be integral parts of the building fabric, and not superficially applied: trim, graphics, paint, color changes, material changes, texture changes and relief features (such as offsets, projections and reveals). (2) Exterior building materials shall include, without limitation: (i) brick; (ii) wood; (iii) sandstone; (iv) concrete block or split-faced block except as provided in subsection (4), below; (v) other stone masonry native to the State of New Hampshire, or (vi) other materials of similar appearance and durability as determined by the Planning Board. (3) Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of metallic, black or fluorescent colors is prohibited. Building trim and accent areas may feature brighter colors, including primary colors. (4) Predominant exterior building materials shall not include the following: (i) smooth-faced concrete block; (ii) smooth-faced tilt-up concrete panels; or (iii) pre-fabricated steel panels. (5) Industrial park areas may use fabricated metal wall panels and undressed concrete or cinder block as well as reflective glass. (e) Entryways Buildings shall include multiple entrances because they reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where certain entrances offer access to individual stores, or identified departments of a retail establishment. Multiple entrances also mitigate the effect of the unbroken walls and neglected areas that often characterize building facades that face bordering land uses. (1) All sides of a principal building that directly face an abutting public street shall feature at least one customer entrance, except where pedestrian access is not practical. Where a principal building directly faces more than two abutting public streets, this recommendation would apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a second street. (2) Applicants are encouraged to provide entryway design elements and variations which provide orientation and aesthetically pleasing character to the building. The following standards identify desirable entryway design features. Each principal building on a site shall have clearly defined, highly visible customer entrances featuring not less than three of the following. (i) canopies or porticos; (ii) roof overhangs; (iii) recesses/projections; (iv) arcades; (v) raised corniced parapets over the door; (vi) peaked roof forms; (vii) arches; (viii) outdoor patios; (ix) display windows; (x) architectural details such as tile work and moldings which are integrated into the building structure and design; or (xi) integral planters or wing walls that incorporate landscaped areas and/or places for sitting. Page 240 of 372

241 Article V, Development Standards Division 4, Building Design Land Use Code City Of Nashua, New Hampshire (f) Mechanical Appurtenances Mechanical appurtenances shall be located within the structure, except as provided herein. External mechanical appurtenances such as heating and air conditioning equipment may be located on the exterior portion of the structure, but shall be screened and finished to match the colors of adjacent building materials. Mechanical appurtenances shall include any necessary sound buffer and/or noise attenuation equipment sufficient to reduce sound levels to 50 decibels during the daytime hours (7:00 a.m. 8:00 p.m.) and 45 decibels during the nighttime hours (8:00 p.m. 7:00 a.m.) along any lot line abutting a residential zoning district to Reserved Division 5. Conservation Regulations Purpose: This Article establishes standards and regulations governing environmental constraints. See also Article III, Division 6 (Floodplain Management). This Division is designed to minimize the negative effects of grading steep slopes and to encourage applicants to avoid erosion, sedimentation, or other impacts resulting from development in significant natural areas. In addition, this Division implements the following requirements of the Conservation Element of the Master Plan: Provides for the protection of existing vegetation (especially large trees) in development sites in the Site Plan and Subdivision regulations (Conservation Element). Clear cutting or near clear cutting of vegetation should be prohibited (Conservation Element) Applicability (a) This Article applies to subdivision plans or site plans, as more particularly described in each section or Division of this Article. (b) A waiver or appeal from the requirements of this Article may be filed with the Planning Board pursuant to Sensitive Site Features (a) (b) Applicability This section applies to all applications for subdivision and site plan approval except applications within the D-1/MU and D-3 Downtown Zoning Districts. Application submittal requirements (1) An application subject to this section shall include the location and extent of any knolls, ravines, unique views or slopes exceeding fifteen percent (15%), stone walls, rock outcroppings, woodlands or stands of trees, cluster of vegetation, trees exceeding ten (10) inches Diameter at Breast Height, endangered species or fauna, highly erodible soils, or similar significant natural or historic features. Page 241 of 372

242 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 5, Conservation Regulations (2) Applicants shall consider impacts to sensitive site features. For purposes of this subsection, impacts may include erosion, sedimentation, water quality, or stormwater runoff. (c) Incentives (1) As an incentive to encourage the protection of sensitive site features, the Planning Board may grant a full or partial waiver from the minimum lot size requirements and dimensional requirements of 16-27, so long as the proposed development does not exceed the maximum density required for the applicable zoning district. (2) Sensitive site features may be included as part of the parks, open space, landscaping or buffers required for subdivision or site plan approval where permitted by Article V, Division Conservation Area and Common Open Space Monumentation (a) Applicability This section applies to any development subject to an application for subdivision or site plan approval. (b) Requirements (1) Any conservation area or common open space established pursuant to the regulations for a Conservation Subdivision ( 16-72), a Planned Residential Development ( 16-39), or a buffer established pursuant to Article III, Division 10 (Wetlands) shall be indicated by a permanent, free-standing marker at the edge of the conservation area or common open space. This requirement applies to each lot of record to be created by any subdivision plan. (2) The marker height shall be at least three feet above the ground. It shall indicate that it marks the edge of a conservation area, common open space or wetland buffer and shall contain the following language: Conservation Area: Restrictions Apply. The marker shall be composed of a post with a metal plaque. The post shall be constructed of composite treated wood, granite, recycled plastic, pressure treated posts that do not contain arsenic. The plaques may purchased from the Planning Department. (3) If markers have been located on an approved subdivision or site plan, they should be located according to the plan, unless site conditions warrant an exception to Reserved Page 242 of 372

243 Article V, Development Standards Division 6, Grading and Removal of Soil Land Use Code City Of Nashua, New Hampshire Division 6. Grading and Removal of Soil Purpose: This division regulates soil removal incidental to construction. It is distinguishable from Article VI, which regulates extractive industries Applicability (a) Loam, clay, sod, sand and gravel may not be taken from land except after application and issuance of a permit from the Administrative Officer after consultation with the city engineer. The application shall be processed as an administrative permit pursuant to Article IV, Division 2. (b) Any area being excavated for buildings, farm ponds, manmade lakes, land contouring, swimming pools, streets and driveways does not require a permit for the removal of loam. (c) Activities referenced in subsection (a) and authorized by another permit required by the City or state, including but not limited to site specific approval for significant alteration of terrain under RSA 485-A:17 and New Hampshire Code of Administrative Rules part Env-Ws 415. (d) Any person violating any provision of this article shall, for each violation, upon conviction thereof, be subject to punishment as provided in NRO Excavation Standards Applicants shall comply with RSA 155:E Grading Standards Grading activities shall comply with NRO 6-1 and the Building Code Erosion Control See (Stormwater Management Standards) to Reserved Page 243 of 372

244 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 7, Landscaping Division 7. Landscaping This Article implements the following Master Plan policies: Review the commercial site landscaping provisions of the zoning ordinance and update if deemed necessary. Special emphasis should be placed on ensuring adequate buffers between non-compatible land uses. Enhance existing commercial areas with improved landscaping, aesthetics, signage, nighttime light pollution, architectural design, traffic flow and coordination with abutting land uses whenever the opportunity presents itself. Ensure adequate buffers between all commercial development and abutting non-commercial land uses. Harmonize industrial expansion or revitalization with surrounding land uses. Enhance the visual quality of new and existing industrial areas through improved building design, landscaping, signage and control of nighttime light pollution. Encourage attractive, landscaped, and sensitively sited industrial development that is compatible with surrounding land uses. The landscaping section of the Zoning Ordinance should be re-assessed to see if it can be strengthened to provide more attractive and well-designed residential, commercial and industrial development Applicability (a) Generally This Article applies to any application for subdivision, or site plan, except as provided below. (b) Planning Board Discretionary Powers The Planning Board may waive any requirement of this Article when existing vegetation, topography or other features already ensure proper landscape treatment. The Planning Board may require the applicant to offset a waiver in the amount and type of landscaping on one part of a site with additional landscaping on another part of the site Screening and Buffers Purpose: These screening and buffer requirements are intended to mitigate the impacts of light, noise, odor, vibration, and visual blight from nonresidential development in nonresidential districts on adjacent residential districts. These requirements are intended to preserve, protect, and restore the quality of life and property values for residential neighborhoods that share a boundary with a nonresidential district. The requirements of this section shall be incumbent upon both residential and nonresidential uses on both sides of the boundary between residential and nonresidential districts. All buffers shall be provided on the premises within the nonresidential district immediately adjacent to a residential district boundary (a) Applicability (1) Screening and buffers are required for: A. any lot in any industrial or commercial district that abuts a residential district; or B. any use allowed in any industrial or commercial district that abuts a residential district. (2) Structures, pavement, utility construction, signage and similar hardscape improvements shall not be permitted to encroach on any buffer unless specifically permitted by the Planning Board. Page 244 of 372

245 Article V, Development Standards Division 7, Landscaping Land Use Code City Of Nashua, New Hampshire (b) Buffer Landscape and Improvement Standards. (1) Required Buffers The buffer is intended to be landscaped and improved in order to provide effective visual screening on a year-round basis for uses in residential districts at a boundary with a nonresidential district. Buffers shall employ existing vegetation, or nursery stock, or both, as well as fences, walls, earth berms, or grade changes, in accordance with these standards. These standards are intended to create a dense or opaque screen for the first six (6) feet above the ground elevation of the residential district immediately adjacent to the district boundary, and a semi-opaque screen from the sixth (6) to thirtieth (30) foot above that ground elevation. Table describes the type of buffer required for abutting zoning districts: Table Zoning District of Applicant* Required Buffer Yards ADJOINING ZONING DISTRICTS R-40 R-30 R-18 R-9 R-A R-B R-C LB GB D HB PI GI CI R-40 N/A N/A N/A N/A N/A N/A N/A B D E E E E E R-30 N/A N/A N/A N/A N/A N/A N/A B D E E E E E R-18 N/A N/A N/A N/A N/A N/A N/A B D E E E E E R-9 N/A N/A N/A N/A N/A N/A N/A B D E E E E E R-A N/A N/A N/A N/A N/A N/A N/A B D D E E E E R-B N/A N/A N/A N/A N/A N/A N/A A D D D D E D R-C N/A N/A N/A N/A N/A N/A N/A A D C D C E C LB B B B B B A A N/A D B D D E D GB D D D D D D D D N/A C C C E E D E E E E D D C B C N/A C C E C HB E E E E E D D D C C N/A C E D PI E E E E E D C D C C C N/A E D GI E E E E E E E E E E E E N/A E CI E E E E E D C D D D D D E N/A * this includes any application for subdivision, site plan or building permit approval. (2) Buffer Types There are six (6) types of buffer yards. Table shows the minimum width and number of plantings trees and/or shrubs required for each one hundred (100) lineal feet for each buffer yard. The Applicant may either plant new trees or plants, or preserve existing trees or plants, within the required buffer that meet the requirements of this subsection. Page 245 of 372

246 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 7, Landscaping Table Minimum Plant Materials Required for each Buffer Yard Type Buffer Type Minimum Width (Feet) Trees Shrubs Fence (F), Berm (B), or Wall (W) (Optional) Large Medium/small A B F or W C F, W or B D F, W or B E F, W or B N 1 20% reduction Any combination of trees or shrubs is acceptable where the proposed plantings provide equivalent benefits to the normally required plantings, as determined by the Planning Board. Note 1: N means an area of natural vegetation or plant substitutes. (3) Size and Type of Plant Materials Plant materials shall comply with (Landscape Design) and this subsection. A. Trees The mixture of evergreen and deciduous trees shall be such that no more than sixty (60) percent of the trees are deciduous and no less than forty (40) percent of the trees are evergreens. At the time of planting, deciduous trees shall have a trunk caliper of two and one-half (2 1/2) inches when measured six (6) inches above grade, and evergreen trees shall be at least six (6) feet in height. B. Shrubs The mixture of evergreen and deciduous shrubs shall be such that no more than forty (40) percent of the shrubs are deciduous and no less than sixty (60) percent of the shrubs are evergreens, Shrubs shall be at least two 2 feet in height at the time of planting, and all shrubs shall be of a species that will attain a mature height of at least six (6) feet and width of at least four (4) feet within five (5) years of the time of planting. Shrubs shall be planted such that a dense visual screen will be established by the mature shrubs. (4) Fences and Walls The required fence or wall shall be solid or opaque, at least six (6) feet in height, and shall be installed parallel to, and for the entire length of the district boundary. Where a buffer containing a fence has been established on one side of a residential district boundary, a fence may not be used to fulfill this requirement on the side of the district boundary which is directly opposite such a fence or wall. (5) Earth Berms A. Earth Berms shall be installed with the highest point being at least two (2) feet above existing grade. B. Side slopes of the earth berm shall not exceed a grade steeper than three (3) feet horizontally for each one (1) foot of vertical change. Retaining walls may be used to truncate the side slopes. C. Earth berms shall be seeded with grass or wild flower seed mix. Page 246 of 372

247 Article V, Development Standards Division 7, Landscaping Land Use Code City Of Nashua, New Hampshire D. For buffers with berms that are at least six (6) feet above grade, no shrub plantings are required. E. For buffers with berms that are less than six (6) feet above grade, shrubs shall be provided in accordance with the requirements of subsection (b)(2). The required height of the shrubs may be reduced such that the height of the berm plus the height of the shrubs is equal to six (6) feet, provided that no shrub may be less than one and one-half (1½ ) feet in height. F. In the event that buffers on both sides of a district boundary are developed simultaneously, an earth berm may be positioned in part or in whole over the district boundary. (6) Change in Grade If there is a change in grade of at least four (4) feet above existing grade on the other side of the district boundary, and the change in grade occurs within the required width of the buffer, then shrubs shall be provided in accordance with the requirements of subsection (b)(2) of this section. The required height of the shrubs may be reduced such that the height of the berm plus the height of the shrubs is equal to six (6) feet, provided that no shrub may be less than one and one-half (1½) feet in height. For a change in grade that is at least six (6) feet above grade within the required width of the buffer, no shrubs are required. (c) Buffers for District Boundaries in Collector or Local Streets Where a boundary between a non-residential district and a residential district is located within or along the edge of a right-of-way of a collector or local street, a nonresidential use in the nonresidential district that fronts on such a street shall incorporate a minimum fifteen (15) foot wide buffer in the front yard along the front lot line adjacent to the edge of the right-of-way. This buffer may vary between ten (10) to twenty (20) feet in width, provided that an average width of fifteen (15) feet is maintained along the entire front lot line.. The buffer shall include at least two (2) large trees, two (2) medium or small trees, and twenty (20) shrubs for each 100 lineal feet. (d) Buffer Use Restrictions Buildings, impervious surfaces, and parking, as well as the storage and display of vehicles, goods, and materials, are prohibited within the buffers required pursuant to this section. (e) Screening and Orientation of Mechanical Equipment All appurtenant mechanical equipment including heating, ventilating, and air conditioning equipment, as well as exhaust fans and vents, shall be visually screened from adjacent residential districts and the public right-of-way. Noise and odors emanating from the equipment, fans, and vents shall be directed away from residential district boundaries by means of location of the equipment on the building or through the installation of baffles or deflectors. (f) Implementation of the Buffer Requirements Where lots abutting a residential district boundary have been previously developed, the standards and requirements of this section shall be implemented at such time as a change in use classification occurs, or an existing use is expanded or intensified in such a manner that there is an increase in the parking demand based on the current parking standards contained within this Chapter. (g) Conditional Use Permits Required for Buffers The Planning Board may grant a waiver pursuant to of this Chapter, for alternative buffer arrangements where certain specific requirements of this section cannot be met, as follows: Page 247 of 372

248 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 7, Landscaping (1) Where the location of existing buildings precludes compliance with the buffer width and yard setback standards, the Planning Board may allow a buffer that provides the maximum separation and screening possible given the location of such buildings. In granting a conditional use permit, the Board may require the buffer to be wider where not obstructed by buildings, or require additional fencing or walls, or require additional or larger landscape materials; and (2) Where the land for a required buffer is encumbered by an easement, covenant, or other recorded legal instrument that prohibits or disallows thereon the planting and maintaining of trees and shrubs, or limits tree growth to less than twenty (20) feet in height, such land shall not be deemed to fulfill the requirements of this section. The Planning Board may grant a conditional use permit that will allow an alternate buffer location which will provide the maximum screening possible taking in to consideration any use of the easement that is incompatible with the intent of this section. In granting a conditional use permit, the Board may require additional fencing or walls, or require additional or larger landscape materials Screening of Service or Storage Areas This section applies to refuse storage areas, storage areas, service entrances, service yards, stockpiled materials, garbage receptacles, fuel tanks, electric and gas meters utility or service equipment, and other materials and objects used for service, utilities or storage and situated on any non-residential or multifamily residential site. These items shall be located: (1) so as not to be visible from abutting properties; and (2) so as not to be visible from public streets (except alleys), or placed in a location abutting an alley. Where such positioning is not possible, those items shall be screened from view at the right-of-way line or the property line of any abutting residential zoning district. Screening may include landscape plantings, fencing or enclosures of a height at least as tall as the item or items to be screened Additional Screening Requirements For Industrial And Business Uses This section applies to screening requirements for industrial and business uses abutting residential land uses, community facilities or along public streets. The Planning Board may require a fence of at least six (6) feet in height.in the following situations: (1) Where an industrial or business use is proposed adjoining property housing an existing nonconforming dwelling unit, unless the Planning Board finds that the dwelling unit is unlikely to be converted to industrial or business use. (2) Where a residentially zoned property is proposed to be developed for an industrial or business use, and it adjoins residentially zoned properties. (3) Where an industrial or business use adjoins a community facility such as a school, playground or park or a historic site Surface Parking Lots (a) Applicability This section applies to any parking areas that include more than five (5) spaces. Page 248 of 372

249 Article V, Development Standards Division 7, Landscaping Land Use Code City Of Nashua, New Hampshire (b) Generally (1) Parking medians, islands, and strips shall be curbed for proper traffic control and safety. (2) Corner clearance and sightlines shall be observed regarding all landscaping or buffers/screens. (3) All trees and other vegetation within parking lot landscaped areas are subject to the protection during construction ( ) and maintenance ( ) requirements of this Article. (4) Landscaped areas may be included within any parks or open space required by this Chapter. (c) Perimeter Landscaping (1) A minimum five-foot buffer strip abutting a public right-of-way shall be landscaped. This requirement does not apply to areas within required driveway or other access points. (2) In all zoning districts landscaping shall be required along all sides of a parking lot or paved drive that abuts adjoining property or a public right-of-way. (3) The perimeter landscape buffer along a street shall consist of planting materials or planting materials and man-made features to create at a minimum three (3) foot high visual relief screen in the form of a hedge, fence, planter box, berm, dividers, shrubbery or trees, or a combination thereof. All landscaping to form such visual relief shall create a two-foot-tall minimum screen at planting. (d) Interior Landscaping (1) Median or Islands Required Parking aisles shall not contain more than ten (10) spaces in a row unless a planted median and/or island is provided. The Planning Board may approve an alternative landscaping plan provided equivalent landscaping is provided. (2) Medians A. Surface parking lots shall not have more than four (4) parking aisles without a continuous planted median with a minimum width of ten (10) feet. B. In order to avoid traffic conflicts, an island extending the length of the parking stalls shall be provided at end each end of the median. Page 249 of 372

250 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 7, Landscaping End islands C. The median shall be planted with at least one (1) tree, plus one (1) tree for each forty (40) feet of median length. The trees shall include suitable ground cover. D. The median shall be planted with at least one (1) shrub, plus one (1) shrub per five (5) feet of median length. E. The median shall contain adequate ground cover. F. Medians shall not be paved or contain sidewalks except as approved for safe pedestrian circulation. (e) Islands (1) Landscaped islands shall include a minimum of two (2) shade trees and at least one (1) shrub, plus one (1) shrub per five (5) feet of island length. (2) Landscape islands within the aisles and at the end of the aisles shall be a minimum of three-hundred (300) square feet and have a minimum width of nine (9) feet. (3) Required islands and medians shall be evenly distributed throughout such parking areas. The distribution and location of landscaped areas may be adjusted to accommodate existing trees or other natural features so long as the total area requirement for landscaped islands, peninsulas and medians for the respective parking area is satisfied Landscaped Yard Area Requirements (a) The existing natural landscape character shall be preserved to the extent reasonable and feasible. As an example of this, in a yard area containing a stand of trees, the developer shall use care to preserve such trees. In determining whether there is compliance, the Planning Board shall consider topographical constraints on design, drainage, access and egress, utilities and other factors reasonably related to the health, safety and welfare of the public which necessitated disturbance of the property without the disturbance of its natural character, the nature and quality of the landscaping installed to replace it and such other factors as may be relevant and proper. Clearing and stripping of the natural vegetation on a lot is prohibited prior to obtaining an approved landscaping plan. (b) The landscaping shall include a mix of tree species with a minimum trunk caliper of two and onehalf (2 1/2) inches. The total number of trees necessary will be determined as follows: Page 250 of 372

251 Article V, Development Standards Division 7, Landscaping Land Use Code City Of Nashua, New Hampshire (1) There shall be one (1) shade per forty (40) linear foot of frontage along public streets and major private streets. (2) Two (2) ornamental trees per forty (40) linear foot of frontage may be used as accent trees in the front yards. (3) Two (2) ornamental trees may be substituted for one (1) shade tree and vice versa if approved by the Planning Board. (4) Residential Zoning Districts (multi-family dwellings only) A. One (1) shade tree for every two (2) dwelling units (multi-family dwellings). B. Two (2) flowering or evergreen trees may be substituted for each shade tree up to thirty (30) percent of the required number, if approval by the Planning Board. C. Ground Plane Planting: For multi-family units, a minimum of ten (10) percent of the green area of a lot or parcel shall consist of planting beds with shrubs, flowers, or groundcover. (5) Ground Cover: Suitable ground cover shall be provided in the front yard area in all zones except where no front yard is proposed (c) One (1) shrub, plus one (1) shrub per five (5) lineal feet of frontage shall be planted. Effective use of earth berms, existing topography and existing trees is also encouraged as a component of the landscape plan and shall be considered as a part of the landscaping requirement. (d) All newly planted trees shall be planted in a permeable area of no less than a three-foot-wide radius from the base of the tree. (e) The requirements of this section do not apply to the portion of properties in the D-1/MU Districts where buildings are constructed directly adjacent to a public right of way Subdivision Areas During the development and construction process, wooded natural and nonwooded natural areas will be maintain as a healthy vegetative cover to maintain the soil structure, minimize soil erosion and enhance the quality of the proposed community. In wooded natural areas, the healthy forest cover will be retained to reduce the amount of stormwater running across the ground surface. (a) Wooded natural areas (1) Plant community groupings or forest types will be identified (2) Trees targeted for harvest/removal shall be clearly marked. (3) Trees to be protected during clearing operations and construction shall be clearly marked to caution operators. (4) Trees of special interest, historic trees or trees having unusual silvicultural characteristics shall be flagged and located on the landscaping plan. These existing trees shall be protected during construction as outlined in (5) The landscape plan will include a reforestation plan to establish trees in appropriate places, not to attempt to design finished landscaping near home sites. The plan is Page 251 of 372

252 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 7, Landscaping intended to establish and enhance forest cover in certain areas and/or create screens and buffer strips in critical locations, i.e., sewer/water easements. (6) A site inspection by the Administrative Officer of trees marked for saving, cutting or clearcutting is required prior to cutting of the lot. (b) Nonwooded natural areas For subdivisions in open fields and other nonwooded areas, the landscape plan will include a mix of tree species to be planted on thirty-foot centers to provide for a tree canopy. The trees will be planted within the City right-of-way or on the private property boundary line adjacent to the City right-of-way. This section does not apply if the Planning Board determines that the open field is a significant natural feature pursuant to Article V, Division 5. (c) Street slopes In cases where the sloped areas extend more than ten (10) feet from the shoulder to the ditch line, the sloped areas must be landscaped and planted as per Protection During Construction The protection during construction section, as outlined below, will apply to commercial, subdivision, parking lot, street slopes and buffer/barrier zone sections of this Chapter. (a) Fencing or other protective barrier shall be used around trees near construction sites. (b) Changes in the normal drainage patterns shall be avoided, and appropriate protection shall be provided for trees if a grade change is necessary in the surrounding area. (c) (d) Pedestrian and other traffic patterns should be kept away from trees to avoid soil compaction. Ensure the proper protection of trees with a caliper of six (6) inches or greater Maintenance Requirements The maintenance requirements as outlined below shall apply to commercial, subdivision, parking lot areas, Street slopes and Buffer/barrier zone sections of this Chapter. (a) Maintenance of landscaping. The owners and their agents shall be responsible for providing, protecting and maintaining all landscaping in healthy and growing conditions, replacing it when necessary to ensure continuous conformance with these guidelines and keeping it free of refuse or debris. (b) Maintenance of required open space area. The open space area of the lot as required by the zoning ordinance shall generally be left undisturbed and in its natural state except where necessary to install utility structures. Where this is not practical due to extensive site development as cutting and filling, this disturbed open space area shall be returned to as near a natural state as possible and in accord with the other requirements outlined herein. It is the intent of this section to dissuade the unnecessary clearing and disturbing of land so as to preserve, insofar as practical, the natural and existing growth of vegetation and to replace when necessary the removed vegetation with new vegetation indigenous to southern New Hampshire. (c) All newly planted vegetative material shall be guaranteed to meet minimum American Standard for Nursery Stock standards at the time of planting and for one (1) year thereafter. (d) The applicant shall establish a maintenance program that addresses the following: Page 252 of 372

253 Article V, Development Standards Division 7, Landscaping Land Use Code City Of Nashua, New Hampshire (1) Vegetation replacement. (2) Irrigation. (3) Pruning, fertilizing and insect and disease protection. (4) Litter or debris cleanup. (5) Drainage and tree protection if there is a grade change. (e) Pruning should be started early and kept up at regular intervals. Trees should be pruned and shaped to avoid splitting later in life. Broken tops and branches should be removed as soon as possible after injury. Broken, weak or diseased branches should be removed first, dead branches second and healthy branches last. (f) Trees and shrubs should be protected against damage incurred with lawn mowers and garden equipment. Keeping grass away from tree trunks with the use of mulch is recommended. (g) The use of road salt around the trees and shrubs should be avoided or minimized. (h) Required landscaped areas shall be routinely maintained free of debris and litter and in good condition, with regular mowing of grass, so as to present a neat, healthy and orderly appearance. Maintenance shall include the replacement of all dead plant material within the guaranteed contract period Landscape Design The following requirements apply to the implementation of any landscape plan: (a) Generally (1) Examples of permitted trees and shrubs are set forth in Tables 579-1, below. The Administrative Officer may permit substitutions based on the recommendation of the qualified landscape professional preparing the plan. In addition, if a listed species is being invaded or infested by fungi, disease or pests, a substitution shall be recommended. In no case shall monoculture be permitted. Plant materials shall show a variety of texture, color, shape and other characteristics. (2) Shrubbery, ground cover and other planting materials shall be used to complement the tree planting but shall not be the sole contribution to the landscaping. Effective use of earth berms, existing topography and existing trees is also encouraged as a component of the landscape plan and shall be considered as a part of the planting requirements. (3) All shade trees to be used shall have a minimum trunk caliper of two and one-half (2 1/2) inches. Inclusion in the landscape design of existing trees is encouraged. All shade trees to be planted shall be hardy for the Nashua botanical zone. (4) Shrubs shall have a minimum height measured from finished grade of twenty-four (24) inches. The Planning Board may permit plants with a lower growing habit than twentyfour 24) inches. (5) All required landscaping shall be provided with either: A. An underground sprinkling system; or B. An outside hose attachment. (6) All landscaping which is in required landscaped areas and which is adjacent to pavement shall be protected with concrete or granite curbs or equivalent barriers (such as car bumpers, railroad ties, continuous border plants or hedgerows) when necessary to protect the vegetation from vehicular damage. Page 253 of 372

254 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 8, Parking (7) Landscaping in landscaped areas shall not obstruct the view between the street and the access drives and parking aisles near the street yard entries and exits, nor shall any landscaping which creates an obstruction of view be located in the radius of any curb return. (See 16-27(k)) (8) Plant materials used in conformance with the provisions of this Article shall be of specimen quality and conform to the reference shall be made to American Nursery and Landscape Association ( ANLA )(formerly the American Association of Nurserymen), The American Standard For Nursery Stock (1996)(ANSI Z ), which document is hereby incorporated by reference. (9) Native species and low maintenance design are encouraged. (b) Trees Examples of permitted trees are set forth in Table 579-1, below. Table Large or Shade Trees Examples of Permitted Trees Category Definition Examples of Permitted Species A tree of a species that Basswood Pin Oak Beech Red Maple normally reaches a height of Black Oak Red Oak fifty (50) feet or more upon European Larch Red Pine maturity. Hemlock Scarlet Oak London Planetree Scotch Pine Sugar Maple Thornless Honeylocust White Ash White Oak White Pine Medium Trees / Ornamenta l Trees A tree of a species that normally reaches a height exceeding twenty (20) feet upon maturity. Arborvitae Austrian Pine Black Birch Black Locust European White Birch Ginkgo Larch Little-leaf Linden Norway Spruce Pitch Pine White Birch White Spruce Small Trees / Ornamental Trees A tree of a species that normally reaches a height of less than twenty (20) feet upon maturity. Amur Maple Carolina Silverbell Cornelian-Cherry Dogwood European Mountain-ash Flowering Dogwood Hop Hornbeam Hornbeam Pin Cherry Redcedar Shadblow Serviceberry Washington Hawthorn (c) Shrubbery Required shrubs shall measure at least two (2) feet in height at the time of planting, when measured from the grade to the top horizontal plane of the shrub. Examples of permitted shrubs are as follows: Nannyberry Rosebay Rhodeodendron Highbush Cranberry Highbush Blueberry Arrowwood Black Alder Bayberry Mapleleaf Viburnum Hobblebush Red Osier Dogwood Japanese Yew Panicled Dogwood Peegee Hydrangea Mountain Laurel Witch Hazel Page 254 of 372

255 Article V, Development Standards Division 8, Parking Land Use Code City Of Nashua, New Hampshire Division 8. Parking Purpose: this Article ensures that new development provides adequate off-street parking to minimize spillover into residential areas and to protect emergency access, while avoiding the blighting and environmental effects of excessive parking. This Article implements the following Master Plan policy: The City s commercial parking standards should be re-assessed in light of the most recent parking standards for all types of commercial land uses. For some commercial land use types, the present parking standards appear to require too few parking spaces, while for other land uses too many parking spaces may be required. In the latter situation, unnecessarily large parking lots are built, which are underutilized for most of the year Applicability (a) This Division applies to subdivision plans or site plans. (b) A waiver or appeal from any requirement of this Article may be filed with the Planning Board pursuant to The Planning Board may waive the construction of some of the parking areas required by this Article, provided that all of the following conditions are met: (1) That the site plan indicates where all parking would be constructed in order to meet the general requirements set forth in this Article; (2) That such required space is reserved for use if such parking requirements must be met in the future; (3) That the applicant demonstrates that the current use of the site shall not require additional parking beyond what is proposed to be built; and (4) That such plan stipulate that a site plan amendment shall be necessary if the use of the site changes Off-street Parking and Loading Required (a) Off-street parking and loading spaces shall be provided for every new structure, the enlargement of an existing structure, the development of a new land use or any change in an existing use in its entirety in accordance with the Parking Matrix ( , Table below). (b) Required off-street parking or loading spaces shall continue to serve the uses or structures for which they were intended so long as such use or structure remains. (c) Required off-street loading spaces shall not be construed as being part of the required off-street parking spaces. (d) When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction over one-half shall require one (1) space. Page 255 of 372

256 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 8, Parking Location (a) Required off-street parking spaces shall be provided on the same lot as the principal use they are required to serve. The Planning Board may permit parking spaces to be established as a separate lot, provided that (1) they shall be established no further than three hundred (300) feet from the closest lot line to which they are appurtenant; and (2) the lot is either owned by the applicant, or there is a permanent easement or agreement to use the separate lot. (b) The loading spaces required for the uses listed in shall in all cases be on the same lot as the use they are intended to serve. (c) Any off-street parking on a lot containing five (5) or less spaces may not be situated in a front yard unless such parking is located on a driveway no wider than twenty-four (24) feet and having an area not to exceed fifty (50) percent of the area of the front yard Parking Space Dimensions (a) Each required off-street parking space shall be at least nine (9) feet in width and at least twenty (20) feet in length, exclusive of access drives, aisles, ramps and columns, or areas utilized for other purposes, except that the spaces required for grocery stores of more than five thousand (5,000) square feet shall be at least ten (10) feet in width. (b) All parking spaces provided for retail sales establishments shall have two (2) painted stripes at least two (2) inches wide one (1) foot apart, separating each parking stall. (c) For parallel parking, the length of the parking space shall be twenty-three (23) feet. (d) Except on lots occupied by one-and two-family dwellings, each off-street parking space shall open directly upon an aisle or driveway. The width of the aisle or driveway, excluding the curb cut or frontage location, shall conform to Table 583-1, below. Driveway spacing and width is governed by Article V, Division 10, (e) The aisle or driveway shall be unobstructed and allow for the passage of emergency vehicles at all times. Table Aisle or Driveway Width Parking Angle (in degrees) Aisle/Driveway Width (in feet) The angle shall be measured between the center line of the parking space and the center line of the aisle Multiple parking and loading area standards All parking and loading areas containing over five (5) spaces, including automotive and drive-in establishments of all types, shall be either contained within structures, or subject to the following: (a) The area shall comply with the parking lot landscaping standards in Page 256 of 372

257 Article V, Development Standards Division 8, Parking Land Use Code City Of Nashua, New Hampshire (b) The area and access driveways thereto shall be surfaced with bituminous or cement concrete material and shall be graded and drained so as to dispose of all surface water accumulation in accordance with acceptable engineering practices. The Planning Board may authorize use of pervious surfaces for driveways and parking areas under appropriate circumstances. (c) A bumper of masonry, steel or heavy timber, or a concrete or bituminous concrete curb or berm curb which is backed, shall be placed at the edge of surfaced areas except driveways in order to protect abutting structures, properties and sidewalks, when such surface areas are within four (4) feet of the abutting structure, properties or sidewalks. (d) Any fixture used to illuminate any area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes. (e) There shall not be any motor vehicle repair or gasoline or oil service facilities for profit except on a lot occupied by a permitted automotive use. Any aboveground gasoline or oil facilities shall be at least twenty-five (25) feet from any lot line. (f) There shall not be any storage of materials or equipment or display of merchandise within a required parking area except as part of approved building operations. (g) Parking shall not be located within the required front yard area in any district. (h) Parking and loading spaces shall be so arranged as not to permit backing of automobiles onto any street. (i) Driveway spacing and width is governed by Article V, Division 10, (j) The Planning Board may grant a conditional use permit to permit the reduction of the parking space requirements to eighty (80) percent of that required in the table of off-street regulations where conditions unique to the use will reasonably justify such a reduction Municipal lot substitutions The Planning Board may allow the substitution of space within municipal parking lots in lieu of the parking requirements of this division, provided they are located within one thousand (1,000) feet of the building which is intended to be served Increase or change of use (a) When the intensity of use of any building, structure or premise shall be increased through the addition of dwelling units, floor area, beds, seating capacity or other unit of measurement, parking and loading facilities, as required, shall be provided for such increase in intensity of use. (b) Whenever the existing use of a building, structure or premise is changed or converted to a new use permitted by this article, parking and loading facilities shall be provided, as required, for the new use Nonconforming Parking See Article III, Division 11, Number of Off-street Parking Spaces (a) Number of required off-street parking spaces for any use within the city shall be as set forth in the Parking Matrix, Table (Note: Table is attached to the end of this Article). Page 257 of 372

258 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 8, Parking (b) apply: In determining the minimum required number of off-street parking spaces, the following shall (1) In sports arenas, churches and other places of assembly in which patrons occupy benches, pews or other similar seating facilities, each twenty (20) inches of such seating shall be construed as one (1) seat. (2) In the case of open space floor areas used for temporary seating purposes, an area of sixteen (16) square feet usable for seating shall be counted as one (1) seat Off-street Loading Spaces (a) city: The following table of number of required off-street loading spaces shall apply throughout the Table Number of Required Off-Street Loading Regulations Use Category (1) Retail trade, manufacturing and hospital establishment with over 5,000 sq. feet of gross floor area (2) Business services, other services, community facility (school, church, city building, recreation, etc.) or public utility establishment with over 5,000 sq. feet of gross floor area Minimum Number of Loading Spaces per Unit 1 per 20,000 sq. feet or fraction thereof of gross floor area up to 2 spaces; 1 additional space for each 60,000 sq. feet or fraction thereof of gross floor area over 40,000 sq. feet; space used for ambulance receiving at a hospital is not to be used to meet these loading requirements 1 per 75,000 sq. feet or fraction thereof of gross floor area up to 2 spaces; 1 additional space for each 200,000 sq. feet or fraction thereof of gross floor area floor area over 150,000 sq. feet (b) Loading spaces shall be at least twelve (12) feet in width and forty-five (45) feet in length and with a vertical clearance of at least fourteen (14) feet, and shall have an area of not less than six hundred (600) square feet plus access and maneuvering space. The dimensions of the loading space may be reduced by the administrative officer when it is clearly evident that service vehicles utilizing the space will not require the area listed above, not to be less than two hundred (200) square feet Handicapped Parking Requirements (a) Properly signed or designated parking spaces for the physically handicapped shall be provided in accordance with the provisions of this section, and shall be located as close as possible to elevators, ramps, walkways and entrances. (b) Each required handicapped space shall conform to the requirements of the Americans with Disabilities Act. Designated handicapped spaces shall be provided in all parking areas of five (5) or more spaces (as required in ) in conformance with the following table: Page 258 of 372

259 Article V, Development Standards Division 8, Parking Land Use Code City Of Nashua, New Hampshire Table Required Handicapped Parking Spaces # Spaces Required (see ) Required # Handicapped Spaces % of total Over plus 1 for each 100 over 1,000 (c) Parking spaces required by this section shall be properly signed or otherwise designated and shall be counted toward the number of spaces required by Parking Structures (a) Applicability This section applies to the construction or alteration of any parking structure. (b) Criteria (1) Parking structures shall be designed to have horizontal versus stepped or sloping levels at areas of public view (2) Sloped roofs are not required for parking structures, however: A. The upper and lowest level of parking shall incorporate sufficient screening to shield cars from public view. B. Parapet treatment is required to terminate the deck and given proper architectural finish to the structure. Cornices, overhands and other devices which are consistent with the design of historical buildings may be employed. (3) The design of parking decks shall be complementary to the design of buildings in the area Shared Parking (a) Parking required for two (2) or more buildings or uses may be provided in combined facilities on the same or adjacent lots, subject to the criteria established in subsections (b) through (e) below. Page 259 of 372

260 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 8, Parking (b) The parking areas shall be approved by the Administrative Officer, subject to the criteria established in this section. (c) The parking areas shall be available and reserved for the several buildings or uses by a contract or other legally binding agreement. (d) The number of such spaces shall comply with the minimum parking ratios established in Table or, where approved by the Administrative Officer, an alternative ratio established under subsection (e), below. (e) Developments that contain a mix of uses on the same parcel, as set forth in Table below, may reduce the amount of required parking in accordance with the following methodology: (1) determine the minimum parking requirements in accordance with Table for each land use as if it were a separate use, (2) multiply each amount by the corresponding percentages for each of the five time periods set forth in Table 592-1, (3) calculate the total for each time period, and (4) select the total with the highest value as the required minimum number of parking spaces. Table (A) Land Use Shared Parking Parking Ratio Reduction Factors (B) Daytime (9 a.m. - 4 p.m.) Weekday Weekend (C) Evening (6 p.m. - midnight) (C) Daytime (9 a.m. - 4 p.m.) (E) Evening (6 p.m. - midnight) (F) Nighttime (midnight - 6 a.m.) Office/Industrial 100% 10% 10% 5% 5% Retail 60% 90% 100% 70% 5% Hotel 75% 100% 75% 100% 75% Restaurant 50% 100% 100% 100% 10% Entertainment/ Commercial 40% 100% 80% 100% 10% Page 260 of 372

261 Article V, Development Standards Division 8, Parking Land Use Code City Of Nashua, New Hampshire Table Parking Matrix Key: "sf" means square feet of gross floor area, unless otherwise indicated. "Outdoor area" means the area outside of enclosed buildings or structures that area devoted to the use only, and does not include areas devoted to parking. "N/A" means not applicable. See 16-26, Table 26-1 of this Chapter for definitional references. Accessory Use Use Minimum Parking Spaces Maximum Parking Spaces Use Category for Loading Standards (see , Table 589-1; note: applies only if more than 5,000 square feet) 1. Accessory uses as permitted in N/A N/A N/A 2. Fences, walls or other enclosures subject to Residential Uses 3. Accessory Dwellings N/A N/A N/A 4. Conservation subdivisions N/A N/A N/A 5. Condominium See regulations applicable to particular use 6. Duplex (two-family dwelling) 2 per unit N/A N/A 7. Dwelling, Manufactured home, on an individually owned lot 2 per unit per unit 8. Dwelling, Manufactured home park 2 per unit N/A N/A 9. Dwelling, Modular home 2 per unit N/A N/A 10. Dwelling, room renting, no more than four 1 per 4 rooms 1 per room N/A roomers, no separate cooking facilities 11. Dwelling, room renting, no more than four roomers, separate cooking facilities 1 per 4 rooms 1 per room N/A 12. Elderly Housing, except as provided in #13, below (see 16-81(b)) 1 per unit 1.9 per unit N/A 13. Elderly Housing, with residents in singlefamily detached housing only (see 16-81(b)) 1 per unit 1.9 per unit N/A 14. Elderly Housing, nursing care facilities 1 per unit 1.9 per unit N/A 15. Multifamily Dwellings (3 or more units) 1.5 per unit 1.9 per unit N/A 16. Overnight camping trailers N/A N/A N/A 17. Single room occupancy units 1 per 4 units 1 per unit N/A 18. Single-family detached dwelling 2 per unit N/A N/A Accommodations and Group Living 19. Bed and breakfast inn 1 per guest bedroom plus 2 for owner N/A N/A 20. Boarding house/room Renting 0.3 per room 2 per room N/A 21. Business Residence/Residential Hotel 1 per room plus 1 per 800 sf of public meeting and restaurant space 1 per room plus1 per 400 sf of public meeting area and restaurant space N/A 22. Halfway Houses (as defined in 16-91) 1 per 375 sf 1.5 per 375 sf N/A 23. Dormitories for the students of colleges, commercial schools, staff of hospitals 1 per 2 beds 1 per bed N/A 24. Hotel, Motel, and tourist court 25. Lodging house, including guest homes and tourist homes 26. Orphanages, children's homes and similar uses 1 per room plus 1 per 800 sf of public meeting and restaurant space 1 per room plus1 per 400 sf of public meeting area and restaurant space N/A 0.3 per room 2 per room N/A 1 per 375 sf 1.5 per 375 sf N/A Commercial 27. Animal Hospitals, Veterinary 1 per 1,500 sf 1 per 150 sf (1) Page 261 of 372

262 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 8, Parking Key: "sf" means square feet of gross floor area, unless otherwise indicated. "Outdoor area" means the area outside of enclosed buildings or structures that area devoted to the use only, and does not include areas devoted to parking. "N/A" means not applicable. See 16-26, Table 26-1 of this Chapter for definitional references. Use Minimum Parking Spaces Maximum Parking Spaces Use Category for Loading Standards (see , Table 589-1; note: applies only if more than 5,000 square feet) services/animal Pet Services 28. Auction sales of real and personal property as is normally located thereon for the purpose of liquidating presently owned assets, or N/A N/A (1) temporary, one-time uses 29. Auction sales, generally 1 per employee plus 1 per per employee plus 1 per 4 spaces of seating area spaces of seating area (1) 30. Automobile and truck rental 1 per 1000 sf 1 per 200 sf (1) 31. Bakeries, retail, including manufacturing of goods for sale on the premises only, not 1 per 300 sf 1 per 150 sf (1) exceeding 10,000 sf 32. Bakeries, retail, including manufacturing of goods for sale on the premises only, more 1 per 300 sf 1 per 150 sf (1) than 10,000 sf 33. Bank, credit union, savings institution, or other finance and insurance services 1 per 300 sf 1 per 150 sf (1) 34. Bar or Drinking establishment 1 per 75 sf 1 per 50 sf (1) 35. Barber shops/hair salons 36. Bicycle (non motorized) Sales and/or Repair 1 per 300 sf 1 per 150 sf (1) 37. Books, Magazines, music, etc. 1 per 300 sf 1 per 150 sf (1) 38. Bus, truck, or large vehicle sales 1 per 500 sf 1 per 150 sf (1) 39. Business service centers, including blueprinting, printing, Photostatting and 1 per 300 sf 1 per 200 sf (1) copying 40. Cafeteria or limited service restaurant 1 per 75 sf 1 per 50 sf (1) 41. Cafeterias and snack bars to serve the employees of office building within which N/A N/A (1) they are located 42. Camera and Photographic Supplies 1 per 300 sf 1 per 150 sf (1) 43. Candy or confectionary making, on premises and retail only 1 per 300 sf 1 per 150 sf (1) 44. Car Wash, Automobile Laundries, or Car Care Centers 1 per 500 sf 1 per 150 sf (2) 45. Car, boat or marine craft dealers 1 per 500 sf 1 per 150 sf (1) 46. Carpet, rug and upholstery cleaning 1 per 300 sf 1 per 150 sf (1) 47. Clothing, Jewelry, Luggage, Shoes, etc. 1 per 300 sf 1 per 150 sf (1) 48. Commercial Uses in Multifamily Developments 1 per 600 sf 1 per 150 sf (1) 49. Computer and Software Sales 1 per 300 sf 1 per 150 sf (1) 50. Consignment Shops, Used Merchandise Store (not exceeding 1,000 sf) 1 per 300 sf 1 per 150 sf (1) 51. Consignment Shops, Used Merchandise Store (not otherwise listed) 1 per 300 sf 1 per 150 sf (1) 52. Convenience stores at most 10,000 sf 1 per 200 sf 2 per 200 sf (1) 53. Convenience stores over 10,000 sf 1 per 200 sf 2 per 200 sf (1) 54. Delicatessen 1 per 75 sf 1 per 50 sf (1) 55. Department stores (over 15,000 square feet) 1 per 150 sf of sales area 2 per 150 sf of sales area (1) 56. Department stores (under 15,000 square feet) 1 per 150 sf of sales area 2 per 150 sf of sales area (1) 57. Drive-in window or drive-through facilities (bank, laundries, fast foods, and similar uses) where use is permitted in zoning district. 1 per 75 sf 1 per 50 sf (1) Page 262 of 372

263 Article V, Development Standards Division 8, Parking Land Use Code City Of Nashua, New Hampshire Key: "sf" means square feet of gross floor area, unless otherwise indicated. "Outdoor area" means the area outside of enclosed buildings or structures that area devoted to the use only, and does not include areas devoted to parking. "N/A" means not applicable. See 16-26, Table 26-1 of this Chapter for definitional references. Use Minimum Parking Spaces Maximum Parking Spaces Use Category for Loading Standards (see , Table 589-1; note: applies only if more than 5,000 square feet) 58. Dry cleaning and laundry, at most 10,000 sf 1 per 500 sf 2 per 500 sf (1) 59. Dry cleaning and laundry, over 10,000 sf 1 per 500 sf 2 per 500 sf (1) 60. Electrical supplies, sales enclosed within building 1 per 500 sf 1 per 150 sf (1) 61. Electrical supplies, with outdoor storage 1 per 500 sf 1 per 150 sf (1) 62. Engraving, including textile engraving 1 per 500 sf 1 per 150 sf (1) 63. Exterminators, no outside storage yard 1 per 500 sf 1 per 150 sf (1) 64. Exterminators, with outside storage yard 1 per 500 sf 1 per 150 sf (1) 65. Farm, landscape, and garden supply sales (feed, seed, fertilizer, farm hardware, lawn furniture, mulch, fencing, fountains, 1 per 300 sf 1 per 150 sf (1) statuaries, and other incidental sales of products or related items) 66. Farmers Markets and market shops, including open markets 1 per 500 sf of market area 1 per 150 sf of market area (1) 67. Flea markets (indoors) 1 per 150 sf sales area 2 per 150 sf sales area (1) 68. Flea markets (out-of-doors) 1 per 150 sf sales area 2 per 150 sf sales area (1) 69. Flex Space (office and warehouse building) with no outside storage 1 per 1,500 sf 1 per 300 sf (1) 70. Florist 1 per 500 sf 1 per 150 sf (1) 71. Gas stations / Service Stations 1 per 500 sf including service bays, wash bays and retail areas 1 per 375 sf including service bays, wash bays and retail areas 72. Grocery stores and Supermarkets, at most 10,000 sf 1 per 300 sf 1 per 200 sf (1) 73. Grocery stores and Supermarkets, 10,000 sf and above 1 per 300 sf 1 per 200 sf (1) 74. Gun shops and Gunsmiths 1 per 500 sf 1 per 150 sf (1) 75. Hardware, inside or outside storage 1 per 500 sf 1 per 150 sf (1) 76. Heating and Plumbing Equipment, inside storage 77. Heating and Plumbing Equipment, outside storage 78. Industrial equipment, plumbing supplies and other heavy consumer goods not otherwise listed, sales and service, with outdoor storage. 79. Industrial equipment, plumbing supplies and other heavy consumer goods not otherwise listed, sales and service, without outdoor storage. 1 per 500 sf 1 per 150 sf (1) 1 per 500 sf 1 per 150 sf (1) 1 per 500 sf 1 per 150 sf (1) 1 per 500 sf 1 per 150 sf (1) 80. Leasing, Commercial and Industrial Machinery and Equipment 1 per 500 sf 1 per 150 sf (1) 81. Leasing/Rental of Trucks, Trailers, RV's, Boats, Motorcycle 1 per 500 sf 1 per 150 sf (1) 82. Leasing/Rental Recreational Goods (Furniture, Party Supplies, Sporting Goods) 1 per 500 sf 1 per 150 sf (1) 83. Leasing/Rental, Car and Passenger Vehicle 1 per 500 sf 1 per 150 sf (1) 84. Live-work units 1 per 500 sf of work space 1 per 150 sf of work space plus 1.5 per living unit plus 1 per living unit (2) 85. Locksmiths 1 per 500 sf 1 per 150 sf (1) 86. Lumber yard and building material sales with outside storage or in enclosed buildings, 1 per 500 sf 1 per 150 sf (1) (1) Page 263 of 372

264 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 8, Parking Key: "sf" means square feet of gross floor area, unless otherwise indicated. "Outdoor area" means the area outside of enclosed buildings or structures that area devoted to the use only, and does not include areas devoted to parking. "N/A" means not applicable. See 16-26, Table 26-1 of this Chapter for definitional references. Use Minimum Parking Spaces Maximum Parking Spaces Use Category for Loading Standards (see , Table 589-1; note: applies only if more than 5,000 square feet) wholesale or retail 87. Mail order or direct selling establishments / Electronic Shopping and Mail-Order Houses 1 per 600 sf 1 per 150 sf (1) 88. Manufactured home, modular home, mobile home, or storage building sales 1 per 500 sf 1 per 150 sf (1) 89. Medical equipment sales, rental or leasing 1 per 300 sf 1 per 150 sf (1) 90. Mixed commercial and residential use where commercial use is primary on first floor, with dwellings occupancy second floors or above (no unenclosed storage) 1 per 1,500 sf up to 2 stories plus 1 per 1,000 sf for every story exceeding 2 stories 1.5 per 1,500 sf up to 2 stories plus 1.5 per 1,000 sf for every story exceeding 2 stories 91. Mobile homes as offices 1 per 500 sf 1 per 150 sf (1) 92. Motorcycles, ATV's, retail sales and repair 1 per 500 sf 1 per 150 sf (1) 93. Multi-Use Gas Stations / Convenience Stores (spaces at gas pumps do not count as parking spaces) 1 per 200 sf plus 1 space per accessory use as listed in 113(b)(2) 2 per 200 sf plus 1 space per accessory use as listed in 113(b)(2) (1) 94. Nail salons 1 per 500 sf 2 per 500 sf (1) 95. Nurseries and greenhouses, commercial 1 per 500 sf 1 per 500 sf 96. Office building with drive-through facility 1 per 300 sf 1 per 200 sf (2) 97. Office building, without drive-through facility 1 per 1,000 sf 1 per 200 sf GFA (2) 98. Office buildings over storefronts N/A 1 per 200 sf GFA (2) 99. Packing, crating, and convention and trade show services including trading stamp 1 per 500 sf 1 per 150 sf (1) redemption 100. Palmistry services, Fortune Tellers, Astrologers 1 per 500 sf 1 per 150 sf (1) 101. Pawnshops and secondhand goods, retail sales 1 per 300 sf 1 per 150 sf (1) 102. Personal Services, generally 1 per 500 sf 2 per 500 sf (1) 103. Pet store or pet supply store 1 per 300 sf 1 per 150 sf (1) 104. Pharmacy or Drugstore with other retail sales at least 10,000 sf 1 per 300 sf 1 per 150 sf (1) 105. Pharmacy or Drugstore with other retail sales under 10,000 sf 1 per 300 sf 1 per 150 sf (1) 106. Pharmacy or Drugstore, medicine or related medical product sales only, at least 1 per 600 sf 1 per 150 sf (1) 10,000 sf 107. Pharmacy or Drugstore, medicine or related medical product sales only, under 1 per 600 sf 1 per 150 sf (1) 10,000 sf 108. Photograph Studios 1 per 400 sf 1 per 200 sf 109. Professional Services (Legal, Accounting, Architectural, Graphic, Consulting Services, 1 per 1,000 sf 1 per 150 sf (1) Research and Development, Advertising, etc.) 110. Real Estate, Sales, Rental & Leasing 1 per 1,000 sf 1 per 150 sf (1) 111. Rentals, Trailer 1 per 1,000 sf 1 per 200 sf (1) 112. Repair and Maintenance, Appliance 1 per 500 sf 1 per 150 sf (1) 113. Restaurants, with drive-in or drive-through facilities 1 per 75 sf 1 per 65 sf (1) 114. Restaurants, without drive-in or drivethrough facilities 1 per 4 seats 1 per 2 seats (1) (1) Page 264 of 372

265 Article V, Development Standards Division 8, Parking Land Use Code City Of Nashua, New Hampshire Key: "sf" means square feet of gross floor area, unless otherwise indicated. "Outdoor area" means the area outside of enclosed buildings or structures that area devoted to the use only, and does not include areas devoted to parking. "N/A" means not applicable. See 16-26, Table 26-1 of this Chapter for definitional references. Use Minimum Parking Spaces Maximum Parking Spaces Use Category for Loading Standards (see , Table 589-1; note: applies only if more than 5,000 square feet) 115. Retail outlets for products manufactured on premises, not exceeding the lesser of ten (10) percent of the gross floor area of the 1 per 300 sf 1 per 150 sf (1) principal structure or 3,000 square feet 116. Retail sales and service establishments, except where listed specifically elsewhere (see specific uses or activities listed under LBCS Function codes and NAICS 1 per 300 sf 1 per 150 sf (1) codes 44-45), based on building type described under "Shopping" or "Shopping Centers," below Rug cleaning 1 per 500 sf 2 per 500 sf (1) 118. Sales and service, manufactured home, mobile home, bus, truck, or similar large 1 per 500 sf 1 per 150 sf (1) vehicles 119. Sales, boats/marine, recreational vehicle, travel trailer, camper (including repair) 1 per 500 sf 1 per 150 sf (1) 120. Sales, Coal ( including storage) 1 per 500 sf 1 per 150 sf (1) 121. Sales, Farm machinery 1 per 500 sf 2 per 500 sf (1) 122. Sales, Fertilizer, packaged retail 1 per 300 sf 1 per 150 sf (1) 123. Sales, new and used aircraft, aircraft supplies, and accessories 1 per 500 sf 2 per 500 sf (1) 124. Sales, secondhand and swap shop sales 1 per 500 sf 1 per 150 sf (1) 125. Sales, vending machines as principal use 1 per 500 sf 1 per 150 sf (1) 126. Services to buildings and dwellings (extermination, Janitorial, Landscaping, Carpet and Upholstery cleaning, Packing and 1 per 1,000 sf 1 per 150 sf (1) crating, etc.), no outside storage 127. Services to buildings and dwellings (extermination, Janitorial, Landscaping, Carpet and Upholstery cleaning, Packing and 1 per 1,000 sf 1 per 150 sf (1) crating, etc.), with outside storage 128. Shoe repair 1 per 500 sf 1 per 150 sf (1) 129. Shopping Center, less than 10,000 sf 1 per 250 sf 1 per 150 sf (1) 130. Shopping Center, 10,000 to 25,000 sf 1 per 250 sf 1 per 150 sf (1) 131. Shopping Center/Superstore, 25, ,000 sf 1 per 250 sf 1 per 150 sf (1) 132. Shopping Center/Superstores, over 100,000 sf 1 per 250 sf 1 per 150 sf (1) 133. Shopping, Home improvement center 1 per 500 sf 1 per 150 sf (1) 134. Snack bars, nonalcoholic beverage stores, and candy or confectionary making 1 per 75 sf 1 per 50 sf (1) 135. Sporting goods, toys, and hobby sales, not listed otherwise 1 per 300 sf 1 per 150 sf (1) 136. Tailor or Dressmaking ( not including textile manufacturing) 1 per 300 sf 1 per 150 sf (1) 137. Tattoo Parlor/Tattoo Studio and/or Body Piercing 1 per 300 sf 1 per 150 sf (1) 138. Tire sales, enclosed entirely within building 1 per 300 sf 1 per 150 sf (1) 139. Tobacco or Tobacconist 1 per 300 sf 1 per 150 sf (1) 140. Upholstery and furniture refinishing 1 per 600 sf 1 per 150 sf (1) 141. Vehicle Parts, Accessories, Tire Sales, enclosed building only 1 per 300 sf 1 per 150 sf (1) Page 265 of 372

266 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 8, Parking Key: "sf" means square feet of gross floor area, unless otherwise indicated. "Outdoor area" means the area outside of enclosed buildings or structures that area devoted to the use only, and does not include areas devoted to parking. "N/A" means not applicable. See 16-26, Table 26-1 of this Chapter for definitional references. Use 142. Vehicle repair and service Minimum Parking Spaces 1 per 500 sf including service bays, wash tunnels and retail areas Maximum Parking Spaces 1 per 375 sf including service bays, wash tunnels and retail areas Use Category for Loading Standards (see , Table 589-1; note: applies only if more than 5,000 square feet) 143. Warehouse clubs 1 per 250 sf 1 per 150 sf (1) 144. Woodworking shops, cabinetmaking shops, or wood crafting services 1 per 500 sf 1 per 150 sf (1) Industrial & Manufacturing Uses 145. Automobile storage or towing (excluding wrecked and junked vehicles) 1 per 2 employees at peak shift, plus 1 per 5,000 sf of land area devoted to material storage, plus one for each company vehicle at peak shift (1) N/A (1) 146. Bakeries, retail; bakeries, commercial; or baking plants 1 per 1,500 sf N/A (1) 147. Bookbinding, tradebinding, and other binding of paper and printing materials 1 per 1,500 sf N/A (1) 148. Carpentry, floor, and tile contractor 1 per 1,500 sf N/A (1) 149. Concrete plants 1 per 1,500 sf N/A (1) 150. Contractors' offices/shop with outdoor storage areas 1 per 600 sf 1 per 300 sf (1) 151. Contractors' offices/shop without outdoor storage areas 1 per 600 sf 1 per 300 sf (1) 152. Dairy products processing, bottling and distribution on a wholesale basis 1 per 1,500 sf 1 per 300 sf (1) 153. Dolls, Toys, Games, and musical instruments 1 per 1,500 sf 1 per 300 sf (1) 154. Electrical component assembly operations 1 per 1,500 sf 1 per 300 sf (1) 155. Electrical equipment, appliance and components manufacturing 1 per 1,500 sf 1 per 300 sf (1) 156. Excavation of sand, gravel, clay 1 per employee N/A (1) 157. Finished nonmetallic mineral products (brick, refractories, ceramics, glass, cement, etc.) 1 per 1,500 sf 1 per 300 sf (1) 158. Food and Beverage manufacturing 1 per 1,500 sf 1 per 300 sf (1) 159. Food manufacturing, Animal Slaughtering and Processing 1 per 1,500 sf 1 per 300 sf (1) 160. Food processing, excluding poultry and animal slaughtering and dressing 1 per 1,500 sf 1 per 300 sf (1) 161. Fuel oil distribution 1 per 1,500 sf 1 per 300 sf (1) 162. Industrial parks 1 per 1,500 sf 1 per 300 sf (1) 163. Jewelry and Silverware manufacturing 1 per 1,500 sf 1 per 300 sf (1) 164. Laboratories and other facilities for research and testing of products 1 per 1,500 sf 1 per 300 sf (1) 165. Laboratories: dental, medical and optical 1 per 1,500 sf 1 per 300 sf (1) 166. Landfill, Construction and Demolition 1 per employee N/A (1) 167. Laundry or dry cleaning plant 1 per 1,500 sf 1 per 300 sf (1) 168. Leather and Allied Products 1 per 1,500 sf 1 per 300 sf (1) 169. Lumber mills/timber mills/sawmills, planing mills, and wood product manufacturing, including accessory storage 1 per 1,500 sf 1 per 300 sf (1) areas, established as a permanent use 170. Machine shop, welding shop (enclosed buildings) 1 per 1,500 sf 1 per 300 sf (1) 171. Machinery and Equipment manufacturing 1 per 1,500 sf 1 per 300 sf (1) Page 266 of 372

267 Article V, Development Standards Division 8, Parking Land Use Code City Of Nashua, New Hampshire Key: "sf" means square feet of gross floor area, unless otherwise indicated. "Outdoor area" means the area outside of enclosed buildings or structures that area devoted to the use only, and does not include areas devoted to parking. "N/A" means not applicable. See 16-26, Table 26-1 of this Chapter for definitional references. Use Minimum Parking Spaces Maximum Parking Spaces Use Category for Loading Standards (see , Table 589-1; note: applies only if more than 5,000 square feet) 172. Manufacturing, Chemical including refining or processing, excluding the manufacture, refining or processing of ammonia, asphalt, bleach, bluing, calcimine, chlorine, corrosive acid or alkali, dyes, fats, 1 per 1,500 sf 1 per 300 sf (1) fertilizer, gutta percha, gypsum, lampblack, oils, oxygen, paints, plaster of Paris, potash, rubber, shellac, tar, turpentine, vinegar, yeast 173. Manufacturing, Chemical including refining or processing, including the manufacture, refining or processing of ammonia, asphalt, bleach, bluing, calcimine, chlorine, corrosive acid or alkali, dyes, fats, 1 per 1,500 sf 1 per 300 sf (1) fertilizer, gutta percha, gypsum, lampblack, oils, oxygen, paints, plaster of Paris, potash, rubber, shellac, tar, turpentine, vinegar, yeast 174. Manufacturing, excluding other uses listed in this table 1 per 1,500 sf 1 per 300 sf (1) 175. Meat packing and poultry processing 1 per 1,500 sf 1 per 300 sf (1) 176. Milling or canning of agricultural products, feed and flour mills 1 per 1,500 sf 1 per 300 sf (1) 177. Office Supply, inks, etc. manufacturing (except paper) 1 per 1,500 sf 1 per 300 sf (1) 178. Paper and Printing Materials manufacturing 1 per 1,500 sf 1 per 300 sf (1) 179. Petroleum, Asphalt & Coal Manufacturing 1 per 1,500 sf 1 per 300 sf (1) 180. Primary metal manufacturing (other than machinery, electronics, computers, or 1 per 1,500 sf 1 per 300 sf (1) furniture) 181. Quarry & mining operations 1 per employee N/A (1) 182. Recycling Centers 1 per 1,500 sf 1 per 300 sf (1) 183. Research and development offices 1 per 1,500 sf 1 per 300 sf (1) 184. Salvage Yards / Junk Yards, Recycling 1 per 1,500 sf of land area 1 per 300 sf of land area Centers, Auto and Scrap processing devoted to material storage devoted to material storage (1) 185. Sawmills or Planing Mills 1 per employee N/A (1) 186. Sawmills or Planing Mills, established as a temporary use, accessory to construction or 1 per employee N/A (1) related activities 187. Scrap metal collection and processing, including collection of aluminum cans, including outdoor operations or enclosed 1 per 1,500 sf 1 per 300 sf (1) buildings 188. Sign manufacturing, with indoor or outdoor storage 1 per 1,500 sf 1 per 300 sf (1) 189. Tanneries, rendering plants and factories manufacturing glue as their primary product 1 per 1,500 sf 1 per 300 sf (1) 190. Textile Mills & Apparel Manufacturing 1 per 1,500 sf 1 per 300 sf (1) 191. Tire recapping (may include sales) 1 per 1,500 sf 1 per 300 sf (1) 192. Tobacco Manufacturing 1 per 1,500 sf 1 per 300 sf (1) 193. Transportation equipment, automobiles, aircraft, boat, railroad, etc. 1 per 1,500 sf 1 per 300 sf (1) 194. Wood Products, (except furniture) 1 per 1,500 sf 1 per 300 sf (1) Warehousing and Storage Uses Page 267 of 372

268 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 8, Parking Key: "sf" means square feet of gross floor area, unless otherwise indicated. "Outdoor area" means the area outside of enclosed buildings or structures that area devoted to the use only, and does not include areas devoted to parking. "N/A" means not applicable. See 16-26, Table 26-1 of this Chapter for definitional references. Use Minimum Parking Spaces Maximum Parking Spaces Use Category for Loading Standards (see , Table 589-1; note: applies only if more than 5,000 square feet) 195. Above ground storage of flammable liquids/tank farms/petroleum bulk stations and terminals, for bulk distribution, wholesale sales or purposes other than immediate retail 1 per 1,000 sf 1 per 350 sf (2) sales, subject to compliance with all applicable state, federal and local statutes relating to fire and safety 196. Mini Warehouse 1 per 1,000 sf N/A (2) 197. Natural Gas Distribution, Flammable Liquid, Petroleum, Bulk Stations and 1 per 1,000 sf 1 per 350 sf (2) Terminals and Above Ground Storage 198. Outdoor Storage of construction equipment, generally 1 per 1,000 sf 1 per 350 sf (2) 199. Refrigerated warehouse or cold storage 1 per 1,000 sf 1 per 350 sf (2) 200. Storage of construction equipment, generally 1 per 1,000 sf 1 per 350 sf (2) 201. Storage of construction equipment, temporary, outdoor, incidental to construction 1 per 1,000 sf 1 per 350 sf (2) activities 202. Warehouse structures, generally 1 per 1,000 sf 1 per 350 sf (2) 203. Wholesale trade, generally, with operations conducted and merchandise stored entirely within a building and not otherwise 1 per 1,000 sf 1 per 350 sf (2) listed Arts, Recreation & Entertainment 204. Sexually oriented businesses 1 per 75 sf 1 per 50 sf (2) 1 per 6 seats or 600 sf of 1 per 4 seats or 600 sf of 205. Amphitheater, outdoor stage, bandstand, or outdoor entertainment area, outdoor entertainment area, similar structure whichever is greater whichever is greater (2) 206. Amusement or Theme Park Establishment 1 per 600 sf of outdoor 1 per 500 sf of outdoor entertainment area entertainment area (2) 207. Aquarium or Planetarium 1 per 600 sf 1 per 150 sf (2) 208. Community centers, meeting halls, community halls, reception halls, wedding 1.5 per 1000 sf 10 per 1000 sf (2) halls, for assembly and recreation 209. Drive-in theaters 1 per each viewing space the facility is designed to N/A (2) accommodate 210. Entertainment establishments, such as lounges, discos, nightclubs, private clubs, and 1 per 2 seats 1 per 1.5 seats (2) music or dance establishments 211. Exhibition, convention, or conference structure 1 per 6 seats 1 per 4 seats (2) 212. Fitness and recreational sports, gym, health spa, reducing salon, swimming pool/auditorium, racquet club or athletic club 1 per 650 sf 6 per 650 sf (2) (not otherwise listed) 213. Games of chance as defined in RSA 287-D and 287-E (Bingo & Lucky 7), but not 1 per 125 square feet 1 per 80 sf (2) including casinos 214. Golf courses, public and private 4 per hole 6 per hole (2) 215. Golf driving ranges 1 per tee 1 per tee (2) 216. Golf, miniature 1 per hole 2 per hole (2) 217. Historical association or society 1 per 250 sf 1 per 200 sf (2) Page 268 of 372

269 Article V, Development Standards Division 8, Parking Land Use Code City Of Nashua, New Hampshire Key: "sf" means square feet of gross floor area, unless otherwise indicated. "Outdoor area" means the area outside of enclosed buildings or structures that area devoted to the use only, and does not include areas devoted to parking. "N/A" means not applicable. See 16-26, Table 26-1 of this Chapter for definitional references. Use Minimum Parking Spaces Maximum Parking Spaces Use Category for Loading Standards (see , Table 589-1; note: applies only if more than 5,000 square feet) 218. Hunting and trapping, game retreats, game and fishing preserves N/A N/A (2) 219. Movie Theater 1 per 6 seats 1 per 4 seats (2) 220. Museums and art galleries 1 per 1,000 sf 1 per 500 sf (2) 221. Nonprofit day camp or other nonprofit camp N/A N/A (2) 222. Park and playgrounds operated on a noncommercial basis N/A N/A (2) 223. Performance Theaters (outdoor) 1 per 6 seats 1 per 4 seats (2) 224. Performance Theaters or auditoria (indoor) 1 per 6 seats 1 per 4 seats (2) 225. Private clubs, including country clubs, athletic clubs, lodges, fraternal organizations, and swimming clubs on a noncommercial 1 per 3 person N/A (2) membership basis 226. Recreation or amusement enterprises conducted inside or outside a building for profit, not otherwise listed 1 space per 6 seats or 600 sf outdoor entertainment area, whichever is greater 1 per 4 seats or 600 sf of outdoor entertainment area, whichever is greater 227. Recreation, indoor commercial (e.g., bowling alley, billiards, pool) 1 per 650 sf 3 per 650 sf (2) 228. Recreation, outdoor commercial 1 per 600 sf outdoor area 1 per 500 sf outdoor recreation area (2) 229. Recreational vehicle parks/campgrounds 1 per campsite N/A (2) 230. Skating Rink - Ice Or Roller Skating 20 per athletic field or 1 per 4 30 per athletic field or 1 per 2 seats, whichever is greater seats, whichever is greater (2) 231. Sports stadiums, arenas, coliseums, or assembly halls 1 per 4 seats 1 per 2 seats (2) 232. Studios for artists, designers, musicians, photographers, sculptors (not as home 1 per 300 sf 1 per 200 sf (2) occupation) 233. Theaters (outdoor) 1 per 6 seats 1 per 4 seats (2) 234. Theaters or auditoria (indoor) 1 per 6 seats 1 per 4 seats (2) 235. Zoos, botanical gardens, & arboreta 1 per 1,500 feet of outdoor area plus 1 per employee during longest shift 2 per 1,500 feet of outdoor area plus 1 per employee during longest shift Education, Public Administration, Health Care, and Institutional 236. Ambulance service 1 per 200 sf N/A (2) 237. Cemeteries, public and private; may include mausoleum N/A N/A (2) 238. Churches, synagogues, parish houses, Sunday school buildings, convents and similar uses and their customary uses including child 1 per 8 seats 1 per 1.5 seats (2) care on the premises during worship services 239. City equipment garage N/A N/A (2) 240. City or non-profit indoor recreational 1 per 650 sf 3 per 650 sf (2) facility on city-owned land 241. Civic, Social, and Fraternal Organizations, including community centers, meeting halls, community halls, reception halls, wedding halls, for assembly and recreation 1 space per each 3 seating accommodations, plus 1 space per each 2 employees on longest shift 1 space per each seating accommodation, plus 1 space per each employee on longest shift 242. Clubs and lodges, private & non-profit, including social, fraternal, social service, 1 per 3 person N/A (2) union and civic organizations 243. Community food services 1 per 300 sf 1 per 200 sf (2) 244. Correctional facilities 1 per employee on longest 1.5 per employee on (2) (2) (2) (2) Page 269 of 372

270 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 8, Parking Key: "sf" means square feet of gross floor area, unless otherwise indicated. "Outdoor area" means the area outside of enclosed buildings or structures that area devoted to the use only, and does not include areas devoted to parking. "N/A" means not applicable. See 16-26, Table 26-1 of this Chapter for definitional references. Use 245. Crematorium & Embalming shift Minimum Parking Spaces 1 per employee on longest shift Maximum Parking Spaces maximum shift, 1 per service vehicle 1.2 per employee on longest shift Use Category for Loading Standards (see , Table 589-1; note: applies only if more than 5,000 square feet) 246. Day Care facility, Adult, with no medical services 1 per 375 sf 1.5 per 375 sf (2) 247. Day Care facility, Child 1 per 375 sf 1.5 per 375 sf (2) 248. Day Care facility, Child, located within 500 feet of any LB, GB, D or HB district 249. Fire, sheriff, and emergency services 1 per 200 sf N/A (2) 250. Funeral homes 1 per 60 sf of seating area 2 per 60 sf of seating area (2) 251. Government offices or other governmental civic uses or facilities such as courts and city or town halls, not including city equipment garage 1 per 1,000 sf 1 per 125 sf GFA (2) 252. Hospitals, principally devoted to the provision of psychiatric or psychological 1 per 400 sf N/A (2) services 253. Hospitals, sanitariums 1 per 400 sf N/A (2) 254. Libraries 1 per 300 sf 1.5 per 300 sf (2) 255. Medical and dental clinics or offices, ambulatory or outpatient care, family planning 1 per 400 sf N/A (2) and care, and blood or organ banks 256. Post office 1 per 400 sf 1 per 125 sf (2) 257. Schools, continuance, alternative, adult, colleges and universities, and technical, trade, and other specialty schools 258. Schools, academic, nursery and preschool, grade schools, elementary, middle, and high school 259. Schools, art, music, dance, dramatics, or other fine arts 260. Schools, specialty including beauty, business management, computer training, driving education, flight training (not including airports, helipads, heliports, or runways), and sports or recreation education 261. Social assistance, welfare and charitable services, do not offer accommodations or residential services (not otherwise listed) Transportation, Communication, Information, and Utilities 262. Airfield, General Aviation 263. Airports, Heliports, and Support Establishments 264. Automobile towing with incidental storage, excluding Salvage Yards & Junkyards 1 per 200 sf or 1 per 4 students, whichever is greater 1 per 150 sf or 1 per 2 students, whichever is less 1 per classroom 2 per classroom (2) 1 per 200 sf or 1 per 4 students, whichever is greater 1 per 200 sf or 1 per 4 students, whichever is greater (2) (2) 1 per 150 sf (2) 1 per 150 sf (2) 1 per 300 sf 1 per 125 sf (2) 1 per 4 seating accommodations for waiting passengers plus 0.5 per employee 1 per 4 seating accommodations for waiting passengers plus 0.5 per employee N/A (2) N/A (2) 1 per 1,000 sf N/A (2) Page 270 of 372

271 Article V, Development Standards Division 8, Parking Land Use Code City Of Nashua, New Hampshire Key: "sf" means square feet of gross floor area, unless otherwise indicated. "Outdoor area" means the area outside of enclosed buildings or structures that area devoted to the use only, and does not include areas devoted to parking. "N/A" means not applicable. See 16-26, Table 26-1 of this Chapter for definitional references. Use Minimum Parking Spaces Maximum Parking Spaces Use Category for Loading Standards (see , Table 589-1; note: applies only if more than 5,000 square feet) 265. Bus passenger stations/terminals/shelters 1 per 4 seating accommodations for waiting passengers plus 0.5 per N/A (2) employee 266. Bus/Truck maintenance, including repair and storage 1 per 1,000 sf N/A (2) 267. Freight terminals & truck terminals 1 per 1,000 sf N/A (2) 268. Parking lots, surface N/A N/A (2) 269. Parking lots, underground N/A N/A (2) 270. Parking structures N/A N/A (2) 271. Railroad freight yards, repair shops/sheds and marshalling yards N/A N/A (2) 272. Taxi and Limousine Service N/A N/A (2) Utility Uses & Structures 273. Communication Antennas or telephone repeater stations (not including N/A N/A (2) telecommunications towers) 274. Compost Facility 1 per employee during the largest shift N/A (2) 275. Environmental monitoring stations N/A N/A (2) 276. Gas or electric generation distribution facilities, compressor stations, or substations N/A N/A (2) 277. Hazardous waste facility as defined in RSA 147-C:1 (subject to RSA Chapter 147-C) N/A N/A (2) 278. Power generation plants 1 per employee during the largest shift N/A (2) 279. Public utility storage and service yards 1 per employee during the largest shift N/A (2) 280. Radio / Television Station With 1 per employee during the Transmitter Tower largest shift N/A (2) 281. Radio and TV stations and studios with no 1 per employee during the Transmitter Tower largest shift N/A (2) 282. Sanitary landfill 1 per employee during the largest shift N/A (2) 283. Sewage treatment plant, pump stations, or 1 per employee during the lift stations largest shift N/A (2) 284. Solid waste facility (as defined in RSA 1 per employee during the 149-M:4) (subject to RSA Chapter 149-M) largest shift N/A (2) 285. Telecommunication towers N/A N/A (2) 286. Utility lines (including electric lines, phone and cable lines, distribution circuits, gas and fuel lines, water lines, steam and air N/A N/A (2) conditioning lines, irrigation channels, and sewer and waste water lines) 287. Water supply facilities including pump stations, dams, levees, culverts, water tanks, wells, treatment plants, reservoirs, and other N/A N/A (2) irrigation facilities Agriculture 288. Agricultural uses including raising crops, livestock, orchards, forestry, and related uses N/A N/A N/A unless otherwise listed in this matrix 289. Animal Production and Support Services N/A N/A N/A 290. Forestry, Commercial N/A N/A N/A Page 271 of 372

272 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 8, Parking Key: "sf" means square feet of gross floor area, unless otherwise indicated. "Outdoor area" means the area outside of enclosed buildings or structures that area devoted to the use only, and does not include areas devoted to parking. "N/A" means not applicable. See 16-26, Table 26-1 of this Chapter for definitional references. Use Minimum Parking Spaces Maximum Parking Spaces Use Category for Loading Standards (see , Table 589-1; note: applies only if more than 5,000 square feet) 291. Forestry, noncommercial, and growing of all vegetation, N/A N/A N/A 292. Greenhouses, commercial 1 per 500 sf 2 per 500 sf N/A 293. Hatcheries and poultry houses N/A N/A N/A 294. Hunting and trapping, game retreats, game and fishing preserves N/A N/A N/A 295. Kennels, animal pounds and shelters 1 per 500 sf 2 per 500 sf N/A 296. Livestock sales, and markets 1 per employee on longest shift N/A N/A 297. Riding academies/stables (commercial) 1 per 1,500 sf N/A N/A 298. Stable, Accessory to Dwelling N/A N/A N/A 299. Stable, Commercial 1 per 1,500 sf N/A N/A 300. Support functions for agriculture including farm and farm labor management services; spraying, dusting, and other related services; N/A N/A N/A and crop harvesting and post harvest crop activities (including drying, siloing, etc.) 301. Temporary greenhouses or stand for retail sale of agricultural or farm products raised N/A N/A N/A primarily on the same premises 302. Agricultural uses including raising crops, livestock, orchards, forestry, and related uses N/A N/A N/A unless otherwise listed in this matrix Signs N/A N/A N/A Temporary buildings, incidental to development N/A N/A N/A Home Occupations N/A N/A N/A 303. Major home occupation N/A N/A N/A 304. Minor home occupation N/A N/A N/A to Reserved Page 272 of 372

273 Article V, Development Standards Division 9, Parks, Recreation and Civic Spaces Land Use Code City Of Nashua, New Hampshire Division 9. Parks, Recreation, and Civic Spaces Purpose: Parks and open space provide a valuable asset to the urban form of the City, its historical development, and the general welfare of its residents. It is the intent of this Section that parks and open space should provide focal points for new communities. A central square or green, for example, may comprise a majority of the area required for dedication. The standards of this Division ensure that all designated parks and/or open space has suitable size, location, dimension, topography and general character, and proper road and/or pedestrian access. This section implements the following Master Plan recommendations: A. Encourage the protection of wildlife habitats through improved land use regulations (Conservation Element). B. Ensure that an adequate amount of open space is set aside for the enjoyment of citizens, as a relief from the built environment, and as wildlife habitat (Conservation Element). C. Require developers to set aside adequate amounts of accessible and usable recreational land within subdivisions and on large non-residential tracts, where advisable, through the subdivision and site plan approval processes. (Conservation Element) Applicability (a) This section shall applies to any application for subdivision plan or site plan approval encompassing at least ten ( 10) acres, unless exempt pursuant to subsection (c), below. (b) The location and extent of Parks and/or Open Space shall be indicated on any Design review or Concept Plan. (c) This Section does not apply to any Subdivision not exceeding three (3) lots, and where the parent parcel is not under common ownership with an abutting parcel that can be subdivided; or Required Open Space, Parks or Civic Space (a) Required open space, parks or civic space shall be reserved at a ratio of 700 square feet per dwelling unit for residential zoning districts, or that portion of mixed use development containing Dwelling Units. (b) In order to ensure that spaces required by this action are accessible and provide value to the subdivision residents, required open space, parks or civic space shall: (1) have direct access to a public street or to a private street maintained by a Homeowners Association or Condominium Association; and (2) include at least forty (40) feet of frontage on a public or private street; and (3) for passive open space, shall include trails, park benches, and similar facilities needed for common access; and (4) for active open space, shall include playground equipment, golf courses, bicycle trails, baseball or softball fields, football or soccer fields, basketball courts, tennis courts, picnic areas, playgrounds, or landscaped sitting areas. Page 273 of 372

274 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 9, Parks, Recreation and Civic Spaces (5) for passive open space, shall include resource-based recreation facilities such as boating, fishing, camping, enhancement areas, nature trails, nature study, or trails. (c) The Planning Board may approve lots that do not conform to the dimensional standards of the zoning regulations exclusively for conservation purposes see Maintenance and Preservation (a) Generally Land designated as a park or open space shall be maintained as a park or open space and may not be separately sold, subdivided, or developed except as provided below. Natural Areas, Greenways or Greenbelts shall not be cleared except as needed to provide Trails as permitted by , Table Areas designated as common open space shall not be subdivided, but shall be shown as a Park or Open Space on a plan or a site plan. Common open space areas may be owned, preserved, and maintained by any of the mechanisms described in subsections (c) through (h) below, or combinations thereof. The instruments creating the dedication, homeowners association, condominium association, easement, transfer, or improvement district shall be provided with the application for subdivision plan approval. (b) Common Open Space Plan A Common Open Space Plan shall be submitted as a part of the application for development approval including the project phasing schedule. This plan shall designate and indicate the boundaries of all proposed parks or open-space required by this Section. The plan shall: Designate areas to be reserved as a park or open space. (1) Designate the type of park or open space which will be provided. (2) Specify the manner in which the park or open space shall be perpetuated, maintained, and administered. (c) Dedication of Land to City Dedication of the park or open space to the City shall satisfy the requirements of this subsection. Dedication shall take the form of a fee simple ownership. The City shall accept undivided parks and/or open space provided: (1) such land is accessible to the residents of the City; and (2) there is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance. (d) Homeowner s Association (1) Common ownership of the parks and/or open space may be assumed by a permanent homeowner's association that accepts full responsibility for its maintenance. The restrictive covenants shall provide that, in the event that any private owner of parks and/or open space fails to maintain same according to the standards of this Chapter, the Board of Aldermen may, following reasonable notice and demand that deficiency of maintenance be corrected, enter the parks and/or open space to maintain same. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the parks and/or open space. The association shall be formed and operated under the following provisions: A. The developer shall provide a description of the association, including its bylaws and methods for maintaining the parks and/or open space. B. The association shall be organized by the developer and shall be operated with a financial subsidy from the developer, before the sale of any lots within the development. Page 274 of 372

275 Article V, Development Standards Division 9, Parks, Recreation and Civic Spaces Land Use Code City Of Nashua, New Hampshire C. Membership in the association shall be automatic (mandatory) for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified. D. The association shall be responsible for maintenance of insurance and taxes on undivided parks and/or open space. The homeowners association shall be authorized under its bylaws to place liens on the property of residents who fall delinquent in payment of such dues or assessments. Such liens may require the imposition of penalty interest charges. Should any bill or bills for maintenance of undivided parks and/or open space by the City be unpaid by November 1 of each year, a late fee of fifteen percent (15%) shall be added to such bills and a lien shall be filed against the premises in the same manner as other municipal claims. E. A proposed operations budget and plan for long term capital repair and replacement of the parks or open space shall be submitted with the conditional plan. The members of the association shall share the costs of maintaining and developing such undivided parks and/or open space. Shares shall be defined within the association bylaws. The operations and budget plan shall provide for construction of any improvements relating to the parks and/or open space within three (3) years following recordation of the plan. F. In the event of a proposed transfer, within the methods here permitted, of undivided parks and/or open space land by the homeowners association, notice of such action shall be given to all property owners within the development. G. The association shall have or hire staff to administer common facilities and properly and continually maintain the undivided parks and/or open space. (2) The homeowners association may lease parks and/or open space lands to any other qualified person, or corporation, for operation and maintenance of park and/or open space lands, but such a lease agreement shall provide: (1) that the residents of the development shall at all times have access to the park and/or open space lands contained therein; (2) that the undivided parks and/or open space to be leased shall be maintained for the purposes set forth in this Chapter; and (3) that the operation of parks and/or open space facilities may be for the benefit of the residents only, or may be open to the residents of the City, at the election of the developer and/or homeowners association, as the case may be. The lease shall be subject to the approval of the board and any transfer or assignment of the lease shall be further subject to the approval of the board. Lease agreements so entered upon shall be recorded with the Recorder of Deeds within thirty (30) days of their execution and a copy of the recorded lease shall be filed with the City. (3) Failure to adequately maintain the undivided parks and/or open space in reasonable order and condition constitutes a violation of this Chapter. The City is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any violation, directly the owner to remedy the same within thirty (30) days. (e) Condominiums The undivided parks and/or open space and associated facilities may be controlled through the use of permanent condominium agreements, approved by the City. Such agreements shall be in conformance with the RSA Chapter 356. All undivided parks and/or open space land shall be held as a common element. Page 275 of 372

276 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 9, Parks, Recreation and Civic Spaces A proposed operations budget and plan for long term capital repair and replacement shall be submitted with the Application for Development Approval. (f) Dedication of Easements The City may, but shall not be required to, accept easements for public use of any portion or portions of undivided parks and/or open space land, title of which is to remain in ownership by condominium or homeowners association, provided: (1) such land is accessible to City residents; (2) there is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and (3) a satisfactory maintenance agreement is reached between the developer, condominium or homeowners association, and the City. Land dedicated as a Natural Area, Greenway, or Greenbelt shall be subject to a duly executed conservation restriction meeting the requirements of and enforceable in accordance with RSA 477:45, which easement shall be unlimited in duration. (g) Transfer of Easements to a Private Conservation Organization An owner may transfer perpetual easements to a private, nonprofit organization, among whose purposes it is to conserve parks and/or open space and/or natural resources (such as a land conservancy), provided that: (1) the organization is a bona fide conservation organization with perpetual existence; (2) the organization is financially capable of maintaining such parks and/or open space; (3) the conveyance contains legally enforceable provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; (4) the organization shall provide a proposed operations budget and plan for long term capital repair and replacement; and (5) a maintenance agreement is entered into by the developer and the organization. (h) Improvement Districts A special assessment district adopted pursuant to RSA 49-C:25 et seq to Reserved Page 276 of 372

277 Article V, Development Standards Division 10, Street Design and Transportation Land Use Code City Of Nashua, New Hampshire Division 10. The purpose of these regulations is to: Street Design and Transportation A. Ensure that the design of streets conforms to the recommendations of the Nashua Master Plan. B. Provide for the safety for both vehicular and pedestrian or non-vehicular traffic. C. Provide for liveable residential and commercial environments. D. Provide economy of land use, construction, and maintenance. E. Provide safe and efficient access to property. Unlike the situation in traditional subdivision regulations, one intent of this Section is to permit narrower Street widths while requiring greater connectivity in order to more efficiently disperse traffic, protect pedestrians from high vehicular speeds, and to enhance the Streetscape. This Division implements the following Master Plan recommendations: (1) Ensure that new subdivision roads tie into the existing road network in a way that eases the flow of traffic and encourages the optimal distribution of trips throughout the City. (2) Separate through traffic from local traffic to the maximum extent possible. (3) Seek to implement techniques such as traffic calming measures as a preferred alternative to more traffic signals and stop signs. (4) Ensure adequate on and off site traffic circulation associated with commercial development. (5) Minimize curb cuts on collector and arterial roads. (6) Ensure that every neighborhood in the City has access to schools, community centers, parks and open space areas via sidewalks or other trails. (7) Encourage pedestrian-oriented, mixed-use neighborhoods as new subdivisions and developments are proposed. (8) Ensure proper site planning in order to accommodate uses with a high level of pedestrian activity. (9) Adopt standard designs for sidewalks to be included in subdivision regulations and in the site plan review process Applicability Street design standards apply to applications for subdivision approval or to site plans involving the construction of public or private streets. Access management and driveway standards apply to both subdivision plans and site plans Required Improvements and Circulation System Design Principles The standards of this Article are based on the following design principles. The intent of this section is to explain the rationale for the standards of this Article, rather than to impose independent standards for subdivision plan or site plan approval. However, any request for a waiver from this Article shall include an explanation of how the alternative standards proposed by the applicant relate to the principles discussed below. (a) Generally The arrangement and coordination of streets shall be considered in their relation to existing or planned streets, topographical conditions, public convenience and safety, the preservation of natural character features, inclusion of pedestrian amenities, and the proposed uses of the land to be served by such streets and shall conform to the official map and the Master Plan. Page 277 of 372

278 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 10, Street Design and Transportation (b) Acceptance of Streets See NRO and (c) Required Improvements (1) Applicants for subdivision plan approval shall provide internal street improvements as required by this Division. (2) Where a proposed development subject to subdivision or site plan approval borders on or contains a limited-access highway right-of-way, a railroad right-of-way, or an open watercourse, the board may require a street approximately parallel to and on one (1) side of such right-of-way or watercourse, at a distance suitable for the appropriate use of the intervening land for park, residential, commercial, industrial or other purpose. Such distance shall also be determined with due regard for the requirements of approach grades and future intersection grade separations. (d) Circulation System Design Principles (1) The street system shall respect the function of streets as the shared domain of drivers, pedestrians, and bicyclists. Street widths shall be adequate to accommodate vehicles and emergency services, but not excessively wide so as to encourage speeding. The street system shall incorporate pedestrian amenities such as sidewalks, center medians, landscaping, street trees, and narrow intersection radii so as to improve the walkability of the streetscape. (2) The street network shall respect the context of the land use and design of the neighborhood it serves. (3) The street system shall balance the public goal of connectivity with market demands for privacy. (4) The Street system shall be designed to permit the safe, efficient, and orderly movement of traffic; to meet, the needs of the present and future population served; to have a simple and logical pattern; to respect natural features and topography; and to present an attractive streetscape. (5) In residential subdivisions, the Street system shall be designed to serve the needs of the neighborhoods while addressing the needs of the citywide circulation pattern necessary to functionally move traffic. (e) Street Hierarchy Purpose: This Section provides guidelines whereby streets can be classified in a street hierarchy system with design tailored to function. (1) This subsection applies only to applications for subdivision approval. (2) The street hierarchy system shall fall into a four-category grouping that, in descending order, includes principal arterial, minor arterial, collector, and local streets. These streets may be classified further as Alleys, Lanes, Local Streets, Conservation Streets, Avenues, Main Streets, Boulevards, and Parkways in accordance with the Street Design Criteria, Table 571-1, below. Classification of an existing or proposed street not already identified in the Master Plan or an adopted Major Street Plan, for the purpose of determining the appropriate design of a Street or development, or for the purpose of determining the appropriateness of a location for a proposed use, shall be done by the Administrative Page 278 of 372

279 Article V, Development Standards Division 10, Street Design and Transportation Land Use Code City Of Nashua, New Hampshire Officer in consultation with the City Engineer. The functional description of each of these classes is as set forth in Table (3) All streets shall conform to the geometric design standards in These requirements apply to both public and private streets. (4) This section applies to internal streets and offsite improvements. The Planning Board may waive the requirements of this section where compliance would not be consistent with the purposes of this section based on topographical conditions, natural or man-made barriers, or similar conditions. Table Street Classification Class Principal Arterial Minor Arterial Collector Definition Provides corridor movement suitable for substantial statewide or interstate travel and provides continuity for all rural arterials that intercept the urban area. Serves the major traffic movements within urbanized areas such as between central business districts and outlying residential areas, between major intercity communities, or between major suburban centers. Serves a major portion of the trips entering and leaving the urban area, as well as the majority of the through traffic desiring to bypass the central city. Serves trips of moderate length at a somewhat lower level of travel mobility than principal arterials. Provides access to geographic areas smaller than those served by the higher system. Provides intra-community continuity, but does not penetrate identifiable neighborhoods. Collects traffic from local roads and channels it into the arterial system. Provides land access and traffic circulation within residential neighborhoods, commercial and industrial area. Local Comprises all facilities not on higher systems. Provides access to land and higher systems. Through traffic usage discouraged. Source: Nashua 2000 Master Plan, Transportation Element, Functional Classification System (page X-65). Page 279 of 372

280 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 10, Street Design and Transportation Geometric Design (a) Applicability This subsection applies only to applications for subdivision approval. The Planning Board may approve reductions in the pavement widths specified in this paragraph if it deems that the deviation shall be in keeping with the surrounding area or neighborhood. (b) Curbs Purpose: Curbing shall be required for the purpose of drainage, safety, and delineation and protection of the pavement edge. Curbing is required: For storm water management To stabilize pavement edge To delineate parking areas Ten (10) feet on each side of drainage inlets At intersections and at tight radii Curbing shall be designed to provide a ramp for wheelchairs as required by federal law. Curbing shall be constructed according to the Board of Public Works Specifications. The developer shall construct granite slope curbs on each side of the required Street. Such curbs shall be backfilled opposite the street side with either gravel, lawn or sidewalk to the top of the curb grade, extending back a minimum of three (3) feet. The developer shall also be responsible for the provision of water mains, manholes, sanitary sewers and catch basins. (c) Pavement Section Street grade and intersection requirements, and pavement thickness shall comply with the Board of Public Works Specifications, which document is hereby incorporated by this reference. (d) Sight Distance All season safe sight distance is defined as a line which encounters no visual obstruction between two (2) points, each at a height of three feet nine inches (3 9 ) above the pavement, and 10-feet back from the road pavement as to represent the critical line of sight between the operator of the vehicle using the access and the operator of vehicle approaching from either direction. Safe sight distance shall be compatible with the average observed speed during a normal workday on the street as indicted in Tables 612-1, 612-2, and 612-3, below: Comment: see 16-27(k) for setback standards. See (b) for standards relating to the design of access points. Page 280 of 372

281 Article V, Development Standards Division 10, Street Design and Transportation Land Use Code City Of Nashua, New Hampshire Table Intersections Posted Speed (mph) Minimum Intersection Sight Distance: Stop Sign and Signal Controlled (1) Sight Distance (ft.) (2) 4-5 Lane Stop Control (2) 2-3 Lane Stop Control (3) 2-5 Lane Signal Control , ,150 Source: adapted from AASHTO, A Policy on Geometric Design of Highways and Streets, All units rounded for design. Rules of Interpretation for Table 612-1: (1) Measured along the center of the approaching travel lanes, as observed from a point 15 feet back from the edge of traveled way. And, measured from an eye height of 3.5 feet to a height of approaching object of 4.25 feet. (2) Sight distance for a vehicle turning left into a two-lane or four-lane roadway across a vehicle approaching from the left or right. (3) Sight distance for a vehicle turning right into a two or four-lane roadway and attain 85% of design speed without being overtaken by a vehicle approaching from the left and reduced to 85% of design speed. Table Minimum Intersection Sight Distance: Yield and Uncontrolled Intersections Posted Speed Sight Distance (ft.) (1)(2) (mph) Major Street Minor Street Source: adapted from AASHTO, A Policy on Geometric Design of Highways and Streets, All units rounded for design. Rules of Interpretation for Table 612-2: (1) Measured along the center of the approaching travel lanes. And, measured from an eye height of 3.5 feet to a height of approaching object of 4.25 feet. (2) If minimum sight distance requirements cannot be obtained because the cost to do so is prohibitive, other traffic control devices must be used to stop vehicles on one or both roads. Table Minimum Stopping Sight Distance (Approval by City Engineer or Designee Required) Posted Stopping Sight Distance (ft.) (1) Speed (mph) - 9% - 6% - 3% Level + 3% + 6% + 9% Source: adapted from AASHTO, A Policy on Geometric Design of Highways and Streets, All units rounded for design. Page 281 of 372

282 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 10, Street Design and Transportation Rules of Interpretation for Table 612-3: (1) Measured along the center of the approaching travel lanes, as observed from a point 15 feet back from the edge of traveled way. And, measured from an eye height of 3.5 feet to a height of approaching object of 4.25 feet. (e) Cul-de-Sac or Dead-End Streets (1) Dead-end or cul-de-sac streets designed to be permanently closed at one (1) end shall not exceed seven-hundred fifty (750) feet in length. The distance of the cul-de-sac shall be measured from the edge of the right of way for the through road and the center point of the turnaround at the end of the cul-de-sac. A through road means a road with more than one access. Right-of-way Cul-de-sac Through road (2) In extreme cases where there are existing limitations which prevent the construction of a second legal means of access to a tract of land, the Planning Board may grant a further waiver to the seven-hundred-fifty-foot maximum length of a cul-de-sac or dead-end street if it determines that a reasonable second means of emergency access will be provided and maintained to the property. This emergency access shall be cleared to a minimum width of twenty (20) feet and parking prohibited on it. The emergency access shall be maintained by a homeowners association unless the City formally accepts the improvement. The board may also require a divided pavement of at least sixteen (16) feet in either direction with a wider right-of-way, if necessary, provided for improved access to the properties along it. Cul-de-sac length 71' Pavement Width (3) Closed ends of cul-de-sac streets shall be provided with a radial-shaped turnaround having a minimum right-of-way radius of sixty (60) feet and a minimum radius to the outside edge of pavement or curb of fifty (50) feet. Cul-de-sacs that have no potential for future extension may have a permanent area in the center of the turnaround which shall be suitably landscaped by the developer prior to street acceptance in which case the minimum radius to the inside edge of pavement or curb shall be thirty (30) feet. A covenant, or other suitable legal instrument, shall be placed on property deeds to all lots abutting the cul-de-sac turnaround indicating that the owners of such lots shall maintain the landscaped area. In cases where the center landscaped area is to be owned and maintained by a homeowners or other appropriate organization, the minimum radius to the inside of the right-of-way shall be twenty (20) feet. Cul-de-sacs which have the potential for future extension need not have landscaped central areas installed but instead shall have a minimum fifty-foot radius paved turnaround area. (4) Tee (T) or ell (L) shaped turnarounds at the closed end of a dead-end street, in lieu of a radial shape, are not permitted unless: (1) under unique and extreme circumstances of land ownership, topography or lot layout, the design would provide greater traffic safety, and (2) the Fire Department certifies that the design would increase response times or create a fire safety hazard. If permitted, the design conforms to the Board of Public Works Specifications. In such cases the minimum turnaround right-of-way width shall be forty (40) feet with a pavement width of fifteen (15) feet. (5) Turnaround requirements of this subsection may be waived in whole or in part by the Planning Board for streets of record prior to the adoption of the subdivision regulations of Page 282 of 372

283 Article V, Development Standards Division 10, Street Design and Transportation Land Use Code City Of Nashua, New Hampshire the city, where the unavailability of sufficient land or other factors peculiar to the proposed subdivision would prevent such requirements from being met. (f) Lighting The developer shall be responsible for and shall bear any costs associated with the installation of street lighting facilities. Such facilities shall be installed and spaced in accordance with requirements of Article III, Division 8 with guidance from the generally accepted practices as established by the Illuminating Engineering Society of North America, "American National Standard and Practice for Street Lighting" (ANSI/IES RP-8, 1977) Access Points and Curb Cuts Purpose: this Section establishes requirements for ingress, egress openings in concrete, street curbing, commonly referred to as "curb cuts" as well as other means of vehicular access to and from private property shall be regulated in accordance with the following requirements. (a) Size and Design of Curb Cuts and Other Access Point (1) Curb cuts or driveway approaches shall have minimum and maximum width as follows for two-way driveway as follows, including two (2) foot shoulders: Table Size of Curb Cuts Minimum Width Maximum Width 1-way 12 feet 15 feet 2-way (includes two 2-foot shoulders 24 feet 36 feet (2) Driveways with four or more lanes planned shall include a planted medians in order to reduce the visual impact of pavement. (3) Driveways crossing a sidewalk shall maintain and continue the sidewalk, including the sidewalk pavement and texture. (4) The inside turning radii shall be a minimum of fifteen (15) feet and a maximum of thirty (30) feet and meet the minimum and maximum requirements of Table Table Inside Turning Radii Land Use Minimum Inside Turning Radii (feet) Maximum Inside Turning Radii (feet) Residential Only Commercial/Industrial Mixed Uses (b) Sight Distance See (d), above. (c) Driveways on corner lots Driveways on corner lots shall be located a minimum of fifty (50) feet from an intersection. Page 283 of 372

284 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 10, Street Design and Transportation (d) Driveway Throat Length Driveway throat length shall be measured from the edge of the property line to the end of the driveway. The end of the driveway means the point at which a lane or opening in the driveway permits vehicles to enter or exit the driveway lanes. A minimum driveway throat length of twenty-five (25) feet shall be required. Where warranted, the Planning Board may require additional distance. The purpose of the driveway throat length is to allow for traffic entering the site to be stored on site in order to avoid a queue of traffic on the street causing delays and potentially hazardous situation. (e) Driveway Approach Angle The angle of the driveway approach shall be approximately ninety (90) degrees for two-way driveways and between sixty (60) and ninety (90) degrees for one-way driveways. (f) Shared Access (1) Parking lots for single tenant commercial developments shall utilize shared driveways and shall contact adjacent property owners to obtain access easements. At the time of planting or site plan approval, each development shall extend the easement to the next property. The Planning Board may waive this requirement if it determines that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the by the Planning Board. (2) Wherever a proposed development abuts unplanted land or a future development phase of the same development, stubs-out shall be installed in order to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with temporary turn-arounds or cul-de-sacs. The restoration and extension of the street shall be the responsibility of any future developer of the abutting land. These standards may be waived by the Administrator where specific finding is made that: (1) the peculiar nature of the property results in practical difficulties or unnecessary hardships that impede carrying out the strict letter of the requirement, (2) the property will not yield a reasonable return or cannot be put to reasonable use unless relief is granted, and (3) balancing the public interest in enforcing the setback requirements and the interest of the owner, the grant of relief is required by considerations of justice and equity. (3) Multi-tenant developments shall provide a central drive entrance. Each development shall provide an "entrance throat" that will direct traffic and provide for stacking space at intersections with the corridor. This limited access will permit the City and State to control traffic at this location. The development shall extend access to adjacent properties in order to control access to the corridor. Page 284 of 372

285 Article V, Development Standards Division 10, Street Design and Transportation Land Use Code City Of Nashua, New Hampshire Reserved Intersections and Layout (a) Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than seventy-five (75) degrees. (b) Property lines at street intersections shall be rounded with a radius of at least twenty (20) feet. The Planning Board may require a greater, or allow a lesser, radius whenever lot layout, safety and convenience will be served. (c) Street jogs with centerline offsets of less than one hundred seventy-five (175) feet shall be avoided. (d) A tangent shall be included between reverse curves on all but residential streets. The length of the tangent shall comply with the requirements of AASHTO, A Policy on Geometric Design of Highways and Streets (1994), but in no case shall be less than hundred (100) feet long. (e) When connecting street lines deflect from each other at any one (1) point by more than ten (10) degrees, they shall be connected by a curve with a radius adequate to insure a safe sight distance. (f) Street bounds shall be placed at all street intersections, points of curves, angle points and at intermediate points as shall be required by the city engineer, and shall be of such material, size and length as prescribed by the city engineer Private Streets (a) Applicability See (Frontage). (b) Design Standards The design standards and construction specifications of private Streets shall be the same as for public Streets, subject to the additional requirements established below. (c) Certification Upon completion of construction, the applicant shall provide the City Engineer with written a certification signed by a licensed professional engineer certifying that the private Streets and sidewalks (as applicable) were designed and installed as required by the provisions of this Chapter. In the case of lots with no frontage, access for vehicles, utilities and emergency vehicles shall be insured through the use of common area agreements or private easements. The minimum width of access easements shall conform to Page 285 of 372

286 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 10, Street Design and Transportation (d) Maintenance (1) Private Streets and sidewalks shall be owned and maintained by a homeowners association, corporation, community association, or other legal entity established for this purpose. No subdivision or site plan proposing a private street shall be approved unless documents establishing the entity are provided to the Planning Board. A street maintenance agreement to assure private responsibility of future maintenance and repair shall be approved as to form and content by the City Attorney and shall be recorded with the deed of each property to be served by a common private street. The agreement shall provide for: A method to initiate and finance a private street and maintain that street in good condition; A method of apportioning maintenance costs to current and future users; A provision that the City may inspect and, if necessary, require that repairs be made to the private street to ensure that safe access is maintained for emergency vehicles. If required repairs are not made within six months of date of notice, the City may make the necessary repairs and assess owners of parcels on the street for the cost of all improvements plus an administrative fee, not to exceed 25% of total costs; A provision that the majority vote of all property owners on the street shall determine how the street is maintained except in the case of emergency repairs as outlined above; A statement that no public funds shall be used to construct repair or maintain the street; A provision requiring mandatory upgrading of the street if additional parcels are added to reach the specified thresholds; and A provision that property owners along that street are prohibited from restricting or in any manner interfering with normal ingress and egress by any other owners or persons needing to access properties with frontage on that street. (2) All purchasers of property served by a private street shall, prior to final sale, be notified that the property receives access from a private street that shall be maintained collectively by all property owners along that street; that the City shall not be held responsible for maintaining or improving the private street; and that a right-of-way easement to provide the only access to that property has been recorded in the deed for that property. (3) By approving private streets, the City does not assume any liability for snow plowing or other maintenance items, or for any injuries, damages, or related liabilities associated with maintenance of the streets. All such responsibilities and liabilities shall remain with the landowner or homewowners association Sidewalks and Pedestrian Rights-of-Way (a) Location (1) Sidewalks shall be located on at least one side of the street. In standard single-family developments, sidewalks shall be placed parallel to the street, with exceptions permitted to preserve natural features or to provide visual interest. In planned developments, sidewalks may be placed away from Street systems, but they may also be required parallel to the street for safety reasons. The Planning Board may require sidewalks on both sides of the street on high volume, collector or arterial streets. (2) Sidewalks may be placed directly over a portion of the utility easement; and/or behind the planted area provided for street trees. Page 286 of 372

287 Article V, Development Standards Division 10, Street Design and Transportation Land Use Code City Of Nashua, New Hampshire (3) For Parkways, the sidewalks shall take the form of multi-use trails that may meander at a distance of between 6 to 15 feet from the paved section of the Street. In planned developments, sidewalks may be located away from the Street system to link dwelling units with other dwelling units, the street, and on-site recreation areas and parking areas. (b) Pavement Section Sidewalks and graded areas shall be constructed according to the Board of Public Works Specifications. Sidewalks shall include additional width where required by the Americans with Disabilities Act. Principal Frontage (sidewalk required) (c) Pedestrian Rights-of-Way Pedestrian rights-of-way not less than fourteen (14) feet wide may be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation or other community facilities. Where such pedestrians rights-of-way are provided, the developer shall clear the areas of obstructing rocks, trees and undergrowth, bring the right-of-way to suitable grade, and construct a bituminous concrete sidewalk for bicycle use of at least five (5) feet in Secondary frontages (no sidewalks required) width and a bituminous concrete sidewalk for pedestrian use of at least five (5) feet in width, or a bituminous concrete sidewalk for pedestrian and bicycle of at least ten (10) feet in width in accordance with the city Board of Public Works specifications. (d) Waivers (1) For commercial, industrial, and office subdivisions in the LB, GB, D-1, D-3, HB, PI, and GI zones, the requirements for sidewalks in the subdivision shall be determined during the review of subdivision and site plans. The requirements for sidewalks in such a subdivision may be waived if the Planning Board determines that the nature and/or intensity of the proposed use or the proposed use of other pedestrian facilities would obviate the need for these improvements, and that the burden on the applicant outweighs the public benefits associated with the sidewalk requirements. Comment: an example of a sidewalk waiver is multiple frontage lots. In these situations, sidewalk construction along frontages other than the principal frontage of the lot. In those situations, pedestrian access is only from one of the frontages. The sidewalk requirements may be waived on the other frontages. (2) For subdivisions in a residential zoning district, or subdivision applications for residential lots in any zoning district, a contribution in lieu of the construction of sidewalks along an existing street may be accepted when all of the following conditions are met: A. None of the lots may be divided into additional buildable lots under the minimum requirements of the zone. This requirement is met where: (1) an additional lot would not conform to the minimum lot size or other dimensional requirements of 16-27, or (2) further subdivision is precluded by a conservation easement. B. The existing street adjacent to the proposed lots has no sidewalks for a distance of two-hundred fifty (250) feet on the same side of the street as the new lots. This Page 287 of 372

288 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 10, Street Design and Transportation distance shall be measured from the nearest frontage point within the proposed subdivision. (e) Contribution in Lieu of Sidewalk Construction (1) The Planning Board may accept a contribution in lieu of the construction of sidewalks where: A. the application proposes a residential subdivision; and B. the Planning Board determines that the proposed use or the proposed use of other pedestrian facilities would obviate the need for these improvements. (2) The Planning Board may accept a contribution in lieu of the construction of sidewalks for cul-de-sacs. (3) All revenues generated by contributions pursuant to this section shall be deposited in an account created for this purpose. Revenues so generated shall be separately accounted for each of the four (4) major quadrants of the city, said quadrants corresponding to the areas divided to the north and south by the Nashua river and to the east and west by the F.E. Everett Turnpike, and shall be used solely for the purpose of construction of new sidewalks in the quadrant from which the revenue was generated. (4) The Planning Board is authorized to establish a schedule of fees for sidewalk contributions in lieu of construction. If the Planning Board does not establish a fee schedule, the contribution amount shall be determined by mutual agreement of the Planning Board and the applicant and included as a condition of plan approval Street names, signs and house numbers (a) Board of Aldermen Approval No person shall name a street, place or highway in the city, or erect a sign designating a name for any street, place or highway, or select a house number or address on such street, place or highway, without first obtaining the consent of the Board of Aldermen. (b) Development identification All developments of over three (3) buildings containing private streets must erect and maintain a permanent location map in the vicinity of the first curb cut or parking area on the main access drive. Such map shall display street names, building locations and unit numbers. Such signs shall conform to Reserved Page 288 of 372

289 Article V, Development Standards Division 11, Stormwater Management Land Use Code City Of Nashua, New Hampshire Division 11. Stormwater Management Purpose: The purpose of this Chapter is to protect, maintain and enhance public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with stormwater runoff, and soil erosion and sedimentation from site construction and development. Subdivision and site plans shall include plans for managing stormwater and controlling erosion and sedimentation as provided herein. Purpose: this section implements the following Master Plan recommendations The City should strongly consider adopting a soil erosion and sediment control ordinance, which would comprehensively address many of the non-point sources of water quality degradation discussed in the Water Resources Protection Plan Applicability (a) The requirements of this Division apply to any subdivision plan or site plan, except or to the extent provided in subsection (b). (b) The Planning Board may waive the requirement for all or part of a stormwater management and erosion control plan if it determines that a plan is unnecessary because of the size, character, or natural conditions of a site. All requests for waivers and action thereon shall be submitted pursuant to , along with supporting technical documentation to demonstrate minimal environmental impact Stormwater Management Standards The following stormwater management standards shall be applied to all subdivision and site plans. (a) Untreated stormwater (1) No new stormwater conveyances may discharge untreated stormwater directly to or cause erosion into wetlands or water bodies. (2) Rooftop runoff is considered uncontaminated for the purposes of these standards and therefore does not require treatment. (b) Post-development peak discharge rates (1) Stormwater management systems must be designed so that the ten (10) year twenty-four (24) hour post-development peak discharge rate does not exceed the ten (10) year twentyfour (24) hour pre-development peak discharge rates. (2) In order to meet this standard, controls must be developed for the 2-year, 5-year, and the 10-year 24-hour storm events. The 100-year 24-hour storm event must be evaluated to demonstrate that there will not be increased flooding impacts off-site. (3) Measurement of peak discharge rates shall be calculated using point of discharge or the downgradient property boundary. The topography of the site may require evaluation at more than one location if flow leaves the property in more than one direction. An applicant may demonstrate that a feature beyond the property boundary is more appropriate as a design point. Page 289 of 372

290 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 11, Stormwater Management (c) Recharge to Groundwater Annual groundwater recharge rates shall be maintained by providing infiltration by the use of structural and non-structural methods. The annual recharge from post development site conditions shall mimic the annual recharge from pre-development site conditions. Best management practice (BMP) techniques to achieve recharge requirements include infiltration, bioretention, dry swale, and non-structural techniques. Alternative techniques may be used if they meet the performance criteria stated herein and are approved by the Planning Board. (d) Water quality (1) For discharges to the conservation zone within the Water Supply Protection District as defined in 16-37, the runoff volume to be treated for water quality is calculated as one (1.0) inch of runoff multiplied by the total impervious area of the post-development project site. (2) For all other discharges, the runoff volume to be treated for water quality is calculated as one-half (0.5) inch of runoff multiplied by the total impervious area of the postdevelopment project site. (3) Removal of eighty (80) percent of the total suspended solids (TSS), floatables, greases, and oils. For new developments, stormwater management systems shall be designed to remove eighty (80) percent of the average annual load of total suspended solids (TSS), floatables, greases, and oils after the site is developed. This standard is met when: A. The Planning Board determines that suitable nonstructural practices for source control and pollution prevention are implemented; B. Stormwater management best management practices (BMPs) capture the prescribed runoff volume; and C. Stormwater management BMPs are maintained as designed. (e) Critical areas land uses with higher potential pollutant loads Stormwater discharges from areas with high potential pollutant loads require the use of specific stormwater management BMPs, as detailed in this section. The use of infiltration practices without pretreatment is prohibited. (1) The following uses are considered to create high potential pollutant loads: A. Any use requiring a National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit associated with industrial activity; B. Auto salvage yards/auto recycler facilities; C. Auto fueling facilities/gas stations; D. Fleet storage areas (cars, buses, trucks, public works); E. Vehicle service, maintenance and equipment cleaning areas; F. Retail parking lots; G. Road salt storage or loading areas if exposed to rainfall; H. Commercial nurseries; Page 290 of 372

291 Article V, Development Standards Division 11, Stormwater Management Land Use Code City Of Nashua, New Hampshire I. Metal rooftops, including roofs made from aluminum, tin, galvanized steel, copper, or rooftops which contribute significant pollutant loads; J. Outdoor storage and loading/unloading areas of hazardous substances; K. SARA 312 generators if materials or containers are exposed to rainfall; and L. The service, repainting, and hull maintenance areas of marinas. (2) The following measures are required in addition to BMP s described in subsection (1), below, within areas with high potential pollutant loads: A. Source reduction; and B. Pretreatment. (3) The following are prohibited within areas with high potential pollutant loads located in a conservation zone : A. Infiltration trenches; B. Infiltration basins; or C. Dry wells. (4) The following restrictions apply to certain BMPs within areas of high potential pollutant loads: Sand or organic filters, detention basins, wet ponds or constructed wetlands may be used only if sealed or lined. (f) Wetland or Water Bodies BMPs approved for use within three hundred (300) feet of a wetland or water body unless otherwise prohibited by are limited to: (1) Extended detention basins; (2) Wet ponds; (3) Constructed wetlands; (4) Water quality swales; (5) Sand filters; (6) Organic filters; (7) Infiltration basins; (8) Infiltration trenches; and (9) Deep sump and hooded catch basins (used with other BMPs). Stormwater management systems should incorporate designs which allow for shutdown and containment in the event of an emergency spill or other unexpected contamination event. Page 291 of 372

292 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 11, Stormwater Management (g) Redevelopment Redevelopment of previously developed sites must meet the stormwater management standards to the maximum extent possible as determined by the Planning Board. The application shall include a certification by a registered professional engineer as to compliance with this standard. (h) Erosion and sedimentation controls (1) Erosion and sedimentation controls must be implemented to prevent impacts during construction or land disturbance activities, and shall be properly installed prior to soil disturbance in the contributing drainage area. (2) Whenever practical, natural vegetation shall be retained, protected or supplemented. Priority should be given to preserving natural drainage systems including perennial and intermittent streams, wetlands, swales, and drainage ditches for conveyance of runoff leaving the project area. (3) Examples of BMPs for erosion and sedimentation control are staked hay bales, filter fences, hydroseeding, and phased development. Many stormwater BMP technologies (e.g. infiltration technologies) are not designed to handle high concentrations of sediments typically found in construction runoff and must be protected from construction-related sediment loadings. Construction BMPs must be maintained while construction or land disturbance activities continue. (4) Measures shall meet as a minimum the Best Management Practices set forth in the "Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas in New Hampshire," Rockingham County Conservation District, NH Department of Environmental Services (DES), Soil Conservation Service (now the Natural Resources Conservation Service), August 1992, as amended, and any published DES regulations. (5) Off-site surface water and runoff from undisturbed areas shall be diverted away from disturbed areas where feasible or carried non-erosively through the project area. Integrity of downstream drainage systems shall be maintained. (6) All temporary erosion and sediment control measures shall be removed after final site stabilization. Trapped sediment and other disturbed soil areas resulting from the removal of temporary measures shall be permanently stabilized within 30 days. (i) Stormwater Management Measures (1) Structural stormwater management measures to achieve recharge, water quality, and peak discharge control shall be structural BMP s designed in accordance with the requirements of the following: A. Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas in New Hampshire," Rockingham County Conservation District, NH Department of Environmental Services, Soil Conservation Service (now the Natural Resources Conservation Service), August 1992, as amended B. Best Management Practices for Urban Stormwater Runoff, published by NH DES, 1996, as amended C. Innovative Stormwater Treatment Technologies Best Management Practices Manual, published by NH DES, May 2002, as amended [Reference: Page 292 of 372

293 Article V, Development Standards Division 11, Stormwater Management Land Use Code City Of Nashua, New Hampshire (2) The performance criteria specified in the Design Manual with regard to general feasibility, conveyance, pretreatment, environment and landscaping, and maintenance shall be considered in the selection of a structural BMP. (3) Structural stormwater management practices shall be selected to accommodate the unique hydrologic and geologic conditions of the site. Design computations must document these conditions. (4) Nonstructural management measures may reduce or eliminate the need for structural BMP s to meet recharge, water quality, and peak discharge control requirements. These techniques, which include Runoff Prevention Methods (RPM s), are encouraged and shall be designed in accordance with the guidelines in the documents listed in subsection (1), above. These techniques may include disconnection of rooftop and non-rooftop runoff, vegetated bio-cells and bio-islands, infiltration edges, dividers, or islands, planters, and raingardens Easements Where a subdivision is traversed by or requires the construction of a watercourse or a drainage way, an easement of adequate width shall be provided for such purpose Operation and Maintenance Plans (a) Applicability All stormwater management systems shall have an operation and maintenance plan (O&M plan) to ensure that systems function as designed. This plan shall be reviewed and approved as a part of the site plan or subdivision plan. If the system is not dedicated to the city pursuant to a perpetual offer of dedication, the Planning Board may require an applicant to establish a homeowners association or similar entity to maintain the stormwater management system. (b) Minimum Requirements The operation and maintenance plan shall, at a minimum, identify: (1) Stormwater management system(s) owner(s); (2) The party or parties responsible for operation and maintenance; (3) A schedule for inspection and maintenance; (4) The routine and non-routine maintenance tasks to be undertaken; and (5) A certification signed by the owner(s) attesting to their commitment to comply with the O&M plan. (c) Establishment of O&M Plan The stormwater management system owner is generally considered to be the landowner of the property, unless other legally binding agreements are established. Execution of the operation and maintenance plan shall be considered a condition of approval of any subdivision plan or site plan. (d) Recording (1) The owner shall provide covenants for filing with the registry of deeds, in a form satisfactory to the Planning Board, which provide that the obligations of the maintenance plan run with the land. Page 293 of 372

294 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 11, Stormwater Management (2) The owner shall file with the registry of deeds such legal instruments as are necessary to allow the city or its designee to inspect or maintain the stormwater management systems for compliance with the O&M plan. (e) Modifications (1) The owner shall keep the O&M plan current, including making modifications to the O&M plan as necessary to ensure that BMPs continue to operate as designed and approved. (2) Proposed modifications of O&M plans shall be submitted to the Planning Board for review and approval. Also, the owner must notify the Planning Board within thirty (30) days of a change in owner or party responsible for implementing the plan. Proposed changes in inspection frequency, maintenance schedule, or maintenance activity shall also be submitted, along with appropriate documentation, for review and approval. (3) The Planning Board may, in its discretion, approve a reduction in the frequency of inspection or maintenance or a change in maintenance activity, provided that the owner has demonstrated that such changes will not compromise the long-term function of the stormwater system. (4) The Administrative Officer shall notify the owner of acceptance of the plan modification, or request additional information, within sixty (60) days. No response from the Planning Board at the end of sixty (60) days shall constitute acceptance of the plan modification. The currently approved plan shall remain in effect until notification of approval has been issued, or the sixty (60) day period has lapsed. (f) Recordkeeping The owner shall retain records (such as maintenance logs and contractor receipts) demonstrating compliance with the scheduled maintenance activities for a period of not less than three (3) years. The city may request copies of such records, or may request inspection of such records on the property. Failure to produce such records or copies of such records within fourteen (14) days of such a request shall constitute a condition of non-compliance with site plan approval, subject to enforcement as outlined under The owner shall ensure that an annual report is provided to the planning director on or before the first day of January of each year. Such reports shall, at a minimum, include: (1) The location of the property; (2) The name, address, and phone number of the owner; (3) The name, address, and phone number of the party responsible for maintenance if other than the owner; (4) A brief description of the site uses and stormwater management system; (5) A summary of inspections completed and the results of such inspections; and (6) A summary of any maintenance activities or corrective actions undertaken. Annual reports shall be signed by the owner or other legally responsible party, and shall attest to the accuracy of information provided in the report. Failure to submit annual reports shall constitute a condition of non-compliance with site plan approval subject to enforcement as outlined under Page 294 of 372

295 Article V, Development Standards Division 13, Utility Standards Land Use Code City Of Nashua, New Hampshire Plan Review and Approval The Planning Board shall indicate approval of the stormwater management and erosion control plan, as filed, if it complies with the requirements and objectives of this Division. Such approval shall be a component of subdivision or site plan approval. If disapproved, a list of plan deficiencies and the procedure for filing a revised plan will be given to the applicant to Reserved Division 12. Reserved Division 13. Plans Utility Standards for Subdivisions and Site Applicability This Division applies to subdivision plans and site plans. Applicants shall also comply with the following chapters of the City Code: Chapter 18 (sewage disposal) and 19 (streets and work in right-of-way) Approval Required (a) No subdivision or portion thereof shall be sold, offered for sale, leased or rented by any person, and no permanent building shall be erected thereon, until the provisions of the state and the city relating to subdivisions have been met and a plan or plot of such subdivision and related data have been filed with and approved by the board of health or its authorized representatives. The plan and data shall show methods for obtaining and furnishing adequate and approved water supply and sewerage facilities to the subdivision, provision for proper surface water drainage for each lot on which a residence, community building or similar structure is proposed, probable nature of the terrain after proposed grading, filling and other similar alterations from its original state are completed, garbage and rubbish disposal services and facilities and other pertinent matters including the results of any soil and percolation tests performed. The installation of facilities required under the terms of this division shall be in accordance with such plan as approved by the health officer or any approved revision thereof. Upon receipt of the plan and data required herein, the health officer shall issue a receipt of filing compliance and within thirty (30) days of issuance of the receipt of filing compliance shall approve or disapprove the subdivision plot or plan. In the event of disapproval, notice of disapproval shall be in writing, listing all reasons for disapproval. (b) Where all or a portion of a subdivision is not served by either a public water supply or a public sewer, the lots shall conform to the regulations of the DES (Env-Ws 1005 (Subdivisions)) Standards (a) Utilities such as electrical, cable TV, telephone, and sewer shall be provided underground within the public right-of-way if spacing is available or a utility easement adjacent to the street right-of-way. (b) Utilities shall generally be located within the street right-of-way on both sides of and parallel to the street. However, in order to allow flexibility based on terrain, and to achieve a maximum street tree Page 295 of 372

296 Land Use Code City of Nashua, New Hampshire Article V, Development Standards Division 13, Utility Standards canopy, utilities may be placed in a separate utility easement outside the right-of-way and parallel to the street. (c) All electric, telephone, cable television, and other communication lines, both main and service connections, servicing new developments shall be provided by underground wiring within easements or dedicated public rights-of-way, installed in accordance with the Board of Public Works Specifications. The placement of public utilities within service lanes or alleys is encouraged as a way of promoting the installation of street trees and sidewalks in residential neighborhoods Review of Subdivision Plans In reviewing subdivision plots and plans for the approval required under this division, the health officer shall consider engineering data on soils, slopes, depth to bedrock, percolation rates, as well as the proximity and availability of existing municipal sewers Individual Sewage Disposal Systems No subdivision contemplating the installation of individual sewage disposal systems will be approved by the health officer unless the subdivision conforms to one (1) of the following: (a) The individual lots to be served by individual sewage disposal systems shall all be at least forty thousand (40,000) square feet in area and shall be at least five hundred (500) feet from an existing gravity flow public sewer or forced main pumping station capable of sewering said lots. This five hundred (500) feet shall be measured along streets, alleys or easements of the public sewer system. Approval shall be for a fixed limited time as a temporary measure pending the installation by the applicant of a community sewerage system. The individual sewage disposal systems constructed under this approval shall be disconnected from the plumbing systems of the premises and the plumbing systems of those premises will be forthwith connected to the community sewerage system. When the applicant desires to install a community sewerage system for a subdivision, the proposal must have board of public works' and health officer's approval and be so engineered as to be compatible with and acceptable to future connection with the municipal sewerage system. The board of public works' approval for the community sewerage system must be obtained prior to application for health officer approval for temporary individual sewage disposal systems. The applicant shall post sufficient bond or escrow account to assure the construction of, and proper operating, continuity and duration of operations, and maintenance of the community sewerage system for a period of at least ten (10) years, prior to approval of any individual sewage disposal systems to be served thereby. The installation of the community sewerage system shall be deemed payment in full of all betterment and connection charges associated with the subdivision. All applicable entrance charges shall be paid at such time as the subdivision's community sewerage system is connected to the public sewer in accordance with the fee schedule in effect at the time the connection is made. (b) The individual lots to be served by individual sewage disposal systems shall all be at least forty thousand (40,000) square feet in area and shall be at least five hundred (500) feet from an existing gravity flow public sewer or forced main pumping station capable of sewering such lots. The five hundred (500) feet shall be measured along streets, alleys or easements of the public sewer system. Adequate and appropriate street mains complete with house connection stubs to the lot alleys, and easements or rights-ofway, in a manner acceptable to the city engineer, shall be obtained, designed, engineered and constructed as to be compatible with and acceptable to future connection with the municipal sewerage system, prior to approval of such individual sewage disposal systems. The health officer's approval shall be contingent upon the applicant either completing the installation of mains and house connections to the lot lines to the satisfaction of the city engineer who shall submit a written statement to the board of health to that effect, or posting a performance bond, certified check or deposit in escrow in a sum sufficient in amount to assure completion of the mains and house connection stubs. The installation of the mains and house connection stubs shall be deemed payment in full of all betterment and connection charges. All applicable entrance charges shall be paid at such time as the street mains are connected to the public sewer in accordance with the fee schedule in effect at the time connection is made. Page 296 of 372

297 Article V, Development Standards Division 13, Utility Standards Land Use Code City Of Nashua, New Hampshire (c) The individual lots to be served by individual sewage disposal systems shall all be at least forty thousand (40,000) square feet in area and shall be at least five hundred (500) feet from an existing gravity flow public sewer or forced main pumping station capable of sewering said lots. The five hundred (500) feet shall be measured along streets, alleys or easements of the public sewer system. It shall be the opinion of the health officer that the present and/or potential pollution effects of the proposed individual disposal system will not create a danger to the public health. In addition, the city's basic engineering data necessary for the implementation of paragraphs (1) or (2) of this subsection shall not currently be in existence, and such data shall not have been provided to the applicant by the city within six (6) months of his filing a request in writing for the same with the city engineer. (d) The individual lots to be served by individual sewage disposal systems shall all be at least forty thousand (40,000) square feet in area and shall be at least one hundred (100) feet from an existing gravity flow public sewer or forced main pumping station capable of sewering said lots. The one hundred (100) feet shall be measured along streets, alleys or easements of the public sewer system. The proposed individual sewage disposal system shall be incidental in nature and not part of a development plan of two (2) or more lots; and it shall be the opinion of the health officer that the present and/or potential pollution effects of the proposed individual disposal system will not create a danger to the public health. Any parcel having been subdivided under the provisions of this paragraph shall not be further subdivided for a period of two (2) years except as provided under paragraphs (1) through (3) of this subsection. (e) The individual lots shall all be at least two hundred fifty thousand (250,000) square feet in area Shared Septic Systems If a proposed subdivision includes a shared septic system, the applicant shall provide a maintenance plan addressing the method and frequency of inspections, the method and frequency of cleaning and disposal and the drainfield area boundaries. For purposes of this section, a shared septic system means a single septic system that accepts waste from more than one dwelling unit or business establishment Refuse Disposal Before board of health approval of any new subdivision plot or plan can be received, a system or systems of refuse disposal acceptable to the health officer must be indicated thereon. The system may rely on municipal or private operation or both and must be in operation prior to the occupancy of any house, residence, sales office or community building in the subdivision Easements Easements across lots or centered on rear or inside lot lines shall be provided for utilities where necessary and shall be at least twelve (12) feet wide to Reserved Page 297 of 372

298 Land Use Code City of Nashua, New Hampshire Article VI, Excavation Regulations ARTICLE VI. EXCAVATION REGULATIONS Purpose: this Article implements the following Master Plan recommendations Consider revisions to the excavation provisions in the Nashua Revised Ordinances (NROs), if deemed necessary to improve excavation and closure operations Applicability (a) This section applies to any site plan or subdivision plan authorizing an excavation. All excavations shall comply with the requirements of this section as well as the provisions of RSA 155-E, Local Regulation Excavations. (b) A waiver or appeal from the requirements of this Section may be filed with the Planning Board pursuant to Operational Standards (a) All equipment, except mobile equipment, for sorting, washing, crushing, grading, drying, processing and treating, and other operation machinery, shall not be used closer than one hundred (100) feet to any public street or any adjoining property line. (b) Off-street parking shall be provided as required in the table of number of required off-street parking spaces in division 6 of this article. (c) Any access to excavated areas or areas in the process of excavation shall be adequately posted with "Keep Out--Danger" signs. (d) Lateral support shall be maintained for adjacent properties. (e) A substantial fence shall enclose the excavation or quarry where any excavation or quarry will extend under original ground level or will have a depth of ten (10) feet or more and create a slope of more than one (1) in two (2). Such fence shall be located ten (10) feet or more from the edge of the excavation or quarry, and shall be at least six (6) feet in height. (f) The use of explosives shall comply with the regulations for storage or handling of explosives as published by the New Hampshire Department of Safety. Comment: See New Hampshire Code of Administrative Rules, Chapter Saf-C 1600, Explosives. (g) All operations shall be conducted in such a manner so as to comply with the laws of the state regulating water pollution and air pollution Sketch Plan Sketch plans required pursuant to RSA 155-E:3 shall be filed with the Administrative Officer and shall be prepared by a registered professional engineer or a registered land surveyor, at a scale of two hundred (200) feet to the inch, and shall indicate the requirements of RSA 155-E:3 in addition to the following: (a) Adjacent public streets; (b) Water supply and sanitary sewerage systems and temporary and permanent drainage systems for the site; Page 298 of 372

299 Article VI, Excavation Regulations Land Use Code City Of Nashua, New Hampshire (c) (d) Topographic mapping showing contours at intervals of not more than ten (10) feet; Submission of plan for lighting if night operation is permitted by Zoning Board of Adjustment; (e) Proper provision for vehicular traffic, service roads and control of entrances and exits to highways; (f) (g) future; (h) The relocations of existing and future buildings and operations machinery to the removal areas; Delineation of the existing removal areas and the proposed area for removal in the immediate Location of fencing if applicable Reclamation Plan It is recognized that land reuse of a removal site is in the public interest; therefore, a reclamation plan, as described in RSA 155:E-5 and 155:E-5-a, must be submitted to and approved by the Administrative Officer following review by the Planning Board, subject to the following regulations: (a) The Administrative Officer may require that the reclamation plan show up to three (3) alternative future land reuses. (b) Any land reuse must correspond to a situation which could reasonably occur in the immediate future (zero to five (5) years), and be revised as necessary as to the existing physical character as the removal area changes. (c) The reclamation bond, required pursuant to RSA 155-E:4-a, shall specify the time for completion of all the applicable requirements of this division and shall be of an amount determined by the city engineer and Administrative Officer as sufficient to ensure compliance of the requirements to Reserved ARTICLE VII [RESERVED] Page 299 of 372

300 Land Use Code City of Nashua, New Hampshire Article VIII, Utility Structures ARTICLE VIII. UTILITY STRUCTURES Purpose: this Article establishes requirements for utility structures pursuant to RSA 674: Applicability This Division applies to public utility structures. For purposes of this Article, a public utility structure means any line, pipe, building, pump station, or other structure used to deliver or provide public utilities such as water, sewer, telephone, gas, electric, cable, or other public utility services to the extent permitted by New Hampshire law Planning Board Waivers The Planning Board may waive any requirement contained in an ordinance, code or regulation for any unoccupied structure which is less than 200 square feet in area consistent with RSA 674: Standards for Utility Structures In accordance with RSA 674:30.II, the following standards apply to public utility structures: (a) The storage of vehicles or equipment used in the maintenance of a utility is not permitted unless such activities are permitted in the applicable zoning district (see 16-26). (b) No equipment causing unreasonable noise, vibration, smoke, odor or hazardous effect shall be installed. (c) The external design of the building shall conform to the buildings in the surrounding area. (d) The minimum lot size, frontage, and lot width requirements of do not apply to utility structures. However, public utility structures shall comply with the front, side and rear yard setbacks of the applicable zoning district, except for maximum front setbacks. (e) All utility lines, pipes, cables, or similar structures shall be located underground, unless the Planning Board determines that unfavorable site conditions warrant aboveground installation. Comment: compare Article V, Division 13, which addresses utility requirements for subdivision and site plan approval. This Article differs from Article V, Division 13 in that it applies to the utility providers, rather than the mandatory utility requirements for subdivision or site plan applicants Dimensional Standards Utility facilities not used for human occupancy are only required to meet the minimum front, side and rear yard setbacks and the maximum height requirements, of section 16-27, Table 27-3 (Dimensional Matrix), except as provided for section 16-27(i). Any lot created or developed under this paragraph shall provide open space in all areas required by the minimum yard setbacks except for necessary access drives to the facility to Reserved Page 300 of 372

301 Article IX, Administrative Agencies Division 1, Staff Land Use Code City Of Nashua, New Hampshire Article IX. Administrative Agencies Division 1. Staff Administrative Officer An Administrative Officer shall be appointed by the mayor and confirmed by the Board of Aldermen, and upon taking office shall be authorized to administer and enforce the provisions of this Chapter except for sections or divisions within this article that are construed as innovative land use controls (RSA 674:21) that provide for the appeal, administration, or enforcement by another person or board as designated within that section or division. Nothing herein prohibits the Administrative Officer from holding other appointed office to Reserved Division 2. Planning Board Established; composition; terms; compensation (a) Pursuant to the authority granted in RSA 673:2, there is hereby established a Planning Board for the city. (b) The Planning Board shall consist of the mayor, or his appointed representative, the city engineer, and a member of the Board of Aldermen who shall be selected by it from the members of its planning and economic development committee, as members ex officio, and six (6) persons who shall be appointed by the mayor, and confirmed by the Board of Aldermen. The mayor may appoint up to three (3) alternate members to the Planning Board who shall be confirmed by the Board of Aldermen. (c) The terms of the ex officio members shall correspond to their respective official tenures, except in the case of the appointed representative selected by the mayor, whose term shall terminate with the term of the mayor selecting him. The terms of each regular and alternate member shall be three (3) years. All terms of the appointed members shall begin on the first day of April, and be retroactive to that day in the case of the first appointments made hereunder. (d) The appointed members shall hold no other municipal office, except that one may be a member of the Conservation Commission, and one may be a member of the Historic District Commission Removal of members Members of the Planning Board other than the member selected by the Board of Aldermen may, after public hearing, be removed by the mayor for inefficiency, neglect of duty or malfeasance in office. The Board of Aldermen may, for like cause, remove the member selected by them. Page 301 of 372

302 Land Use Code City of Nashua, New Hampshire Article IX, Administrative Agencies Division 2, Planning Board Vacancies Vacancies in the membership of the Planning Board occurring otherwise than through expiration of term may be filled for the duration of the unexpired term by the mayor, in the case of members appointed by him. Such appointments by the mayor are to be confirmed by the Board of Aldermen. The Board of Aldermen may make appointments in the case of the aldermanic members Staff; finances (a) Subject to any limitations in this chapter, the Planning Board may appoint such employees as it may deem necessary for its work. Appointment, promotion, demotion and removal shall be subject to the same provisions of law as govern other corresponding civil employees of the city. (b) The Board of Aldermen may provide such funds, equipment and accommodations as it may deem necessary or advisable for the Planning Board's work. All expenditures of the Planning Board, exclusive of gifts or reimbursements, shall be within the amount appropriated for the purpose by the Board of Aldermen Organization; meetings; rules (a) The Planning Board shall elect a chairman from the appointed members and create and fill such other offices as it may deem necessary for its work. The term of the chairman shall be one (1) year, with eligibility for reelection. (b) The board shall hold at least one (1) regular meeting each month, adopt rules for the transaction of business, keep a public record of its resolutions, transactions, findings and determinations, and forward a copy of the minutes of its meetings to the city clerk for distribution to each member of the Board of Aldermen. (c) The Planning Board shall, subject to and conditional on annual funding from the Board of Aldermen publish in a newspaper of general circulation the Planning Board's agenda for any public meeting or hearing held by the board less than five (5) days prior to the meeting or hearing. Non-public sessions as governed by state law are exempted. Lack of such publication shall not create a legal notice deficiency Duties (a) It shall be the duty of the Planning Board to prepare and amend from time to time a master plan to guide the development of the municipality. A master plan may include consideration of any areas outside the boundaries of the municipality which in the judgment of the Planning Board bear a relation to or have an impact on the planning of the municipality. Every Planning Board shall from time to time update and amend the adopted master plan with funds appropriated for that purpose by the Board of Aldermen. In preparing, amending, and updating the master plan: (1) The Planning Board shall have responsibility for promoting interest in, and understanding of, the master plan of the municipality. In order to promote this interest and understanding, the Planning Board may publish and distribute copies of the master plan, copies of any report relating to the master plan, and may employ such other means of publicity and education as it may deem advisable. Page 302 of 372

303 Article IX, Administrative Agencies Division 2, Planning Board Land Use Code City Of Nashua, New Hampshire (2) The Planning Board shall also have authority to make any investigations, maps and reports, and recommendations which relate to the planning and development of the municipality. (b) The Planning Board may from time to time report and recommend the appropriate public officials and public agencies programs for the development of the municipality, programs for the erection of public structures, and programs for municipal improvements. Each program shall include recommendations for its financing. It shall be part of the Planning Board's duties to consult with and advise public officials and agencies, public utility companies, civic, educational, professional, research and other organizations, and to consult with citizens, for the purpose of protecting or carrying out of the master plan as well as for making recommendations relating to the development of the municipality. (c) Members of the Planning Board, when duly authorized by the board as a whole, may attend municipal planning conferences or meetings, or hearings upon pending municipal planning legislation. The Planning Board may by majority vote authorize the payment of reasonable expenses incident to such attendance. (d) The Planning Board, its members, officers, and employees, in the performance of their functions may enter upon any land and make such examinations and surveys as are reasonably necessary, and place and maintain necessary monuments and marks. (e) The Planning Board may, from time to time, recommend to the Board of Aldermen, amendments of the zoning ordinance or zoning map or additions thereto. (f) The Planning Board shall not do any act or acts pursuant to its power and duties which contemplate or necessitate the expenditure of municipal funds by resolution, inclusion in the municipal budget, appropriations or supplementary appropriations, or otherwise, without authorization by the Board of Aldermen. (g) The Planning Board shall have all authority and powers granted to Planning Boards by title LXIV of the New Hampshire Revised Statutes Annotated and RSA 155-E, and for any other pertinent state statutes as amended, from time to time, whether or not such authority is specified in local ordinances, including but not limited to Article IV, Divisions 4 and 5, and Articles V - X [of Chapter 16] of these Revised Ordinances. (h) The Planning Board is prohibited from making decisions involving construction, interpretation or application of the Nashua zoning ordinances. The Administrative Officer or his designee is duly authorized to decide compliance with the Nashua zoning ordinances prior to placing an application on the Planning Board's agenda to Reserved Division 3. Regional Planning Commission Established Pursuant to the authority granted in RSA 36:45 through 36:53, the city hereby joins with the Town of Hudson and other municipalities in the Nashua metropolitan area in the establishment of a regional planning commission. Page 303 of 372

304 Land Use Code City of Nashua, New Hampshire Article IX, Administrative Agencies Division 3, Regional Planning Commission Composition The regional planning commission shall consist of two (2) representatives from member municipalities with a population less than ten thousand (10,000), three (3) representatives from member municipalities with a population between ten thousand (10,000) and twenty-five thousand (25,000), and four (4) representatives from Nashua. Nashua representatives shall be nominated by the Planning Board and appointed by the Board of Aldermen Qualifications; terms The term of each Nashua representative appointed to the regional planning commission shall be four (4) years. All Nashua representatives shall serve without compensation and at least one (1) representative shall be a member of the Planning Board. Alternate representatives may also be appointed in the same manner as for regular members Removal of representatives Nashua representatives of the regional planning commission may be removed by the Board of Aldermen for inefficiency, neglect of duty or malfeasance in office Vacancies Vacancies in representation on the regional planning commission, occurring other than through the expiration of term, shall be filled for the remainder of the unexpired term in the same manner as original appointments Organization; meetings; bylaws The regional planning commission shall elect annually from among its members a chairman, vice-chairman and such other officers as it deems necessary. Meetings shall be held at the call of the chairman and at such other times as the commission may determine. The commission shall adopt bylaws for the conduct of its business and shall keep a public record of its resolutions, transactions, findings and determinations and shall forward a copy of the minutes of its meetings to the local Planning Board of each member municipality Finances The regional planning commission may accept and receive funds, grants and services from federal, state and municipal governments and their agencies or from private and civic sources. The commission shall determine, on a reasonable and equitable basis, the proportion of its costs to be borne respectively by each member municipality. Failure on the part of any member municipality to pay its proportionate share of the costs of the commission shall constitute a termination of such municipality's membership on the commission. Within the amounts so appropriated to it or with other funds placed at its disposal, the commission may engage employees and professional consultants, may use such funds in conjunction with other public or private funds available, and may obtain such goods and services as are necessary to it in carrying out its proper functions. Page 304 of 372

305 Article IX, Administrative Agencies Division 3, Regional Planning Commission Land Use Code City Of Nashua, New Hampshire General powers and duties The regional planning commission's powers shall be advisory, and shall generally pertain to the development of the region within its jurisdiction as a whole. Nothing in this article shall be deemed to reduce or limit any of the powers, duties or obligations of the city's Planning Board. The area of jurisdiction of the regional planning commission shall include the areas of the municipality within the delineated planning region. It shall be the duty of the regional planning commission to prepare a comprehensive master plan for the development of the region within its jurisdiction, including the commission's recommendations, among other things, for the use of land within the region; for the general location, extent, type of use, and character of highways, major streets, intersections, parking lots, railroads, aircraft landing areas, waterways and bridges, and other means of transportation, communication, and other purposes; for the development, extent, and general location of parks, playgrounds, shore front developments, parkways, and other public reservations and recreation areas; for the location, type, and character of public buildings, schools, community centers, and other public property; and for the improvement, redevelopment, rehabilitation, or conservation of residential, business, industrial and other areas; including the development of programs for the modernization and coordination of buildings, housing, zoning and subdivision regulations of the city and their enforcement on a coordinated and unified basis. The regional planning commission may authorize its employees or consultants to render assistance on local planning problems to any municipality or county which is not a member of the regional planning commission. The cost of such assistance shall be paid entirely by the municipality or county to which the service is rendered or partly by such municipality or county and partly by any gift, grant, or contribution which may be available for such work or by combination thereof. Such commission shall keep a strict account of the cost of such assistance and shall provide such municipality or county with an itemized statement to Reserved Division 4. Industrial Development Authority Created; board of directors The city industrial development authority is hereby created to consist of a board of directors of nine (9) members appointed by the mayor and confirmed by the Board of Aldermen, which shall have full power, duties and responsibilities authorized under RSA Chapter 162-G Membership (a) All industrial development authority directors shall be appointed for terms of three (3) years and each director shall serve until his successor shall have been appointed. At all times, there shall be a majority of the directors residing within the boundaries of the city. (b) In addition to the nine (9) directors to be appointed by the mayor, the president of the Board of Aldermen, the city treasurer and the mayor shall serve as ex officio members of the board Organization Organization of the industrial development authority shall take place immediately following confirmation of its members, annually in the month of January by the choice of one (1) of its members as chairman. It Page 305 of 372

306 Land Use Code City of Nashua, New Hampshire Article IX, Administrative Agencies Division 5, Zoning Board of Adjustment shall also elect a clerk and any other necessary officers to serve for one (1) year or until their successors are chosen Voting All action by the industrial development authority shall be authorized by resolutions of the board passed on the affirmative votes of at least two-thirds of the board members present and voting Minutes, voting records; annual report Minutes of all meetings and records of all votes of the industrial development authority shall be filed with the city clerk within fifteen (15) days of the meeting or vote. The authority shall at the close of each year make a detailed report to the Board of Aldermen of its activities for that year to Reserved Division 5. Zoning Board of Adjustment Zoning Board of Adjustment; membership There shall be a Zoning Board of Adjustment consisting of five (5) members who are residents of the city, appointed by the mayor and confirmed by the Board of Aldermen. Five (5) alternates shall be chosen in a like manner. Members and alternates shall serve for a term of three (3) years. Members and alternates in office on the effective date of this section shall continue in office. As terms expire or vacancies occur the mayor, subject to the confirmation of the Board of Aldermen, shall make such appointments as necessary to comply with this section and RSA Chapter 673. Vacancies shall be filled for the remainder of the unexpired term. Members and alternates shall be removable, after a public hearing, for inefficiency, neglect of duty or malfeasance in office upon vote of the Board of Aldermen which shall make written findings of fact and cause the same to be filed with the city clerk Meetings Meetings of the board shall be held at least once a month and at such other times as the board may determine, or upon call of the chairman. All meetings shall be open to the public. The board shall adopt its own rules of procedure after a public hearing duly advertised in a local news source, and shall keep a record of its proceedings, showing the vote of each member on each question or if absent or failing to vote, and shall keep records of its examinations and other official actions. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the board shall immediately be filed in the office of the Administrative Officer and become a public record. The board shall file with the city clerk for distribution as necessary a complete record of the minutes of their meetings and public hearings. Included in the minutes shall be the reasons for the granting or denying of a request for a variance or special exception, together with the vote of each member on each item on the agenda. The board shall also forward to the city clerk a copy of their agendas prior to their meetings Powers and duties The board shall have the following powers and duties: Page 306 of 372

307 Article IX, Administrative Agencies Division 5, Zoning Board of Adjustment Land Use Code City Of Nashua, New Hampshire (a) (b) (c) (d) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an Administrative Officer in the enforcement of this article except for sections or divisions within this article that are construed as innovative land use controls (RSA 674:21) that provide for the appeal, administration, or enforcement by another person or board as designated within that section or division; To hear and decide special exceptions to the terms of this article upon which the board is required to pass under this article; To authorize, upon appeal in specific cases, such variances from the terms of this article as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship, and so that the spirit of this article shall be observed and substantial justice done. The Zoning Board of Adjustment shall have all authority granted to zoning boards by Title LXIV of the New Hampshire Revised Statutes Annotated, as amended from time to time, whether or not such powers and authorities are specifically listed in the local ordinances, including but not limited to Article III and Article IV, Division 3 of these Revised Ordinances to Reserved Division 6. Conservation Commission Conservation Commission NRO Chapter 15, Article III establishes the Conservation Commission (see also RSA chapter 36-A). It shall be the duty of the Conservation Commission to submit a recommendation relating to any proposed development requiring a Wetlands Application pursuant to Article III, Division to Reserved Division 7. Historic District Commission Historic district commission established There is hereby established a Historic District Commission for the city having all of the powers and duties set forth in RSA 31:89-f in effect as of July 9, Any subsequent amendments to the RSA shall not affect this division unless such amendments are first approved by the mayor and Board of Aldermen Membership of commission (a) Composition. The Historic District Commission shall consist of five (7) members appointed by the mayor and confirmed by the Board of Aldermen, one (1) member who is an alderman, appointed by the president of the Board of Aldermen, and one (1) member who is the mayor or the mayor's designee. Page 307 of 372

308 Land Use Code City of Nashua, New Hampshire Article IX, Administrative Agencies Division 7, Historic District Commission All members shall be residents of the city. One (1) member shall be a representative of a local nonprofit historical organization, one (1) member shall be a registered architect, one (1) member shall be an alderman, one (1) member shall be the mayor or the mayor's designee, one (1) member shall be a member of the Planning Board, one (1) member shall be a resident of a designated historic district, if possible, and there shall be one (1) other member. (b) Terms. The members of the commission shall be appointed for three-year terms. Initial appointments shall be staggered so that subsequent appointments shall not occur at the same time. (c) Vacancies. If a vacancy is created, an interim appointment for the remainder of the term shall be made in accordance with the procedures hereinbefore described. (d) Qualifications. In determining the qualifications of a member of the commission, the mayor and Board of Aldermen shall take into consideration the individual's demonstrated interest and ability to understand, appreciate and promote the purposes of this division. (e) Alternates. There shall be three (3) alternates appointed by the mayor and confirmed by the Board of Aldermen Organization, meetings and rules of commission (a) The Historic District Commission shall annually elect a chairman and secretary from among the appointed members and create and fill such other offices as it may deem necessary to fulfill its work. The commission shall meet at the call of the chairman, and at such other time as the commission may determine, and shall adopt rules for the orderly conduct of meetings. Minutes of all meetings shall be kept, and all records and meetings of the commission shall be open to the public. (b) In order for the commission to take any action, at least four (4) members shall be present to constitute a quorum. A simple majority of the quorum shall be sufficient to approve or deny any motion to come before the commission Powers and duties of commission (a) The historic district commission shall develop a policy to accomplish the purposes of this section within the historic districts and to relate that policy to the Master Plan. The commission shall have the power to accept, review and act upon all applications for building permits in reference to properties situated within the boundaries of any historic district established herein. Such power of review and approval or disapproval shall be limited to those considerations which affect the relationship of the applicant's proposal to its surroundings, to the locating and arrangement of structures, to the architectural treatment of the exterior features and finish of structures, and to the compatibility of land uses within the district as they may be deemed to affect the character and integrity of the district to achieve the purposes of this division. (b) The commission may request reports and recommendations regarding the feasibility of an applicant's proposal from any administrative official of the city. The commission may seek advice from, or engage through contract, such technical assistance and consultants, and accept and use gifts, grants or other contributions as may be deemed necessary to carry out the purposes of this division, provided that no financial or other commitment or obligation is incurred without having first received the consent and approval of the mayor and Board of Aldermen in accordance with the charter of the city. The Commission shall file with the Building Department Manager a certificate of approval or notice of disapproval following the review and determination of an application. The Commission shall review the physical, social and cultural assets of the city and recommend the establishment of areas in the city Page 308 of 372

309 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire for designation as historic districts to the mayor and Board of Aldermen in accordance with subsection (g) of this Section to Reserved Article X. Definitions and Submittal Requirements Division 1. Definitions Rules of Interpretation, Generally (a) (b) This Division establishes the rules of interpretation and definition of terms for this Chapter. The Planning Board shall interpret this Division as applied to a site plan or subdivision plan. (c) An appeal from the interpretation of this Division as applied to the Zoning ordinances (Article III of this Chapter may be filed with the Zoning Board of Adjustment pursuant to (d) For the purposes of this Chapter: (1) Words used in the present tense include the future. (2) The singular number includes the plural, and the plural the singular. (3) The words "used" or "occupied" include the words "designed," "arranged," "intended" and "offered" to be used or occupied. (4) The words "building," "structure," "lot," "land" and "premises" shall be considered as though followed by the words "or any portion thereof". (5) The word "shall" is always mandatory and not merely directory. (6) Terms and words not defined in this section but defined in the city building code shall have the meanings given therein unless a contrary intention clearly appears; and words not defined in either place shall have the meaning given in Webster's Unabridged Dictionary. (7) Uses listed in the Use Matrix ( 16-26) shall have the meanings provided in this Article X, Division 1 and as further refined by the Land-Based Classification Standards (LBCS) and the North American Industrial Classification System (NAICS) referenced 16-26(d). (8) The words see or refer to in reference to an external source mean that the external source is adopted and incorporated by reference into this Chapter, unless otherwise provided. All references to NH Revised Statutes Annotated (RSAs) include those statutes as amended. Example, the definition of Subdivision is See RSA 672:14. This means that the definition of Subdivision listed in the referenced state statute constitutes the definition of subdivision as used in this Chapter. Page 309 of 372

310 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions (9) The provisions of this article shall be interpreted to be the minimum requirements adopted for the promotion of the health, safety, morals and the general welfare of the city. (10) Paragraphs beginning with the statement purpose, comment, or commentary are not considered to be binding standards, unless the standards provide otherwise. Paragraphs beginning with the statement comment: or commentary: are not considered a part of this Chapter, but instead are added by the Planning Department as a way to interpret this Chapter, provide examples, or references to external resources to assist applicants, decisionmakers and the general public. (e) Time periods shall be computed as provided in RSA 21:35, unless otherwise provided to Reserved Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned sign The cessation of the use of a sign as indicated by the visible or otherwise apparent intention of an owner to discontinue the use of a sign and/or structural framework; or the removal of the characteristic equipment or furnishing of the sign, without its replacement by similar equipment or furnishings; or the replacement of a nonconforming sign with a conforming sign. Abandonment The discontinuance of a use or structure for a continuous period of at least one (1) year in any Residential Zoning district, or at least two (2) years in any Nonresidential Zoning District. See Abutter See RSA 672:3 Abut or Abutting Adjoining or directly across the street or a stream. Comment: compare contiguous. Properties adjoining at a common property line are both abutting and contiguous. However, a property lying across the street from another property is considered abutting, but not contiguous, to that property. Accessory Apartment A second dwelling unit contained within the same building as a Single-Family Dwelling. Commentary: compare Dwelling, Accessory. Accessory Building See Building, Accessory. Accessory Structure See Structure, Accessory. Page 310 of 372

311 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Accessory Use See Use, Accessory. Active Open Space See Open Space, Active. Administrative Officer An officer of the city appointed by the mayor subject to confirmation of the Board of Aldermen pursuant to The term "Administrative Officer" shall also include the designees of the Administrative Officer. Advertising message Copy, symbols or wording on a sign describing products or services being offered to the public. ADT (Average Daily Traffic) The average number of cars per day that pass over a given point. AER Report The report entitled Analysis of Development Impact Fees in Nashua, October 1994, prepared by Applied Economics Research, Inc. See Agricultural Preservation Restriction See RSA 477:45. Airport See RSA 424:1. Airport hazard See RSA 424:1. Alley A minor right-of-way not intended to provide the primary means of access to the abutting lots, which is used for vehicular service access to the back or sides of properties otherwise abutting on a public street. Alteration Any change or rearrangement in structural parts or exit facilities; or an enlargement, whether by extending on a side or by increasing in height. Animated sign Any sign which includes action or motion, such as changing electronic sign or electronic message center. For purposes of this division, this term does not refer to flashing, changing or indexing. Antenna Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas. Comment: Excluded from the regulations enacted by Ord. No are antennas for television and radio reception, antennas used in the amateur radio service, antennas used for municipal, state, or federal emergency service, and any tower used exclusively for such antennas, or that part of any towers used partially or principally for those antennas. Page 311 of 372

312 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Application for Development Approval Any application for approval of a building permit, certificate of occupancy, rezoning, conditional use permit, variance, special exception, subdivision plan, site plan, or any other permit or decision required by this Chapter. Arcade An area contiguous to a street or plaza that is open and unobstructed to a height of not less than twelve (12) feet, which is supported on one side by columns or piers, and which is accessible to the public at all times. The term "arcade" does not include off-street loading areas, driveways, or off-street parking area. The floor of any arcade shall be level with the adjoining street or plaza. Arcade, Internal A street arcade that fronts on and adjoins a plaza or other space internal to a building lot rather than the front lot line. Arcade, Street An arcade that adjoins a front lot line. Area, Sign The space, on the largest single face of a sign, within and including a perimeter which forms the outside shape of a sign. Where signs are established back to back the larger face shall be calculated for purposes of determining allowable area. The space of a sign having no such perimeter or border shall be computed by enclosing the entire copy area within the outline of either a parallelogram, triangle, circle or any other easily recognized geometric shape and then computing the area. Where a sign is of a three-dimensional, round or irregular shape, the largest cross section shall be used in a flat projection for the purpose of computing sign area. Area of Shallow Flooding A designated A0, AH, or V0 zone on the Flood Insurance Rate Map (FIRM) with a one percent or greater annual possibility of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. See Area of Special Flood Hazard The land in the floodplain within the City of Nashua subject to a one percent or greater possibility of flooding in any given year. The area is designated as zone A on the FHBM and is designated on the FIRM as zones A, AH or A1-30. See Arterial Street Includes the following: (a) Any Principal Arterial. A Principal Arterial provides corridor movement suitable for substantial statewide or interstate travel and provides continuity for all rural arterials that intercept the urban area, serves the major traffic movements within urbanized areas such as between central business districts and outlying residential areas, between major intercity communities, or between major suburban centers, and serves a major portion of the trips entering and leaving the urban area, as well as the majority of the through traffic desiring to bypass the central city. (b) Any Minor Arterial. A Minor Arterial serves trips of moderate length at a somewhat lower level of travel mobility than principal arterials; provides access to geographic areas smaller than those served by the higher system, and provides intra-community continuity, but does not penetrate identifiable neighborhoods. Page 312 of 372

313 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire See (e), Table Awning A shelter of canvas, metal or similar material extending over a doorway or window to provide shelter from natural elements. Awning sign An awning sign is a sign painted on or attached flat or flush against the surface of the awning, but not extending above, below or beyond the awning or attached to the underside. See Background area The total area of a sign face on which copy could be placed, often referenced to in connection with wall signs. Banner sign A Banner sign is a temporary sign of lightweight material (paper, plastic or fabric) hung either with or without frames. A Permanent Banner Sign is a sign constructed of lightweight material (paper, plastic or fabric) attached by means of rigid frames to a pole in a permanent or semi-permanent fashion. See Banner Sign Permanent A sign constructed of lightweight material (paper, plastic or fabric) attached by means of rigid frames to a pole in a permanent or semi-permanent fashion. See Base Flood The flood having a one percent possibility of being equaled or exceeded in any given year. See Basement That portion of a building that is partly or completely below grade. Bed and breakfast An establishment operating primarily in a single family detached dwelling, or a building designated on the National Register of Historic Places and originally devoted to another use, that supplies temporary accommodations to overnight guests for a fee. Board of Public Works Specifications The document entitled "Board of Public Works, Standard Specifications" most recent revision. Boarding house See Lodging unit. Buffer An area of land separating distinct zoning districts or land uses that acts to soften or mitigate the effects of one land use on the other. Building A combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. Page 313 of 372

314 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Building, accessory A detached building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building. Building area The aggregate of the maximum horizontal cross-section area of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconies and terraces, expressed as a percentage of total lot area. Building, attached A building having any portion of one (1) or more walls in common with adjoining buildings. Building, detached A building having open space on all sides, and that is not an attached building. Building face or wall All window and wall or facade area of a building in one (1) plane or elevation. Building frontage The linear length of a building parallel to or closely facing the right-of-way. Building, principal A building that contains the principal use of the lot on which it is located. Bulletin Board Sign A sign erected by a charitable, educational or religious institution or a public body, which is erected upon the same property as such institution, for purposes of announcing events which are held on the premises of such institution. See Caliper The minimum diameter of a tree measured six (6) inches above the ground for trees up to and including four (4) inches in diameter and twelve (12) inches above the ground for trees having a larger diameter. Camper A temporary dwelling for travel, recreation and vacation use including: (1) Travel trailer: A vehicle which is towed, identified by the manufacturer as a travel trailer, built on a chassis eight (8) feet or less wide and thirty (30) feet or less in length and designed to move on a highway; (2) Pick-up coach: A structure designed to be mounted on a truck chassis or cut-down car; (3) Motor home: A self-propelled vehicle with a dwelling constructed as an integral part of the vehicle; (4) Camping trailer: A canvas or other foldable structure built on a chassis with wheels and designed to move on the highway. Camping trailer See Camper. Page 314 of 372

315 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Canopy (or marquee) A permanent roof-like shelter extending from part or all of a building face over a public or non-public right-of-way and constructed or a durable material such as metal, glass or plastic. Canopy or marquee sign Any sign attached to or part of a canopy or marquee. A Canopy or Marquee is a permanent roof-like shelter extending from part or all of a building face over a public right-of-way and constructed of a durable material such as metal, glass or plastic. See Cellar A portion of a building, partly or entirely below grade, which has more than one-half of its height measured from finished floor to finished ceiling, below the average established finished grade of the ground adjoining the building. A cellar is not deemed a story. See also Basement. Certificate of occupancy A statement signed by the Administrative Officer, setting forth either that a building or structure complies with this Chapter or that a building, structure or parcel of land may lawfully be employed for specified uses, or both. Changeable copy sign (manual) A sign that is designed so that the message, characters, letters or illustrations can be manually (as opposed to electronically) changed or rearranged without altering the face or the surface of the sign. (Also see "changing sign," "electronic message center," "temporary sign" and "portable sign.") Changing sign See Electronic Message Center. Charitable and public service signs A sign used for the purpose of publicizing a fund raising event for a nonprofit agency or established to provide information for the purpose of the public's welfare such as a community event, parade or festival. Cluster Subdivision See Conservation Subdivision. Co-location Locating additional antennas on an existing communications tower or other site where one or more antennas are already present. Collector Street A Street that collects traffic from local roads and channels it into the arterial system, and provides land access and traffic circulation within residential neighborhoods, commercial and industrial area. See (e), Table Colonnade A series of regularly spaced columns that support an entablature. A colonnade may also support a roof structure. Commercial Use Any use listed within the Commercial classification in the Use Matrix ( 16-26, Table 26-1). Page 315 of 372

316 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Commercial wireless telecommunication services Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. Committed development Proposed development pursuant to any approved, but unbuild, conditional plan or site plan. Common open space Active or passive open space specifically reserved for common use and enjoyment by a Homeowners Association Condominium, and restricted only for such recreational and conservation uses as tot lot, park, playground, playfield, swimming, golf course and conservation area. Common Ownership Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association. Communications tower Any ground or roof mounted pole, spire, structure, or combination thereof higher than fifty (50) feet free standing or twenty (20) feet from the tower's point of contact with a roof or water tank, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. Comment: Excluded from the regulations enacted by Ord. No are antennas for television and radio reception, antennas used in the amateur radio service, antennas used for municipal, state, or federal emergency service, and any tower used exclusively for such antennas, or that part of any towers used partially or principally for those antennas. Communications tower, multi-user A tower to which is attached the antennas of more than one (1) commercial wireless telecommunication service provider or governmental entity. Communications tower, single-user A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this Chapter. Conservation Easement See Conservation Restriction. Conservation Restriction See RSA 79-B:2 and RSA 477:45. Conservation Subdivision A subdivision that conforms to the requirements of Contiguous Adjoining at a common property line. Comment: compare abut. Page 316 of 372

317 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Contractor job sign A temporary sign that provides information about active on-site construction work including the name(s), address(es), and phone number(s) of principal contractor(s), architect(s), landscape architect(s), engineer(s) and/or and lending institution(s). Convenience Store Any retail establishment whose principal activity is offering for sale prepackaged food products, household items, newspapers and magazines, and freshly prepared foods, such as salads or sandwiches, for off-site consumption. A Convenience Store does NOT include retail dispensing or sales of vehicular fuels as an accessory use. (Compare definition of Multi-Use Gas Station / Convenience Store) Copy The wording or message on a sign surface in either permanent or temporary (removable/changeable) letter, electronic, or organic form. Copy area The area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign. When referring to a wall sign or facia sign, the copy area refers to the actual message or total area within a border or area highlighted within a contrasting background, not to the illuminated background. Also see "Area, Sign." Courtyard A pedestrian arcade, patio, promenade, or mall, whether covered by a roof or not, within or between any structure or buildings upon which the principal or main entrance to one or more retail businesses therein are located. A "Courtyard" does not include buildings with one or more retail businesses having their principal or main entrance off and adjacent to a parking lot or parking facility and with no direct public access to any public street or alley. Critical Areas Disturbed areas of any size within 50 feet of a stream, bog, waterbody, or poorly or very poorly drained soils; disturbed areas exceeding 2,000 square feet in highly erodible soils; or, disturbed areas containing slope lengths exceeding 25 feet on slopes greater than 15 percent. Day Care, Family Any family day care home or a family group day care home as defined in RSA 170-E:2. Density The number of dwelling units within a designated land area. For purposes of this Chapter, density means gross density unless otherwise provided. Density, Gross The number of dwelling units divided by the total land area subject to an Application for Development Approval, stated as dwelling units per gross acre. Density, Maximum The maximum number of permitted densities where indicated in this Chapter, stated as Gross Density unless otherwise indicated. Page 317 of 372

318 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Density, Minimum The minimum number of dwelling units that must be constructed where indicated in this Chapter, stated as Gross Density unless otherwise indicated. Density, Net The number of dwelling units divided by the net developable area. The net developable area means the land area of the site after deducting unbuildable areas including street rights-of-way, parks or open space required by Division 7 of Article V, and areas restricted from development pursuant to Article V, Division 5, stated as dwelling units per net acre. Detached single-family A residential building containing not more than one dwelling on a single lot. See Detached single-family condominium A residential use consisting of two (2) or more single family detached dwellings on a single lot. See Detached sign See "ground sign." Developed recreation facilities See Open Space, Active. Development (Floodplain Management) Any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operation. See Diameter at Breast Height (DBH) Diameter-at-breast-height is the tree trunk diameter measured in inches at a height of 4.5 feet above ground level. Dimensional Nonconformity A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the zoning district in which the property is located. See (a). Direct Light Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire. Directional sign A sign that is necessary for on-site public safety and convenience. Examples include signs located next to a driveway and reading "in," "out," "entrance," "parking," or "exit." See District A zoning district as established by of this Article. Disturbed Area An area where the natural vegetation has been removed exposing the underlying soil, or vegetation has been covered. Page 318 of 372

319 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Drive-in eating establishment A commercial establishment wherein food is usually served to and consumed by patrons while they are seated in parked cars. Driveway A private, vehicular access connecting a house, carport, parking area, garage, or other buildings to the street. Driveway approach A way or place including paving and curb returns between the street travel lanes and private property that provides vehicular access between the street and such private property. Driveway, Front-Loaded A Driveway that begins at, or abuts, the front property line of a Lot or Parcel. Duplex See Dwelling, Two-family. Dwelling (or Dwelling Unit) One (1) or more rooms providing complete living facilities for one (1) family, including kitchen facilities or equipment for cooking or provisions for the same, and including room or rooms for living, sleeping, bathing and eating. Dwelling unit, accessory A second dwelling unit contained within a detached building located on the same lot as a Single-Family Detached Dwelling. Commentary: compare Accessory Apartment. Dwelling, one family See Dwelling, Single-Family. Dwelling, Single-Family detached A One-Family Dwelling that is not attached to any other Dwelling by any means and is surrounded by open space or yards. Dwelling, Two-family (duplex) A detached house designed for and occupied exclusively as the residence of not more than two (2) families, each living as an independent housekeeping unit connected by a common wall. Dwelling, three-family (triplex) A detached house designed for and occupied exclusively as the residence of not more than three (3) families, each living as an independent housekeeping unit. A triplex is a form of multifamily dwellings. Dwelling, four-family (quadruplex) A detached house with common walls between the units, designed for and occupied exclusively as the residence of not more than four (4) families, each living as an independent housekeeping unit. A quadruplex is a form of multifamily dwellings. Page 319 of 372

320 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Dwelling, multifamily A dwelling or group of dwellings on one (1) lot containing separate living units for three (3) or more families, but which may have joint services or facilities. Triplexes (three-family dwellings) and quadruplexes (four-family dwellings) are considered multi-family dwellings. Dwelling, single-family A building containing one dwelling unit. Effective Date of this Chapter For purposes of Article III, Division 11 (Nonconformities), whenever this article refers to the effective date of this Chapter, the reference shall be deemed to include the effective date of any amendments to this Chapter if the amendment, rather than this Chapter as originally adopted, creates a nonconforming situation. Effective Impervious Area (EIA) Impervious area that is directly connected to wetlands, waterways or water bodies, not including manmade ponds for the purpose of stormwater management. EIFS An acronym for Exterior Insulation and Finish Systems (EIFS). EIFS is a multi-layered exterior wall system consisting of the following components: (1) insulation board constructed of, made of polystyrene or polyisocyanurate foam secured to the exterior wall surface with an adhesive and/or mechanical attachment; (2) a water-resistant base coat applied on top of the insulation and reinforced with fiber glass mesh; and (3) a finish coat consisting of acrylic co-polymer materials. Electronic Awning Sign A fireproof space frame structure with translucent covering designed in awning form, but whose purpose and use is signage. Such signs are internally illuminated by fluorescent or other light sources in fixtures approved under national and local electrical codes. Electronic message center (Also known as an "electronic changing sign, time, temperature, date and message centers; boards; or indexing signs." Also see flashing sign ) A sign that is either electronically or electrically controlled to illustrate different copy changes on the same sign. This sign's message may be changed by electronic switching or automatic switching of lamps or alteration in the level of illumination or other illumination source to form words, letters, designs, figures, numerals and pictures often through the apparent vertical or horizontal movement of light. Erosion The detachment and movement of soil or rock fragments by water, wind, ice, or gravity. Essential services Services provided by public utility or governmental agencies through erection, construction, alteration or maintenance of gas, electrical, telephone, steam or water transmission or distribution systems, and collection, communication, supply or disposal systems, whether underground or overhead. Facilities necessary for the provisions of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, pumping stations and other similar equipment and accessories in connection therewith. Specifically excluded from this definition are buildings necessary for the furnishing of adequate service by such public utility or governments agencies for the public health, safety or general welfare. Page 320 of 372

321 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Establish This term shall mean to attach, alter, build, construct, reconstruct, enlarge, move, hang, place, suspend, affix, erect, manufacture, and includes the painting of wall signs, but does not include copy changes on any permitted sign. Event An activity that occurs only during a designated time period scheduled in advance. An event may include a grand opening, election, a grand opening of a completely new business, the grand opening of a business that has relocated, the remodeling of an existing business (that requires a building permit), a cultural, sporting, carnival or other transitory event, or similar event. Existing The conditions, features or other characteristics of a building, structure or use that exists as of the effective date of this Article or, for a zoning district, the date of any rezoning. Face of sign The entire area of the sign on which copy could be placed. Also see "copy area" and "area." Facia sign See "wall sign." Family See household. FEMA The Federal Emergency Management Agency. Fire Code Any standard contained in Chapter 8 of the City Code or the fire code adopted by Chapter 8 of the City Code. Fire Separation Standards The required separation of buildings imposed by the fire code. Fixture The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. Flag Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. Flashing sign A flashing sign contains an intermittent light source or includes the illusion of intermittent light by means of animation or an externally mounted intermittent light source. Flood or Flooding A general and temporary condition of partial or complete inundation of normally dry land areas from: a. the overflow of inland or tidal waters, or Page 321 of 372

322 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions b. the unusual and rapid accumulation or runoff of surface waters from any source. Flood or Spot light Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. Flood Boundary and Floodway Map (Floodway Map) The official map of the City of Nashua, on which FEMA has delineated the "Regulatory Floodway". This map should not be used to determine the correct flood hazard zone or base flood elevation, the Flood Insurance Rate Map (FIRM) will be used to make determinations of flood hazard zones and base flood elevations. See Flood Elevation Study An examination, evaluation, and determination of flood hazards and if appropriate, corresponding water surface elevations, or an examination and determination of mudslide or flood related erosion hazards. For purposes of this Article, the Flood Elevation Study means the document entitled Flood Insurance Study for the City of Nashua, New Hampshire, published by the Federal Emergency Management Agency and dated July 3, 2002, and any amendments thereto, together with the associate flood insurance rate maps, which document is hereby incorporated by reference and declared to be a part of this Article. See Flood Insurance Rate Map (FIRM) The official maps incorporated with this Chapter, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the City of Nashua. See Flood Insurance Study See "Flood elevation study". Floodplain or Flood prone area Any land area susceptible to being inundated by water from any source (see definition of "Flooding"). See Flood proofing Any combination of structural and non structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents. See Floodway See "Regulatory Floodway". Floor area, gross The sum of the gross horizontal area or the several floors of a building and its accessory buildings on the same lot, measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or for commercial and/or industrial use, or malls within a shopping center utilized purely for pedestrian circulation and/or decorative purposes between individual shops of the center. Floor area ratio The ratio of the gross floor area to the total lot area. Footcandle A unit of illumination lighting a surface, on which there is uniformly distributed a light flux of one lumen over an area of one square foot. A lumen is a unit of measure of the quantity of light energy emitted by a Page 322 of 372

323 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire light source without regard to the effectiveness of its distribution. A candela is the unit of intensity of a light source in a specific direction. One candela directed perpendicular to a surface one foot away generates one footcandle of light. A light source of one candela emits a total of lumens. For purposes of this Chapter, the lumen output values shall be the initial lumen output ratings of a lamp. Forecourt An area that includes open space surrounded by a portion of a building façade that abuts a frontage line, and a portion of a building façade that is set back further. A forecourt may include a driveway, sidewalk or pedestrian pathway, but not a parking area. Forecourt Frontage line Freestanding sign See "ground sign." Freeway A divided arterial highway with four (4) or more lanes available for through traffic, with full control of access and grade separation at interchanges; namely, the F. E. Everett Turnpike. Functionally dependent use A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking and port facilities that are necessary for the loading/unloading of cargo or passengers, and ship building/repair facilities but does not include long term storage or related manufacturing facilities. See Garage A building or structure or a portion thereof, the principal use of which is or may be to store, house, keep, repair or service a motor vehicle or vehicles containing a flammable fluid or other propellant in its fuel storage tank. This does not include a new car salesroom. Garage, community A group of private garages, either detached or under one (1) roof, arranged in a row or around common means of access. Garage, private A garage for housing motor vehicles only, with a capacity of not more than four (4) vehicles. Page 323 of 372

324 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Garage, public Any garage not included in the definition of a private garage or a community garage. Gas Station A building or part thereof whose principal activity is the selling of gasoline, oil and related products for motor vehicles, provided: (1) Light maintenance activities such as engine tune-ups, lubrication, and minor repairs may also be provided if incidental to such principal use. (2) A Gas Station may also include areas not exceeding 1,000 square feet within the principal building that sell prepackaged food products for off-site consumption, household items, newspapers and magazines, incidental or accessory to the activities listed above. However, any such establishment that exceeds 1,000 square feet of gross floor area shall be classified as a Convenience Store rather than a Service Station. (3) Service stations do not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body work are conducted. Comment: Compare definition of Convenience Store. A Convenience Store sells only groceries and related items as a principal use of the property.] Glare Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness. Grade or Grade Plane A reference plane representing the average of finished ground level adjoining a building or structure along its exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 feet (1829 mm) from the building, between the building and a point 6 feet (1829 mm) from the building. [Reference: International Building Code 2000] Green An improved, passive open space surrounded by streets, and that is triangular or irregular in shape. Greenway or Greenbelt Passive open space improved only with trails or other pedestrian or bicycle passageways. Greenways link subdivisions to other subdivisions and to activity centers. Greenbelts are located on the edge of a subdivision or a community. Ground cover Any planting of low plants that cover the ground and shall include grass and all other plants adapted for such use. The use of wood chips, bark mulch, crushed stone and similar substances may be deemed ground cover where approved by the Planning Board. Ground sign A sign established on a freestanding frame, mast or pole and not attached to any building. Where such signs are established back to back, the larger face shall be calculated for the purposes of determining allowable area. See (a). Page 324 of 372

325 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Guest Home or Guest House An attached or detached building that: (1) has no kitchen or cooking facilities, (2) is located on the same lot as the principal dwelling unit, (3) is not rented or leased, and (4) is occupied for the sole use of members of the family, temporary guests, or persons permanently employed on the premises. Halfway house Any residence where two (2) or more people reside for the purpose of their rehabilitation, behavioral modification or therapeutic counseling. A halfway house may include a facility for the care and supervision of delinquent youth, persons with mental health illnesses, or substance abusers (e.g., alcoholism, drug addiction), or any other facility where persons are aided in readjusting to society following a period of imprisonment or institutionalized treatment. See 16-91(a). Hard Surface An asphalt or concrete surface that complies with any pavement thickness required in the Board of Public Works Specifications, or other surface approved in the Board of Public Works Specifications, but excluding rock, gravel, grass or dirt. Height The vertical distance from the adjacent grade to the top of the structure, the highest roof beams of a flat roof, the deck of a mansard roof, or the mean level of the highest gable or slope of a hip roof. Height of Luminaire The height of a luminaire shall be the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire. Height of sign The vertical distance measured from the adjacent undisturbed grade (unless otherwise indicated) of the sign to the highest point of the sign. Highest Adjacent Grade The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. See Highly Erodible Soils Any soil with an erodibility class (K factor) greater than or equal to 0.43 in any layer as found in Table 3-2 of the "Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas in New Hampshire." Historic Structure Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or Page 325 of 372

326 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: A. by an approved state program as determined by the Secretary of the Interior, or B. directly by the Secretary of the Interior in states without approved programs. Historical marker sign These signs may be placed only by a historical organization or by a governmental agency. Maximum area shall be two (2) square feet. These signs are allowed in all districts and no permit is required. Home occupation An accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services. Home occupation sign A sign used to draw attention to a home occupation or for noncommercial speech associated with a home occupation. Homeowner association A corporation, trust, or unincorporated association, the members of which consist of the owners of the development units or lots within a development, which owns and manages all private interior ways and the land not occupied by residential, commercial or industrial structures and lots, including facilities and structures thereon, in perpetuity. An association which individual owners share common interest in common open space and/or facilities. The association is in charge of preserving, managing and maintaining the common open space and/or facilities and will enforce certain covenants and restrictions. Hospital An institution providing organized inpatient diagnostic and nursing care for persons suffering from acute or chronic illness, injury or deformity requiring obstetrical or other care, including both inpatient and outpatient emergency services as may be required. Hotel A building or any part of a building containing rooming units without individual cooking facilities, for transient occupancy and having a common entrance or entrances, including an inn, motel, motor inn and tourist court, but not including a boardinghouse, lodging house or rooming house. Household A group of occupants of a dwelling unit restricted to the following two (2) categories: (1) Family -- An individual or two (2) or more persons related within the second degree or kinship or by marriage or adoption living together as a single housekeeping unit, including necessary domestic help such as nurses or servants not to exceed three (3) in number. (2) Unrelated Household -- A household not conforming to the definition of a "family. (See for occupancy restrictions relating to non-family households). Identification, sign See Page 326 of 372

327 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Illuminated sign Any sign which emanates light either by means of exposed tubing, electrical bulbs, fluorescent lights, neon tubes or lamps on its surface, or by means of illumination transmitted through the sign faces. Any decorative lighting that is used expressly for the purpose of advertisement shall be construed as a sign. Illumination, direct Signs that provide artificial light through exposed lighting on the sign face. Illumination, indirect Any sign which reflects light from a source intentionally directed upon it, for example, by means of floodlights or externally mounted fluorescent light fixtures. Illumination, internal Signs that provide artificial light through transparent or translucent material from a light source within the sign. Impervious surface Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil. Indexing The action of a multi-prism sign designed to show several messages in the same area by a turning and stopping action of the triangular vertical plane sections of the sign components. (Also see "changing electronic sign", "flashing sign.") Indirect Light Direct light that has been reflected or has scattered off of other surfaces. Individual letter sign Any sign made of self-contained letters that are mounted individually. See "copy area." Industrial Use or Industrial Structure Any use listed under the category Industrial and Manufacturing in the Use Matrix ( 16-26, Table 26-1). Industrial Park A comprehensively planned and unified, industrially oriented development containing at least two (2) separate buildings and protected by covenants and restrictions designed to control such things as architectural design or building facades, landscaping, screening, buffering, and environmental protection. Industrial parks typically have a mixture of industrial, service, office, and commercial activities and are designed to incorporate aesthetic and service amenities for the employees and patrons of the uses located within the park. Infiltration The entry of water from precipitation, irrigation, or runoff into the soil. Innovative Land Use Control A land use control authorized by RSA 674:21. Page 327 of 372

328 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Junk Any worn out, cast off or discarded articles or material ready for destruction or collected or stored for salvage or conversion to some use. Any article or material which is unaltered or unchanged and, without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk. Junk Yard (or Junkyard) See RSA 236:112. Lamp The component of a luminaire that produces the actual light. Landscaping The practice of adding and arranging trees, shrubs and ground cover over a tract of land for aesthetic purposes. Laser A device which produces an intense, coherent, directional beam of light by stimulating electronic or molecular transitions to lower energy levels. An acronym for Light Amplification by Stimulated Emission of Radiation. Level of Service Level of Service indicates the capacity per unit of demand for each public facility. It is an indicator of the extent or degree of service provided by a facility based upon and related to the operational characteristics of the facility. Level of Service, Adopted The level of service established in the adequate public facilities standards (see Article V, Division 3) as a standard for subdivision and site plan applications and the capital improvements program. (See ). Level of Service, Existing The actual level of service that exists when an application for subdivision or site plan approval is filed. Light Trespass The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. Living area See Loading space An off-street space used exclusively for loading and unloading of goods and materials from one (1) vehicle. Local Street See (e), Table Location For purposes of Article III, Division 9, any lot, premises, building, structure, wall, or any place upon which a sign is located. Lodging house A building containing lodging units. Page 328 of 372

329 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Lodging unit One (1) or more rooms for the semi-permanent use of one (1) or more individuals not living as a single housekeeping unit and not having cooking facilities. A lodging unit shall include rooms in boardinghouses, lodging houses, tourist homes and rooming houses. Lot An area or parcel of land or any part thereof, not including water area, in common ownership, designated on a plan filed with the Administrative Officer by its owner or owners as a parcel to be used, developed or built upon as a unit under single ownership or control. Lot, corner A lot at the point of intersection of, and abutting on, two (2) or more intersecting streets, the interior angle of intersection of the street lot lines or, in case of a curved street, extended lot lines, being not more than one hundred thirty-five (135) degrees. Each street frontage shall be considered a front yard. Lot depth The mean horizontal distance between a front lot line and a rear lot line. Lot frontage The horizontal distance measured along a front lot line between the points of intersection of the side lot lines with the front lot line. The length of the closest adjacent property line parallel or substantially parallel to an adjoining public right-of-way. Lot, interior A lot in which the side lot lines do not abut a street. Lot line The lot lines bounding a lot. Lot line, front The property line dividing a lot from a street right-of-way. Lot line, rear The lot line opposite from the front lot line. Lot line, side Any lot line that is not a front or rear lot line. Lot, nonconforming A lot lawfully existing on the effective date of this Chapter or any subsequent amendment hereto, which is not in accordance with all the provisions of this Chapter. Lot, through A lot that has at least two (2) opposite lot lines that abut streets. Lot width The horizontal distance between the side lot lines as measured at the minimum front yard depth required by this article, and parallel to the street line. Page 329 of 372

330 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Lounge Portion of a restaurant intended primarily for consumption of beverages. Lowest Floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such an enclosure is not built so as to render the structure in violation of the applicable non elevation design requirements of this Chapter. See Lumen (A unit of luminous flux.) One footcandle is one lumen per square foot. For the purposes of this section of the ordinance, the lumen-output values shall be the INITIAL lumen output ratings of a lamp. Luminaire This is a complete lighting system, and includes a lamp or lamps and a fixture. Maintain To permit a sign, sign structure or any part of each to continue; or to repair or refurbish a sign, sign structure or any part of each. A sign shall be maintained in good repair for reasons of public safety and aesthetics. Manufactured Home A portable structure eight (8) feet or more wide, thirty (30) feet or more in length, used or designed for year-round living and provided with running water and sanitary facilities, whether or not such vehicle is actually immobile because of temporary or permanent utilities, connections, foundations or other features attached to a fixed site. For purposes of Article III, Division 6 (Floodplain Management), a manufactured home means A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" includes park trailers, travel trailers, and other similar vehicles placed on site for greater than 180 days (see ). Manufactured housing Any structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width and 40 body feet or more in length, or when erected on site, is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, which include plumbing, heating and electrical heating systems contained therein. Manufactured housing as defined in this section shall not include pre-site built housing as defined in RSA 674:31-a. [Source: RSA 674:31.] Marina A commercial waterfront facility whose principal use is the provision of publicly available services such as the securing, launching, storing, fueling, servicing and repairing of watercraft. Marquee See "canopy." Marquee sign See "canopy or marquee sign." Mean annual high water mark The line from visible markings and changes in soils and vegetation from the prolonged presence of water which distinguishes between predominantly aquatic and terrestrial land. Page 330 of 372

331 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Mean Sea Level The National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a communities Flood Insurance Rate Map are referenced. See Mechanical or electronic amusement device Any mechanized or electronic game, entertainment or amusement device requiring insertion of coins, currency or tokens, or payment to an attendant and is intended to entertain the operator(s). Such devices include, but shall not be limited to, video games, pin-ball machines, and coin-operated pool tables, but shall not include juke boxes or other devices used solely for the reproduction of music. Membership club A social, sports or fraternal association or organization used exclusively by members and their guests and not conducted as a gainful business. Message The wording or copy on a sign. See "copy." Mixed Use Building A building containing mixed commercial and residential uses where commercial use are located primary on the first floor, with dwelling units occupying the second floors or above. Mobile home For purposes other than Article III, Division 6, a mobile home is a dwelling unit constructed in a factory that does not meet the definition of a manufactured home or a modular home. For purposes of Article III, Division 6, see definition of Manufactured Home, above. Mobile home park A parcel of land containing at least fifteen (15) acres upon which one (1) or more mobile homes or house trailers are parked or intended to be parked for living purposes. Modular Home A dwelling unit constructed in accordance with the standards set forth in the city s building code applicable to site built homes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. [See Comment under Manufactured Housing. ] Motor home See Camper. Multi-family dwelling A building containing three (3) or more dwelling units, including an apartment house, garden apartment house, multifamily dwelling and townhouse or condominium. Multi-prism sign See "indexing." Municipal Water System The Pennichuck Water Works (PWW) or any successor system. Page 331 of 372

332 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Municipal Sewer System The sewer system owned by the City of Nashua and operated by the Board of Public Works. Nameplate A non-electrical sign identifying only the name, occupation or profession of the occupant of the premises on which the sign is located. If any premises includes more than one (1) occupant, "nameplate" means all names and occupations or professions as well as the name of the building and directional information. Natural Area An environmentally sensitive area left undisturbed to provide an amenity for the development. New development Any building permit application that is submitted to the city that results in: (1) The construction of a new dwelling(s); (2) The conversion of an existing non-residential use to a dwelling(s). New development does not include: (1) The reconstruction of a structure that has been destroyed by fire or natural disaster, and natural deterioration provided that there is no change in the size, density, or use of the structure; (2) The replacement of a manufactured home; or (3) The construction of an accessory structure to a dwelling that would not increase the demand for public capital educational facilities by the owner or user of the dwelling. (4) The addition/renovation(s) to an existing dwelling(s). See Article III, Division 7, Impact Fees. Nonconforming Sign A sign lawfully existing at the time of adoption or subsequent amendment of Article III, Division 11. See (a). Nonconforming Situation A situation that occurs when, on the effective date of this Chapter, an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. A nonconforming situation includes: (a) (b) (c) (d) Any dimensional nonconformity or nonconforming structure; or Any nonconforming lot; or Any nonconforming use; or land or buildings are used for purposes made unlawful by this Chapter. Nonconforming signs shall not be regarded as nonconforming situations for purposes of this definition, but instead are governed by Nonconforming Structure Any building, structure, or paved surface that contains a Dimensional Nonconformity. Page 332 of 372

333 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Nonconforming Use The use of property for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use.) See (a). Nonprofit Entitled to real estate tax exemption under the laws of the state. l00 Year Flood See "base flood". See Office Use or Office Building A place where the business of a commercial, industrial, service or professional organization is transacted, but not including retail sales, manufacturing, clinic, financial institution, personal services, place of amusement or place of assembly. This includes any use or building listed in LBCS Function Codes , , or , LBCS Structure 2110 or 2400, or NAICS or Open space The space on a lot unoccupied by buildings, unobstructed to the sky by manmade objects, not devoted to streets, driveways, off-street parking or loading spaces. Open Space, Active Any park and recreational facility that is not dependent upon a specific environmental or natural resource, which is developed with recreation and support facilities that can be provided anywhere for the convenience of the user. Open Space, Passive Areas in and located due to the presence of a particular natural or environmental setting and which may include conservation lands providing for both active and passive types of resource-based outdoor recreation activities that are less formalized or program-oriented than activity-based recreation. Resource-based outdoor recreation means and refers to activities requiring a natural condition that cannot easily be duplicated by man. Open Space Percentage The space on a lot unoccupied by buildings, unobstructed to the sky by manmade objects, not devoted to streets, driveways, off-street parking or loading spaces. See (m). Outdoor Café An "outdoor cafe" is a portion of an eating or drinking place, located on a public sidewalk, that provides waiter or waitress service and is either an enclosed or unenclosed sidewalk cafe as defined herein. No portion of a sidewalk cafe shall be used for any purpose other than dining and circulation therein. An "enclosed sidewalk cafe" is a sidewalk cafe, which is contained within a one-story structure constructed predominantly of light materials such as glass, slow burning plastic, or lightweight metal. An "unenclosed sidewalk cafe" is a space on the sidewalk, which contains readily removable tables, chairs, or railings. An unenclosed sidewalk café is open to the sky except that it may have a retractable awning or umbrellas. For the purposes of this Chapter "readily removable" shall mean that no object which is part of the unenclosed sidewalk cafe, such as a table, chair, planter, or any other fixture, shall be leaded, cemented, nailed, bolted, power riveted, screwed in or affixed, even in a temporary manner, to either the sidewalk in which it is placed, to the building or to any other structure which it abuts. Page 333 of 372

334 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Outdoor lighting The night time illumination of an outside area or object by any man-made device located outdoors that produces light by any means. Owner Any person having vested or equitable interest in the use, structure or lot in question, or his duly authorized agent, attorney, purchaser, devisee, trustee or lessee. Parapet or parapet wall The portion of a building wall elevated above the roof level. Parcel A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity. Park industrial sign A sign located adjacent to and intended to identify the entrance to multibuilding park industrial developments situated. See (c). Park or Playground An Open Space improved with playground equipment or other active open space improvements. These may be surrounded by street frontages and building frontages, but this is not necessarily required.. Parking lot Any area, not within a building or other structure, where motor vehicles may be stored for the purpose of temporary, daily or overnight off-street parking to include a motor vehicle display lot and/or a commercial parking lot. Parking signs See "directional sign." Parking space An off-street space for exclusive use as a parking stall for one (1) motor vehicle. Passageway A connector providing access exclusively to pedestrians and located between buildings. Passageways provide shortcuts through blocks, or connect rear-parking areas with street frontages. An area between buildings located interior to a block, and which either (1) extends from the public sidewalk to a public space interior to the block, or (2) connects two streets. Passive Open Space See Open Space, Passive. Peak discharge The maximum instantaneous rate of flow during a storm, usually in reference to a specific design storm event. Permeable Pavement A pavement system with traditional strength characteristics, but which allows rainfall to percolate through it rather than running off. A permeable pavement system utilizes either porous asphalt, pervious concrete, or plastic pavers interlaid in a running bond pattern and either pinned or interlocked in place. Porous asphalt consists of an open graded course aggregate held together by asphalt with sufficient interconnected Page 334 of 372

335 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire voids to provide a high rate of permeability. Pervious concrete is a discontinuous mixture of Portland cement, coarse aggregate, admixtures, and water which allow for passage of runoff and air. Examples of permeable pavement systems include Grasspave2, Gravelpave2, Turfstone, and UNI Eco-stone. (Reference: Watershed Management Institute, Inc. and U.S. Environmental Protection Agency, Office of Water, Operation, Maintenance & Management of Stormwater Management (Aug. 1997), at 2-32; Booth & Leavitt, Field Evaluation of Permeable Pavement Systems for Improved Stormwater Management, 65 J. Am. Planning Ass'n 314 (Summer 1999), at Permit Issuing Agency Any agency, board or commission that issues or approves any of the land use decisions or permits as described in Article IV. Pervious Surface See Permeable Pavement, above. Pick-up coach See Camper. Plan The map, drawing or chart on which a applicant's final plan of subdivision is presented to the board for approval and which, if approved, will be submitted to the register of deeds of the county for recording. Plaza A hard-surfaced area adjoining the front of non-residential, multifamily or civic buildings. (Greens and squares, by contrast, are not hard-surfaced). Buildings directly adjoin the plaza, rather than facing it across a street. Pole sign See "ground sign." Political sign A sign advertising a candidate or issue to be voted upon on a specific election day, and that is attached to the ground by a stake or stakes, but which excludes any other sign defined as a portable sign. Porch A roofed structure projecting from the front, side or rear wall of a building, either enclosed or open, not used as habitable living space. Portable sign Any sign not permanently attached to the ground or a building. Portal A building entryway at least twenty-four (24) feet in height and twelve (12) feet in width, and which contains decorative architectural treatments. Portico A porch with a roof supported by columns. Page 335 of 372

336 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Premises A lot or number of lots on which are situated a building or group of buildings designed as a unit or on which a building or a group of buildings are to be constructed. Pretreatment Limited treatment of stormwater runoff provided prior to discharge of such runoff to the stormwater management system, and is intended to remove coarse solids, thereby facilitating maintenance and enhancing the longevity of the stormwater management system. Principal Building Or Principal Structure A building or structure or, where the context so indicates, a group of buildings or structures, in which the Principal Use of a lot or parcel is conducted. This shall include any buildings which are attached to the principal structure by a covered structure. Principal Dwelling A Dwelling Unit which constitutes the Principal Building or Principal Structure on a lot or parcel. Principal Structure See Principal Building or Principal Structure. Principal Use See Use, Principal. Project Area The area within the subdivision or site plan boundaries. Projecting sign A sign, other than a wall sign, which is attached to and projects in a perpendicular fashion more than twelve (12) inches beyond the surface to which it is affixed. A projecting sign is meant to be viewed from a position other than directly facing the building. See (a). Proposed Development Any development proposed by an Application for Development Approval. Public capital facilities All assets, facilities, and equipment relating to public education services that are described in RSA 674:21, V. Public Facilities Any of the Capital Improvements listed as subject to Article V, Division 3 (Adequate Public Facilities). Commentary: this list is presently confined to Streets. Public right-of-way The portion of a public street dedicated to and accepted by the city as measured from property line to property line. Public utility Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this article, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately. Page 336 of 372

337 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Public Utility Structure Any structure including a line, pipe, building, building, station, or facility used to deliver or provide a public utility to the general public. Real estate rider board A sign that either hangs from the base of or is established on top of a real estate sign. Real estate sign A temporary nonelectrical ground or wall sign that either: (1) Advertises the on-site sale, rental or lease of a premises or a portion thereof (In such case signs must be removed within thirty (30) days after the sale, rental or lease); or (2) the off-site advertising of an open house. Recessed Entryway A recess or niche located on the front façade of a building and which leads to a principal entry. A recessed entryway is unenclosed on the side adjoining the sidewalk, plaza or public right-of-way, enclosed on the opposite side with a wall containing a doorway, and enclosed on the other sides. Recharge Water that infiltrates into an aquifer, usually from overlying soils. Recreational Vehicle A vehicle that is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. See Redevelopment The development, rehabilitation, expansion, and completion of phased projects on previously developed sites. Registration For purposes of Article III, Division 9, the registering of signs shall consist of an official record maintained by the Administrative Officer as to the purpose of signage and containing the date of establishment and removal. Regulatory Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation. These areas are designated as floodways on the Flood Boundary and Floodway Map. See Repair Any construction which replaces materials and does not change the height, number of stories, size, use or location of a structure. Page 337 of 372

338 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Restaurant Eating and drinking establishment where consumption is primarily intended to be within the building. Retail Use A building or part of a building where merchandise, food, articles, or things are offered or kept for sale directly to the public at retail. This includes any use listed under the category Commercial in the Use Matrix ( 16-26, Table 26-1) except for the following: Bank, credit union, savings institution, or other finance and insurance services; flex space; mobile homes as offices; or office uses or office buildings. Roof line The top edge of the roof or the top of the parapet, where the junction of the roof and the perimeter wall of the structure forms the top line of the building silhouette. Roof sign A sign established upon, against, or directly above a roof, or on the top of or above the parapet of a building. See "parapet." See (a). Rooming house See Lodging unit. Rotary or Circle A circular area containing a monument or similar device, and which organizes buildings or movement around a center. Buildings facing a Rotary are concave, while those facing a Circle are convex. Rotating sign Any sign or portion of a sign which moves in a revolving or similar manner, but not including multi-prism indexing signs. Runoff Precipitation, snow melt, or irrigation that flows over the land, eventually making its way to a surface water such as a stream, river, or pond. Screening A visual barrier which blocks out a use on one (1) property from abutting properties. Screening shall consist of a landscaped area containing plant materials, walls and/or fences. (Article V, Division 7) Sediment Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion. Service station See Gas Station. Setback An area lying between the furthest projection of a principal structure and the property line of the lot on which the structure is located. Where a yard abuts a street, the setback is the area lying between the abutting street right-of-way line and the furthest projection of a principal structure. See 16-27(e)(1). Shoreline Frontage The average of the actual natural navigable shoreline footage and a straight line drawn between property lines, both of which are measured at the reference line. Page 338 of 372

339 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Shrub A usually several stemmed, woody plant that is maintained in low growing habit. Sign A permanent or temporary device, structure, light, letter, word, two- or three-dimensional, object or copy, model, banner, streamer, pennant, display, insignia, emblem, trade flag, presentation by figures, designs, pictures, logos or colors visible to the public from outside a building, from a traveled way or otherwise. The purpose of a sign is to convey a message to the public, to advertise, direct, invite, announce, or draw attention to, directly or indirectly, a use conducted, goods, products services or facilities available, either on the lot or on any other premises. Includes any permanently installed or prominently situated merchandise. For the purpose of removal, signs shall also include all sign structures and appurtenances. Sign label All signs shall have a label affixed to the sign visible from the street with the following information: (1) Name of the sign fabricator or installer. (2) The electrical power consumption, in both volts and amperes. The information shall be sufficient in size and contrast to be readable by city officials upon close inspection. Sign structure Any framework, either freestanding or an integral part of the building, which supports or is capable of supporting any sign, including decorative cover. Slope The ratio of elevation change to horizontal distance, expressed as a percentage. Slope is computed by dividing the vertical distance by the horizontal distance, and multiplying the ratio by one hundred. For purposes of this Chapter, a slope shall include only those areas with a horizontal distance of at least fifty (50) feet. Special Assessment An assessment for the cost of constructing and/or maintaining property especially benefited by the improvement pursuant to RSA 49-C:25 et seq. Special exception A use of a structure or lot, or any action upon a premises, which may be permitted under this article only upon application to and the approval of the Zoning Board of Adjustment and in accordance with this Article. Special Flood Hazard Area An area having flood, mudslide, and/or flood related erosion hazards, and shown on an FHBM or FIRM as zone A, A0, Al 30, AE, A99, AH, V0, Vl 30, VE, V, M, or E. See Square An improved, passive open spaces surrounded by streets and building frontages, and limited in area to one block. Page 339 of 372

340 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Stabilized When the soil erosion rate approaches that of undisturbed soils. Soils which are disturbed will be considered stabilized when covered with a healthy, mature growth of grass or, for a temporary condition only, a covering of hay or mulch (2 tons/acre). Start of Construction Includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling ; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure. See Stereopticon An optical projection instrument making multiple use of the magic lantern, or a projection instrument that uses lenses to throw on a screen a magnified image from a transparent slide or from an opaque object such as a photograph or the page of a book. The stereopticon combines two or three magic lanterns to focus, in the same area of light on the screen or wall, dissolving views or combinations of images. Stoop A raised platform located at the entry of a building and approached by steps. A stoop may have a roof. Stormwater management system A conveyance system for the capture, treatment, and discharge of stormwater runoff. Story The portion of a building which is between one (1) floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds one-third of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is six (6) or more feet above the finished grade. A cellar shall not be deemed to be a story. An attic shall not be a story if unfinished and without human occupancy. Story, half A story under a gable, hip or gambrel roof, the wall planes of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of the story. Stream Areas of flowing water occurring for sufficient time to develop and maintain defined channels but may not flow during dry portions of the year. Includes but is not limited to all perennial and intermittent streams located on U.S. Geological Survey Maps Street A road, thoroughfare or way that affords the means of access to adjacent lots and is devoted to vehicular travel, and measured from property line to property line. Also see "public right-of-way." Includes any street, avenue, road, lane, viaduct, boulevard, alley, highway or other way, whether public or private. (1) Expressways are generally limited-access highways designed to carry large volumes of high speed interstate and intercity traffic. Page 340 of 372

341 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire (2) Major streets are streets designed or required to carry large volumes of traffic to, from or through the central part of the city. (3) Collector streets are streets designed or required to collect traffic from minor streets and distribute traffic to major streets. (4) Commercial streets are streets designed or required to serve industrial or mercantile concentrations and to carry traffic from these concentrations to major streets. (5) Residential streets are streets designed or required to provide vehicular access to abutting residential properties. (6) Service streets are streets designed or required to provide vehicular access to abutting commercial properties. (7) Access streets are minor ways designed or required to provide vehicular access to off-street loading or off-street parking facilities. Structure A combination of materials for occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, shelters, piers, wharves, bin, fence, sign or the like. [Comment: Compare Building. ] Structure, Accessory A detached structure, the use of which is customarily incidental and subordinate to that of the principal use, principal building or principal structure, and which is located on the same lot as that occupied by the principal use, principal building or principal structure. Structure (Floodplain Management) For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. See Subdivision A subdivision means any activity defined in RSA 672:14. Subdivision identification sign A sign intended to identify the name of a residential subdivision located in a residential district. Substantial Damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent (50%) of the market value of the structure before the damage occurred. Substantial Improvement Any combination of repairs, reconstruction, alteration, or improvements to a structure in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure. The market value of the structure should equal: (1) the appraised value prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects Page 341 of 372

342 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions the external dimensions of the structure. This term includes structures which have incurred substantial damage, regardless of actual repair work performed. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". Telephone Repeater Station A building used for housing amplifying equipment along aerial or underground telephone cable routes. Temporary outdoor lighting The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than 30 days, with at least 180 days passing before being used again. Temporary sign Any sign which is not permanently established, including trailer and portable signs. See Toxic or hazardous material Any substance or mixture with physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes acids and alkalis, and all substances defined as toxic or hazardous under applicable state or federal statutes, and also include such products as solvents and thinners in quantities greater as solvents and thinners in quantities greater that normal household use. Tourist home A private dwelling that is not part of or used in conjunction with any other establishment and in which there are at least four rooms for rent to the traveling or vacationing public, whether rented regularly, seasonally, or occasionally. Townhouse A single dwelling unit whose sidewalls are separated from other dwelling units by a fire wall or walls. Each unit in the row may be owned by a separate owner (condominiums). Townhouse For purposes of Article III, Division 7 (Impact Fees), a townhouse means at least two (2) dwellings that share a common wall in which each dwelling has living space on the ground floor and a separate, ground floor entrance. See Trailer sign See "portable sign" and "temporary sign." Travel trailer See Camper. Treated stormwater Stormwater runoff that meets the requirements set forth in Article V, Division 11. Tree A woody perennial plant having a single usually elongate main stem, generally with few or no branches on its lower part. Page 342 of 372

343 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire Unenclosed A building, structure, or roofed projection that has no more than fifty percent (50%) of each outside wall area enclosed by a wall or other solid, opaque structure, or windows, but not including meshed screens. Use The purpose for which a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained. Use, accessory A use incidental and subordinate to the principal use of a structure or lot, or a use not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall not exceed forty (40) percent of the area of the total use of the structure and/or lot on which it is located. Use, nonconforming See Nonconforming Use. Use, principal The main or primary purpose for which a structure or lot is designed, arranged or intended, or for which it may be used, occupied or maintained under this article. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the principal use and permitted under this article shall be considered an accessory use. Use, substantially different A use which by reason of its normal operation would cause readily observable differences in patronage, service, appearance, noise, employment or similar characteristics from the use to which it is being compared. Utility or Utilities Buildings, structures, or land used by a public utility, corporation, railroad, or governmental agency for uses such as, but not necessarily limited to, water or sewage treatment plants or pumping stations, communications, substations, telephone exchanges, and resource recovery facilities, but not including land, buildings, or structures used solely for storage and maintenance of equipment and materials. Utility sign These signs are noncommercial in nature and identify the location of gas lines, water lines or phone cables, often warning of the potential hazard of digging or excavation in the immediate area. Variance Such departure from the terms of this article as the Zoning Board of Adjustment, upon appeal in specific cases, is empowered to authorize under this article. Wall sign Any sign attached parallel to the building wall, false wall or false roof, or other façade surface that does not extend more than twelve (12) inches from said surface, or does not vary more than thirty (30) degrees from the plane of the building's parallel wall, and that has only one (1) sign face that is intended to be read parallel to the wall or other surface to which it is mounted. A wall sign includes any sign established on a penthouse above the roof of a building, as long as the wall of the penthouse is on a plane parallel to the wall of the building. See (a). Page 343 of 372

344 Land Use Code City of Nashua, New Hampshire Article X Division 1, Definitions Water Surface Elevation The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains. See Wetland Buffer For purposes of Article III, Division 10 (Wetlands), a wetland buffer means an area of land adjacent to a wetland (or stream, river, etc.) that is protected from development in order to protect a wetland and its functions, such as: A protective barrier that filters out particles, sediment, and pollutants. Flood storage. Wildlife habitat. Wetlands Soils which are poorly or very poorly drained as defined by the Soil Conservation Service, the United States Department of Agriculture and identified in the county soil handbook. These soils have a water table at or very close to the surface of the ground throughout a major portion of the year (a minimum of seven (7) to nine (9) months out of the year). For the purposes of this article, wetlands are those wetlands defined and delineated in accordance with the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated Window Sign A sign established within twelve (12) inches of window plane inside a window for purposes of viewing from outside the premises. Such sign shall not be construed to include merchandise located in a window. Yard A portion of a lot upon which the principal building is situated, unobstructed artificially from the ground to the sky, except as otherwise provided herein. Yard, front A yard extending for the full width of the lot between the front line of the nearest building wall and the front lot line. Yard, rear A yard, unoccupied except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line. Yard, side Yard extending for the full length of a building between the nearest building wall and the side lot line to Reserved List of Abbreviations CIP DES NRO RSA Capital Improvements Program New Hampshire Department of Environmental Services Nashua Revised Ordinances Revised Statutes Annotated Page 344 of 372

345 Article X Division 1, Definitions Land Use Code City Of Nashua, New Hampshire ZBA Zoning Board of Adjustment to Reserved Page 345 of 372

346 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements Division 2. Submittal Requirements Submittal Requirements B-1 Generally This section establishes the information, materials, and permitting fees needed to submit a complete application for the various permits or other land use decisions required by this Chapter. An interpretation of this Division as applied to a site plan or subdivision plan may be rendered by the Planning Board as part of an application for subdivision or site plan approval (Article IV, Divisions 4 and 5). An appeal from the interpretation of this Division, as applied to the Zoning ordinances (Articles III) of this Chapter may be filed with the Zoning Board of Adjustment pursuant to B-2 Fees (a) Planning Board fees Before any subdivision plan or site plan can be placed on the agenda of the Planning Board for action, the following fee shall have been paid. (1) Subdivision plan One hundred dollars ($100.00) per lot plus a two hundred seventy-five dollar ($275.00) application fee. For any plan submitted to the planning staff for recording at the county registry of deeds, the county registry of deeds recording fee and a handling fee of twenty dollars ($20.00) shall be collected prior to such recording. (2) Site plan A. Residential: One hundred dollars ($100.00) per dwelling unit, plus a two hundred seventy-five dollar ($275.00) application fee. B. Commercial, industrial, semipublic civic, and recreational facilities: One hundred dollars ($100.00) per one thousand (1,000) square feet or fraction thereof, plus a two hundred seventy-five dollar ($275.00) application fee. (3) Minimum; additional fees Including minor site plan amendments. In no instance is the fee to be collected to be less than two hundred seventy-five dollars ($275.00) (4) Rezoning fee All applications for rezoning shall be accompanied by an application fee of eight hundred and twenty-five hundred dollars ($825.00). (5) Inspection fee A site plan/subdivision inspection fee of fifty dollars ($ 50.00) shall be assessed per each inspection. All fees to be paid prior to the final certificate of occupancy being issued or at a time agreed to by the Planning Director or his/her designee. Page 346 of 372

347 Article X Division 2, Submittal Requirements Land Use Code City Of Nashua, New Hampshire (6) Abutter notification The abutter notification fee shall be any necessary postal fees plus three dollars ($3.00) per abutter. Any subdivision or site plan placed on the agenda for a meeting of the Planning Board which is postponed due to errors or omissions caused by the applicant shall require payment of all mailing costs and an additional fifty dollars ($50.00) processing fee for each time the plan is subsequently placed on the agenda of the Planning Board. (7) Research Fee Department research fee for information, files or archives in excess of 15 minutes shall be forty dollars ($40.00) for an hour and twenty dollars ($20.00 for a half hour or portion thereof. (8) On-site Notice of Public hearing An applicant shall pay fifteen dollars ($15.00) for each required on site notification sign. A recovery fee of one hundred dollars ($100.00) shall be paid by the applicant for each sign remaining on site in excess of seven (7) days of the public hearing. (9) Special Use Permit for Development of Lots with Access from Paper Streets An applicant shall pay a minimum application fee of two hundred fifty dollars ($250.00) for each special use permit for a development of a lot whose sole access is by a right of way which was dedicated to public use by being shown on a subdivision plan. See 6-8. (b) Permit and application fees No permit to begin work for new construction, alteration, removal, demolition or other building operation shall be issued until the fees prescribed in this Section shall have been paid to the administrative officer nor shall an amendment to a permit necessitating an additional fee because of an increase in the estimated cost or scope of work involved be approved until the additional fee shall have been paid. The fees for land use permits shall be charged as follows: The total amount of the fee shall be rounded to the nearest dollar. (Drop the total amount due under 50 cents and increase the total amount due from 50 to 99 cents to the next whole dollar.) (1) Residential minimum land use review fee $25.00 (sheds, decks, pools, etc.) (2) Residential additions/alterations (other than new units) $55.00 (3) Residential new unit (less than 4 units) $ per unit (4) Commercial land use application fee $ or 25% of building permit fee, whichever is more (5) Change of use $ (6) Demolition $25.00 (7) Minor Home Occupation $30.00 (8) Other $25.00 (9) Voluntary Merger of Parcels $25.00 (10) Zoning verification letter $50.00 (11) Flood Plain letter $25.00 (12) Copy of Chapter 16 of the NRO $25.00 (13) Map Reproduction $10.00 (14) Duplication of public hearing tapes (first tape) $25.00 If owner supplies tapes first tape reduced to $15.00 Each additional tape $5.00 (15) Subdivision plan review of individual sewage disposal systems, per review $20.00 (16) Test pit, each (includes subdivision test pits) see NRO (f)(1) Page 347 of 372

348 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements (c) Appeals A fee to cover the cost of processing and notification shall be paid to the Administrative Officer at the time of submittal of the petition for an appeal ( ) or by variance ( ) to such Administrative Officer. The following fee schedule shall be utilized in determining processing and notification costs: (1) Basic fee for use variance, eight hundred and twenty five dollars ($825.00). (2) Basic fee for special exception petitions involving the following: A. filling of floodplains, four hundred forty dollars ($440.00) B. Filling of wetlands, four hundred forty dollars ($440.00) C. Planned business developments, four hundred forty dollars ($440.00) D. Planned industrial developments, four hundred forty dollars ($440.00) E. Processing/removal of raw material, four hundred forty dollars ($440.00) (3) Basic fee for all other petitions except as otherwise noted, three hundred thirty dollars ($330.00). (4) Applications with more than one (1) request, two hundred dollars ($200.00). (5) the abutter notification fee shall be any necessary postal fees plus three dollars ($3.00) per abutter. Additional postal fees do not apply to existing residential structures on lots containing three (3) residential units or less. The time and date of the hearing shall not be set, nor shall notices be sent out, unless and until all the supporting documents, including all permits, plans, approvals and other documents required for the application have been filed with the Administrative Officer. Additionally, any postponement caused by the applicant, unless the direct result of a Zoning Board of Adjustment action, shall necessitate the payment of a processing fee of fifty-five dollars ($55.00). (d) Sign Permits Permit Fees. The issuance of a sign permit shall be accompanied by a fee calculated per sign in accordance with the following fee schedule: (1) 50 square fee or less $50.00 (2) 51 to 150 square feet $95.00 (3) 151 square feet and over $ (e) Historic District Commission Before any application can be place don the agenda of the Historic District commission for action, a fee of thirty dollars ($30.00) shall have been paid. (f) Conservation Commission Before any application can be placed on the agenda of the Conservation Commission for action, the following fee shall have been paid. (1) Two hundred and seventy-five dollars ($275.00) for any project that requires a site plan or subdivision plan to be filed with the Planning Board. (2) One hundred ten dollars ($110.00) for all other applications. (g) Board of Public Works The Board of Public Works may establish fees for permit review and inspections. Page 348 of 372

349 Article X Division 2, Submittal Requirements Land Use Code City Of Nashua, New Hampshire B-3 to B-10 Reserved B-11 Building Permits and Land Use Permits In addition to plans and drawings required for submission under regulations of the building code, all applications for land use or building permits shall be accompanied by two (2) copies of a legal plan. One (1) copy of such plan shall be returned to the applicant if approved by the Administrative Officer. Such legal plan shall be drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected, location and design of offstreet parking and loading spaces, signs and such other information as may be necessary to determine and provide for the enforcement of this article. The information required on the legal plan may be combined with the information required for any site plan required by this article. A record of such applications and legal plans shall be kept in the office of the Administrative Officer. B-12 Communication Towers and Antennae Applications for approval of a communications tower or antennae as required by shall include the following supplemental information: (1) A report from a qualified and licensed professional engineer which: A. Describes the tower height and design including a cross section and elevation; B. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; C. Describes the tower's capacity, including the number and type of antennas that it can accommodate; D. Includes an engineer's stamp and registration number; and E. Includes other information necessary to evaluate the request. (2) A report documenting the results of a trial balloon study with attached photographic simulations depicting the tower and surrounding area from all significant vantage points. (3) A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. (4) Before the issuance of a building permit or certificate of occupancy, the following supplemental information shall be submitted: A. Proof that the proposed tower complies with regulations administered by Federal Aviation Administration shall be submitted prior to the issuance of a building permit. B. A report from a qualified and licensed professional engineer which demonstrates the tower's compliance with all applicable structural and electrical standards shall be submitted prior to the issuance of a building permit. C. Measurements that prove the proposed tower and antennas comply with radio frequency emission requirements under Federal Communications Commission Rules shall be submitted prior to the issuance of a final certificate of occupancy. D. Periodically, or upon written request of the city, all towers and antennas shall be inspected to ensure compliance with all applicable structural and electrical standards and Page 349 of 372

350 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements the radio frequency requirements of the Federal Communications Commission, above, and copies of all inspection reports shall be filed with the city. E. Proof of adequate liability insurance, as determined by the city, shall be submitted prior to the issuance of a final certificate of occupancy. B-13 Concept Plans (Planned Residential Developments) The concept plan shall include the following information at a scale of not less than one hundred (100) feet to the inch, prepared by a land planner certified by the American Institute of Certified Planners (AICP), registered architect, surveyor, or professional engineer shall be submitted and shall show (in addition to any other items required by the Planning Board) at least the following: (a) Existing five-foot contours on the tract and within one hundred (100) feet thereof; (b) Acreage, density, and general configuration of proposed residential, commercial, and industrial uses and common land; (c) (d) Existing streets, proposed street system, and large parking areas; Abutting generalized land uses within two hundred (200) feet of the project property boundaries; (e) Proposed location of parks, passive recreational area, active recreational facilities, schools, and other community uses; (f) (g) Existing and proposed landscaping details; and Existing utility easements. A. The concept plan shall be accompanied by an up-to-date aerial photograph of the development area and a land suitability map which shall include the following: B. Existing soil conditions; C. Existing slopes; D. Delineation and total acreage of slopes twenty (20) percent and greater; E. Existing vegetation; F. Existing drainage areas; G. Wetlands and floodplains; H. Total acreage of wetlands; I. Total acreage of floodplains; J. Power line easements; and K. Total acreage of power line easements. (h) The concept plan shall be accompanied by a review and analysis document which shall address the following: Page 350 of 372

351 Article X Division 2, Submittal Requirements Land Use Code City Of Nashua, New Hampshire A. Adequacy of municipal facilities within the area to accommodate the proposed development; B. General economic impact information as it relates to city services and facilities; C. The impact of the development on public sewer, water and drainage on existing facilities; D. The impact of development on the existing street systems; and E. The consistency of the development plan with good planning principles. B-14 Conditional Use Permit Conditional use permit application shall include the information required below. The application shall be drawn and reproduced on two (2) sheets in a twenty-two inch by thirty-four inch (22x34) format, along with two sheets in an eleven inch by seventeen inch (11x17) format. An 11x17 plan of existing and proposed conditions shall be provided at final submittal. (a) Title and signature block with: name, address and lot number of the project; name address, phone number of contact; name, address, phone number of applicant/ owner; signature of the applicant/owner; signature and seal of New Hampshire engineer, surveyor, architect and wetland scientist; signature block for Planning Board that states: APPROVED NASHUA PLANNING BOARD, followed by signature lines for the Chairman and Secretary and date; signature block for the applicant owner that states: The undersigned does hereby agree to perform all of the improvements as shown on this plan and as conditioned or stipulated by the Nashua Planning Board. All required site improvements must be completed or guaranteed prior to the issuance of a certificate of occupancy; and a statement that reads: It shall be unlawful to modify, change, or alter any structure shown on this plan in any way whatsoever, or convert or alter any structure shown on this site plan, or change the above use indicated on the plan without receiving approval from the City ; (b) Date, scale, northpoint, legend explaining all symbols used, total area of site, bearings and distances of all property lines. The scale shall not be smaller than 1 =50 unless waived; (c) A list of all the abutting property owners along with their addresses, zip codes and lot numbers as shown on the plans submitted; (d) A traffic impact analysis along with a written statement from the city traffic engineer confirming review of traffic concerns; (e) A plan delineating the proposed use and the uses on abutting lots or parcels; (f) Location of all permanent monuments, property lines, bearing and length of every boundary line, street line and lot line, existing easements; (g) Abutting property owners, names, addresses, zip codes, city assessor plan and lot numbers as well as the registry of deeds book and page numbers of their recorded deeds, as well as the zones and actual uses of these lots; (h) Areas required to be landscaped as per Article V, Division 7; (i) Individual parking and loading spaces and note the total number required and provided; (j) Any and all Zoning Board of Adjustment approvals or Conservation Commission recommendations with date granted and conditions; Page 351 of 372

352 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements (k) If required by the Administrative Official, a site grading plan showing existing grades with contours at two (2) foot vertical intervals, and proposed grades with contours at vertical intervals of not more than two (2) feet, and at intervals of one (1) foot in paved areas and areas which are predominantly flat; (l) If required by the Administrative Official, a stormwater management report, signed by a stateregistered engineer, detailing the stormwater practices used in the site plan and their compliance with the requirements set forth in Article V, Division 11. B-15 Construction Plans Three (3) copies of the Construction Plans sealed by a professional engineer shall be submitted to the Administrative Officer for review. The Construction Plans shall be at any scale from one (1) inch equals ten (10) feet (1" = 10') through one (1) inch equals one hundred (100) feet (1" - 100'), with the exception that 1" = 25" is permitted so long as the scale is an increment of ten (10) feet and is sufficiently clear in reflecting details of the proposed construction. Construction Plans shall be prepared on 24" x 36" sheets. Each copy shall be mylar or other media approved by the City Engineer. The title page shall be used as the cover sheet for the Construction Plans. The Plans shall include, but are not limited to the following information, shown on separate sheets: (a) (b) Street, sidewalk, bikeway and traffic control construction plans, profiles and detail sheets. Sanitary sewer system construction plans, profiles and detail sheets. (c) Stormwater management plan showing plan and profile of proposed storm sewer drainage facilities, detail sheets, hydrological and hydraulic calculations and other information as required by the City Engineer. (d) (e) Proposed grading cross sections and final contours in critical drainage areas. Water distribution system construction plans and details. (f) Locations of existing and proposed street lights, electric, telecommunications and other utility improvements. (g) A general schedule of timing and sequence of construction for all required improvements. (h) Street Construction Detail Sheets: All construction details pertaining to street improvements (e.g. pavement details, pavement width, curbing, sidewalk, unpaved areas, entrances, lighting, etc.) shall be shown on typical section, in plan and profile as required by the City Engineer. (i) Benchmark Information. (j) Grading Plan: A grading plan showing the proposed finished grading within the subdivision shall be provided. All grading details pertaining to side development shall be shown in plan or on cross section sheets. Specific details shall include, but shall not be limited to: A. Existing and proposed contours at two (2) foot intervals. Contour intervals for Grading Plans greater than two (2) feet will require the City Engineer s approval. B. Site grading shall be compatible with ultimate street elevations. C Where required by the City Engineer, cross sections showing existing ground and finished grades plotted at a scale of not less than one inch equals one hundred feet (1"=100') horizontal and one inch equals ten feet (1" = 10') vertical. Page 352 of 372

353 Article X Division 2, Submittal Requirements Land Use Code City Of Nashua, New Hampshire D An erosion control plan, as applicable, showing compliance with State and local requirements. (k) Detailed site plan of the proposed development s layout, including the following information: (e) (f) (g) (h) The location, size and height of all structures, including signs, fences and walls; The location, size and dimensions of all yards and proposed setbacks: The location, dimensions and layout of all areas to be used for driveways, walkways and parking areas; The location and design of all exterior site lighting within the proposed development; (i) The proposed landscaping treatments of the site, in accordance with Article V, Division 7 of this Chapter. B-16 to B-19 Reserved B-20 Filling of Water or Drainage Areas (a) The following plans shall be submitted with any application involving the filling of any pond, lake, swamp or other body of water, waterway or drainage area: (1) A location plan at a scale of one (1) inch equals one thousand (1,000) feet, showing the area to be filled in, property lines within which the filling is proposed, and tie-in to the nearest road intersection. (2) A site plan shall be submitted to a scale of one (1) inch equals fifty (50) feet of the premises and surrounding area within one hundred (100) feet showing, in addition to that required in paragraph (1) above, existing and proposed contour lines at intervals of not more than two and one-half (2 1/2) feet resulting from the proposed filling in, in relation to the topography of the premises. The plan shall be prepared by a registered professional engineer or registered land surveyor. (3) Provision shall be made for temporary and permanent drainage of the site. (b) Documentation shall be submitted that the plan of the proposed filling has been referred to the United States Army Corps of Engineers. Referrals shall be made to the appropriate offices having jurisdiction over the city. (c) Approval by the state water resources board, under RSA 149 and 387, including any conditions attached thereto, shall be submitted. B-21 Reserved B-22 Landscaping Plans Landscape plans shall include dimensions and distances and shall clearly delineate the existing and proposed parking space or other vehicular use, access, aisles and driveways and the location, type/species, Page 353 of 372

354 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements height/caliper, size/number of trees shrubs, flowers and ground cover. The Planning Board reserves the right to require landscape plans to a scale of one (1) inch equals twenty (20) feet. A detailed snow-removal plan shall be submitted with the landscape plan. B-23 Lighting Plans (a) This section applies to any application for subdivision plan, or site plan approval. (b) A Lighting Plan shall be submitted with any application described in subsection (a), above. The Lighting Plan shall include: (1) The location of all existing and proposed wall and light poles; and (2) the location and type of any outdoor lighting luminaires, including the height of the luminaire; and (3) the luminaire manufacturer's specification data, including lumen output and photometric data showing cutoff angles; and (4) the type of lamp (e.g., metal halide, compact fluorescent or high pressure sodium); and (5) a photometric plan showing the intensity of illumination at ground level, expressed in foot candles; and (6) calculations demonstrating compliance with Article III, Division 8 of this Chapter. This may be demonstrated by manufacturer's data, cross section drawings, or other means. B-24 to B-30 Reserved B-31 Rezoning Applications Every request for rezoning shall include the following documents and maps: (a) Legal description of the area for which rezoning is requested. (b) A map illustrating the proposed new zoning boundaries, together with the existing zoning boundaries relevant to the case, which shall include property lines. If the lot, parcel or tract is located in Nashua and another jurisdiction, include a description of the zoning classification, existing uses, and permitted uses of all abutting property in both jurisdictions. (c) A map illustrating the existing uses of land within the proposed new zoning area, together with the existing uses of land (residential, commercial, industrial, agricultural, undeveloped) adjacent to the proposed new zoning area and extending sufficiently distant from it to include at least the land in the immediate vicinity deemed to be affected by the change. The map shall portray principal topographic features such as watercourses, hills and unusual conditions, shall portray principal manmade features such as highways and power lines, shall indicate property lines and identify major public or private establishments, and the various land uses shall be represented in a color code with yellow for residential use, blue for commercial use, purple for industrial use, brown for agricultural use, green for parks and institutional use, and no coloring for vacant undeveloped land. This map may be combined with the map required by subsection (2) above, if feasible. Page 354 of 372

355 Article X Division 2, Submittal Requirements Land Use Code City Of Nashua, New Hampshire (d) On the same map as subsection (3) foregoing, or on a separate map, if required for clarity, shall be depicted the proposed pattern of general development, including the new uses, and the proposed general pattern for the subdivision of land, if any. (e) The name of the person, firm or corporation requesting the zoning change shall be submitted, together with address and telephone number. The name, address and telephone number of the attorney, engineer, or other professional person representing the person, firm or corporation shall be included on the application if any such persons are employed in the preparation of the application. (f) The person, firm, or corporation requesting the zoning change shall submit a statement setting forth the reasons for seeking the zoning change. (g) All maps required by this subsection shall include a north arrow, scale, legend, the name of the person, firm or corporation requesting the zoning change and a signature representing the sponsor, and the date of the submission to the Board of Aldermen. (h) Maps of sparsely settled land or acreage may be prepared at a scale of no more than two hundred (200) feet to one (1) inch. Maps of intensively developed areas may be prepared at a scale of no more than one hundred (100) feet to one (1) inch. B-32 Rezoning and Site Plan Application, Combined Reference: (a) The applicant shall pay the rezoning, site plan, and subdivision fees as provided in B-2, plus an additional five hundred dollars ($500.00) to cover administrative costs associated with this procedure. The Planning Board may also require the payment of such fees to reimburse the city for the cost of any special studies or engineering analysis of plans and/or documents provided by the applicants as may be reasonably required. (b) The applicant is required to submit the following information: (1) All the requirements as specified in B-31. Amendment; petitions for rezoning. If there is a conflict between B-31and the following, the more stringent requirement will prevail; (2) A detailed traffic analysis acceptable to the Administrative Officer and the city's traffic engineer; (3) A listing of all proposed uses; (4) A written statement on substantial compliance with the city's master (comprehensive) plan; (5) Written statement(s) providing evidence that there are adequate city or public services such as, but not limited to, sanitary sewer, water, storm drainage, and other utilities; (6) A written analysis on the impact on the public school system; (7) A written statement, maps, photographs, and other evidence demonstrating compatibility of the proposed rezoning and proposed uses with adjacent and surrounding zoning districts and existing uses; (8) A fiscal impact study showing the effects of the rezoning on the city; and Page 355 of 372

356 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements (9) Any other study, analysis, report or document or maps as requested by the Administrative Officer. (b) Site plan submission and review standards. The applicant shall submit the following: (1) Evidence showing compliance with all the requirements as specified in , as well as those set forth generally in RSA 674:43, 674:44. Negative impacts are grounds for Planning Board disapproval of the site plan. (2) A written statement to accompany the site plan must contain the following information: A. An explanation of the character of the site plan and the manner in which it has been planned to ensure a quality and attractive development; B. A statement of proposed financing; C. A statement of the present ownership of all land included within the site plan; and D. The development schedule, including the following information: i. The approximate date on which construction of the project will begin; ii. iii. iv. The stages in which the project will be built, if applicable; The approximate date when the construction of each stage will begin; The interim uses and treatment of areas awaiting development at a later stage; v. The approximate dates when the development of each of the stages in the development will be completed; and vi. The area and location of common open space that will be provided at each stage of development. (3) Elevations of all four (4) sides of all proposed structures and improvements, except single-family detached dwellings and their accessory buildings on lots over six thousand (6,000) square feet in area. Typical elevations may be submitted in lieu of one (1) for each site for single-family and duplex dwellings. The plans shall include type and style of wall finish, type of shingles, stairs, and architectural appendages, and other design features of the structure. Plans for all structures with two (2) or more floors, except single-family and duplex units, shall show the floor elevations in relation to adjacent grade. (4) Agreements, provisions, or covenants which govern the use, maintenance and continued protection of the site plan and any of its common areas. (5) A detailed landscape plan. (6) A drainage plan to include the location and size of any drainage structure, the direction of flow, the areas drained by such structures and any other information which is necessary to determine the drainage requirements for the site plan. (7) A detailed off-street parking (for all types of vehicles, including bicycles) and loading plan. Page 356 of 372

357 Article X Division 2, Submittal Requirements Land Use Code City Of Nashua, New Hampshire (8) A circulation plan showing the proposed movements of vehicles, goods, cyclists and pedestrians within the site plan, and off-site to and from existing private or public streets. This plan shall indicate any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of the circulation pattern proposed. (9) Any other study, analysis, report or document or maps as requested by the Administrative Officer. (C) Subdivision application requirements. If a subdivision is required to be submitted with the rezoning and site plan, the applicant shall conform to all applicable provisions of Article IV, Division 4, Subdivision Procedures, of the Nashua Revised Ordinances, as well as the requirements of RSA 674:35, 674:36 et seq. B-33 Sign Plans (a) Generally An applicant for a sign permit is required to submit to the Administrative Officer the following: (1) A completed sign permit application form. (2) A review fee as set forth in B-2. (3) A photo of existing signage, if any, including dimensions drawn onto photos. (4) A sketch of proposed sign that includes sign area, height, setback and location, as may apply. (5) Information such as materials, color, illumination, animation, function, etc. (b) Signage Plans within Historic ( H ) Overlay Districts The following information is required in addition to the standard sign application form: (1) Scale drawing of the building or site where the proposed sign will be located. Drawing should include dimensions and design detail of building, precise location of the sign in relation to the building, and location of existing signage. (2) Enlarged photographs of the building or site indicating the proposed location of sign. (3) Samples of color, lettering, materials, illumination, animation and function of proposed sign. (4) Total concept signage for entire multi-tenant building, when applicable. (5) Size (dimensions of the sign). (6) Color(s) to be used. (7) Placement of the sign on the property. (8) Materials to be used. (9) Drawing(s) of the proposed sign. (10) Lettering (what will be on the sign -- type of lettering). Page 357 of 372

358 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements B-34 Site Plans Site Plans shall include the information required below. The engineering department may develop standards for the electronic submission of the site plan, and may require the submission of those portions of the site plan in such electronic format as shall be deemed necessary to incorporate the public information in the plan into the city's geographic information system. The design review shall be drawn and reproduced on two (2) sheets in a twenty-two inch by thirty-four inch (22x34) format, along with two sheets in an eleven inch by seventeen inch (11x17) format. An 11x17 plan of existing and proposed conditions shall be provided at final submittal. (a) Title and signature block with: name, address and lot number of the project; name address, phone number of contact; name, address, phone number of applicant/ owner; signature of the applicant/owner; signature and seal of New Hampshire engineer, surveyor, architect and wetland scientist; signature block for Planning Board that states: APPROVED NASHUA PLANNING BOARD, followed by signature lines for the Chairman and Secretary and date; signature block for the applicant owner that states: The undersigned does hereby agree to perform all of the improvements as shown on this plan and as conditioned or stipulated by the Nashua Planning Board. All required site improvements must be completed or guaranteed prior to the issuance of a certificate of occupancy; and a statement that reads: It shall be unlawful to modify, change, or alter any structure shown on this plan in any way whatsoever, or convert or alter any structure shown on this site plan, or change the above use indicated on the plan without receiving approval from the City. (b) Date, scale, northpoint, legend explaining all symbols used, total area of site, bearings and distances of all property lines. The scale shall not be smaller than 1 =50 unless waived by the Planning Board; (c) If new survey, date of survey and name of surveyor. If old survey, reference plan(s) used, HCRD#, and book and page of deeds; (d) The zoning districts and boundaries; (e) The location of all permanent monuments, property lines, street line and lot line, existing easements (e.g. sewer, water, drainage, conservation); (f) Dimension and square footage of all buildings and structures; (g) Minimum lot and yard requirements, existing and proposed; should include lot area, width depth, setbacks, building height, open space, building coverage and number of stories; (h) Abutting property owners, names, addresses, zip codes, city assessor plan and lot numbers as well as the registry of deeds book and page numbers of their recorded deeds, as well as the zones and actual uses of these lots; (i) Delineate proposed and existing sewer systems, water systems, storm drainage systems and the sewer cleanouts to the site, as well as any septic systems to be used; (j) The location and size of existing and proposed water mains, sewer lines, drain lines, gas lines, electric lines, utility poles, streetlights, and manholes in the street(s) adjacent to the site; (k) Whether served by municipal sewer and Pennichuck Water Works, including a written statement from Pennichuck Water Works Co. confirming water service availability and approval if the site is within the Water Supply Protection District of the storm water system design of Pennichuck Water; (l) Provide a plan and profile of the water, sewer and drain lines to constructed in the street, including a sewer design approved by the City Engineer or a septic system design approved by the Board of Health for the proposed development; Page 358 of 372

359 Article X Division 2, Submittal Requirements Land Use Code City Of Nashua, New Hampshire (m) (n) (o) (p) The location of any existing or proposed wells to be used; A lighting plan as required by B-23; All existing utility poles on the site and show whether they have to be relocated; A landscaping plan as required by B-22; (q) Individual parking and loading spaces and note the total number required and provided, including the state required parking, by break down of uses on the site; (r) A notation if there is a basement, more than one floor level and floor elevations. All existing buildings and structures shall be shown in dashed lines, or half tones or other method to differentiate from proposed, while proposed buildings and structures shall be shown in dark or bold solid lines. Note on plan any building(s) or structure(s) to be demolished, and pavement and tress removed. (s) Building and structures and driveways on abutting parcels and parcels located across a nondivided street; (t) (u) Mixed uses and square footage of each use; Location of mechanical equipment pads, HVAC ground units, and dumpster(s) with enclosure; (v) The 100-year flood plain boundary and any existing and proposed improvements with the boundary; (w) Wetland boundaries by classification: other, critical and prime; (x) A planned residential, business or industrial development must be noted on plan with date of aldermanic or Planning Board approval stipulations; (y) Any and all Zoning Board of Adjustment approvals with date of granting and conditions; (z) The date and approval of any and all agency approvals with copies of the approved plans including the state water supply and pollution control commission and state wetlands board; (aa) The intended hours of operation including but not limited to hours during which the site is occupied by employees, hours during which the site is open for business, hours during which deliveries are made to the site, hours during which shipments are made from the site, and the hours during which refuse removal or other services involving truck traffic on the site are performed for any businesses located within the site; (bb) A site grading plan showing existing grades with contours at two (2) foot vertical intervals, and proposed grades with contours at vertical intervals of not more than two (2) feet, and at intervals of one (1) foot in paved areas and areas which are predominantly flat; (cc) A stormwater management report, signed by a state-registered engineer, detailing the stormwater practices used in the site plan and their compliance with the requirements set forth in Article V, Division 11. (For projects meeting (b), a statement of intent to apply for an alteration of terrain permit from the NH Department of Environmental Services shall be submitted in lieu of a stormwater management report.) The stormwater management report shall include: a brief narrative description of the project, including documentation of any modifications to the approach since the subdivision plan approval, site specific geotechnical investigation including soil maps, final soil boring test results, site specific recommendations, and any additional information necessary for the proposed design, hydrologic computations including drainage area maps depicting pre-development and post-development runoff, flow Page 359 of 372

360 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements paths, and land use, hydraulic computations, structural design computations, sizing criteria volume computations in accordance with the Design Manual. (dd) Consolidation plan if required; (ee) A plan sheet of existing conditions on site and adjacent parcels as appropriate including: topography contour intervals not more than 2 feet; structures and buildings; physical features including: vegetation, trees, rock outcroppings, swales, ditches, wetlands, ponds, streams, drainage, material sites, and other; sidewalks, trails, cart paths, and driveways; streets, pipe and power lines; utilities including electric, sewer, gas, water lines, septic systems, wells, utility sites, utility poles, and streetlights; all easements; and abutting property owners including owner name, address, book and page number from registry of deeds, lot and map number, and use of the lot (i.e. commercial, single-family residential, etc.); (ff) (gg) (hh) (ii) (jj) (kk) (ll) A plan and profile of the lines to constructed in the street; Easement for right-of-way, sidewalks and utilities; Non-site specific permit (NHWSPCC) application; A driveway plan approved by the Engineering Department for single-family homes; Indication of ownership of the land on the proposed site which indicates owner or other agent; A storm water operation/maintenance plan and easement for recording; A certificate from the fire department that fire requirements have been met; (mm) All easements, deeds, covenants and Deed for right-of-way dedication are to be submitted and executed; (nn) A list of all the abutting property owners along with their addresses, zip codes and lot numbers as shown on the plans submitted; (oo) A traffic impact analysis along with a written statement from the city traffic engineer confirming review of traffic concerns; (pp) Approval letter from the state water supply and pollution control commission for RSA 149:8(a) concerning temporary erosion control measures and water pollution; (qq) A written statement from a state-registered engineer, surveyor or architect that states that the submitted application complies with the above minimum requirements; (rr) An affidavit by the applicant that it is presently in compliance with all State of New Hampshire and United States of America laws and regulations regarding land use and environmental issues related to the property which is the subject of the site plan, or that the site plan approval sought will bring the applicant into compliance with all such laws and regulations. Further, the applicant shall acknowledge in the affidavit that the city may withhold or withdraw approval or a permit should the applicant fail to maintain compliance with the above-mentioned state and federal laws and regulations. B-35 Site Plan Suitability Report in D and MU Districts An applicant requesting a modification of the dimensional standards in the Downtown Districts ( D-1 or D-3 ) or site plan approval in the Mixed Use Overlay District ( MU ) shall submit a site plan suitability report. A site plan suitability report shall include appropriate studies, drawings, plans and illustrations, which shall address the following relevant factors: Page 360 of 372

361 Article X Division 2, Submittal Requirements Land Use Code City Of Nashua, New Hampshire (a) Analysis of the ability of the proposed use and existing uses to coexist and the potential impacts that proposed and existing adjoining and surrounding uses and buildings may have upon one another. (b) Analysis of any impacts on significant natural, architectural, visual or aesthetic qualities of the surrounding environment. (c) Analysis of the health and safety impacts on customers, residents, employees and the general downtown and inner city population. (d) (e) (f) Analysis of economic or property value impacts. Analysis of traffic and parking impacts. Analysis of the adequacy of existing municipal facilities and services. (g) The consistency of the site plan with the mixed use district objectives and guidelines established by the D district ( 16-31), the master plan and sound planning and development principles. Prior to the preparation and submission of a site plan and site plan suitability report, the applicant shall hold preliminary review sessions with the Administrative Officer and/or Planning Board to solicit their comments and recommendations. B-36 Subdivision Plans, Design Review (a) Generally The applicant shall submit two (2) copies of any layout for which design review is desired. The design review shall be drawn and reproduced on two (2) sheets in an twenty-two inch by thirty-four inch (22x34) format, along two sheets in an eleven inch by seventeen inch (11x17) format. (b) Initiation Initiation of the design review shall be submitted to the board at least fifteen (15) days prior to the meeting at which such layout is to be considered. Such layout shall meet the requirements set forth in subsections (c) and (d), below. (c) Scale The scale of the design review shall be no smaller than one hundred (50) feet to one (1) inch. A master site plan may be smaller without waiver. (d) Required information, accompanying data. The following information must be shown on the design review: (1) Title and signature blocks including: name, address, map and lot number of project; name, address, phone number of contract; name, address, phone number of applicant/owner; name, address, phone number of designer; signature of applicant owner; Signature and seal of New Hampshire engineer, surveyor, architect, and wetland scientist, statement certifying accuracy of survey and date; and Signature block for Planning Board that states: APPROVED NASHUA PLANNING BOARD ; Signature line for Chairman and Secretary and date; (2) Date, scale, northpoint and legend explaining all symbols used; (3) Abutting subdivision names and names and addresses of owners of record of abutting properties, the book and page number from registry of deeds, and the lot and map number and use of lot (e.g. commercial, single-family, etc.); Page 361 of 372

362 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements (4) Bearing and distances of all property lines with existing and proposed monuments; (5) If new survey, date of survey and name surveyor; (6) Map and lot number; (7) If old survey, reference plan(s) used, HCRD#, and book and page of deeds; (8) Acreage of parcel to be subdivided and of each new lot created; (9) Acreage of land transferred if a lot line relocation; (10) A plan sheet of existing conditions on site and adjacent parcels as appropriate including: topography contour intervals not more than five (5) feet (city datum plane); structures and buildings including stonewalls; physical features on site and within one thousand (1,000) feet of subdivision boundaries including: vegetation, trees, rock outcroppings, swales, ditches, wetlands, ponds, streams, drainage, material sites, and other; sidewalks, trails, cart paths, and driveways; roads, streets, pipe and power lines; utilities including electric, sewer, gas, water lines, septic systems, wells, utility sites, utility poles, and streetlights; lot lines with bearings and distances of each line segment and monuments; and all easements; (11) Note if there is a basement, more than one floor level and floor elevations; (12) All existing building and structures shall be shown in dashed lines, half tones or other method to differentiate from proposed, while proposed buildings shall be shown in dark or bold solid lines; (13) Note on plan any building(s) or structure(s) to be demolished, pavement added or removed, including trees and landscaping; (14) Show buildings and structures and driveways on abutting parcels located across a nondivided street; (15) Note mixed uses (i.e. office, warehouse and manufacturing) and square footage of each; (16) Location of mechanical equipment pads, HVAC ground units and dumpster(s) with enclosure; (17) Grading plan with two (2) feet contour intervals maximum; (18) Show the 100-year flood plain boundary and any existing and proposed improvements within the boundary; (19) Show the mapped wetland boundaries by classification: other, critical and prime; (20) Location of all existing streets, watercourses, and other features within and immediately adjacent to the proposed subdivision, and the location of any natural character features within the subdivision, and the approximate location of natural character features occurring within one thousand (1,000) feet of the boundaries of the subdivision that are visible from the proposed subdivision. Maps produced by the city's geographic information system shall be deemed sufficient to meet the provisions of this paragraph; (21) Cul-de-sac notes: lots that front on a cul-de-sac shall be responsible for the maintenance and shall be recorded in deeds. Page 362 of 372

363 Article X Division 2, Submittal Requirements Land Use Code City Of Nashua, New Hampshire (22) If the site is within the Water Supply Protection District show the one-hundred and fifty (150) feet or three hundred (300) feet buffer as applicable (approval of Pennichuck); (23) The location and size of any existing or proposed water line(s) to the site; (24) The location of any existing or proposed wells to be used; (25) A plan and profile drawing of the water line(s) to be constructed in the street; (26) The location, slope and size of proposed sewer line(s), including cleanouts, to the sites; (27) The location of any existing/proposed septic systems to be used; (28) A plan and profile drawing of the sewer line(s) to be constructed in the street; (29) Any existing and proposed sewer line easements. That the applicant has submitted a sewer design approved by the City Engineer or a septic system design approved by the Board of Health; (30) The location and size of existing drain lines, including manholes, in the street(s) adjacent; (31) The location, slope and size of proposed drain line(s), including manholes, to the site; (32) The location of the proposed drainage systems on the site, including manholes and catch basins; (33) A plan and profile drawing of the drain line(s) to be constructed in the street; (34) Drainage calculations as submitted to the Engineering Department for review; (35) The location of any proposed gas lines on the site; (36) The location of electric conduits and line(s) to the site; (37) The location of any proposed electric conduits and lines on the site; (38) The location of all existing utility poles and streetlights in the street(s) adjacent and whether any have to be relocated. Provide a detail drawing of the light fixtures to be used if other than the standard mast arm; (39) Deed for right-of-way or other land dedication; (40) Non-Site Specific permit (NHWSPCC) required, applied for or received; (41) Abutters list; (42) Location of all proposed streets and open spaces and other features; (43) Existing right-of-way widths; (44) Existing zoning districts and boundaries, and the proposed use of all land; (45) Minimum lot and yard requirements, existing and proposed; should include lot area, frontage, width, depth, setbacks, building height, open space, building coverage, and number of stories; Page 363 of 372

364 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements (46) Parking, existing and proposed, broken down by state required use(s) for parking; (47) All parcels of land proposed to be dedicated to public use; (48) Contours at vertical intervals of not more than five (5) feet. Contours shall be marked with elevations based on the city datum plane and shall indicate both the existing and the proposed grading of the subdivision. Bench marks may be obtained from the city engineer's office. Any change to grading which requires removal of substantial vegetation or the modification or removal of a natural character feature shall be delineated by specific notation on the map; (49) Division of Public Works notes; (50) Where the layout or plan submitted covers only a part of the applicant's entire holding, a sketch shall be furnished showing the potential street system for the unsubmitted part; (51) Street grades, profiles and typical cross-sections; (52) A location map at a suitable scale (as defined in subsection (b)) showing the relationship of the proposed subdivision to the surrounding area, with a radius of at least one thousand (1,000) feet, or sufficient to show nearby existing streets, highways, community facilities, and the approximate location of commercial and residential structures. Maps produced by the city's geographic information system shall be deemed sufficient to meet the provisions of this paragraph; (53) A typical landscape plan for a lot in the subdivision, for residential subdivisions; (54) A stormwater management report, signed by a state-registered engineer, detailing the stormwater practices used in the site plan and their compliance with the requirements set forth in Article V, Division 11. (For projects meeting (b), a statement of intent to apply for an alteration of terrain permit from the NH Department of Environmental Services shall be submitted in lieu of a stormwater management report.) The stormwater management report shall include: a brief narrative description of the project, a geotechnical investigation including soil maps and preliminary soil boring test results, hydrologic computations including drainage area maps depicting pre-development and post-development runoff, flow paths, and land use, hydraulic computations, sizing criteria volume computations in accordance with the Design Manual, detail of storm water improvements including plan view and cross-section of detention basins and swales, storm water operation/maintenance plan and easement. (55) Consolidation plan if required; (56) All zoning variances and special exceptions that apply to the site (wetlands, flood hazard, use, dimensional), date of approval and stipulations; (57) Purpose of plan; (58) Traffic report; (59) Dimension and square footage of all buildings and structures; (60) New lot numbers and street addresses assigned (approval of addresses and street name by NFD), as well as old lot numbers and lot lines shown to differentiate from proposed; (61) Setback for all lot lines by zoning district and dimensions from existing buildings to closest lot lines; Page 364 of 372

365 Article X Division 2, Submittal Requirements Land Use Code City Of Nashua, New Hampshire (62) Legal status of any existing right-of-way (paper street) proposed to be used, but not built in or accepted within twenty (20) years of lay out; (63) Copies of any legal instruments or formal documents by which land is to be dedicated to public use. (64) If blasting will occur as part of any construction activities, that the applicant has submitted a pre-blasting and post-blasting survey. B-37 Subdivision Plans (a) Drafting standards. The scale of the conditional plan shall not be smaller than fifty (50) feet to one (1) inch. The conditional plan shall be drawn and reproduced on sheets no larger than twenty-two (22) inches by thirty-four (34) inches. When more than one (1) sheet is required, an index sheet of the same size shall be prepared showing the entire subdivision at a lesser scale. (b) Required information, accompanying data. The following information must be shown on the conditional plan: (1) Title and signature block including: name, address, map and lot number of project; name, address, phone number of contract; name, address, phone number of applicant/owner; signature of applicant owner; name, address, phone number of designer; signature and seal of New Hampshire engineer, surveyor, architect, and wetland scientist, statement certifying accuracy of survey and date; and signature block for the Planning Board that states: APPROVED NASHUA PLANNING BOARD ; signature line for Chairman and Secretary and date; (2) Date, scale, northpoint and legend explaining all symbols used; (3) Bearing and distances of all property lines with existing and proposed monuments; (4) If new survey, date of survey and name surveyor; (5) Map and lot number; (6) If old survey, reference plan(s) used, HCRD#, and book and page of deeds; (7) Acreage of parcel to be subdivided and of each new lot created; (8) Acreage of land transferred if a lot line relocation; (9) A plan sheet of existing conditions on site and adjacent parcels as appropriate including: topography contour intervals not more than 5 feet (city datum plane); structures and buildings including stonewalls; physical features on site and within 1,000 feet of subdivision boundaries including: vegetation, trees, rock outcroppings, swales, ditches, wetlands, ponds, streams, drainage, material sites, and other; sidewalks, trails, cart paths, and driveways; streets, pipe and power lines; utilities including electric, sewer, gas, water lines, septic systems, wells, utility sites, utility poles, and streetlights; lot lines with bearings and distances of each line segment and monuments; and all easements; (10) Note if there is a basement, more than one floor level and floor elevations; Page 365 of 372

366 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements (11) All existing building and structures shall be shown in dashed lines, half tones or other method to differentiate from proposed, while proposed buildings shall be shown in dark or bold solid lines; (12) Note on plan any building(s) or structure(s) to be demolished, pavement added or removed, including trees and landscaping; (13) Note mixed uses (i.e. office, warehouse and manufacturing) and square footage of each; (14) Location of mechanical equipment pads, HVAC ground units and dumpster(s) with enclosure; (15) Grading plan with two (2) feet contour intervals maximum; (16) Typical landscape plan for residential structures; (17) The 100-year flood plain boundary and any existing and proposed improvements within the boundary; (18) The mapped wetland boundaries by classification: other, critical and prime; (19) The street lines, areas to be dedicated to public use, and areas the title to which is reserved by an applicant; (20) Sufficient data acceptable to the city engineer to determine readily the location, bearing and length of every boundary line, street line and lot line to reproduce such lines on the ground. All dimensions shall be shown to tenths of a foot, and all bearings to at least one (1) minute. All boundaries of the subdivision shall be made by survey in the field, which shall be balanced and closed, made by a registered professional engineer or qualified surveyor, and certified to be correct; (21) Abutting property owners, names, addresses, city assessor plan and lot numbers as well as the registry of deeds book and page numbers of their recorded deeds; (22) Buildings and structures and driveways on abutting parcels located across a non-divided street; (23) Evidence satisfactory to the board indicating the ownership of the land in the proposed subdivision to be the applicant of his principal or other agent; (24) Cul-de-sac notes: abut lots that front on a cul-de-sac shall be responsible for the maintenance and shall be recorded in deeds; (27) Drainage report or statement of compliance; (28) Operation/maintenance plan and easement for recording; (29) If the site is within the Water Supply Protection District show the one hundred and fifty (150) feet or three hundred (300) feet buffer as applicable (approval of Pennichuck); (30) The location and size of any existing or proposed water line(s) to the site; (31) The location of any existing or proposed wells to be used; (32) A plan and profile drawing of the water line(s) to be constructed in the street; Page 366 of 372

367 Article X Division 2, Submittal Requirements Land Use Code City Of Nashua, New Hampshire (33) The location, slope and size of proposed sewer line(s), including cleanouts, to the sites; (34) The location of any existing/proposed septic systems to be used; (35) A plan and profile drawing of the sewer line(s) to be constructed in the street; (36) Any existing and proposed sewer line easements (see ); (37) The location and size of existing drain lines, including manholes, in the street(s) adjacent; (38) The location, slope and size of proposed drain line(s), including manholes, to the site; (39) The location of the proposed drainage systems on the site; including manholes and catch basins; (40) A plan and profile drawing of the drain line(s) to be constructed in the street; (41) Drainage calculations as submitted to the Engineering Department for review; (42) The location of any proposed gas lines on the site; (43) The location of electric line(s) to the site; (44) The location of any proposed electric lines on the site; (45) The location of all existing utility poles and streetlights in the street(s) adjacent and whether any have to be relocated; (46) The existing right-of-way widths; (47) Locate any existing and proposed utility poles and streetlights on the site; provide a detail drawing of the light fixtures to be used if other than the standard mast arm; (48) Deed for right-of-way or other land dedication; (49) Non-Site Specific permit (NHWSPCC) required, applied for or received; (50) A certificate from the health officer, where required, that the requirements of (b) have been met; (51) Typical cross-section and profiles of streets showing grades approved by the city engineer. Profiles shall be drawn to city standard scales and elevations and shall be based on the city datum plane; (52) Statement signed by owner dedicating streets, rights-of-way, and other sites to public use; (53) Minimum lot and yard requirements, existing and proposed; should include lot area, frontage, width, depth, setbacks, building height, open space, building coverage, and number of stories; (54) Parking, existing and proposed, broken down by state required use(s) for parking; (55) Statement which complies with the provisions of (a)(2)A of this Article, pertaining to street and utility improvements; Page 367 of 372

368 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements (56) A list of all the abutting property owners along with their addresses and lot numbers as shown on the plans submitted, along with the names and addresses of the owners of the plot; (57) Division of Public Works notes; (58) Consolidation plan if required; (59) All zoning variances and special exceptions that apply to the site (wetlands, flood hazard, use, dimensional), date of approval and stipulations; (60) Traffic report; (61) Dimension and square footage of all buildings and structures; (62) New lot numbers and street addresses assigned (approval of addresses and street name by NFD), as well as old lot numbers and lot lines shown to differentiate from proposed; (63) Setback for all lot lines by zoning district and dimensions from existing buildings to closest lot lines; (64) Legal status of any existing right-of-way (paper street) proposed to be used, but not built in or accepted within 20 years of lay out. (c) Electronic submission The engineering department may develop standards for the electronic submission of the subdivision plan, and may require the submission of those portions of the subdivision plan in such electronic format as shall be deemed necessary to incorporate the public information in the plan into the city's geographic information system. (d) Number of Copies Two (2) copies of the conditional plan in eleven inch by seventeen inch (11 x 17 ) format shall be submitted with the conditional plan for use by the Administrative Officer. B-38 to B-39 Reserved. B-40 Traffic Impact Analysis (TIA) See Guidelines for the Preparation of Traffic Impact Reports and Traffic Management Plans, City of Nashua, Board of Public Works (May 2000), which document is hereby incorporated by reference. B-41 to B-49 Reserved. B-50 Wetlands Application Process A Wetlands application required by Article III, Division 10 shall include the following information. (a) A completed Nashua Conservation Commission Wetlands Application Review Form shall be submitted to the Administrative Officer. Page 368 of 372

369 Article X Division 2, Submittal Requirements Land Use Code City Of Nashua, New Hampshire (b) Sufficiently detailed information and locus plan at a scale of no smaller than 1"=100'-0" to clearly show the extent of the wetland area and it's associated buffers located on or immediately adjacent to the subject property. Detailed plans of each of the wetlands impact areas shall be provided at a scale no smaller than 1 = (c) The use(s) proposed to be located on the subject property. (d) Primary wetlands delineated as shown on the Nashua Prime Wetlands maps and critical wetlands as shown on Nashua Critical Wetlands Map. (e) Any and all sources of wetland delineation information used to determine the wetlands boundary on the subject property. (f) Documentation regarding the present status of any other permits required under local, state or federal laws. (g) For projects or land use changes requiring Planning Board and/or Zoning Board of Adjustment approval, and which are located within or adjacent to primary or critical wetlands, a detailed wetland delineation and protection plan shall be prepared and submitted for review. (h) A statement assessing the potential impact of the proposed land use limited to effects on surface and groundwater quality, wildlife habitat, water storage capacity and rare or endangered species, and other wetlands-specific issues. (i) For Other Wetlands as defined in , Table 271-1, the wetlands boundary and the method used for its location shall be provided. In determining the wetlands boundary, the applicant shall consult with the Administrative Officer who shall provide technical assistance to the applicant. In the event that a wetland is known or suspected to exist within one hundred (100) feet of any proposed use, a field inspection shall be conducted by the city, with technical assistance which may be provided by a certified wetland scientist, to verify its existence and location. The Administrative Officer shall then consult with the applicant regarding the applicable regulations, based upon their findings. (j) Any other information required by the NH DES. [Reference: N.H. Code Admin. R. Department of Environmental Services Chapter Wt 500] (k) Before any application can be placed on the Conservation Commission s agenda for action, the fees required by Article X, Division 2, B-2 shall be paid to the City of Nashua. (l) Upon submission of a completed Wetlands Application and appropriate fees, the applicant will present the proposed project to the Conservation Commission and answer questions from the members. (m) The applicant may be asked to provide any additional technical information related to wetlands function and impact at a cost borne by the applicant. (n) At a public hearing, the Conservation Commission will make final recommendations on the proposed project. Page 369 of 372

370 Land Use Code City of Nashua, New Hampshire Article X Division 2, Submittal Requirements INDEX A Access management, 283 Accessory Apartment, 87, 88, 310, 319 Accessory Dwelling Unit, 87 Accessory Use, 50, 261 Adequate public facilities, 235 Administrative Officer, 17, 20, 21, 66, 70, 72, 93, 94, 111, 119, 120, 133, 135, 136, 137, 138, 139, 140, 141, 144, 145, 150, 151, 152, 153, 154, 157, 159, 164, 165, 185, 186, 188, 189, 196, 197, 198, 200, 201, 202, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 217, 219, 221, 222, 224, 225, 227, 228, 230, 231, 236, 243, 279, 288, 294, 337, 352, 355, 356, 357, 361, 368 Affordable housing, 114, 115, 116, 117 Americans with Disability Act, 231 Appeal, 59, 197, 200 Attached Dwellings, 13, 88 B base district, 13 base district, 14 Base districts, 13 Bed and Breakfast, 89 Bond, 222, 232 Buffer, 184, 185 Building Design, 44, 45, 48, 78, 81, 110, 126, 143, 237 Building Permit, 200, 202, 227, 231 C Camper, 314, 331, 335, 342 Cell Tower, 13, 93, 94, 315, 349 Certificate of Use and Occupancy, 202 Church, 132 Civic spaces, 273 Completeness Review, 164, 196, 205, 206, 208, 209, 210, 213, 218, 228, 236 Concurrent Zoning Amendment and Site Plan, 208 Conditional use permit, 46, 93, 112, 119, 161, 205, 206, 216, 257, 312 conditional uses, 13, 206 Condominium, 115, 155, 157, 274, 275, 276, 318 Conservation Commission, 14, 185, 186, 187, 230, 301, 307 Conservation Subdivision, 97, 98, 99, 100 Construction Plan, 218 Convenience Store, 317, 324 Curb cuts. See Access management D Day Care, 32, 90, 270 Dimensional Matrix, 13, 15, 36, 37, 42, 99 Duplex, 22, 37, 156, 157, 261, 319 E Elderly Housing, 22, 102, 103, 104 Enforcement, 123, 230 Erosion Control, 243 Excavation, 149, 298, 343 F Final Plat, 200, 217 Floodplain management, 100, 146, 147, 148, 149, 150, 151, 152, 153, 154, 160, 161, 184, 233, 359 Gas Station, 106 Grading, 243, 352 Greyfield, 95 G H Halfway House, 110 Home Occupation, 13, 111 I Inclusionary Zoning, 113, 118, 208 Industrial Development Authority, 305 Junkyard, 328 L Land Use Permit, 121, 201, 202 Land-Based Classification Standards (LBCS), 14, 21, 22, 26, 76, 77, 79, 80, 134, 143, 265 Loading, 45, 50, 255, 258, 261, 328 Lot layout, 37, 41, 66, 99, 194 M Manufactured Housing, 120, 157, 331 J Page 370 of 372

371 Index Land Use Code City Of Nashua, New Hampshire Master Plan, 11, 12, 13, 16, 88, 113, 116, 132, 154, 204, 208, 235, 237, 241, 277, 278, 308 Mixed Use Building, 331 Mobile home, 330, 331, See manufactured housing, See manufactured housing Multi-Family Dwellings, 88, 89, 157, 238 N Neighborhood Commercial, 124 Nonconforming use, 14, 53, 192 North American Industry Classification System (NAICS), 14, 21, 22, 26, 76, 77, 79, 80, 134, 143, 265 Notice, 199 O Official Map, 200, 231 Open space, 69, 89, 333 Outdoor Display Area, 126 P Parks, 19, 28, 31, 73, 75, 98, 100, 120, 122, 123, 134, 212, 237, 242, 266, 269, 273, 274, 275, 276, 305, 318, 350, 354 Pedestrian, 43, 48, 286, 287 Performance Guarantee, 220, 227 Planned Residential Development, 17 Planning Board, 11, 14, 16, 70, 71, 72, 73, 74, 75, 89, 92, 93, 94, 98, 99, 112, 115, 121, 129, 153, 157, 159, 160, 161, 169, 186, 187, 197, 204, 205, 206, 208, 212, 213, 214, 215, 216, 218, 219, 221, 225, 226, 227, 228, 230, 231, 232, 233, 235, 236, 237, 238, 241, 242, 253, 255, 256, 257, 280, 282, 286, 289, 290, 293, 294, 298, 299, 300, 301, 302, 303, 304, 305, 309, 324, 346, 350, 354, 355, 358, 359, 361 Preliminary Plat, 200, 216, 218, 273 private street, 162, 235, 286 Private street, 285 R Recreation, 31, 33, 71, 73, 78, 81, 89, 98, 113, 121, 134, 268, 269, 270, 273, 287, 305, 314, 318, 333 Redevelopment Commercial Retrofit, 95, 96 Regional Planning Commission, 113, 114, 303 Rehab, 116, 118 Revocation, 140, 200, 201, 223 Revocation of Permit, 201 Rezoning, 43, 44, 45, 116, 204, 208, 209, 216, 312, 321, 354, 355, 357 Room Renting, 22, 89, 261 rural, 18, 237, 279 S Screening, 45, 338 Sensitive Site Features, 241 Service station. See Gas Station Sexually-oriented business, 127 Shopping Center, 27, 143, 265 Sidewalks, 286 Site Plan Procedure, 224 Sketch Plan, 200, 298 Soil, 243, 292, 344 special district, 14 Special Exception, 200, 206, 207 Split-Zone, 18 Standard Specification, 233 Steep slope, 241 Steep slopes, 53, 54, 74, 280, 298, 317, 325, 339 Stone wall, 241 Stormwater, 67, 100, 289, 290, 291, 292, 293, 325, 340, 342, 352 Streets, 75, 80, 99, 100, 122, 277, 278 Intersections, 173, 174, 176, 177 Temporary Use, 144 U Use Matrix, 13, 14, 20, 21, 22, 47, 83, 89, 92, 127, 205, 315 Use Regulations, 14 Utilities, 33, 34, 50, 55, 75, 122, 145, 270, 271, 295, 300, 337, 343, 360 V Variance, 343 View protection, 98, 100, 136, 214, 241, 340 Violation, 230 W Waivers, 89, 93, 110, 120, 215, 225, 226, 228, 255, 289, 300 Water Supply Protection District, 65, 66, 214, 215, 226, 290, 358 Wetland, 42, 97, 184, 185, 186, 187, 188, 189, 291, 358, 359 T Z Zoning Board of Adjustment, 14, 39, 47, 56, 59, 153, 154, 165, 186, 192, 193, 194, 197, 201, 206, 207, 209, 210, 211, 232, 299, 306, 309, 339, 345, 346, 351, 359 Zoning Districts A Airport Approach, 17 Page 371 of 372

372 Land Use Code City of Nashua, New Hampshire CI Commercial Industrial, 18, 43, 96, 131, 170, 171, 173, 174, 176, 177, 178 CO-A Corridor Overlay District "A", 50, 96, 180 D Downtown, 16, 19, 22, 42, 44, 46, 51, 54, 58, 70, 72, 73, 83, 84, 89, 90, 107, 115, 118, 128, 131, 134, 141, 160, 161, 163, 173, 176, 177, 178, 180, 181, 198, 200, 219, 237, 241, 275, 290, 349, 350, 351, 353, 356, 360, 361 FU Flexible Use, 17, 67, 70, 180, 208 GB, 16, 19, 22, 42, 43, 90, 95, 96, 131, 170, 171, 172, 173, 174, 176, 177, 178, 180 GI General Industrial, 16, 19, 22, 42, 44, 45, 95, 96, 131, 170, 171, 172, 173, 174, 176, 177, 178, 180, 181, 208 H Historic, 17 H Historic Districts, 57, 58, 59, 148, 166, 308 HB Highway Business, 16, 19, 22, 42, 43, 95, 96, 131, 134, 170, 171, 172, 173, 174, 176, 177, 178, 180 HE Higher Education, 17, 76, 77 Article X Division 2, Submittal Requirements LB, 16, 19, 22, 42, 43, 71, 90, 96, 131, 170, 171, 173, 174, 176, 177, 178, 180 MD Medical District, 17, 79, 80, 81 Mixed Use, 17 PI Park Industrial, 16, 19, 22, 42, 44, 95, 96, 131, 173, 180, 208 PRD Planned Residential Development, 17, 71 R-18, 16, 18, 19, 22, 39, 42, 43, 92, 132 R-30, 16, 18, 22, 39, 42, 43, 90, 92, 125, 132 R-40, 16, 18, 22, 39, 42, 43, 92, 125, 132 R-9, 16, 18, 19, 22, 39, 42, 43, 92 R-A, 16, 19, 22, 39, 42, 43, 92, 104, 125, 132, 174 R-B, 16, 19, 22, 39, 42, 43, 92, 104, 125, 132, 168, 174 R-C, 16, 19, 22, 39, 42, 43, 83, 125, 132, 168, 174 TOD Transit Oriented Development, 17, 82, 83, 84, 87, 118 WSP Water Supply Protection, 17 Zoning Map, 17, 204 Page 372 of 372