Permitted uses.

Minimum lot area:

Minimum frontage requirement: 125 feet.

Minimum yard depths:

Nonresidential uses allowed by conditional use permit. The following nonresidential uses shall be eligible for conditional use permit, as provided herein:

Required conditions for issuance of conditional use permit. The Planning Board shall issue a conditional use permit for any of the uses listed in Subsection F(1), subject to the terms, conditions and restrictions of this section, if the Board shall find all of the following to be true:

Duration. All conditional use permits issued pursuant to the provisions of this section shall “run with the use” and not be subject to revocation unless:

Conditions and restrictions. The following general rules apply to the granting of a conditional use permit:

Application. Applicants shall be required to submit an application for a conditional use permit in such detail as may be set forth in regulations established by the Planning Board.

Professional office of 5,000 gross square feet (gsf) or greater with multiple occupants or at least 2,500 gsf with a single occupant, or with no minimum gsf on lots of record in existence as of the adoption of this section that have a land area less than the area requirements imposed by this section.

Natural expansion of valid preexisting nonconforming uses (VPENCU), existing as of the adoption of this section, as provided in Article XIII of this chapter, by NH state statues, and by relevant case law.

Hotel and/or conference center.

Full-service restaurants. Drive-through service shall not be permitted as part of this use.

Retail sales of 5,000 gross square feet (gsf) or greater that may be divided into smaller individual retail establishments, or with no minimum gsf on lots of record in existence as of the adoption of this section that have a land area less than the area requirements imposed by this section. Drive-through service shall not be permitted as part of this use.

Pharmacy, including drive-through service.

Filling station for the sale of gasoline and accessory uses. This includes a mini-mart and/or sale of food items. No additional stations shall be allowed within 1,000 feet of an existing or proposed station.

Bank of 1,500 gross square feet (gsf) or greater, which may include drive-through service.

Wholesale sales of 2,500 gross square feet (gsf) or greater, or with no minimum gsf on lots of record in existence as of the adoption of this section that have a land area less than the area requirements imposed by this section, which may include retail sales and contract installation or construction as accessory uses. Drive-through service shall not be permitted as part of this use.

Retail sales or leases of new automobiles and trucks of 2,500 gross square feet (gsf) or greater, which may include any of the following as accessory uses: wholesale sales of new automobiles and trucks, retail and/or wholesale sale of used automobiles and trucks or servicing and repair of automobiles and trucks.

Medical office.

Health service facility.

Minimum lot area:

Minimum frontage requirement: 200 feet.

Minimum lot width: 200 feet at the thirty-five-foot front setback line.

Minimum yard depth:

Any development in this district shall be subject to the architectural design regulations contained within Chapter 170, the Land Development Control Regulations.

Uses specifically prohibited in the GC-II District:

Professional office of 5,000 gross square feet (GSF) or greater with multiple occupants or at least 2,500 GSF with a single occupant.

Full-service restaurants. Drive-through service shall not be permitted as part of this use.

Retail store of 5,000 gross square feet (GSF) or less. A structure may be divided into smaller individual retail establishments so long as the total GSF is 5,000 or less.

Pharmacy. Drive-through service shall be limited to one drive-through window.

Bank of 1,500 gross square feet (GSF) or greater. Drive-through service shall be limited to one drive-through window.

Minimum lot area:

Minimum frontage requirement: 200 feet.

Minimum lot width: 200 feet at the thirty-five-foot front setback line.

Minimum yard depth:

Architecture shall be complementary with the historic site and shall be subject to the architectural design regulations contained within Chapter 170, Land Development Control Regulations.

Construction of any structure shall not exceed the height of the tallest building on the historic site in the zone.[1]

Sexually oriented businesses.

Wireless communication facilities.

The following types of uses shall be permitted:

Single-family dwelling units existing as of July 19, 2013, shall be considered legal, permitted uses.

Minimum lot area:

Minimum frontage requirement: 125 feet.

Minimum yard depths:

Bank.

Commercial performing and fine arts schools and studios.

Conference center.

Day care.

Hotel.

Inn.

Indoor commercial recreation.

Manufacturing.

Medical office.

Movie and recording studios.

Multifamily residential per § 165-32.4J.

Professional office.

Publishing.

Restaurant.

Retail sales establishment.

Warehouse - only as an accessory use, not to exceed 5,000 square feet in size.

Manufactured housing units in existence as of September 13, 2019, shall be considered legal, permitted uses. No additional manufactured housing units are allowed after this date.

Retail uses, professional offices, and personal or professional services in one-and-one-half-story buildings of 1,500 square feet or less, and up to 5,000 square feet when in buildings of two or more stories. Buildings in this type of area may contain other compatible uses, such as civic and institutional uses of community importance, specifically including second-floor residential uses.

Natural expansion of valid preexisting, nonconforming uses existing as of the adoption of this amendment, September 13, 2019, as provided in Article XIII of this chapter, by New Hampshire State statutes, and by relevant case law.

Any use not listed in this section is deemed prohibited and cannot be permitted without a variance from the Zoning Board of Adjustment. The Zoning Board of Adjustment, before considering any application for a variance under this section, shall refer such application to the Planning Board to seek the Board's advice and comment as to the suitability of the use for the lot in question, taking into consideration the effect of the variance upon the character of the zoning district and any other pertinent data in respect to the Master Plan. The Zoning Board of Adjustment may also request such further information that it deems the Planning Board could supply. The Planning Board's advice, comment, and report on any further requested information shall in all cases be considered informational and nonbinding on the decision of the Zoning Board of Adjustment. The Planning Board's advice and comments shall be delivered to the Zoning Board of Adjustment, in writing, within 30 days of such referral.

Minimum lot area: none.

Minimum frontage requirement: 50 feet.

Minimum yard depths: Front, side, and rear yard depths shall be as agreed upon by the Planning Board and the applicant. In no case shall the setback be less than 10 feet. Building setbacks to structures on an adjacent lot shall be a minimum distance of 30 feet.

Maximum building height: The Planning Board will determine the height restriction based on the scale of the development and the topography of the land. The intent is to maintain the character of the district and to not have buildings that are excessively taller than those in the district.

Flag lots are not permitted.

Preexisting development near the proposed site.

Environmental resources that may be detrimentally impacted by the development.

Consistency with the development of the Master Plan.

Consistency with the architectural design regulations specific to this district.

Any other relevant factors to protect the health, safety, and welfare of Town residents.

Any provision of this section may be waived when, upon application by the applicant to the Planning Board, the Board determines, in its sole discretion that:

Requests for waivers must be written, and the Planning Board must vote on each wavier request at a properly noticed public hearing.

Housing. The Planning Board shall determine the allowable number of dwelling units on a case-by-case basis, and based upon the scope of the overall project, in order to provide enough dwelling units in the development to support the accompanying small-scale retail, and to allow the Town to better plan for and provide for the increase in local services that accompanies population growth within a town.

Density determination. The average density shall vary dependent upon soil conditions, water and sewer connections, wetlands, topography, and other features of the land. In no case shall the average density be lower than that of a conventional subdivision found in the Low Density Residential District.

Density bonus. A density bonus of one unit per five acres shall be granted where applicants provide for full public access to community amenities, such as trails, ballfields or playgrounds. The Board may grant other density bonuses based on provisions of market-rate housing, protection of sensitive environmental resources, or the provision of other amenities.

Overall form and spatial relationships.

Street and sidewalk network.

Pedestrian and bicycle access.

Streetscape.

Must be part of a mixed use development.

Multifamily dwellings are limited to one- and two-bedroom units.

The maximum number of dwelling units allowed per building will depend upon factors, including, but not limited to, density considerations for the lot, the number of buildings being proposed for the lot, and whether the proposal will be consistent with the purpose of this section and the overall character of the surrounding area within the zoning district.

The applicant shall request an informal consultation with the Planning Board, pursuant to RSA 676:4, 11(a), to discuss the proposal and preliminary concepts associated with the proposed development and provide the Board an opportunity to provide its input prior to full engineering design of the project.

Following consultation with the Planning Board, the applicant shall submit the project to the Technical Review Committee (TRC) process.

No project shall be accepted for final application to the Planning Board without conceptual consultation and TRC review of the plan.

Single-family dwelling units existing as of July 16, 2015, shall be considered legal permitted uses.

Hotels.

Bed-and-breakfasts.

Inns.

Multiunit residential uses are only permitted as a mixed use in conjunction with permitted nonresidential uses, subject to the following limitations:

Retail sales establishment.

Pharmacy.

Banks.

Transporation center.

Travel agent.

Commercial service establishments.

Contractor.

Indoor recreational facility.

Commercial performing and fine arts schools and studios.

Professional office.

Office.

Restaurant.

Library.

Public/private educational facility.

Radio and television broadcasting studios exclusive of transmitter facilities (upper levels only).

Home occupations (located in single family dwellings existing as July 16, 2015).

Parking facilities.

Light manfacturing.

Any public use or use by a semi-public agency whose activities are primarily non-profit in nature.[1]

Minimum lot area:

Minimum frontage requirement: 50 feet.

Minimum lot width: 50 feet at the ten-foot setback line.

Maximum yard depth:

Minimum yard depth:

Maximum building or structure height. No building or structure within this district shall be higher than 350 feet above sea level in elevation.

Lots existing as of July 16, 2015, regardless of area or frontage, are considered buildable lots provided all other applicable requirements are met.

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:

Uses permitted by special exception:

Mixed uses. Uses permitted by special exception, as provided in Subsection H(1), shall not be as a mixed use in conjunction with any other permitted use or other use by special exception.

Required conditions for special exception. In granting a special exception under the terms of this Subsection H, the ZBA must find all the following to be true:

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:

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 § 165-16 of this chapter and Chapter 170, Land Development Control Regulations

Bank.

Bed-and-breakfast.

Brewpub.

Commercial performing fine arts school and studio.

Commercial service establishment.

Day care.

Dwelling, multi-family as per § 165-49B(1).

Dwelling, single-family detached.

Home occupation/business.

Industrial establishment, light.

Laboratory (medical/dental).

Laboratory, research, experimental, testing.

Medical office.

Microbrewery.

Multi-unit commercial establishment.

Office.

Professional office.

Research and development facility.

Research lab.

Restaurant.

Retail sales establishment as provided in Subsection D.

Conversion of existing structures. Existing residential structures may be converted to a permitted nonresidential use provided that:

New construction. If an existing residential structure is removed, in whole or in part, or if a vacant parcel is developed for the purpose of establishing a permitted nonresidential use, the following requirements shall apply:

General provisions.

No off-street parking will be allowed on the lot any closer than 25 feet from the street right-of-way line.

It shall have a minimum width of 10 feet, being parallel to and running the entire length of the nonresidential use property line, or as required by the Planning Board.

It shall be planted with a single row of evergreen-type trees or shrubs which, at the time of planting, shall have a minimum height of six feet. Said trees or shrubs shall also be maintained at a height of at least six feet.

The spacing of said trees or shrubs shall be such that they will create a dense screening at the time of planting.

When the existing trees and understory vegetation in the buffer zone are sufficiently dense so as to provide screening at least as effective as the minimum plantings specified in Subsection H(2) and (3), above, the Planning Board may opt to require the maintenance of the existing vegetative buffer in lieu of cutting it down to accommodate new plantings, or may opt to require a combination of new plantings and existing vegetative buffer.

Landscaping of the buffer zone shall be approved by the Planning Board.

All existing lots within this district, having structures thereon, shall be considered to be legally conforming lots until such time as the structures are either removed or damaged by storm or fire to the extent that the replacement or repair cost exceeds 50% of the original structure's assessed valuation; then such lots shall be considered to be nonconforming lots unless they meet the lot area and frontage requirements cited in Subsection E(2)(a) of this section.

Existing nonconforming structures may continue to be used for legally permitted purposes until such time as they are either removed or damaged as described in Subsection K(1); then such structures may only be replaced in accordance with the requirements of this section, other pertinent provisions of this chapter, and in accordance with Chapter 170, Land Development Control Regulations.

Existing nonconforming structures and nonconforming lots and uses shall not be rendered more nonconforming.

All existing nonconforming uses which legally existed on August 2, 1991, may continue until such time as they are discontinued for a period of 12 consecutive months; then they may be replaced only by a permitted use.

Business and professional offices, such as those for doctors, dentists and related health-care facilities.

Single-family detached dwellings.

Single-family detached dwellings containing a maximum of one business or professional office of the type described herein.

Those uses allowed pursuant to § 165-32A(1).

Wireless communications facilities.

Congregate-care facilities; assisted-living facilities.

Asian Bodywork Therapist /Reflexology/Structural Integrator.

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, odor, 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:

Minimum lot area:

Minimum frontage requirement: 125 feet.

Minimum lot width: 125 feet at the thirty-five-foot front setback line.

Minimum yard depths:

Business, professional, administrative or headquarters offices.

Research, experimental or testing laboratories, excluding animal experimentation and pharmaceutical.

Medical and dental laboratories.

Animal hospitals and veterinary clinics.

Research and development facilities.

Existing residential uses as of the date of adoption of this section.

Wireless communications facilities.

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, odor, 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:

Minimum lot area. The minimum lot area required shall be three acres, or larger, as shall be determined by the soils-based lot size determination provisions of Chapter 170, Land Development Control Regulations.[1]

Minimum frontage requirement: 200 feet.

Minimum lot width: 200 feet at the thirty-foot setback.

Minimum yard depths:

NC Districts are intended to be floating districts and may be located anywhere within residential districts, provided that they meet the following criteria:[1]

In the event that more than one applicant submits an application for establishment of an NC District which, if approved, would conflict with Subsection B(1)(a) above, the first application received by the Planning Board which contains complete and correct data, information, permits and approvals shall take precedence.

An NC District shall continue to exist as long as it is in compliance with the provisions of this chapter, including but not limited to the provisions related to hours of operation. A period of one year following Planning Board approval and recording of a plat is allowed for the construction and commencement of operation of the facilities, as evidenced by the issuance of a certificate of occupancy, failing which the CEO shall issue a notice of termination of NC District which shall be filed in the Registry of Deeds. The one-year period may be extended by, and following application to, the CEO for a reasonable additional period of time, provided that the applicant has diligently pursued and has, in good faith, attempted to complete construction within such time period.

In the event that an NC District (or the activities permitted therein) fails to comply with the requirements of this chapter, in any way, for an aggregate period of 90 days in any twelve-month period, the CEO of the Town of Derry shall revoke the certificate of occupancy for all facilities and operations within the NC District. Within 30 days following the final outcome of any permitted appeals of the decision of the CEO which result in the decision being sustained, the CEO shall issue a notice of termination of NC District, which shall be filed in the Registry of Deeds.

The duration of the NC District shall not be adversely affected by the expansion of an industrial or business district subsequent to the approval and recording of an NC District plat.

The retail sale of grocery and sundry items, including, as a minimum, milk, bread, eggs, soda and newspapers as customarily found in a convenience store. No sale for on-premises consumption is permitted. (Sale of coffee and doughnuts for off-premises consumption is permitted.)

The retail rental of audio or video tapes or discs as a secondary use to Subsection E(1) above. Such secondary use shall not occupy more than 25% of the usable floor area of the building.

Any use or activity not expressly permitted above.

Outside storage or display of goods or merchandise.

Sale of motor fuels.

Portable or temporary signs.

On-premises video games, or equivalent, are specifically prohibited.

Sexually oriented businesses are prohibited within the Neighborhood Commercial District.

Wireless communications facilities.

Hours of operation. The retail sale of groceries and sundries shall be conducted on a regular and continuing basis for a minimum of 80 hours per week between the hours of 6:00 a.m. and 10:00 p.m. only. No operation shall be permitted between the hours of 10:00 p.m. and 6:00 a.m.

Building. Only one building shall be located within an NC District, and such building shall be used exclusively for the permitted uses.[2]

Minimum lot area: see Subsection C, Size of NC Districts, above.

Minimum frontage. The NC District (lot) shall have a minimum of 200 feet of frontage on an approved public street (at the front lot line and not at the setback line) which has been designated as an arterial or collector road only, as referenced in the Transportation Plan in the 1994 Derry Master Plan.

Minimum setbacks. All buildings and parking areas and all other areas which are intended or may be used for vehicular travel (except for the access/egress point) shall be set back a minimum of 50 feet from all lot lines.

Lot coverage. Not more than 25% of the lot area shall be occupied by the building, parking areas, driveway, or other improvements which reduce the green space.

Height. The maximum height of any point of the building or other structures within an NC District shall not exceed 25 feet above the lowest finished grade elevation at any point adjacent to the foundation of such building or structure.

Floor area:

The design and finish of the building and all other improvements within an NC District shall be in conformance with that of existing residential improvements within the surrounding neighborhood, as determined by the Planning Board.

Exterior finishes of cinder block, cement block, fiberglass or metal shall not be permitted. Flat roofs shall not be permitted.

The building constructed in the NC District shall be designed and constructed (including water supply and sewage disposal with capacity for at least three bedrooms) so as to facilitate future use as a single-family residence in the event that the owner chooses to convert the building to a residence (and thus abandon the NC District) or in the event that a notice of termination of NC District is issued.

Landscaped visual and acoustic buffer zones, at least 25 feet deep, shall be provided inside, and immediately adjacent to, all lot lines except for street boundary lines. Buffer zones may be required along street boundary lines at the discretion of the Planning Board.

Vehicular access to, and egress from, an NC District shall be by means of a single driveway with a width not exceeding 24 feet.

Regulatory floodway. Except in existing manufactured housing parks, the placement of manufactured homes is prohibited within the regulatory floodway as designated on the Flood Boundary Maps of the County of Rockingham, NH and the Flood Insurance Study bearing the effective date of May 17, 2005, or as amended.

Suitability of site. No manufactured housing park shall be located so as to be:

License required. No manufactured housing park, whether newly constructed or currently existing, shall be operated after the effective date of this chapter until it shall first have been licensed by the Code Enforcement Officer.

Inspection required. No original or renewal license shall be issued until a completed application has been submitted, as required herein, and until after the park has been inspected to determine that it meets all necessary health and safety requirements of this chapter.

Existing parks. Existing manufactured housing parks may not be expanded or altered except in conformance with the provisions of this chapter.

Fees. Licensing and renewal fees shall be established by the Town Council.

Unoccupied units. No unoccupied manufactured home shall be stored or exhibited for sale for commercial purposes within the manufactured housing park.

Hygiene and sanitation. Every manufactured home shall be provided with adequate hygiene and sanitation facilities. Water supply, water service, plumbing, sewage disposal and treatment, electric power service, bottled or piped gas service, heating equipment and fuels, refuse and garbage storage and disposal, and insect and rodent control shall be provided in full compliance with all pertinent state and local health regulations and requirements.

Standards for parks.

Space standards.

Manufactured housing construction and placement standards.

Open space and improvements maintenance assurance.

The manufacture of various products, including but not limited to:

Other large-scale uses, including but not limited to:

Agricultural and forestry uses.

Wireless communications facilities.

Any industry which produces smoke other than that which comes from normal heating and power-producing purposes, subject to the limitation of § 135-15 of this chapter.

The following activities are specifically prohibited:

Any business use, including any sexually oriented business.

Minimum lot area: one acre (43,560 square feet).

Minimum frontage requirement: 125 feet.

Minimum lot width: 125 feet at the thirty-foot front setback line.

Minimum yard depths:

Town water service shall be used, if available.

Town sewer service shall be used if said Town sewer is located within 100 feet of a property line of a parcel under consideration, as required by Chapter 122, Sewers.

All connections to the Town water and sewer systems shall be made in strict conformity with Chapter 122, Sewers, Chapter 156, Water, the Water Main Specifications, and the Sewer and Water Service Connection Specifications of the Town of Derry.

In the event that Town water and sewer services are not available, state-approved water and sewer systems shall be required.

Manufacturing industries.

Warehouse and wholesale uses.

Professional office uses in buildings of greater than 10,000 square feet.

Public utilities.

Machinery and transportation equipment, sales, service and repair.

Freight and trucking terminals, offices and brokers.

Contractor's yard.

Parking garages.

Animal hospital or veterinary clinics.

Bulk fuel storage and distribution.

Printing establishment.

Contract cleaning establishment.

Industrial supply establishment.

Hotel/motel.

Breweries and bottling facilities.

Enclosed recycling of nonhazardous materials.

Wireless communications facilities.

Minimum lot area: one acre (43,560 square feet) when served by Town sewer. If not served by the Town sewer, the minimum lot area shall be one acre in addition to meeting the lot size requirement specified in Table A, Minimum Lot Size by Soil Type, as contained in Chapter 170, Land Development Control Regulations.[1]

Minimum frontage requirements: 125 feet.

Minimum lot width: 125 feet at the thirty-foot front setback line.

Minimum yard depths:

Retail sales or lease of new automobiles and trucks of 2,500 gross square feet or greater.

Aeroponics.

Aquaponics.

Automobile repair facility/garage.

Brewery.

Brew pub.

Building material storage yard.

Commercial service establishment.

Contractor.

Cultural facilities.

Electric vehicle supply equipment.

Freight/Trucking terminal.

Fuel and storage tanks.

Hotel.

Hydroponic agriculture.

Indoor commercial recreational facility.

Indoor farming.

Industrial establishment.

Industrial establishment, light.

Industrial supply.

Laboratory; research, experimental, testing.

Light manufacturing.

Mail order storage yard.

Manufacturing.

Microbrewery.

Movie and recording studio.

Printing.

Professional office.

Research and development facility.

Research lab.

Restaurant.

Restaurant, drive-in.

Retail sales establishment.

Sports wagering.

Television broadcasting.

Transporation center.

Warehouse.

Wholesale business.

Wireless communication facilities.

Minimum lot area: one acre (43,560 square feet).

Minimum frontage requirements: 125 feet.

Minimum lot width: 125 feet at the thirty-foot front setback line.

Minimum yard depths:

Town water service shall be used, if available.

Town sewer service shall be used if said Town sewer is located within 100 feet of a property line of a parcel under consideration, as required by Chapter 122, Sewers.

All connections to the Town water and sewer systems shall be made in strict conformity with Chapter 122, Sewers, Chapter 156, Water, the Water Main Specifications, and the Sewer and Water Service Connection Specifications of the Town of Derry.

In the event that Town water and sewer services are not available, state-approved water and sewer systems shall be required.

The manufacture of various products as follows:

Other uses as follows:

Agricultural and forestry 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, odor, 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:

Minimum lot area: one acre (43,560 square feet).

Minimum frontage requirements: 125 feet.

Minimum lot width: 125 feet at the thirty-foot front setback line.

Minimum yard depths:

Town water service shall be used, if available.

Town sewer service shall be used if said Town sewer is located within 100 feet of a property line of a parcel under consideration, as required by Chapter 122, Sewers.

All connections to the Town water and sewer systems shall be made in strict conformity with Chapter 122, Sewers, Chapter 156, Water, the Water Main Specifications, and the Sewer and Water Service Connection Specifications of the Town of Derry.

In the event that Town water and sewer services are not available, state-approved water and sewer systems shall be required.

Manufacturing industries.

Warehouse and wholesale uses.

Professional office and appurtenant uses in buildings of greater than 10,000 square feet.

Public utilities.

Parking garages.

Animal hospitals, veterinary clinics.

Printing establishments.

Industrial supply establishments.

Hotels/Motels.

Breweries and bottling facilities.

Enclosed recycling of nonhazardous materials.

Minimum lot area: one acre (43,560 square feet) when served by Town sewer. If not served by the Town sewer, the minimum lot area shall be one acre in addition to meeting the lot size requirement specified in Table A, Minimum Lot Size by Soil Type, as contained in Chapter 170, Land Development Control Regulations.[1]

Minimum frontage requirement: 125 feet.

Minimum lot width: 125 feet at the thirty-foot front setback line.

Minimum yard depths:

Single-family detached dwelling.

Two-family dwellings.

Multifamily dwellings.

Accessory apartments (must also comply with the provisions of § 165-25).

Single-family detached and two-family dwellings.

Multifamily dwellings (more than two units per building).

The maximum length of a multifamily dwelling shall not exceed 200 feet.

The minimum distance between multifamily dwellings shall not be less than 35 feet.

All multifamily dwellings shall be connected to the municipal water and the municipal sewer systems.

At least 15% of the net buildable lot area shall be provided for recreation space. Green area on nonresidential site plans may not be applied toward the recreational space calculation.

Off-street parking shall be provided in accordance with Chapter 170, Land Development Control Regulations.

Multifamily dwellings shall be constructed in accordance with the provisions of the New Hampshire State Building Code as adopted by the State of New Hampshire and as adopted and amended by the Town of Derry under Chapter 30 of the Town of Derry Code.

Single-family detached dwelling.

Two-family dwellings.

Multifamily dwellings.

Accessory apartments (must also comply with the provisions of § 165-25).

Commercial performing and fine arts schools and studios.

Private schools.

Single-family detached and two-family dwellings.

Multifamily dwellings.

Private schools.

The maximum length of a multifamily dwelling shall not exceed 200 feet.

The minimum distance between multifamily dwellings shall not be less than 35 feet.

All multifamily dwellings shall be connected to the municipal water and the municipal sewer systems.

At least 15% of the net buildable lot area shall be provided for recreation space. Green area on nonresidential site plans may not be applied toward the recreational space calculation.

Off-street parking shall be provided in accordance with Chapter 170, Land Development Control Regulations.

Multifamily dwellings shall be constructed in accordance with the provisions of the New Hampshire State Building Code as adopted by the State of New Hampshire and as adopted and amended by the Town of Derry under Chapter 30 of the Town of Derry Code.

A special exception may be granted by the Zoning Board of Adjustment to allow an owner-resident to conduct a home business in her/his dwelling. Such home business shall be limited to the following professions or trades:

A request for only such special exception uses as are specified in Subsection D(1) above may be granted, provided that the Zoning Board of Adjustment finds favorably with respect to each of the following conditions:

Special exceptions granted under this section are intended for use by the current residents and, as such, shall not be transferable to subsequent occupants.

Nothing in this Subsection D shall be construed to allow sexually oriented businesses within this district.

Single-family detached dwellings.

Accessory apartments (must also comply with the provisions of § 165-25).

Single-family detached dwellings:

A special exception may be granted by the Zoning Board of Adjustment to allow an owner-resident to conduct a home business in her/his dwelling. Such home business shall be limited to the following professions or trades:

A request for only such special exception uses as are specified in Subsection C(1) above may be granted, provided that the Zoning Board of Adjustment finds favorably with respect to each of the following conditions:

Special exceptions granted under this section are intended for use by the current residents and, as such, shall not be transferable to subsequent occupants (effective 10/7/99).

Nothing in this Subsection C shall be construed to allow sexually oriented businesses within this district.

Single-family detached dwellings, in the form of conventional subdivisions.

Manufactured housing subdivisions.

Accessory apartment.

Campgrounds.

Production or sale of farm produce by residents of the district. The production or sale of farm produce, as permitted above, shall be allowed, provided that such use is not injurious, noxious or offensive to the neighborhood.

Community-oriented recreational facilities, which facilities provide guidance and promote the health, social, education, physical, vocational and character development of boys and girls, with appropriate related social gatherings, child care, appropriate fund-raising events and adult programs, such as but not limited to community centers, Girls' Clubs, Boys' Clubs, YWCAs and YMCAs.

A special exception may be granted by the Zoning Board of Adjustment to allow an owner-resident to conduct a home business in her/his dwelling. Such home business shall be limited to the following professions or trades:

A request for only such special exception uses as are specified in Subsection B(1) above may be granted, provided that the Zoning Board of Adjustment finds favorably with respect to each of the following conditions:

Special exceptions granted under this section are intended for use by the current residents and, as such, shall not be transferable to subsequent occupants.

Nothing in this Subsection B shall be construed to allow sexually oriented businesses within this district.

Minimum lot area.

Minimum lot frontage: The minimum frontage required in this district shall be 125 feet.

Minimum lot width. The minimum lot width required in this district shall be 125 feet at the thirty-five-foot front setback line or 125 feet at the front lot line.

Minimum yard depths. The minimum front yard shall be 35 feet; the minimum side and rear yards shall be 15 feet.

Housing types permitted. Manufactured housing subdivisions may contain manufactured and pre-site-built housing, as defined in this chapter, as well as conventional site-built housing.

Limitation. Manufactured housing subdivisions shall be limited to single-family detached dwellings.

Provisions. The area and dimensional requirements for individual lots within a manufactured housing subdivision shall be the same as those which apply to conventional single-family subdivisions in this district. [See Subsection C(1), (2) and (3).]

Manufactured housing construction standards. All manufactured housing units placed within a manufactured housing subdivision after the effective date of this chapter shall be certified as being constructed in accordance with the provisions of the National Manufactured Housing Construction and Safety Standards Act of 1974.

Operation. All campgrounds shall be permitted to operate only from May 1 through October 31.

Access. Access to the campgrounds shall be from a state highway. Before any campground can be constructed, entrance and exit roadways shall be established with the following minimum characteristics:

Sites and facilities. Campsites and facilities shall be no closer than 1,000 feet to an existing residence.

Buffer zone. Before any campground can be constructed, a buffer zone of 500 feet from the lot lines for the entire perimeter of the parcel shall be maintained in its natural state. In the absence of natural screening, additional buffer zone requirements may be imposed by the Planning Board.[5]

Plan review. Review and approval by the Planning Board shall be required in accordance with Chapter 170, Land Development Control Regulations.

Camping spaces. Each camping space shall:

Service facilities. A service building, or buildings, for toilets and shower facilities shall be provided. No camping space shall be more than 500 feet from a service building.

State approval. Prior to the granting of an occupancy permit, written approval of the State Board of Health shall be furnished, certifying that all facilities for water supply, toilets, sewage disposal, and solid waste disposal comply with the State Board's requirements.

Accessory buildings.

Nothing in this Subsection E shall be construed to permit a sexually oriented business within a campground.

All uses allowed in § 165-46A(1) through B(3).

Wireless communications facilities are permitted in the Telecommunication Overlay Zone as defined by the overlay zone contained in § 165-28B(1)(b) and subject to the provisions of § 165-28 governing wireless communications facilities.

Minimum lot area. The minimum lot area required shall be two acres, or larger, as shall be determined by the soils-based lot size determination provisions of Chapter 170, Land Development Control Regulations.[1]

Minimum lot frontage: The minimum lot frontage required in this district shall be 150 feet.

Minimum lot width. The minimum lot width required in this district shall be 150 feet at the thirty-five-foot front setback line or 150 feet at the front lot line.

Minimum yard depths. The minimum front yard shall be 35 feet; the minimum side and rear yards shall be 15 feet.

All uses allowed in Article VI, § 165-46A(1) through B(3).

Golf course/country club.

Minimum lot area. The minimum lot area required shall be three acres, or larger, as shall be determined by the soil-based lot size determination provisions of Chapter 170, Land Development Control Regulations.[1]

Minimum lot frontage. The minimum lot frontage required in this district shall be 200 feet.

Minimum lot width. The minimum lot width required in this district shall be 200 feet at the thirty-five-foot front setback line.

Minimum yard depths. The minimum front yard shall be 35 feet; the minimum side and rear yards shall be 15 feet.

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.

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 subdistrict 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.

Multi-unit residential, dwelling unit as a mixed use in conjunction with permitted nonresidential use, subject to the following limitations:

Retail sales establishment.

Pharmacy.

Banks.

Transportation center.

Travel agent.

Commercial service establishment.

Contractor.

Indoor recreational facility.

Commercial performing and fine arts school and studios.

Professional office.

Office.

Restaurant.

Library.

Public/private educational facility.

Radio and television broadcasting studios exclusive of transmitter facilities (upper levels only).

Parking facilities.

Light manufacturing.

Any public uses or use by a semipublic agency whose activities are primarily non-profit in nature.[1]

Minimum lot area.

Minimum lot frontage: 50 feet.

Minimum lot width: 50 feet at the zero-foot front setback line.

Yard depths.

Building dimensions. Measured from street grade, no building shall be below two stories in height. Measured from street grade, no building shall be higher than 350 feet above sea level in elevation. 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.

General provisions.

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: