Every parcel of land and any buildings or structures thereon in the City of Concord are subject to the restrictions of a Base District, as established hereinafter, and may be subject to the provisions of one or more Overlay Districts, as established hereinafter and described in Article 28-3, Overlay Districts, of this ordinance. Land, buildings, or structures shall be used only if and to the extent that a proposed use is permitted both in the Base District and any applicable Overlay District. Wherever the regulations differ between the Base and Overlay Districts, the regulations that impose the more restrictive provisions or the higher standards shall control.

(a)

Establishment of Districts. All of the land in the City of Concord is hereby divided into Base Districts, as entitled hereinafter, with the district boundaries delineated on the Zoning Base District Map, as established pursuant to Section 28-2-3(a) of this ordinance. Certain lands within the City of Concord are hereby included in Overlay Districts, entitled hereinafter, and as shown on the Zoning Overlay District Maps, established pursuant to Section 28-2-3(b). The Overlay Districts are superimposed upon the Base Districts, and the provisions of each Overlay District, as enumerated in Article 28-3, Overlay Districts, of this ordinance, shall be in addition to the provisions of the Base Districts. Those Base Districts identified as Performance Districts are established in accordance with the provisions of RSA 674:21, Innovative Land Use Controls.

(b)

Purposes of the Established Districts. The Base Districts are established for the purposes so stated hereinafter. A statement of purpose for each Overlay District is included in Article 28-3, Overlay Districts, of this ordinance.

(1)

The Open Space Residential (RO) District is established to accommodate single-family detached dwellings and cluster developments at densities not exceeding one-half (1/2) of a dwelling unit per acre, and single-family detached dwellings with one accessory dwelling unit (ADU) at densities no greater than one dwelling unit per acre, as well as agricultural, forestry, and low impact outdoor recreational uses outside of the Urban Growth Boundary adjacent to environmentally sensitive areas and where municipal utilities are generally not present or anticipated.

(2)

The Medium Density Residential (RM) District is established to accommodate single-family detached dwellings, single-family detached dwellings with one accessory dwelling unit (ADU), two-family dwellings, cluster developments, and planned unit developments at densities of between one and five (5) dwelling units per acre, and housing for the elderly at densities not exceeding fourteen (14) dwelling units per acre, in areas within the Urban Growth Boundary where municipal utilities are present or anticipated, with the lowest density corresponding to the absence of utilities and the greater densities corresponding to full municipal utility service.

(3)

The Single-Family Residential (RS) District is established to encompass those areas of the City that have been substantially developed under prior provisions of the Zoning Ordinance as standard or cluster subdivisions of single-family detached dwellings at densities of one and one-half (1 ½) to four and one-half (4 ½) dwelling units per acre, and to accommodate single-family detached dwellings and cluster developments at densities not exceeding three and one-half (3 ½) dwelling units per acre, and housing for the elderly at densities not exceeding six (6) dwelling units per acre, in areas with full municipal utility services.

(4)

The Neighborhood Residential (RN) District is established to encompass the substantially developed urban neighborhoods and village centers consisting of detached and attached dwellings at densities not exceeding ten (10) units per acre, and housing for the elderly at densities not exceeding fourteen (14) dwelling units per acre, in areas where full municipal utility services are available.

(5)

The Downtown Residential (RD) District is established to incorporate the fully developed neighborhoods of mixed residential uses surrounding the downtowns of Concord and Penacook at densities not exceeding fourteen (14) units per acre in areas with full municipal utility services.

(6)

The High Density Residential (RH) District is established to include existing multifamily and mobile home park developments located on large parcels at densities not exceeding fourteen (14) units per acre in areas with full municipal utility services.

(7)

The Neighborhood Commercial (CN) District is established to allow a range of residential uses together with small scale convenience retail and personal service uses within a compact area that will serve a surrounding residential neighborhood. The commercial uses permitted in this District are not intended to impose impacts of excessive traffic, noise, or light upon the neighborhood and are intended to be compatible in scale and appearance with adjacent residential uses.

(8)

The General Commercial (CG) District is established to provide for a mixture of retail, restaurant, service uses, and high density residential uses, serving a city-wide or regional market and which require access from arterial streets and proximity to limited access highways. Appearances from the street, and buffering and screening for adjacent neighborhoods are of concern for development in this District.

(9)

The Urban Commercial (CU) District is established to recognize areas adjacent to the downtowns of Concord and Penacook as well as proximate to Downtown Residential Districts, within which are permitted a mixture of office, retail, restaurant, service, lodging, and high density residential uses. Appearance is important at these downtown entryways, as is compatibility with the abutting neighborhoods.

(10)

The Central Business Performance (CBP) District is established to encompass the traditional downtowns of Concord and Penacook, incorporating a wide range of uses including retail, restaurant, service, entertainment, cultural, lodging, office, governmental, and high density residential uses as well as mixed use developments. The majority of uses are housed within architecturally significant 19th century structures in a pedestrian-oriented area, with little or no on-site parking, and parking is generally provided in structures and on the street. New buildings and additions to existing buildings in downtown Concord shall be designed in such a manner as to not obstruct views of the State House Dome, or exceed the maximum height limit, unless a Conditional Use Permit has otherwise been approved by the Planning Board.

(11)

The Gateway Performance (GWP) District is established to provide for well designed, large scale commercial development along arterial streets at entrances to the City. Permitted uses will be predominantly commercial and may include both individual and mixed use developments of retail, restaurant, service, and office uses. Fully serviced by municipal utilities, the uses developed within this District are expected to adhere to high standards for appearance in order to ensure that the gateways to the City are attractive and functional. Buffering and screening for adjacent neighborhoods are of concern for development at the edges of this District.

(12)

The Opportunity Corridor Performance (OCP) District is established for the economic redevelopment of under utilized urban properties located between downtown Concord's Central Business Performance (CBP) District and Interstate 93, as well as in other former brownfield locations in the City. The range of permissible uses, including retail, restaurant, service, and office, are intended to reinforce, but not compete with the CBP District as a retail, office, and government center. High density residential uses may be allowed immediately adjacent to the CBP Districts in downtown Concord and Penacook. Development design standards for buildings and signs in the District should improve the visual character of the City as seen from the highway, provide an inviting entryway to the City's historic downtowns, and incorporate screening for adjacent neighborhoods. New buildings and additions to existing buildings in the OCP District adjacent to downtown Concord shall be designed in such a manner as to not obstruct views of the State House Dome, or exceed the maximum height limit, unless a Conditional Use Permit has otherwise been approved by the Planning Board.

(13)

The Office Park Performance (OFP) District is established to provide for the large scale, integrated development of professional offices, and research and development facilities. The design standards should provide for a unified plan of development as an office park or campus-style setting. There should be an emphasis on the quality of architectural design of buildings which are to be compatible with their natural surroundings and adequately screened from any adjacent neighborhoods. Standards should also ensure the provision of full municipal utility services and access to the City's collector and arterial streets.

(14)

The Civic Performance (CVP) District is established in an area between Concord's Central Business (CBD) District and the surrounding Downtown Residential (RD) District to accommodate federal, state, county, and local offices, together with cultural and high density residential uses. The District is intended to provide for a mixture of new and traditional architecture in a pedestrian environment, while ensuring the availability of an adequate supply of parking, including structures and on-street.

(15)

The Institutional (IS) District is established to accommodate large scale governmental, educational, healthcare, and cultural facilities together with medical and professional offices and high density residential uses in buildings of high quality architectural design, and within well landscaped environs. All uses in the IS District shall have full municipal utility services and access to the City's collector and arterial streets and to limited access highways.

(16)

The Industrial (IN) District is established for the development of manufacturing, research and development facilities, wholesaling, warehousing, distribution, and offices, wherein full municipal utility services are available as is access to the City's collector and arterial streets, and adequate screening is provided for adjacent neighborhoods. Access may also be available to rail or air transportation within the IN District.

(17)

The Urban Transitional (UT) District is established to recognize areas of mixed use between established residential neighborhoods and existing commercial development wherein existing buildings and lots will be allowed to be converted to office, personal service, and high density residential uses, in a manner which will buffer and otherwise insulate the residential neighborhood from the traffic, visual, light, noise, and other impacts associated with the commercial development.

(18)

The Highway Commercial (CH) District is established to provide for a mixture of uses including retail, office, restaurant, and service uses, as well as motor vehicle sales and repair uses, serving a city-wide or regional market, located along arterial and collector roads and in proximity to limited access highways, and with municipal utility services fully available. Appearances from the street, and buffering and screening for adjacent neighborhoods are of concern for development in this District.

(Ord. No. 2666, § I, 3-12-07; Ord. No. 2808, § I, 12-13-10; Ord. No. 2842, §§ I, II, VII, 8-8-11; Ord. No. 2979, § I, 5-8-17; Ord. No. 3168, § I, 8-12-24)

The Zoning Map shall consist of a set of maps including the Zoning Base District Map and certain Overlay District Maps, the originals of which shall be kept in the Office of the City Clerk, and shall bear the City Seal and the signature of the Mayor, as attested to by the City Clerk.

(a)

The Zoning Base District Map. The Zoning Base District Map shall display the boundaries of all of the Base Districts and of certain Overlay Districts, as established in Section 28-2-2(a), within the City of Concord;

(b)

The Zoning Overlay District Maps. The Zoning Overlay District Maps are a series of topical maps displaying those Overlay Districts that are not otherwise displayed on the Zoning Base District Map, as follows:

(1)

The boundaries of, and special limits within, the Flood Hazard (FH) District shall be identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for the County of Merrimack, New Hampshire" (FIS), with an effective date of April 19, 2010, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM).

(2)

The Shoreland Protection Map delineates the limits of the areas subject to the Shoreland Protection (SP) District;

(3)

The Historic District Map displays the limits of land subject to the Historic (HI) District; and

(4)

The Aquifer Protection District Map displays the limits of land subject to the Aquifer Protection (AP) District.

(c)

Amendments to the Zoning Map. Amendments to the Zoning Map shall be considered in accordance with the provisions of Article 28-10, Amendments, of this ordinance.

(d)

Interpretation of District Boundaries. The location of District boundaries shall be as shown on the Official Zoning Maps or as otherwise described in this ordinance. Where any uncertainty exists with respect to the boundary of any District as shown on the Zoning Base District or Overlay District Maps, the following rules shall apply:

(1)

Where a boundary is indicated as a highway, street, alley, railroad, utility right-of way, watercourse or City boundary, it shall be construed to be the centerline thereof or such City boundary;

(2)

Where a boundary is indicated as approximately parallel to a highway, street, alley, railroad, utility right-of-way, watercourse or City boundary, it shall be construed as parallel thereto at such distance from the edge of the right-of-way thereof as shown on the Zoning Maps;

(3)

Where a boundary coincides within ten (10) feet or less with a lot line, the boundary shall be construed to be the lot line; and

(4)

If no dimension is given on the Zoning Maps, the location of any boundary shall be determined by the Deputy City Manager for Development, or their designee, by use of the graphic scale shown on the Zoning Maps.

(e)

Lots Transected by a District Boundary. When an existing lot of record is transected by a zoning district boundary which was established at the effective date of this ordinance, the regulations of this ordinance that are applicable to the larger part by area of such lot may, at the option of the owner, be deemed to govern the smaller part of the lot beyond such district boundary but only to an extent of not more than forty (40) linear feet in depth beyond such zoning district boundary.

(f)

Lots Transected by a Municipal Boundary. Where a lot is situated in part in the City of Concord and in part in an adjacent municipality, the entire lot shall be considered as if it were situated within the applicable zoning district in the City of Concord.

(Ord. No. 2751, § I, 5-11-09; Ord. No. 2784, § I, 3-8-10; Ord. No. 2808, § II, 12-13-10; Ord. No. 3030, § II, 2-11-19; Ord. No. 3166, § I, 7-8-24)

(a)

Uses Permitted by Right. A use denoted by the letter "P" within a zoning district, as set forth in Section 28-2-4(j), Table of Principal Uses, and Section 28-2-4(k), Table of Accessory Uses, of this ordinance, is a use permitted by right in that district, subject to all other applicable sections of this ordinance and other local, state, and federal laws, rules and regulations.

(b)

Uses Permitted by Special Exception. A use denoted by the letters "SE" within a zoning district, as set forth in Section 28-2-4(j), Table of Principal Uses, and Section 28-2-4(k), Table of Accessory Uses, of this ordinance, is a use which may be authorized by special exception in that district, subject to all other conditions of approval as specified in this ordinance. The Board of Adjustment may grant special exceptions in accordance with the procedures and conditions set forth in Section 28-9-3, Decisions by the Board of Adjustment, of this ordinance, subject to all other applicable sections of this ordinance and other local, state, and federal laws, rules and regulations.

(c)

Uses Permitted by Conditional Use Permit. A use denoted by the letters "CU" within a zoning district, as set forth in Section 28-2-4(j), Table of Principal Uses, and Section 28-2-4(k), Table of Accessory Uses, of this ordinance, is a use which may be authorized by a conditional use permit in that district, subject to all other conditions of approval for such as specified in this ordinance. The Planning Board may grant a conditional use permit in accordance with the procedures and conditions set forth in Section 28-9-4, Decisions by the Planning Board, of this ordinance, subject to all other applicable sections of this ordinance and other local, state, and federal laws, rules and regulations.

(d)

Uses Not Permitted. A use denoted by a dashed line (—) within a zoning district, as set forth in Section 28-2-4(j), Table of Principal Uses, and Section 28-2-4(k), Table of Accessory Uses, of this ordinance, is a use which is not permitted in that district.

(e)

Administrative Classification of Uses Not Specified or Changes in Use.

(1)

In the event that a proposed use is not specified in the Section 28-2-4(j), Table of Principal Uses, or Section 28-2-4(k), Table of Accessory Uses, of this ordinance, or where a change is proposed from a permitted use to another use, the Deputy City Manager for Development, or their designee is authorized to render a decision on the classification of said use. Any determination involving a nonconforming use shall be made pursuant to Article 28-8, Nonconforming Lots, Uses, and Structures, of this ordinance.

(2)

In reaching a decision on the classification of a use, the Deputy City Manager for Development, or their designee shall consider the similarity of the proposed use to other uses included in the Table of Principal Uses and the Table of Accessory Uses, in terms of the characteristics, function, or the intensity of the use. The Code Administrator may also consider the similarity of a proposed nonresidential use to the hierarchy of nonresidential uses as developed by the U. S. Department of Labor, Standard Industrial Classification (SIC) system.

(3)

The Deputy City Manager for Development, or their designee, shall render a decision which indicates an administrative classification of the proposed use or change in use, and that said use is either a use which is permitted by right; or is a use which requires a special exception, conditional use permit, or other approval; or is a use which is not permitted under this ordinance.

(4)

Appeals of any such determination of an administrative classification shall require an appeal to the Board of Adjustment under the procedures set forth in Section 28-9-3, Decisions by the Board of Adjustment, of this ordinance.

(5)

A change in use from one nonconforming use to another nonconforming use shall require a special exception from the Board of Adjustment, subject to the review criteria established in Article 28-8, Nonconforming Lots, Uses and Structures, of this ordinance.

(f)

Development Design and Supplemental Standards. Certain uses set forth in Sections 28-2-4(j), Table of Principal Uses, and Section 28-2-4(k), Table of Accessory Uses, of this ordinance, are subject to specific conditions and standards contained in Articles 28-4 and 28-5, Development Design Standards and Supplemental Standards, respectively, of this ordinance. The section number of the applicable design or supplemental standards pertaining to a use is indicated in the extreme right hand columns of the Table of Principal Uses and the Table of Accessory Uses, under the heading "Development Design and Supplemental Standards". The referenced standards shall apply to all such uses in all zoning districts in which the use is located, regardless of whether the use is permitted by right, special exception, or conditional use permit. Uses subject to development design and supplemental standards are subject to all other applicable sections of this ordinance and other local, state, and federal laws, rules and regulations.

(g)

All Uses Subject to Overlay District Provisions. In addition to the use regulations which pertain to the base districts designated within Section 28-2-4(j), Table of Principal Uses, and Section 28-2-4(k), Table of Accessory Uses, of this ordinance, certain regulations and procedures for overlay districts are set forth in Article 28-3, Overlay Districts, of this ordinance. Uses which are authorized by the Table of Principal Uses and the Table of Accessory Uses, may be further restricted or prohibited entirely if they are also located within one or more overlay districts. Wherever there is a conflict between the provisions of an overlay district and a base district, the provision which imposes the greater restriction or the higher standard shall control.

(h)

Multiple Principal Uses on a Single Lot. For all nonresidential uses, and for residential uses including three (3) or more dwelling units, multiple principal uses may be established on a single lot to the extent that such uses are authorized within Section 28-2-4(j), Table of Principal Uses, of this ordinance, for the district in which the lot is located. More than one single-family dwelling may be located on a single lot only pursuant to Section 28-4-7, Cluster Development, of this ordinance. More than one single-family dwelling and more than one two-family dwelling may be located on a single lot only pursuant to Section 28-4-8, Planned Unit Development, of this ordinance. More than one manufactured home may be located on a single lot only pursuant to Section 28-4-6(g), Development Standards for a Manufactured Housing Park, of this ordinance. The establishment of multiple principal uses shall be subject to all the requirements of this ordinance as they pertain to each individual use, including applicable development design and supplemental standards for each use, and to the granting of special exceptions or conditional use permits if such are required.

(i)

Subdivision and Site Plan Approval. The subdivision of land is subject to the approval of the Planning Board in accordance with the provisions of the Subdivision Regulations. The development of certain residential and nonresidential projects is subject to approval in accordance with the provisions of Section 28-9-4(d), Site Plan Review, of this ordinance, and the Site Plan Review Regulations. All uses permitted within base districts that are designated as Performance Districts shall be subject to site plan review. Other projects for which site plan review is required are enumerated in Section 28-9-4(d), Site Plan Review, of this ordinance. 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, as applicable, under the provisions of Section 28-9-4(b), Conditional Use Permits, of this ordinance.

(j)

Table of Principal Uses. In the base districts established under Section 28-2-2, Zoning Districts Established, of this ordinance, no building, structure, or land shall be used or occupied except as set forth hereinafter in the Table of Principal Uses, subject to all other provisions and standards of this ordinance, and other local, state and federal laws, rules and regulations. The Table of Principal Uses is organized according to a functional and economic classification of land uses, as follows:

A.

Residential

B.

Educational and Institutional

C.

Services - Entertainment and Recreation

D.

Services - Personal and Business

E.

Services - Medical

F.

Services - Financial and Professional

G.

Services - Lodging and Meeting Facilities

H.

Retail Trade

I.

Restaurants, Eating, and Drinking Places

J.

Motor Vehicle Sales and Service

K.

Transportation, Communications, and Utilities

L.

Manufacturing and Construction

M.

Agricultural

(k)

Table of Accessory Uses. In the base districts established under Section 28-2-2, Zoning Districts Established, of this ordinance, no accessory building or structure shall be constructed, used, or occupied, and no accessory use of land shall be established except as set forth hereinafter in the Table of Accessory Uses, subject to all other provisions and standards of this ordinance, and other local, state and federal laws, rules and regulations. 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 Nonresidential Use

C.

Accessory to Any Principal Use

TABLE OF PRINCIPAL USES

(Ord. No. 2463, §§ II, III, 2-18-03; Ord. No. 2665, § I, 2-12-07; Ord. No. 2666, § I, 3-12-07; Ord. No. 2837, § I, 7-11-11; Ord. No. 2842, §§ IV, VIII, 8-8-11; Ord. No. 2843, § II, 9-12-11; Ord. No. 2851, §§ I, II, 10-11-11; Ord. No. 2890, §§ II, III, 8-13-12; Ord. No. 2943, §§ I, II, 5-11-15; Ord. No. 3006, §§ I, II, 4-9-18; Ord. No. 3051, § II, 10-15-19; Ord. No. 3055, § I, 11-12-19; Ord. No. 3073, § I, 8-10-20; Ord. No. 3122, § I(Att. 1), 2-14-22; Ord. No. 3166, § II, 7-8-24; Ord. No. 3167, § I(Att.), 7-8-24)

TABLE OF ACCESSORY USES

(Ord. No. 2771, § I, 10-13-09; Ord. No. 2842, § V, 8-8-11; Ord. No. 2856, § III, 11-14-11; Ord. No. 2860, § II, 12-12-11; Ord. No. 2890, §§ IV—VI, 8-13-12; Ord. No. 2954, § III, 12-14-15; Ord. No. 2979, § II, 5-8-17; Ord. No. 3006, § III, 4-9-18; Ord. No. 3055, § II, 11-12-19; Ord. No. 3167, § I(Att.), 7-8-24; Ord. No. 3186, § II, 10-14-25)