LAND USE CODE CITY OF NASHUA, NEW HAMPSHIRE Chapter 16 - Nashua Revised Ordinances Adopted November 09, 2005 Effective Date January 02, 2006
Land Use Code City of Nashua, New Hampshire Table of Contents TABLE OF CONTENTS ARTICLE I. GENERALLY... 11 16-1 Title... 11 16-2 Applicability... 11 16-3 Consistency with Master Plan... 11 16-4 Coordination with Other Regulations... 11 16-5 Rules of Construction... 11 16-6 Permits and Certificates... 11 16-7 Condominiums... 11 16-8 Special Use Permit for Development of Lots with Access from Paper Streets... 11 16-9 Summary... 12 ARTICLE II. [RESERVED]... 15 ARTICLE III. ZONING DISTRICTS AND SUPPLEMENTAL USE REGULATIONS... 16 DIVISION 1. GENERALLY... 16 16-10 Interpretation... 16 16-11 Establishment of Districts... 16 16-12 Zoning Map... 17 16-13 Boundaries of Districts... 17 16-14 to 16-24 Reserved... 18 DIVISION 2. BASE DISTRICTS... 18 16-25 Purpose Statements... 18 16-26 Permitted Uses... 20 16-27 Dimensional Regulations... 36 16-28 Residential Districts (R-40, R-30, R-18, R-9, R-A, R-B, R-C)... 43 16-29 Commercial Districts (LB, GB, HB)... 43 16-30 Industrial Districts (PI, AI, GI)... 44 16-31 Downtown Districts ( D-1 and D-3 )... 46 DIVISION 3. OVERLAY DISTRICTS... 53 16-32 Airport Overlay Zone... 53 16-33 to 16-34 Reserved... 57 16-35 Historic Districts... 57 16-36 Mixed Use Overlay District ( MU )... 60 16-37 Water Supply Protection District... 65 16-38 Flexible Use District... 67 16-39 Planned Residential Development ( PRD )... 71 16-40 to 16-42 Reserved... 75 DIVISION 4. SPECIAL DISTRICTS... 76 16-43 Higher Education District (HE)... 76 16-44 Medical District (MD)... 79 16-45 Reserved... 81 16-46 Transit-Oriented Development ( TOD )... 82 16-47 to 16-59 Reserved... 87 DIVISION 5. SUPPLEMENTAL USE REGULATIONS... 87 16-60 Accessory Uses and Structures... 87 16-61 Accessory Dwelling Units and Accessory Apartments... 87 16-62 to 16-63 Reserved... 88 16-64 Attached Dwellings...88 16-65 Bed and Breakfast...89 16-66 Campers... 90 16-67 Child Day Care Facilities... 90 16-68 Churches, Synagogues, and Places of Religious Worship; and Community Centers... 92 16-69 Communications Towers and Antennae... 92 Page 2 of 372
Land Use Code City Of Nashua, New Hampshire Table of Contents 16-70 Commercial Retrofit or Greyfield Redevelopment... 95 16-71 Reserved... 96 16-72 Conservation Subdivisions... 97 16-73 Drive-Through or Drive-In Uses... 101 16-74 to 16-80 Reserved... 102 16-81 Elderly Housing...102 16-82 Extractive Industries... 106 16-83 Fences... 106 16-84 Gas Stations/Convenience Stores... 106 16-85 to 16-90 Reserved... 109 16-91 Halfway Houses and Community Living Facilities... 110 16-92 Home Occupations... 111 16-93 Inclusionary Zoning... 113 16-94 Junkyard, Automotive Recycling Yards, and Motor Vehicle Recycling Yards... 119 16-95 to 16-109 Reserved... 120 16-110 Manufactured Housing... 120 16-111 to 16-113 Reserved... 123 16-114 Neighborhood Center... 124 16-115 to 16-118 Reserved... 126 16-119 Permanent Outdoor Display Areas... 126 16-120 Outdoor Storage... 127 16-121 to 16-123 Reserved... 127 16-124 Residential Uses...127 16-125 Sexually-oriented businesses... 127 16-126 Shopping Centers... 142 16-127 to 16-140 Reserved... 144 16-141 Temporary Uses... 144 16-142 Utility Structures... 145 16-143 to 16-199 Reserved... 145 DIVISION 6. FLOODPLAIN MANAGEMENT... 146 16-200 Title... 146 16-201 Applicability... 146 16-202 District Delineation... 146 16-203 Definition of Terms... 146 16-204 Construction Requirements... 150 16-205 Water and Sewer Systems... 150 16-206 Certification... 150 16-207 Other Permits... 150 16-208 Watercourses... 151 16-209 Special Flood Hazard Areas... 151 16-210 Special Requirements for Subdivisions and Site Plans... 153 16-211 Variances and Appeals... 153 16-212 to 16-214 Reserved... 154 DIVISION 7. IMPACT FEES... 154 16-215 Authority... 154 16-216 Intent and Purpose... 154 16-217 Findings... 154 16-218 Applicability and Rules of Construction... 155 16-219 Definitions... 155 16-220 Assessment of Impact Fees... 157 16-221 Computation of the Amount of Impact Fees... 157 16-222 Payment of Impact Fee... 157 16-223 Administration of Funds Collected... 158 16-224 Custody and Maintenance of Fund Accounts... 158 16-225 Use of Funds... 158 16-226 Refund of Fees Paid... 158 Page 3 of 372
Land Use Code City of Nashua, New Hampshire Table of Contents 16-227 Credits Against Payment of Impact Fees... 159 16-228 Additional Requirements... 159 16-229 Waiver of Impact Fee... 159 16-230 Planning Board Authority... 159 16-231 Appeals... 159 16-232 to 16-234 Reserved... 159 DIVISION 8. LIGHTING... 160 16-235 Applicability... 160 16-236 Control of Glare Luminaire Design Factors... 161 16-237 Nonconforming Lighting... 161 16-238 to 16-239 Reserved... 162 DIVISION 9. SIGNS... 162 16-240 Short title... 162 16-241 Interpretation... 162 16-242 Prohibited Signs...162 16-243 Sign Permits... 163 16-244 Sign Requirements by District... 166 16-245 Sign Structure Standards... 166 16-246 Awning Signs / Canopy Signs/Marquee Signs... 168 16-247 Banner sign... 169 16-248 Reserved... 170 16-249 Directional Signs...170 16-250 Ground Sign (also known as Detached, Freestanding, Pole or Pylon Sign)... 171 16-251 Identification Sign...173 16-252 Reserved... 174 16-253 Off-Premise Signs... 174 16-254 Projecting sign (also known as Suspended Signs )... 176 16-255 Reserved... 177 16-256 Roof sign... 178 16-257 Temporary sign...178 16-258 Time and temperature sign... 179 16-259 Wall Sign (also known as Fascia Sign or Façade Sign )... 179 16-260 Reserved... 181 16-261 Sign Master Plans (Optional)... 181 16-262 Nonconforming Signs... 183 16-263 to 16-269 Reserved... 183 DIVISION 10. WETLANDS... 184 16-270 Generally... 184 16-271 Wetlands Buffer...184 16-272 Administration... 185 16-273 Wetlands Application... 186 16-274 Wetlands Standards... 188 16-275 Wetland Buffer Monumentation... 189 16-276 Trees unlawfully cut or damaged within a wetland buffer... 190 16-277 to 16-299 Reserved... 191 DIVISION 11. NONCONFORMITIES... 192 16-300 Applicability... 192 16-301 Reserved... 192 16-302 Nonconforming uses... 192 16-303 Nonconforming Structures... 193 16-304 Nonconforming Lots... 194 16-305 Abandonment...194 16-306 Parking... 195 16-307 to 309 Reserved... 195 16-310 Appeals... 195 16-311 to 16-399 Reserved... 195 Page 4 of 372
Land Use Code City Of Nashua, New Hampshire Table of Contents ARTICLE IV. PROCEDURES... 196 DIVISION 1. 196 16-400 to 16-401 Reserved... 196 16-402 Completeness Review and Acceptance of Applications... 196 16-403 Notice Provisions... 199 16-404 to 16-405 Reserved... 201 16-406 Revocation of Permit or Approval... 201 16-407 to 16-419 Reserved... 201 DIVISION 2. ADMINISTRATIVE PROCEDURES... 201 16-420 Land Use Permit... 201 16-421 Building Permit...202 16-422 Certificate of Use and Occupancy... 202 16-423 Minor Site Plan Amendments... 203 16-424 to 16-430 Reserved... 204 DIVISION 3. ZONING PROCEDURES... 204 16-431 Zoning Amendments... 204 16-432 Conditional Use Permits... 205 16-433 Special Exceptions... 206 16-434 Reserved... 207 16-435 Concurrent Zoning Amendment and Site Plan Approval... 208 16-436 Appeals from Administrative Decision... 209 16-437 Variances from Zoning... 210 16-438 to 16-439 Reserved... 211 DIVISION 4. SUBDIVISION PROCEDURES... 212 16-440 General Requirements... 212 16-441 Preliminary Conceptual Consultation... 216 16-442 Preapplication Design review... 216 16-443 Conditional Approval... 217 16-444 Construction Plans... 218 16-445 Performance Guarantees... 220 16-446 Revocation of Recorded Approval... 223 16-447 Approved Subdivision Exemption, Active and Substantial Development... 223 16-448 to 16-449 Reserved... 224 DIVISION 5. SITE PLAN PROCEDURES... 224 16-450 Site Plan Procedures, Generally... 224 16-451 Performance Guarantees... 227 16-452 Waiver of Site Plan Standards... 228 16-453 Approved Site Plan Exemption, Active and Substantial Development... 228 16-454 to 16-460 Reserved... 229 DIVISION 6. OTHER REVIEW PROCESSES... 230 16-461 Wetlands application... 230 16-462 Certificate of Approval-Historic District Commission... 230 16-463 to 16-469 Reserved... 230 DIVISION 7. APPEALS, VARIANCES & WAIVERS... 230 16-470 Appeals from Zoning Ordinances... 230 16-471 Variances from Zoning Ordinances... 230 16-472 Planning Board Waivers... 230 16-473 to 16-479 Reserved... 230 DIVISION 8. ENFORCEMENT PROCEDURES... 230 16-480 Generally... 230 16-481 Zoning Violations... 230 16-482 Subdivision and Site Plan Violations... 230 16-483 to 16-499 Reserved... 231 Page 5 of 372
Land Use Code City of Nashua, New Hampshire Table of Contents ARTICLE V. DEVELOPMENT STANDARDS FOR SITE AND SUBDIVISION PLANS... 231 DIVISION 1. GENERAL... 231 16-500 Applicability... 231 16-501 Reserved... 231 16-502 Official Map... 231 16-503 Bonds... 232 16-504 Standard Specifications... 233 16-505 to 16-519 Reserved... 233 DIVISION 2. SITE DESIGN... 233 16-520 Applicability... 233 16-521 Lot Layout and Configuration... 233 16-522 Blocks... 233 16-523 Frontage... 234 16-524 Utility or Conservation Lots... 235 16-525 to 16-529 Reserved... 235 DIVISION 3. ADEQUATE PUBLIC FACILITIES... 235 16-530 Applicability... 236 16-531 Procedures for the Processing of Applications... 236 16-532 Methodology & Criteria for Determining Availability & Adequacy of Public Facilities.. 237 16-533 to 16-539 Reserved... 237 DIVISION 4. BUILDING DESIGN... 237 16-540 Applicability... 238 16-541 Multi-Family Dwelling Units... 238 16-542 Non-Residential Buildings... 239 16-543 to 16-549 Reserved... 241 DIVISION 5. CONSERVATION REGULATIONS... 241 16-550 Applicability... 241 16-551 Sensitive Site Features... 241 16-552 Conservation Area and Common Open Space Monumentation... 242 16-553 to 16-559 Reserved... 242 DIVISION 6. GRADING AND REMOVAL OF SOIL... 243 16-560 Applicability... 243 16-561 Excavation Standards... 243 16-562 Grading Standards... 243 16-563 Erosion Control...243 16-564 to 16-569 Reserved... 243 DIVISION 7. LANDSCAPING... 244 16-570 Applicability... 244 16-571 Screening and Buffers... 244 16-572 Screening of Service or Storage Areas... 248 16-573 Additional Screening Requirements For Industrial And Business Uses... 248 16-574 Surface Parking Lots... 248 16-575 Landscaped Yard Area Requirements... 250 16-576 Subdivision Areas... 251 16-577 Protection During Construction... 252 16-578 Maintenance Requirements... 252 16-579 Landscape Design... 253 DIVISION 8. PARKING... 255 16-580 Applicability... 255 16-581 Off-street Parking and Loading Required... 255 16-582 Location... 256 16-583 Parking Space Dimensions... 256 16-584 Multiple parking and loading area standards... 256 16-585 Municipal lot substitutions... 257 16-586 Increase or change of use... 257 Page 6 of 372
Land Use Code City Of Nashua, New Hampshire Table of Contents 16-587 Nonconforming Parking... 257 16-588 Number of Off-street Parking Spaces... 257 16-589 Off-street Loading Spaces... 258 16-590 Handicapped Parking Requirements... 258 16-591 Parking Structures... 259 16-592 Shared Parking...259 16-593 to 16-599 Reserved... 272 DIVISION 9. PARKS, RECREATION, AND CIVIC SPACES... 273 16-600 Applicability... 273 16-601 Required Open Space, Parks or Civic Space... 273 16-602 Maintenance and Preservation... 274 16-603 to 16-609 Reserved... 276 DIVISION 10. STREET DESIGN AND TRANSPORTATION... 277 16-610 Applicability... 277 16-611 Required Improvements and Circulation System Design Principles... 277 16-612 Geometric Design... 280 16-613 Access Points and Curb Cuts... 283 16-614 Reserved... 285 16-615 Intersections and Layout... 285 16-616 Private Streets... 285 16-617 Sidewalks and Pedestrian Rights-of-Way... 286 16-618 Street names, signs and house numbers... 288 16-619 Reserved... 288 DIVISION 11. STORMWATER MANAGEMENT... 289 16-620 Applicability... 289 16-621 Stormwater Management Standards... 289 16-622 Easements... 293 16-623 Operation and Maintenance Plans... 293 16-624 Plan Review and Approval... 295 16-625 to 16-629 Reserved... 295 DIVISION 12. RESERVED... 295 DIVISION 13. UTILITY STANDARDS FOR SUBDIVISIONS AND SITE PLANS... 295 16-630 Applicability... 295 16-631 Approval Required... 295 16-632 Standards... 295 16-633 Review of Subdivision Plans... 296 16-634 Individual Sewage Disposal Systems... 296 16-635 Shared Septic Systems... 297 16-636 Refuse Disposal...297 16-637 Easements... 297 16-638 to 16-689 Reserved... 297 ARTICLE VI. EXCAVATION REGULATIONS... 298 16-690 Applicability... 298 16-691 Operational Standards... 298 16-692 Sketch Plan... 298 16-693 Reclamation Plan... 299 16-694 to 16-800 Reserved... 299 ARTICLE VII [RESERVED]... 299 ARTICLE VIII. UTILITY STRUCTURES... 300 16-801 Applicability... 300 16-802 Planning Board Waivers... 300 16-803 Standards for Utility Structures... 300 16-804 Dimensional Standards... 300 Page 7 of 372
Land Use Code City of Nashua, New Hampshire Table of Contents 16-805 to 16-899 Reserved... 300 ARTICLE IX. ADMINISTRATIVE AGENCIES... 301 DIVISION 1. STAFF... 301 16-900 Administrative Officer... 301 16-901 to 16-919 Reserved... 301 DIVISION 2. PLANNING BOARD... 301 16-920 Established; composition; terms; compensation... 301 16-922 Removal of members... 301 16-923 Vacancies... 302 16-924 Staff; finances... 302 16-925 Organization; meetings; rules... 302 16-926 Duties... 302 16-927 to 16-930 Reserved... 303 DIVISION 3. REGIONAL PLANNING COMMISSION... 303 16-931 Established... 303 16-932 Composition... 304 16-933 Qualifications; terms... 304 16-934 Removal of representatives... 304 16-935 Vacancies... 304 16-936 Organization; meetings; bylaws... 304 16-937 Finances... 304 16-938 General powers and duties... 305 16-939 to 16-940 Reserved... 305 DIVISION 4. INDUSTRIAL DEVELOPMENT AUTHORITY... 305 16-941 Created; board of directors... 305 16-942 Membership... 305 16-943 Organization... 305 16-944 Voting... 306 16-945 Minutes, voting records; annual report... 306 16-946 to 16-950 Reserved... 306 DIVISION 5. ZONING BOARD OF ADJUSTMENT... 306 16-951 Zoning Board of Adjustment; membership... 306 16-952 Meetings... 306 16-953 Powers and duties... 306 16-954 to 16-959 Reserved... 307 DIVISION 6. CONSERVATION COMMISSION... 307 16-960 Conservation Commission... 307 16-961 to 16-970 Reserved... 307 DIVISION 7. HISTORIC DISTRICT COMMISSION... 307 16-971 Historic district commission established... 307 16-972 Membership of commission... 307 16-973 Organization, meetings and rules of commission... 308 16-974 Powers and duties of commission... 308 16-975 to 16-999 Reserved... 309 ARTICLE X. DEFINITIONS AND SUBMITTAL REQUIREMENTS... 309 DIVISION 1. DEFINITIONS... 309 16-1000 Rules of Interpretation, Generally... 309 16-1001 to 16-1009 Reserved... 310 16-1010 Definitions... 310 16-1011 to 16-1019 Reserved... 344 16-1020 List of Abbreviations... 344 16-1021 to 16-1099 Reserved... 345 DIVISION 2. SUBMITTAL REQUIREMENTS... 346 16-1100 Submittal Requirements... 346 Page 8 of 372
Land Use Code City Of Nashua, New Hampshire Table of Contents B-1 Generally... 346 B-2 Fees... 346 B-3 to B-10 Reserved... 349 B-11 Building Permits and Land Use Permits... 349 B-12 Communication Towers and Antennae... 349 B-13 Concept Plans (Planned Residential Developments)... 350 B-14 Conditional Use Permit... 351 B-15 Construction Plans... 352 B-16 to B-19 Reserved... 353 B-20 Filling of Water or Drainage Areas... 353 B-21 Reserved... 353 B-22 Landscaping Plans... 353 B-23 Lighting Plans... 354 B-24 to B-30 Reserved... 354 B-31 Rezoning Applications... 354 B-32 Rezoning and Site Plan Application, Combined... 355 B-33 Sign Plans... 357 B-34 Site Plans... 358 B-35 Site Plan Suitability Report in D and MU Districts... 360 B-36 Subdivision Plans, Design Review... 361 B-37 Subdivision Plans... 365 B-38 to B-39 Reserved.... 368 B-40 Traffic Impact Analysis (TIA)... 368 B-41 to B-49 Reserved.... 368 B-50 Wetlands Application Process... 368 INDEX... 370 LIST OF TABLES Table 22-1 Zoning Districts... 16 Table 25-1 Zoning District Purpose Statements... 18 Table 26-1 Use Matrix... 22 Table 27-1 Occupancy Restrictions... 37 Table 27-2 Minor Encroachments... 39 Table 27-3 Dimensional Matrix...42 Table 32-1 Table of Land Use Compatibility Standards... 55 Table 45-1 PRD Bonus Density... 73 Table 46-1 Dimensional Standards, "TOD" District... 84 Table 65-1 Bed & Breakfast Guest Rooms... 90 Table 70-1 Commercial Retrofit Mixed Use Height Limits... 96 Table 72-1 Conservation Subdivision Bonus Density... 98 Table 72-2 Conservation Subdivision Open Space... 100 Table 73-1 Drive-Through Stacking Distances... 101 Table 81-1 Elderly Housing Classifications... 103 Table 81-2 Elderly Housing Density... 105 Table 84-1 Accessory Uses... 107 Table 93-1 Density Bonus for Inclusionary Zoning... 118 Table 115-2 Dimensional Requirements... 125 Table 11-1 Impact Fee Table...157 Table 15-4 Banner Signs... 170 Table 15-6 Directional Signs... 171 Table 15-7 Ground Signs... 173 Table 15-8 Identification Signs... 174 Table 15-10 Outdoor Advertising Signs... 176 Table 15-11 Projecting Signs... 177 Page 9 of 372
Land Use Code City of Nashua, New Hampshire Table of Contents Table 271-1 Wetland Classifications and Buffers... 185 Table 571-1 Required Buffer Yards... 245 Table 571-2 Minimum Plant Materials Required for each Buffer Yard Type... 246 Table 579-1 Examples of Permitted Trees... 254 Table 583-1 Aisle or Driveway Width... 256 Table 589-1 Number of Required Off-Street Loading Regulations... 258 Table 590-3 Required Handicapped Parking Spaces... 259 Table 592-1 Shared Parking Parking Ratio Reduction Factors... 260 Table 588-1 Parking Matrix... 261 Table 571-1 Street Classification... 279 Table 612-1 Minimum Intersection Sight Distance: Stop Sign and Signal Controlled Intersections. 281 Table 612-2 Minimum Intersection Sight Distance: Yield and Uncontrolled Intersections... 281 Table 612-3 Minimum Stopping Sight Distance (Approval by City Engineer or Designee Required) 281 Table 613-1 Size of Curb Cuts... 283 Table 613-2 Inside Turning Radii... 283 Page 10 of 372
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. 16-2 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. 16-3 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, 2001. 16-4 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). 16-5 Rules of Construction Rules for interpreting this Code, including definitions, are established in Article X, Division 1 to this Code. 16-6 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. 16-7 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. 16-8 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
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. 16-9 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: http://www.gonashua.com/planning. (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 16-27 takes the reader directly to 16-27 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
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 1 16-1 (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 16-11 lists the zoning districts. A summary schedule showing the permitted uses and special uses in all districts is presented in 16-26. 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 16-27. 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
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
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
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 16-10 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. 16-11 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
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 16-12 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-04-19." (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. 16-13 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
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, 16-12 (b) and Article IV, 16-431, Zoning Amendments. 16-14 to 16-24 Reserved Division 2. Base Districts 16-25 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
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
Land Use Code City of Nashua, New Hampshire Article III, Zoning Division 2, Base Districts 16-26 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 26-1. B. Conditional uses are designated by a C in Table 26-1 and require a permit from the Planning Board as set forth in 16-432 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 16-433 of the Land Use Code. D. Accessory uses are defined by Article X, Division 1, Definitions, and are designated by an A in Table 26-1. (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
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: http://www.planning.org/lbcs/index.html]. 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: http://www.census.gov/epcd/www/naics.html] 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
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 16-60 1130 A A A A A A A A A A A A A A A 2. Fences, walls or other enclosures subject to 16-83 Residential Uses A A A A A A A A A A A A A A A 3. Accessory Dwelling Units or Accessory 1100 1130 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 - - - - - - - - 5. Condominium (see 16-7) 6. Duplex (two-family dwelling) 1100 1121 - - - - S P P - - - - - - - - 7. Dwelling, Manufactured home, on an 1100 1150 - - P P - - - - - - - - - - - individually owned lot 8. Dwelling, Manufactured home park 1100 1150 - - C C - - - - - - - - - - - 9. Dwelling, Modular home 1100 1150 P P P P P P P - - - - - - - - 10. 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)) 1100 1200 7213 - - - - - C P - - - - - - - - 1100 1200 7213 - - - - P P P - - - - - - - - 1210 - - - - P P P - - P P - - - - 1210 1100 1230 1240 62331 623311 623110 623312 P P P P P P - - - - - - - - - 14. Elderly Housing, nursing care facilities 623110 P P P C C P P - - - - - - - - 15. Multifamily Dwelling, 3 or more units (including but not limited to garden apartments, 1100 1200 - - - - - C P - - P P - - - - quadruplexes, triplexes, rowhouses, or townhouse) 16. Overnight camping trailers - - - - - - P - - - - - - - - 17. Single room occupancy units 1100 1340 - - - - - C P - - P P - - - - 18. Single-family detached dwelling 1100 1110 P P P P P P P - - - - - - - - Accommodations and Group Living 19. Bed and breakfast inn 1310 721191 - - - - C C C - - - - - - - - 20. Boarding house/room Renting 1320 721310 - - - - - - C - - P P P - - 21. Business Residence/Residential Hotel 1330 - - - - - - - - - P P P C C C 22. Halfway Houses (as defined in 16-91) 6520 6561 623220 623990 C C C C C C C - - - - - - - - Page 22 of 372