Hudson City Zoning Code
ARTICLE III
General Regulations
§ 334-7 Conformity required.
No building or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, moved or altered unless in conformity with the regulations specified in this chapter for the district in which it is located.
§ 334-8 Certificate of occupancy.
A certificate of occupancy will not be issued until all chapter requirements and site plan/development regulations have been met.
§ 334-9 Land use classifications.
[Amended 3-11-2025 by Amdt. No. 27]
§ 334-10 Mixed or dual use on a lot.
[Amended 3-13-2018 ATM by Amdt. No. 1]
A.
Multiple Principal Uses on a lot in the Industrial or Business Zones are permitted provided that the lot meets the area and frontage requirements for the principal use for the district in which it is located and each use is in conformity with all other requirements set forth in this chapter and the Hudson Land Use Regulations pertaining to that use.
[2-2-2019 ATM, Art. 06, adopted 3-12-2019]
(1)
The Business or Industrial lot has sufficient frontage to satisfy the minimum frontage requirement for the principal use requiring the most frontage.
(2)
The Business or Industrial lot is of sufficient size to satisfy the minimum lot size requirement for the principal use requiring the most lot area.
B.
For the purposes of this chapter, multiple commercial or industrial uses/activities developed as part of a single site are considered a single principal use.
C.
For the purposes of this article, the addition of accessory uses to a principal use does not result in a dual or mixed use of property.[1]
[1]
Editor's Note: Former Subsection D, regarding multiple or mixed uses on a single lot, 2-2-2019 ATM, Art. 06, adopted 3-12-2019, which immediately followed this subsection, was repealed 3-8-2022 by Amdt. No. 4.
§ 334-12 Fences and similar enclosures.
[Amended 3-14-1995 by Amdt. No. 3; 3-9-2010 by Amdt. No. 6]
All fences, walls and similar enclosures, except trees, shrubs and natural vegetation, are subject to the following restrictions:
A.
No permit shall be required for any fence not exceeding eight feet in height in any residential district.
B.
A permit shall be required for any fence, including sports/ tennis enclosures, exceeding eight feet in height in any residential district.
C.
Any fence exceeding eight feet in height must be installed adjacent to or behind the front corner of the home.
D.
Any fence exceeding eight feet in height must have metal or metal reinforced support posts.
E.
Any fence, sports/tennis enclosure, other than for agricultural uses, exceeding 10 feet in height is subject to Planning Board review.
F.
A fence is not subject to setback requirements.
G.
A fence shall be erected so that the side facing adjacent property owners and/or public rights-of-way presents a reasonable appearance.
H.
No fence, hedge, planting or enclosure wall shall obstruct or interfere with roadway and/or driveway sight distances as determined by the office of the Town Engineer.
I.
Outdoor in-ground swimming pools shall be enclosed by a permanent fence which, by itself or together with other permanent appurtenant structures, surrounds the entire perimeter of the intended pool apron area. Except for intended access gates, no openings in the fence shall exist which would allow a sphere greater than four inches in diameter to pass through.
(1)
For one-family and two-family residences, fences shall not be less than four feet in height, and access gates shall have latching and locking mechanisms installed on interior surfaces or yoke-type latches with padlock holes.
(2)
For all other residential and nonresidential uses, fences shall be not less than six feet in height, and access gates shall have mechanisms which automatically latch and lock during off-season and closed hours and when lifeguards are off duty.
§ 334-13 Junkyards prohibited; outdoor storage.
A.
The operation of a junkyard is not permitted in any district.
§ 334-14 Building height.
[Amended 3-8-2016 by Amdt. No. 4; 3-16-2017 by Art. No. 3; 2-2-2019 ATM, Art. 04, adopted 3-12-2019]
No occupiable structure may exceed 38 feet in height in any district, except as provided in Subsection A below. Height is measured from the average elevation of the finished grade within five feet of the structure to the highest point of the roof, excluding accessory, unoccupied protuberances such as antennas, flagpoles and the like. Nonoccupiable structures such as church spires, steeples, smokestacks, flagpoles, lightpoles and other similar structures may not exceed 100 feet in height in any district, except as provided for in Article VI, Special Exceptions. In all cases, a nonoccupiable structure shall not be capable of falling or collapsing beyond the bounds of the property on which it is situated. The maximum heights and special exception conditions for communications towers, masts and antennas are separately addressed within Article XVIII, Commercial Wireless Telecommunication, Radio Service and Receive-Only Facilities.
A.
In the following described zoning districts/parcels, the maximum allowed occupiable building height shall be 50 feet, and said maximum height shall be restricted to those areas of buildings used exclusively for manufacturing, warehouse, distribution and office space ancillary to said principal uses: Sagamore Industrial Park (IP), located in an Industrial (I) Zoning District, bordered by Sagamore Bridge Road to the south, the Merrimack River to the west, the existing General (G) District to the north and the existing Business (B) District, abutting Lowell Road. (Rte. 3A) to the east, and including all parcels located within this I Zoning District. The General (G) Zoning District abutting to the north of the above-described Sagamore IP, and known locally as the "Friar Property," having frontage off Friars Drive. The portion of the General-One (G-1) Zoning District located to the south of Sagamore Bridge Road and exclusive to the following parcels: Green Meadow Golf Club, 43 Steele Road (Map 239/Lot 001), 11 Steele Road (Map 234/Lot 005), 2 Friel Golf Road (Map 234/Lot 001), 267 Lowell Road (Map 234/Lot 035) and 273 Lowell Road (Map 234/Lot 034). The Industrial (I) Zoning District located along the south border of Central Street (NH Rte. 111), starting at the westernmost border of this I District (i.e., just west of Hudson Park Drive), running along said south border of Central Street to the west border of Sullivan Road and including all parcels located within this I Zone. The Industrial (I) Zoning District located along the north side of Derry Street (NH Rte. 102), at the intersection of West Street, and including all parcels located within this I Zone. The Industrial (I) Zoning District located at 65 River Road (Map 251-001).
[Amended 3-10-2020 ATM, Art. No. 4]
B.
Notwithstanding Subsection A above, buildings that are between 38 feet and 50 feet in height shall be setback a minimum 400 feet from residential zones. This setback shall increase by 10 feet for buildings with a footprint of 100,000 square feet and additionally at a rate of 10 feet for every 100,000 feet thereafter. This is applicable at a fractional rate (ex: 190,000 square footprint imputes an additional 19 feet of setback).
[Added 3-8-2022 by Amdt. No. 7]
§ 334-15 Parking.
[Amended 3-14-1995 by Amdt. No. 5; 3-14-1995 by Amdt. No. 6; 3-10-1998; 3-12-2002 by Amdt. No. 1; 3-13-2007 by Amdt. No. 2; 3-13-2018 ATM by Amdt. No. 2; 3-11-2025 by Amdt. No. 24; 3-11-2025 by Amdt. No. 25]
A.
All land uses shall provide for and maintain off-street parking spaces.
(1)
Required off-street parking facilities shall be provided on the same lot as the principal use they are designed to serve. All parking spaces shall be paved.
(2)
Multifamily and all nonresidential uses shall provide and maintain off-street parking in accordance with the site plan or subdivision regulations.
(3)
Parking spaces (except for driveways) in residential zones shall not be located within front, side or rear setback areas.
B.
Parking Prohibited. Parking or storage of vehicles or trailers in excess of the amounts specified in this section is prohibited.
(1)
Outdoor storage of more than one unregistered or uninspected motor vehicle per residential unit.
(2)
Outside parking or storage of vehicles or trailers used in commerce at residential sites with gross vehicle weight greater than 13,000 pounds.
(3)
Outdoor parking or storing of more than one recreational vehicle per residence. Parking or storage shall not take place within setback areas, other than on a driveway.
(4)
Sale of automobiles, trucks or recreational vehicles on a consignment basis is expressly prohibited at any residential or nonresidential site without site plan approval by the Planning Board as a sales location.
(5)
The parking or storage of any commercial trailer that requires a king pin to be hitched to a vehicle. This is prohibited in any residential or TR, R-1, or R-2 district. This regulation shall not be construed as prohibiting such trailers from loading or unloading in such districts in servicing uses therein.
§ 334-16 Building permits.
[Amended 3-14-1995 by Amdt. Nos. 7 and 8; 3-10-1998; 3-4-2000; 3-9-2004; 3-13-2012 by Amdt. Nos. 1 and 2]
Any person, firm or corporation shall obtain a building permit before commencing work on the erection, alteration or movement of any building or structure, except as exempted under Subsection A. For one- and two-family dwellings, the Town of Hudson has adopted by reference and follows the 2009 International Residential Code for One- and Two-Family Dwellings. The Town of Hudson also adopts by reference the Americans with Disabilities Act (ADA) as outlined in 28 CFR Part 36. For structures other than one- and two-family dwellings, the Town of Hudson shall enforce the current provisions of the State Building Code as promulgated pursuant to RSA 155-A:1, as may be amended from time to time. Whenever a provision of this ordinance differs from the authority of the 2009 International Residential Code for one- and two-family dwellings, the provision which imposes the greater restriction or higher standard shall be controlling.
A.
Exemptions. Building permits shall not be required for the following: accessory structures, such as mailboxes, doghouses, birdbaths, ornamental landscaping features, swing sets, children's playhouses, clotheslines, fences eight feet or less in height and other similar types of structures which by custom and reason, in the opinion of the Building Inspector, do not require building permits.
B.
Unoccupied public utility structures. Unoccupied structures up to 200 square feet erected by public utilities which are necessary for the furnishing of adequate service for the public health, safety or general welfare are permitted in all zones and are not subject to the building setback, lot size or frontage requirements of this chapter. Prior to the issuance of a building permit, such structures and their sites shall be approved by the Planning Board in order to ensure they present a reasonable appearance and do not create a hazard to the public or interfere with the surrounding area.
C.
Conditions of issuance.
(1)
No permit, however, shall be issued unless the structure will present a reasonable appearance and will be in keeping with the neighborhood and unless the building is to be finished on the exterior in a permanent manner and is to be suitably painted on the outside whenever the same is of wood or a material customarily painted. This is intended to eliminate the erection of structures obviously out of place for the neighborhood as judged by the property values and neighborhood character.
(2)
No permit shall be issued for the construction of a dwelling unless plans therefor provide for the following:
(a)
Single residential buildings shall have a minimum of 850 square feet of living area.
(b)
Duplex residential buildings shall have a minimum of 1,500 square feet of living area.
(c)
Three-unit and four-unit residential buildings shall have a minimum of 2,250 square feet and 3,000 square feet, respectively.
(d)
Multifamily residential buildings shall have a minimum per-unit size of 750 square feet.
(e)
No more than one single-family home or duplex shall be constructed on one lot without Planning Board site plan approval.
(3)
A certificate of occupancy shall be issued by the Building Inspector only after the Zoning Administrator shall have fully inspected the completed premises and found such premises, in all zoned districts, including subdivisions, to be in full compliance with the zoning and subdivision regulations pertaining to the premises to be occupied. No premises shall be occupied without a certificate of occupancy issued by the Building Inspector.
(4)
No permit shall be issued for nonresidential or multifamily units in excess of duplex-residential prior to Planning Board site plan approval. The Planning Board shall have jurisdiction, prior to the issuance of a building permit, over the site location, parking facilities and recreational facilities of all multifamily dwellings and nonresidential structures in all zones. If it is in the public interest, a public hearing shall be held, the cost of which will be borne by the individual or firm requesting the building permit.
D.
Validity. If no substantial construction takes place within one year of issuance, the building permit becomes null and void.
§ 334-16.1 Site plan approval.
[Added 3-4-2000]
No person, persons, partnership, proprietorship, company, trust or corporation shall commence a new use, change a use or commence any site development activity (other than one- or two-family residential activity) without first securing site plan approval from the Hudson Planning Board pursuant to this chapter. These regulations shall apply to the development or change or expansion of use of tracts for nonresidential uses or for "multifamily dwelling units," which are defined as any structures containing more than two dwelling units, whether or not such development includes a subdivision or resubdivision of the site. For the purpose of this chapter, change of use occurs when the use of any land or building is changed from one land use classification to another or from one category to another category within a land use classification as specified in this chapter. E.g., grocery store changes to a food service establishment. No building permits shall be issued until site plan approval has been obtained from the Town of Hudson Planning Board and is recorded with the Hillsborough County registry of Deeds.