Mixed-Use Development
Ordinances
for the
Southern NH Planning
Commission Region
Working as the
Regional Planning
Commission and
MPO for the
Southern New
Hampshire Region
Mixed-Use Development
Ordinances:
A Summary of Mixed-Use Zoning
in the
Southern NH Planning
Commission Region
January 2006
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p l a n n i n g
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438 Dubuque Street
Manchester, NH
Prepared by the
Southern New Hampshire Planning Commission
Mixed-Use Development Ordinances
Southern New Hampshire Planning Commission
438 Dubuque Street, Manchester, New Hampshire 03102-3546
OFFICERS
Michael N. Jolin, Chairman
Raymond P. Clement, Vice-Chairman
Jean G. Methot, Treasurer
Harold “Bo” Strong, Secretary
BOARD OF COMMISSIONERS
Charles M. Worster, Town of Auburn
Arthur W. Rose, Town of Goffstown
James Fusco, Town of Auburn
Robert L. Wheeler, Town of Goffstown
Donald Marzloff - Alt., Town of Auburn
Henry C. Boyle, Town of Goffstown
David J. Danielson, Town of Bedford Barbara J. Griffin - Alt., Town of Goffstown
Edward P. Moran, Jr., Town of Bedford
Richard G. Marshall, Town of Hooksett
Harold Newberry, Town of Bedford
Sharon M. Carson, Town of Londonderry
Lori Radke - Alt., Town of Bedford
Daniel J. DeBaie, Town of Londonderry
William Stergios, Town of Candia
Arthur E. Rugg, Town of Londonderry
Elizabeth Kruse, Town of Candia
Henry R. Thibault, City of Manchester
Albert W. Hamel, Town of Chester
Peter Capano, City of Manchester
Frederick J. McGarry, Town of Deerfield Dan O’Neil, City of Manchester
George H. Thompson, Town of Deerfield Brent Armstrong, Town of New Boston
Brian Chirichiello, Town of Derry
Harold R. Wood, Jr., Town of Raymond
David Gomez, Town of Derry
John F. Page, Sr., Town of Raymond
Robert Oxford, Town of Derry
Richard Ladd, Town of Raymond
Jack Dowd - Alt., Town of Derry
Paul Morin, Town of Weare
Beverly Ferrante - Alt., Town of Derry
Tim Galvin, Town of Weare
STAFF ROSTER
David J. Preece, AICP, Executive Director
Timothy White, AICP, Senior Transportation Planner
Jack Munn, AICP, Senior Planner
Jennifer Czysz, Planner
Andrew J. Bergang, Transportation Planner
Reddy Asi, GIS Analyst
Pamela H. Garrity, Planning Technician
Rosalind J. Knouse, Office Administrator
B Jennifer Lemieux, Planning Intern
Robert Price, Planning Intern
Brendan O’Shaughnessy, GIS Intern
Introduction
Introduction
M
ixed-use development has always been an important part of the American
landscape existing in both village areas and densely populated downtowns.
However, it was not until the New Urbanist architectural movement beginning
in the 1980s that the concept of planning for mixed-use development received
renewed interest among developers and planners, particularly as a specific form of zoning
or zoning technique.
Prior to the New Urbanism movement, most local zoning ordinances in municipalities
throughout the country and within the Southern New Hampshire Planning Commission
region focused primarily on segregating land uses – attempting to distance rather then
blend residential, commercial and industrial uses within specific areas or within a specific
building. Today, however, as the principles of smart growth, historic preservation,
urban revitalization, economic development and New Urbanism receive wider appeal
and popularity, mixed-use development and mixed-use zoning is gaining in local use and
acceptance as a legitimate public land use objective.
Presently, there are a total of ten (10) municipalities within the Southern New Hampshire
Planning Commission region that have adopted or are seeking to adopt mixed-use zoning
in various forms. The municipalities that currently employ mixed-use zoning include the
City of Manchester and the towns of Bedford, Derry, Deerfield, Goffstown and Hooksett.
The towns of Auburn, Candia, Londonderry and Raymond are presently seeking or
considering adopting mixed-use zoning. (Copies of these ordinances as available are
provided in the Appendix of this report).
The purpose of this report is to discuss mixed-use zoning – what it means and how it is
being implemented within the Southern New Hampshire planning region. This report
also provides a summary of the types of mixed-use zoning ordinances currently in use
including several ordinances that are presently being considered for adoption within the
region. This review will benefit other municipalities without mixed-use zoning by enabling
them to see how this new but traditional form of land use planning can be applied in their
community.
It is important to note, that while there are important similarities among the mixed-use
zoning ordinances found within the region, each municipality addresses mixed-use in
somewhat unique and different ways, utilizing a variety of zoning techniques permitted
under state law. The one common theme found among each ordinance, however, is that
the opportunity for a developer or landowner to pursue a variety of complementary but
different uses within a single building, within an integrated project, or within a specific
area of the community has been provided. Concurrently, the key ingredient central to
all of these ordinances is that the primary uses allowed within the mixed-use districts are
mutually supportive and the ordinances strive to obtain a legitimate public purpose.
1
Section 1 - What is Mixed-Use?
Section 1- What is Mixed-Use?
T
he New Illustrated Book of Development Definitions defines mixed-use as
the development of a tract of land, building, or structure with a variety of
complementary and integrated uses, such as, but not limited to, residential, office,
manufacturing, retail, public, or entertainment, in a compact urban form.
Mixed-use zoning on the other hand specifically refers to the zoning regulations that
permit a combination of different uses to occur within a single development or a variety
of uses to occur within one zoning district.
Typically most downtown areas and central business districts offer examples of mixeduse development, but many of these areas have developed over a long period of time
and often without a plan. An early example of a planned mixed-use development is
Rockefeller Center in New York City. Other examples are Penn Central in Philadelphia
(1953), Midtown Plaza in Rochester (1956), and the Charles Center in Baltimore (1957)
(Source: Mixed Use Development Handbook, 1987).
Mixed-use development can also occur in suburban environments. Recent examples
include South Village in Burlington, Vermont, Port St. Lucie in Florida, and Oak Grove in
Atlanta, Georgia (Source: Smart Growth, Smart Choices Series: Mixed Use Development,
National Association of Home Builders Association, 2005). Many of these mixed-use
developments are often cited as ways to reduce traffic generation, particularly where
homes and jobs are planned and developed within easy commuting distance, and shopping
is located within close proximity to residences.
There are many other examples of mixed-use development occurring throughout the
country as well, including projects associated with infill locations, workforce housing, neotraditional development, and transit-oriented development. The common thread among
these new development themes is that mixed-use development can better meet the goals of
“smart growth” and “sustainable development” than conventional forms of development.
This is because conventional development is based upon “euclidean” zoning schemes
designed to separate residential uses from non-residential uses rather than mix such uses
in a well-conceived and planned manner.
It is important to note that mixed-use development can occur in small towns and rural
settings as well – from allowing and encouraging “corner stores” in residential areas to
allowing residential uses above retail stores in village centers and downtown areas. Mixeduse development can take many forms and can include neighborhood stores in residential
areas, allowing compatible home occupations within residential areas, allowing residential
uses within areas that are primarily commercial, providing growth centers to include a mix
of commercial and residential uses, encouraging office space to locate near transit, and
allowing a mix of uses in commercial buildings.
Southern NH Planning Commission
Mixing uses, or allowing residential, retail, commercial and other public uses to occur in
one building or within a given area, if properly planned can provide a sense of place and
contribute to the vitality and viability of neighborhoods. It can also fulfill many smart
growth goals by improving the balance of jobs to housing as well as creating a healthy
environment where residents can take care of their daily needs without having to drive
elsewhere.
Mixed-Use Zoning Under New Hampshire State Law
Mixed-use zoning is a legitimate form of zoning permitted under New Hampshire law.
While not specifically defined or described in the State Statutes, it can be authorized as
an innovative land use control under RSA 674:21 (e) Planned Unit Development, (h)
Performance Standards, and (i) Flexible and Discretionary Zoning. Mixed-use zoning
can also be implemented as part of the basic police powers expressed under RSA 674:16
Grant of Power and RSA 674:17 Purposes of Zoning Ordinances.
RSA 674:16 Grant of Power provides that for the purpose of promoting the health, safety,
or general welfare of the community, the local legislative body of any city, town, or county
in which there are located unincorporated towns or unorganized places is authorized to
adopt or amend a zoning ordinance under the ordinance enactment procedures of RSA
675:2-5. The zoning ordinance shall be designed to regulate and restrict:
(a)
The height, number of stories and size of buildings and other
structures;
(b)
Lot sizes, the percentage of a lot that may be occupied, and the size
of yards, courts, and other open spaces;
(c)
The density of population in the municipality; and
(d)
The location and use of buildings, structures and land used for
business, industrial, residential, or other purposes.
RSA 674:17 Purposes of Zoning Ordinances provides that every zoning ordinance shall
be adopted in accordance with the requirements of RSA 674:18. Zoning ordinances shall
be designed:
(a)
To lessen congestion in the streets;
(b)
To secure safety from fires, panic and other damages;
(c)
To promote health and the general welfare;
(d)
To provide adequate light and air;
(e)
To prevent the overcrowding of land;
(f)
To avoid undue concentration of population;
(g)
To facilitate the adequate provision of transportation, solid waste
facilities, water, sewage, schools, parks, child day care;
(h)
To assure proper use of natural resources and other public
Section 1 - What is Mixed-Use?
requirements;
(i)
To encourage the preservation of agricultural lands and buildings;
and
(j)
To 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, buildings; establishment of maximum building
height, minimum setback requirements, and limitations on type, height, and
placement of vegetation; and encouragement of the use of solar skyspace
easements under RSA 477. Zoning ordinances may establish buffer zones or
additional districts which overlap existing districts and may further regulate the
planting and trimming of vegetation on public and private property to protect
access to renewable energy systems.
It should be noted under RSA 674:17 Purpose of Zoning, Section II that “every zoning
ordinance shall be made with reasonable consideration to, among other things, the character
of the area involved and its peculiar suitability for particular uses, as well as with a view
to conserving the value of buildings and encouraging the most appropriate use of land
throughout the municipality.” This provision is particularly important in implementing
mixed-use zoning, because mixed-use zoning must like any good zoning ordinance,
specifically address the particular uses and the compatibility of those uses within a specific
area or areas of the community.
RSA 674:21 Innovative Land Use Controls offers municipalities authority to utilize
innovative zoning techniques in developing mixed-use zones. Subsection (e) Planned Unit
Development (PUD) allows communities to integrate mixed-use projects and buildings
within an overall planned development or master plan setting. Over time, PUDs gained
popularity nationwide as a means of providing for a greater variety of development.
However, today the sheer size of these projects have limited their utility.
Subsection (h) Performance Standards permits communities to adopt specific zoning
criteria to allow for the mixing of various land uses depending upon the specific criteria
being met. This approach can allow for the mixing of uses as a matter of right anywhere
within a community or zoning district upon satisfying strict performance criteria.
Subsection (i) Flexible and Discretionary Zoning perhaps offers communities the greatest
flexibility in crafting mixed-use zoning. It allows municipalities the ability to address a
variety of development needs by utilizing less restrictive and more flexible development
standards, such as overlay zoning and conditional use permits.
In summary, it is clear that New Hampshire state law provides municipalities significant
authority and opportunity for creating and implementing mixed-use zoning. How this
zoning is employed, however, is highly dependent upon the specific needs and land use
objectives of each community.
Section 2 - Examples of Mixed-Use Zoning Ordinances
Section 2: Examples of Mixed-Use
Zoning Ordinances
T
he mixed-use zoning techniques most currently in favor among the
municipalities in the Southern New Hampshire Planning region include
Mixed-Use Overlay Zones, Mixed-Use Development Districts, Performance
Zoning, Central Business Districts and Village Districts. A brief overview
of each municipality’s mixed-use zoning ordinance follows. Copies of
each ordinance and a comparison of each ordinance is provided in the Appendix.
The Town of Hooksett
The Town of Hooksett has by far the largest and perhaps oldest number of mixed-use
districts of any community within the Southern New Hampshire Planning region. The
Towns’ mixed-use districts were developed roughly 15 years ago during the 1980s and
1990s. A brief review of each district is provided below as outlined by Charles Watson,
Hooksett’s Town Planner:
MUD1: This district includes the Cigna area, Connector Road, and vacant land area west
of Rte. 3 and Mt. St. Mary’s. The zone is primarily vacant north of the Connector Road,
but occupied on the south by Cigna’s office building. There is plenty of opportunity for
development, but no plan has been brought to the Town, although the Connector Road
has been laid out.
MUD 2: Includes the former North Campus area of New Hampshire College. In this
district, a master plan is required depicting industrial/commercial uses, residential uses,
and public uses. In addition, a community impact statement is required. Other parts of
the district are occupied by Mt. Saint Mary’s condos, the Hooksett Public Library and a
dwelling with a day-care center. The Planning Board has approved a master plan for the site
including 148 single-family dwelling units, 100 units of assisted living, 252 townhouses
and apartments and 90,000 square feet of retail. A conservation area of approximately 69
acres is also part of the plan and public space is provided. If the site is developed as shown
on the master plan, there will be no additional development opportunities available within
the district.
MUD 3: Includes the Exit 10 area located on both sides of Rte. 3A, north and south of
Interstate 93. It is primarily a retail use area, recently developed with Target, Kohl’s, Home
Depot, and BJ’s Wholesale Club which includes 500,000 square feet and $52 million
dollars of assessed valuation. Prior to 2000, the district was previously developed with
Oxford Health, Polaris Direct (Industrial), a movie complex, an oncology center, and retail
services. Proposed development in the district include a Wal-Mart Supercenter and Lowes
Southern NH Planning Commission
Home Improvement Center (together on one site, approximately 380,000 square feet of
retail). Additional land is available for future development. No residential uses are allowed
within this district.
MUD 4:
This district encompasses most of the land area of Southern New Hampshire
University (SNHU). It is bisected by Martin’s Ferry Road and by North River Road. There
are also several parcels of land located in the district not owned by SNHU. Most of the
land is largely vacant and primarily occupied by educational buildings. The Hooksett
Town Master Plan calls for the area to be further bisected by the proposed Parkway. Within
the past five years, SNHU has constructed Frost Hall, an addition to the International
Center, and four dormitories. SNHU also has plans for a student center and dining hall.
The Town is currently negotiating with SNHU for a land exchange to provide for the
Parkway and for an entrance to the University. If the zone is developed as shown on the
University’s master plan (not required by zoning), there will be no further land available
for development in this district.
MUD 5:
This district consists mainly of land owned by Manchester Sand and Gravel.
A master plan is required in the district depicting industrial, commercial, residential,
and public uses. Thirty percent of the gross district area must remain as open space.
A community impact statement is required. This is by far the largest mixed-use zone
in Hooksett encompassing approximately 2,500 acres. The land east of Rte. 3 (which
includes the majority of the acreage) is largely vacant and made up of played-out gravel
pits, marshes and ponds. The land immediately adjacent to Rte. 3 to the east is the site of
Manchester Sand and Gravel’s scale house and offices. The land west of Rte. 3 adjacent to
the Merrimack River is also largely vacant, but has recently been subdivided, and includes
the land on which Huttig recently built a 150,000 square foot manufacturing plant. In
addition, 10 acres is set aside for the Hooksett Sewer Commission composting facility,
a cement plant has been approved, and a wholesale bark mulch facility is located in the
district. Manchester Sand and Gravel has plans to develop 650 single-family dwelling
units on the northernmost part of their land, 65 of which have been approved and are
under construction. They also have preliminary plans to construct 375,000 square feet of
retail as the intersection of the proposed Parkway and Rte. 3 and their master plan calls for
all the land located between Rte. 3 and the river to be industrial. Approximately 1,000
acres in the middle of the zone is portrayed as “undeveloped” on their current master plan.
The vast majority of their land is available for development.
In addition to the above MUDs, the Community Economic Development Corporation in
Hooksett commissioned a design study in 2004 to help the town develop a vision for the
future of the Village and a plan for how to achieve that vision. The results of this study
have been incorporated into the Town’s recently adopted master plan. Hooksett Village
includes five residential neighborhoods and a bridge across the Merrimack River linking
these neighborhoods. The vision is to allow the Village to remerge as the community
Section 2 - Examples of Mixed-Use Zoning Ordinances
center of the Town both as a true New England village as well as one that meets the needs
of the 21st century. To accomplish this the study and the Town’s master plan recommends
that the Village be designated as three mixed-use districts:
• Village Residential District
• Village Mixed Use District
• Office/Business Park District
The Village Residential District District is intended to include the developed residential
areas of the Village as well as areas that are suitable for future village scale/style residential
development. The zoning standards recommended in this district are designed to promote
a livable and walkable environment where residents can walk or bike. In addition, the
district proposes that new residential development in and around the Village will have a
village scale and character and be designed to enhance the Village’s identity and sense of
place as well as providing sidewalks, trails and bike facilities to encourage people to walk
and enjoy the village environment.
The recommended uses to be allowed in the Village Residential District include single and
two-family homes, multi-family housing, accessory dwelling units, elderly housing, and
retirement and eldercare facilities. Allowed community uses include municipal buildings
and facilities, community and recreation buildings, schools, religious facilities, public
outdoor recreational facilities, public utility facilities, day care and similar uses. In addition,
it is recommended that this district allow for home occupations and home businesses.
The design standards for the Village Residential District are suggested to reflect the current
pattern and density of residential development in the Village neighborhoods both to avoid
making existing homes non-conforming and to allow new development that is of a village
character. The recommended minimum lot size for a single-family home is in the range
of 10,000 to 12,000 square feet with 80 to 100 feet of road frontage provided it is served
by town water and town sewer. Lots for two-family homes are recommended to have a
minimum of around 15,000 square feet. Multi-family housing is recommended to be
allowed at a density of 6-8 units per acre with higher densities allowed by special permit
for elderly housing and other age-restricted facilities.
It is recommended that new housing be sited so as to maintain the established relationship of
buildings to the street and to other residential buildings. Front setbacks are recommended
in the 15 to 20 foot range with side yards of 10 to 15 feet. Larger side yard setbacks are
recommended for multi-family housing, elderly facilities and community uses.
In addition to these typical zoning standards, the study recommends that the Village
Southern NH Planning Commission
Residential District include basic design guidelines to assure that new and expanded
buildings are compatible with the village character and promote a pedestrian-friendly
environment. In general, this means that parking lots should not be permitted to be
located in the area between the front of the building and the street and that new buildings
have their front facing the public street with a front door as appropriate. In addition,
it is recommended that multi-family, community buildings and other non-residential
uses provide appropriate pedestrian facilities that link the building to the sidewalk and
provide for ease of pedestrian movement between buildings on the site. Also, the design
of buildings should be broken up and roof lines should be pitched or flat roofs hidden.
The study recommended that that Village Mixed Use District be created to allow for the
reuse or redevelopment of existing buildings in the Village as well as the construction of
new buildings in designated areas to expand the range of shopping and services available in
the Village in a manner consistent with the desired character of the Village. The objective of
this district would be to allow this redevelopment to occur over time in the direction of this
vision. The proposed Village Mixed Use District would allow for a wide variety of smallscale, nonresidential and community uses such as small retail and service uses, restaurants,
fraternal organizations, business and professional offices, municipal and community
buildings and facilities, recreation buildings, schools, religious facilities, public outdoor
recreational facilities, public utility facilities, day care, and similar uses. Allowed residential
uses recommended include elderly housing, and retirement and eldercare facilities, multifamily housing that is part of a mixed-use building or project, and workforce housing
developments that meet the needs of households with a variety of incomes.
The recommended dimensional standards of this district would provide for minimum lot
sizes in the range of 10,000 to 20,000 square feet. Similarly, it is recommended that the
minimum street frontage requirements reasonably allow for narrow lots to be developed
seeking a village-scale relationship between the building and the street. Typically, the
front setback recommended would be in the 15 to 20 foot range, but also a maximum
setback or “build line” should be established to assure that new buildings maintain this
relationship. Recommended side yards should be small with provisions to allow zero lot
line development if proper fire protection is provided.
As with the Village Residential District, the study recommends that zoning provisions
for the Village Mixed Use District include basic design guidelines to assure that new and
expanded buildings are compatible with the Village character and promote a pedestrianfriendly environment. These standards would be similar to the residential standards noted
above but be focused more on the commercial aspects of the potential uses in the district.
In addition, the design standards should address corner lots within the district so that
these sites can become high-quality locations with significant buildings. Also, the study
recommends that the town’s off-street parking requirements be reduced to take into
account reasonable public parking available to serve the property and/or shared parking
arrangements.
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Section 2 - Examples of Mixed-Use Zoning Ordinances
The Office/Business Park District proposed would allow for the development of suburban
style office park uses on a portion of the CIGNA property along Route 3. This district
would be similar to the current MUD1 zone with limitations on retail uses and provisions
for pedestrian facilities. Retail uses would be limited to small businesses with less than
5,000 square feet of gross floor area. In addition, there would be similar provisions that
parking and service areas be located to the side or rear of buildings and that all uses should
provide appropriate pedestrian facilities that link the building to the sidewalk.
Town of Bedford
According to Karen White, Bedford’s Town Planner land uses permitted in the Town’s
Zoning Ordinance along U.S. Route 3 had always traditionally been separated by the
various zoning districts of the Ordinance. However, after the Town’s Master Plan was
adopted by the Planning Board in 1990, the community decided that all of the zoning
districts in the Bedford Zoning Ordinance found along the corridor could be combined
into one performance zone for U.S. Route 3. This was accomplished for the primary
purpose of jump-starting the town’s local economy.
Bedford’s U.S. Route 3 Corridor Performance Zoning District, Article 45-9 in the
Town’s Zoning Ordinance was adopted pursuant to RSA 674:21 – Innovative Land Use
Controls. The intent of this Performance Zoning District is to allow the Planning Board
an opportunity to measure the impacts created by a use on a particular site rather than
relying on pre-determining the types of uses permitted along the corridor utilizing the
table of permitted uses in the Town’s Zoning Ordinance.
Bedford’s Town Planner noted that it took nine months for the Planning Board to develop
this new performance zone and that the Board utilized “pictures” and held workshops
with local developers to develop the performance criteria and standards in the zone. She
indicated that after the first year the ordinance was implemented there were a significant
number of variances that were addressed by the Zoning Board of Adjustment. This has
been addressed now with the inclusion of incentive bonus standards and sliding setback and
building height criteria based upon the size, scale and massing of the building. According
to the Town Planner the performance district has provided “one-stop” shopping for
developers and has been a boom for economic development allowing virtually everything
– all types of land uses – as well as increased building height to a maximum of 80 feet to
be built within the corridor. She also notes that prices for raw land have almost doubled
with the adoption of performance zoning and that while the ordinance is often difficult to
administer, it has meet with good success and a lot of repeat demand.
Some of the problems related to the ordinance as reported by the Town Planner have been
the proximity and compatibility of residential and industrial uses. She noted that one of the
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Southern NH Planning Commission
primary issues has been the vibration from generators and the Planning Board has had to
be careful to ensure that this issue is addressed. In addition, the Board has had to monitor
the balance of residential and commercial development along the corridor. Lastly she has
pointed out that the Planning Board has had to remove elderly housing as an allowed use
from the ordinance and that it was important for the Board to keep monitoring the district
to ensure that one use does not dominate the corridor.
Town of Deerfield
The Town of Deerfield has adopted a unique form of performance-based mixed-use zoning
through its Commercial/Industrial Flexible Overlay District. This zoning district approach
was borrowed from the Town of Whitefield, NH and the ordinance was developed and
adopted pursuant to RSA 674:21, I (h) and (i), innovative land use controls. The primary
reason for this ordinance is because the Town does not want strip development to occur
and to prevent this from happening the Planning Board believed that a unique strategy
for mixed-use development in a rural setting was needed. In addition, the Town’s adopted
Master Plan strongly discourages strip development.
As a result, Deerfield’s flexible overlay district is set up to encourage flexibility and
creativity for compatible commercial and industrial development to occur throughout the
community and to attract environmentally acceptable commercial and industrial uses to
the Town that meet a set of standards that maintain Deerfield’s rural character.
The flexible overlay district is a floating overlay district that has written performance and
other standards built into the ordinance to minimize the undesirable impacts of proposed
development. As a floating district, it can be located anywhere within the Town of
Deerfield, except as specifically indicated by the ordinance.
The overlay district is implemented in a three-phase process which requires a conceptual
consultation phase, a design review phase, and a final plat phase. Subdivision and site plan
review, if applicable, of any proposal can be done concurrently.
Land uses are divided into the following categories under the overlay district:
• ABSOLUTE criteria for ALL Proposals
A. Commercial ACTIVITY
B. Industrial ACTIVITY
Every single or mixed land use development activity must satisfy the criteria in the
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Section 2 - Examples of Mixed-Use Zoning Ordinances
“ABSOLUTE Criteria for ALL Proposals” category. In addition, each use must satisfy all
applicable criteria of the appropriate ACTIVITY category of which it is a part. These criteria
are all spelled out in the “Point Charts” the zoning district. Only the Planning Board may
determine if a criterion is irrelevant and does not apply to the proposed development.
Some of the review criteria include compliance with existing plans and policies, community
compatibility standards, public facilities and service standard, environmental standards and
site design standards. These standards are identified in a question and answer format in the
ordinance and the point charts are used to tally the review results. The Planning Board is
responsible for determining whether the proposed development complies with the criteria
and for assigning the number of points awarded. If a proposed development receives a high
score it is generally approved.
The advantage of this performance-based overlay zoning approach is that it allows the
market to determine where various commercial and industrial uses should be located based
upon the Planning Board’s policies and standards for land use.
Town of Derry
Concerned about economic development as well as revitalizing its historic downtown, the
Town of Derry adopted a Central Business District (CBD) in 2001. The type of land use
activities allowed within this district are intended not to have a severe detrimental impact
on the existing historical, residential uses, or traditional commercial, or cultural uses found
in this older downtown area.
Some of the permitted uses in the CBD include: single-family detached dwellings, hotels,
bed & breakfasts and inns, multi-unit residential uses consisting of no more than four
dwelling units, which may be in combination as a mixed-use, with non-residential uses
permitted, multi-unit residential uses consisting of more than four dwelling units, but
only as a mixed-use in conjunction with permitted non-residential uses, professional and
business offices, the manufacture or processing of certain low intensity uses that can be
combined with retail sales on the premises, any public or semi-public use or agency, a
variety of miscellaneous uses such as dancehalls, auditoriums and communication studios
and home occupations.
The minimum lot area with public sewer is 30,000 square feet and without public sewer it
is one acre, plus 10,000 square feet for each 200 gallons per day of sewage effluent after the
first 200 gallons per day. Fifty (50) feet of frontage and a minimum lot width of fifty feet
at the 10-foot setback line. Maximum front yard of 8 feet and minimum yard depths of
10 feet side yard and 20 feet rear yard. The maximum building or structure height within
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Southern NH Planning Commission
the CBD is 60 feet.
In addition to these use and dimensional standards, the Planning Board is authorized
to adopt architectural design regulations for this district pursuant to RSA 674:16, I and
II, 674:21, I. And 674:44 II. There is also a requirement for a buffer zone where a nonresidential use in the district abuts a residential use or abuts a residential district and all
required parking must be located at the rear of the building.
Special exception uses have also been built into the ordinance which require Zoning Board
of Adjustment approval. These uses include product assembly, equipment fit-up and repair,
automobile repair and restoration, wood and metal craft work, plumbing contractors,
heating, ventilation and air conditioning contractors and electrical contractors. All uses
approved as a special exception are also required to have site plan review approval of the
Planning Board.
In addition to the CBD ordinance, the Town of Derry has put into place a Traditional
Business Overlay District (TBOD) which serves to protect the traditional character of
Derry’s older Central Business District which represents the gateway into the community.
The intended uses in the TBOD are designed to serve and compliment the existing
historical, residential, commercial and cultural uses of the community and to promote an
attractive and appropriate streetscape creating a quality downtown image.
Many of the uses permitted in the CBD ordinance are also permitted in the TBOD,
however the list of permitted uses are much more specific and more accurately defined.
Greater flexibility in parking standards is provided through the use of a Conditional Use
Permit and the minimum lot area and dimensional requirements are much less. There
is no minimum front yard and side yards are a minimum of five feet. Building height
is restricted to two stories and no building can exceed 60 feet in height. There are also
requirements for sidewalk display and signage.
Some examples of the mixed-use development occurring in these districts include mixeduse housing with office/retail on the first floor and senior housing occurring in the upper
levels. There is also a renewed focus on mixed professional offices at Exit 4.
Town of Goffstown
The Town of Goffstown has in place a Residential, Small Business and Office District
(RSBO) established in areas where residential, personal services, office, commercial and
other compatible uses at a scale and in a manner can co-exist. The RSBO district was
specifically developed for the purpose of balancing traffic, congestion, visual conflicts,
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Section 2 - Examples of Mixed-Use Zoning Ordinances
light, noise, and other impacts associated with higher density mixed use development
within a village-scale context. The district is specifically used in residential conversion
areas, service areas within rural areas, and new village centers. Mixed residential and nonresidential uses are also allowed.
The Town’s Zoning Ordinance also allows multiple principal uses on a single lot. This
provision (Section 3.6) permits non-residential uses and multi-family dwelling units to
co-exist on a single lot under the RSBO district. However, multi-family dwellings require
Conditional Use approval within the RSBO district. This is also true for a group child day
care center, an adult day care center, church or synagogue, community centers, a park or
indoor recreation facility of fitness center, concert halls and theaters, commercial outdoor
facilities, funeral homes, nursing and special care facilities, professional and business offices,
certain drive-throughs, restaurant, certain personal services such as barber and beauty
shops, and certain communications and utilities.
The minimum lot size is 40,000 square feet with no public utilities and 20,000 with either
town water or sewer or 10,000 square feet with both town water and sewer. The minimum
lot frontage is 100 feet and the front, rear and side setback requirements are 25, 30 and 15
feet respectively. There is also a maximum building coverage requirement of 25 percent
and a maximum building height of 35 feet.
Presently, the Planning Board is exploring expanding the RSOB district in the Village area
and along Route 114. The advantages of the RSOB district to date have been conversions of
older homes into multi-family or office use which typically prior to the ordinance required
a variance from the Zoning Board of Adjustment.
The Town’s Zoning Ordinance also includes a Village Commercial District (VC) which
is located in the downtown area. This district provides for mixed-use development
with the same use requirements as the RSOB district, except public schools, library and
museums, private clubs, commercial indoor and outdoor recreational facilities, hospitals,
certain drive-throughs, outdoor display of merchandise, public parking and transportation
facilities, telecommunication facilities, labs and testing facilities and certain public utilities
require conditional use approval. In addition, under the VC district the Planning Board
has developed and included a set of specific design standards for the village area.
A new district is currently being put forth to the Town voters at the 2006 Town Meeting
which will relax the building setbacks and lot sizes in this district and to better integrate the
district in with the Town’s Main Street Program. The Town’s design standards are advisory
only.
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Southern NH Planning Commission
City of Manchester
In addition to its downtown zoning districts, the City of Manchester has adopted special
district-wide regulations. The Amoskeag Millyard Mixed Use District (AMX) is a specialized
mixed-use district for this area. One of the main purposes of the AMX is to maximize
the retention and reuse of existing buildings. The uses permitted by right, conditional
use permit, or by special exception within the AMX as identified in the table of permitted
uses in the City’s Zoning Ordinance are limited to establishments within buildings which
existed on or prior to October 18, 1994, the adoption of the ordinance, except that new
construction can occur for the following uses:
1.
Hotels, bed and breakfast and extended stay facilities that are developed in
conjunction with a convention center;
2.
Taxi, bus or railroad passenger or transit terminals;
3.
Parking structures;
4.
Retail and restaurant uses of 50,000 square feet or more;
5.
Private competitive sports facilities;
6.
Theaters, cinemas and concert halls;
7.
Cultural and institutional uses.
As part of the AMX district, a parking analysis and parking plan is required which defines
the amount of off-street parking that may be required. This analysis must be based on
published research data on urban parking needs.
In reviewing development proposals in the AMX, the Planning Board must take into
consideration the compatibility of the proposed uses both within the buildings and
in relation to adjoining uses, the parking analysis, the proposed design of the site and
buildings, consistency with land use plans adopted for the district, market demands and
creative approaches to mixed uses and other requirements of the district.
There is also in place a Millyard Design Review Committee which offers guidance to
the Planning Board in reviewing major exterior rehabilitation or restoration of existing
buildings, changes to exterior signage and additions or new free standing structures. There
are also historic district requirements that are applicable to this district.
Town of Londonderry
In accordance with its recently adopted Master Plan, the Londonderry Planning Board
is working on a new performance-based mixed-use district modeled after the Town of
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Section 2 - Examples of Mixed-Use Zoning Ordinances
Bedford’s overlay zone which is being referred to as the “Flexible Industrial District”. This
district would be applied to the airport area and would provide for mixed commercial and
industrial uses. The district may also be applied to the Exit 5 area.
There is currently 1,000 acres adjacent to the airport which are available for future
development. As a result, of a series of design charrettees held with property owners in the
region, the Town now has a template that it can use to market the area. To accomplish this
greater flexibility in commercial/industrial mix of uses is needed.
The Town of Londonderry also has in place a Commercial 4 District which is mainly
used as a transitional zone to be located between residential neighborhoods and existing
commercial areas. While there are only two lots currently zoned Commercial 4, the Town’s
Master Plan envisions that this district could be expanded which could encourage more
neighborhood-based mixed-use opportunities.
In addition, as part of the recently adopted Master Plan, the Town’s Center Committee is
exploring ways to encourage municipal services and other compatible uses to located back
into the Town center.
Town of Raymond
The Town of Raymond has proposed an innovative mixed-use overlay zone referred to as
the Sewer Overlay District or SOD. This district will be going to the voters for approval
at the 2006 Town meeting. It was prepared to address the potential development of Exit
4 in Raymond along Rt. 101 in anticipation of a major development proposal and a Tax
Increment Finance District (TIF) to fund for the first time town sewer services. The SOD
would apply to specific parcels only in the proposed TIF.
The uses to be permitted in this new SOD would basically mirror the uses permitted in the
underlying commercial and industrial zones, however, only limited multi-family residential
would be permitted as well as a variety of light industrial, manufacturing, commercial,
retail, professional services, governmental uses and public facilities. The excavation of
gravel and rock for commercial purposes as well as single-family detached dwellings are not
permitted in the SOD.
The unique aspect of the proposed SOD is a no development can occur unless it is
compatible with an adopted Unified Development Plan. Any property owner may submit
or request a change to the Unified Development Plan prior to or concurrently with the
submittal of a site plan to the Planning Board for approval. The Unified Development
Plan is a conceptual master plan of the Exit 4 area which identifies the uses proposed in the
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Southern NH Planning Commission
area as well as proposed transportation, utilities and pedestrian access and parking.
All development in existence within the SOD may be permitted to expand without direct
connection to town water and sewer, until such time such facilities are made available
within 100 feet of the property line or as a component of the proposed development of
the lot.
It is the Planning Board’s intent in the future after the success of the SOD is measured to
convert the SOD district into a true Commercial C-3 Mixed Use Zone.
Town of Candia
The Town of Candia is also considering developing a new Mixed-Use (MX) District for
its Village – or four corners area. This new district would replace the Town’s existing
Institutional Zone and provide opportunities for the first time for the mixing of certain
residential and non-residential uses within one building or on a lot within the district. The
proposed MX District is going for voter approval at the 2006 Town Meeting.
The specific purpose of the MX District is to provide for a greater variety and mixture
of land uses, the blending of which is not possible in the Town’s other zoning districts.
The intent is to provide for a mixture of land uses that can be designed and arranged in
an efficient manner in keeping with the goal of keeping Candia an attractive town. All
pre-existing uses in existence prior to the adoption of this district would be allowed to
continue as a permitted use by right.
Some of the permitted uses to be allowed in the new MX district include: single-family
dwelling, dwelling in building used for commercial purposes, boarding and rooming
house, home occupation, home offices, seasonal homes, farm stands, tourist home,
hotel and motel, general service and retail establishments, funeral home, business and
professional offices, restaurant, gasoline service station, administrative offices, open storage
of lumber and building materials, church or other place of worship, nursing homes, social
clubs, libraries and museums, day care facilities and commercial greenhouses and farmers
markets.
There is a minimum lot area requirement of 2 acres and a lot width and frontage requirement
of 200 feet. Building height and setbacks would remain unchanged.
The proposed MX district is being proposed to address the Town’s recently adopted
Master Plan which recommends the establishment of a Mixed Use District along Route
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Section 2 - Examples of Mixed-Use Zoning Ordinances
101 a major east-west highway running through the Candia as well as Exit 3 which as the
“gateway” or “front door” to Candia could be enhanced through mixed uses designed to
help avoid strip development and big box, generic development. The Town’s newly adopted
Master Plan also recommends specific amendment provisions that establish standards to
ensure appropriate scale and design of development in mixed use and commercial village
districts.
Town of Auburn
The Town of Auburn has no specific mixed-use district ordinance yet, however, as part of
the Town’s Master Plan update, the Planning Board has expressed interest in the adoption
of a Village District zone which would better define a central town location and provide
opportunities for mixed use. Currently, a variance or special exception would be necessary
to permit a mix of uses on a commercial lot under the Town’s Zoning Ordinance.
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Section 3 - Appendices
Appendices
Bedford
Mixed-Use Zones:
Performance Zoning District (PZ)
Adoption Date:
March 1993
Permitted Uses:
Performance Zoning District (PZ)
Research and development operations; Manufacturing; Warehousing and truck
terminal facilities; Professional and business offices; Retail, wholesale and rental trades,
commercial service, and repair facilities; Restaurants, fast food restaurants, hotels,
motels, and other hospitality services; Medical/dental services and related facilities,
including hospitals and nursing homes; Personal service establishments; Government
facilities and services; Places of worship and related religious facilities; Public and private
educational institutions; Public and private commercial and non-commercial recreation
areas and open space; Elderly housing facilities; Agriculture; Excavation operations;
Water dependent structures; Business center developments; Membership clubs; Gasoline
service stations; Banks and other financial institutions; Funeral homes; Parking lot/
structure; Information processing; Day care facilities; Adult entertainment businesses
Standards/Requirements:
Performance Zoning District (PZ)
Dimensional Performance Standards; Minimum Landscape Performance; Off-Street parking
Areas; Screening Refuse, Material Storage, Loading/Receiving Areas, And Utility Installations;
Signs; Minimum Lighting; Environmental Performance; Adult Entertainment Businesses.
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Southern NH Planning Commission
DERRY
Mixed-Use Zones:
Central Business District (CBD)
Traditional Business Overlay District (TBOD)
Adoption Date:
Feb 16, 2001 (both)
Permitted Uses:
Central Business District (CBD)
Single family detached dwellings, hotels, bed & breakfasts, and inns; Multi-unit
residential - Uses consisting of no more than 4 dwelling units, Multi-unit residential
- Uses of more than 4 dwelling units, but only as a mixed use in conjunction with
permitted non-residential uses; All stores intended for retail sale of (see ordinance);
Offices or stores for the handling of (see ordinance); Offices for the handling of (see
ordinance); The manufacture/processing of (see ordinance); Any public uses by a
semi-public agency whose activities are primarily non-profit in nature; Dancehall/
auditorium used primarily for recreation; Radio/television broadcasting studios exclusive
of transmitter facilities (upper levels only); Home occupations; Parking facilities.
Traditional Business Overlay District (TBOD)
Multi-unit residential dwelling unit as mixed-use in conjunction with permitted non-residential
use; All stores intended for retail sale of (see ordinance); Offices or stores for the handling
of (see ordinance); Offices for the handling of administrative functions; The manufacture/
processing of (see ordinance); Any public uses by a semi-public agency whose activities
are primarily non-profit in nature; Dancehall/auditorium used primarily for recreation;
Radio/television broadcasting studios exclusive of transmitter facilities (upper levels only).
Standards/Requirements:
Central Business District (CBD)
Area and dimensional requirements; Buffer zones; Parking;
Traditional Business Overlay District (TBOD)
Area and dimensional requirements; Review; Buffer zones; Sidewalk display; Parking;
Signs.
22
Section 3 - Appendices
GOFFSTOWN
Mixed-Use Zones:
Agricultural District (A);
Residential, Small Business and Office District (RSBO);
Commercial District (C)
Adoption Date:
March 2001
Permitted Uses:
For all three zones
Non-residential Uses, And Multi-family Dwelling Units; Single and Two-family
dwellings; Manufactured Housing;
Standards/Requirements:
For all three zones
Lot Frontage; Corner Lots Front Set Back; Lot Width & Size; Building Height; Signs;
Parking and Loading; Outdoor Lighting.
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Southern NH Planning Commission
24
Section 3 - Appendices
HOOKSETT
Mixed-Use Zones:
Mixed-Use District (MUD) 1
Mixed-Use District (MUD) 2
Mixed-Use District (MUD) 3
Mixed-Use District (MUD) 4
Mixed-Use District (MUD) 5
Adoption Date:
May 2000
Permitted Uses:
Mixed-Use District (MUD) 1
Retail store; Personal services business; Business and professional offices; Research
and/or testing laboratories; Hotels and motels; Restaurant, exclusive of driveup; Indoor movie theaters; Banks; Parks and recreational facilities; Accessory use.
Mixed-Use District (MUD) 2
Industry/Manufacturing; Office/Technology park; Truck/freight terminals; Warehouse;
Auto body shops; Neighborhood convenience stores; Lodging houses, hotels, inns,
motels, tourist courts, cabins; Shops/other retail; Garages, parking lots, and motor fuel
dispensing stations; Business/professional offices, banks; Theaters, halls, clubs, amusement
centers, and private recreational facilities; Greenhouses/florist shops; Undertaking
establishments; Wholesale establishments and warehouses; Restaurants; Drive-ups;
Private child day care, adult day care, day nurseries and kindergartens; Nursing homes;
Hospitals, sanitariums, convents, and non-residential health centers; Institutions of
higher education; Non-municipal elementary and secondary schools; Single family
dwellings; Two family dwellings if served by municipal sewer; Multi-family dwellings if
served by municipal water and municipal sewer; Housing for the elderly/handicapped;
Municipally operated recreational and community center buildings; Municipal buildings
and schools; Municipal parks, playgrounds; Churches, synagogues and parish houses.
Mixed-Use District (MUD) 3
Same as MUD 1
Mixed-Use District (MUD) 4
Same as MUD 1, but add Hospitals, delete Accessory Uses
Mixed-Use District (MUD) 5
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Southern NH Planning Commission
Industry/Manufacturing; Office/Technology park; Truck/freight terminals; Warehouse;
Auto body shops; Neighborhood convenience stores; Lodging houses, hotels, inns,
motels, tourist courts, cabins; Shops/other retail; Garages, parking lots, and motor fuel
dispensing stations; Business/professional offices, banks; Theaters, halls, clubs, amusement
centers, and private recreational facilities; Greenhouses/florist shops; Undertaking
establishments; Wholesale establishments and warehouses; Restaurants; Drive-ups;
Private child day care, adult day care, day nurseries and kindergartens; Nursing homes;
Hospitals, sanitariums, convents, and non-residential health centers; Institutions of
higher education; Non-municipal elementary and secondary schools; Single family
dwellings; Two family dwellings if served by municipal sewer; Multi-family dwellings if
served by municipal water and municipal sewer; Housing for the elderly/handicapped;
Municipally operated recreational and community center buildings; Municipal buildings
and schools; Municipal parks, playgrounds; Churches, synagogues and parish houses.
Standards/Requirements:
For MUD 1 – MUD 5
Lot area, Yards, Parking, Buffer Zone, Building Height, Open Space, Frontage.
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Section 3 - Appendices
MANCHESTER
Mixed-Use Zones:
Amoskeag Millyard Mixed-Use District (AMX)
Adoption Date:
October 1994
Permitted Uses:
Amoskeag Millyard Mixed-Use District (AMX)
Hotels, bed and breakfast and extended stay facilities that are developed in conjunction
with a convention center; Taxi, bus or railroad passenger or transit terminals; Parking
structures; Retail and restaurant uses of 5,000 square feet or more; Private competitive
sports facilities; Theaters, cinemas and concert halls; Cultural and institutional uses.
Standards/Requirements:
Amoskeag Millyard Mixed-Use District (AMX)
Parking Plan, Exterior design, Exterior signage, Additions or new free standing structures
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Southern NH Planning Commission
RAYMOND
Mixed-Use Zones:
Sewer Overlay District (SOD)
Adoption Date:
Proposed
Permitted Uses:
Sewer Overlay District (SOD)
Accessory Uses, Adult Day Care, Automobile Service Station, Automobile Repair
Garage, Cafeteria or Restaurant, Commercial Service Establishment, Fast Food
Restaurant, Hotels/Motels, Indoor Commercial Recreation Facility, Industrial Repair
Facility, Light Manufacturing, Light Industrial, Machine Shop, Nursery School,
Office Establishment, Research Lab, Restaurant, Sales Establishment, Testing Lab,
Warehouse Establishment, Wholesale Business, Wireless Communications Facility.
Standards/Requirements:
N/A
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Section 3 - Appendices
DEERFIELD
Mixed-Use Zones:
Commercial/Industrial Flexible Overlay District
Adoption Date:
Proposed
Permitted Uses:
Commercial/Industrial Flexible Overlay District
Environmentally acceptable commercial and industrial uses to the town that meet a set
of standards that maintain Deerfield’s rural character
Standards/Requirements:
Commercial/Industrial Flexible Overlay District
Land Use Conflicts, Scenic Roads, Public Facilities and Services, Environmental
Standards, Site Design Standards
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Southern NH Planning Commission
LONDONDERRY
Mixed-Use Zones:
Flexible Industrial District (FI)
Adoption Date:
Proposed
Permitted Uses:
Flexible Industrial District (FI)
Cultural & Performing Arts, Public Facilities, Assembly, testing, repair and packing
operations up to 100,000 sq. ft., Conference/Convention Center up to 50,000 sq. ft.,
Education & Training facilities up to 50,000 sq. ft., Hotels up to 50,000 sq. ft., Light
Manufacturing up to 100,000 sq. ft., Office Campus up to 50,000 sq. ft., Professional
Office up to 50,000 sq. ft., Rental Car terminal up to 50,000 sq. ft., Research or Testing
Laboratories up to 100,000 sq. ft., Terminal, trucking up to 100,000 sq. ft., Warehouses
& Storage up to 100,000 sq. ft., Wholesale Businesses up to 100,000 sq. ft., Accessory
uses up to 3,000 sq. ft., Automotive Repair up to 3,000 sq. ft., Computer Services up to
3,000 sq. ft., Service/Commercial Businesses up to 3,000 sq. ft., Daycare up to 3,000
sq. ft., Health Clubs up to 3,000 sq. ft., Personal Service Businesses up to 3,000 sq. ft.
Standards/Requirements:
Flexible Industrial District (FI)
Setbacks, Minimum Lot Size, Maximum Lot Coverage, Building Height, Minimum
Open Space, Ownership of Open Space, Storage Areas, Parking, Loading &
Vehicle Access, Landscaping, Signs, Lighting, Pedestrian & Bicycle Facilities.
30
TOWN OF BEDFORD
ZONING ORDINANCE
ARTICLE 45-9
U.S. ROUTE 3 CORRIDOR PERFORMANCE ZONING DISTRICT
§ 45-9-1
STATUTORY AUTHORITY
This Article 45-9 is enacted by the Town of Bedford pursuant to NH RSA 674:21, II, this
innovative land use control ordinance shall provide for all approvals, including the
granting of conditional or special use permits, by the Planning Board. Any decision made
by the Planning Board under this innovative land use control ordinance may be appealed
directly to Superior Court in the same manner provided by stature for appeals from the
Planning Board, as set forth in RSA 676:5, III and RSA 677:15. A waiver process from
particular requirements set forth in Article 9 may be employed by the Planning Board
where the applicant demonstrates substantial compliance with the standards set forth in
Article 9, Section 45-9-3: Purpose, Paragraphs (a)-(e). [Amended: 3/8/94.]
§ 45-9-2
§ 45-9-3
INTENT
(a)
Zoning was first implemented as a technique for separating incompatible types of
land development, thereby protecting low-intensity uses from the harmful or
disagreeable impacts of high-intensity uses. However, conventional zoning may
produce its own set of undesirable side-effects.
(b)
As design and technology continually change in the marketplace, new types of land
uses are proposed which cannot be easily assigned to existing zoning
classifications. Too often, innovative land developments are either denied outright
(resulting in loss of tax revenue to the municipality), appealed to the Zoning Board
of Adjustment (where special conditions are imposed), or subjected to lengthy
rezoning procedures (requiring a town-wide ballot vote).
(c)
Performance standards measure the quantifiable “impacts” of each proposed
development rather than prohibiting certain classes of land use. This type of zoning
offers an alternative method for implementing community goals as outlined in the
1990 Bedford Master Plan and the 1983 Route 3 Corridor Study, while protecting
the right of private property owners to utilize their land according to highest and
best use.
PURPOSE
The purpose of the U.S. Route 3 Corridor Performance Zoning District Ordinance is:
(a)
To attract environmentally acceptable commercial, industrial, recreational,
institutional, and residential uses to the District;
(b)
To encourage diversity in the community tax base through appropriate flexibility in
land use and land use development;
(c)
To optimize financial return on public infrastructure investments and expenditures,
including municipal sewer, municipal water supply, the Manchester Airport, Class I
& II public highways, and the Merrimack River amenities;
(d)
To minimize adverse traffic impacts on U.S. Route 3, the I-293/NH Route 101
Interchange, and surrounding local streets and roadways; and
(e)
To preserve valuable historical, cultural, and natural features within the District and
to minimize adverse environmental impacts such as water, air, light, noise
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BEDFORD CODE
pollution, flooding, clear cutting of vegetation, and the blocking of scenic views.
§ 45-9-4
BOUNDARIES OF U.S. ROUTE 3 CORRIDOR PERFORMANCE ZONING
DISTRICT
The boundaries and extent of the U.S. Route 3 Corridor Performance Zoning District is as
delineated and depicted on the map entitled Zoning Map, Town of Bedford, NH 1993,
and as afterwards amended.
§ 45-9-5
DEFINITIONS
Except where specifically defined or otherwise referenced within this Ordinance, words
and terms used are intended to imply their customary definition and meaning. The
following words and terms are specifically defined as follows:
ADULT BOOKSTORE OR ADULT VIDEO STORE–A commercial establishment
that devotes more than fifteen percent (15%) of the total display, shelf, rack, wall, table,
stand or floor area, utilized for the display and sale of the following items listed in (a) and
(b) below. The establishment, as one of the principal business purposes, offers for sale or
rental for any form of consideration, any one of more the following:
(a)
Books, magazines, periodicals, or other printed matter, or photographs, films,
motion pictures, video cassettes, video reproductions, slides, tapes , records, CDroms or other forms of visual or audio representations which depict or describe
“specified sexual activities” or “specified anatomical areas” or meet the definition
of “harmful to minors” and/or “sexual conduct” as set forth in RSA-571-B:1; or,
(b)
Instruments, devices or paraphernalia which are designed for use in connection
with “sexual conduct” as defined in RSA-571-B:1, other than birth control devices.
A commercial establishment may have other principal business proposes that do
not involve the offering for sale or rental of material depicting or describing
“specified sexual conduct or activities” and still be categorized as “Adult Video/
Book Store.” Such other business purposes will not serve to exempt such
commercial establishments fro m being categorized as an “Adult Video/ Book
Store” so long as one of its principal business purposes is offering for sale or rental
for consideration to specified material which depict or describe specified sexual
conduct or activities or specified anatomical areas.
(1)
Specified sexual conduct or activities means that the male genitals in a state
of sexual arousal and/ or the vulva or more intimate parts of the female
genitals.
(2)
Specified anatomical areas means and includes any of the following:
a.
the fondling or other erotic touching of the human genitals, pubic region,
buttocks, anus, or female breasts;
b.
sex acts, normal or perverted, actual or simulated, including intercourse,
or copulation, or sodomy;
c.
masturbation, actual or simulated; or
d.
excretory function as part of or in connection with any of the activities
set forth in a through c above.
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ZONING ORDINANCE
ADULT BOOKSTORE or ADULT VIDEO STORE does not include an establishment
that sells books or periodicals an incidental or accessory part of its principal stock and
trade and does not devote more than fifteen percent (15%) of the total display area of the
establishment to the sale of books and periodicals. [Added: 3/14/95.]
ADULT CABARET–A nightclub, bar, restaurant or similar establishment which during
a substantial portion of the total presentation time features live performances which meet
the definition of “harmful to minors” and/or “sexual conduct” as set forth in RSA 571B:1, and/or feature films, motion pictures, video cassettes, slides or other photographic
reproductions, a substantial portion of the total presentation time of which is devoted to
showing of material which meets the definition of “harmful to minors” and/or “sexual
conduct” as set forth in RSA 571-B:1. [Added: 3/14/95.]
ADULT DRIVE-IN THEATER–An open lot or part thereof, with appurtenant facilities,
devoted primarily to the presentation of motion pictures, films, theatrical productions and
other forms of visual productions, for any form of consideration to persons in motor
vehicles or on outdoor seats, in which a substantial portion of the total presentation time
being presented for observation by patrons is devoted to the showing of material which
meets the definition of “harmful to minors” and/ or “sexual conduct” as set forth in RSA
571-B:1. [Added: 3/14/95.]
ADULT MOTEL–A motel or similar establishment offering public accommodations of
any form of consideration which provides patrons with closed circuit television
transmissions, films, motion pictures, video cassettes, slides or photographic
reproductions, a substantial portion of the total presentation time of which are
distinguished or characterized by an emphasis upon the depiction or description of
materials which meet the definition of “harmful to minors” and/or “sexual conduct” as set
forth in RSA 571-.B:1. [Added: 3/14/95.]
ADULT MOTION PICTURE ARCADE–Any place to which the public is permitted or
invited wherein coin or slug-operated or electronically, electrically or mechanically
controlled still or motion picture machines, projectors, or other image-producing devices
are maintained to show images to five (5) or fewer persons per machine at any one time,
in which a substantial portion of the total presentation of the images so displayed is devoted to
the showing of material which meets the definition of “harmful to minors” and/ or “sexual conduct,” as set
forth in RSA 571-B:1. [Added: 3/14/95.]
ADULT MOTION PICTURE THEATER–An establishment with a capacity of five (5)
or more persons, where for any form of consideration, films, motion pictures, video
cassettes, slides or similar photographic reproductions are shown, and in which a
substantial portion of the total presentation time is devoted to the showing of material
which meets the definition of “harmful to minors” and/ or “sexual conduct” as set forth in
RSA 571-B:1 , for observation by patrons. For Subsections C,D,E,F, and G, a
“substantial portion of the total presentation time shall mean the presentation of films or
shows described above for viewing on more than seven (7) days within any fifty-six (56)
consecutive day period. [Added: 3/14/95.]
ADULT THEATER–A theater, concert hall, auditorium or similar establishment either
indoor or outdoor in nature, which for any form of consideration, regularly features live
performances, a substantial portion of the total presentation time of which are
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BEDFORD CODE
distinguished of characterized by an emphasis on activities which meet the definition of
“harmful to minors” and/ or “sexual conduct” as set forth in RSA 571-B:1. [Added:
3/14/95.]
BUILDING HEIGHT–The vertical distance from the average existing ground level of a
building footprint to the soffit (or highest horizontal support) of the building. [Added:
3/14/95.]
CALIPER–The diameter of a tree trunk measured in inches at breast height (dbh) or
three and a half feet (3 1/2’) above grade. [Added: 3/8/94.]
EASEMENT DEED–A legally binding document which provides the grantee with
specific entitlements related to the use and enjoyment of the grantor’s property.
ELDERLY HOUSING–Any housing for the exclusive use of elderly and physically
disabled persons which complies with the Fair Housing Act of 1988 and as amended.
IMPERVIOUS COVERAGE–The surface area of all man-made improvements which
effectively prevents the natural passage of water from the ground surface to the
underlying soil mass.
INCENTIVE BONUS STANDARDS, INCENTIVE BONUS –The provisions of this
Ordinance which provide potentially advantageous land use arrangements to individuals
as compensation for voluntarily utilizing their property(s) in a preferred, but not required
manner.
LOADING/RECEIVING AREA–A portion of a structure which is reserved for the
primary purpose of providing structure access for the arrival and dispersal of goods and
products transported by truck or rail.
LOCAL ROADS and STREETS–All highways classified as Class IV or V under RSA
229:5.
MATERIAL STORAGE AREA–That portion of a site routinely used for the outdoor
storage of any products, goods, or raw materials.
MUNICIPAL SEWER–An operational system constructed and maintained for the
collection and renovation of nonhazardous waste water flows, which is either owned and
maintained by a municipality or a public utility company licensed by the Public Utilities
Commission of the State of New Hampshire.
MUNICIPAL WATER–An operational system constructed and maintained for the
purpose of distribution of potable water for general use, which is either owned and
maintained by a municipality or a public utility company licensed by the Public Utilities
Commission of the State of New Hampshire.
NOISE–Any objectionable sound produced by any unnatural activity.
NUDE MODEL STUDIO–A place where a person who appears in a state of nudity or
displays male genitals in a state of arousal and/ or the vulva or more intimate parts of the
female genitals and is observed, sketched, drawn, painted, sculptured, photographed, or
similarly depicted by other persons who pay money or any form of consideration or such
display is characterized by an emphasis on activities which meets the definition of
“harmful to minors” and/ or “sexual conduct” as set forth in RSA 571-B:1. [Added:
4566
ZONING ORDINANCE
3/14/95.]
NUISANCE ODOR–Any emission which produces an objectionable or unhealthy smell.
PERFORMANCE ZONING STANDARDS, PERFORMANCE STANDARDS–The
specific provisions of this Ordinance which have been created for the purpose of
accomplishing the stated intent of the Ordinance or any portion thereof.
REFUSE–Any natural or man-made product or by-product with a market value below
the total cost associated with proper disposal of the same.
SEXUAL ENCOUNTER CENTER–A business or commercial enterprise that as one of
its primary business purposes, offers for any form of consideration:
(a)
physical contact in the form of wrestling or tumbling between persons of the
opposite sex; or
(b)
activities between male and female persons and/ or persons of the same sex when
one or more persons is in the state of nudity; or
(c)
where the activities in (a) or (b) is characterized by an emphasis on activities which
meets the definition of “harmful to minors” and/ or “sexual conduct”, as set forth in
RSA 571-B:1.
[Added: 3/14/95.]
SHARED ACCESS DRIVES –Any privately owned curb cuts and/or traveled ways
which provide common access to more than one (1) property.
U.S. ROUTE 3–That section of highway known locally as South River Road, which runs
the length of Bedford, between the Merrimack and Manchester corporate boundaries.
WATER DEPENDENT STRUCTURES –A dock, wharf, pier, breakwater, swimming
float, boat ramp, or other similar structure or part thereof.
§ 45-9-6
PERMITTED USES
All land uses, or combinations thereof, enumerated hereunder are permitted within the
U.S. Route 3 Performance Zoning District subject to review for suitability by the
Planning Board. Prior to any Planning Board approval of a proposed use, the applicant
must demonstrate that the proposed use will meet all of the performance standards
established in the following sections, The Bedford Subdivision Regulations, The Bedford
Non-Residential Site Plan Review Regulations, and shall not produce any negative
impacts on surrounding properties. [Amended: 3/14/94.]
(a)
Research and development operations
(b)
Manufacturing
(c)
Warehousing and truck terminal facilities
(d)
Professional and business offices
(e)
Retail, wholesale and rental trades, commercial service, and repair facilities
(f)
Restaurants, fast food restaurants, hotels, motels, and other hospitality services
(g)
Medical/dental services and related facilities, including hospitals and nursing
homes
4567
BEDFORD CODE
(h)
Personal service establishments
(i)
Government facilities and services
(j)
Places of worship and related religious facilities
(k)
Public and private educational institutions
(l)
Public and private commercial and noncommercial recreation areas and open space
(m)
Elderly housing facilities (1)
(n)
Agriculture
(o)
Excavation operations
(p)
Water dependent structures
(q)
Business center developments
(r)
Membership clubs
(s)
Gasoline service stations (2)
(t)
Banks and other financial institutions
(u)
Funeral homes
(v)
Parking lot/structure
[Multiple Residential Dwellings Deleted: 3/11/97.]
(w)
Information processing
(x)
Day care facilities
(y)
Adult entertainment businesses (3) [Added: 3/14/95.]
Footnotes:
(1) Elderly housing facilities are subject to the following provisions:
a)
A maximum of twenty-eight (28) dwelling units per acre shall be permitted;
b) A minimum of one (1) parking space per unit plus one (1) per employee of the
largest shift shall be provided on the site;
c)
The term “elderly housing” as used in this section shall mean any housing
intended and operated for occupancy by at least one (1) person fifty-five (55)
years of age and older. All elderly housing developments shall include a
minimum of twenty-five percent (25%) of the units as affordable housing for
low-income elderly persons. Affordable housing as used in this section, shall
mean rental, lease, or ownership interest in housing which is subsidized for a
minimum period of thirty (30) years through either governmental, public, or
private mechanisms, including tax credits, for persons with a household income
limit not exceeding eighty percent (80%) of the area median income for
households of various sizes (AMI) established by the U.S. Department of
Housing and Urban Development for the metropolitan statistical area which
includes the Town of Bedford.
Elderly housing shall provide, and make available to residents therein,
significant on-site facilities and services specifically designed to meet the
physical or social needs of older persons, including but not limited to: dining
facilities; housekeeping services; security services; group transportation; and
4568
ZONING ORDINANCE
personnel response services. The Planning Board may waive some or all of the
facilities or services where: 1) the proposed development provides alternative
arrangements that are satisfactory to the Planning Board; or 2) the development
provides more than the required twenty-five percent (25%) of affordable
housing as defined above. All elderly housing shall be supplied with municipal
sewer and public water, and structures shall be fully sprinklered. [Amended:
03/08/05].
d) Elderly housing proposals shall be subject to the provisions of the Land
Development Control Regulations of the Town of Bedford.
e) Minimum lot size shall be one (1) acre. Minimum lot frontage shall be one
hundred feet (100’) on a class II, IV, or V roadway. Minimum setbacks shall be
thirty-five feet (35’) at the front yard and twenty-five feet (25’) at the side and
rear yards. Maximum building height shall be forty-eight feet (48’). Minimum
green space shall be thirty percent (30%).
(2) Gasoline service stations are subject to Footnote (12) in Appendix 45A: Table of Uses of the
Bedford Zoning Ordinance.
Gasoline service stations and their accessory uses may be permitted in the PZ zone only by the
granting of a Conditional Use Permit by the Planning Board. Applications for a Conditional
Use Permit shall address the following: purpose of the Route 3 Performance Zoning District,
dimensional standards, highway improvements, sewer and water connections, setbacks,
landscaping, signage, parking, screening of refuse and pumps, lighting, environmental
safeguards, nuisance odors, market data to support the proposed location, access to a
signalized intersection, existing and future traffic analysis, identification of existing stations
within a five-mile radius, and provisions for termination of the Conditional Use Permit if the
station is abandoned. [Added: 3/10/98.]
(3) Adult entertainment businesses are subject to Section 45-9-16.
§ 45-9-7
DIMENSIONAL PERFORMANCE STANDARDS
(a)
(b)
Table of Performance Dimensional Standards
(1)
In order to accomplish the stated intent and purpose of this Ordinance, as
well as insure that the goals and objectives of both the 1990 Bedford Master
Plan and the 1983 Route 3 Corridor Study are fulfilled, Performance Zoning
Standards enumerated within Figure 45.5: Table of Performance
Dimensional Standards have been developed.
(2)
No building or structure shall be erected, enlarged, altered, or relocated, nor
shall any existing lot size be changed or new lot created within the U.S.
Route 3 Corridor Performance Zoning District, except in accordance with the
Table of Performance Dimensional Standards or as otherwise specified
within this Article.
Incentive Bonus Standards
(1)
In recognition of the need to protect the overall integrity and character of the
U.S. Route 3 Corridor, as well as to promote the development of a system of
local roads and utilities for properly servicing properties within the U.S.
Route 3 Corridor Performance Zoning District, the performance zoning
standards presented in Figure 45.5: Table of Performance Dimensional
Standards have been formulated so as to include Incentive Bonus Standards.
(2)
These Incentive Bonus Standards have been created as means for rewarding
4569
BEDFORD CODE
Figure 45.5 Table of Performance Dimensional Standards
For Properties
Located On…
US ROUTE 3
(with Mun. Water and Sewer)
US ROUTE 3
(w/out Mun. Water and/or Sewer)
LOCAL ROADS, OR US ROUTE 3
WHEN PRIVATE"SHARED ACCESS
those who choose to voluntarily develop their properties in a way that is most
Front ofMin.
Min. Rear
compatible with the stated goals andMin.
objectives
the Side
1990 Bedford
Master Max.
Min Lot
Min. Lot
Max. Bldg.
Structure
Structure
Structure Impervious
Plan and the
1983 Route Height
3 Corridor Study.
Area
Frontage
Setback
Setback
Setback
Cover
(Ft.) standards(Ft.)
(Ft.)
(Ft.)performance
(Ft.)zoning (%)
(3) (Ac.)
Incentive bonus
which are implicit
in these
3.0
standards include:
300
80
1:4
1:1
1:1
75%
(1) (2)
(6) (7) (8)
(6)
(6)
(9)
a. Minimum
Lot Areas and Frontage
3.0 1.
(4) (5)
1.0
(3)
Purpose
300
48
1:4
1:1
1:1
75%
Recognition
that less restrictive
minimum(6)
lot area and(6)frontage (9)
(1) (2)
(6) (7) (8)
requirements for sites which either front on local roads or have
shared
favorable development
75 access from
80 Route 3 can
1:4 promote 1:1
1:1
75%
along
this corridor, without adversely
(1) (2)
(6) (7) (8) effecting
(6)traffic patterns.
(6)
(9)
DRIVES" ARE USED (10)
(with Mun. Water and Sewer)
LOCAL ROADS, OR US ROUTE 3
WHEN PRIVATE "SHARED ACCESS
1.5
(3) (4) (5)
150
(1) (2) (3)
48
1:4
(6) (7) (8)
1:1
(6)
1:1
(6)
75%
(9)
DRIVES" ARE USED (10)
(w/out Mun. Water and Sewer)
Footnotes to Figure 45.5:
(1) Lots with frontage on both US Route 3 and a local road shall be accessed from the local road.
(2) Minimum frontage requirement to be satisfied at street providing access to lot.
(3) Required lot area and frontage for lots without sewer may be reduced to the required dimensions for lots with water and sewer if all of
the following are met: lot meets requirements of NHDES lot sizing criteria; subdivider contributes to a town administered fund kept for the
future sewer extensions; has a municipal water supply. In addition, the Planning Board may waive the Soils and Slopes based lot
requirements contained within the Subdivision Regulations for the Town of Bedford.
(4) Subject to NHDES lot sizing criteria.
(5) Subject to Town of Bedford Soils and Slopes based lot criteria.
(6) Calculated as a ratio of one foot (1') of maximum building height to one foot (1') of required building setback.
(7) May be reduced to 1:2 if all parking and loading are located to the side or rear of the principal structure.
(8) Minimum front structure setback dimension is fifty feet (50') on US Route 3 and thirty feet (30') on local roads; no front structure
setback requirement shall be in excess of one hundred and twenty feet (120') from any road.
(9) May be increased by an amount equal to the area of easement dedicated to future widening of US 3. [See Figure 45.6: Incentive Bonus
Formulas for Route 3 Easement.]
(10) Private "Shared Access Drives" shall mean common access points to US Route 3 providing access to two or more properties having a
total combined frontage on US Route 3 of not less than three hundred feet (300').
(11) Building height for calculation of setbacks shall be determined as the vertical distance from the average existing ground level of a
building footprint to the soffit (or highest horizontal support) of the building. [Added: 3/14/95.]
4570
ZONING ORDINANCE
Figure 45.6 Incentive Bonus Formula for Route 3 Easement
•
Allowable Impervious Coverage prior to deeding an easement:
0.75 x 3 acres = 2.25 acres
•
Deeded Easement Area:
17' x 300' = 5100 s.f. or 0.12 acres
•
By deeding the easement, the Impervious Coverage increases to:
2.25 acres
+ 0.12 acres
2.37 acres
•
Available land after deeding the easement:
3 acres - 0.12 acres = 2.88 acres
therefore,
2.37 acres of 2.88 acres may be impervious or
82% allowable impervious coverage
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BEDFORD CODE
Incentive Bonus Standards Water and/or Sewer
4572
ZONING ORDINANCE
2.
Reduction in Minimum Lot Area and Frontage
As an incentive bonus to encourage this concept of local road
construction and/or shared access, minimum lot area and frontage
requirements will be relaxed from a minimum lot size of three (3)
acres with three hundred feet (300’) of frontage, to one and a half
(1.5) acres with one hundred and fifty feet (150’) of frontage when a
municipal water supply and/or municipal sewer is not available.
3.
Waiver of Soils and Steep Slopes Regulation`
The Planning Board may further waive the “Soils and Steep Slopes
Regulation” contained within the Subdivision Regulations of The
Town of Bedford, New Hampshire for sites created under this
Incentive Bonus Standard. [See Figure 45.7: Incentive Bonus
Standards.]
b.
Municipal Sewer and Water Connections
1.
Purpose
Recognition that sites created which take advantage of the Incentive
Bonus Standard outlined above should have an additional incentive
bonus to expend funds for connection to municipal sewer and a
municipal water supply.
2.
Reduction in Minimum Lot Area and Frontage
This Incentive Bonus Standard is provided by allowing these sites to
further reduce minimum lot area to one (1) acre with seventy-five
feet (75’) of frontage.
3.
Waiver of Construction Improvements
This incentive is provided in order to offset the cost of providing
these utilities. This incentive bonus can also be attained by
contributing funds to a town administered fund for future utility
connection in lieu of actually constructing these improvements at the
time of subdivision. [See Figure 45.7: Incentive Bonus Standards.]
c.
Easement Deeds
1.
Land Within 50 Feet of U.S. Route 3
Recognition that individuals who voluntarily agree to provide
easement deeds over that portion of their land within fifty feet (50’)
of the present centerline of U.S. Route 3, thereby reserving this
easement area for future widening or similar improvements to this
corridor, may be compensated for this action by being allowed to
develop their properties to an extent greater than that allowed by the
maximum impervious coverage requirements otherwise permitted
within this District.
2.
Excess Impervious Coverage
The amount of excess impervious coverage allowed being equal to
the actual computed area of the easement area provided for future
improvements. [See Figure 45.6: Incentive Bonus Formula for
4573
BEDFORD CODE
Route 3 Easement.]
d.
e.
Front Structure Setback
1.
In recognition of the need to protect the aesthetic qualities of the
Route 3 Corridor, while still maintaining appreciation for the needs
of all potential users, an incentive bonus standard has been
developed wherein front structure setback requirements may be
relaxed for those who choose to develop sites in such a way as to
place parking pavements to the side and rear of proposed buildings.
2.
Those who choose to take advantage of this Incentive Bonus
Standard may reduce their required front structure setback by fifty
percent (50%) of that otherwise required within this District subject
to the minimum front structure setback dimension. In effect, use of
this Incentive Bonus Standard expands the envelope of available
building area on any given site.
Minimum Lot Area
The minimum lot area shown in Figure 45.5: Table of Performance
Dimensional Standards may be reduced if all the following criteria are met:
§ 45-9-8
1.
A parcel of land, with an area greater than or equal to the difference
between the minimum required lot area from Figure 45.5: Table of
Performance Dimensional Standards and the proposed lot area is
deeded in fee simple to the Town of Bedford or a nonprofit
organization acceptable to the Bedford Town Council;
2.
Those utilizing this Performance Standard must offer any land,
which is not to be retained by the subdivider to the Bedford Town
Council. In considering any such offer, the Town Council may elect
to: accept the land for town ownership and use; reject the offer; or
defer ownership to a third party, nonprofit organization of their
selection for permanent use as public recreation, conservation, open
space, or historic preservation;
3.
The parcel to be retained by the subdivider shall meet applicable
NHDES lot sizing criteria when public sewers are not available at
the time of subdivision. Further, the Planning Board may elect to
waive the soils and steep slopes based lot sizing requirements
contained within the Subdivision Ordinance of the Town of
Bedford;
4.
Any parcel created under this Performance Standard shall have a
total area of not less than one-half (1/2) acre.
M INIMUM LANDSCAPE PERFORMANCE S TANDARDS [AMENDED : 3/8/94]
(a)
Intent
To preserve and enhance the aesthetic qualities of the Route 3 Corridor by
establishing a matrix of landscape design and planting options which “perform” in
relationship to the intensity of the proposed land use. It is anticipated that through
4574
ZONING ORDINANCE
the implementation of “Landscape Strips” and “Incentive Bonuses ”, the following
objectives can be accomplished:
(b)
(1)
Diminish potentially adverse impacts of structures, lighting glare, noise, wind
velocities, and odors which could result from permitting widely varying land
uses on adjacent parcels;
(2)
Insure that each tract of land has benefit of an adequate buffer between
neighboring parcels in order to preserve and protect property values;
(3)
Promote a aesthetically pleasing relationship of scale between buildings and
their natural surroundings;
(4)
Reinforce the visual image of Bedford’s Route 3 Corridor as “tree-lined
streets”, through the planting of native shade trees along roadways,
installation of underground utilities, and design of “monument or pedestal”
signage rather than “pole” signage; and
(5)
Encourage a “pedestrian-friendly” environment through the inclusion of
sidewalks, barrier-free street crossings, mass transit shelters, public benches,
and bicycle racks.
General Landscape Provisions
(1)
Plantings Requirements
All plantings required by this Article shall be installed according to accepted
horticultural standards and shall be regularly maintained. Required plantings
shall be replaced as necessary in order to maintain compliance with these
zoning standards.
(2)
Verification of Incentive Bonuses Provisions/Waivers
Where Incentive Bonuses or waivers are employed, the Bedford Planning
Department shall have the ability to verify the effectiveness, health, size, and
number of retained plantings at the completion of construction. Any
deficiencies found with regard to these items shall be corrected and may
require the installation of additional plantings prior to the issuance of a
Certificate of Occupancy.
(3)
Waivers For Public Safety
None of the landscape requirements contained within this Article shall be
construed so as to require installation of improper plantings where safe site
distance at drives or along public streets may be inhibited by such plantings.
The Planning Board may waive any landscape requirements of this Article
when deemed to be necessary for reasons of public safety.
(c)
Landscape Areas [See Figure 45.8: Designated Landscape Areas.]
(1)
Open Space
(2)
Street Tree Landscape Strip
(3)
Front Landscape Strip
(4)
Side and Rear Landscape Strips
(5)
Exterior Pavement Landscape Strips
4575
BEDFORD CODE
Designated Landscape Areas
(6) Interior Pavement Landscape Strips
(7)
Signage Landscape Strip
(8)
Screening of Unsightly Features
4576
ZONING ORDINANCE
(d)
(e)
Incentive Bonus Standards
(1)
Preservation of mature trees and shrubs
(2)
Placement of parking spaces to the side and rear of buildings
(3)
Encouragement of shared vehicle access and interconnecting parking spaces
between adjacent parcels of land
Implementation
(1)
Open Space
All areas disturbed by construction shall be covered with a minimum
thickness of four inches (4") of suitable topsoil and be subsequently planted
with grass seed, sod, or other vegetative groundcover.
(2)
Street Tree Landscape Strip
a.
Intent
The Street Tree Landscape Strip is intended to promote the aesthetic
quality of “tree-lined streets” within this District.
b . Location
1, 2
The Street Tree Landscape Strip shall be a fifteen foot (15’) wide strip
running parallel with the lot frontage along any public right-of-way and
shall be continuous along the entire length of said right-of-way,
excepting areas reserved for approved curb cuts. [See Figures 45.8:
Designated Landscape Areas, 45.9: Minimum Landscape Requirements,
and 45.10: Minimum Landscape Heights.]
c.
Plantings
3
The Street Tree Strip shall be planted with a minimum of 1 indigenous
shade tree for every fifty feet (50') of right-of-way frontage. Examples of
indigenous shade trees are maple, oak, and ash. The size of the trees to
be planted within this area shall be a minimum of two and a half inches
(2 1/2") in caliper at the time of planting. Branching height of Street
Trees shall not be less than seven feet (7') above grade when planted.
Street Trees shall be spaced at least twenty-five feet (25') apart at the
time of planting.
1
The Street Tree Landscape Strip may be waived where a Side or Rear Landscape Strip is planted instead along the frontage of a
right-of-way.
2
Where easements for street widenings are conveyed, the Street Tree Landscape Strip shall overlap onto the Front Landscape Strip,
and street trees should be planted along the inside of any such easement line, within the Front Landscape Strip.
3
Where overhead utility lines restrict the allowable height of plantings, alternative tree specifications (including evergreens) may be
substituted by a waiver from the Planning Board.
4577
BEDFORD CODE
Minimum Landscape Requirements
4578
ZONING ORDINANCE
Minimum Landscape Heights
4579
BEDFORD CODE
d . Incentive Bonuses
Each healthy native tree with a caliper of three inches (3") or greater,
which is preserved within the Street Tree Strip, may be substituted for
one (1) required new Street Tree planting.
(3)
Front Landscape Strip
a.
Intent
The Front Landscape Strip is intended to promote a pleasing relationship
of scale between buildings and related site improvements and to integrate
the design of the Street Tree Strip.
b . Location
4
The Front Landscape Strip shall be a strip of variable width (minimum
fifteen feet (15') wide) between the Street Tree Area and the closest point
of a building or impervious surface facing a public right-of-way. [See
Figures 45.8: Designated Landscape Areas,, 45.9: Minimum Landscape
Requirements, and 45.10: Minimum Landscape Heights.]
c.
Plantings
The Front Landscape Strip shall be planted with a minimum of one (1)
deciduous or evergreen tree for every thirty feet (30') of horizontal
building facing a public right-of-way. Trees planted within this area shall
have a height equal to one-half (1/2) of the maximum proposed building
height (but not less than twelve feet (12') high or more than thirty feet
(30') high) at the time of planting.
d . Incentive Bonuses
Each healthy native tree with a caliper of three inches (3") or greater,
which is preserved within the Front Landscape Strip, may be substituted
for one (1) new Front Landscape tree. Each healthy native tree with a
caliper of four inches (4") or greater which is preserved within the Front
Landscape Strip, may be substituted for two (2) new Front Landscape
trees.
(4)
Side and Rear Landscape Strips
a.
Intent
The Side and Rear Landscape Strips are intended to promote proper
visual separation and adequate buffering between adjoining properties.
Parking, drives, and buildings shall not be located within any required
Side and Rear Landscape Strip.
4
Where easements for street widenings are conveyed, the Street Tree Strip may be overlaid on top of the Front Landscape Strip .
4580
ZONING ORDINANCE
Figure 45.11 Table of Side and Rear Landscape Area Options
LANDSCAPE
O PTIONS
DENSE
VEGETATED
SCREEN
T REES A ND
SHRUBS
WITH A
BERM
(2)
T REES
WITH A
4-FOOT
HIGH WALL
(4)
NO. OF TREES
REQUIRED
NO. OF S HRUBS
REQUIRED
(measured along the
centerline of side an
rear landscape areas)
(measured along the
centerline of side and
rear landscape areas)
1 Tree + 1 Additional
Trees per Every 50 ft
1 Shrub + 1 Additional
Shrub per Every 10 ft
40% Shall Be Deciduous 40% Shall Be Deciduous
60% Shall Be Evergreen 60% Shall Be Evergreen
1 Tree + 1 Additional
Trees per Every 50 ft
1 Shrub + 1 Additional
Shrub per Every 10 ft
Deciduous and/or
Evergreen
40% Shall Be Deciduous
60% Shall Be Evergreen
1 Tree + 1 Additional
Trees per Every 50 ft
Deciduous and/or
Evergreen
or
1 Ornamental + 1
Additional Ornamental
per Every 25 ft
REQUIRED
SIZE OF
TREES (1)
REQUIRED
SIZE OF
S HRUBS
(at the time
planting)
(at the time
planting)
One-half
the Max.
Proposed
Building
Height
Minimum
4-ft
High
25
Feet
O.C.
One-half
the Max.
Proposed
Building
Height
See
Footnote
(3)
N/A
One-half
the Max.
Proposed
Building
Height
(5)
N/A
MINIMUM
S EPARATION OF
PLANTINGS
Trees
Orna- Shrubs
mentals
N/A
8
Feet
O.C.
25
Feet
O.C.
N/A
5
Feet
O.C.
25
Feet
O.C.
15
Feet
O.C.
N/A
Footnotes to Figure 45.11:
(1) The size of trees (deciduous, evergreen, ornamentals) shall not be less than twelve feet (12') high, nor have a caliper
less than two and a half inches (2.5") at the time of planting.
(2) The side slopes of any earthen berm shall not exceed twenty-five percent (25%).
(3) The required size of a shrub is dependent upon the height of the berm: the combination of the berm height and the
shrub height must be equal to or greater than six feet (6') high at the time of planting.
(4) The wall is required to run the entire length of the required Side and Rear Landscape Strip; however, staggering and
bending the wall is permitted and encouraged.
(5) An ornamental shall have a minimum caliper of two and a half inches (2.5") at the time of planting.
4581
BEDFORD CODE
b . Location
Required Side and Rear Landscape Strips shall begin at the inner limits
of the Front Landscape Strip and run parallel to side and rear property
lines. The required minimum width of these Side and Rear Landscape
Strips shall be a distance equal to one-half (1/2) the maximum proposed
building height. [See Figures 45.8: Designated Landscape Areas, 45.9:
Minimum Landscape Requirements, and 45.10: Minimum Landscape
Heights.] However, in no case shall the required width of any Side or
Rear Landscape Strip be less than ten feet (10'). [Amended: 3/11/97.]
c.
Plantings
Required Side and Rear Landscape Strips shall be constructed so as to
provide a dense visual four season screen by using one or a combination
of any of the Landscape Options provided in the following Table of Side
and Rear Landscape Options [See Figure 45.11: Table of Side and Rear
Landscape Area Options. See also 45.12: Side and Rear Landscape
Options.]
d . Incentive Bonuses
Healthy woodland provides for a dense landscape screen more
effectively than new plants. Healthy existing woodland may be retained
in order to fulfill planting requirements within Side and Rear Landscape
Strips. The minimum width of woodland retained for the purpose of
fulfilling Side and Rear Landscape Strip requirements shall be equal to
the maximum proposed building height; however, in no case shall the
required width of retained woodland be less than thirty feet (30').
[Amended: 3/11/97.]
(5)
Exterior Pavement Landscape Strip
a.
Intent
The Exterior Pavement Landscape Strip is intended to create visual
screening of automobile parking areas, create summer shade along paved
surfaces and reduce wind velocity across open lot areas.
b . Location 5
The Exterior Pavement Landscape Strip shall be a fifteen foot (15') wide
strip running parallel to all parking and on-site driveway pavement
edges. In the case of frontage along public right-of-ways, the Exterior
Pavement Landscape Strip shall be located between the required Front
Landscape Strip or a Side or Rear Landscape Strip and the proposed
pavement edge.
5
Where an Exterior Pavement Landscape Strip would immediately abut a Side or Rear Landscape Strip (not facing a right-of-way),
that section of Exterior Pavement Landscape strip may be waived.
4582
ZONING ORDINANCE
Side and Rear Landscape Options
4583
BEDFORD CODE
Figure 45.13 Table of Exterior Pavement Landscape Options
LANDSCAPE
O PTIONS
VEGETATED
SCREEN
T REES
WITH AN
AVERAGE
3-FOOT HIGH
BERM (1)
T REES
WITH A
4-FOOT
HIGH WALL
(2)
NO. OF TREES
NO. OF S HRUBS
REQUIRED
REQUIRED
MINIMUM
REQUIRED
REQUIRED
SIZE OF
SIZE OF
S EPARATION OF
TREES
S HRUBS
PLANTINGS
(measured along
(measu red along
the exterior
the exterior
(at the time
(at the time
pavement edge)
pavement edge
planting)
planting)
1 Tree + 1 Additional
Trees per Every 50 ft
1 Shrub + 1 Additional
Shrub per Every 15 ft
Trees
Minimum
Minimum
Caliper of
3-ft
2.5 inches or Height with
40% Shall Be Deciduous 40% Shall Be Deciduous a Minimum a Minimum
60% Shall Be Evergreen 60% Shall Be Evergreen 12-ft Height 4-ft Spread
1 Tree + 1 Additional
Trees per Every 50 ft
N/A
Minimum
Caliper of
2.5 inches or
a Minimum
12-ft Height
N/A
Minimum
Caliper of
2.5 inches or
a Minimum
12-ft Height
Deciduous and/or
Evergreen
1 Tree + 1 Additional
Trees per Every 50 ft
Deciduous and/or
Evergreen
OR
1 Ornamental +1
Additional Ornamental
per Every 25 ft
SHRUBS
(3)
N/A
1 Shrub + 1 Additional
Shrub per Every 15 ft
40% Shall Be Deciduous
60% Shall Be Evergreen
N/A
Orna- Shrubs
mentals
25
Feet
O.C.
N/A
5
Feet
O.C.
N/A
25
Feet
O.C.
N/A
N/A
N/A
25
Feet
O.C.
15
Feet
O.C.
N/A
N/A
N/A
Minimum
4-foot
Height with
a Minimum
3-ft Spread
15
Feet
O.C.
Figure 45.13 amended by removing Ornamental Trees as a stand-alone landscape option. [Deleted: 03/08/05]
Footnotes to Figure 45.13:
(1) The side slopes of any earthen berm shall not exceed twenty-five percent (25%).
(2) The wall is required to run the entire length of the Exterior Landscape Strip. However, staggering and bending the
wall is permitted and encouraged.
(3) This option is only available for the portion of the Exterior Landscape Strip which falls between the pavement area
and the road. [Amended: 03/08/05].
4584
ZONING ORDINANCE
Interconnected Parking Lots; Parking Lot with Multiple Parking Aisles
c.
Plantings
The exterior pavement landscape area shall be constructed in accordance
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BEDFORD CODE
with one (1) of the landscape options outlined within the following Table
of Exterior Landscape Area Options Bordering Parking Lots. [See
Figure 45.13: Table of Exterior Landscape Area Options Bordering
Parking Lots.]
d . Incentive Bonuses
If any portion of a parking area or driveway is immediately adjacent to a
required Side or Rear Landscape Strip, the provisions of this Section
shall not apply to that area. [See Figure 45.14: Interconnected Parking
Lots.] A preserved strip (minimum six feet (6') wide) of healthy, dense,
native vegetation, located within a required Exterior Parking Landscape
Strip, may be substituted for the planting requirements in this Section.
(6)
Interior Pavement Landscape Strips
a.
Intent
The intent of the Interior Pavement Landscape Strips is to break up large
expanses of pavement, provide summer shade on pavement areas and
reduce wind velocity across exposed surface areas.
b.
Location
The required Interior Pavement Landscape Strips shall be calculated as a
minimum of five percent (5%) of the total area of paved drives, parking
areas, etc. Interior Landscape Strips shall be required for all parking lots
with more than twenty (20) parking spaces;
The required minimum Interior Landscape Strips must be provided
within the limits of parking and/or drive pavements. The minimum
landscaped island size usable for satisfaction of these requirements shall
not be less than two hundred fifty square feet (250 s.f.) in total area.
Parking lots which have multiple parking aisles, which are
approximately parallel, shall be required to have planting strips not less
than fifteen feet (15') wide, spaced not further than one hundred eighty
feet (180') apart. [See Figure 45.15: Parking Lots With Multiple Parking
Aisles.]
c.
Plantings
Islands and planting strips shall be planted with indigenous shade trees,
evergreen shrubs, and deciduous shrubs. The required number of shade
trees shall be calculated as one (1) deciduous tree (minimum 2 1/2 inch
caliper) per four hundred square feet (400 s.f.) of required Interior
Landscape Area. The number of shrubs shall be equal to one (1) shrub
(minimum three foot (3') high) per one hundred thirty square feet (130')
of required Interior Landscape Strips. Required shrubs shall be forty
percent (40%) deciduous and sixty percent (60%) evergreen species.
d.
Incentive Bonuses
Each healthy native tree with a minimum caliper of four inches (4") or
4586
ZONING ORDINANCE
greater, which is preserved within Interior Pavement Landscape Strips,
may be substituted for three (3) new required tree plantings.
(7)
Signage Landscape Strip
a.
Intent
The intent of the Signage Landscape Strip is to reestablish ground cover
where disturbed by sign installation and to screen the foundation of
monument or pedestal signs without blocking the view of signage
information.
b.
Location
The Signage Landscape Strip shall be a minimum four foot (4') wide area
surrounding each monument or pedestal sign base.
c.
Plantings
All monument or pedestal sign bases shall be planted with shrubs or
groundcover with a minimum height and width of 18 inches at the time
of planting.
d.
Incentive Bonuses
Healthy vegetation which is preserved in the location of the Signage
Landscape Area, may be substituted for the required plantings.
(8)
Screening of Unsightly Features
a.
Intent
This Section is intended to preserve the visual aesthetics of the Route 3
Performance District by blocking or minimizing the view of refuse,
materials storage, loading/receiving docks, and utility installations.
b.
Location
Refuse storage areas, stockpiled materials for packaging and
commercial/industrial by-products, and other materials stockpile areas
shall be located so as to be out of view from any abutting property and/or
public right of way. In cases where this is not possible, these items shall
be properly located within a secured area which has been effectively
screened. As a minimum, all such areas shall be contained within a
stockade, chain link, or similar enclosure which is at least as tall as the
object(s) to be screened. Further, the perimeter of any such enclosure
shall be subject to the Landscape Screening Requirements outlined
herein.
Loading docks and receiving areas, as well as large above ground utility
fixtures (large above ground utility fixtures are defined as any public or
private utility component which has a total footprint area of greater than
fifty square feet (50 s.f.), or has an average height of more than four feet
(4'), shall be located so as to be out of view from abutting properties
and/or public rights-of-way. In cases where this is not possible, these
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BEDFORD CODE
facilities shall be effectively screened in accordance with the minimum
Landscape Screening Requirements outlined herein.
c.
Plantings
Minimum Landscape Screening Requirements for use in satisfying each
of the above criteria shall include the planting of one (1) evergreen tree
or shrub per ten linear feet (10 l.f.) of required screen length or
perimeter. The height of required trees or shrubs shall be equal to onehalf (1/2) of the maximum height of the item requiring the screen at the
time of planting. Required plantings shall be placed at regular spacings
so as to maximize the overall density of the landscape screen.
d.
Incentive Bonuses
An enclosure either attached, or detached from a principal structure,
constructed of rigid architectural materials, which are visually
compatible with those of the principal structure, may be used to satisfy
the requirements of this section and may be substituted for the
requirements outlined above.
§ 45-9-9
M INIMUM S TANDARDS FOR O FF-STREET PARKIN G AREAS
(a)
(b)
[Amended: 3/8/94]
Intent
(1)
In order to provide for safe and adequate parking facilities which do not
detract from the overall aesthetic quality of development within this District,
minimum standards for off-street parking areas have been developed.
(2)
The goals and objectives related to the development of these standards are:
a.
To insure that suitable off-street parking areas are provided for all future
sites within this District;
b.
To promote the concept of interconnecting parking between adjacent
businesses as a means easing demands placed on public streets and
intersections, where and when feasible;
c.
To promote the development of interior green space within parking lots
as a means of mitigating summer heat and as a location for winter snow
disposal;
d.
To provide trees for summer shade and as means for diminishing
excessive wind velocity; and
e.
To create off-street parking areas which do not detract from the overall
quality of development within this District.
General Performance Standards For Off-street Parking
(1)
All General and Specific Provisions of Article 10: Off-street Parking Requirements of this
Zoning Ordinance shall apply to this District unless otherwise noted within this Section
or modified by approval of the Planning Board;
(2)
The display of automobiles or other objects which may be for sale, nor the
storage of raw or processed materials shall be permitted within any required
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ZONING ORDINANCE
off-street parking spaces or their interconnecting drives and/or aisles;
(3)
(c)
Adequate space within, or immediately adjacent to, off-street parking lots
shall be provided for the storage of winter snow. Winter snow shall not be
placed within required off-street parking stalls, or their aisles and/or
interconnecting drives. All designated snow storage area(s) shall be located
and devised such that anticipated snow volumes will not pose a threat to
vehicular and/or pedestrian circulation. Further, snow storage areas shall have
adequate provisions made so as to avoid icing or flooding of traveled areas
during periods of snow melt;
Incentive Bonus Standards
An Incentive Bonus Standard is provided which omits landscape requirements
associated with Side & Rear Landscape Strips between those portions of adjacent
sites where shared access and interconnected parking occurs. [See Figure 45.14:
Interconnected Parking Lots.]
§ 45-9-10
PERFORMANCE S TANDARDS FOR SCREENING R EFUSE, M ATERIAL
STORAGE, LOADING/R ECEIVING AREAS , AND UTILITY INSTALLATIONS
(a)
(b)
General Provisions
(1)
Often, careful site planning can minimize or even eliminate adverse visual
effects associated with necessary site elements such as: refuse containers,
material storage areas, loading docks/receiving areas, and large above ground
utility fixtures.
(2)
Unfortunately, in many cases, unavoidable circumstances make it impossible
to effectively hide unsightly site elements from public view.
(3)
For this reason, the following minimum performance standards apply to this
District.
Storage Areas
(1)
(2)
(c)
Refuse
storage
areas,
stockpiled
material
packaging
and
commercial/industrial by-products, material storage areas, and stockpiles
shall be located so as to be out of view from any abutting property and/or
public right of way.
a.
In cases where this is not possible, these items shall be properly located
within a secured area which has been effectively screened.
b.
As a minimum, all such areas within view of adjoining properties or
public streets shall be contained within a stockade, chain link, or similar
enclosure which is at least as tall as the object(s) to be screened.
Further, the perimeter of any such enclosure shall be subject to the landscape
screening requirements outlined herein.
Loading Docks/Receiving Areas and Above Ground Utility Fixtures
(1)
Loading docks and receiving areas, as well as large above ground utility
fixtures, shall be located so as to be out of view from abutting properties
and/or public right of ways.
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BEDFORD CODE
(d)
(2)
In cases where this is not possible, these facilities shall be effectively
screened in accordance with the minimum landscape screening requirements
outlined herein.
(3)
Large above ground utility fixtures are defined as any public or private utility
component which has a total footprint area of greater than fifty square feet
(50 s.f.) or has an average height of more than four feet (4').
Minimum Landscape Screening Requirements
Minimum landscape screening requirements for use in satisfying each of the above
criteria include:
(e)
(1)
The planting of one (1) evergreen tree or shrub, plus one (1) additional
evergreen tree or shrub per ten linear (10 l.f.) feet of required screen length or
perimeter;
(2)
The height of required trees or shrubs shall be equal to one-half (1/2) of the
maximum height of the item requiring the screen at the time of planting; and
(3)
Required plantings shall be placed at regular spacings so as to maximize the
overall density of the landscape screen.
Enclosures
An enclosure, either attached or detached from a principal structure, constructed of
rigid architectural materials which are visually compatible with those of the
principal structure, may be used to satisfy the requirements of this Section and may
be substituted for the requirements outlined above.
§ 45-9-11
M INIMUM LANDSCAPE R EQUIREMENTS FOR S IGNAGE
The required landscape area associated with any freestanding sign shall be equal to three
(3) times the actual measured sign area and shall be located immediately adjacent to the
sign and/or sign base. This required landscaped area shall be planted with shrubs and/or
ground cover which will enhance, but not block the view of any sign or part thereof.
§ 45-9-12
G ENERAL LANDSCAPE R EQUIREMENTS
(a)
Plantings
All plantings required by this Article shall be installed according to accepted
horticultural standards and shall be regularly maintained. Required plantings shall
be replaced as necessary in order to maintain compliance with these zoning
requirements.
(b)
Dimensions and Terms
Tree and shrub dimensions and terms used within this Article are referenced to
American Standards for Nursery Stock, as published by the American Association
of Nurserymen.
(c)
Incentive Bonus Standards
Several Incentive Bonus Standards related to this Article allow for the substitution
of retained vegetation for required plantings;
4590
ZONING ORDINANCE
(1)
Verification of plantings
In situations where these various incentives are exercised, officials of the
Town of Bedford or their representatives shall have the ability to verify the
effectiveness, health, size, and number of retained plantings at the completion
of construction.
(2)
Correction of Deficiencies
Any deficiencies found with regard to these items shall be corrected and may
require the installation of additional plantings prior to the issuance of a
certificate of occupancy for the property.
(d)
Reclamation of Disturbed Areas
All areas disturbed by construction shall be covered with a minimum thickness of
four inches (4") of suitable topsoil and be subsequently planted with grass seed,
sod, or other vegetative ground cover.
(e)
Waiver of Landscape Requirements When Necessary For Public Safety
None of the landscape requirements contained within this Article shall be construed
so as to require installation, where proper site distance at drives or along public
streets may be inhibited by such improvements. The Planning Board may omit any
landscape requirements of this Article when deemed to be necessary, for reasons of
public safety.
§ 45-9-13
SIGN STANDARDS
(a)
Definitions
ADDRESS SIGN–The street address shall be included as part of a
directory/monument sign.
ANIMATED or MOVING SIGN–Any sign that has moving or rotating
components, flashing lights, or special materials to illustrate action or create a
special effect or scene.
CANOPY EAVELINE, EAVELINE–The bottom of the roof eave or the canopy eave.
An eave as defined herein does not include the parapet of a flat roof building. [See
Figures 45.16 and 45.17.]
Canopy Eaveline, Eaveline
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BEDFORD CODE
Center Identification Sign (Freestanding)
4592
ZONING ORDINANCE
CENTER IDENTIFICATION SIGN–A freestanding sign that is either a
monument or directory type. [See Figure 45.18: Center Identification Sign.]
DIRECTORY SIGN–A separate structure supported from the sides. A sign for
identification of the business or center as a whole and for listing the major tenants
and their building numbers/address numbers. [See Figure 45.18: Center
Identification Sign.]
DOUBLE-FACED SIGN–A single freestanding structure designed with the intent
of providing advertising on both sides.
HEIGHT of SIGN–The greatest vertical distance measured from the finished
ground below the middle of the sign to the highest element of the sign.
IDENTIFICATION SIGN–A sign that illustrates the name, name and logo, type
of business, or identifies a particular establishment.
ILLUMINATED SIGN–A sign lit with either an internal or external artificial light
source.
MONUMENT SIGN–A separate structure supported from grade to the bottom of
the sign with a base or wall that is larger than the sign.
A sign for identification of the business or center as a whole and for listing the
major tenants and their building numbers/address numbers. [See Figure 45.18:
Center Identification Sign.]
NONCONFORMING SIGN–A legally established sign which fails to conform to
the regulations as presented or referenced herein.
SIGN–Any object, devise, display, structure, or part thereof, situated outdoors or
indoors, which is used to advertise, identify, display, direct, or attract attention to
an object, person, institution, organization, business, product, service, event, or
location by any means including words, letters, figures, design, symbols, fixtures,
colors, illumination, or projected images.
SIGN AREA–The entire face, including the surface and any molding, framing, and
projections, but not including the base, wall, or column supports. Individual letters
and logos mounted on a building shall be measured by the area enclosed by four (4)
straight lines outlining each word and logo.
WALL SIGN–A sign fastened or painted onto a wall.
(b)
General Provisions
(1)
The adopted Bedford Zoning Ordinance, revised March 9, 1993, Sections 4511-1(a) through (n): Signs–General Provisions, and Section 45-11-3(c):
Political Signs shall apply to the U.S. Route 3 Corridor Performance Zoning
District. [See Figure 45.19: Table of Performance Sign Standards.]
(2)
A sign pertaining to the lease or sale of a lot or building on which it is placed
shall be allowed as long as such sign does not exceed eighteen square feet
(18 s.f.).
(3)
Direct and Indirect Lighting
a.
Direct and indirect lighting methods are allowed provided that they are
4593
BEDFORD CODE
not unnecessarily bright.
(4)
b.
Internally lit panels shall be opaque and only the lettering shall appear to
be lighted.
c.
Externally lit signs are encouraged.
Prohibited Signs
Animated, moving, flashing, and noise making signs are not permitted.
(5)
Lettering on a Sign
The letter area, as it relates to the overall sign background area, shall be in
proportion. In general, letters shall not appear to occupy more than seventyfive percent (75%) of the sign panel area.
(c)
Identification Sign (Building)
(1)
Signs on a building wall or eaveline shall be compatible with the
predominant visual elements of the building.
(2)
Where there is more than one (1) sign, all signs shall be complementary to
each other as follows:
a.
Letter size and style of text;
b.
Sign support method;
c.
Sign area configuration;
d.
Sign shape and proportion; and
e.
Construction materials (text and background surfaces)
(3)
The use of backlit, individually cut, letter signs are encouraged.
(4)
Wall and eaveline sign locations. [See Figures 45.20 and 45.21.]
Eaveline Sign
(d)
Center Identification Sign (Freestanding) [See Figure 45.18.]
(1)
Freestanding signs shall include:
a.
The identification of the business or center as a
whole; and
b.
Major tenant and street address range included
within the center.
c.
A freestanding sign shall be either a monument
or directory type sign.
Wall Sign
4594
ZONING ORDINANCE
Figure 45.19 Table of Performance Zone Sign Standards
Type
IDENTIFICATION Wall
S IGN (Building) Canopy
Eaveline
Maximum
Maximum
Number
Sign Area
In a building where the entire first
floor is occupied by a single tenant,
that tenant shall be permitted to have
a building sign for each road
frontage or parking lot frontage on
which the building is situated, not to
exceed thirty-two square feet (32
s.f.) per sign. A maximum of two (2)
signs (also see footnotes 2 and 3).
In buildings where the first floor is
occupied by two tenants, each tenant
will be permitted to have one
building sign, not to exceed thirtytwo square feet (32 s.f.) per sign
(also see footnotes 2 and 3).
C ENTER IDENTI - Monument
FICATION S IGN or Directory
(Freestanding)
Maximum
Sign Height
Shall not project
above eaveline
or canopy
eaveline
Location
Height
Remarks
Address numbers
shall be located
on main entry
doorway
Shall not project Numbers shall
above first floor not exceed six
line or twelve
inch (6") height
feet (12')
whichever is less
single face
In a building with more than two
tenants, each first floor tenant with a
separate public exterior entrance
shall be permitted to have one
building sign, not to exceed sixteen
square feet (16 s.f.) (also see
footnotes 2 and 3).
One double faced Maximum sign
Ten feet (10')
sign per lot
area for one (1) or above grade
two (2) tenants,
thirty-two square
feet (32 s.f.) per
sign face
Shall not be
Display address
located so as to number/range
be a hazard for
driveway access See Landscape
Section for sign
base landscape
requirements
Maximum sign
area for more than
two (2) tenants,
fifty square feet
(50 s.f.) per sign
face
Any wall sign or free-standing sign located one hundred fifty feet (150') or more from the edge of any street right-of-way providing frontage to a lot may
increase the sign area by utilizing a formula of: Distance in feet/4.25 = allowable area of sign. 2
1
[Amended: 3/12/96.]
[Added: 3/9/99.]
3
[Amended: 3/11/03.]
2
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BEDFORD CODE
(2)
A minimum of ten percent (10%) of the sign area shall be devoted to the
identification of the building or center by name.
(3)
Freestanding monument signs or directory signs shall be placed perpendicular
to approaching vehicular traffic. [See Figure 45.22 below.]
Placement of Signs Relative to Vehicular Traffic
§ 45-9-14
M INIMUM LIGHTING S TANDARDS
(a)
General Provisions
In order to facilitate vehicular and pedestrian safety, promote property security, and
enhance the overall use of properties within this District, exterior site lighting shall
be required for all permitted uses subject to site plan review.
(b)
Illumination Levels for Exterior Site Lighting
Exterior lighting levels shall follow the recommended illumination levels found in
the Illumination Engineering Society Lighting Handbook, most current edition.
(c)
Design of External Light Fixtures
(1)
In order to minimize glare and other adverse effects associated with exterior
lighting, all exterior lighting fixtures shall be of a design that provides for
luminaire cutoffs with a total cutoff at an angle of seventy-five degrees (75°)
from the vertical.
(2)
Further, all fixtures shall be positioned and/or installed in such a fashion as to
prevent unwanted incidental illumination of abutting properties and streets.
[See Figure 45.23: Design of External Lighting Fixtures.]
4596
ZONING ORDINANCE
Design of External Lighting Fixtures
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BEDFORD CODE
§ 45-9-15
ENVIRONMENTAL PERFORMANCE STANDARDS
(a)
(b)
General Provisions
(1)
Environmental performance standards specific to the U.S. Route 3 Corridor
Performance District, enumerated herein, have been developed in order to
protect the long term environmental quality and overall vitality of this
District.
(2)
The variety of permitted uses, taken together with often intensive land use
patterns and an inventory of environmental resources specific to this District,
necessitates this series of environmental performance standards.
(3)
In addition to the provisions of this Article, development within this District
shall also be subject to applicable local, state, and federal land use controls
and regulations. The content of this Ordinance shall not be construed to imply
relief from the requirements of state or federal statutes.
Performance Standards Related to Noise
(1)
Intent
These Performance Standards governing noise are intended to insure that the
rights of property owners, as well as the overall health and general welfare of
the District, are not diminished by unreasonable noise levels generated within
the District.
(2)
Maximum Permissible Sound Level
The maximum permissible sound level produced by any continuous, regular,
or frequent source of sound or noise, produced by any permitted use or
activity within this District, shall not exceed a measurable level of seventyfive decibels (75 dB) beyond the property boundaries of the site upon which
the sound or noise is generated or originates.
(3)
Sound or Noise Abatement
In order to comply with these maximum sound level requirements, sound or
noise level abatement techniques may be used to mitigate levels of site
generated sound or noise. To this end, modern acoustical technology may be
applied to achieve compliance with these regulations.
(4)
Measurements of Sound or Noise
In cases where sound measurements are required in order to insure
compliance with these regulations, measurements shall be taken:
a.
With a device meeting the standards of the American Standards Institute,
American Standard Specifications for General Purpose Sound Level
Meters;
b.
At a height of four feet (4') above prevailing grade at the property
boundary in question;
c.
With the instrument set to the A-weighted response scale; and
d.
Recorded by an individual familiar with sound measurement and the
4598
ZONING ORDINANCE
particular devise being used.
(5)
(c)
Exemptions
a.
Activities related to public and private construction or maintenance
work, agriculture, timber harvesting, emergency warning devices, and
other similar short term or temporary uses may be administratively
exempted from the requirements of this Section if, in the opinion of the
Zoning Administrator or his/her agent, sufficient reason exists to do so.
b.
In these special circumstances, the Zoning Administrator may place
reasonable conditions (such as time limitations and hours of operation)
on such an exemption.
Performance Standards Related to the Protection of Wetlands
All provisions of Article 45-5: Wetlands Conservation Ordinance of this Ordinance
shall apply to all areas within the U.S. Route 3 Corridor Performance Zoning
District.
(d)
Performance Standards Related to the Development of Steep Slope Areas
(1)
Definition of Steep Slope Areas
For the purposes of this Section, steep slope areas shall be defined as
naturally existing, continuous areas of land, with a contiguous area of onehalf (1/2) acre or more, which have an average cross slope gradient steeper
than twenty-five percent (25%).
(2)
Restrictions in Steep Slope Areas
In order to guard against hazards implicit in the development of steep slope
areas, construction within these areas shall be limited to those activities
which are incidental to the use and/or development of land outside of a steep
slope area and shall be subject to the following restrictions:
(e)
a.
No portion of a steep slope area shall be used for the construction of
leaching beds or trenches which are part of a subsurface sewage disposal
system;
b.
No permanent structures shall be erected on a steep slope area;
c.
Not more than fifty percent (50%) of a steep slope area shall be cleared
of healthy existing vegetation;
d.
Portions of a steep slope area effected by construction activities shall be
given special attention with regard to erosion control; and
e.
No portion of a steep slope area shall be subject to discharge from a
storm water management system.
Performance Standards Related to Nuisance Odors
Uses and activities which produce continuous, regular, or frequent odors and/or
emissions, detectable beyond the boundary of the property from which the odor
originates, may be prohibited, in whole or in part, if the odor or emission in
question is a known health risk or danger or if the Zoning Administrator judges
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BEDFORD CODE
such odor or emission to be harmful to the rights of others to enjoy their
property(s).
(f)
Merrimack River Shoreland Protection Performance Standards
(1)
Purpose
a.
Pursuant to NH RSA 483-B and the 1990 Bedford Master Plan, this
Section establishes standards for the subdivision, use, and development
of shorelands within two hundred and fifty feet (250') of public waters,
herein identified as the Merrimack River, for the purpose of minimizing
degradation of shorelands and assuring retention of the benefits provided
by such shorelands.
b . These benefits include:
(2)
1.
Prevention and/or mitigation of water pollution;
2.
Protection of important fish, bird, and wildlife habitat;
3.
Reduction or elimination of flooding and accelerated erosion;
4.
Protection of wetlands;
5.
Maintenance of water quantity and related stream flows;
6.
Protection of shoreland cover as a means of maintaining water
quality; and
7.
The conservation of natural scenic and recreational assets of the
Town of Bedford and the State of New Hampshire.
Definitions
BASAL AREA–The cross sectional area of a tree measured at a height of
four and a half feet (4 1/2') above the ground, usually expressed in square feet
per acre for a stand of trees.
DISTURBED AREA–An area in which natural vegetation is removed,
exposing the underlying soil.
GROUND COVER–Any herbaceous plant which normally grows to a
mature height of four feet (4') or less.
NATURAL WOODLAND BUFFER–A forested area consisting of various
species of trees, saplings, shrubs, and ground covers in any combination and
at any stage of growth.
ORDINARY HIGH WATER MARK–The line on the shore, running
parallel to the main stem of the river, established by the fluctuations of water
and indicated by physical characteristics such as a clear impression on the
immediate bank, shelving, soil characteristics, vegetation markings, and the
presence of water-deposited debris.
Where the ordinary high water mark is not easily discernible, the mark shall
be determined by a soil scientist certified by the State of New Hampshire.
PRINCIPAL BUILDING SETBACK–A minimum area of fifty feet (50')
measured in a line parallel with the public boundary line (ordinary high water
4600
ZONING ORDINANCE
mark of the Merrimack River) from which any principal building on a lot
must be set back.
PROTECTED SHORELAND–All land located within two hundred and
fifty feet (250') of the public boundary line (ordinary high water mark) of the
Merrimack River.
PUBLIC WATERS–The Merrimack River, which is a fourth order all-yearround flowing water.
PUBLIC BOUNDARY LINE–The ordinary high water mark of the
Merrimack River.
SAPLING–Any woody plant which normally grows to a mature height
greater than twenty feet (20') and has a diameter less than six inches (6") at a
point four and a half feet (4 1/2') above the ground.
SHORELAND FRONTAGE–The average of the distances measured along
the public boundary and along a straight line drawn between the points at
which the public boundary intersects the side lines of the property.
SHRUB–Any multi-stemmed, woody plant which normally grows to a
mature height of less than twenty feet (20').
TREE–Any woody plant which normally grows to a mature height greater
than twenty feet (20') and which has a diameter of six inches (6") or more at a
point four and a half feet (4 1/2') above the ground.
WATER DEPENDENT STRUCTURE–A dock, wharf, pier, breakwater,
swimming float, boat ramp, or other similar structure or part thereof.
(3)
Permitted Uses
a.
Subdivision, vegetation or soil disturbance, use, and development of land
within the protected shoreland area, i.e., two hundred and fifty feet (250')
of the ordinary high water mark of the Merrimack River, shall be
permitted according to Section 45-9-15(6).
b.
Permitted uses of this Article and are subject to the following conditions:
1.
All new lots subdivided and new habitable structures built within the
two hundred and fifty feet (250') shoreland protection boundary
shall be served by municipal water and municipal sewer.
2.
All disturbed areas, construction, and/or development activities shall
incorporate design standards for erosion and sedimentation control
which, at a minimum, shall follow the recommendations of the
publication Stormwater Management and Erosion and Sediment
Control Handbook for Urban and Developing Areas in New
Hampshire, August 1992, prepared by the Rockingham County
Conservation District for the New Hampshire Department of
Environmental Services.
3.
Activities within the two hundred and fifty foot (250') protected
shoreland area shall adhere to the following:
4601
BEDFORD CODE
All proposed disturbance, construction, and/or development
activities within the two hundred and fifty foot (250') protected
shoreland area (exempting agricultural activities utilizing best
management practices in conformance with the NH Department of
Agriculture and development/maintenance of the NH Heritage
Trail), shall first receive approval from the Bedford Planning Board
in accordance with the Bedford Non-Residential Site Plan
Regulations.
Applications to the Bedford Planning Board shall include a site plan,
pre- and post-development drainage calculations, a grading plan, a
stormwater management and erosion/sedimentation plan, and a
landscape plan, prepared by a professional engineer certified by the
State of New Hampshire.
(4)
Restricted Uses
The following uses shall require a review or permit from the New Hampshire
Department of Environmental Services, the New Hampshire Wetlands Board,
the U.S. Army Corps of Engineers, and/or the U.S. Environmental Protection
Agency, in addition to site plan approval from the Bedford Planning Board:
(5)
a.
Water dependent structures;
b.
Public water supply facilities;
c.
Public water and sewage treatment facilities;
d.
Public utility lines and structures; and
e.
Hydroelectric facilities including dams, dikes, and powerhouses.
Prohibited Uses
Prohibited uses shall include the following:
(6)
a.
Salt storage sheds;
b.
Automobile junk yards;
c.
Solid or hazardous waste facilities;
d.
Use of any fertilizers (exempting fertilizers used as part of agricultural
operations in conformance with best management practices of the NH
Department of Agriculture) other than lime and/or wood ash; and
e.
The dumping of snow and ice collected from roadways or parking areas
outside the Route 3 Corridor Performance Zoning District.
Natural Woodlands Buffer
a.
Where existing, a natural woodland buffer shall be maintained within
two hundred and fifty feet (250') of the public boundary line, i.e., the
ordinary high water mark of the Merrimack River, excluding existing
and ongoing agricultural activities and development/maintenance
activities related to the New Hampshire Heritage Trail.
b.
Within the natural woodland buffer, the following shall apply:
4602
ZONING ORDINANCE
(7)
1.
Not more than a maximum of fifty percent (50%) of the basal area
of trees, a maximum of fifty percent (50%) of the total number of
saplings, and a maximum of fifty percent (50%) of the total area of
ground cover shall be removed for any purpose within a twenty (20)
year period.
2.
Replacement planting with native or naturalized species may be
permitted to maintain the fifty percent (50%) level, subject to
Bedford Planning Board approval.
3.
Vegetation which is removed to clear an opening for building
construction, sewer, water, other utility line extension, or the New
Hampshire Heritage Trail shall be excluded when computing the
percentage limitations.
4.
Stumps and their root systems which are located within fifty feet
(50') of the public boundary line shall be left intact, in the ground.
Setbacks
No principal or accessory structure, excluding water dependent structures,
shall be located within fifty feet (50') of the public boundary line, i.e., the
ordinary high water mark of the Merrimack River.
(8)
Relationship Between State and Local Requirements
See Section 45-1-5 of the Town of Bedford Zoning Ordinance.
(9)
Administration and Enforcement
See Article 45-13 of the Town of Bedford Zoning Ordinance. All
development activities within the two hundred and fifty-foot (250') protected
shoreland
area
(exc lusive
of
agricultural
activities
and
development/maintenance of the New Hampshire Heritage Trail), shall be
required to submit an “as-built” building and site plan prepared by a
professional engineer certified by the State of New Hampshire prior to
issuance of a certificate of occupancy by the Bedford Building Inspector.
§ 45-9-16
STANDARDS FOR ADULT ENTERTAINMENT B USINESSES
(a)
Purpose
It is the purpose of this Section to establish reasonable and uniform regulations to
prevent the concentration of sexually oriented businesses within the Town of
Bedford.
(b)
Intent
(1)
It is the intent to promote the health, safety, and general welfare of the
citizens of the Town of Bedford; and, it is the intent of this section that the
regulations be utilized to prevent problems of blight and deterioration which
accompany and are brought about by the concentration of sexually oriented
businesses; and, the provisions of this Section have neither the purpose nor
the effect of imposing limitation or restriction on the content of any
communicative materials, including sexually oriented materials;
4603
BEDFORD CODE
(2)
(c)
It is not the intent nor the effect of this Section to restrict or deny access by
adults to sexually oriented materials protected by the First Amendment, or to
deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market; and, neither is it the intent nor the
effect of this Section to condone or legitimize the distribution of obscene
material.
Allowed Locations and Location Restrictions of Adult Entertainment
Businesses
(1)
Allowed Locations
Adult entertainment businesses, defined in Section 45-9-5, are permitted only
in the PZ district, provided that all other regulations, requirements, and
restrictions for the zone in which the adult entertainment business is to be
located are met; and no entertainment business shall be permitted within one
thousand feet (1000') of another existing adult entertainment business or one
for which a building permit has been applied for; and
(2)
(d)
Location Restrictions
a.
No adult entertainment business shall be permitted within one thousand
feet (1000') of any other zoning boundary except when the boundary is
bordered by a four-lane highway;
b.
No adult entertainment business shall be permitted within one thousand
feet (1000') of any church, place of worship, parish house, convent,
public, parochial, or private school, kindergarten, State approved Day
Care Center or public sports/ recreation parks; and no adult
entertainment business shall be permitted within one thousand feet
(1000') of the Town boundaries;
c.
No adult entertainment business shall be permitted within five hundred
feet (500') of an existing residence; and
d.
No adult entertainment business shall be permitted within one thousand
feet (1000') of another existing adult entertainment business on the date
of the passage of this Section and, no adult entertainment business shall
be permitted within a building, premise, structure or other facility that
contains a sexually oriented business as defined in the Definitions
Section 45-9-5 of the Performance Zone.
Measure of Distance
The distance between any adult entertainment business and a church, school,
residence, etc. or another adult entertainment business shall be measured in a
straight line, from property boundary to property boundary, without regard to
intervening structures.
(e)
Additional Reasonable Regulations
The Planning Board is empowered hereunder to review and approve permit
applications for adult entertainment businesses and impose reasonable restrictions
4604
ZONING ORDINANCE
for buffering, outdoor lighting, parking, adequate ingress and egress from the site
off of and onto public roads, pedestrian movement, and to provide for appropriate
landscaping and building aesthetics in the Nonresidential Site Plan Review
Regulations of the Town of Bedford, New Hampshire and to avoid site
development layout which may result in negative environmental impacts.
4605
TOWN OF DEERFIELD
Section 212
Commercial/Industrial Flexible Overlay District
212.1 Purpose: The purpose of the Commercial/Industrial Overlay District is encourage flexibility and
creativity for compatible commercial or industrial development to occur throughout the Town of
Deerfield and to attract environmentally acceptable commercial and industrial uses to the town
that meet a set of standards that maintain Deerfield's rural character. Traditional zoning generally
separates incompatible types of land development thereby protecting low intensity uses from the
harmful or disagreeable impacts of high intensity uses. However, this can produce its own set of
undesirable side effects. Innovative land developments are often denied by traditional zoning,
resulting in a loss of tax revenue to the town. Additionally, often traditional zoning can not
respond to an innovative, desirable development proposal in a timely fashion due to lengthy
rezoning procedures, including ballot votes at town meeting.
The flexible overlay district is a floating district that has written performance and other standards
which insure the proposed developments undesirable impacts are minimized but the location of
the district is not shown on a map, but could be located anywhere in Deerfield, except as
specifically indicated in this ordinance.
212.2 Authority. This ordinance is enacted by the Town of Deerfield pursuant to NH RSA 674:21, I
(h) and (i), innovative land use controls. This innovative land use control ordinance shall provide
for all approvals, including the granting of conditional or special use permits by the Planning
Board. Any decision made by the Planning Board under this innovate land use control ordinance
may be appealed directly to Superior Court in the same manner provided by statute for appeals
from the Planning Board, as set forth in RSA 676:5, III and RSA 677:15. A waiver from
particular requirements set forth in Section 212 may be employed by the Planning Board where
the applicant demonstrates substantial compliance with the standards set forth in this ordinance.
212.3 Process. A proposed development shall generally be done in three phases: A Conceptual
Consultation Phase, Design Review Phase, and Final Plat Phase. Subdivision and Site Plan
review, if applicable, of any proposal under Section 212 shall be done concurrently and all
applicable submittal items are required.
212.4 Criteria and Standards: The criteria that must be addressed are contained in the following
sections. The specific criteria which a development proposal must satisfy are dependent upon the
type of land use being proposed. The Deerfield Commercial/Industrial Overlay District divides
land uses into the following categories:
I.
ABSOLUTE criteria for ALL Proposals
A.
Commercial ACTIVITY
B.
Industrial ACTIVITY
Every single or mixed land use development activity must satisfy the criteria in the “ABSOLUTE
Criteria for ALL Proposals” category (summarized in the “Absolute Criteria for ALL Proposals
Chart” following that section). In addition, each use must satisfy all applicable criteria of the
appropriate ACTIVITY category of which it is a part, which include relative criteria that add to
the flexibility of the Zone (summarized in the point Charts” following each section). The
Planning Board may determine that a criterion is irrelevant and does not apply to the proposed
development.
- 20 -
Types of Criteria: The Deerfield Commercial/Industrial Overlay District contains two types of
review criteria: numbered and lettered criteria. Numbered criteria are absolute requirements each
development must satisfy before approval can be granted. Found both in the: Absolute Criteria
for ALL Proposals” and ACTIVITY sections, these include assuring community character
compatibility and compliance with official plans and policies, minimum public facilities
standards, resource protection, environmental standards and site design. Each of the applicable
number criteria must be answered YES before approval can be granted.
Lettered criteria relative “points” that make the zone flexible and negotiable in character. Each
development must achieve a specified minimum percentage of these criteria. The lettered relative
criteria are located at the end of each ACTIVITY section and focus on location as well as design
of a project.
Evaluation: The performance of a particular development plan shall be evaluated as follows:
Absolute (Numbered) Criteria: Each of the numbered criteria
on the “ALL Proposals” and appropriate “Activity” section
charts is answered YES, NO or NOT APPLICABLE. A NO
answer to any of the applicable numbered criteria will
automatically exclude the development from further
consideration. A criterion is considered to be applicable if it is
reasonably capable of being applied to the development.
Relative (Lettered) Criteria: The development plan is evaluated
against each of the applicable lettered criteria and assigned a
SCORE. A criterion is considered to be applicable if it is
reasonable capable of being applied to the development. Several
criteria are applicable to any development proposal and are prechecked on the relevant chart. The numerical SCORE is assigned
based upon the following:
YES (+1) = for an adequate job of implementing the criterion.
VERY WELL (+2) = for an excellent job on implementing the criterion or for doing the best job
possible, given the constraints and opportunities of the site.
NO (0) = for no effort or failure to implement the criterion.
- 21 -
East letter criterion has been pre-assigned a MULTIPLIER which determines the relative
importance of the criterion to the other criteria. The meaning of each MULTIPLIER is as
follows:
5 – indicates that the criterion is of exceptional importance.
4 – indicates that the criterion is very important.
3 – indicates that the criterion is important.
2 – indicates a criterion of normal importance
1 – indicates a minor criterion.
The points earned for each criterion are the product of multiplying the SCORE times the
MULTIPLIER. The MAXIMUM POINTS POSSIBLE in each chart are added together and the
POINTS EARNED are added together to get TOTALS. By dividing the TOTAL POINTS
EARNED by the TOTAL MAXIMUM POINTS POSSIBLE, the PERCENTAGE EARNED is
determined. The PERCENTAGE EARNED must be at least the minimum percentage specified
for that ACTIVITY category.
212.4.D Criteria:
Absolute Criteria for ALL Proposals and Activity Criteria are listed on the
following pages.
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ABSOLUTE CRITERIA FOR
ALL PROPOSALS
COMPLIANCE WITH EXISTING PLANS AND POLICIES STANDARDS
MUNICIPAL MASTER PLAN: 1. Does the project meet the adopted goals and objectives as set out
in the Deerfield Master Plan: is the area suitable for development, conform to the
planned pattern of growth, and fit into both the natural and man-made
environments?
SUBDIVISION:
2. If the development proposal will require subdivision or re-platting of an existing
parcel, has a preliminary plat in conformance with the Deerfield Subdivision
Regulations been filed along with a subdivision application? Approval of the final
plan and subdivision plat shall be required before filing of the subdivision plat or
issuance of Building Permit.
PRELIMINARY SITE PLAN: 3. If over 20 acres are in common ownership and/or if subdivision has
occurred within 20 years thereby creating multiple lots and phased development,
has a preliminary site plan for the property been approved and filed with the
planning board?
CAPITAL BUDGET: 4. Does the project fit into the current Capital Budget/Capital Improvements
Program expenditure schedule concerning required road improvement, municipal
services and open space acquisition?
COMMUNITY CHARACTER COMPATIBILITY STANDARDS
CONFLICTS
SCENIC ROADS
5. Have the conflicts that are presumed to exist between the proposed development
and the surrounding land uses been effectively mitigated in the proposal?
6. Does the project maintain stonewalls, trees, vegetation and other amenities
consistent with scenic road designation or other roads with potential scenic road
designation?
PUBLIC FACILITIES AND SERVICES STANDARDS
UTILITIES
7. Is the development served by utilities with adequate capacity or have
arrangements been made for extension and augmentation for the following
services, complying with all applicable design standards, specifications and
requirements?
⋅ Water supply
⋅ Electricity
⋅ Fire protection
⋅Streets/pedestrians
⋅ Sanitary sewer
⋅ Storm drainage
⋅Walks/bikeways
⋅ Flood hazard areas
- 23 -
EMERGENCY
ACCESS
8. Does the project provide adequate access for emergency vehicles and
for those persons attempting to render emergency services
LIGHTING
9. Are all vehicular use areas, pedestrian circulation paths and exterior
portions of building provided with adequate lighting for safety and security?
ON-SITE WATER 10. If the project includes a water body, retention pond, or other water channel,
man-made or natural, have necessary precautions been taken to minimize any
hazard to life or property?
FLOOD HAZARD 11. If located in a Flood Hazard Area, does the project conform to the town
floodplain development regulations; see Section 211.
GEOLOGICAL
12. If the project contains known areas of natural or geological hazard (e.g. slopes
over 15%, rockfalls, flood hazard areas) or soil conditions unfavorable to
development (e.g. wetlands and/or poorly and very poorly drained soil(s) have
these areas been set aside from development and/or protected through easement,
deed restrictions, or other protective covenants?
TOPOGRAPHY
13. Does the project preserve significant existing vegetation and landforms to the
extent practical?
FLORA & FAUNA 14. If the site contains an area which serves as a habitat for wildlife and/or plant
species identified by NH Fish and Game/NH Natural Heritage Inventory as
significant and in particular need of attention, have special precautions been
implemented in the plan to prevent the creation of environmental influences
adverse to the preservation of these areas?
HISTORIC AREA 15. If the proposed project is located within an existing village or historic area
and/or includes a locally designated historic structure, does the project maintain
the integrity of these resources to the extent possible?
MINERAL
DEPOSITS
16. If the project includes an area known to contain a commercial mineral
deposit for which extraction could be commercially feasible, has the project been
designed to preclude extraction?
FRAGILE AREAS 17. If the project contains lands that are ecologically sensitive and/or important
(e.g. aquifers, lakeshores, agricultural soils of prime and/or statewide importance,
important forest soils), has development of these areas been avoided and/or has the
land been set aside as permanent open space? Does the proposal allow for the
practice of recreational, farming or forestry activities in those important areas so
suited?
OPEN SPACE
18. If the project contains land noted in the Master Plan as important
conservation/recreation lands, have provisions been made to permanently preserve
that space?
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ENVIRONMENTAL STANDARDS
AIR QUALITY
19. Will the project conform to applicable local, state and federal air quality
standards, including, but not limited to: odor; dust; fumes or gases which are
noxious, toxic or corrosive; suspended solid or liquid particles; or any air
contaminant which may obscure an observer’s vision? No offensive or harmful
odors shall be produced perceptible beyond its lot lines measured wither at ground
level or habitable level. Generation of dust, dirt, fly ash, fumes, vapors or gases
which could damage human health, animals, vegetation, or property, or could soil
or stain persons or property shall be prohibited beyond the project lot lines.
WATER
20. Will the project conform to applicable local, state and federal water quality
standards, including, but not limited to: erosion and sedimentation; runoff control;
solid wastes; and hazardous substances?
NOISE
21. Can the proposed land uses and activities be conducted so that noise generated
shall not exceed the maximum noise dB level allowed and that excessive noise at
unreasonable hours is avoided? If not, have detailed plans been approved for the
elimination of objectionable noise levels? Sound pressure levels shall be measured
on a sound level meter at all major lot lines of the site, at a height if at least 4 feet
above the ground surface. Noise shall be measured with a sound level meter
meeting the standards of the American National Standards Institute “American
Standard Specification for General Purpose Sound Level Meters” and be set to the
A-weighted response scale and slow response. Acceptable levels for primarily
residential areas is 55 dB(A) from 7 a.m. – 10 p.m. and 45 dB(A) from 10 p.m. – 7
a.m. Areas that are primarily commercial with no residential uses should be 65
dB(A) from 7 a.m. – 10 p.m. and 55 dB(A) from 10 p.m. – 7 a.m. Industrial
districts should be 75 dB (A} from 7 a.m. – 10 p.m. and 65 dB(A) from 10 p.m. – 7
a.m. In areas of mixed use, the limits governing the stricter zone shall apply to any
noise entering the area.
GLARE HEAT
22. If the proposed activity produces intense glare or heat, whether direct or
reflected, is the operation conducted within an enclosed building or with other
effective screening in such a manner as to make such glare or heat completely
imperceptible from any point along the property and street line? If not, have
detailed plans been approved for the elimination of intense glare or heat?
VIBRATION
23. Will the project cause no inherent or recurring generated vibration perceptible
without instruments at any point along the property line? Temporary construction
is excluded from this criterion.
LIGHTING
HAZARDS
24. Is the exterior lighting, except for overhead street lighting and warning
emergency or traffic signals, installed in such a manner that the light source will be
sufficiently obscured to prevent excessive glare on public streets and walkways or
into any residential area? The installation or erection of any lighting which may
be confused with warning signals, emergency signals or traffic signals shall not be
permitted.
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EFFLUENTS
25. Will all sewage and industrial wastes be treated and disposed of in such a
manner as to comply with applicable federal, state, and local standards? Will
sewage effluent leaching fields be located further than 100 feet of the high water
mark of a year-round stream or pond and further than 75 feet from wetlands and
aquifers? Detailed plans and permits must be submitted.
SITE DESIGN STANDARDS
SITE PLAN
26. Is the lot a least 3 acres in size with 200 feet of road frontage and does it meet
all applicable subdivision or site plan regulations?
COMPATIBILITY 27. Is the design and arrangement of elements of the site plan (e.g. buildings,
circulation, open space, parking, landscaping, etc.) in favorable relationship to the
existing natural topography; natural water bodies and water courses; existing
desirable trees; exposure to sunlight and wind; and views?
SCREENING
28. Are open storage and loading/service areas screened from adjacent properties
or public ways by plantings, with refuse confined out of sight?
SHADOWS
29. Are the elements of the site plan (e.g. buildings, circulation, open space,
parking, landscaping, etc.) located and designed so as not to cast a shadow onto
adjacent property greater than a shadow cast by a 25 foot hypothetical wall located
along the property lines of the project between the hours of 9:00 a.m. and 3:00
p.m., EST, on December 21?
TRAFFIC
30. Does the street and parking system provide for the smooth, safe and convenient
movement of both vehicles and pedestrians, where appropriate, on and off the site?
ENTRANCE/EXIT 31. Is the subdivision designed to share access points from the existing roadway in
order to minimize curb cuts and traffic congestion? A maximum of two accesses
shall be allowed regardless of the number of lots or businesses served.
BUFFERS
32. Do buffers perform their necessary functions of providing visual and sound
protection and non-point pollution control?
HEIGHT
33. Does the project comply with the height regulations of Section 207.5 and are
structures located and shown on the plan?
PARKING
34. Is parking situated primarily beside or behind the buildings when viewed from
the street and does it meet the requirements of Section 318?
RECREATION
35. Are there adequate recreation facilities available for employees and/or
customer needs?
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ALL PROPOSALS: ABSOLUTE CRITERIA CHART
ALL CRITERIA
CRITERION
Is the criterion applicable?
APPLICABLE CRITERIA ONLY
Will the
criterion be If no, please
satisfied?
Not
Preliminary
Final
Applicabl Yes
e
COMPLIANCE WITH EXISTING PLANS/POLICIES STANDARDS
1. Municipal Master Plan
2. Subdivision
3. Preliminary Master Plan
4. Capital Budget
COMMUNITY CHARACTER COMPATIBILITY STANDARDS
5. Conflicts
6. Scenic Roads
PUBLIC FACILITIES AND SERVICES STANDARDS
7. Utilities
8. Emergency Access
9. Lighting
10.On-Site Water
RESOURCE PROTECTION STANDARDS
11.Flood Hazard
12.Geological Hazard
13. Topography
14. Flora & Fauna
15. Historic Preservation
16. Mineral Deposits
17. Fragile Areas
18. Open Space
ENVIRONMENTAL STANDARDS
19. Air Quality
20. Water
21. Noise
22. Glare & Heat
23. Vibration
24. Lighting Hazards
25. Effluents
SITE DESIGN STANDARDS
26.Site Plan
27. Compatibility
28. Screening
29.Shadows
30.Traffic
31.Entrance/Exit
32.Buffers
- 27 -
explain
No
ALL PROPOSALS: ABSOLUTE CRITERIA CHART
ALL CRITERIA
CRITERION
Is the criterion applicable?
Preliminary
Final
33.Height
34.Parking
35.Recreation
- 28 -
Not
Applicabl
e
APPLICABLE CRITERIA ONLY
Will the
criterion be If no, please
satisfied?
explain
Yes
No
A. ACTIVITY: COMMERCIAL
DEFINITION:
Retail trade and service activities such as vehicle service stations and sales,
greenhouses and nurseries, grocery and convenience stores, offices, business
services, hotels/motels, health and recreation clubs, restaurants, bars, shopping
centers, theaters, retail laundry centers, mortuaries, veterinary clinics, medical
clinics, childcare centers and other uses which are of the same general character
that involve commercial activity.
CRITERIA:
Each of the following applicable criteria must be answered “yes” and
implemented within the development plan.
Y
1.
If the project is likely to generate more than 25 vehicle trips
per business day per acre both to and from the premises, will
the project site be directly served by an arterial or collector
street?
2.
If the project is likely to generate more than 25 vehicle trips
per acre both to and from the premises in the busiest hour of
the operating day (annual average), is it directly served by an
arterial street?
3.
Is all repair and service activity, including storage, planned
to take place within an enclosed structure?
4.
Are all state and local minimum lot size standards fulfilled?
5.
Do parking accommodations take into consideration the
following guidelines (based upon 300 square foot parking
space for an automobile which includes room for turning):
a. commercial = 1,500 feet/1,000 square feet of floor area;
b. office = 1,200 square feet/1,000 square feet of floor area;
c. church, restaurant, theater = 300 square feet/3 seats;
d. hotel, motel, inn, hospital = 300 square feet/sleeping room
(2 beds);
e. auto service/repair station = 300 square feet/1,000 square
feet floor area;
- 29 -
N
N/A
6.
a.
b.
c.
d.
IF ALL OF THE ABOVE ARE ANSWERED “YES” ,
DOES THE PROJECT EARN AT LEAST 50% OF THE
MAXIMUM POINTS AS CALCULATED ON “POINT
CHART A” FOR THE FOLLOWING CRITERIA:
Is the project adjacent to or functionally a part of an
existing commercial or industrial use?
Does the project contain a workable mix of uses, thereby
promoting the historic clustered village character of the
region?
Does the activity reduce non-renewable energy usage,
through the application of alternative energy systems, re-use
of existing buildings, and through committed energy
conservation and/or recycling measures?
If the project site contains a building or place in which a
historic event occurred, which has special public value
because of notable architecture or is of cultural
significance, does the project fulfill the
following:
(1) Prevent creation of influences adverse to its
preservation?
(2) Assure that new structures and uses will be in keeping
with the character, scale, and/or style of the
building or place?
(3) Propose adaptive use of the building or place that will
lead to its continuance, conservation, and
improvement in a manner that respects the integrity of
the neighborhood?
e.
f.
g.
Are there any recreational facilities/opportunities available to
the public, which are created by the project (including but
not limited to: playfields, trails, trails connecting to existing
trails, tennis courts)?
Does parking area design take into consideration sharing
existing or proposed parking accommodations, utilize
creative designs in order to minimize asphalt areas, promote
parking behind or beside buildings, and provide one access
from the principal road serving the development?
Does the project maintain the rural character of the area by
protecting such things as agricultural land, vegetative
buffers, stonewalls, views, rural roadside character, etc.
- 30 -
COMMERCIAL ACTIVITIES
POINT CHART A
For All Criteria
Criterion
Applicable Criteria Only
Is The
Criterion
Applicable
Yes
No
I
Circle
The
Correct
Score
Yes VW*
No
II
Multiplier
a. Adjacent Existing
Use
b. Mixed Use
1 2 0
3
1 2 0
4
c. Energy Conservation
1 2 0
2
d. Historic Preservation
1 2 0
5
e. Recreation
1 2 0
3
f. Parking
1 2 0
4
g. Character
1 2 0
5
*VW – Very Well Done
III
IV
Maximu
Points m
Earned Applicabl
e
Points
Totals
V
Percentage Earned of Maximum Applicable Points:
V/VI = _____% (VII)
- 31 -
VI
ACTIVITY: INDUSTRIAL
DEFINITION: All industrial and manufacturing uses, and other uses which are of the same general
character
CRITERIA:
Each of the following applicable criteria must be answered “yes” and
implemented within the development plan.
Y
1.
If the project is likely to generate more than 25 vehicle trips
per business day per acre both to and from the premises, will
the project site be directly served by an arterial or collector
street?
2.
If the project is likely to generate more than 25 vehicle trips
per acre both to and from the premises in the busiest hour of
the operating day (annual average), is it located in the
existing Commercial District?
3.
Have all necessary precautions been taken to prevent all
lubricants, fuel oil, or other substances used in the
manufacturing process, which are stored on the site, from
leaking or draining into the groundwater system, streams, or
other water bodies or from otherwise dispersing?
Is all repair and service activity, including storage, planned
to take place within an enclosed structure?
4.
5.
Are all state and local minimum lot size and sewage disposal
standards fulfilled?
6.
Do parking accommodations allow for 300 square
feet/employee (based upon a 300 square foot parking space
for an automobile which includes room for turning):
7.
IF ALL OF THE ABOVE ARE ANSWERED ‘YES’, DOES
THE PROJECT EARN AT LEAST 50% OF THE
MAXIMUM POINTS AS CALCULATED ON “POINT
CHART B” FOR THE FOLLOWING CRITERIA:
a. Does the project maintain the rural character of the area by
protecting such things as agricultural land, vegetative
buffers, stonewalls, views, rural roadside character, etc.
b. Does the project contain a workable mix of uses, thereby
promoting the historic clustered village character?
- 32 -
N
N/A
Y
c. Does the activity reduce non-renewable energy usage,
through the application of alternative energy systems, reuse
of existing buildings, and through committed energy
conservation and/or recycling measures?
d. If the project site contains a building or place in which a
historic event occurred, which has special public value
because of notable architecture or is of cultural significance
does the project fulfill the following:
(1) Prevent creation of influences adverse to its
preservation?
(2) Assure that new structures and uses will be in keeping
with the character, scale, and/or style of the
building or place?
(3) Propose adaptive use of the building or place that will
lead to its continuance, conservation, and
improvement in a manner that respects the integrity of
the neighborhood?
e. Does parking area design take into consideration sharing
existing or proposed parking accommodations, utilize
creative designs in order to minimize asphalt areas, promote
parking behind or beside buildings, and provide one access
from the principal road serving the development?
f. Are there any recreational facilities/opportunities available
to the public, which are created by the project (including but
not limited to: playfields, trails, trails connecting to existing
trails, tennis courts)?
- 33 -
N
N/A
INDUSTRIAL ACTIVITIES
POINT CHART A
For All Criteria
Criterion
Applicable Criteria Only
Is The
Criterion
Applicable
Yes
No
I
Circle
The
Correct
Score
Yes VW*
No
II
Multiplie
r
III
IV
Maximum
Points Applicabl
Earned e
Points
a. Character
b. Mixed Use
1 2 0
1 2 0
5
3
c. Energy Conservation
1 2 0
2
d. Historic Preservation
1 2 0
5
e. Parking
1 2 0
4
f. Recreation
1 2 0
3
1 2 0
1 2 0
1 2 0
1 2 0
1 2 0
1 2 0
*VW – Very Well Done
Percentage Earned of Maximum Applicable Point:
V/VI = ______ % (VII)
- 34 -
Totals
V
VI
TOWN OF DERRY
Section 165-33 Central Business District (CBD) (Effective 2/16/01)
A. Purpose.
The Central Business District is established for the purpose of encouraging appropriate
uses occur within an area of the community where the predominant character has been
and will continue to be historical, municipal, cultural, residential, and commercial. It is
intended that the types of land use activities that would be allowed within the district
would not have a severe detrimental impact on existing historical, residential uses, or
traditional commercial, or cultural uses which continue to be maintained in the district in
order to promote this purpose the Planning Board, as set forth in this section shall be
authorized to adopt architectural design regulations for this district.
B. Permitted uses. The following uses shall be permitted:
1. Single family detached dwellings, hotels, bed & breakfasts and inns.
2. Multi-unit residential uses consisting of no more than four dwelling units, which
may be in combination as a mixed use, with non-residential uses permitted in this
district, subject to the following limitations:
a. All residential units permitted under this sub-section shall be:
i. A minimum of 800 square feet per unit
ii. Limited to one or two bedroom units.
b. Conversion.
i. Existing structures may be converted for multi-unit residential
uses, provided that the lot and the structure meet the minimum
standards for this district with respect to area and dimensional
requirements, buffer zones, off-street parking, and height
limitation.
ii. Any conversion which involves an existing non-residential or
multi-family use, or one which would result in the creation of a
combination of non-residential and residential use, or which would
result in the creation of a multi-unit dwelling, shall be subject to
review and approval by the Planning Board in accordance with
Section 165-16 of this chapter and Chapter 170, Land
Development Control Regulations.
3. Multi-unit residential uses of more than four (4) dwelling units, but only as a
mixed use in conjunction with permitted non-residential uses, subject to the
following limitations:
a. New construction – the density shall not exceed 18 dwelling units per
acre.
b. All residential units permitted under this sub-section shall be:
i. A minimum of 800 square feet per unit.
ii. Limited to one or two bedroom units.
iii. Prohibited below the second floor.
c. Conversion —
i. Existing structures may be converted for multi-unit residential
uses, provided that the lot and the structure meet the minimum
standards for this district with respect to area and dimensional
requirements, buffer zones, off-street parking and height
limitations.
ii. Any conversion which involves an existing non-residential or
multi-family use, or one which would result in the creation of a
combination of non-residential and residential use, or which would
result in the creation of a multi-unit dwelling, shall be subject to
review and approval by the Planning Board in accordance with
Section 165-16 of this chapter and Chapter 170, Land
Development Control Regulations.
4. All stores intended for the retail sale of the following commodities:
Antiques
Appliances and supplies
Art goods
Automotive Parts
Bakery products
Bicycles and their accessories
Books, stationary and greeting cards
Boots and shoes
Cameras and photographic supplies
Candy and confections
Cigars, cigarettes, tobacco and smoking supplies
Clothing and wearing apparel
Dairy Products
Drug and medicines
Electronic Audio/Visual Devices and their accessories
Feed, grain and seeds
Flowers and plants
Fruit and vegetables
Furniture and household furnishings
Hardware
Heating supplies and appliances
Ice cream and soft drinks
Jewelry, watches and clocks
Kitchenware & Crockery
Leather, leather goods and luggage
Meat and fish
Miscellaneous grocery items, food products or dry goods
Music and musical instruments
Newspapers and magazines
Novelties and variety goods
Optical goods
Paint, wallpaper and painter’s and decorator’s supplies
Pets, such as dogs, cats and birds and pet supplies
Pharmaceutical supplies including drugs and medicines
Plumbing fixtures and supplies
Sporting goods
5. Offices or stores for the handling of the following sales and/or services:
Banks and other financial institutions
Barber shops and beauty parlors
Boot and shoe repair
Book lending
Bus depots or the sale of travel accommodations
Catering
Express mail, or courier services
Garment cleaning, tailoring, dressmaking
Theaters of the Performing Arts and movie theaters
Moving company offices
Public or private educational services
Real estate and insurance offices, and other professional services
Restaurants, cafes, cafeterias, lunch rooms and retail sale of any goods
normally associated with such establishments
Professional Signs
Car Wash
6. Offices for the handling of:
Administrative functions
Software development
Computer sales and service
Internet commerce and services
Professional services
7. The manufacture or processing of the following goods and products provided
that it is combined with retail sales of such products on the premises, and that no
less than fifty (50%) percent of the square footage of the first floor shall be
dedicated to retail sale of the goods and products.
Artificial flowers
Bakeries
Chemical manufacturing associated with retail sale of drugs and
medicines
Clothing or wearing apparel and their accessories, except boots
and shoes
Dental and orthopedic appliances and supplies
Engraving, grinding and repair of optical products
Packaging of feed, grain and seeds
Printing and book publishing and binding
Repair of watches and clocks and other small articles and
appliances
Repair of household furnishings
8. Any public uses or use by a semi-public agency whose activities are primarily
non-profit in nature.
9. The following miscellaneous uses:
a. Dancehall or auditorium used primarily for entertainment or recreation
b. Radio and television broadcasting studios exclusive of transmitter
facilities (upper levels only).
10. Home occupations. Any single dwelling unit, whether as part of a multiunit
residential structure or as a single family residence, within this district in which
both residential use and non-residential use exists, shall be governed as a home
occupation use.
11. Parking Facilities.
C. Area and dimensional requirements
1. Minimum Lot area:
a. With public sewer – 30,000 square feet
b. Without public sewer – one acre, plus 10,000 square feet for each 200
gallons per day of sewage effluent after the first 200 gallons per day,
unless the owner can show adequate plans for sewage disposal on a
smaller lot.
2. Minimum Frontage Requirement: 50 feet. (Effective 11/21/03)
3. Minimum Lot Width 50 feet at the 10-foot setback line.
4. Maximum Yard Depth: Front yard – 8 feet.
5. Minimum Yard Depth:
a. Side yard: 10 feet.
b. Rear yards: 20 feet.
6. Maximum Building or Structure Height. No building or structure within this
district shall exceed 60 in height.
D. Review. Any change from residential to a non-residential use of a lot or structure,
whether in whole or in part, or the development or change or expansion of the use of a
lot or structure for non-residential uses shall be subject to review and approval by the
Planning Board in accordance with Section 165-16 of this chapter and Chapter 170,
Land Development Control Regulations, whether or not such development change or
expansion includes a subdivision or resubdivision of the site. The Planning Board is
authorized to adopt architectural design regulations for this district pursuant to RSA
674:16,I and II, 674:21,I, and 674:44,II. If such architectural design regulations are
adopted, they shall be incorporated in Chapter 170, Land Development Control
Regulations.
E. Buffer zones. Where a non-residential use in this district abuts a residential use in this
district, or abuts a residential district, a buffer zone shall be established to help diminish
the effects of the non-residential use on the abutting residential use or residential district.
The buffer zone shall be as provided in Chapter 170, Land Development Control
Regulations
F. Prohibited uses.
1. Any use of land, building, structure, or equipment which would be injurious
noxious or offensive by way of the creation of adverse traffic impacts or
conditions, odors, fumes, smoke, dust, vibration, noise or other objectionable
features, or hazardous to the community on account of fire or explosion or any
other cause shall be prohibited in this district.
2. Other land use activities which are specifically prohibited within this district
include, but are not necessarily limited to, the following:
a. Sexually oriented businesses.
b. Wireless communication facilities.
c. Uses which are not expressly permitted in Sub-section B of this
section.
d. Manufactured housing
G. Parking. Parking shall be located at the rear of the building, or as otherwise provided
in Chapter 170, Land Development Control Regulations.
H. Special exception uses. A special exception shall be granted by the Zoning Board of
Adjustment (ZBA), pursuant to RSA 674:33, IV, to owners of parcels of land in the
Central Business District (CBD) for land uses listed in this sub-section, as provided
herein. In granting such a special exception, the ZBA must find that all of the required
conditions listed in this sub-section have been met. The ZBA may attach conditions to
any special exception granted under this sub-section that the ZBA deems necessary for
conformance to the intent of this section or to alleviate impacts to abutters or to the
neighborhood.
1. Uses Permitted by Special Exception:
Product assembly
Equipment fit-up and repair
Research & Development facilities including industrial and environmental
testing laboratories
Automobile repair and restoration
Wood and metal craft work
Plumbing contractors, Heating, Ventilation, Air Conditioning (HVAC)
contractors and electrical contractors
2. Mixed uses. Uses permitted by special exception, as provided in sub-section
H.1, shall not be as a mixed use in conjunction with any other permitted use or
other use by special exception.
3. Required conditions for special exception. In granting a special exception
under the terms of this sub-section H, the ZBA must find all the following to be
true:
a. The proposed Special Exception Use is specified in sub-section H.1
above.
b. The proposed use provides employment opportunities in the CBD.
c. The proposed use does not adversely impact the goals and objectives
of the CBD, as stipulated in sub-section A.
d. The proposed use makes a positive contribution to a diverse, viable,
mixed-use urban center, and will substantially further the economic
viability of the district, without negatively impacting the surrounding
properties.
e. The structures, facilities, appurtenances and curtilage of the proposed
use will substantially contribute to the streetscape and visual appearance
of a traditional New England mill town, including appropriate architecture
and landscaping. In seeking a Special Exception, the applicant must
demonstrate that the use will substantially revitalize and improve existing
structures, or that new structures will be architecturally compatible with
the neighborhood in which they are proposed.
f. The requested use otherwise complies with the provisions of
subsections C through G of this section.
g. The proposed use will not impair the integrity of or be out of character
with, the district or immediate neighborhood in which it is located, nor be
detrimental to the health, safety or welfare of the residents of the Town.
4. Duration of special exception. Special exceptions granted under this section
shall run with the use and shall be transferable from one owner to another,
subject to the following conditions:
a. The use must continue as originally proposed, without enlargement or
expansion.
b. The special exception shall expire on the discontinuance of the use, or
change to another use.
c. The special exception shall expire after one year of inactivity or
abandonment.
5. Site plan review. An approved application for a special exception, in addition to
any conditions imposed by the ZBA, shall be subject to site plan review in
accordance with Section 165-16 of this chapter and Chapter 170, Land
Development Control Regulations
Section 165-49 Traditional Business Overlay District (TBOD) (Effective 2/16/01)
A.
Purpose.
1.
To protect and preserve this traditional character of Derry’s older Central
Business District, we are establishing an overlay district within the Central
Business District to be known as the “Traditional Business Overlay District.” The
Traditional Business Overlay District’s purpose is to maintain a consistent and
recognizable land use policy within the core of the Central Business District. The
core represents the gateway into our community. It represents Derry’s history,
culture, and uniqueness from other New Hampshire communities. It is the
nucleus for Derry’s business, governmental, social, and cultural activities.
2.
It is intended that land use activities allowed within this district will serve
to compliment and enhance existing historical, residential, commercial, and
cultural uses. It is intended to promote an attractive and appropriate streetscape,
creating a quality downtown image.
New construction, reconstruction,
rehabilitation, and demolition should be performed in such a way as to preserve
and /or build on Derry’s uniqueness. To that end, this sub-district will overlay the
core of the Central Business District. In the event of a conflict between the
requirements of this section and the permitted uses within the Central Business
District, the requirements of this section shall take precedence. In order to
promote this purpose the Planning Board, as set forth in this section, shall be
authorized to adopt architectural design regulations for this district.
B.
Permitted uses. The following uses shall be permitted:
1.
Multi-unit residential, dwelling unit as a mixed use in conjunction with
permitted non-residential use, subject to the following limitations: (Effective
4/18/03)
a.
b.
c.
d.
2.
Zoning Ordinance
Effective 1/21/05
All residential units shall be a minimum of 800 square feet per unit
limited to one or two bedroom units.
Residential use shall not be permitted below the second floor.
Structures shall not exceed 60 feet in height.
Conversion: Existing structures may be converted for multi-unit
residential uses, provided that the lot and the structure meet the
minimum standards for this district with respect to area and
dimensional requirements, buffer zones, off-street parking, and height
limitation. Any conversion which involves an existing non-residential
or multi-family use, or one which would result in the creation of a
combination of non-residential and residential use, or which would
result in the creation of a multi-unit dwelling, shall be subject to review
and approval by the Planning Board in accordance with Section 16516 of this chapter and Chapter 170, Land Development Control
Regulations.
All stores intended for the retail sale of the following commodities:
Antiques
Appliances and supplies
Art goods
101
Derry, New Hampshire
3.
Zoning Ordinance
Effective 1/21/05
Bakery products
Bicycles and their accessories
Books, stationary and greeting cards
Boots and shoes
Cameras and photographic supplies
Candy and confections
Cigars, cigarettes, tobacco and smoking supplies
Clothing and wearing apparel
Dairy Products
Drug and medicines
Electrical equipment
Feed, grain and seeds
Flowers and plants
Fruit and vegetables
Furniture and household furnishings
Hardware
Heating supplies and appliances
Ice cream and soft drinks
Jewelry, watches and clocks
Kitchenware & Crockery
Leather, leather goods and luggage
Meat and fish
Miscellaneous grocery items, food products or dry goods
Music and musical instruments
Newspapers and magazines
Novelties and variety goods
Optical goods
Paint, wallpaper and painter’s and decorator’s supplies
Pets, such as dogs, cats and birds and pet supplies
Pharmaceutical supplies including drugs and medicines
Plumbing fixtures and supplies
Electronic Audio/Visual Devices and their accessories
Sporting goods
Automotive Parts
Offices or stores for the handling of the following sales and/or services
Banks and other financial institutions
Barber shops and beauty parlors
Boot and shoe repair
Book lending
Bus depots or the sale of travel accommodations
Catering
Express mail, or courier services
Hat cleaning, tailoring, dressmaking
Theaters of the Performing Arts and movie theaters
Moving company offices
Public or private educational services
Real estate and insurance offices, and other professional services
Restaurants, cafes, cafeterias, lunch rooms and retail sale of any
goods normally associated with such establishments
Professional Signs
Car Wash
102
Derry, New Hampshire
4.
Offices for the handling of administrative functions.
5.
The manufacture or processing of the following goods and products
provided that it is combined with retail sales of such products on the premises,
and that no less than 50% of the square footage of the first floor shall be
dedicated to retail sale of the goods and products.
Artificial flowers
Bakeries
Chemical manufacturing associated with retail sale of drugs and
medicines
Clothing or wearing apparel and their accessories, except boots
and shoes
Dental and orthopedic appliances and supplies
Engraving, grinding and repair of optical products
Packaging of feed, grain and seeds
Printing and book publishing and binding
Repair of watches and clocks and other small articles and
appliances
Repair of household furnishings
6.
Any public uses or use by a semipublic agency whose activities are
primarily non-profit in nature.
7.
C.
The following miscellaneous uses:
a.
Dancehall or auditorium used primarily for entertainment or
recreation
b.
Radio and television broadcasting studios exclusive of transmitter
facilities (upper levels only).
Area and dimensional requirements
1.
Minimum Lot Area.
a.
With public sewer: 7,500 squarefeet.
b.
Without public sewer: one acre, plus 10,000 square feet or each
200 gallons per day of sewage effluent after the first 200 gallons
per day, unless the owner can show adequate plans for sewage
disposal on a smaller lot.
2.
Minimum lot frontage: 50 feet (Effective 11/21/03)
3.
Minimum lot width: 50 feet at the zero foot front setback line.
4.
Yard Depths
a.
Front yard: zero feet.
b.
Side yards: no more than five feet.
5. Building Dimensions. Measured from street grade, no building shall be
below two stories in height. Measured from street grade, no building shall exceed
60 feet in height. The first floor area shall be visibly accessible from the street, or
as otherwise provided by architectural design regulations incorporated in
Chapter 170, Land Development Control Regulations.
Zoning Ordinance
Effective 1/21/05
103
Derry, New Hampshire
D.
Review.
Any change from a residential to a non-residential use of a lot or
structure, whether in whole or in part, or the development or change or expansion of the
use of a lot or structure for non-residential uses shall be subject to review and approval
by the Planning Board in accordance with Chapter 170, Land Development Control
Regulations, whether or not such development, change or expansion includes a
subdivision or resubdivision of the site. The Planning Board is authorized to adopt
architectural design regulations for this district pursuant to RSA 674:16,I & II, 674:21,I,
and 674:44.II. If such architectural design regulations are adopted, they shall be
incorporated in Chapter 170, Land Development Control Regulations.
E.
Buffer zones. Where a non-residential use in this district abuts a residential use
in this district, a buffer zone shall be established to help diminish the effects of the nonresidential use on the abutting residential use or residential district. The buffer zone
shall be as provided in Chapter 170, Land Development Control Regulations.
F.
Sidewalk display. In the interest of public safety, the sidewalks within the public
right-of-way within this district shall not be obstructed by merchandise display, seating,
or any other permanent or temporary obstructions, except by special permit as may be
established by the governing body of the Town of Derry.
G.
Parking
1.
General provisions.
a.
Residential Use and multi-unit residential. Off-street parking shall
be provided on the basis of one space per bedroom, with a minimum of
three spaces being required per dwelling unit. Parking shall be located at
the rear of the building, or as otherwise provided in Chapter 170, Land
Development Control Regulations.
b. Non-residential use. Off street parking shall be provided in accordance
with Chapter 170, Land Development Control Regulations.
c. All off-street parking areas shall be provided in such a way that no
vehicle will be required or will be likely to back into the street or into the
lot.
d. No parking will be allowed within the designated buffer zone.
2.
Grant of Conditional Use Permit for parking access. Notwithstanding the
provisions of any dimensional requirements for side yard setbacks elsewhere in
this Section or in this section to the contrary, the Planning Board shall grant a
Conditional Use Permit, to allow vehicular access to parking situated behind
structures within this district, as provided herein, when the board finds all of the
following to be true:
a. The provisions of the Zoning Ordinance require that any parking
provided on-site be located behind the structure[s] on the site, or as
otherwise provided in Chapter 170, Land Development Control
Regulations.
b. Chapter 170, The Land Development Control regulations require the
provision of on-site parking for the proposed use of the site, in addition to
any shared parking available in municipal parking lots, garages, or
Zoning Ordinance
Effective 1/21/05
104
Derry, New Hampshire
facilities, or available as on-street parking in the immediate vicinity of the
site, and such on-site parking requirements have not been waived by the
board.
c. There currently exists no street, road, driveway or easement access to
the proposed on-site parking lot, other than through the lot frontage.
d. It is physically impossible or economically unfeasible to obtain street,
road, driveway, or other form of viatic easement or right of pass and
repass that would permit access to the proposed on-site parking lot, other
than through the lot frontage. In order to demonstrate economic
unfeasibility, the applicant must provide documented evidence that rights
to any and all such possible access routes cannot be obtained from their
current owner, or that the cost of obtaining them from their current owner
exceeds 20% of the total project cost, as the project is described in the
site plan application.
3.
Terms of conditional use permit for parking access. The conditional use
permit for parking access, granted pursuant to this section, shall be subject to the
following restrictions, conditions and requirements:
a. The maximum permitted side yard setback, on only one side of the
parcel (to be called the “chosen side”), to be chosen at the discretion of the
board, shall be increased so as to allow safe two-way vehicular access from
the frontage of the parcel to an approved and improved parking lot or parking
garage located behind the structure[s] on the parcel.
b. The maximum side yard setback of the other side of the parcel shall be
reduced, in compensation to the increase allotted on the chosen side. The
reduction shall be as great as may be practically feasible, given public safety
issues, and the nature and conditions of the site plan.
c. The Conditional Use Permit for parking access shall run with the use
and shall continue in effect as long as the conditions justifying its issuance
persist. If the use changes substantially or the structure[s] on the site
change[s] substantially, the Conditional Use Permit shall terminate,
coincident with such changes.
H.
Signs. The following provision shall apply to exterior signs and billboards in the
Traditional Business Overlay District only. Except where specifically defined herein or
otherwise defined in this chapter, all words used in this sub-section H pertaining to the
regulation of signs shall carry their usual and customary meanings.
1.
Purpose. The purpose of this sub-section H is to promote the health,
safety and the general welfare in accordance with the future development of the
Traditional Business Overlay District and to protect important views, create a
quality downtown image and to reduce visual clutter in this district. These sign
regulations for the Traditional Business Overlay District concerning the size,
placement and certain aspects of design have been developed to integrate signs
with the visual environment, and to improve the effectiveness of individual signs
through emphasis on appropriate design. It is our intention to encourage signs,
Zoning Ordinance
Effective 1/21/05
105
Derry, New Hampshire
which will be compatible with the buildings and their surroundings, be
informative, legible and provide examples of quality graphics appropriate for the
community.
2.
General regulations. Signs shall be permitted in this district in
accordance with the provisions of Article XII of this chapter, subject to further
compliance with the following additional limitations. Existing signs that were
lawful at the time of enactment or amendment of this provision shall be allowed
to continue to be used. However, if and when such signs are replaced, the new
sign or signs shall conform to the provisions of this article.
a.
Any sign located within a public right-of-way is subject to town
approval. Any sign not specifically listed, is not permitted, with the
following exceptions:
1.
2.
3.
4.
5.
Signs necessary to protect the public welfare; including, but not
necessarily limited to traffic control devices and directional signs
deemed essential for the public welfare and safety by municipal
and state agencies.
Signs required by federal, state, or Town governments.
Signs for historical associations and historical monuments.
Entrance/Exit and other directional signs (devoid of advertising),
each not greater 1.5 square feet in area, are allowed, as long as
these are located as not to create a traffic safety hazard or to
block line of sight from a motor vehicle.
Display signs, not greater than two square feet, pertaining to
churches, service clubs or civic associations may be erected or
displayed. For the purpose of this section, civic and service
organizations shall be defined as non-profit establishments
organized by a group of local citizens.
b.
Sign requirement for marquees. A marquee for the purpose of
this section, is a structure over and in front of an entranceway to a
building, designed and extended for shelter. No sign shall be placed
upon a marquee; unless, displayed on or around the outside faces or
edges of the marquee. The lettering within such signs shall not be over
1.5 feet high. This sign area shall be included in the maximum aggregate
sign area allowed for said property.
c.
Signs shall not be permitted to be painted upon or affixed to any
object within a public right-of-way, a community facility or a public
recreation area; except, signs essential for the public safety and welfare.
d.
No roof signs shall be permitted.
e.
A parapet sign will be allowed as part of an approved exterior
elevation design, but no more than 1/3 of the sign may exceed the
roofline.
Zoning Ordinance
Effective 1/21/05
106
Derry, New Hampshire
f.
Freestanding signs shall be permitted only on lots with structures
existing at the time of the enactment of this chapter, with a setback in
excess of 10 feet.
g.
Existing signs shall remain valid pre-existing, non-conforming
uses until such time as the business associated with such sign shall not
be open to the public for a period of one year, or the specified business,
for which the sign exists as of the date of the adoption of this chapter,
should change, or the sign should be more than 50% destroyed by fire,
accident and/or natural disaster; then all signs shall be brought into
compliance with this chapter.
h.
All projecting signs shall be located in such a manner so as not to
block line of sight from a motor vehicle or from pedestrian foot traffic and
shall not extend more than 36 inches.
i.
Decorative flags, banners and awnings depicting a product sold or
a service rendered, shall be considered a sign and shall comply with all
the requirements of this sub-section H.
j.
No neon shall be permitted unless it is used as a sign and subject
to the following restraints: two signs per lot, displayed in a window or
attached to a permitted exterior sign, not to exceed three square feet in
total area.
k.
Not withstanding regulations contained in this Sub-section H
pertaining to neon signs, no sign shall be internally illuminated and shall
not utilize internally illuminated lettering.
l.
“Out Lot” signs. For the purpose of this sub-section “out lot” is a
freestanding building located on the same lot as the remainder of the
development. “Out Lot” signs are not permitted.
m.
No monument signs shall be permitted.
n.
Unless otherwise specified, the following permanent sign
provisions shall apply:
1.
The aggregate area of all signs permitted on any lot shall
not exceed one square foot for each linear foot of street
frontage but in no case shall it exceed 50 square feet,
whichever is less.
2.
A minimum total sign area of 20 square feet shall be
permitted on any lot regardless of linear footage of street
frontage.
3.
One additional separate wall sign, not to exceed 50 square
feet shall be allowed which contains no advertising but
promotes the name of the building.
Zoning Ordinance
Effective 1/21/05
107
Derry, New Hampshire
3.
Sign permits.
a.
b.
4.
No sign shall be erected without a sign permit issued by the Code
Enforcement Officer, except in accordance with the provisions of
this section.
No sign permit will be issued for any premises on which there is
an outstanding violation of any part of this chapter.
Temporary signs.
a.
New business may use temporary signs while awaiting arrival of
permanent signage, however, they shall be allowed only until
permanent signage is installed or for 60 days, whichever is the
shorter period of time, and shall be limited to the same area and
yard requirements as the permanent signage. A permit must be
obtained for a temporary sign from the Code Enforcement Officer.
1.
2.
3.
4.
5.
6.
Poster type sign. Street level only. Must not occupy more
than 20% of a window area. Must be related to use
conducted or goods available on premises.
Construction sign. Identifies parties involved in
construction on premises. No advertising permitted. No
larger than 16 square feet Shall only remain for duration
of work; must be removed promptly by contractor at
project completion.
Real estate sign. Related to sale, rental or lease of
premises.No larger than 3 square feet. Must be removed
within seven days after sale, rental or lease.
Campaign sign. No larger than three square feet. Shall not
be displayed earlier than 60 days prior to an election. Must
be removed within seven days after an election.
Banners intended to advertise a business establishment
prior to a permanent sign. No larger than 16 square feet
total per business.Street level only. May contain message.
Bunting. Fabric material only. Must be removed after 21
days.
b.
Special event signs are signs, which are limited to one consecutive seven
day period every three months, for a total of four events per year. If a sign is not
used in a quarter, the time shall not be carried over to the next quarter. These
signs shall not be included in the calculation for aggregate signage on a lot. To
be authorized all of the following conditions must be met:
1.
2.
3.
4.
Zoning Ordinance
Effective 1/21/05
The signs is/are located on the same lot as the event;
The signs shall not be limited to size or location, but shall not be
placed in such a manner as to create a traffic safety problem;
The signs is/are moved at the end of the event; and,
A sign permit shall be obtained for the sign from the Code
Enforcement Officer.
108
Derry, New Hampshire
I.
Prohibited uses.
Any use of land, building, structure, or equipment which would be
injurious, noxious or offensive by way of the creation of adverse traffic impacts or
conditions, odors, fumes, smoke, dust, vibration, noise or other objectionable
features, or hazardous to the community on account of fire or explosion or any
other cause shall be prohibited in this district.
Other land use activities which are specifically prohibited within this
district include, but are not necessarily limited to, the following:
a.
b.
c.
Sexually oriented business as set forth in Article III, Section 16527.
Wireless communication facilities.
Uses that are not expressly permitted in sub-section B.
J.
Conflicting provisions. In all cases where the Traditional Business Overlay
District is superimposed over another zoning district in the Town of Derry, that district
whose regulations are the most restrictive shall apply.
Zoning Ordinance
Effective 1/21/05
109
Derry, New Hampshire
TOWN OF GOFFSTOWN
2.3.2 Agricultural District (A) – The A District is a mixed-use district established to
accommodate residential developments at low densities in rural settings, together with
agricultural, forestry, outdoor recreational and other compatible uses on large lots where
municipal utilities may not be present or anticipated.
2.3.5 Residential, Small Business and Office District (RSBO) – The RSBO District is
established in areas wherein residential, personal service, office, commercial and other
compatible uses at a scale and in a manner that will properly balance traffic, congestion,
visual conflicts, light, noise, and other impacts associated with higher density mixed use
development within a village-scaled context. RSBO is utilized primarily in residential
conversion areas, service areas within rural areas, and new village centers. Mixed
residential/non-residential use is also allowed.
2.3.7 Commercial District (C) – The C District is established to provide for villagescaled commercial service, and similar uses, in areas that are, or are anticipated to be,
served by municipal utilities, and where access is available from arterial and collector
streets. The C District is intended to encourage commercial and service uses to the
mutual advantage of both consumers and merchants, thus promoting public convenience
and prosperity. Residential uses are not allowed in this district except as part of mixeduse projects.
Section 3 - ALLOWABLE USES IN ZONING DISTRICTS
3.1 Table of Uses - Subject to all other applicable sections and all other local, state, and
federal laws, rules and regulations, no building, structure, or land may be used or occupied
except for the purposes permitted in the base district in which the use is located as set forth in the
Table of Principal Uses or, for any accessory building or structure, as set forth in the Table of
Accessory Uses.
3.2 Designation of Permitted Uses - Permitted uses in the base districts are designated in
the Table of Principal Uses and Table of Accessory Uses by the following.
3.2.1
that district.
Uses Permitted by Right. A use denoted by the letter “P” is permitted by right in
3.2.2 Uses Permitted by Special Exception. A use denoted by the letters "SE" is a use
that may be authorized by special exception in that district. The Board of Adjustment may grant
special exceptions in accordance with the procedures and conditions set forth in Section 14.3.2,
Special Exceptions.
3.2.3 Uses Permitted by Conditional Use Permit. A use denoted by the letters "CU" is a
use, which may be authorized by a conditional use permit in that district. The Planning Board
may grant a conditional use permit in accordance with the procedures and conditions set forth in
Section 14.4.1, Conditional Use Permit.
3.2.4 Uses Not Permitted. A use denoted by a dashed line (-) within a zoning district, is
a use, which is not permitted in that district.
3.3 Classification of Uses Not Specified or Changes in Use - In the event that a proposed
use is not specified in the Table of Principal Uses or Table of Accessory Uses upon written
application by the land owner, the Zoning Code Enforcement Officer shall determine the
administrative classification of the proposed use and whether the use is a use permitted by right;
a use that requires a special exception, conditional use permit, or other approval; or a use that is
not permitted under this Ordinance. Any determination involving a non-conforming use shall
be made pursuant to Section 13, Non-conforming Lots, Uses, and Structures.
3.3.1 Classification of Uses Not Specified. The Zoning Code Enforcement Officer
shall consider the similarity of the characteristics, function, or the intensity of the proposed use
to other uses included in the Table of Principal Uses and Table of Accessory Uses. The Zoning
Code Enforcement Officer may also consider the similarity of a proposed non-residential use to
the hierarchy of non-residential uses as developed by the U. S. Department of Labor, North
American Industrial Classification System (NAICS).
6
3.3.2 Appeal of an Administrative Classification. The Zoning Code Enforcement
Officer’s determination of an administrative classification may be appealed to the Board of
Adjustment as set forth in Section 14.3.1, Decisions by the Board of Adjustment.
3.3.3 Change in a Non-Conforming Use. A change from one non-conforming use to
another non-conforming use shall require a special exception from the Board of Adjustment,
subject to the review criteria established in Section 13, Non-conforming Lots, Uses and
Structures.
3.4 Supplemental Standards - Certain uses set forth in the Table of Principal Uses and the
Table of Accessory Uses are subject to additional conditions and standards contained in Section
5, Supplemental Standards. The section number of the applicable supplemental standards
pertaining to a use is indicated in the extreme right hand column of the Table of Principal Uses
and the Table of Accessory Uses under the heading “Supplemental Standards”. The referenced
standards shall apply to all such uses in all districts in which the use is located, regardless of
whether the use is permitted by right, special exception, or conditional use permit.
3.5 All Uses Subject to Overlay District Provisions - Uses permitted by the Table of
Principal Uses and the Table of Accessory Uses are subject to the additional restrictions of any
applicable overlay districts. Wherever there is a conflict between the provisions of an overlay
district and a base district, the provision that imposes the greater restriction or the higher
standard shall control.
3.6 Multiple Principal Uses on a Single Lot
3.6.1 Non-residential Uses, And Multi-family Dwelling Units. Multiple principal uses
may be established on a single lot for non-residential uses and multi-family dwelling units only if
such uses in that district are authorized within the Table of Principal Uses.
3.6.2 Single and Two-family dwellings. More than one (1) single family dwelling or
more than one (1) two-family dwelling may be located on a single lot only pursuant to Section
10, Open Space Development.
3.6.3 Manufactured Housing. More than one manufactured home may be located on a
single lot only pursuant to Section 9, Manufactured Home Parks.
3.6.4 Other Requirements. Each principal use on a single lot shall be subject to all the
requirements for that use, including applicable supplemental standards and receipt of special
exceptions or conditional use permits.
3.7 Nuisances and Hazards - No use may be made of any lot that may:
1. Become an excessive annoyance or nuisance to other properties by reason of
unsightliness or the excessive emission of odors, dust, fumes, smoke, noise, heat
or glare; or
2. Unreasonably increase the fire hazard to adjoining properties as measured by fire
7
insurance ratings.
3.8 Waste Material: Property owners shall properly dispose of any waste materials, and
shall not permit any waste materials to remain on any property, except in an enclosed area
approved by the Planning Board.
3.9 Subdivision and Site Plan Approval: The subdivision of land and the development of
certain residential and non-residential projects are subject to the approval of the Planning Board
under the provisions of the Subdivision Regulations and the Site Plan Review Regulations. All
uses and developments for which site plan review is required are listed in Section 14.4, Planning
Board. The application for a conditional use permit from the Planning Board under this
Ordinance may be undertaken simultaneously with the site plan or subdivision approval process.
3.10 Table of Principal Uses - The Table of Principal Uses is organized according to the
following functional and economic classification of land uses:
A. Residential
B. Educational and Institutional
C. Services - Entertainment and Recreation
D. Services - Financial, Medical and Professional
E. Services - Lodging and Restaurants
F. Retail Trade (except motorized vehicles and restaurants)
G. Motor Vehicle Sales and Service
H. Transportation, Communications, and Utilities
I. Manufacturing and Construction
J. Agricultural
8
Principal Uses
Use Category and Description
I
CIFZ
C
VC
Manufactured home
Manufactured home park
Dwelling units as part of a mixeduse (residential and nonresidential)
building or project
RSBO
4
5
6
R-2
Residential
Single family dwelling
Two family dwelling
Multi-family dwelling
R-1
A
1
2
3
A
CO
Use
#
Base Districts
P
-
P
P*
-
P
P
SE
P
P
SE
P
P
CU
P
P
CU
-
-
-
-
CU
-
-
-
P
P
CU
CU
-
* Two family dwellings are allowed where a lot has 3 acres and 300-foot frontage, or otherwise meets Section 4.3, the dimensional requirements.
9
Supplemental
Standards (For all
uses, refer first to
Section 4,
Dimensional
Standards
Section 5.1.5 and
Section 5.9
Section 9
Section 9
Section 5.1.5 and
Section 5.9
Principal Uses
I
CIFZ
C
11
VC
7
8
9
10
RSBO
6
R-2
5
R-1
2
3
4
Educational and Institutional
Group child day care center
(preschool+5)
Adult day care facility (3+)
Institutional Residential
Kindergarten, elementary or
secondary school
Post secondary or trade school, or
college, with or without dormitory
Gym, dance, karate, art, pottery or
similar school or studio
Church and synagogue
Non-profit community center
Library and museum
Private membership fraternal or
social organization or club
Municipal building
A
B
1
Use Category and Description
CO
Use
#
Base Districts
Supplemental
Standards (For all
uses, refer first to
Section 4,
Dimensional
Standards
-
CU
-
-
CU
P
P
P
-
Section 5.7
SE
CU
P
CU
P
CU
P
CU
-
P
CU
CU
P
SE
P
P
CU
CU
SE
Section 5.8
SE
CU
CU
CU
-
CU
P
CU
-
-
SE
SE
SE
P
P
P
P
-
SE
SE
SE
P
CU
-
P
CU
-
P
CU
-
CU
CU
-
CU
P
CU
CU
SE
P
P
P
CU
P
P
P
SE
-
P
P
P
P
P
P
P
P
P
10
Principal Uses
I
9
CIFZ
8
C
7
VC
6
RSBO
4
5
R-2
3
R-1
2
Entertainment and Recreation
Public park, playground, field and
recreation facility
Non-public park, playground, field
and recreation facility
Concert hall, indoor theater or
activity hall
Indoor health fitness center or gym
Commercial indoor recreation
facility, e.g. bowling alley, billiard
hall, natatorium, amusement center
and similar uses
Commercial outdoor recreation
facility, e.g. golf, tennis, golf
driving range, boating.
Recreational area, e.g. picnic,
fishing pond and day camp
Stable, equestrian center, riding
academy, riding trailClub, lodge, hunting preserve, ski
tow, winter sport facility,
campground and youth camp
A
C
1
Use Category and Description
CO
Use
#
Base Districts
P
P
P
P
P
P
P
P
-
P
P
P
P
CU
CU
CU
CU
-
-
-
-
-
CU
P
P
P
-
-
P
-
-
-
CU
-
CU
CU
P
P
P
CU
SE
-
-
CU
-
-
-
CU
P
CU
-
CU
CU
-
-
-
-
-
-
-
P
P
SE
-
-
-
-
-
-
SE
SE
-
-
-
-
-
-
-
11
Supplemental
Standards (For all
uses, refer first to
Section 4,
Dimensional
Standards
Principal Uses
I
CIFZ
12
C
8
VC
7
RSBO
6
R-2
5
R-1
4
Services - Financial, Medical and Professional
Mortuary or funeral home
Hospital
Nursing home and special care
home
Small office, not exceeding 2,000
square feet, of general business and
professional offices and healthcare
practitioner, including outpatient
care
General business, healthcare and
professional, and banking and
financial office of 2,000 square feet
or larger
Veterinary services with no
external animal areas
Kennels, with or without external
animal areas
Drive-through service with any
financial, medical or professional
service
A
D
1
2
3
Use Category and Description
CO
Use
#
Base Districts
Supplemental
Standards (For all
uses, refer first to
Section 4,
Dimensional
Standards
SE
SE
SE
SE
SE
SE
CU
CU
CU
CU
CU
P
P
P
P
P
P
-
SE
SE
SE
P
P
P
P
-
-
-
-
CU
P
P
P
SE
SE
SE
SE
CU
CU
P
P
-
SE
-
-
-
-
-
-
-
Section 5.6
-
-
-
-
CU
CU
CU
SE
Section 5.20
Principal Uses
I
CIFZ
C
VC
RSBO
R-2
R-1
4
Services – Lodging and Restaurants
Inn, hotel, motel
Bed and breakfast
Restaurant with no drive through
service
Restaurant with drive-through
service
A
E
1
2
3
Use Category and Description
CO
Use
#
Base Districts
-
SE
SE
SE
SE
-
-
CU
CU
CU
CU
CU
P
SE
P
P
SE
P
SE
SE
-
-
-
-
-
CU
CU
CU
-
13
Supplemental
Standards (For all
uses, refer first to
Section 4,
Dimensional
Standards
Section 5.20
Principal Uses
I
CIFZ
14
C
7
8
VC
5
6
RSBO
4
Retail Trade (except motorized vehicle and restaurant uses)
Sale of goods with no outdoor
storage or display of inventory, not
otherwise listed below.
Outdoor display of merchandise or
storage equal to not more than 10%
of the building area, or seasonal
outdoor display
SE
Plant and garden supply or similar
use with outside storage or display
of inventory greater that 10% of the
associated building area
Beauty shop, barber shop, and
similar personal services
Lumber yards
Adult video or book store, adult
motion picture theater, or adult
theater
Tattoo parlor
Drive-through service with any
retail establishment
R-2
3
R-1
2
A
F
1
Use Category and Description
CO
Use
#
Base Districts
Supplemental
Standards (For all
uses, refer first to
Section 4,
Dimensional
Standards
-
CU
P
P
P
-
-
-
CU
P
P
-
-
-
CU
P
P
-
-
CU
P
P
P
-
-
-
-
P
SE
P
-
P
-
Section 5.3
-
-
CU
SE
CU
CU
SE
Section 5.4
Section 5.20
Principal Uses
I
CIFZ
C
VC
RSBO
R-2
3
4
5
R-1
2
Motor vehicle sales and service
Sale or rental of motor vehicles,
boats, trailers or recreational
vehicles
Motor vehicle repair, service and
towing, including body work
Retail sale of gasoline
Car washes
Sale and installation of parts and
accessories, including tires,
mufflers and glass
A
G
1
Use Category and Description
CO
Use
#
Base Districts
Supplemental
Standards (For all
uses, refer first to
Section 4,
Dimensional
Standards
-
-
-
-
-
-
SE
SE
SE
Section 5.17
-
-
-
-
-
-
P
P
P
Section 5.17
-
-
-
-
-
-
SE
SE
P
SE
SE
P
SE
SE
P
Section 5.17
Section 5.17
Section 5.17
15
Principal Uses
I
16
CIFZ
11
C
10
VC
9
RSBO
6
7
8
Transportation, communication and utilities
Public or commercial parking
facility
Public transportation passenger
station
Bus, truck or rail freight terminal
Heliport
Warehouse storage or distribution
facility
Bulk fuel storage for distribution
Telecommunication tower
CU
CU
Co-location or building location of
CU
CU
telecommunication antenna
Essential public utilities and
SE
SE
appurtenances
Essential government service and
P
public works facilities
Dam, water supply works
P
SE
R-2
3
4
5
R-1
2
A
H
1
Use Category and Description
CO
Use
#
Base Districts
-
-
-
CU
CU
CU
CU
-
-
-
CU
CU
CU
CU
-
-
-
-
CU
CU
CU
CU
P
SE
P
CU
CU
CU
CU
CU
P
CU
P
SE
CU
P
SE
SE
-
-
P
P
P
P
P
-
-
P
P
P
SE
SE
CU
CU
SE
SE
SE
Supplemental
Standards (For all
uses, refer first to
Section 4,
Dimensional
Standards
Section 10
Section 10
Section 5.16
Principal Uses
I
CIFZ
17
C
11
12
VC
8
9
10
RSBO
7
Manufacturing, construction and wholesale trade
Manufacturing, fabrication,
assembly, packaging and other
similar industry
Research and development facility
Materials recycling and processing
SE
Excavation and processing of earth
SE
materials or quarrying of stone
from on-site
Processing of earth materials or
stone from off-site
Manufacturing or bulk storage of
explosives
Wholesale establishment
Laboratory and testing facility
Wood milling, wood based
SE
products, such as windows or doors
Contractor’s storage yard
SE
Recycling center
-
R-2
5
R-1
2
3
4
A
I
1
Use Category and Description
CO
Use
#
Base Districts
Supplemental
Standards (For all
uses, refer first to
Section 4,
Dimensional
Standards
-
-
-
SE
P
P
P
Section 5.14
-
-
SE
-
CU
-
P
-
P
CU
-
P
P
SE
Section 5.19
-
-
-
-
-
-
SE
-
-
-
-
-
-
SE
-
-
SE
-
CU
SE
P
P
P
P
P
P
P
P
P
-
-
-
-
CU
SE
CU
SE
P
P
Section 5.19
Section 5.13
Principal Uses
I
9
CIFZ
8
C
5
7
Dairies
Raising and keeping of livestock
and poultry
Sawmill
Facility for processing animal
products
Tree farm, forest preserve, wildlife
reservation, watershed protection
area, or reservoir
Landscaping contracting or similar
business
VC
3
4
RSBO
2
R-2
Agricultural
Agricultural and horticultural
operations
Greenhouse
R-1
J
1
A
Use Category and Description
CO
Use
#
Base Districts
P
P
SE
SE
-
-
-
-
-
P
P
SE
SE
-
-
P
CU
-
P
P
P
P
SE
SE
SE
SE
-
-
-
-
-
-
SE
SE
-
-
-
-
-
-
SE
SE
P
P
-
-
-
-
-
-
SE
CU
P
-
-
-
-
P
P
P
18
Supplemental
Standards (For all
uses, refer first to
Section 4,
Dimensional
Standards
Section 5.5 and
Section 5.11
Section 5.5 and
Section 5.11
Section 5.5
Section 5.5
Section 5.5
Section 5.13
3.11 Table of Accessory Uses
The Table of Accessory Uses is organized according to a functional relationship to principal uses, as follows:
A. Accessory to a Principal Residential Use
B. Accessory to a Principal Non-residential Use
Accessory Uses
I
CIFZ
C
VC
19
RSBO
* Permit as a home occupation.
** Allowed in conjunction with an active building permit.
R-2
6
7
8
R-1
5
Accessory to Principal Residential Use
Home occupation
P
Day care home (3)*
P
Family day care home (6+3)
P
Family group day care home
(12+5)
P
Accessory building and facility
such as garage, carport, tool shed,
non-commercial greenhouse,
workshop, swimming pool, tennis
court, shed and portable structure,
including plastic and canvas
covered framed structure
Accessory attached dwelling unit
SE
Yard and garage sales
Storage containers
P**
A
A
1
2
3
4
Use Category and Description
CO
Use
#
Base Districts
Supplemental
Standards (For all
uses, refer first to
Section 4,
Dimensional
Standards
P
P
P
CU
P
P
P
CU
P
P
P
CU
P
P
CU
-
P
P
-
P
P
-
P
P
-
-
Section 5.12
Section 5.12
Section 5.7
Section 5.7
P
P
P
P
P
P
P
-
Section 5.1
SE
P
P**
SE
P
P**
SE
P
P**
CU
P**
CU
P**
P**
P**
-
Section 5.2
Section 5.18
Accessory Uses
I
CIFZ
C
20
VC
* Allowed in accordance with Planning Board approved site plan.
RSBO
5
6
Accessory to Principal Non-Residential Use
Farm market or roadside stand
P
P
Dwelling unit for caretaker or
security personnel
Day care center for employee use
only
Retail sales accessory to a principal
manufacturing or wholesale use
Parking facility
P
P
Storage containers
-
R-2
4
R-1
3
A
B
1
2
Use Category and Description
CO
Use
#
Base Districts
Supplemental
Standards (For all
uses, refer first to
Section 4,
Dimensional
Standards
-
-
CU
-
CU
-
P
CU
CU
CU
CU
Section 5.11
Section 5.10
-
-
-
CU
P
P
P
Section 5.7
-
-
-
CU
P
P
P
P
-
P
-
P
-
P
P*
P
P*
P
P*
P
P*
Section 7
Section 4 - DIMENSIONAL STANDARDS
4.1 Generally
In addition to all other standards and restrictions contained in the Ordinance, or imposed by other law or
regulations, no land shall be subdivided, buildings or structures constructed, or uses established unless
meeting or exceeding standards set in this section, including the Table of Dimensional Regulations, Section
4.3.
4.2 Additional Standards
4.2.1 Minimum Lot Frontage: Minimum lot frontage shall be a continuous, unbroken line along
one (1) street. The minimum lot frontage dimension must be maintained with the lot as a minimum lot width
to a depth equivalent to the required set back as specified in the Table of Dimensional Regulations, Section
4.3.
4.2.2 Corner Lots Front Set Back: Where a lot is a corner lot or otherwise has multiple street
frontages, front dimensions shall be observed adjacent to one of the frontages.
4.2.3 Lot Width: The horizontal distance parallel to the front lot line measured between the side lot
lines at the front building line.
4.2.4 Lot Size: Where a lot is not served by a municipal sewer system and an on-site subsurface
disposal system is required, the lot size shall not be less than the larger of either the area required by the New
Hampshire Department of Environmental Services- Water Division (NHDES-WD), or the minimum lot size
as specified in the Table of Dimensional Regulations, Section 4.3.
4.2.5 Maximum Height of Buildings or Structures: The height of buildings and structures is further
subject to the following provisions:
4.2.5.1 Maximum Number of Stories – Where the maximum height of a building is limited to
thirty-five (35) feet, the maximum number of stories allowed is two (2).
4.2.5.2 Height Limits for Signs – The height limits for signs shall be in accordance with the
requirements of Section 6.
4.2.5.3 Height Limits for Telecommunications Towers – The height limits for
telecommunications towers shall be in accordance with the requirements of Section 10,
Telecommunications Facilities.
21
4.3 Table of Dimensional Regulations
Maximum Building Coverage
Maximum Building Height
Percent
Feet
Sq. Feet
50
50
-
5%
35
5,000
N/a
None
Either
Both
2.0 Ac
1.0 Ac
1.0 Ac
0.5 Ac
200
150
150
100
0.8 DU***
1 DU
2 DU
6 DU
35
25
30
30
25
15
10%
25%
35
35
5,000
5,000
High Density
Residential
(R-2)
None
Either
Both
40,000 SF
20,000 SF
10,000 SF
100
100
100
1 DU
4 DU
8 DU
25
30
15
25%
35
5,000
Residential Small
Business Office
(RSBO)
None
Either
Both
40,000 SF
20,000 SF
10,000 SF
100
100
100
1 DU
4 DU
8 DU
25
30
15
25%
35
8,000
Village
Commercial (VC)
Commercial (C)
N/a
5,000 SF
50
15 DU
25
10
90%
45
8,000*****
N/a
5,000 SF
50
15 DU
10
*****
10
Side Street
same as
Front Street
on corner lot
Side Street
same as
Front Street
on corner lot
Side Street
same as
Front Street
on corner lot
-
25
10
40%
45
15,000*****
Commercial
Industrial Flex
Zone (CIFZ)
N/a
1.0 Ac
50
15 DU
25
25
10
40%
45
25,000*****
Industrial (I)
N/a
2.0 Ac
50
N/a
50
25
25
50 where
abutting
residential
zoning
district
50 where
abutting
residential
zoning
district
50 where
abutting
residential
zoning
district
50%
45
50,000*****
Other
***
****
*****
Front
*
**
Maximum Non-Agricultural
and Non-Residential Building
Footprint
Side
Feet
100
Minimum Setback
Requirements****
Rear
Maximum Number of Dwelling
Units (DU) per Buildable Acre*
for Duplex and Multi-Family
Lots
Feet
0.5 DU
Minimum Lot Frontage
Feet
300
Minimum Lot Size
Feet
5.0 Ac
Availability of Town Utilities
per Ac**
N/a
Base District
Feet
Conservation and
Open Space (CO)
Agricultural (A)
Medium Density
Residential
(R-1)
Buildable area – See glossary.
Reduce residential density for mixed-use properties:
1du/ac to 0.5du/ac; 4du/ac to 3du/ac; 8du/ac to 6du/ac and 15du/ac to 10du/ac
Not with standing maximum density, a two family dwelling is allowed if the lot has both 3 acres and 300’ frontage.
Zero yards as part of a condominium project, or zero side yards in the VC district with masonry construction.
Less setback or more building footprint by Planning Board Conditional Use Permit.
22
4.4 Multi-family Dwellings
4.4.1 Dimensional Standards - Multi-family dwellings shall comply with the
requirements for maximum lot coverage as specified in Section 4.3, Table of Dimensional
Regulations, and with the dimensional standards for minimum lot size, minimum lot frontage,
minimum yard requirements, and maximum height, as specified hereinafter:
4.4.2 Number of Units - In no case shall a multi-family building, except a bonafide
student dormitory, contain more than twelve (12) dwelling units, except by Conditional Use
permit from the Planning Board upon a finding that the proposed building(s) are in scale with
both their neighborhood and the Town as a whole.
4.4.3 Minimum Unit Size for Conversions to Duplex or Multifamily Units
4.4.3.1 The minimum dwelling unit size is 800 square feet in the event that an
existing residential structure is converted to a multi-family structure or, if already
converted, additional dwelling units are added.
4.4.3.2 The minimum dwelling unit size is 800 square feet in the event that an
existing non-residential structure is converted to a multifamily structure or, if
already converted, additional dwelling units are added.
23
Section 5 - SUPPLEMENTAL STANDARDS
5.1 Accessory Buildings and Facilities - Accessory buildings, including private garages,
carports, non-commercial greenhouses, and workshops, shall not exceed a maximum floor area
of six hundred (600) square feet. The maximum allowable height of an accessory building shall
be seventeen (17) feet to the peak. Accessory uses or buildings shall not be located closer than
ten (10) feet to any side or rear lot line, and not more than twenty-five (25%) percent of the area
of the yard may be occupied by an accessory building. Accessory structures shall not be located
within the front yard setback. Larger structures shall conform to the setback requirements of the
District.
5.2 Accessory Dwelling Unit - One (1) accessory dwelling unit may be attached to a singlefamily residence subject to the following provisions:
5.2.1 An accessory dwelling unit shall be clearly incidental to the primary use of the
property as a single-family residence, and shall not occupy more than six hundred fifty (650)
square feet of gross floor area within the residence;
5.2.2 An accessory dwelling unit shall be constructed within or attached to a singlefamily residence;
5.2.3 At least one interior connecting door, or other access for persons to pass between
the primary residence and the accessory dwelling unit, shall be provided;
5.2.4 Septic system design and capacity shall be approved by the N.H. Department of
Environmental Services;
5.2.5 No new exterior entrance or exit to an accessory dwelling unit shall be
constructed facing the front of the single-family residence;
5.2.6 At least one parking space shall be provided for an accessory dwelling unit, and
no new curb cut from the street shall be constructed;
5.2.7 Exterior construction and materials for an accessory dwelling unit shall be
uniform with the single-family residence;
5.2.8 The lot on which the accessory dwelling unit is located shall meet the minimum
lot size requirements, and the accessory dwelling unit shall meet the maximum height and
minimum yard setback requirements, as provided in Section 4.3, Table of Dimensional
Regulations; and
The single-family residence or the accessory dwelling unit shall be, and shall remain, owner
occupied.
24
5.3 Adult Video or Book Store, or Adult Theaters - An Adult Video or Book Store, an
Adult Motion Picture Theater, or an Adult Theater shall be permitted subject to the following
conditions:
5.3.1 The use shall be located no closer than one thousand (1,000) feet from any school,
church, or park, or from the boundary of the R-1, R-2, or A District; and
5.3.2 The use shall not be located closer than one thousand (1,000) feet from any other
Adult Video/Book Store, Adult Motion Picture and Adult Theaters.
5.4 Tattoo Parlor - A Tattoo Parlor shall be permitted subject to the following conditions: (1)
The use shall be located no closer than 1,000 feet from any school, church or park or from the
boundary of the R-1, R-2 and A Districts, and (2) The use shall not be located closer than 1,000
feet to another Tattoo Parlor.
5.5 Agricultural and Horticultural Operations - Farm buildings in the agricultural or
conservation zones shall be located no closer than one hundred (100) feet to any boundary of a
residential district.
5.6 Commercial Kennel - Commercial kennels are permitted provided that they are located
on lots of not less than two (2) acres, and that no buildings or structures are located within one
hundred (100) feet of any lot line.
5.7 Child Day Care Facilities
5.7.1 Compliance with Regulations - All child day care facilities must comply with all
applicable State and Federal regulations.
5.7.2 Outdoor Play Area Required - Except for Day Care Homes, all child day care
facilities, including Family Day Care Homes, Family Group Child Day Care Homes, and Group
Child Day Care Centers shall provide for fifty (50) square-feet of outdoor play area per child. A
fence shall enclose the outdoor play area, the height and materials of which are subject to
approval by the Planning Board.
5.7.3 Minimum Lot Size - A Family Group Child Day Care Home shall be located on a
lot of at least twenty thousand (20,000) square feet in area.
5.8 Institutional Residential
5.8.1 Institutional residential uses shall be located no closer than 500 feet from any
school, church or park, or from the boundary of the R-1 and R-2 districts.
5.8.2
Institutional residential uses shall have all appropriate state licenses.
25
5.8.3 The Planning Board, through its site plan review, may require adjustment to
parking, loading requirements, and open space requirements relative to the specifics of the
proposal.
5.8.4 The Planning Board, through its site plan review, shall review and approve the
proposed architectural design to insure a non-institutional appearance, as well as architectural
compatibility with nearby properties.
5.9 Dwellings in a Building Accommodating Non-residential Uses
5.9.1 In the C, CIFZ and VC Districts - Multi-family dwelling units are allowed on the
upper floors within a mixed occupancy building that contains other permitted non-residential
uses.
Multi-family dwelling units are also allowed in residential buildings, or on the ground floor
within a mixed occupancy building, where the Planning Board finds that multi-family dwelling
unit location does not cause (1) excessive fragmentation of the commercial district, or (2)
destruction of the perceived pedestrian continuity of the commercial district.
5.9.2 In the RSBO District - Multi-family dwelling units are allowed within a mixed
occupancy building containing other permitted non-residential uses.
5.10 Dwelling for a Resident Caretaker - A dwelling unit may be allowed as an accessory
use to a principal non-residential use in order to provide quarters for a caretaker, security
personnel, custodial personnel, or other similar purpose.
5.11 Farm Market or Roadside Stand - Roadside stands may be allowed for the sale of
farm products raised on the premises, provided that at least five (5) off-street parking spaces are
provided and that no stand is located nearer than fifteen (15) feet to any street or lot line.
5.12 Home Occupation - An accessory use of a dwelling unit for gainful employment is
permitted subject to each of the following conditions:
5.12.1 The home occupation shall be clearly incidental and subordinate to the use of the
dwelling unit as a residence.
5.12.2 The home occupation is conducted by a resident of the premises, and shall not
degrade or adversely affect or undermine the residential character of the buildings or of
surrounding properties.
5.12.3 Non-resident, on-site employees are limited to no more than one (1) full-time
equivalent person. All parking must be provided on site.
5.12.4 Goods sold at retail should be only those manufactured or assembled on the
premises.
26
5.12.5 No more than twenty-five percent (25%) of the gross floor area of the residence
shall be used for the business.
5.12.6 There shall be no outdoor displays of goods, and no outdoor storage of materials
or equipment unless screened from roads and surrounding properties by natural or structural
means to such an extent and in such manner as may be specifically required and approved by the
Board of Adjustment.
5.12.7 The residence or accessory buildings shall not provide window displays or other
characteristics or features normally associated with commercial uses.
The owner of the home occupation and the owner of the residence shall register said home
occupation with the Planning and Building Department, prior to the start of the business.
5.13 Landscaping Businesses in Agricultural District - Storage of equipment and materials
for landscaping, construction and similar businesses in the Agricultural District, if accessory to a
primary residence, located on at least five (5) acres, and subject to at least one hundred (100)
foot setbacks from all lot lines. All commercial vehicles and materials to be enclosed or
screened from view. No processing of materials allowed. Site Plan review required.
5.14 Manufacturing, Fabrication and Assembly Industries - Light industry and wholesale
establishments provided that all objectionable emissions such as dust, smoke, or odor are
confined wholly within the premises and that no noise or vibration is detectable without
instruments beyond the property boundaries.
5.15 Multi-family Utility Service Requirements - All multi-family dwellings shall be
served by public water and sewer systems.
5.16 Public Utilities - Public utility facilities and utility substations are permitted if essential
for service to the district and subject to the following minimum regulations:
5.16.1 All utility service structures shall be located not less than fifty (50) feet from any
property line;
5.16.2 A safety fence of not less than six (6) feet in height is required together with a
landscape screen at least seventy-five (75) percent opaqueness to protect neighboring property
from potential loss of use or diminution of land value;
5.16.3 If high voltage is necessary for the operation of the facility, signs shall be located
every twenty (20) feet, be attached to the fence or wall, and display in large bold letters, the
words: “HIGH VOLTAGE DANGER”;
5.16.4 No equipment, mobile or immobile, not used in direct support of the facility shall
be stored or parked on the site unless repairs to the facility are being made;
27
5.16.5 Any utility service which requires a full time attendant or consumer visitation
shall provide a minimum of three (3) parking spaces or one (1) space per employee on the shift
with the greatest employment, plus one (1) space per one thousand (1000) square feet of gross
floor area of a building; whichever is greater.
5.16.6 No existing non-conforming service structures shall be enlarged; and
All utility service structures must have all appropriate Federal and State approvals, and must be
removed upon lapse of those approvals.
5.17 Sale, Rental, Repair or Servicing of Motor Vehicles
5.17.1 Automobile sales and service, repair garages, and/or service stations are allowed
provided that all structures, including storage tanks, shall be placed not less than twenty- five
(25) feet from any property line, and that all storage tanks must be underground.
5.17.2 Gasoline Stations: A gasoline station with or without accessory service bays or
convenience stores is not permitted within two (2) miles (lot line to lot line) of an existing service
station measured by road length to and from each property. 5.17.2 cannot be waived or lessened.
5.18 Yard Sales - Yard sales are permitted as an accessory use to a principal residential use,
provided that the yard sale is confined to the premises of the principal residential use, that the
length of time of any one (1) sale shall not exceed three (3) consecutive days, and that there shall
be no more than four (4) sales in any one (1) year period on any premises. Under no
circumstances shall yard sales become a home occupation, a home-based business, or a “flea
market”, or any other activity for the purpose of selling new or used merchandise or goods which
are unrelated to the homeowner’s personal property.
5.19 Laboratories and testing facilities, and research and development facilities - In
determining the appropriateness of laboratories and testing facilities, and research and
development facilities the Planning Board shall find that for the specific activity (1) all
objectionable emissions such as dust, smoke or odor are confined wholly within the premises, (2)
vibration is not detectable without instruments beyond the property boundaries, and (3) there are
no apparent health or environmental hazards to surrounding properties.
5.20 Drive-through service - In determining the appropriateness of drive-through service, the
Planning Board shall find that (1) there is sufficient on-site vehicle waiting and maneuvering
area; and the drive-through service and its access does not cause (2) excessive fragmentation of
the commercial district, or (3) destruction of the perceived pedestrian continuity of the
commercial district, and (4) does not cause a pedestrian safety problem.
28
Section 6 - SIGN REGULATIONS
6.1 Purpose - These regulations are intended to maintain and enhance the appearance and
aesthetic environment of the town, particularly the village section, and the highway corridors
leading into town, improve pedestrian and traffic safety and minimize the potential adverse
effects of signs on nearby property.
6.2 Permit Requirement and Procedure. Except as expressly provided, no sign shall be
erected, placed, replaced, moved, enlarged or substantially altered without a permit therefore
having first been issued. A permit application, including the required fee, shall be submitted to
the Zoning Code Enforcement Officer together with a set of plans at an appropriate scale
showing the location on the lot, size, color(s), copy, method of illumination (if allowed) and
material(s) proposed. The Zoning Code Enforcement Officer shall review the application, refer it
to the appropriate board, commission and/or department as required or approve, approve with
conditions or deny it. Any conditions or the reason(s) for any denial shall be stated in writing.
The requirements of the Building and Electrical Codes are also applicable to signs.
6.2.1 Sign Measurement
6.2.1.1 Sign Area: The surface area of a sign shall be determined by the
maximum Height of the sign multiplied by the maximum width. The surface area
of a sign shall include all lettering or elements of a sign, accompanying design
and symbols, together with the background, whether open or closed, on which
they are displayed, but not including any supporting framework and bracing
which are incidental to the display itself and which are not designed to attract
attention. Where the sign consists of letters or symbols affixed to a surface or
building, without any distinguishing border, panel or background, the area shall
be considered to be the smallest rectangle or shape that encompasses all of the
letters and symbols. The area of multi-faced signs shall be determined by adding
together the area of all sign faces visible from any one point. When two identical
signs are placed back to back, so that both faces cannot be viewed from any point
at the same time, and when such sign faces are fixed to the same sign structure,
the sign area shall be computed by the measurement of one of the faces. Signage
on an awning shall be measured as a wall sign, except that if the awning is
lighted, the entire awning shall be considered signage, measured by the amount of
wall area that is covered by the entire awning. The total sign area for a property
shall be the sum of the area of all signs located on the property.
6.2.1.2 Sign Height: The height of a sign shall be computed as the distance from
the base of the sign at normal grade to the top of the highest attached component
of the sign. Normal grade shall be construed to be the lower of the grade prior to
construction or the newly established grade after construction, exclusive of any
filling, mounding or excavation solely for the purpose of locating the sign.
29
6.3 Exceptions to Permit Requirement. No permit is required for the following types of
sign but such signs are otherwise subject to the requirements of this ordinance.. Any sign not
complying with those requirements shall be considered to be in violation and subject to
appropriate enforcement action.
6.3.1 Noncommercial signs not exceeding two (2) square feet in area, customarily
associated with a principal residential use. Such signs include nameplates containing occupant
name(s), building number(s) or similar property identification information and signs posted on
private property relating to private parking and warnings regarding trespassing or danger from
animals.
6.3.2 Signs erected by, on behalf of or pursuant to the authorization or direction of a
governmental body including legal notices, identification and informational signs and traffic,
directional or regulatory signs.
6.3.3
Official signs of a noncommercial nature erected by public utilities.
6.3.4 Incidental signs on private property, not exceeding four (4) square feet each,
relative to parking spaces, loading areas, stacking lanes, entry and exit drives, direction of traffic
flow and pedestrian ways. Incidental signs shall not include a business name, logo or other
advertising.
6.3.5 One sign per lot, not exceeding four (4) square feet on a residential lot, containing
the message that the real estate (including buildings) on which the sign is located is for sale,
lease or rent. Such a sign may identify the owner or agent but shall not be illuminated. All such
signs shall be removed immediately after that lot has been sold, leased or rented.
6.3.6 One construction site sign, located on the site, identifying the project, funding
source(s), owner and/or developer, architect, engineer, contractor and subcontractors and
containing information relating to the sale or lease of the premises. Such signs shall not be
illuminated, shall not be erected prior to the issuance of a project building permit and shall be
removed upon completion or discontinuance of construction or no later than thirty (30) days after
the issuance of the Certificate of Occupancy, whichever occurs first.
6.3.7
Building and historic marker signs
6.3.8 Political Signs - Political signs may be erected in connection with an election
campaign. Such signs, however, shall be in accordance with State law, and no sign may be
erected on or in, or affixed to, any public property or right-of-way including, but not limited to,
trees or utility poles in street or highway rights-of-way.
6.4 Prohibitions - All signs not expressly authorized are prohibited. Such prohibited signs
include, but are not limited to, the following:
6.4.1
Billboards and signs that are not related to the principal use or uses of the
30
premises on which the sign is located;
6.4.2
Signs which move or create an illusion of movement;
6.4.3 Signs which are illuminated by, or have as part of their display, any animated,
flashing, intermittent, traveling, tracing or sequential type of light;
6.4.4
Signs which create or emit any noise or sound;
6.4.5 Signs, other than traffic control signs, which use words of warning such as, but
not limited to, “stop,” “yield,” “caution” or “danger,” or that contain red, amber and/or green
lights that may resemble, or be confused with, traffic control signals;
6.4.6
Signs, or any portion of a sign, located on or affixed to a roof;
6.4.7 Signs which impede or obstruct the visibility or lines of sight of vehicle operators
on a public street, at an intersection of two or more public streets or on driveways providing
access to or from lots adjacent to a public street;
6.4.8 Signs, other than those erected by or on behalf of a governmental entity, located
in or on a public right-of-way;
6.4.9 Freestanding signs located in such a manner that any portion thereof is closer than
ten (10) feet, measured horizontally, to any existing window of an adjacent building on a
separate lot;
6.4.10 Signs whose illumination is directed onto adjacent streets or property other than
the lot on which the sign is located.
6.4.11 A-frames, tripod mounted, with or without wheels, trailers, signs mounted in or
on vehicles, or otherwise not permanently affixed to the ground and permitted as a
freestanding sign, unless otherwise specifically allowed.
6.5 Residential, Agricultural and Conservation Districts - The following signs are
permitted in Residential (R-1 and R-2), Agricultural (A) and Conservation Open Space (CO)
zoning districts. Such signs shall only be illuminated by a shielded external white light. No
internal illumination is permitted.
6.5.1 One building or freestanding sign of no more than twelve (12) square feet in area
for each conforming principal nonresidential use provided that there shall be no more than one
freestanding sign per lot;
6.5.2 One sign of up to two (2) square feet in area for an approved home occupation.
(See Section 5.12.);
31
6.5.3 In an Agricultural zoning district permitted industrial uses may have signs of a
type and height that are allowed in an Industrial district provided that the maximum total area of
such signs on any lot shall not exceed three hundred (300) square feet.
6.6 Commercial, Commercial Industrial Flex Zone, Industrial, Residential Small
Business Office Districts - The following requirements apply to signs in Commercial (C),
Industrial (I), Commercial Industrial Flex Zone (CIFZ) and Residential Small Business Office
(RSBO) zoning districts:
6.6.1 In Commercial (C), Commercial Industrial Flex Zone (CIFZ) and Village
Commercial (VC) districts one freestanding sign per lot is permitted in accord with the area and
height limits specified in the Table of Maximum Sign Dimensions.
6.6.2 In a Commercial (C) and Commercial Industrial Flex Zone (CIFZ) districts a
maximum of three (3) building signs are permitted provided that the total area of all signs does
not exceed ten (10) percent of the area of the wall to which to which the signs are affixed.
6.6.3 Any sign that is located within two hundred fifty (250) feet of a Residential (R-1
& R-2), Agricultural (A) or Conservation Open Space (CO) district boundary shall only be
illuminated by a shielded external white light. No internal illumination is permitted.
Table of Maximum Sign Dimensions:
District
Commercial (C)
Commercial Industrial
Flex Zone (CIFZ)
Industrial (I)
Residential, Small
Business Office
(RSBO)
Village Commercial
(VC)
Building Signs
Maximum
Sign Area
(SF)
Freestanding Signs
Maximum
Maximum
Sign Area Per Height
Side (SF)
(ft)
Yard Setbacks
Front
Side
*
65
16
10
**
*
0
65
100
16
16
10
15
**
**
0
8
7
10
10
100
24
8
5
5
* See Section 6.6.2
** The side yard setback
6.6.4 In a Commercial (C) and Commercial Industrial Flex Zone (CIFZ) districts, one
portable A-frame sign per business, not to exceed 3 square feet of sign area per side, may be
placed outside the business, within 10 feet of the building’s entry, while the business is open.
[Note: Any use of public property requires permission of the Board of Selectmen.]
32
6.7 Village Commercial District
6.7.1 Canopy, projecting and wall signs are permitted in the Village Commercial (VC)
zoning district. Canopy signs may cover up to twenty (20%) percent of the area of the canopy
façade.
6.7.2 One projecting sign per lot is permitted in accord with the requirements of the
Table of Maximum Sign Dimensions (VC).
6.7.3 Wall signs are allowed on the basis of (3/4) of a square foot of sign area for each
linear foot of the horizontal dimension of the wall to which the signs are affixed.
6.7.4 The combined (total) area of all canopy, projecting and wall signs may not exceed
a maximum area if one hundred (100) square feet per building.
The design of all signs in this district requires Planning Board approval. Any sign that is located
within two hundred fifty (250) feet of a Residential (R-1 & R-2), Agricultural (A) or
Conservation Open Space (CO) district boundary shall only be illuminated by a shielded external
white light. No internal illumination is permitted.
6.7.5
Table of Maximum Sign Dimensions (VC)
Canopy
Max. Display Area
(per side) (s.f)
Max. Projection
Max. Height
Min. Height
Min. Setback
(all sides)
Projecting
Wall
Freestanding
**
N/A
16
N/A
8
6
12
8
*
N/A
N/A
N/A
24
N/A
8
N/A
N/A
N/A
N/A
5
* See Section 6.7
** Twenty percent (20%) of canopy façade area.
6.7.6 One portable A-frame sign per business, not to exceed 3 square feet of sign area per
side, may be placed outside the business, within 10 feet of the building’s entry, while the
business is open. [Note: Any use of public property requires permission of the Board of
Selectmen.]
6.8 Project Identity Sign - Residential projects, including subdivisions, in any district, may
have one freestanding project identity sign, not to exceed 24 square feet/side, and 8 feet in
height. Industrial or business parks, non-residential-residential mixed-use projects or other
comprehensively planned non-residential project, in any district, may have one freestanding
project identity sign, not to exceed 50 square feet, and 12 feet in height. Project identity signs
shall be approved by Conditional Use Permit to insure their coordination within the project, and
may result in approval conditions affecting other normally allowed signs. Project identity signs
shall not include corporate identity, logos, or other advertising.
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6.9 Nonconforming Signs - Any sign installed prior to 1961, for which a permit was issued
and where the use of the premises has not changed, is a permitted nonconforming sign. Such
signs shall be subject to the following regulations:
6.9.1 No nonconforming sign may be enlarged or altered in structure or materials in any
way which increases its nonconformity.
6.9.2 No nonconforming sign may be relocated to any position which increases its
nonconformity.
6.9.3 If any nonconforming sign is removed or destroyed it shall only be replaced or
reconstructed with a sign that conforms to the provisions of this ordinance.
6.10 Insurance Requirements - Along with the application, or as soon thereafter as it is
available, any applicant for a permit to locate a sign intended to project over a public right of
way shall file with the Town administration office a certificate of insurance indemnifying the
Town against any form of liability. The governing body shall establish the minimum amount of
coverage. No permit shall be issued or be valid prior to the receipt and approval of this certificate
along with appropriate documentation identifying the type, number and contact person for any
policy of insurance offered to provide this indemnification. The permit shall be in effect only so
long as a valid certificate is on file. No policy of insurance shall be regarded as proper
indemnification unless it provides a minimum of forty-five (45) day advance notification to the
Town in the event of cancellation. If the policy lapses or is canceled, without proper replacement
coverage having first been provided the sign shall be removed immediately.
6.11 Directional Sign Standards
6.11.1 Directional signs may be erected in any zoning district provided that they comply
with the following requirements:
6.11.1.1 Such signs may vary in size but shall be of a uniform design as
recommended by the Planning Board and approved by the governing body.
6.11.1.2 Each such sign may include individual nameplates identifying the
institution, landmark or recreational area to which it pertains and the type of
recreation and/or accommodation(s) to be found. The name(s) of privately owned
business establishments shall not be displayed. Governing body approval must be
secured for the wording of each sign
6.11.1.3 The governing body must approve the location of such signs.
6.11.1.4 No approval for any directional sign is valid unless the responsibility for
the cost of constructing, erecting and maintaining each such sign has been clearly
specified.
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6.11.1.5 Each such sign shall be properly maintained at all times. Construction,
erection and maintenance of such signs shall be supervised by the Goffstown
Department of Public Works.
6.11.2 Directional Sign Installation - Directional signs may be constructed and erected
only after a petition for that purpose has been filed with the governing body, a public hearing on
that petition has been duly noticed and held and approval has been granted. Such approval may
only be granted if the petitioner has established to the satisfaction of the governing body that
there is a definite public need for the proposed sign(s), the proposed location(s) is (are) not
contrary to the public health, safety or welfare, the proposed sign(s) will not diminish the value
of surrounding property and the proposed sign(s) does (do) not conflict with the current master
plan.
6.11.3 Directional Sign Removal - Any directional sign shall be removed only after a
petition for that purpose has been filed with the governing body, a public hearing on that petition
has been duly noticed and held and an order for removal has been issued. Such an order may
only be issued if the petitioner has established to the satisfaction of the governing body that there
is no longer a clear public need for the sign(s), that the location of the sign(s) is contrary to the
public health, safety or welfare, that the value of surrounding property is diminished by the
sign(s) and that the sign(s) is (are) contrary to the current master plan.
6.12 Special Event Signs - Special event signs denoting events or activities of, or sponsored
by, civic, charitable, religious, patriotic, fraternal or similar non-commercial organizations are
allowed in Commercial, Commercial-Industrial or Industrial district. Yard, garage or similar
sale signs are allowed, but only on the property at which the sale is to take place. Special event
signs shall not be larger than four (4) square feet if in a Conservation-Open Space, Agricultural,
Residential and Residential-Small Business-Office district, and ten (10) square feet if in a
Commercial, Commercial-Industrial or Industrial district. Any such sign shall be removed no
later than the date specified on the permit for that sign, but in no event later than 30 days from
the date that the sign was erected.
6.13 Temporary Signs - Banners and other temporary signs for commercial establishments,
for some commercial event or meant to be replaced at some future date with a different sign, are
not allowed, except by Conditional Use Permit.
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Section 7 - PARKING AND LOADING REQUIREMENTS
7.1 General Provisions
7.1.1 Applicability - In any district, if any building or structure is constructed or
enlarged or if any use of land is established or changed, off-street parking and loading spaces
shall be provided for the entire use or combination of uses in accordance with the requirements.
7.1.2 Design Approval - Where approval pursuant to the Site Plan Review Regulations
is required for a use in accordance with Section 14.4.2, Subdivision Approval and Site Plan
Review, the driveway, parking lot, and loading area layout and design for said use are subject to
approval as part of the Site Plan Review process; otherwise, all driveway, parking lot, and
loading area layout and designs shall be approved by the Town Engineer. Driveway, parking lot,
and loading area layout and design approvals are inclusive of surfacing, drainage, landscaping,
lighting, setbacks, signing, striping, wheel stops, and guardrails.
7.1.3 Location of Required Parking - The parking spaces required for the uses listed in
Section 7.2.5, Table of Off-street Parking Requirements, shall be provided on the same lot as the
use or uses that they are intended to serve, except as may be otherwise allowed where a
conditional use permit is issued by the Planning Board pursuant Section 7.5, Alternative Parking
Arrangements.
7.1.4 Demarcation Required - Parking spaces, loading spaces, stacking lanes, entry and
exit drives, direction of traffic flow, and pedestrian ways shall be appropriately demarcated with
pavement markings and signs. Signs used for these purposes are subject to the standards and
requirements of Section 6, Sign Regulations.
7.2 Off-Street Parking Requirements
7.2.1 Computation of Number of Spaces Required - Off-street parking spaces shall be
provided in accordance with Section 7.2.5, Table of Off-street Parking Requirements. In
computing total parking requirements for a land use, fractional numbers shall be summed.
Where the sum of the parking space computations results in a fractional number, fractions of
one-half (1/2) or more shall be counted as one (1).
7.2.2 Parking Requirements for Uses not listed - The parking requirement for a use that
does not fall within one of the categories in Section 7.2.5, Table of Off-street Parking
Requirements, shall be as required for the closest similar use, as determined by the Zoning Code
Enforcement Officer.
7.2.3 Requirements Where There Are Multiple Uses or Buildings on a Lot - Where
more than one principal use or more than one structure are located on the same lot, the parking
requirements shall be computed for each use or structure, and the number of spaces provided
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shall not be less than the sum of the number of spaces so calculated, except where a conditional
use permit has been granted by the Planning Board pursuant to Section 7.5, Alternative Parking
Arrangements.
7.2.4 Parking Requirements for Public Assembly Uses - Parking shall be provided for
any use, which involves spectator seating within an area of public assembly, including but not
limited to such uses as a theater, concert hall, auditorium, gymnasium, field house, conference
centers, or banquet room. Where the parking requirement for a public assembly use listed in the
Section 7.2.5, Table of Off-street Parking Requirements, is indicated as a function of seating
capacity, that capacity shall be based on the fixed seating capacity determined under the
requirements of the Life Safety Code.
7.2.5
Table of Off-Street Parking Requirements
Principal Use
Unit of Measurement
A. RESIDENTIAL
Single family dwelling
Dwelling unit
Two - family dwelling
Dwelling unit
Multi-family dwelling
Dwelling unit
Manufactured home
Dwelling unit
Manufactured housing park
Dwelling unit
Multi-family dwelling units for Dwelling unit
the elderly including assisted
living units
Multi-family dwelling units in a Dwelling unit
building accommodating nonresidential uses
B. EDUCATIONAL AND INSTITUTIONAL
Elementary and secondary
Classrooms plus
seating or gross floor
schools
area of public assembly use*
Post secondary schools or
colleges with or without
dormitories
Group child day care center
Churches and synagogues
Cemeteries
Libraries and museums
Minimum Spaces Requited per Unit of
Measurement
Two (2)
Two (2)
Two (2)
Two (2)
Two (2)
One (1)
One (1)
Elementary & JHS: Two (2) per classroom
plus required parking for public assembly
use. High school: Seven (7) per classroom
plus required parking for public assembly
use
Non-residential: Fifteen (15) per classroom
Classrooms plus dormitory
beds plus seating capacity or plus required parking for public assembly
use. Residential: Five (5) per classroom
gross floor area of public
plus one (1) for every two (2) dormitory
assembly use*
beds plus required parking for public
assembly use
Gross floor area
One (1) per one hundred fifty (150) sq. ft.
Seating capacity or gross floor As required for public assembly areas
area of public assembly use*
Gross floor area of office plus One (1) per three hundred (300) square feet
seating capacity or gross floor office plus required parking for public
area of public assembly use*
assembly use
Gross floor area
One (1) per three hundred (300) square feet
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Private membership fraternal
Seating capacity or gross floor As required for public assembly areas
and social organization or club
area for public assembly use*
C. SERVICES: ENTERTAINMENT AND RECREATION
Concert halls or indoor theaters Seating capacity or gross
As required for public assembly areas
floor area for public assembly
use*
Commercial indoor recreational Gross floor area
One (1) per two hundred (200) square feet
facility
Six (6) per green
Golf green
Privately owned outdoor
Two (2) per hole
recreation facility: Golf Course, Miniature golf hole
Three (3) per court
Court
Miniature Golf, Tennis Court,
One (1) per one hundred (100) square feet
Surface water area of pool
Swimming Pool
Campgrounds and youth camps Campsite
One and one-fourth (1.25) per site
Bunkhouses and tent sites
Minimum of six (6) plus two (2) per
bunkhouse plus two (2) per tent site
D. SERVICES: PERSONAL AND BUSINESS
Service uses - general personal
Gross floor area
One (1) per two hundred (200) square feet
and business
Mortuary or funeral home
Seating capacity or gross
As required for public assembly areas
floor area for public assembly
use*
E. SERVICES: MEDICAL, FINANCIAL AND PROFESSIONAL
Hospitals
Licensed beds plus gross
Two (2) per bed, plus one (1) per one
floor area devoted to
hundred fifty (150) square feet of
outpatient or day service
outpatient or day service space
Nursing homes
Licensed occupancy
One half (0.5) per licensed occupant
Offices of health care
Gross floor area
One (1) per one hundred fifty (150) square
practitioners including
feet
outpatient health care
General business, professional, Gross area by floor
One (1) per two hundred (200) square feet
and governmental offices
of 1st floor area; plus one (1) per three
hundred (300) square feet of all other
floors above and below the first floor
Banking and financial services
Gross floor area plus driveOne (1) per two hundred (200) square feet
through lanes
plus five (5) stacking spaces per lane
F. SERVICES: LODGINGS AND RESTAURANTS
Hotels or motels
Inns
Bed and breakfast
Restaurant
Guest rooms
Guest rooms
Guest rooms
Gross floor area, plus for
take-out food counter service,
plus drive-thru windows or
ordering stations
38
One and one tenth (1.1) per room
One and one tenth (1.1) per room
Min. of two (2) plus one (1) per room
One (1) per seventy-five (75) square feet,
plus five (5) spaces when take-out food
counter service is available**, plus five (5)
stacking spaces per window/station
G. RETAIL TRADE (except motorized vehicle and restaurant uses)
Sales of goods and merchandise Gross floor area and outside
One (1) per two hundred (200) square feet
- general
area devoted to display of
goods for sale
Sales of garden supplies with
Gross floor area and outside
One (1) per six hundred (600) sq. ft., plus
extensive outdoor storage of
area devoted to display of
one (1) per three thousand (3,000) square
inventory
goods for sale
feet of outside merchandise display area
Adult video or book store; adult Gross floor area of retail plus One (1) per two hundred (200) square feet
motion picture theater; or adult seating capacity or gross floor retail area plus required parking for public
theater
area of theater
assembly uses
H. MOTOR VEHICLE SALES AND SERVICE
Sales or rental of motor
Gross floor area plus outside
One (1) per six hundred (600) square feet
vehicles, boats, trailers, or
display area
plus one (1) per three thousand (3,000)
recreational vehicles
square feet outside display area
Sales, rental or repair of
Gross floor area plus outdoor One (1) per six hundred (600) square feet
construction equipment
display area, plus number of
gross floor area, plus one (1) per three
repair bays
thousand (3,000) square feet outdoor
display area, plus four (4) per repair bay
Motor vehicle repair, service,
Repair bay
Four (4) per bay
and towing, including body
work
Retail sale of gasoline
Gross floor area plus fuel
One (1) for every two hundred (200)
pump nozzles
square feet plus stacking space of one and
a half (1 1/2) per fuel nozzle
Car washes: Self-service:
Bay or stall
Minimum of two (2) plus two (2) stacking
spaces per bay or stall
Automatic:
Bay or stall
Minimum of two (2) plus five (5) stacking
spaces per bay or stall
Sale and installation of parts
Gross floor areas plus service One (1) per two hundred (200) SF plus two
and accessories
bays or stall
(2) stacking spaces per bay or stall
I. TRANSPORTATION, COMMUNICATIONS AND UTILITIES
Bus, taxi or railroad passenger
Gross floor area
One (1) per one hundred 100 square feet
station
Truck or rail freight terminal
Gross floor area
One (1) per one thousand (1,000) sq. ft.
Heliport
Aircraft tie-downs or storage
One (1) per five (5) tie downs/storage
bays and gross floor area of
bays, plus one (1) per forty (40) square feet
terminal facility
of terminal floor area
Wholesale and distribution
Gross floor area
One (1) per one thousand (1,000) square
facilities
feet
Bulk fuel storage for
Gross floor area
Minimum of two (2) plus one (1) per one
distribution
thousand (1,000) square feet
J. MANUFACTURING AND CONSTRUCTION
Manufacturing, fabrication and Gross floor area
One (1) per five hundred (500) square feet
assembly industries
Materials research and testing
Gross floor area
One (1) per five hundred (500) square feet
laboratories
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Materials recycling and
processing
Gross floor area and outside
storage yard area
Building contractor yards
Yard storage area
K. AGRICULTURAL
Commercial greenhouses
Gross sales area
Stables and equestrian centers
Commercial kennel
Veterinary hospital
Sawmill
Stalls plus seating capacity or
gross floor area of public
assembly use*
Gross floor area
Gross floor area
Employees and sales area
One (1) per five hundred (500) square feet
gross floor area plus one (1) per five
thousand (5,000) square feet of outside
storage area
One (1) per two thousand (2,000) square
feet of yard area
One (1) space per five hundred (600)
square feet of product sales area
One half (0.5) per stall plus required
parking for public assembly area
One (1) per five hundred (500) square feet
One (1) per five hundred (500) square feet
One (1) per employee of largest shift, plus
one space per two hundred (200) square
feet of sales area
*Parking Requirement for Areas of Public Assembly. Whenever a fixed seating capacity can be
determined for an area devoted to public assembly, the required parking shall be computed at the ratio of
one (1) parking space for every three (3) seats. If the public assembly area does not provide for fixed
seating, then the parking requirement shall be computed at the ratio of one (1) space per forty- (40) square
feet of gross floor area.
** Parking Requirement for Take-Out Food Counter Service. This requirement may be waived in part, or
in its entirety, by the Planning Board through its site plan review process.
Accessory Uses
Unit of Measurement
A. Accessory to a Principal Residential Use
Home occupation
Not applicable
Day care home facilities
Minimum or licensed
capacity
Accessory attached dwelling unit
Dwelling unit
B. Accessory to a Principal Non-Residential Use
Farm market or roadside stand:
Acres in cultivation
Strawberries and similar products
Christmas trees and similar products
Apples and similar products
Dwelling unit for resident caretaker
or security personnel
Retail sales accessory to a principal
manufacturing or wholesale use
Minimum Space Required
per Unit of Measurement
Satisfied by dwelling minimum
Minimum of one (1) per facility or
one (1) per 6 children licensed capacity
One (1)
Dwelling unit
Minimum five (5) plus one (1) per acre
Minimum three (3) plus one-fourth (1/4)
per acre
One half (1/2) per acre
Two (2) per unit
Gross floor area
One (1) per two hundred (200) square feet
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7.2.6 Requirements for Stacking Spaces for Drive-Through Facilities - Stacking spaces
for uses incorporating drive-through services shall be located on the same lot as the principal use,
shall not interfere with other required parking and loading spaces or access aisles to said parking
and loading spaces, and shall minimize or avoid conflict with pedestrian circulation and access.
The number of stacking spaces required for individual uses shall be as provided in Section 7.2.5,
Table of Off-Street Parking Requirements, and shall be sufficient to insure that no stacking
occurs within the right-of-way of any adjacent street.
7.2.7 Requirements for Handicapped Accessible Parking Spaces - Handicapped
accessible spaces for vans and passenger cars shall be provided in accordance with the following
standards. One in every eight accessible spaces, but not less than one, shall be designed and
designated for vans.
Table of Requirements for Handicapped Accessible Parking Spaces
Total Spaces In Parking Area
Required minimum number of
accessible spaces
1
2
3
4
5
6
7
8
9
2 percent of total
20 plus 1 for each 100 over 1000
1 to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
501 to 1000
1001 and over
7.3 Parking Area Design Standards - Parking area design shall be regulated by the
following provisions:
7.3.1 Standard Parking Spaces - Each standard parking space shall contain a rectangular
area of at least eighteen and one-half (18.5) feet in length and nine (9) feet in width, except
where the spaces are located parallel to the travel aisles, the length shall be increased to twentytwo (22) feet.
7.3.2 Handicapped Accessible Spaces - Parking spaces for passenger vehicles carrying
handicapped individuals shall contain a rectangular area of at least eighteen and one-half (18.5)
feet in length and eight (8) feet in width, together with an access way of five (5) feet in width
immediately adjacent to the parking space, for a total of thirteen (13) feet in width. Parking
spaces for vans carrying handicapped individuals shall contain a rectangular area of at least feet
eighteen and one-half (18.5) in length and eight (8) feet in width together with an access way of
eight (8) feet in width immediately adjacent to the parking space, for a total of sixteen (16) feet
in width. Two (2) adjacent parking spaces for the handicapped may share one (1) access way.
All handicapped accessible parking shall be designated as such by a sign in accordance with
41
Section 6.3, Exceptions to Permit Requirements, bearing the symbol of accessibility, and located
such that it will not be obscured by a vehicle parked in the space.
7.3.3 Minimum Aisle Width - Aisles in parking lots shall be at least twenty-four (24)
feet in width for two-way traffic. Parking spaces at an angle of less than ninety (90) degrees shall
provide for one-way traffic flow, and aisles shall be provided at the minimum widths shown
below:
Angle To Drive (Degrees)
90
60
45
30
0
Minimum Aisle Width For One-way Traffic
24 feet
18 feet
16 feet
15 feet
15 feet
7.3.4 Driveway Widths - Driveways connecting parking lots to a street or another
parking lot shall be at least twenty-four (24) feet in width for two-way traffic flow and at least
twelve (12) feet in width for one-way traffic flow. No driveway shall exceed twenty-eight (28)
feet in width except where the Planning Board requires a driveway of three (3) lanes or more as
part of the approval of a site plan pursuant to Section 14.4.2, Subdivision Approval and Site Plan
Review.
7.3.5 Setbacks and Restrictions - Except for the use of a driveway for parking in
conjunction with one and two family dwellings, off-street parking shall not be located within the
required front yard in a residential district. In non-residential districts, no off-street parking for
any use shall occur within ten (10) feet of the front lot line. No off-street parking for any use in
any district shall be located within five (5) feet of any side and rear lot lines, except that parking
lots on adjacent parcels may be interconnected.
7.3.6 Surfacing and Drainage - All parking areas and driveways shall have a durable
and dust-free surface that shall be graded and drained so as to continuously dispose of all surface
water. Surfacing materials shall be one of the following: asphalt, nick-pack, crushed stone,
concrete, or crushed bank run gravel.
7.3.7 Illumination - Lighting fixtures used to illuminate parking areas shall direct the
light away from adjacent properties and away from traffic on adjacent streets. Lighting shall be
designed to limit any increase in off-site illumination to a maximum of 0.2 foot-candles as
measured at the side and rear lot lines, except where parking lots are interconnected. (See
Section 8, Outdoor Lighting.)
7.4 Access and Driveway Standards
7.4.1 Restrictions on Backing into a Street - Except in connection with single-family
detached dwellings and two-family dwellings, parking areas shall be designed so that, without
resorting to extraordinary movements, vehicles may enter and exit the parking area without
42
backing within or into a street, and without inhibiting pedestrian safety.
7.4.2 Separation of Driveways in Residential Districts - Driveways entering streets in a
residential districts shall be located at least thirty- (30) feet from street intersections, and at least
forty- (40) feet from other existing driveways on the same lot or an adjacent lot. One (1)
driveway is permitted per lot for the first one hundred (100) feet of lot frontage. One (1)
additional driveway is permitted per lot for each additional one hundred fifty (150) feet of lot
frontage after the first one hundred (100) feet of lot frontage. Where compliance cannot be
achieved with these standards, the Planning Board may grant a conditional use permit pursuant
to Section 7.5, Alternative Parking Arrangements.
7.4.3 Separation of Driveways in Non-residential Districts - Except where a conditional
use permit has been granted by the Planning Board pursuant to Section 7.5, Alternative Parking
Arrangements, the following standards are established in non-residential districts:
7.4.3.1 For all local streets, driveways entering such streets shall be located at
least one hundred twenty-five (125) feet from street intersections, and at least one
hundred (100) feet from other existing driveways on the same lot or an adjacent
lot. One (1) driveway is permitted per lot for the first one hundred fifty (150) feet
of lot frontage. One (1) additional driveway is permitted per lot for each
additional one hundred fifty (150) feet of lot frontage after the first one hundred
fifty (150) feet of lot frontage.
7.4.3.2 For all collector and arterial streets, driveways entering such streets shall
be located at least two hundred (200) feet from street intersections, and at least
two hundred (200) feet from other existing driveways on the same lot or an
adjacent lot. One (1) driveway is permitted per lot for the first three hundred
(300) feet of lot frontage. One (1) additional driveway is permitted per lot for
each additional three hundred fifty (300) feet of lot frontage after the first three
hundred (300) feet of lot frontage.
7.4.4 Measurement of Separations - The separation between public street intersections
and driveways is measured from the point of intersection of the nearest edge of each of the street
rights-of-way to the nearest edge of the driveway where it intersects with the right-of-way line.
The separation between driveways is measured from the nearest edge of each driveway where it
intersects with the street right-of-way.
7.5 Alternative Parking Arrangements - In order to provide for more flexible alternatives to
satisfy the parking requirements of this Section, the Planning Board may issue a conditional use
permit for one or more alternative parking arrangements in the following circumstances.
7.5.1 Off-Site Parking - Off-site parking may be authorized at a distance of no more
than five hundred (500) feet from a principal use where the Planning Board finds that such offsite parking is appropriate for the characteristics and location of the use, and that the off-site
parking can be provided without detriment to pedestrian and traffic safety. The off-site parking
43
must be located in the same district as the principal use, or in another district in which the
principal use is permitted by right, special exception or conditional use permit. The off-site
parking must be permanently related to the principal use by easement, condominium declaration,
or other recordable binding and recordable legal instrument, or a long-term lease that is
coterminous with the principal use.
7.5.2 Construction of Fewer Parking Spaces - Authorization may be granted to
construct fewer parking spaces than are required by 7.2.5, Table of Off Street Parking
Requirements, provided that a sufficient land area is allocated and shown on a site plan for the
full number of spaces required. Such authorization may be granted where the Planning Board
finds that actual parking demand, the presence of public transportation, or other factors indicate
that a lower number of parking spaces will sufficiently accommodate the parking needs of the
principal use. Within the RSBO, VC and C districts, the Planning Board may waive some or all
of the parking requirement for the preceding reasons or in the event that there is believed to be
sufficient parking in public parking lots, from on-street parking or from shared parking
arrangements as described in Section 7.5.3, or from any combination thereof.
7.5.3 Shared Parking Arrangements - Two (2) or more principal uses may share parking
spaces, either on a lot with one of the principal uses or on a site that is independent of all of the
principal uses
7.5.3.1 Standards to be met for shared parking include:
7.5.3.1.1 Parking spaces are within five hundred (500) feet of all principal uses
sharing said spaces;
7.5.3.1.2 Parking spaces are located in the same zoning district as the principal
uses, or in another zoning district in which the principal uses are permitted by
right, special exception or conditional use permit
7.5.3.1.3. Parking spaces must be permanently related to each principal use by
easement, condominium declaration, or other recordable binding and recordable
legal instrument, or a long-term lease that is coterminous with the respective
principal use, and
7.5.3.1.4 The parking spaces shall not be designated as being limited to any of
the shared uses; however, spaces may be designated as being reserved for
customers, in contrast to employees. Handicapped designations requirements are
not affected by this provision.
7.5.3.2 The total required number of spaces required depend upon the total
number of spaces involved in the shared arrangement.
7.5.3.2.1 If the total number of spaces involved after the shared arrangement
calculation has been made is less than 100, than the number of parking spaces
44
may be reduced provided the Planning Board finds that the characteristics of the
principal uses are such that the parking spaces will be occupied at different times
by the respective uses that are sharing them, and that concurrent attempts at
occupancy of the spaces will not occur.
7.5.3.2.2 If the total number of parking spaces involved after the shared
arrangement calculation has been made is 100 or more, than the number of
parking spaces may be determined by multiplying the minimum number parking
requirements for each individual use by appropriate percentages as set forth below
for each of the five designated time periods and then adding the resulting sums
from each vertical column. The column having the highest total value is the
minimum required parking space requirement for shared parking arrangements.
WEEKDAY
USE
WEEKEND
NIGHT
DAY
EVENING
DAY
EVENING
Midnight to
7:00 a.m.
7:00 a.m. to
5:00 p.m.
5:00 p.m. to
Midnight
6:00 a.m. to
6:00 p.m.
6:00 p.m. to
Midnight
5%
5%
70%
10%
10%
100%
90%
70%
50%
50%
10%
50%
100%
100%
60%
10%
100%
70%
50%
50%
5%
70%
100%
100%
60%
10%
5%
100%
100%
40%
100%
60%
100%
100%
20%
100%
100%
80%
20%
100%
100%
100%
5%
100%
100%
Office & Industrial
Retail
Hotel/Motel
Restaurant
Restaurant Associated with
Lodging
Entertainment & Recreation
Day Care
Housing
All Others
7.5.4 Driveway Separation Alternatives - Where compliance cannot be achieved with
the standards for driveway separation as contained in this Section, the Planning Board may
permit a reduction in the dimension or dimensions that cannot be achieved in order to allow the
establishment of driveway access to a lot, provided that the Board finds that the reduction in
dimension is the most minimal reduction which will still allow the access to be established to the
lot while minimizing to the greatest extent possible the potential conflicts of turning movements
into and out of the driveway with other turning and through traffic movements on the adjacent
street. In granting the permit, the Board may mandate the sharing of driveways and may
establish conditions relative to the width of driveways, the number of entry and exit lanes, the
installation or expansion of medians, the construction of turning and bypass lanes, the
installation or modification of signals, and other such conditions that will promote the safe and
efficient movement of traffic.
7.6 Off-Street Loading Requirements
7.6.1 Table of Off-street Loading Requirements - In order to accommodate the delivery
or shipment of goods or merchandise to a principal use, off-street loading spaces shall be
provided in accordance with the following Table of Off-street Loading Requirements. Where
more than one principal use or more than one structure are located on the same lot, the loading
45
space requirements shall be computed for each use or structure, and the number of spaces
provided shall not be less than the sum of the number of spaces so calculated for each use or
structure. The loading space requirement for a use that does not fall within one of the categories
in Table of Off-street Loading Requirements shall be as required for the closest similar use, as
determined by the Zoning Code Enforcement Officer.
TABLE OF OFF-STREET LOADING REQUIREMENTS
Gross Floor Area and Spaces Required
Principal Land Use
Under
5,001
Manufacturing
0
Freight Terminals
1
Warehousing
1
Retail
0
Financial & Prof Services
0
All Other Services
0
Educational &
0
Institutional
Residential
0
500120,000
1
1
1
1
0
0
0
20,00160,000
2
2
2
1
1
1
1
60,001100,000
3
3
3
2
2
2
1
100,001150,000
4
4
4
3
2
3
2
Over 150,000
For Each
1
1
1
1
1
1
1
0
1
2
3
1
7.6.2 Location of Loading Spaces - Loading spaces shall in all cases be located on the
same lot as the principal use that they are intended to serve and may be located within the
building containing the principal use. The area for required loading spaces shall not be used to
satisfy parking space requirements, and vice-versa. Loading spaces shall be designed to allow a
delivery vehicle to maneuver safely and conveniently to and from an adjacent street, and to
complete the loading and unloading operation without obstructing or interfering with on-site fire
lanes, parking spaces, or access aisles, and without any maneuvering, backing or standing on any
street. With the exception of loading spaces at warehousing and freight terminal uses, all loading
spaces shall be located at the side or rear of the building intended to be served. In the Village
Commercial (VC) District, the Planning Board may grant a conditional use permit to allow
loading to occur within the right-of-way of an adjacent street where the Board finds that the
loading can not occur on the lot with the principal use in accordance with the requirements of
this Section, and that the on-street loading will occur at off-peak hours and in a manner that will
not disrupt or endanger vehicular and pedestrian traffic.
7.6.3 Design Standards - Each loading space shall be of a minimum width of fourteen
(14) feet, have a minimum height clearance of fourteen (14) feet above grade, and contain an
area of not less than one thousand (1,000) square feet, including space for maneuvering.
7.6.4 Surfacing and Drainage - Loading areas and access driveways shall be surfaced
with a durable and dustless material, which shall be graded and drained so as to continuously
dispose of all surface water, in accordance with the requirements of Section 7.3.6, Surfacing and
Drainage.
7.6.5
Setbacks - No loading space in a non-residential district shall be located within
46
fifty (50) feet of a residential district boundary or within fifty (50) feet of the lot line of an
abutting residential use within a residential district. No loading space in any district shall be
located within ten (10) feet of any property line.
7.6.6 Screening - Where loading areas are located within or abutting a residential
district, a solid fence not less than six (6) feet nor more than eight (8) feet in height shall be
erected and maintained in good condition around the loading area, and a landscaped buffer shall
be established between such loading area and any adjacent lot lines from which the loading area
is visible. The landscaped buffer shall be a year-round visual barrier that is created at a
minimum height of six (6) feet and a depth of at least ten (10) feet from each such lot line.
7.6.7 Illumination - Lighting fixtures used to illuminate loading areas shall direct the
light away from adjacent properties and away from traffic on adjacent streets. Lighting shall be
designed to limit any increase in off-site illumination to a maximum of 0.2 foot-candles as
measured at the lot lines. (See Section 8, Outdoor Lighting.)
7.7 Parking and Storage of Recreational Vehicles - No recreational vehicles shall be
parked or stored in a residential district except in a carport or enclosed building or in the rear
yard area. No such equipment shall be used for living, sleeping, or housekeeping purposes.
7.8 Parking and Storage of Unregistered Vehicles - In any district, not more than two
unregistered motor vehicles or trailers shall be parked or stored, except in enclosed buildings, or
in areas that have been designated for such parking and/or storage by Planning Board approved
site plans, or in a residential district approved by Special Exception by the ZBA, subject to
appropriate screening, setback and other conditions, or less than 4 vehicles or trailers are stored
in a location and manner approved by the zoning administrator. As used herein, unregistered
motor vehicle or trailer shall mean a motor vehicle or trailer that would be subject to state
vehicle registration if operated or transported on public highways, but which does not have a
current valid number plate, or plates attached.
7.9 Parking and Storage of Certain Vehicles in a Residential District - No vehicle with a
gross vehicle weight rating (GVWR) of more than twenty-six thousand (26,000) pounds shall be
parked or stored in a residential district other than registered farm vehicles operated by a farmer
within a one hundred fifty (150) mile radius of his farm, emergency vehicles of a fire
department, military vehicles operated in an official capacity, and recreational vehicles.
47
Section 8 - Outdoor Lighting
8.1 Purpose - It is the intent of this section to maintain Goffstown’s character and to prevent
further reduction of visibility of the night sky, to insure efficient use of lighting, and to reduce
unsafe or annoying lighting conditions.
8.2 Location and Height - Any new outside lighting whether for area illumination, sign
illumination, building illumination, or other purpose, 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 light source shall not exceed 25 feet.
8.3 Light Projection - Any new outside lighting, whether for area illumination, sign
illumination, building illumination, or other purpose, shall project no more than 3% of its light
rays above the horizon from the lamp, its lens structure or any associated reflector. In addition,
any new lighting greater than 20 foot-candles on the ground requires the submission of a detailed
engineering lighting plan.
8.4 Exceptions - Exceptions include all temporary lighting required for public or private
construction projects, all temporary emergency lighting related to police, fire or other emergency
services, all hazard warning luminaries required by Federal regulatory agencies, to the degree
and extent required, and all seasonal, decorative lighting displays using multiple low wattage
bulbs. The Planning Board may grant exceptions for outdoor recreational facilities and for
historic purposes by Conditional Use Permit.
48
TOWN OF HOOKSETT
ARTICLE 12
MIXED USE DISTRICT 1 – MUD1
A building may be erected, altered, or used and a lot may be used or occupied for any of the
following purposes and in accordance with the following provisions:
A.
Permitted Uses
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
B.
Permitted Uses by Special Exception
1.
2.
C.
Retail store
Personal services business
Business and professional offices
Research and/or testing laboratories
Hotels and motels
Restaurant, exclusive of drive-up
Indoor movie theaters
Banks
Parks and recreational facilities
Accessory use
Public Utility Facilities
Wireless Communication Facilities (See Article 28)
Lot Area Required
The lot area shall not be less than forty-four thousand (44,000) square feet for each use and
the frontage of such lots shall not be less than two hundred (200) feet.
D.
Yards Required
1.
There shall be a front yard on each lot, which shall be not less than thirty-five (35)
feet in depth measured from the edge of the public right-of-way to the foundation of
the structure.
2.
Each side yard shall be not less than twenty-five (25) feet measured from the
adjoining lot line to the foundation of the structure.
3.
There shall be a rear yard on each lot the depth of which shall not be less than twenty
(20) feet measured from the adjoining lot line to the foundation of the structure.
4.
On each corner lot there shall be a front yard, which shall be no less than thirty-five
(35) feet in depth measured from the edge of the street right-of-way to the foundation
of the structure, exclusive of steps, on each frontage of the lot along any public
highway, or on any private street which is shown on an approved Subdivision Plan or
which provides access to other properties;
35
a)
b)
c)
d)
E.
for a lot fronting two streets, there shall be two (2) such front yards, and two
side yards;
for a lot fronting on three streets, there shall be three (3) such front yards and
one side yard;
for a lot fronting on four streets, there shall be four (4) such front yards; and
similar for more complex lots.
Percentage of Lot Coverage
Not more than 75 percent of the area of any lot shall be occupied by buildings, except when
authorized as a Special Exception by the Zoning Board of Adjustment.
F.
Parking
When applicable, the provisions of Article 17 shall apply.
G.
Buffer Zone
A natural vegetation buffer zone of seventy-five (75) feet shall be maintained between any
abutting Residential District or State highway. As a part of this buffer, a dense screen at least
fifteen (15) feet in width shall be maintained suitably by the owner. In order to maintain
dense screen year round, at least fifty (50) percent of the plantings shall be evergreens.
Existing natural growth may be included as part of the buffer. No penetration of this buffer
zone shall be allowed. With the approval of the Planning Board, a suitable combination of
other elements may be incorporated within the buffer.
H.
Height
Building height shall not exceed thirty-five (35) feet when a Hooksett Fire Department ladder
truck is unavailable. If a Hooksett Fire Department ladder truck is available, no building
shall exceed seventy-five (75) feet in height. (Amended 5/8/01)
(end of Article 12)
36
ARTICLE 13
MIXED USE DISTRICT 2 – MUD 2
A.
(Adopted 5/9/00)
STATEMENT OF INTENT
The purpose of the Mixed Use District 2 (MUD 2) is to promote efficient use of land, provide
for flexible design and development, allow various densities and land uses, and integrate the
surrounding community, while respecting the natural features and scenic beauty of the land.
This shall be accomplished by permitting a wide range of densities and uses to be developed
in accordance with a "MUD 2 Master Plan," which shall include the proposed location and
phasing of the various uses and densities.
For purposes of the Mixed Use District 2 (MUD 2) the following definitions shall apply:
B.
1.
Applicant - one who submits a MUD 2 Master Plan for land held in common
ownership at the time of the initial MUD 2 Master Plan.
2.
Developer - one who proposes to subdivide land and/or to develop an approved
subdivision in accordance with an approved MUD 2 Master Plan.
3.
Net Usable Acreage - shall be defined as the gross area (total number of acres),
commonly owned, within the District, minus very poorly drained soils, marshes, open
water, roadways and associated rights-of-way, and easements which prohibit
development.
4.
Common Open Area - shall refer to any tract of land intended to be used in common
primarily by residents within an individual subdivision and shall include the area
designated as "open" in any clustered subdivision.
5.
Designated Conservation Areas - shall refer to areas designated by the applicant or
developer that shall permanently remain in their natural state and may include one or
a combination of the following: open water, wetlands, marsh, unique or endangered
wildlife habitats, wildlife corridors, archeological sites, and cemeteries. Any
alteration of land or drainage shall be solely for the benefit of wildlife habitats and
natural resource protection.
Three General Use Categories of Development
All development within this District shall be classified as one of the following general use
types: (a) industrial/commercial, (b) residential, or (c) public use. The uses and densities
allowed within each of these three categories are more fully defined in Sections G and H
below.
1.
Industrial/Commercial: Not more than fifty (50) percent nor less than twenty-five
(25) percent of the net usable acreage shall be developed for industrial or commercial
use.
37
C.
D.
2.
Residential: Not more than seventy-five (75) percent nor less than fifty (50) percent
of the net usable acreage shall be developed for residential use.
3.
Public Use: The applicant shall, from time to time dedicate such amounts of net
usable acreage for public use as is determined pursuant to Section D, but in no event
shall such dedication(s) exceed ten (10) percent of the total net usable acreage.
Open Space
1.
A minimum of thirty (30) percent of the gross area (total number of acres) within the
District shall be retained as "Open Space." Open Space may include common open
areas, perimeter Open Space, buffers between various uses or densities, open public
use land, private or public recreation areas, easements which prohibit development,
very poorly drained soils, marsh, open water, historic sites or other features which
will enhance the value of the site, reduce adverse impacts and otherwise be an asset
to the community.
2.
For purposes of this Article, the term "Open Space" shall exclude open area in the
private yards of residential units.
3.
Designated open space, common open space and designated conservation areas shall
be protected by assurances, acceptable to the Planning Board that preserve and
maintain the open character of such land in perpetuity.
Public Use
1.
The applicant and/or individual developers shall from time to time furnish to the
Town a deed or deeds, in consideration, of the benefits conferred by the approval of
the Master Plan by the Planning Board and the burdens imposed by the development
of the Master Plan, conveying certain amounts of land for public use, in accordance
with the MUD 2 Master Plan and/or as reasonably required by the Planning Board as
sites for additional public services occasioned by the development of the various
subdivisions within the district. The land shall be selected by the applicant and/or
developer, but must be suitable from the standpoint of size, location, topography, and
to the public purpose for which it is to be used.
2.
The amount of land required to satisfy the requirements of this Section shall be one
and one-half (1.5) net usable acres per one hundred (100) approved dwelling units or
one (1) net usable acre per thirty (30) net usable acres of approved industrial or
commercial uses.
3.
The total amount of net usable acreage dedicated for public use shall not exceed ten
(10) percent of the total net usable acreage in the District irrespective of whether it is
dedicated by the applicant or developers.
4.
The Public Use obligation imposed upon the applicant or developer and the timing as
to the transfer of title of required parcels shall be satisfied in whole or in part by
written agreement between the applicant or developer and the Planning Board.
5.
Failure of the applicant or developer to comply with the requirements of the Section
shall be grounds for withholding approval of any pending or future subdivision plan.
38
Any Public Use land contribution made by the applicant or developer after the
effective date of the ordinance shall be credited toward the requirements of this
Section.
E.
6.
For the purpose of this section, land dedicated for public streets, including local and
collector roadways, as defined in the Hooksett Subdivision Regulations, shall not be
classified as Public Use land or counted as such. However, one-half of the net usable
acreage required for any multi-lane arterial roadway shall be classified as Public Use
land for the purpose of this section and counted as such.
7.
In the event that the State of New Hampshire, Merrimack County, or the Town of
Hooksett shall directly or indirectly establish any type of impact fee Law, Ordinance,
rule, regulation, By-Law, or any other measure requiring either the applicant or
developer to make any contribution to the State, County or Town in relation to
existing or purposed development or subdivision, the fair market value of certain
Public Use land dedicated pursuant to this section shall be offset against any such
contributions. For the purpose of this paragraph, only the following types of
dedicated Public Use lands shall offset impact fee contributions: municipal parks and
playgrounds, and land for schools or other municipal buildings and facilities,
specifically excluding any public use lands dedicated for streets, roadways,
sidewalks, and their associated rights-of-way.
Mixed Use District 2 (MUD 2) Master Plan
Before any subdivision is allowed within this District the applicant shall submit three (3)
copies of the MUD 2 Master Plan.
1.
Purpose - The purpose and design of the MUD 2 Master Plan shall establish a sense
of community by integrating the proposed mixed uses and infrastructure of the
District with existing municipal development, utilities and services.
2.
Procedure - MUD 2 Master Plan shall be construed as a planning instrument to be
utilized by the applicant and the Planning Board.
The Planning Board must approve the MUD 2 Master Plan, before the applicant or
any developer may subdivide any parcel within the District. Said approval shall not
be unreasonably withheld provided the applicant has followed the parameters
outlined by the provisions of this Ordinance applicable to the MUD 2 Master Plan.
The MUD 2 Master Plan shall be kept on file with the Planning Board and all
subdivisions shall generally follow the uses, densities, locations, and phasing
contained therein. The Planning Board may allow deviation from the MUD 2 Master
Plan during the subdivision and/or non-residential site plan approval process when it
deems it to be in the best interest of the community and consistent with the overall
purpose of this District.
3.
Format - The MUD 2 Master Plan shall be prepared by a licensed surveyor, engineer,
architect, landscape architect, or planner. A scale of one (1) inch equals three
hundred (300) feet may be used so that the entire parcel can be shown on one piece of
paper. The MUD 2 Master Plan shall include:
39
a)
An insert map at a scale of not less than one (1) inch to one (1) mile, showing
property in relation to surrounding roads, subdivisions, or major landmarks.
b)
A North arrow.
c)
The location of existing property lines, very poorly drained soils, marsh,
open water, existing roads and utilities which are within or adjoin the
property, easements which prohibit development, and abutting uses.
d)
The appropriate boundaries of each section by category of general use and
density; the approximate location of proposed major streets and
rights-of-way and other infrastructure requirements including water, sewer,
and other utilities; the approximate location of recreation areas and open
space; and areas proposed for dedication to Public Use.
Open space shall be located so as to enhance the living environment of the
proposed development. Generally, this shall mean that open space shall be
distributed throughout the site and not aggregated in large areas that provide
little or no benefit to the individual uses or the development at large. Each
section of the MUD 2 Master Plan shall be designated as follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
e)
The MUD 2 Master Plan, along with the accompanying text and tables, shall
contain the following information:
(1)
(2)
(3)
(4)
(5)
f)
Industrial use.
Commercial use.
Density A. Residential.
Density B. Residential.
Density C. Residential.
Density D. Residential.
Public Use.
Open Space Use, including proposed Designated Conservation
Areas.
The gross or total number of acres within the district.
The use of each section or area.
Approximate phasing.
The approximate square feet of floor space for commercial and/or
industrial areas and the approximate number of dwelling units and
densities for residential areas.
The approximate total acreage and the approximate net usable
acreage of each use.
Proposed language acceptable to the Planning Board on the guarantees and
assurances to be provided for the maintenance of open space, common areas,
recreation areas, sidewalks, parking, private streets, and other privately
owned, but common facilities.
40
4.
F.
Substantial Revisions - for purposes of this subsection, "substantial revisions" shall
be determined by the Planning Board. Substantial revision of an approved MUD 2
Master Plan may occur in two ways:
a)
The applicant may from time to time come before the Planning Board with a
proposed substantial revision of the MUD 2 Master Plan. In the event that
the applicant shall convey in excess of fifty (50) percent of its title and
interest in the total number of acres owned by it at the time of the original
submission of a MUD 2 Master Plan, to any one person or entity, such
person or entity, shall be deemed to be the applicant for purposes of this
Subsection 4.
b)
If the applicant or a developer proposes a subdivision, which substantially
and materially differs from the existing MUD 2 Master Plan, the Planning
Board may require the applicant to revise the MUD 2 Master Plan before
approving such a subdivision.
Community Impact Statement
The subdivision of any parcel of land within the MUD 2 Master Plan shall require that the
developer submit a Community Impact Statement, which shall describe the probable effects
of the proposed subdivision upon the community. The Community Impact Statement for
each subdivision shall additionally address the cumulative community impact of the
subdivision combined with all other approved subdivisions within the MUD 2 Zoning
District. Further, the developer of any subdivision which is still under construction or
incomplete five (5) years from the date of its original municipal subdivision approval shall
resubmit a Community Impact Statement to the Planning Board. At a minimum, each
Community Impact Statement shall address the following topics:
1.
Adequacy of existing public infrastructure and services required by the subdivision.
Analysis shall be made of sewer, water, schools, fire stations, and other major
locally-financed facilities.
2.
Additional on-site and off-site public facilities or services, which would be required
as a result of the subdivision.
3.
Traffic to be generated by the project; the existing and projected capacity of
surrounding roads and specific road improvements necessary.
4.
Fiscal impact of the proposed project on the municipal capital and operating budgets,
such as estimated tax revenues to be generated, versus the cost of public
improvements to be financed by the local or state government.
5.
Impact of construction and permanent changes in land use upon surrounding
property, such as aesthetics and storm water drainage.
6.
Employment opportunities to be generated by the subdivision.
41
G.
Uses
All uses in the MUD 2 Master Plan shall be classified in one of the four general use
categories listed in Section B, including but not limited to, the following allowed uses:
1.
Industrial/Commercial Uses
a)
Industry and Manufacturing non-nuisance as defined in Article 21.
b)
Office/Technology park.
c)
Truck and/or freight terminals.
d)
Warehouse in excess of 100,000 square feet.
e)
Auto body shops.
f)
Neighborhood convenience stores as defined in Article 21.
g)
Lodging houses, hotels, inns, motels, tourist courts, cabins, including such
retail businesses within these permitted buildings as are conducted for the
convenience of the residents or guests.
h)
Shops and other retail establishments.
i)
Garages, parking lots, and motor fuel dispensing stations, excluding motor
vehicle body shops, with the exception of those motor vehicle body shops are
an integral part of a motor vehicle dealership. (Amended 5/14/02)
j)
Business and professional offices, banks.
k)
Theaters, halls, clubs, amusement centers, and private recreational facilities.
l)
Greenhouses and florist shops.
m)
Undertaking establishments.
n)
Wholesale establishments and warehouses.
o)
Restaurants.
p)
Drive-ups.
q)
Privately operated child day care, adult day care, day nurseries and
kindergartens.
r)
Nursing homes (for long-term patient care, residential treatment, and
rehabilitation facilities).
s)
Hospitals, sanitariums, convents, and non-residential health centers.
42
2.
3.
t)
Institutions of higher education.
u)
Non-municipal elementary and secondary schools.
v)
Any other uses similar to the industrial/commercial uses permitted in this
section, which fit the spirit and character of the area for which they are
proposed.
Residential Uses
a)
Single family dwellings. Clustering of single family dwellings may be
allowed under the provisions of Article 8.
b)
Two family dwellings provided they are served by municipal sewer.
Clustering of two family dwellings may be allowed under the provisions of
Article 8.
c)
Multi-family dwellings provided they are served by municipal water and
municipal sewer. Clustering of multi-family dwellings shall be allowed
under the provisions of Article 8.
d)
Housing for the elderly and/or handicapped, including but limited to the
following:
(1)
Shared Housing Residence as defined by the State of New
Hampshire.
(2)
Community Residences as defined by the State of New Hampshire.
(3)
Sheltered Care Residence as defined by the State of New Hampshire.
(4)
Congregate Housing.
(5)
Manufactured Housing Parks in accordance with the provisions of
Article 9 and subdivisions for Manufactured Housing, provided that
the total amount of land for said uses shall not, in the aggregate,
exceed ten (10) percent of the total net usable acres.
(6)
Any other uses similar to the residential uses permitted in this section
which fit the spirit and character of the area for which they are
proposed.
Public Use
a)
Municipally operated recreational and community center buildings.
b)
Municipal buildings and Municipal schools.
c)
Municipal parks, playgrounds and other Municipal uses.
d)
Churches, synagogues and parish houses.
43
e)
4.
Any other uses similar to the public uses permitted in this section which fit
the spirit and character of the area for which they are built.
Other Uses
a)
Essential Public Utilities
Essential public utilities may be allowed by special exception provided that
the installation of same does not create a nuisance or hazard to adjoining
property uses and further provided that such facilities are designed such that
they are architecturally compatible with the neighborhood or are adequately
screened by existing or proposed vegetation. Any such utility shall be
classified as either an industrial or commercial use as determined in the
discretion of the Planning Board.
b)
Home Occupation
Home occupations shall be allowed in any Density A. and Density B.
residential density areas within MUD 2 in accordance with the provisions of
Article 4.
c)
H.
Wireless Communication Facilities (See Article 28)
Densities and General Design Requirements
1.
Industrial/Commercial
Industrial/commercial uses shall be included in the MUD 2 District as required in
Section B. They shall be located in well-planned industrial/commercial areas and so
designated on the MUD 2 District Master Plan. All industrial/commercial uses shall
be serviced by municipal water and municipal sewer systems.
Industrial development shall conform to the minimum requirements for industrial
development as outlined in Article 11, Section B, Subsections 4-7, C, D, and E of the
Zoning Ordinance. Industrial activities shall be of such a nature and conducted so
that the effect of noise, dust, light, or odor shall not extend beyond the limits of the
industrial area. Building height shall not exceed thirty-five (35) feet when a Hooksett
Fire Department ladder truck is unavailable. If a Hooksett Fire Department ladder
truck is available, no building shall exceed seventy-five (75) feet in height. (Amended
5/8/01)
Commercial development shall conform to the minimum requirements for
commercial development as outlined in Article 10, Sections B through D, and F
through H of the Zoning Ordinance. Clustering of commercial buildings may be
allowed where such groupings are consistent with the safety of the users of the
development and are further consistent with the overall intent of this Article.
44
The size and scale of commercial uses shall be compatible with the surrounding uses.
Building height shall not exceed thirty-five (35) feet when a Hooksett Fire
Department ladder truck is unavailable. If a Hooksett Fire Department ladder truck is
available, no building shall exceed seventy-five (75) feet in height. (Amended 5/8/01)
2.
Residential
a)
Four Residential Densities
The number of dwelling units, which may be constructed, shall be
determined by the number of net usable acres available for residential use, as
outlined in Section B, and the types of residential development included.
Residential Development areas in the MUD 2 may include four (4) density
types:
(1)
Density A. - Not more than sixty (60) percent of the net usable
acreage dedicated to residential use, shall be Density A., so as not to
exceed one unit per 87,120 square feet. Density A. Residential
Areas are restricted to single family detached dwellings and their
accessory uses.
(2)
Density B. - Not more than sixty (60) percent of the net usable
acreage dedicated to residential use shall be Density B., so as not to
exceed one (1) unit per 12,000 square feet in areas where the unit is
served by municipal water and municipal sewer; not to exceed one
(1) unit per 22,500 square feet in areas where the units are served by
municipal water or municipal sewer; and not to exceed one unit per
44,000 square feet in areas where no municipal water or municipal
sewer are available. All dwelling units, except single-family
detached dwelling, must be serviced by both municipal water and
municipal sewer.
(3)
Density C. - Not more than sixty (60) percent of the net usable
acreage dedicated to residential use shall be Density C., so as not to
exceed eight (8) units per acre. All dwelling units within the Density
C. area shall be serviced by municipal water and municipal sewer.
(4)
Density D. - Not more than sixty (60) percent of the net usable
acreage dedicated to residential use shall be Density D., so as not to
exceed eighteen (18) units per acre. All dwelling units within the
Density D. area shall be serviced by municipal water and municipal
sewer.
The actual density and number of units will be determined in
accordance with the MUD 2 Master Plan, but subject to the
limitations contained herein.
b)
Maximum Number of Units
45
Maximum number of residential units, a total for all densities, shall not
exceed four hundred (400).
c)
Height, Lot Coverage, and Yard Requirements
All dwelling units constructed in the MUD 2 District shall conform to the
building height limitations and maximum lot coverage and yard
requirements, as herein below specified for corresponding uses and zones.
Density A. - Sections D, E, and F of Article 4; Low Density Residential
District;
Density B. - Sections D, E, and F of Article 5; Medium Density Residential
District;
Density C. - Sections D, E, and F of Article 5; Medium Density Residential
District;
Density D. - Sections D, E, and F of Article 6: High Density Residential
District; and
Elderly/Handicapped Housing - Sections A, B.1, B.2c, d and e, and B. 3-7 of
Article 7: Elderly and/or Handicapped Housing.
Building height shall not exceed thirty-five (35) feet when a Hooksett Fire
Department ladder truck is unavailable. If a Hooksett Fire Department
ladder truck is available, no building shall exceed seventy-five (75) feet in
height. (Amended 5/8/01)
d) Buffer Zone
An appropriate buffer zone shall be
Industrial/Commercial use and Residential use.
4.
provided
for
between
Public Use
The densities and general design requirements for Public Use Land shall be the same
as those required for Commercial under Section H, 2 herein.
5.
Frontage Requirements for MUD 2
Every fee simple lot shall have frontage on a State or Town maintained road of Class
V designation or better. Frontage shall be a minimum of 100 feet. Frontage
requirements may be satisfied by providing two (2) fifty (50) foot rights-of-way
serving to access the lot. Zero lot line subdivisions or subdivisions in which the land
under a structure is owned in fee by the owner of the structure while the land
surrounding the structure and the underlying land is owned in common by an
association of the landowners will be allowed. The minimum frontage required for
the zero lot line subdivision, as a whole, will be the same as any other fee simple lot.
46
No frontage will be required for the land under structures within the zero lot line
subdivision even though those parcels will be held in different ownership.
I.
Types of Ownership
1.
The following types of ownership shall be allowed in MUD 2
a)
b)
c)
d)
e)
f)
g)
J.
All fee simple type ownerships.
Condominium.
Land lease.
Use easements.
Zero lot line subdivision with fee simple.
Multiple buildings on one (1) lot when not restricted by any other subsection
of this Article.
Cooperative ownership.
Parking Requirements
Where applicable, the requirements of Article 17 shall apply.
(end of Article 13)
47
ARTICLE 14
MIXED USE DISTRICT 3 – MUD3
A building may be erected, altered, or used and a lot may be used or occupied for any of the
following purposes and in accordance with the following provisions:
A.
Permitted Uses
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
B.
Permitted Uses by Special Exception
1.
2.
3.
4.
5.
6.
C.
Retail store
Personal services business
Business and professional offices
Research and/or testing laboratories
Hotels and motels
Restaurant, exclusive of drive-up
Indoor movie theaters
Banks
Parks and recreational facilities
Accessory use
Motor fuel dispensing stations
Public utility facilities
Outdoor sales and services excluding motor vehicle, camper, boat, etc.
Warehousing
Industry, non-nuisance (as defined in Article 21)
Wireless Communication Facilities (See Article 28)
Lot Area Required
The lot area shall not be less than 87,120 square feet for each use and the frontage of such
lots shall not be less than two hundred (200) feet.
D.
Yards Required
1.
There shall be a front yard on each lot, which shall be not less than thirty-five (35)
feet in depth measured from the edge of the public right-of-way to the foundation of
the structure.
2.
Each side yard shall be not less than twenty-five (25) feet measured from the
adjoining lot line to the foundation of the structure.
3.
There shall be a rear yard on each lot the depth of which shall not be less than forty
(40) feet measured from the adjoining lot line to the foundation of the structure.
4.
On each corner lot there shall be a front yard, which shall be no less than thirty-five
(35) feet in depth measured from the edge of the street right-of-way to the foundation
of the structure, exclusive of steps, on each frontage of the lot along any public
48
highway, or on any private street which is shown on an approved Subdivision Plan or
which provides access to other properties;
a)
b)
c)
d)
E.
for a lot fronting two streets, there shall be two (2) such front yards, and two
side yards;
for a lot fronting on three streets, there shall be three (3) such front yards and
one side yard;
for a lot fronting on four streets, there shall be four (4) such front yards; and
similar for more complex lots.
Percentage of Lot Coverage
Not more than 75 percent of the area of any lot shall be occupied by buildings, except when
authorized as a Special Exception by the Zoning Board of Adjustment.
F.
Parking
When applicable, the provisions of Article 17 shall apply.
G.
Buffer Zone
A natural vegetation buffer zone of seventy-five (75) feet shall be maintained between any
abutting Residential District or State highway. As a part of this buffer, a dense screen at least
fifteen (15) feet in width shall be maintained suitably by the owner. In order to maintain
dense screen year round, at least fifty (50) percent of the plantings shall be evergreens.
Existing natural growth may be included as part of the buffer. No penetration of this buffer
zone shall be allowed. With the approval of the Planning Board, a suitable combination of
other elements may be incorporated within the buffer.
H.
Height
Building height shall not exceed thirty-five (35) feet when a Hooksett Fire Department ladder
truck is unavailable. If a Hooksett Fire Department ladder truck is available, no building
shall exceed seventy-five (75) feet in height. (Amended 5/8/01)
(end of Article 14)
49
ARTICLE 15
MIXED USE DISTRICT 4 – MUD4
A building may be erected, altered, or used and a lot may be used or occupied for any of the
following purposes and in accordance with the following provisions:
A.
Permitted Uses
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
B.
Permitted Uses by Special Exception
1.
2.
3.
C.
Retail store
Personal services business
Business and professional offices
Research and/or testing laboratories
Hotels and motels
Restaurant, exclusive of drive-up
Indoor movie theaters
Banks
Educational facilities
Hospitals
Public utility facilities
Industry, non-nuisance (as defined in Article 21)
Wireless Communication Facilities (See Article 28)
Lot Area Required
The lot area shall not be less than 87,120 square feet for each use and the frontage of such
lots shall not be less than two hundred (200) feet.
D.
Yards Required
1.
There shall be a front yard on each lot, which shall be not less than thirty-five (35)
feet in depth measured from the edge of the public right-of-way to the foundation of
the structure.
2.
Each side yard shall be not less than twenty-five (25) feet measured from the
adjoining lot line to the foundation of the structure.
3.
There shall be a rear yard on each lot the depth of which shall not be less than twenty
(20) feet measured from the adjoining lot line to the foundation of the structure.
4.
On each corner lot there shall be a front yard, which shall be no less than thirty-five
(35) feet in depth measured from the edge of the street right-of-way to the foundation
of the structure, exclusive of steps, on each frontage of the lot along any public
highway, or on any private street which is shown on an approved Subdivision Plan or
which provides access to other properties;
50
a)
b)
c)
d)
E.
for a lot fronting two streets, there shall be two (2) such front yards, and two
side yards;
for a lot fronting on three streets, there shall be three (3) such front yards and
one side yard;
for a lot fronting on four streets, there shall be four (4) such front yards; and
similar for more complex lots.
Percentage of Lot Coverage
Not more than 75 percent of the area of any lot shall be occupied by buildings.
F.
Parking
When applicable, the provisions of Article 17 shall apply.
G.
Buffer Zone
A natural vegetation buffer zone of seventy-five (75) feet shall be maintained between any
abutting Residential District or State highway. As a part of this buffer, a dense screen at least
fifteen (15) feet in width shall be maintained suitably by the owner. In order to maintain
dense screen year round, at least fifty (50) percent of the plantings shall be evergreens.
Existing natural growth may be included as part of the buffer. No penetration of this buffer
zone shall be allowed. With the approval of the Planning Board, a suitable combination of
other elements may be incorporated within the buffer.
H.
Height
Building height shall not exceed thirty-five (35) feet when a Hooksett Fire Department ladder
truck is unavailable. If a Hooksett Fire Department ladder truck is available, no building
shall exceed seventy-five (75) feet in height. (Amended 5/8/01)
(end of Article 15)
51
ARTICLE 16
MIXED USE DISTRICT 5 – MUD 5
A.
Statement of Intent
The purpose of the Mixed Use District 5 (MUD 5) is to promote efficient use of land, provide
for flexible design and development, allow various densities and land uses, and integrate the
surrounding community, while respecting the natural features and scenic beauty of the land.
This shall be accomplished by permitting a wide range of densities and uses to be developed
in accordance with a “MUD 5 Master Plan”, which shall include the proposed location and
phasing of the various uses and densities.
For purposes of the Mixed Use District 5 (MUD 5) the following definitions shall apply:
B.
1.
Applicant – one who submits a MUD 5 Master Plan for land held in common
ownership at the time of the initial MUD 5 Master Plan.
2.
Developer – one who proposes to subdivide land and/or to develop an approved
subdivision in accordance with an approved MUD 5 Master Plan.
3.
Village Center – any area of development which is primarily designed, situated, or
constructed in such manner as to integrate any number and type of commercial,
residential and public uses, thereby creating a focal point for the community in order
to serve certain personal, business, financial, public, health, and religious needs of the
residents in a single cohesive location, emphasizing traditional New England
architectural design, and which is commonly referred to as “Main Street” or
“Downtown” so called.
4.
Net Usable Acreage – shall be defined as the gross area (total number of acres),
commonly owned, within the District, minus very poorly drained soils, marshes, open
water, roadways and associated rights-of-way, and easements which prohibit
development.
5.
Common Open Area – shall refer to any tract of land intended to be used in common
primarily by residents within an individual subdivision and shall include the area
designated as “open” in any clustered subdivision.
6.
Designated Conservation Areas – shall refer to areas designated by the applicant or
developer that shall permanently remain in their natural state and may include one or
a combination of the following: open water, wetlands, marsh, unique or endangered
wildlife habitats, wildlife corridors, archeological sites, and cemeteries. Any
alteration of land or drainage, shall be solely for the benefit of wildlife habitats and
natural resource protection.
Four General Use Categories of Development
52
All development within this District shall be classified as one of the following general use
types: (a) industrial, (b) commercial, (c) residential, or (d) public use. The uses and densities
allowed within each of these four categories are more fully defined in Sections G and H.
C.
1.
Industrial: Not more than fifty (50) percent or less than ten (10) percent of the net
usable acreage shall be developed for industrial use.
2.
Commercial: Not more than twenty-five (25) percent or less than five (5) percent of
the net usable acreage shall be developed for commercial use.
3.
Residential: Not more than seventy-five (75) percent or less than fifty (50) percent of
the net usable acreage shall be developed for residential use.
4.
Public Use: The applicant shall, from time-to-time dedicate such amounts of net
usable acreage of public use as is determined pursuant to Section D, but in no event
shall such dedication(s) exceed ten (10) percent of the total net usable acreage.
Open Space
A minimum of thirty (30) percent of the gross area (total number of acres) within the District
shall be retained as “Open Space.” Open Space may include common open areas, perimeter
Open Space, buffers between various uses or densities, open public use land, private or public
recreation areas, easements which prohibit development, very poorly drained soils, marsh,
open water, historic sites or other features which will enhance the value of the site, reduce
adverse impacts and otherwise be an asset to the community.
For purposes of this Article, the term “Open Space” shall exclude open area in the private
yards of residential units.
Designated open space, common open space and designated conservation areas shall be
protected by assurances, acceptable to the Planning Board that preserve and maintain the
open character of such land in perpetuity.
D.
Public Use
The applicant and/or individual developers shall from time-to-time furnish to the Town a
deed or deeds, in consideration, of the benefits conferred by the approval of the MUD 5
Master Plan by the Planning Board and the burdens imposed by the development of the MUD
5 Master Plan, conveying certain amounts of land for public use, in accordance with the
MUD 5 Master Plan and/or as reasonably required by the Planning Board as sites for
additional public services occasioned by the development of the various subdivisions within
the district. The land shall be selected by the applicant and/or developer, but must be suitable
from the standpoint of size, location, topography, and to the public purpose for which it is to
be used.
The amount of land required to satisfy the requirements of this Section shall be one and onehalf (1.5) net usable acres per one hundred (100) approved dwelling units or one (1) net
usable acre per thirty (30) net usable acres of approved industrial or commercial uses.
53
The total amount of net usable acreage dedicated for public use shall not exceed ten (10)
percent of the total net usable acreage in the District irrespective of whether it is dedicated by
the applicant or developers.
The Public Use obligation imposed upon the applicant or developer and the timing as to the
transfer of title of required parcels shall be satisfied in whole or in part by written agreement
between the applicant or developer and the Planning Board.
Failure of the applicant or developer to comply with the requirements of the Section shall be
grounds for withholding approval of any pending or future subdivision plan. Any Public Use
land contribution made by the applicant or developer after the effective date of the ordinance
shall be credited toward the requirements of this Section.
For the purpose of this section, land dedicated for public streets, including local and collector
roadways, as defined in the Hooksett Subdivision Regulations, shall not be classified as
Public Use land or counted as such. However, one-half of the net usable acreage required for
any multi-lane arterial roadway shall be classified as Public Use land for the purpose of this
section and counted as such.
In the event that the State of New Hampshire, Merrimack County or the Town of Hooksett
shall directly or indirectly establish any type of impact fee Law, Ordinance, rule, regulation,
By-Law, or any other measure requiring either the applicant or developer to make any
contribution to the State, County or Town in relation to existing or purposed development or
subdivision, the fair market value of certain Public Use land dedicated pursuant to this section
shall be offset against any such contributions. For the purpose of this paragraph, only the
following types of dedicated Public Use lands shall offset impact fee contributions: municipal
parks and playgrounds, and land for schools or other municipal buildings and facilities,
specifically excluding any public use lands dedicated for streets, roadways, sidewalks, and
their associated rights-of-way.
E.
Mixed Use District 5 (MUD 5) Master Plan
Before any subdivision is allowed within this District the applicant shall submit three (3)
copies of the MUD 5 Master Plan.
1.
Purpose – The purpose and design of the MUD 5 Master Plan shall establish a sense
of community by integrating the proposed mixed uses and infrastructure of the
District with existing municipal development, utilities and services.
2.
Procedure – MUD 5 Master Plan shall be construed as a planning instrument to be
utilized by the applicant and the Planning Board.
The Planning Board must approve the MUD 5 Master Plan, before the applicant or
any developer may subdivide any parcel within the District. Said approval shall not
be unreasonably withheld provided the applicant has followed the parameters
outlined by the provisions of this Ordinance applicable to the MUD 5 Master Plan.
The MUD 5 Master Plan shall be kept on file with the Planning Board and all
subdivisions shall generally follow the uses, densities, locations, and phasing
contained therein. The Planning Board may allow deviation from the MUD 5 Master
Plan during the subdivision and/or non-residential site plan approval process when it
54
deems it to be in the best interest of the community and consistent with the overall
purpose of this District.
3.
Format – The MUD 5 Master Plan shall be prepared by a licensed surveyor, engineer,
architect, landscape architect, or planner. A scale of one (1) inch equals three
hundred (300) feet may be used so that the entire parcel can be shown on one piece of
paper. The MUD 5 Master Plan shall include:
a)
An insert map at a scale of not less than one (1) inch to one (1) mile, showing
property in relation to surrounding roads, subdivisions, or major landmarks.
b)
A North arrow.
c)
The location of existing property lines, very poorly drained soils, mash, open
water, existing road and utilities which are within or adjoin the property,
easements which prohibit development, and abutting uses.
d)
The appropriate boundaries of each section by category or general use and
density; the approximate location of proposed major streets and rights-ofway and other infrastructure requirements including water, sewer, and other
utilities, the approximate location of recreation areas and open space; and
areas proposed for deduction to Public Use.
Open space shall be located so as to enhance the living environment of the
proposed development. Generally, this shall mean that open space shall be
distributed throughout the site and not aggregated in large areas that provide
little or no benefit to the individual uses or the development at large. Each
section of the MUD 5 Master Plan shall be designated as follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
e)
Industrial Use
Commercial Use
Low Density Residential
Medium Density I Residential
Medium Density II Residential
High Density Residential
Village Center Area
Quarry/Sand and Gravel Use and Related Uses
Public Use
Open Space Use, including proposed Designated Conservation Areas
The MUD 5 Master Plan, along with the accompanying text and tables, shall
contain the following information:
(1)
(2)
(3)
(4)
(5)
The gross or total number of acres within the district
The use of each section or area
Approximate phasing
The approximate square feet of floor space for commercial and
industrial areas and the approximate number of dwelling units and
densities for residential areas
The approximate total acreage and the approximate net usable
acreage of each use
55
f)
4.
F.
Proposed language acceptable to the Planning Board on the guarantees and
assurances to be provided for the maintenance of open space, common areas,
recreation area, sidewalks, parking, private streets, and other privately
owned, but common facilities.
Substantial Revisions - For purposes of this subsection, “substantial revisions” shall
be determined by the Planning Board. Substantial revision of an approved MUD 5
Master Plan may occur in two ways:
a)
The applicant may from time-to-time come before the Planning Board with a
proposed substantial revision of the MUD 5 Master Plan. In the event that
the applicant shall convey in excess of fifty (50) percent of its title and
interest in the total number of acres owned by it at the time of the original
submission of a MUD 5 Master Plan, to any one person or entity, such
person or entity, shall be deemed to be the applicant for purposes of this
Subsection 4.
b)
If the applicant or a developer proposes a subdivision which substantially and
materially differs from the existing MUD 5 Master Plan, the Planning Board
may require the applicant to revise the MUD 5 Master Plan before approving
such a subdivision.
Community Impact Statement
The subdivision of any parcel of land within the MUD 5 Master Plan shall require that the
developer submit a Community Impact Statement which shall describe the probable effects of
the proposed subdivision upon the community. The Community Impact Statement for each
subdivision shall additionally address the cumulative community impact of the subdivision
combined with all other approved subdivisions within the MUD 5 Zoning District. Further,
the developer of any subdivision which is still under construction or incomplete five (5) years
from the date of its original municipal subdivision approval shall resubmit a Community
Impact Statement to the Planning Board. At a minimum, each Community Impact Statement
shall address the following topics:
1.
Adequacy of existing public infrastructure and services required by the subdivision.
Analysis shall be made of sewer, water, schools, fire stations, and other major
locally-financed facilities.
2.
Additional on-site and off-site public facilities or services, which would be required
as a result of the subdivision.
3.
Traffic to be generated by the project; the existing and projected capacity of
surrounding roads and specific road improvements necessary.
4.
Fiscal impact of the proposed project on the municipal capital and operating budgets,
such as estimated tax revenues to be generated, versus the cost of public
improvements to be financed by the local or state government.
5.
Impact of construction and permanent changes in land use upon surrounding
property, such as aesthetics and storm water drainage.
56
6.
G.
Employment opportunities to be generated by the subdivision.
Uses
All uses in the MUD 5 Master Plan shall be classified in one of the four general use
categories listed in Section B, including, but not limited to, the following allowed uses:
1.
2.
Industrial Uses
a)
Industry and Manufacturing non-nuisance as defined in Article 21.
b)
Office/Technology Park.
c)
Truck and/or freight terminals.
d)
Warehouse in excess of 100,000 square feet.
e)
Auto body shops.
Commercial Uses
a)
Neighborhood convenience store as defined in Article 21.
b)
Lodging houses, hotels, inns, motels, tourist courts, cabins, including such
retail businesses within these permitted buildings as are conducted for the
convenience of the residents or guests.
c)
Shops and other retail establishments.
d)
Garages, parking lots, and motor fuel dispensing stations, excluding motor
vehicle body shops, with the exception of those motor vehicle body shops are
an integral part of a motor vehicle dealership.
e)
Business and professional offices, banks.
f)
Theaters, halls, clubs, amusement center, and private recreational facilities.
g)
Greenhouses and florist shops.
h)
Undertaking establishments.
i)
Wholesale establishments and warehouses.
j)
Restaurants.
k)
Drive-ups.
l)
Privately operated child day care, adult day care, day nurseries and
kindergartens.
57
3.
4.
m)
Nursing homes (for long term patient care, residential treatment, and
rehabilitation facilities).
n)
Hospitals, sanitariums, convents, and non-residential health centers.
o)
Institutions of higher education.
p)
Non-municipal elementary and secondary schools.
q)
Any other uses similar to the commercial uses permitted in this section,
which fit the spirit and character of the area for which they are opposed.
Residential Uses
a)
Single family dwellings. Clustering of single family dwellings may be
allowed under the provisions of Article 8.
b)
Two-family dwellings provided they are served by municipal sewer.
Clustering of two family dwellings may be allowed under the provisions of
Article 8.
c)
Multi-family dwellings provided they are served by municipal water and
municipal sewer. Clustering of multi-family dwelling shall be allowed under
the provisions of Article 8.
d)
Housing for the elderly and/or handicapped, including, but not limited to, the
following:
(1)
Shared Housing Residence as defined by the State of New
Hampshire.
(2)
Community Residences as defined by the State of New Hampshire.
(3)
Sheltered Care Residence as defined by the State of New Hampshire.
(4)
Congregate Housing.
(5)
Manufactured Housing Parks in accordance with the provisions of
Article 9 and subdivisions for Manufactured Housing, provided that
the total amount of land for said uses shall not, in the aggregate,
exceed ten (10) percent of the total net usable acres.
(6)
Any other uses similar to the residential uses permitted in this section
which fit the sprit and character of the area for which they are
proposed.
Public Use
a)
Municipally operated recreational and community center buildings.
b)
Municipal buildings and Municipal schools.
58
5.
c)
Municipal parks, playgrounds and other Municipal uses.
d)
Churches, synagogues and parish houses.
e)
Any other uses similar to the public uses permitted in this section which fit
the spirit and character of the area for which they are built.
Other Uses
a)
Essential Public Utilities.
Essential public utilities may be allowed by special exception provided that
the installation of same does not create a nuisance or hazard to adjoining
property uses and further provided that such facilities are designed such that
they are architecturally compatible with the neighborhood or are adequately
screened by existing or proposed vegetation. Any such utility shall be
classified as either an industrial or commercial use as determined in the
discretion of the Planning Board.
b)
Home Occupation.
Home occupations shall be allowed in any Low and Medium I residential
density areas within MUD 5 in accordance with the provisions of Articles 4
and 5.
c)
H.
Wireless Communication Facilities (See Article 28).
Densities and General Design Requirements
1.
Industrial
Industrial uses shall be included in the MUD 5 District as required in Section B. They
shall be located in well-planned industrial areas and so designated on the MUD 5
Master Plan. All industrial uses shall be serviced by municipal water and municipal
sewer systems.
Industrial development shall conform to the minimum requirements for industrial
development as outlined in Article 11, Section B, Subsections 4-7, C, D, and E of the
Zoning Ordinance. Industrial activities shall be of such a nature and conducted so
that the effect of noise, dust, light, or odor shall not extend beyond the limits of the
industrial area. Building height shall not exceed thirty-five (35) feet when a Hooksett
Fire Department ladder truck is unavailable. If a Hooksett Fire Department ladder
truck is available, no building shall exceed seventy-five (75) feet in height. (Amended
5/8/01)
59
2.
Commercial
Commercial uses shall be included in the MUD 5 District as required in Section B.
They shall be located in well-planned commercial areas, except where integrated into
accordance with the MUD 5 Master Plan. Commercial development shall conform to
the minimum requirements for commercial development as outlined in Article 10,
Sections B through D, and F through H of the Zoning Ordinance. Clustering of
commercial buildings may be allowed where such groupings are consistent with the
safety of the users of the development and are further consistent with the overall
intent of this Article.
The size and scale of commercial uses shall be compatible with the surrounding uses.
Building height shall not exceed thirty-five (35) feet when a Hooksett Fire
Department ladder truck is unavailable. If a Hooksett Fire Department ladder truck is
available, no building shall exceed seventy-five (75) feet in height. (Amended 5/8/01)
Parking requirements may be satisfied for commercial uses in the design of Village
Center area(s), through the utilization of Municipal or private parking lots or garages,
and pedestrian ways.
For purposes of creating so-called “downtown” areas, up to 100 percent lot coverage
and zero minimum setbacks may be allowed for land designated as Village Center
area(s) in accordance with the MUD 5 Master Plan.
3.
Residential
a)
Four Residential Densities
The number of dwelling units which may be construed shall be determined
by the number of net usable acres available for residential use, as outlined in
Section B, and the types of residential development included. Residential
Development areas in the MUD 5 District shall include four (4) density
types:
(1)
Low Density - Not more than sixty (60), or less than ten (10) percent
of the net usable acreage dedicated to residential use, shall be Low
Density, so as not to exceed one unit per 87,120 square feet. Low
Density Residential Areas are restricted to single family detached
dwellings and their accessory uses.
(2)
Medium Density I - Not more than sixty (60), or less than ten (10)
percent of the net usable acreage dedicated to residential use shall be
Medium Density I, so as not to exceed one (1) unit per 12,000 square
feet in areas where the unit is served by municipal water and
municipal sewer; not to exceed one (1) unit per 22,500 square feet I
areas where the units are served by municipal water or municipal
sewer; and not to exceed one unit per 44,000 square feet in areas
where no municipal water or municipal sewer are available. All
dwelling units, except single family detached dwelling, must be
serviced by both municipal water and municipal sewer.
60
b)
(3)
Medium Density II - Not more than sixty (60), or less than ten (10)
percent of the net usable acreage dedicated to residential use shall be
Medium Density II, so as not to exceed eight (8) units per acre. All
dwelling units within the Medium Density II area shall be serviced
by municipal water and municipal sewer. Medium Density II may
be used to assist the applicant and the Planning Board to more
effectively integrate varying residential uses and to more efficiently
design a Village Center area.
(4)
High Density - Not more than ten (10) percent of the net usable
acreage dedicated to residential use shall be High Density, so as not
to exceed eighteen (18) units per acre. All dwelling units within the
High Density area shall be serviced by municipal water and
municipal sewer. High Density may be used to assist the applicant
and the Planning Board to more effectively integrate varying
residential uses and to more efficiently design a Village Center area.
Height, Lot Coverage, and Yard Requirements
All dwelling units constructed in the MUD 5 District shall conform to the
building height limitations and maximum lot coverage and yard
requirements, as herein below specified for corresponding uses and zones.
Low Density - Sections D, E, and F of Article 4; Low Density Residential
District;
Medium Density I - Sections D, E, and F of Article 5; Medium Density
Residential District;
Medium Density II - Sections D, E, and F of Article 5; Medium Density
Residential District;
High Density - Sections D, E, and F of Article 6; High Density Residential
District; and
Elderly/Handicapped Housing - Sections A, B.1, B.2c, d and e, and B.3-7 of
Article 7: Elderly and/or Handicapped Housing.
Building height shall not exceed thirty-five (35) feet when a Hooksett Fire
Department ladder truck is unavailable. If a Hooksett Fire Department
ladder truck is available, no building shall exceed seventy-five (75) feet in
height. (Amended 5/8/01)
For the purpose of creating a so-called “down town” area, up to 100 percent
lot coverage and zero minimum setbacks shall be allowed for land designated
as Village Center area(s) in accordance with the MUD 5 Master Plan.
4.
Public Use
The densities and general design requirements for Public use Land shall be the same
as those required for Commercial under Section H, 2 herein.
61
5.
Frontage Requirements the for MUD 5 District
Every fee simple lot, shall have frontage on a State or Town maintained road of Class
V designation or better. Frontage shall be a minimum of 100 feet. Frontage
requirements may be satisfied by providing two (2) fifty (50) foot rights-of-way
serving to access the lot. Zero lot line subdivisions or subdivisions in which the land
under a structure is owned in fee by the owner of the structure while the land
surrounding the structure and the underlying land is owned in common by an
association of the landowners will be allowed. The minimum frontage required for
the zero lot line subdivision, as a whole, will be the same as any other fee simple lot.
No frontage will be required for the land under structures within the zero lot line
subdivisions even though those parcels will be held in different ownership.
I.
Types of Ownership
1.
The following types of ownership shall be allowed in the MUD 5 District:
a)
b)
c)
d)
e)
f)
g)
J.
All fee simple type ownerships.
Condominium.
Land lease.
Use easements.
Zero lot line subdivisions with fee simple ownership.
Multiple buildings on one (1) lot when not restricted by any other subsection
of this Article.
Cooperative ownership.
Parking Requirements
Where applicable, the requirements of Article 17 shall apply.
K.
Quarry/Sand and Gravel Use and Related Uses
Quarry and sand and gravel operation uses, within the MUD 5 District, shall be allowed
pursuant to applicable State law and local ordinances. The following related uses shall be
permitted in the MUD 5 District: concrete batching, concrete block manufacturing, other
concrete manufacturing, asphalt manufacturing, and related open storage, and wholesale or
retail distribution and sales of the foregoing. As a result of the transitional nature of such
land use, land which is no longer put to such uses may be phased into other allowed uses in
accordance with the MUD 5 Master Plan, and prior thereto, shall not be subject to the
provisions of this Article, except that the total number of acres shall be used in the calculation
of “net usable acreage.”
L.
West Side Prohibition and Limitation
Not withstanding the other provisions of this Article, for any portion of the MUD 5 District
that lies west of U.S. Route 3, residential use or development shall be prohibited and
commercial use or development shall be limited to twenty-five (25) percent of the net usable
acreage west of U.S. Route 3.
(end of Article 16)
62
TOWN OF LONDONDERRY
2.5 INDUSTRIAL DISTRICTS
2.5.1
INDUSTRIAL DISTRICT
2.5.1.1.
Objectives and Characteristics
The two industrial subdistricts (IND-I and IND-II) are designed to provide areas for
industrial development to include, but not limited to, manufacturing, transportation
services, warehouse facilities, and wholesale businesses. The Industrial District will
consist of land areas zoned for industrial use as recorded in the office of the Town
Clerk.
2.5.1.2.
Subdistrict Uses
2.5.1.2.1. Industrial I (IND-I): This district is primarily intended to provide for industrial
uses suitable for location in areas of close proximity to non-industrial
development.
2.5.1.2.1.1.
Permitted Uses: See use table section 2.2 of this zoning ordinance.
2.5.1.2.2. Industrial II (IND-II): This district is primarily a district which allows a more
intensive industrial use than IND-I
2.5.1.2.2.1.
Permitted Uses: See use table section 2.2 of this zoning ordinance.
2.5.1.2.3. Flexible Industrial (FI): This district is primarily intended to promote
appropriate industrial development in targeted areas identified by
various planning studies, charrettes, and the Master Plan.
2.5.1.2.3.1.
Permitted Uses: See use tables section 2.2 and 2.2.2 of this
zoning ordinance.
2.5.1.2.3.2.
Specific Standards for the FI Zone are found in Section 2.5.3.
2.5.1.3.
DRAFT
General Standards
Within the Industrial District and all subdistricts, the following regulations and
controls are required for the development and continued use of the area.
2.5.1.3.1.
Setbacks - No building shall be located on a lot nearer to the front, side or rear lot
line than the minimum setback set forth below.
2.5.1.3.1.1.
Minimum Setback Distances for Structures from Property Line:
Front 30 feet
Side 20 feet
Back 20 feet
If a property abuts more than one existing and/or proposed right-of-way,
the building setback will be 30 feet from each right-of-way. The
Planning Board, during site plan review, may allow certain signs, utility
systems (including power and communication), or related facilities
within the setback areas.
2.5.1.3.2.
Minimum Lot Size - Minimum lot size in all Industrial Districts are subject to
Planning Board approval based on sewage disposal requirements, soil types,
topography, vehicular access, intended use and compatibility with adjacent areas
but shall be not less than one acre (43,560 sq. ft.) with at least one hundred fifty
(150) feet of frontage on a Class V or better road.
Page 1 of 13
2.5.1.3.3.
Building Height - Except for structures not intended for human occupancy
(chimney, water tower, etc.) height of buildings shall not exceed 50 feet.
2.5.1.3.4. Storage Areas
2.5.1.3.4.1.
All outdoor storage shall be visually screened from access streets,
arterials and adjacent property. Outdoor storage shall be meant to include
parking of all company-owned and operated motor vehicles, with the
exception of passenger vehicles. No storage shall be permitted between a
frontage street and the building line.
2.5.1.3.4.2.
Bulk storage of gasoline, chemicals, petroleum products, and flammable
materials shall not be permitted except as accessory to a principal use,
accessory to a service station, laboratory, production operation, airport
service or the servicing of company-owned or leased vehicles.
2.5.1.3.4.3.
The Planning Board may allow certain signs, electrical power,
communication systems or related facilities within the required setback
areas which do not abut public rights-of-way.
2.5.1.3.4.4.
A public right-of-way as used in this section applies to vehicular
travelways and includes private rights-of-way intended for public access
to two or more enterprises, buildings or lots, unless otherwise
specifically approved by the Planning Board.
2.5.1.3.5. Vehicle Access - See regulations listed in Section 3.10.
2.5.1.3.6.
DRAFT
Parking Standards - See regulations listed in Section 3.10 and table 1 of 3.10 to
determine the quantity of spaces required for specific uses.
2.5.1.3.7. Loading Space Standards
2.5.1.3.7.1.
No on-street loading or unloading shall be permitted
2.5.1.3.7.2.
Off-street loading spaces shall be provided on the same lot as the
principal use they are intended to serve. In no case shall an off-street
loading space be counted as part of an area to satisfy the off-street
parking requirements.
2.5.1.3.7.3.
Loading bays shall be at least fourteen (14) feet wide, forty eight (48)
feet long and may be located either within a building or in the open.
2.5.1.3.7.4.
No loading bay area abutting a residential zoning district shall be located
within fifty (50) feet of the residential boundary line. Loading bays shall
not be located on sides of buildings facing a public right-of-way except
as specifically approved by the planning board. Where such request is
granted, the Board shall require an opaque wall, fence, natural terrain,
vegetation or other solution to provide screening as effectively as
possible.
2.5.1.3.7.5.
The area approved for loading or unloading shall not obstruct access to a
property or right-of-way. All loading spaces shall have direct access to a
public right-of-way.
2.5.1.3.7.6.
All loading bay areas shall be surfaced with a durable, asphalt material
and graded to dispose of all surface water accumulation.
2.5.1.3.8. Landscaping
2.5.1.3.8.1.
Excepting curb cuts/driveways, a “green” area shall enclose the entire lot
perimeter as follows: Minimum width of “green” areas shall be fifteen
(15) feet except that where the area abuts a public right-of-way, such
Page 2 of 13
area shall be not less than twenty (20) feet.
When a proposed building, parking lot or driveway is less than one
hundred (100) feet from a residential zoning district, a BUFFER zone in
accordance with the following is required:
2.5.1.3.8.2.1. The buffer zone shall be a minimum of fifty (50) feet wide.
2.5.1.3.8.2.2. The buffer zone shall be planted and permanently maintained to
diminish the deleterious effect of the industrial activity. (See Site
Plan Regulation for physical characteristics of buffer zone.)
2.5.1.3.8.2.
2.5.1.3.9.
Signs - All signs, their quantity and location, shall comply with the Town of
Londonderry Sign Ordinance current at the time a site plan is approved (section
3.11).
2.5.1.3.10. Lighting: Please see Section 3.13 of the Town of Londonderry Site Plan
Regulations for requirements and standards for lighting within the Industrial
District.
2.5.1.3.11. Performance Standards - See Section 3.2
2.5.2
Airport District
2.5.2.1.
Objectives and Characteristics
A portion of the Manchester Airport (“Airport”) is located in the Town of
Londonderry. Development of the Airport benefits the Town and region and a
harmonious relationship among the Town, the Airport and the City of Manchester is
beneficial to the Town and the Airport. Much of the development at the Airport is
designed in accordance with Federal Aviation Standards. The purpose of the Airport
District is to provide standards for certain uses and structures associated with the
Airport for which generally applicable commercial and industrial standards are not
suitable.
DRAFT
2.5.2.2.
Definitions
AIRSIDE shall mean the portion of the Airport in which access is restricted to those
persons having a security clearance by means of the Fence.
FENCE: Shall mean the safety and security fence which prevents general access to
the Airside of the Airport, including gates, doors and other secure accessways located
within buildings (e.g. the Terminal).
LANDSIDE: Shall mean the portion of the Airport which is not the Airside.
2.5.2.3.
Permitted Uses: See use table section 2.2 of this zoning ordinance
2.5.2.4.
General Standards
Within the Airport District, the following dimensional, density and design standards
shall apply:
2.5.2.4.1.
Setbacks- No building shall be located on a lot nearer to the front, side or rear lot
line than the minimum setbacks set forth below:
Page 3 of 13
2.5.1.4.1.1.
Minimum setback distances for structures from property line
Front Zero (0) feet*
Side Zero (0) feet
Rear Zero (0) feet
* Thirty (30) feet shall be required if the lot abuts a public street
2.5.2.4.2.
Minimum Lot Size - No requirements
2.5.2.4.3.
Building Height - Except for terminals, airport parking garages, and aircraft
control towers, the height of structures (including buildings) shall not exceed
sixty five (65) feet.
2.5.2.4.4.
Storage Areas - All outdoor storage shall be visually screened from access
streets, arterials and adjacent property. Outdoor storage shall include parking of
all company-owned and operated motor vehicles, with the exception of passenger
vehicles.
2.5.2.4.5.
Parking Standards: - parking standards for the Airport District are described
within section 3.10 Access and parking with the exception of longer term airport
parking lots.
DRAFT
2.5.2.4.6. Parking Standards for Longer Term Parking Lots (Airport District)
2.5.2.4.6.1.
The design standards for parking within the Airport District vary with the
intended use of the parking facility. The high turnover rate for vehicles
in Airport lots intended for hourly parking requires adequate room for
the maneuvering of multiple vehicles. In longer term (more than one
hour permissible) Airport parking lots, the volume of simultaneous
traffic is significantly less, and the dimensional requirements are lower.
All parking spaces shall comply with the design standards of Table 2 in
section 3.10 Access and Parking except for Longer Term Airport Parking
Areas which shall follow Table 1 below, and its associate parking layout,
unless otherwise approved by the Planning Board.
Page 4 of 13
Table 1 - Minimum Dimensional Requirements for Longer Term Airport Parking Areas
(Based on 8.5' x 18" Parking Stall, except for zero (0) degrees)
Angle of
Parking
Space
(Degrees)
“A”
(Ft)
“B”
(Ft)
One-Way
Traffic “C”
(Ft)
Two-Way
Traffic “C”
(Ft)
“D”
(Ft.)
One Way
Traffic “E”
(Ft.)
Two-Way
Traffic “F”
(Ft.)
0
20.0
8.0
12.0
20.00
---
28.0
36.0
30
17.0
14.7
12.0
20.0
—
41.4
49.4
45
12.0
18.7
12.0
20.0
31.5
49.4
57.4
60
9.8
19.8
12.5
20.0
35.4
52.1
59.6
90
8.5
18.0
22.0
22.0
36.0
58.0
58.0
Note: See parking diagram under table 2, section 3.10
2.5.2.4.7.
Handicapped Parking Spaces - parking spaces designed to accommodate the
needs of the handicapped shall be provided in accordance with Federal and State
law. See the Town of Londonderry Site Plan Regulations
2.5.2.4.8.
Sewage and Waste Disposal - All industrial operations will be subject to the
Londonderry Industrial Pretreatment Program which will ensure that all liquid
wastes meet Federal, State and local regulations prior to disposal into a municipal
system.
2.5.2.4.9.
Curb and Gutter - Curb and gutter shall be installed within off-street parking and
loading areas in order to manage storm drainage, channelize traffic, protect
buildings and landscaping areas, and separate pedestrian and vehicular
circulation areas
DRAFT
2.5.2.4.10. Sidewalks - Sidewalks shall be provided onsite as necessary to protect
pedestrians and promote the safe and efficient movement of pedestrian and
vehicular movement. Sidewalks shall have a minimum unobstructed width of
four (4) feet. Sidewalks which are constructed to a six (6) foot width and directly
abut the front of a parking or loading space may include two (2) feet of the
sidewalk width when determining the length of the parking or loading space.
2.5.2.4.11. Electrical Power - If the proposed development has a useful life of at least one
(1) year, then the electrical power and communications system lines shall be
installed underground within the site.
2.5.2.4.12. Performance standards per section 3.2 shall apply in the Airport District except
for Aeronautical Facilities
2.5.2.5.
Planning Board Site Plan Review
Page 5 of 13
2.5.2.5.1.
In the Airport District, the Londonderry Planning Board shall exercise site plan
review authority under RSA 674:43 and regulations adopted thereunder, except
for the development or change or expansion of use of those Aeronautical
Activities within the Fence that do not include the construction or alteration of a
building. Such Aeronautical Activities shall instead be subject to the following:
2.5.2.5.1.1.
The proposed development must meet the standards of the Town Site
Plan Regulations for surface water drainage control.
2.5.2.5.1.2.
The Airport shall submit to the Town Engineer its permit application and
accompanying plans, specifications, drainage calculations and other
supporting documentation for the proposed development simultaneously
with submittal to the State and/or Federal agencies having jurisdiction
over the development. The Town Engineer shall review the application
for compliance with Town drainage standards and to determine that there
are no evident encroachments on abutting property. The Town may also
participate in the regulatory proceedings of such State and Federal
agencies to the extent permitted by Statutes and regulations governing
those proceedings.
2.5.2.5.1.3.
The proposed development shall not be deemed approved until the Town
Engineer issues written confirmation of compliance with site plan
drainage standards and the absence of evident encroachments.
2.5.2.5.1.4.
The Planning Board shall hold an Informational Public Hearing at which
a representative of the Airport shall attend and discuss the proposed
development with the Planning Board and interested members of the
public.
2.5.2.5.1.5.
The Airport representative shall respond in writing to all input, oral or
written, received from the Board or members of the public during the
Informational Public Hearing.
2.5.2.5.1.6.
The Planning Board shall not have the authority to disapprove the
development or the plans, specifications or response of the Airport
representative to the input received at the Informational Public Hearing;
provided that the written approval of the Town Engineer referred to in
Subsection 2.5.2.5.1.3, above shall be required.
2.5.2.5.1.7.
The Airport shall submit to the Building Inspector an as built plan of the
development with a certificate that the development complies with all
applicable Federal and State laws and regulations as well as copies of all
applicable State and Federal permits and a certificate of compliance with
the Town standards referred to in subsection 2.5.2.5.1.2 and 2.5.2.5.1.3,
above.
DRAFT
2.5.2.5.2.
2.5.3
Nothing herein is intended to affect the applicability of any other Town public
health or safety codes, ordinances or regulations that may apply to Aeronautical
Activities.
Flexible Industrial (FI) District
2.5.3.1.
Objectives and Characteristics
The Flexible Industrial District (FI) is intended to allow for the
development of gateways to the Town of Londonderry, centers of
Page 6 of 13
commerce, and employment centers for the Southern NH region.
It is the desire of the Town of Londonderry that all of these activities be
developed in a manner that both serves the business interests
contained in the district, and in a manner that that conveys a campus
atmosphere to those arriving here. Traffic circulation and alternate
modes of transportation need to be provided for, as does parking for
employees and visitors alike. A wide variety of industrial, supporting
commercial development, and open space & recreational amenities are
desired, in accordance with the various planning efforts undertaken by
the Town in recent years (the 2004 Master Plan, the Londonderry
Business Park Design Charrette, etc.). All of these activities are
envisioned as being developed in a manner that involves significant
amounts of landscaping, retention of significant amounts of
undeveloped open space, the retention of native plant materials, a high
level of quality in individual building and site design, and flexibility on
the part of the Town so as to achieve the design suggested in those
documents.
2.5.3.2.
General Standards
DRAFT
Within the FI District the following regulations and controls are required
for the development and continued use of the area.
The provisions of this section are intended to be a minimum
consideration of allowable impacts. Each tract of land possesses
different, unique development characteristics and limitations, and the
use allowed on any particular tract will be a function of the design
interacting with the special characteristics and limitations of the site
while remaining consistent with the purpose and objectives of this
section.
2.5.3.2.1.
Setbacks - No building shall be located on a lot nearer to the
front, side or rear lot line than the minimum setback set forth
below.
Minimum Setback Distances for Structures from Property Line:
Front - 30 feet
Side - 20 feet
Back - 20 feet
2.5.3.2.1.1.
Setbacks may be reduced by the Planning Board as set forth
in Section 2.5.3.3.4.
2.5.3.2.1.2.
If a property abuts more than one existing and/or proposed
right-of-way, the building setback will be 30 feet from each
right-of-way. The Planning Board, during site plan review,
Page 7 of 13
may allow certain signs, utility systems (including power and
communication), or related facilities within the setback areas.
2.5.3.2.2.
Minimum Lot Size - Minimum lot size in the FI District is subject
to Planning Board approval based on sewage disposal
requirements, soil types, topography, vehicular access, intended
use and compatibility with adjacent areas, but shall be not less
than one acre (43,560 sq. ft.) with at least one hundred fifty (150)
feet of frontage on a Class V or better road.
2.5.3.2.3.
Maximum Lot Coverage – Maximum lot coverage in the FI District
is 67%, and includes buildings, parking, and all other impervious
surfaces.
2.5.3.2.4.
Building Height - Except for structures not intended for human
occupancy (chimney, water tower, etc.) height of buildings shall
not exceed 50 feet, or as specified by the Federal Aviation
Administration as part of their permitting process or by the
limitations outlined in the Airport Approach Height Overlay
(Section 2.6.6 of this Ordinance).
DRAFT
2.5.3.2.5. Minimum Open Space
2.5.3.2.5.1.
The parcel must contain a minimum of 33% of the total land in
the parcel dedicated as open space.
2.5.3.2.5.1.1.
The required open space shall not contain more than
25% Non-Buildable Land (defined as the regulatory
100-year flood plain, Conservation Overlay (CO)
District areas, and Slopes above 25 percent of at least
5,000 square feet contiguous area;).
2.5.3.2.5.1.2.
No portion of public utility easements, of any kind,
may be considered part of the minimum required open
space.
2.5.3.2.5.1.3.
Whenever possible, open space land should be
designated as undivided parcels to facilitate easement
monitoring, enforcement, maintenance, and to
promote appropriate management by a single entity
according to approved land management standards.
2.5.3.2.5.1.4.
Safe and convenient pedestrian access shall be
provided to the open space.
2.5.3.2.5.2.
Such land shall be preserved in perpetuity through deed
restriction or conservation easement, and designated on the
approved and recorded plat. Such restriction shall be
Page 8 of 13
approved by the Planning Board and Town Council.
2.5.3.2.5.2.1.
As part of the application an open space plan shall be
submitted showing clear delineation of parcels of
open space land that is not to be developed. The open
space plan shall be recorded at the Registry of Deeds
and shall indicate that development is restricted from
the open space in perpetuity.
2.5.3.2.5.3.
The open space and/or common areas within the
development site shall be identified on the plan and shall be
bound by the provisions of Section 2.5.3.2.6. This entity will
accept responsibility for the maintenance, monitoring, and
upkeep of the identified open space and/or common area.
2.5.3.2.5.4.
Recreation facilities can be incorporated into the protected
open space of the development site upon approval by the
Planning Board, and with the recommendation of the
Conservation Commission and Recreation Commission.
2.5.3.2.6. Ownership of Open Space.
DRAFT
2.5.3.2.6.1.
Open Space Areas within the FI District shall be permanently
protected as open space and shall be conveyed in one of the
following ways subject to the approval of the Planning Board:
2.5.3.2.6.1.1. To the Town of Londonderry and accepted by the Town
Council for park, open space or other specified
conservation uses;
2.5.3.2.6.1.2. To the State of New Hampshire for permanent open space
uses;
2.5.3.2.6.1.3. To a private non-profit organization whose principal
purposes is the conservation of open space with the
financial and organizational means for perpetual
stewardship, such as the Audubon Society of New
Hampshire, the Society for the Protection of New
Hampshire Forests, or Rockingham Land Trust;
2.5.3.2.6.1.4. To a corporation or trust, such as an association owned
or to be owned by the owners of lots within the
development;
2.5.3.2.6.1.5. A private landowner such as a farmer or forest manager
that will manage it for conservation purposes.
2.5.3.2.6.2.
The applicant must identify the owner of the Open Space
Page 9 of 13
whom is responsible for maintaining the Open Space and
facilities located thereon.
2.5.3.2.6.3.
In the event the party responsible for maintenance of the
Open Space fails to maintain all or any portion in reasonable
order and condition, the Town of Londonderry may assume
responsibility for its maintenance and may enter the premises
and take corrective action, including the provision of
extended maintenance. The costs of such maintenance may
be charged to the property owner, and may include
administrative costs and penalties. Such costs shall become
a lien on any impacted properties.
2.5.3.2.7. Storage Areas
2.5.3.2.7.1.
No outdoor storage is allowed in the FI District unless
specifically approved as part of a site plan approved by the
Planning Board.
2.5.3.2.7.2.
All outdoor storage shall be visually screened from access
streets, arterials and adjacent property. Outdoor storage shall
be meant to include parking of all company owned and
operated motor vehicles, with the exception of passenger
vehicles. No storage shall be permitted between a frontage
street and the building line.
DRAFT
2.5.3.2.7.3.
Bulk storage of gasoline, chemicals, petroleum products, and
flammable materials shall not be permitted except as
accessory to a principal use, accessory to a service station,
laboratory, production operation, airport service or the
servicing of company owned or leased vehicles.
2.5.3.2.8. Parking, Loading, & Vehicle Access Standards - See Section 3.10 of
this Ordinance.
2.5.3.2.9. Landscaping Standards - the following standards shall be used
within the FI District, and shall be supplemented by the Londonderry
Site Plan Review Regulations:
2.5.3.2.9.1.
Planting Practices
2.5.3.2.9.1.1. Identify the specific location and configuration of the
open space network shown in the conceptual design,
maximizing the size of undisturbed areas, and the
connections of such areas with neighboring parcels.
2.5.3.2.9.1.2. Permanently protect those designated open space areas
and corridors with easements or covenants. Incorporate
Page 10 of 13
naturalized areas into and around the developed areas.
2.5.3.2.9.1.3. Design open drainage systems, surrounded as much as
possible by naturalized areas.
2.5.3.2.9.2.
Construction Practices
2.5.3.2.9.2.1. Minimize soil compaction by erecting fences around
undisturbed areas and limit heavy equipment to
alignments for future roads and driveways.
2.5.3.2.9.2.2. Work compacted areas after construction to loosen soil.
2.5.3.2.9.3.
Landscaping Practices
2.5.3.2.9.3.1. Minimize or eliminate lawn areas. Provide a mix of natural,
open sandy areas, areas of multi-story vegetation, and
park-like woodlands of mixed scrub oak, pitch pine, and
white oak
2.5.3.2.9.3.2. Intersperse flowering herbaceous species which are
hardy and highly drought tolerant to reduce maintenance
expense.
DRAFT
2.5.3.2.9.3.3. Create local garden areas with mixes of the grasses,
shrubs, and herbaceous materials.
2.5.3.2.10.
Sign Standards - All signs, their quantity and location, shall
comply with the permitted Industrial District signs as outlined in
Section 3.11 of this Ordinance.
2.5.3.2.11.
Lighting Standards - All lighting shall comply with the Town of
Londonderry Site Plan Regulations.
2.5.3.2.12.
Pedestrian & Bicycle Facility Standards - Sidewalks and bicycle
lanes shall be provided on-site, as necessary, to protect
pedestrians and bicyclists and promote the safe and efficient
movement of pedestrian and vehicular movement. Sidewalks
shall have a minimum unobstructed width of four feet. Sidewalks
which are constructed to a six-foot width and directly abut the
front of a parking or loading space may include two feet of the
sidewalk width when determining the length of the parking or
loading space.
2.5.3.3.
Conditional Use Permits
2.5.3.3.1. Most developments (see Use Table, Section 2.2) in the FI District will
require a conditional use permit from the Planning Board, in addition
Page 11 of 13
to any other necessary subdivision or site plan approvals. The
conditional use permit is meant to provide flexibility, minimize
adverse impacts, and allow the Board to participate jointly with the
applicant in preparing development proposal that is consistent with
this ordinance, local regulations, the Londonderry Business Park
Design Charrette Report, and the 2004 Master Plan.
2.5.3.3.2. The conditional use permit shall clearly set forth all conditions of
approval and shall clearly list all plans, drawings and other
submittals that are part of the approval. Everything shown or
otherwise indicated on a plan or submittal that is listed on the
conditional use permit shall be considered to be a condition of
approval. Construction shall not deviate from the stated conditions
without approval of the modification by the Planning Board.
2.5.3.3.3. Application Procedure - Applications for conditional use permits
(CUP) within this district shall be made in accordance with the
following procedures:
2.5.3.3.3.1.
It is recommended that all projects requiring a CUP conduct a
preliminary meeting with staff prior to review by the Design
Review Committee and the Town’s Review Consultant. The
purpose of the preliminary meetings shall be to provide
guidance on the design of the proposed plan.
DRAFT
2.5.3.3.3.2.
The applicant will then develop the proposed plan to a point
at which the plan is eligible for design review.
2.5.3.3.3.3.
The application will then begin Pre-Application Design
review, followed by the Conditional Use Permit Review
outlined in this section, and in accordance with the other
applicable procedures adopted by the Planning Board.
2.5.3.3.3.4.
In all particulars not otherwise addressed in this ordinance,
all applications shall meet those requirements set forth in the
relevant sections of the Subdivision & Site Plan Regulations
of the Town of Londonderry.
2.5.3.3.4. Approval of Applications - Prior to issuance of a building permit, the
applicant shall acquire a conditional use permit as well as any other
necessary Planning Board approval. A conditional use permit shall
be issued only if the development complies with all of the
requirements of this section. The Planning Board may also
condition its approval on additional, reasonable conditions
necessary to accomplish the objectives of this section or of the 2004
Master Plan, Londonderry Business Park Design Charrette Report,
Zoning Ordinance, or any other federal, state, town resolution,
regulation, or law, including but not limited to; density, required
Page 12 of 13
frontage, setbacks, or any other requirement if necessary to
accomplish said objectives. The Planning Board may as part of a
Conditional Use Permit adjust standards of setback, density,
frontage, or parking for projects that are truly supportive of the
goals of the FI District as noted above, and where such adjustments
would allow the developer to more fully meet these goals and
objectives.
DRAFT
Page 13 of 13
Londonderry Zoning Ordinance Use Table
RESIDENTIAL AND AGRICULTURAL
Agriculture
Assisted Living Facilities
Back Lot Development
Dwelling, multi-family
Dwelling, single family
Dwelling, two-family
Elderly Housing
Manufactured housing
Mixed use residential
Mobile homes
Nursing Home and accessory uses
Planned residential development
Preexisting manufactured housing parks
Presite Built Housing
CIVIC USES
Community center
Cemetery
Public Facilities
Public Utilities
Recreational Facilities, Public
Religious Facilities
Cultural Uses and Performing Arts up to
50,000 sq. ft
Cultural Uses and Performing Arts
50,001 sq. ft. or larger
BUSINESS USES
Aeronautical Facilities
Assembly, testing, repair and packing
operations up to 100,000 sq. ft.
Assembly, testing, repair and packing
operations 100,001 sq. ft. or larger
Bed and Breakfast Homestay
P = Permitted Use
AR-1
R-III
C-I
C-II
C-III
P
P
P
P
P
P
C-IV
IND-I IND-II
FI
AD
Overlay Districts
POD - POD 102*
28* CO
P
AZ
FP
P
C
P
P
P
P
AH
See specific district regs.
P
P
P
P
P
P
S
S
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
P
P
P
P
P
P
C
P
P
P
P
P
P
P
P
P
P
P
P
S
P
S
P
S
P
S
P
P
C
P
P
C
P
C = Requires Conditional Use Permit
S = Requires Special Exception
Londonderry Zoning Ordinance Use Table
AR-1
Business center development
Conference/Convention Center up to
50,000 sq. ft
Conference/Convention Center 50,001
sq. ft. or larger
Day Care Center, Adult
Drive-thru window as an accessory use
Drive-in establishments
Drive-in theatres
FI District Services
Financial institution
Funeral homes
Education and Training Facilities up to
50,000 sq. ft
Education and Training Facilities 50,001
sq. ft. or larger
Excavation, including Temporary and
Permanent Manufacturing Plants as an
accessory use.
Group Child Care Center
Home Occupation
Hotels up to 50,000 sq. ft
Hotels 50,001 sq. ft. or larger
Manufacturing, Heavy
Manufacturing, Light up to 100,000 sq. ft.
Manufacturing, Light 100,001 sq ft or
larger
Membership club
Motels
Motor Vehicle Maintenance, Major
Repair and Painting
Motor vehicle rental
Motor Vehicle Station, Limited Service
Recreation, commercial
Retail sales establishment
P = Permitted Use
R-III
C-I
P
C-II
P
C-III
C-IV
IND-I IND-II
FI
AD
POD - POD 102*
28* CO
P
P
AH
AZ
FP
P
C
C
P
P
P
P
P
P
P
P
P
(See FI District Services Use Table, Section 2.2.2)
P
P
C
P
P
P
P
P
C
P
S
P
S
P
C
C
P
P
P
P
S
P
P
P
C
P
P
P
P
P
P
P
P
P
P
P
P
P
C
P
P
P
P
P
P
P
C**
P
C = Requires Conditional Use Permit
P
P
P
S = Requires Special Exception
Londonderry Zoning Ordinance Use Table
AR-1
Office Campus up to 50,000 sq. ft
Office Campus 50,001 sq. ft. or larger
Outdoor Storage of goods or materials
(not to exceed 5-10% of the gross floor
area) as an Accessory Use
Professional office up to 50,000 sq. ft.
Professional office 50,001 sq ft. or larger
Rental Car Terminal up to 50,000 sq. ft
Rental Car Terminal 50,001 sq. ft. or
larger
Repair services
Research or Testing Laboratories up to
100,000 sq. ft.
Research or Testing Laboratories
100,001 sq. ft. or larger
Restaurant
Restaurant, fast food
Sales of Heavy Equipment or Heavy
Trucks as an accessory use
School, Private
Service establishment
Sexually oriented businesses
Storage, self serve
Terminal, Airplane
Terminal, Trucking up to 100,000 sq. ft.
Terminal, Trucking 100,001 sq. ft. or
larger
Vehicle Sales Establishment
Warehouses and Storage up to 100,000
sq. ft.
Warehouses and Storage 100,001 sq. ft.
or larger
Wholesale Businesses up to 100,000 sq.
ft.
Wholesale Businesses 100,001 sq. ft. or
larger
P = Permitted Use
R-III
C-I
C-II
C-III
C-IV
IND-I IND-II
FI
P
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
C
P
C
P
AD
POD - POD 102*
28* CO
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
C
AH
AZ
FP
C
P
P
P
P
P
P
C
C
C
P
P
P
P
C
P
P
P
P
P
P
P
P
P
P
P
C
P
P
P
P
P
P
P
C
C
P
P
P
C
P
C
C
P
P
P
P
P
P
P
P
C
P
C = Requires Conditional Use Permit
S = Requires Special Exception
Londonderry Zoning Ordinance Use Table
*Any use permitted in the underlying zoning district, which is not a permitted use in the Performance Overlay District is considered a Conditional Use
**See section 2.4.1.B.4 for additional dimensional requirements related to fuel dispensers
FI District Services Use Table
Accessory Uses up to 3,000 sq. ft. Including but not limited to, retailing,
cafeteria, personal services, restaurant o
auditorium accessory with and incidental
to a principal use
Accessory Uses from 3,001 – 10,000 sq.
ft.-Including but not limited to, retailing,
cafeteria, personal services, restaurant o
auditorium accessory with and incidental
to a principal use
Automotive Repair up to 3,000 sq. ft.
Automotive Repair from 3,001 to 10,000
sq. ft.
Computer Services up to 3,000 sq. ft.
Computer Services from 3,001 to 10,000
sq. ft.
Service/Commercial Businesses up to
3,000 sq. ft. (Including restaurants and
gas stations)
Service/Commercial Businesses from
3,001 to 10,000 sq. ft. (Including
restaurants and gas stations)
Daycare up to 3,000 sq. ft.
Daycare from 3,001 to 10,000 sq. ft.
Health Clubs up to 3,000 sq. ft.
Health Clubs from 3,001 to 10,000 sq. ft.
FI
P
Personal Service Businesses up to 3,000
sq. ft.
Personal Service Businesses from 3,001
to 10,000 sq. ft.
P
P = Permitted Use
C
P
C
P
C
P
C
P
C
P
C
C
C = Requires Conditional Use Permit
S = Requires Special Exception
CITY OF MANCHESTER
Article 7. Special District-Wide Regulations
ARTICLE 7. SPECIAL DISTRICT-WIDE REGULATIONS
SPECIAL REGULATIONS APPLICABLE WITHIN BASE DISTRICTS
7.01 Amoskeag Millyard Mixed Use District (AMX)
A. Limitations on New Construction. One of the major public objectives of the establishment
of the District is to maximize the retention and reuse of existing buildings. The uses permitted
by right, conditional use permit, or by special exception within the AMX District in the Table of
Uses of Article 5 are hereby limited to establishment within buildings which existed on or prior
to October 18, 1994, except that new construction may be authorized for the following uses in
accordance with the other provisions of this Article and this Ordinance:
1. Hotels, bed and breakfast and extended stay facilities that are developed in
conjunction with a convention center
2. Taxi, bus or railroad passenger or transit terminals
3. Parking structures
4. Retail and restaurant uses of 5,000 square feet or more
5. Private competitive sports facilities
6. Theaters, cinemas and concert halls
7. Cultural and institutional uses
B. Parking Analysis. Parking in strict conformance with Article 10, Off Street Parking and
Loading Requirements, shall not be required with the AMX District. A parking plan, however,
shall be developed for each property and shall be submitted as part of the BUDP to the Planning
Board.
The parking plan shall use the off-street parking space requirements of Article 10,
supplemented as necessary by other published research data on urban parking needs, as general
guidance to determine the expected parking demand to be generated by the uses within the
building. The expected demand on parking spaces may be modified based on the unique
characteristics of the individual structure or use and the characteristics of mixed uses which
operate at different hours of the day. The Plan shall identify how the expected parking demand
can be met utilizing on-site surface parking, parking to be made available within the building,
public parking available in on-street spaces or in parking garages or lots. The parking analysis
may also consider the availability of public or private satellite parking structures and lots served
by public transit or other regular shuttle services.
C. Review of BUDP. In evaluating a request for BUDP approval, the Planning Board shall take
into consideration:
1. The compatibility of proposed uses both within the buildings and in relation to
adjoining uses, taking into account the intent of this Ordinance to encourage a variety of
uses within the area;
2. The parking analysis submitted as part of the BUDP ;
Page 7 - 1
Article 7. Special District-Wide Regulations
3. The proposed design of the site and buildings and the compatibility with adjacent
properties as reflected in the findings and recommendations of the Millyard Design
Committee;
4. Consistency with land use plans for the District or portions thereof, management
policies, and design standards which may, from time to time, be adopted by the City;
5. The need to consider market demands and creative approaches to mixed uses;
6. Other requirements of this section and the purposes of the District.
D. Millyard Design Review Committee. In order to provide for proper design review necessary
to enhance the image and protect the interest in the Millyard, there is hereby established a
Millyard Design Review Committee. The Committee shall be composed of: a representative of
the Central Business Service District, the Planning Director, an aldermanic representative, and
the following members appointed by the Mayor for a term of three years: two property owners in
the district, a member of the Heritage Commission, and two members from the architectural or
design field.
The Committee shall be empowered to review any of the following actions within the District:
1. Major exterior rehabilitation or restoration of existing buildings, excluding normal
maintenance, repair or in-kind replacement of materials or components;
2. Changes to exterior signage. In order to reduce the need for repeated sign reviews, a
building owner may submit an overall building signage plan with prototype signage types
for review by the Committee;
3. Additions or new free standing structures.
The Committee shall report its findings and recommendations within 30 days to the Building
Commissioner or, in the case of a Conditional Use Permit, Building Use and Design Plan or Site
Plan Review application, the Planning Board. Neither the Planning Board nor the Building
Commissioner shall approve the proposed action, unless the Millyard Design Review Committee
shall find that the proposed action:
1. Shall not cause unnecessary destruction or blight of important natural or man-made
features of the landscape, nor the unnecessary obstruction of views of the Merrimack
River;
2. Shall be reasonably harmonious with the terrain, open space and the design, materials
and scale of existing buildings;
3. Shall provide for safe and convenient pedestrian circulation and support appropriate
amenities therefore; and
Page 7 - 2
Article 7. Special District-Wide Regulations
4. Shall incorporate signs of a scale, design, and type that are consistent with the
architectural and design guidelines of studies and reports commissioned by the City.
E. Historic District Requirements Also Applicable. In addition to the requirements of this
section, the entirety of the District is also subject to certain historic district overlay
requirements, provided for in Section 7.06 of this Article.
TOWN OF RAYMOND
Zoning Amendment 9
Article III – Zones, Section 3.100 Classes of Zones:
To add a new Subsection 3.360 Sewer Overlay District (SOD) to allow mixed-use development
to be located on the following Tax Map and Lot numbers, Map 22, Lots 9, 37, 38, 39, 40, 41, 42,
43, 44, 45, 46, 47 and 48, Map 23, Lots 24 and 25, Map 28-3, Lots 43 and 120, Map 27-4, Lot 32.
Development of such lots shall be part of a unified development with the provision that it be
served by both Town water and Town sewer and to amend Article IV Uses and Standards,
Section 4.100 et. Seq. Allowed Uses Table by adding Sewer Overlay District (SOD) including a
list of permitted uses.
At the December 15, 2005 Public Hearing, the Planning Board voted
to combine Amendment #9 with Amendment #10. The Planning Board also made changes
to this new subsection which include, but are not limited to: 1) an indication that the intent
and permitted uses in the SOD are designed to encourage primarily commercial and
industrial development while allowing a limited amount of multi-family residential. The
amendment was also changed to 1) prohibit commercial earth excavation and processing; 2)
to indicate that new development can occur prior to the availability of town water and
sewer under certain circumstances; and to provide a mechanism for changing or
amending the unified development plan. Further, the provisions of Article IV, Section 4.100
were changed to be consistent with the intent of the SOD. Such changes include, but are not
limited to a prohibition of excavation commercial purposes within the SOD while allowing
excavation incidental to construction.
Article III – Zones
Add the following new Sewer Overlay District (SOD) to Article III – Zones to read as follows:
3.100 Classes of Zones
SOD
Sewer Overlay District
3.360 Sewer Overlay District (SOD)
01 Intent: The Sewer Overlay District (SOD) is designed to encourage a mixture of land
uses as part of a unified development that could not otherwise occur in the underlying
zones. Town water and sewer, either existing or as a component of the proposed
development of a lot or lots, is a prerequisite to a site development plan approval under
this ordinance. All proposed site development plans considered under this ordinance
must conform to an approved Unified Development Plan. This overlay district is
specifically enacted in conjunction with the Town of Raymond’s initiative to construct
and operate a municipal wastewater treatment facility in conjunction with mixed-use
development at Exit 4. This district is designed to foster economic development of
primarily commercial and industrial development while allowing a limited amount of
multi-family residential. Other mixed uses may be appropriate, except earth excavation
and processing for commercial purposes which is not a compatible use within the SOD.
02 District Boundaries:
1
The SOD Sewer Overlay District is hereby defined as consisting of the following
properties identified on the Raymond Tax Maps as:
Tax Map #
22
22
22
22
22
22
22
22
22
22
22
22
22
23
23
28-3
28-3
27-4
03
Lot #
9
37
38
39
40
41
42
43
44
45
46
47
48
24
25
43
120
32
Acreage
39.10
2.66
1.0
1.0
1.0
1.0
1.0
22.57
2.18
15.86
29.59
12.84
13.16
8.03
67.11
4.24
71.75
1.84
Unified Development:
All development within this SOD must take place in accordance with a Unified
Development Plan approved by the Planning Board. For purposes of this ordinance, a
Unified Development Plan shall be defined as an overall plan that identifies in a
conceptual nature how the lot or lots contained in the plan will be developed in a manner
consistent with the intent of this ordinance and how the plan will allow and encourage the
development of other lots within the SOD zoning district, in a manner consistent with the
intent of the ordinance.
The Unified Development Plan must describe and illustrate, in written and graphic
format, and shall specify the intended locations and types of proposed uses, the layout of
proposed vehicle and pedestrian access and circulation systems, provision of transit
facilities and water and sewer facilities, and areas designated to meet requirements for
open space, parking, on site amenities, utilities and landscaping. It shall include
statements or conceptual plans describing how signage and lighting will be designed in a
unified and integrated manner within the district. In addition, the Unified Development
Plan shall indicate how the proposed uses will relate to the surrounding properties both
within and outside of the district.
The submittal of written concept statement(s) in lieu of a Unified Development Plan shall
not be accepted. In determining whether to approve a Unified Development Plan, the
2
Planning Board will consider the following criteria: a) compatibility of the plan with the
goals and objectives set forth in the Town’s Master Plan; b) compatibility of the plan
with the permitted uses in the Sewer Overlay District. Approval of the Unified
Development Plan must occur prior to the consideration of individual site development
plans for one or several contiguous lots within the SOD. All site development plans must
be reviewed and approved in accordance with this ordinance and the Planning Board’s
Site Plan, Subdivision and Earth Excavation Regulations prior to the issuance of any
building permits within the district.
Any Unified Development Plan may be changed or amended by an applicant and such
changes may occur concurrently with or prior to the submittal of individual site
development plans. To the extent that the approved Unified Development Plan addresses
lots within the SOD which are not owned by the applicant, then such approved plan shall
be binding only on the applicant and the owners of such other lots may seek changes to
the Unified Development Plan consistent with their own development project.
04
Special Provisions:
All new development, change of use, subdivision, site review or development requiring a
building permit must be connected to both town water and town sewer services.
Notwithstanding the above, application for new development may be made prior to the
availability of town water and sewer, provided that the proposed use is permitted as a
matter of right in the underlying districts or provided that relief is obtained from the
Zoning Board of Adjustment, and provided that the applicant proposes development
subject to a condition of approval that the property shall be connected to town water and
sewer when it becomes available within 100 feet of the property line.
05
Permitted Uses and Zones: See Article IV, 4.100 Allowed Uses Table
3
4.100 ALLOWED USES TABLE
ALLOWED USES
ZONE
ZONE
C.1
D
P-PERMITTED
SOD
SE-PERMITTED BY SPECIAL
EXCEPTION ONLY
X-NOT PERMITTED
C-1
D
P
P
X
P
Adult Business Establishment (03/99)
SE
X
Adult Day Care (when associated with
X
P
X
P
Adult Day Care
X
P1
X
P1
Automobile Service Station
P
X
P
P
6
Automobile Repair Garage
P
P
P
P
7
Automobile or Similar Vehicle Sales
P
P
X
X
X
X
X
X
maximum of 10 or less rooms (03/93)
P
X
P
X
Boarding House
P
X
P
X
Cafeteria or Restaurant
X
P
P
P
1
Accessory uses (i.e.; with and incidental
to a principal use), including but not
limited to: Factory Outlet Sales
2
3
X
X
an existing business in Zone D) (03/98)
4
5
Facility
8
Bed & Breakfast Inn – Limited to 5 or
less lodging rooms (03/93)
9
10
11
Bed & Breakfast Inn – Limited to a
4
12
13
14
Camping Areas
P
X
X
X
Church
P
X
P
X
Conservation Development-Single
X
X
X
X
SE
X
X
X
P
P
X
X
P
P
Family
15
16
Commercial Agriculture
Commercial Agriculture – Forestry
Only
17
Commercial Service Establishment
P
X
18
Conversion Apartment
P
X
19
Day Care Center
P
P1
P
P1
Dwelling – Two Family Unit
X
X
X
X
X
X
X
X
Processing
X
P
X4
X4
Excavation and Soil Removal
SE
P
X4
X4
Fast Food Restaurant
P
X
P
P
Flea Market (03/98)
P
X
X
X
20
21
23
25
26
X
Elderly Housing Overlay District
(03/04)**
22
X
Excavation and Soil Removal and
5
27
Heavy Industrial Establishment
X
SE
X
SE
28
Home Business, Home Shop, Home
P
X
X
X
Office
29
30
31
Hotels/Motels
P
Indoor Commercial Recreation Facility
SE
P
P
P
P
P
P
Industrial repair facility
X
P
X
P
Light Manufacturing (03/94)
SE
X
P
P
Light Industrial
X
P
P
P
Lumber Treatment Establishment
P
P
X
X
Machine shop
X
P
P
P
36
Manufactured Housing Parks
X
X
X
X
37
Manufactured Housing Subdivisions
X
X
X
X
Multi Family
X
X
P3
P3
Non Commercial Agriculture-not
P
P
X
X
32
33
34
35
38
39
including produce stands
40
Nursery School
P
X
P
P
41
Office Establishment
P
P
P
P
6
42
Outdoor Commercial Recreational
P
X
X
X
Private Educational Facility
P
X
P
X
Public Educational Facility
P
X
P
X
Public Recreation Facility
X
X
X
X
Produce Stand
P
X
X
X
Recycling Collection Center
P
X
X
X
Recycling Facility; Processing Center
X
SE
X
X
Research Lab
X
SE
P
P
Restaurant
P
X
P
P
Sales Establishment
P
SE
P
P
Single Family Detached Dwelling
X
X
X
X
Social Facility
P
X
X
X
Testing Lab
X
SE
P
P
Truck & Equipment Repair Garage
SE
P
Facility
43
44
45
46
47
48
49
50
51
52
53
54
55
7
SE
SE
56
Truck & Equipment Sales Facility
SE
Warehouse Establishment
P
58
Wholesale Business
X
59
Wireless Communications Facility
SE
57
P
X
X
P
P
P
P
P
P
SE
P
P
(03/97)
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2
3
4
As an accessory use to an operating primary allowed use (03/03)
Allowed only as an accessory to an allowed use and only for the sale of farm product or produce grown or made
on-site as part of an approved home occupation or an allowed commercial or non-commercial agricultural use
(03/03)
Where multi-family is a permitted use in the SOD it must comply with all the requirements of Section 4.600
Multi-Family Housing and shall not exceed a maximum density of sixteen (16) bedrooms per acre. Only 25
percent of the total acreage of the parcel can be used in calculating the density and no more than 25 percent of
the parcel may be developed for multi-family housing. Nothing in this provision shall prevent the balance of
the parcel acreage to be used for non-residential purposes.
Excavation that is exclusively incidental to the construction or alteration of a building or structure or incidental
to lot development consistent with the provision of the SOD overlay district are permitted provided that no such
excavation shall commence without appropriate state and local permits required for such construction, alteration
or development.
** Elderly Housing Developments may be allowed by Special Exception in Zone H and I.
*** Elderly Housing shall NOT be permitted in any of the following zones: Zone C1, Zone D, Zone G and Zone F.
8