Nashua City Zoning Code

Editor's Note: See Table of Zoning Map Amendments at the end of this chapter.

The Zoning Map shall be drawn at a scale of one inch to 1,000 feet, with ink of stable material, and shall be located in the office of the Administrative Officer. Photographic reductions of this large-scale map may serve as copies of the map.

§ 190-13 Boundaries of districts.

Generally. Where any uncertainty exists with respect to the boundary of any district as shown on the Zoning Map, the following rules shall apply:

Where a boundary is indicated as being a street, alley, railroad or watercourse, river, canal, or other body of water, it shall be construed to be the center line or middle thereof, or where such boundary approximates a City boundary, then to the limits of the City boundary.

Where a boundary is indicated as following approximately or parallel to a street, railroad or watercourse or other body of water, it shall be construed to be parallel thereto and at such distance therefrom as shown on the Zoning Map. If no dimension is given, such distance shall be determined by the use of the scale shown on the Zoning Map.

Where a dimensioned boundary coincides, within 10 feet or less, with a lot line, the boundary shall be construed to be the lot line.

Where a boundary is indicated as intersecting the center line of a street, railroad or watercourse or other body of water, and unless it is otherwise indicated, it shall be construed to intersect at right angles to such center line or in the case of a curved center line, to the tangent to the curve at the point of intersection.

The abbreviation "PL" means property line as shown on the City Assessor's map as in effect on the effective date of this article.

The abbreviation "CL" means "center line," and "CI" means "center of intersection."

Split-zoned properties. When a lot is transected by a zoning district boundary, the regulations of this Zoning Ordinance applicable to the larger part by area of such lot may, at the option of the owner, be deemed to govern the smaller part of the lot beyond. Uses permitted within the smaller part of the lot, and that are not permitted on the larger part of the lot, shall require a conditional use permit.

Special districts. The boundaries of a special district shall be established through an amendment to the Zoning Ordinance as set forth in §§ 190-12B and 190-132, Zoning amendments.

§ 190-14 Purpose statements.

The purpose and intent of the base zoning districts are as follows:

Table 14-1 Zoning District Purpose Statements
District	Purpose
Rural Residence (R-40)	The Rural Residential District has a minimum lot size requirement of 40,000 square feet (or approximately one acre). This district is reserved primarily for the southwest quadrant of the City and other areas with limited infrastructure capacity and environmental or topographical restrictions. The R-40 District is also the primary district where individual wells and septic systems are in use, although sewer and water extensions have been made to some parts of the district.
A Suburban Residence (R-30)	The R-30 District is similar to R-40, with a slightly smaller minimum lot size of 30,000 square feet. Most of the R-30 Districts provide a buffer between the R-40 District and suburban areas, such as the southwest quadrant and the northwest quadrant near the Hollis border west of the airport.
B Suburban Residence (R-18)	These districts are more evenly distributed throughout the City, although the majority of the R-18 and R-9 land is found in the southwest quadrant. This district provides suburban densities and intensities for primarily residential neighborhoods, with conservation subdivisions permitted as an option in order to encourage the preservation of natural resources.
C Suburban Residence (R-9)	These districts are more evenly distributed throughout the City, although the majority of the R-18 and R-9 land is found in the southwest quadrant. This district provides suburban densities and intensities for primarily residential neighborhoods, with conservation subdivisions permitted as an option in order to encourage the preservation of natural resources.
A Urban Residence (R-A)	This district is appropriate for the older residential sections of Nashua surrounding the urban core. R-A is predominantly single family, although duplexes are allowed subject to special standards.
B Urban Residence (R-B)	This district is appropriate for the older residential sections of Nashua surrounding the urban core. The R-B District permits duplexes by right and multifamily dwellings with three or more units subject to special standards.
C Urban Residence (R-C)	This district is appropriate for the more well-established residential sections of Nashua that include areas immediately surrounding the urban core and neighborhoods throughout the urban area. The R-C District permits all residential types by right, provided all dimensional requirements are met.
Local Business (LB)	Local Business (LB) Districts are commercial areas primarily located adjacent to or within established residential neighborhoods. They are intended as convenience commercial districts that support adjacent neighborhoods. The LB District is pedestrian-oriented as opposed to automobile-oriented.
Highway Business (HB)	Highway Business (HB) Districts are commercial areas located primarily adjacent to heavily traveled arterial roads, such as Amherst Street and the Daniel Webster Highway.
General Business (GB)	General Business (GB) Districts are similar to the HB Districts in purpose, function, and appearance, but require a smaller minimum lot size. The GB Districts are generally found in close proximity to the HB Districts, but tend to be developed as shopping centers with large parking areas (including the malls), rather than for "strip" commercial development, which characterizes development in the HB Districts.
Downtown (D-1 and D-3)	The D Districts consist of the downtown and the surrounding business area. These are mixed-used districts, which permit some apartment and multifamily uses as well as commercial and institutional uses. The D Districts are pedestrian-oriented as opposed to automobile-oriented. These districts include many of Nashua's historic structures.
Park Industrial (PI)	The Park Industrial (PI) Districts are industrial areas that, for the most part, abut the major turnpike interchanges, and are adjacent to residential zones. The PI District provides locations for light industry and industrial parks. This district implements the Master Plan recommendation to provide adequate zoning for industrial park-type development.
General Industrial (GI) [Amended 2-26-2008 by Ord. No. O-08-07]	The General Industrial (GI) Districts are the older, traditional industrial areas of the inner City. They are often in close proximity to the Nashua or Merrimack Rivers and are generally accessible by railroad and/or local roads. Most of Nashua's heavy industries are located in the GI Districts. This district implements the Master Plan recommendation to provide a reasonable amount of space for heavy industrial uses, provided they are environmentally sound and do not detract from neighboring land uses.
Airport Industrial (AI)	This district includes the Boire Field Airport and the surrounding industrially zoned land. It supports the airport's operations by providing an area for airport-related and airport-compatible uses.

§ 190-15 Permitted uses.

Purpose: Pursuant to RSA 674:16, this section regulates the location and use of buildings, structures and land used for business, industrial, residential, or other purposes. This section implements the following Master Plan recommendations:
•	Update the commercial land-use definitions in the Nashua Revised Zoning Ordinances.
•	Write clear definitions of all potential industrial types/uses and apply them to all of the Industrial Zones.

Applicability. Except as provided in this article, no building, structure or land shall be used except for the purposes permitted in the district as described in this article.

Mixed uses. In cases of mixed occupancy, the regulation for each use shall apply, as provided in this Part 2, to that portion of the building or land.

Use Matrix.

The uses permitted in each zoning district are set forth in Table 15-1 below. Any use not listed is prohibited, unless the Administrative Officer determines that it falls within the same class as a listed use as set forth in Subsection D below.

Uses permitted by right are uses designated by a "P" in Table 15-1.

Conditional uses are designated by a "C" in Table 15-1 and require a permit from the Planning Board as set forth in § 190-133 of the Land Use Code.

Uses that require a special exception are designated by an "S" in Table 15-1 and require review by the Zoning Board of Adjustment as set forth in § 190-134 of the Land Use Code.

Accessory uses are defined by Article XLII, Definitions, and are designated by an "A" in Table 15-1.

Uses permitted by right or by conditional use shall be subject, in addition to use regulations, to all other provisions of this article.

Interpretation of Table 15-1.

Uses not listed as a permitted or conditional use are presumed to be prohibited from the applicable zoning district. In the event that a particular use is not listed in the Use Matrix, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the Administrative Officer shall determine whether a materially similar use exists in this section. Should the Administrative Officer determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed, and the Administrative Officer's decision shall be recorded in writing. Should the Administrative Officer determine that a materially similar use does not exist, this chapter may be amended to establish a specific listing for the use in question.

The Administrative Officer may determine that a use is materially similar if:

The use is listed as within the same structure or function classification as the use specifically enumerated in the Use Matrix, as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association [Reference: http://www.planning.org/Ibcs/index.html]. The use shall be considered materially similar if it falls within the same LBCS classification and meets the requirements of Subsections D(2)(b) and (c) below.

If the use cannot be located within one of the LBCS classifications pursuant to Subsection D(2)(a) above, the Administrative Officer shall refer to the North American Industry Classification Manual (NAICS) [Executive Office of the President, Office of Management and Budget, 1997]. The use shall be considered materially similar if it falls within the same industry classification of the NAICS, and meets the requirements of Subsection D(2)(c) below. [Reference: http://www.census.gov/epcd/www/naics.html]

The proposed use shall not generate average daily trips exceeding other uses proposed in the zoning district by more than 10%, as determined by the Institute of Transportation Engineers, Trip Generation (6th ed., 1997) [the "ITE Manual"], which document is hereby incorporated by this reference. If the trip generation is not listed in the ITE Manual, the use shall be considered materially similar. The Administrative Officer may also refer to similar local traffic studies.

In order to assist in interpretation of the Use Matrix, the LBCS and NAICS numbers precede each use in the Use Matrix. In interpreting the Use Matrix, the following rules of construction shall apply:

If a use is listed for a specific classification, while a more general classification within the same industry classification is also listed for another use, the specific classification governs. The specific use is not permitted in all districts where the uses coded to the general classification are permitted simply because they share a similar LBCS or NAICS code number. The numbers increase as the classifications get more specific.

Some uses are listed separately, but fall within the same LBCS or NAICS classification. The uses within one such classification are not permitted in all of the zoning districts as the others simply because they fall within the same LBCS or NAICS classification.

Commercial uses designated with the superscript "1" (¹) are permitted only as part of a site plan in which at least 75% of the gross floor area is reserved for uses listed in the "industrial and manufacturing" category.

Self-storage facilities designated with the superscript "2" (²) must be at least 200 feet from the City right-of-way; and all storage bay doors to be screened from view from all adjacent street frontages and residentially used properties; and a minimum landscape buffer of 40 feet is required from all adjacent residentially used properties. The Planning Board may waive the 200-foot setback on nonarterial rights-of-way, door screening and forty-foot buffer as part of a conditional use application and site plan application, provided that it finds there are no negative impacts on the abutter, neighborhood or the City in addition to the required criteria for waivers (§ 190-148D).

[Added 1-22-2019 by Ord. No. O-18-033]

Facilities with a primary use designated with the superscript "3" (³) shall be a minimum of 1,000 feet from like-classified uses and 1,000 feet from schools or youth-serving organizations. The Planning Board may waive the 1,000-foot measurement, provided that the applicant demonstrates that there are no negative impacts on the direct abutters, neighborhood, or City and that the project meets the required criteria for waivers (§ 190-148D). The Planning Board may not waive the 1,000-foot measurement if the facility directly abuts a school or youth-serving organization. For the purposes of this section, schools and youth-serving organizations are defined as organizations with a physical location whose primary purpose is to serve persons under the age of 18. Examples could include schools, childcares, camps, or organizations whose primary purpose is youth support and development which offer on-site programming, including housing, for persons under the age of 18.

[Added 4-26-2022 by Ord. No. O-22-010]

§ 190-16 Dimensional regulations.

Purpose: Pursuant to RSA 674:16, this section regulates the location and use of buildings, structures and land used for business, industrial, residential, or other purposes. This section implements the following Master Plan recommendations:
•	Encourage infill development within, and work to revitalize existing commercial areas.
•	Guide commercial and industrial development to the existing built areas of the City and minimize development in outlying, undeveloped areas.
The dimensional regulations are found in Table 16-3 of this section.

Applicability.

This section establishes minimum and maximum standards for the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings pursuant to RSA 674:16. Developments subject to the supplemental use regulations (Article VI) may be governed by their respective sections in this chapter and, if so indicated in the specific supplemental use regulation, may be exempt from the dimensional and density regulations of this § 190-16 or Table 16-3.

No land or building shall hereafter be used or occupied and no building or part thereof shall hereafter be constructed, erected, altered or moved unless in conformity with all of the regulations herein specified for the zoning district in which it is or will be located. No building permit shall be issued unless the proposed building or structure conforms to the standards established in this section.

Comment: For utility structures, see Part 6.

Residential density (Dimensional Matrix, Column B).

Density restrictions apply only to conservation subdivisions and to dwelling units other than single-family detached dwellings. No building, structure or land shall hereafter be used or occupied in excess of the prescribed density regulations, nor accommodate a greater number of dwelling units than prescribed for in the zoning district in which it is or will be located.

In computing density for large tracts or multiunit housing projects, the density limits established by the zoning district apply. Densities may exceed the maximum on part of a tract, if the overall density on the total project site does not exceed the limits established by the zoning district.

Comment: For single-family detached dwellings not in conservation subdivisions, no maximum number of total permitted dwelling units is established because the total number of dwelling units is governed by minimum lot size. Conservation subdivisions are not subject to minimum lot size, but total permitted dwelling units shall not exceed the density established as set forth in Table 16-3.

No household other than a family shall have a number of members exceeding the figure provided in Table 16-1 below entitled "Occupancy Restrictions":

	Table 16-1 Occupancy Restrictions
	Dwelling Type	Maximum Number of Occupants in Unrelated Household Per 300 Square Feet of Habitable Floor Area
	Single-family dwelling	1
	Duplex or townhouse	1
	Apartment, including accessory apartments	1.5
	Bed-and-breakfast	3
	Rooming/boarding, including accessory rooming/boarding	2
	Dormitory	3
	Fraternity or sorority	2
	Nursing home	2
	Elderly housing	1.5

Minimum lot area (Dimensional Matrix, Column C).

Applicability. The lot or yard areas required for any new building or use may not include any part of a lot required by any other building or use to comply with any provision of this article, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this article if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made. Lots shall not be so separated or transferred in ownership so as not to comply with this article. No permit for development shall be issued for a lot that does not meet the minimum lot area requirements of Table 16-3 of this chapter except for nonconforming lots of record.

Nonconforming lots of record. See § 190-121.

Floor area ratio/intensity in nonresidential districts (Dimensional Matrix, Column O). Unless otherwise stated, all references to nonresidential intensity shall be deemed to refer to floor area ratio (FAR). FAR is computed as the ratio of gross floor area of all buildings and structures to the total lot area.

Setbacks (Dimensional Matrix, Columns G through K).

Applicability and rules of interpretation. Setbacks for buildings or structures are measured as the area between the furthest projection of a principal structure and the property line of the lot on which the structure is located, except as provided below. Where a yard abuts a street, the setback shall be measured from the abutting street right-of-way line.

Commentary: Typically, the side and rear setback is measured from the property line, while the front setback is measured from the right-of-way because the front yard adjoins the street.

Development in setbacks.

Setbacks shall be unobstructed from the ground to the sky except as specified in this section. The following features may encroach into a required building setback:

Any buttress, cornice or pier may extend beyond the setback not more than 12 inches.

Unenclosed steps not extending above the first floor level may extend up to three feet to a side property line or up to a front property line.

Retaining walls, regardless of necessary height, may extend up to 18 inches to a street line or service lane.

A protective hood or overhang over a doorway may extend not more than three feet into the required minimum yards.

Balconies or bay windows, not to exceed three feet into the required setback.

Chimneys, not to exceed two feet.

Heating and cooling units, not to exceed three feet.

Overhanging roof, eave, gutter, cornice, or other architectural features and awnings, not to exceed two feet.

Unenclosed decks, terraces, stoops or porches, provided that:

Such structures shall not exceed four feet in height; and

Such structures shall not be located closer than five feet to any property line.

Fences or shrubs.

Steps or stoops over four feet in height, windowsills, chimneys, roof eaves, structural overhangs or projections enclosing habitable living space, or similar architectural features which may project not more than two feet.

Projecting overhangs on the ground floor not listed above may extend:

Up to 30 inches beyond the front setback; and

Beyond the side setback up to 20% of the side yard.

Fire escapes, fire towers, storm enclosures, or handicap ramps where required by the Building Code.[1]

Editor's Note: See Ch. 105, Building Construction.

[14]

Any accessory building or use customarily incidental to the permitted principal use or building as allowed in accordance with § 190-31, Accessory uses and structures.

Whenever more than one principal building is to be located on a lot, the required yards shall be maintained around the group of buildings. Buildings shall be separated by any distance prescribed by the Fire Code. (See Chapter 156 of the City Code).

Special exceptions for minor encroachments.

Purpose: This subsection provides a streamlined review process for applicants proposing minor encroachments into required setback areas. The purpose is to reconcile the legitimate objectives of homeowners requesting minor expansions of existing dwellings, with the objectives of surrounding neighborhoods to protect their character, appearance, and safety. Accordingly, this subsection provides an inexpensive, streamlined review process, while allowing concerned neighbors to comment where the expansion will have a measurable impact.

For purposes of this subsection, the extension of a building, structure, or paved surface not exempted by Subsection E(2) above, into a setback by a distance not exceeding the amounts prescribed in Table 16-2 shall be considered a "minor encroachment" and may be approved as a special exception (See § 190-134.) by the Zoning Board of Adjustment (ZBA) on a consent agenda. Nothing in this section shall be construed in such a manner as to eliminate the applicant's burden of proving that the encroachment meets the criteria for approval of a special exception. The application for a special exception considered on the ZBA's consent agenda shall include a monumented survey. If the applicant chooses not to submit a monumented survey, the case shall be considered as part of the ZBA's normal hearing process. The application, including a monumented survey, shall be considered part of the evidence in the proceeding unless it is excluded by the ZBA following an objection stated on the record. This subsection does not apply to an application for subdivision plan approval.

Table 16-2 Minor Encroachments
Zoning District	Front Yard Encroachment (feet)	Side Yard Encroachment (feet)	Rear Yard Encroachment (feet)
R-40	6	5	16
R-30	6	5	11
R-18	6	5	11
R-9	6	4	10
R-A	6	4	9
R-B	6	4	6
R-C	4	4	3

Front setbacks.

Adjustment for infill lots. The Administrative Officer may approve the reduction of a district's setback requirement for the development of infill lots, where it can be shown that the proposed setback is consistent with the average setback that exists in the neighborhood. The applicant shall provide to the Administrative Officer a map showing the adjoining lots within 200 feet of the subject lot, noting what the existing setbacks are on those properties.

Buildings facing away from street. Where a principal use building or structure is oriented to face away from the street on which it fronts, said building or structure shall conform to the required front yard setback for the district in which it is located. Any accessory use(s) prohibited from required front yards within such districts are prohibited within the required front yard setback from a principal use building or structure facing away from the street.

Front setbacks. Where a frontage is divided among districts with different front yard requirements, the deepest front yard applies to the entire frontage. However, the front setback may be adjusted as provided in Subsection F(1) above.

Development in front yard. No structure other than a driveway, sign, fence, gate, sidewalk, berm or other landscape feature shall be erected or permitted to be located in a required front yard area.

Side setbacks. Side setbacks shall be measured from the side property line. (See special rules for corner lots in Subsection J below.)

Rear setbacks. Rear setbacks shall be measured from the rear property line.

Height of buildings and/or structures.

Height shall be measured as provided in Chapter 5 of the International Building Code.

Height limitations.

The height limitations of this chapter shall not apply to any of the following structures not intended for human occupancy:

	Antennas
	Beacons
	Belfries
	Chimney flues
	Chimneys
	Clock towers
	Cupolas
	Domes
	Electrical, mechanical, or elevator
	Monuments
	Parapet walls as needed to screen equipment
	Radio aerials
	Smokestacks
	Spires
	Steeples
	Structures for essential services
	Television antennas (subject to § 190-38)
	Transmission towers (subject to § 190-38)
	Windmills

Height limits shall not apply to any bulkhead, elevator, water tank, or to any similar structure or necessary mechanical appurtenance extending above the roof of any building if such structure does not occupy more than 33% of the area of the roof.

In Park Industrial (PI), Transit-Oriented Development (TOD) and Highway Business (HB) Zones, the maximum height permitted is increased to 120 feet and the maximum number of stories permitted is increased to eight, where the building is at least 400 feet from the nearest R-B or R-C Zone, and at least 1,000 feet from the nearest R-A, R-9, R-18, R-30, or R-40 Zone.

Corner lots or through lots. Corner lots and through lots shall be considered to have a front yard bordering on each street line, and a side yard opposite each front yard. Where a lot fronts on two nonintersecting streets, or two intersecting streets forming an angle of 60° or less, front yards shall be provided on both streets.

Sight triangle.

For purposes of this subsection, "sight triangle area" means the portion of a corner lot lying within a triangle area formed by measuring from the vertex of that portion of the property line adjacent to the intersecting street, to a point on each property line running from the vertex equal to 20 feet in residential zoning districts and five feet in nonresidential zoning districts, and then connecting the two points thus established with a third line.

No planting, wall, fence, sign, or other obstruction to motorists' vision shall be planted, erected or maintained higher than the following distance above the adjoining street grade within a sight triangle area:

Curbed streets: one foot.

Uncurbed streets: 1 1/2 feet.

Cul-de-sac lots. In the case of lots which have the entire frontage on the bulb of a cul-de-sac, the minimum frontage may be reduced to 50 feet, provided that the required minimum frontage dimension for the applicable district is observed as the minimum lot width at the required front yard setback.

Open space percentage. "Open space" means the space on a lot unoccupied by buildings, unobstructed to the sky by man-made objects, not devoted to streets, driveways, off-street parking or loading spaces. The open space percentage (Column (N) of Table 16-3, below) refers to the minimum open space area expressed as a percentage of total lot area.

§ 190-17 Residential Districts (R-40, R-30, R-18, R-9, R-A, R-B, R-C).

Purpose: These districts implement the following Master Plan recommendations:
•	Protect the character of existing neighborhoods through zoning regulation and enforcement.

No application for development approval in the R-40, R-30, R-18, R-9, R-A, R-B, R-C Zoning Districts or residential uses in other districts shall be approved unless the proposed use and/or development conforms to the requirements of this article and a building permit is issued in accordance with Part 3. If subdivision and site plan approval are required the proposed development shall comply with the requirements of Parts 4 through 8.

[Amended 3-9-2021 by Ord. No. O-21-048]

Only one principal structure shall be permitted on a lot, except where otherwise provided by this chapter.

All proposed uses shall comply with the sign regulations (Article X) regardless of whether a site plan is required.

[Amended 3-9-2021 by Ord. No. O-21-048]

Specific residential district criteria. The following standards apply to all residential districts: All two-family dwellings (duplexes) shall be structures consisting either of two separate dwelling units on separate floors or of two separate dwelling units connected and separated by a common wall connecting living spaces, perpendicular to the longest dimension of the structure, and having a common length equal to at least: (i) 90% of the widest part of each structure measured perpendicular to the longest dimension, if the longest dimensions are parallel; or (ii) 90% of the widest part of one unit measured perpendicular to the longest dimension, and 50% of the longest dimension of the other unit, if the longest dimensions are perpendicular to each other.

[Added 2-27-2007 by Ord. No. O-06-51]

Driveways for residential uses shall be subject to the following provisions:

[Added 3-9-2021 by Ord. No. O-21-048]

Driveways where they meet the public right-of-way and continuing to the rear line of the front yard setback shall be no more than 24 feet in width. Such width may be divided between two approaches to the right-of-way but no more than two. “Width” shall be measured along a line generally perpendicular to the line of intended vehicular travel.

Driveways shall be located a minimum of 50 feet from an intersection.

Driveways crossing a sidewalk shall maintain and continue the sidewalk width and cross slope (2% maximum). Sidewalk approaches shall be reconstructed in kind as necessary to make smooth transitions to the driveway crossing. Sidewalk width and grades at driveway crossings shall comply with ADA standards.

Driveway approach angle. The angle of the driveway approach shall be approximately 90° for two-way driveways and between 60° and 90° for one-way driveways.

Driveways shall be paved within the right of way and constructed per Division of Public Works standards, including permitting and inspection requirements.

§ 190-18 Commercial Districts (LB, GB, HB).

Specific LB District criteria.

The following criteria shall be used (in addition to the general rezoning guidelines in § 190-132) in consideration of the placement of this district and the type and arrangement of uses within it.

Refuse enclosures within an LB District shall be located at the rear of the site and screened with a wall and gate.

Specific GB and HB District criteria. The following standards apply to the GB and HB Zoning Districts:

The following criteria shall be used (in addition to the general rezoning guidelines in § 190-132) in consideration of the placement of this district and the type and arrangement of uses within it:

The district and its uses shall continue the orderly development and concentration of business and commercial uses; and

Pedestrian and vehicular conflicts shall be minimized by an existing system of sidewalks and other pedestrian amenities which provide connectivity to surrounding neighborhoods, while providing adequate separation and channeling of pedestrian and vehicular movements; and

GB and HB Districts shall be located along arterials and arterial/arterial or arterial/collector intersections.

Outdoor display, storage and sales of merchandise is authorized subject to §§ 190-52 and 190-53.

§ 190-19 Industrial Districts (PI, AI, GI).

Purpose: This section implements the following Master Plan recommendations:
•	Provide a reasonable amount of space for heavy industrial uses, provided they are environmentally sound and do not detract from neighboring land uses.
•	Provide adequate zoning for industrial park-type development.
•	Discourage or prohibit noxious industries that create the potential for serious health or safety hazards.
•	Encourage attractive, landscaped, and sensitively sited industrial development that is compatible with surrounding land uses.

Specific PI and AI District criteria. The following standards apply to the PI and AI Zoning Districts:

Location criteria. The following criteria shall be used (in addition to the general rezoning guidelines in § 190-132) in consideration of the placement of this district and the type and arrangement of uses within it:

The district and its uses shall continue the orderly development and concentration of industrial and manufacturing uses; and

The land area shall be sufficient to maintain compatibility with surrounding uses; and

All lots within a PI District shall have direct access to arterial and/or collector streets.

Commercial uses. See § 190-15D(4).

Comment: In § 190-15, commercial uses designated with the superscript "1" are permitted only as part of a site plan in which at least 75% of the gross floor area is reserved for uses listed in the industrial and manufacturing category.

Additional site and building design criteria.

In addition to the dimensional standards of § 190-16, no buildings or other structures, including parking lots, shall be erected closer than 30 feet to any property line abutting any area developed or zoned as a residential zoning district.

All loading shall be from the rear or side of the building, but not facing a public street.

Sidewalks consistent with the street improvement standards shall link all principal buildings, or shall link the principal building or buildings to off-site destinations, including retail, shopping, or services (including day care, dry cleaners or grocery stores).

All noises, vibrations, emissions of smoke, dust, or gases shall be controlled so as not to be detrimental or cause a nuisance to nearby residential or commercial areas in conformance with the industrial performance standards of this chapter.

Applicants are encouraged to provide the following site plan elements in order to create an office complex ambiance and appearance to the industrial development:

Loading courts which are not visible from any public street. Screening of these areas shall be provided by the principal building; and

Entry courts and pedestrian plazas; and

Unique landscape features such as berming, fountains, and sculpture gardens, particularly adjacent to the arterial street; and

Covered or decked parking structures which appear as an integrated part of the industrial building; and

Parking areas located to the rear of the principal buildings or structures.

Specific GI District criteria. The following standards apply to the GI Zoning District:

Location criteria. The following criteria shall be used (in addition to the general rezoning criteria established in § 190-132) in consideration of the placement of this district and the type and arrangement of uses within it:

The district and its uses shall continue the orderly development and concentration of industrial and manufacturing uses; and

The land area shall be sufficient to maintain compatibility with surrounding uses; and

GI Districts shall have direct access to arterials and/or major collector streets. GI Districts shall not have direct access to a local street. Secondary or emergency access may be from a local street.

Additional site and building design criteria.

All driveways, parking areas, and pedestrianways shall be surfaced with an all-weather surface. Curbing shall be provided where required by the street design and transportation standards (Article XXX).

All delivery and freight-handling areas shall be screened from view so as not to be visible from the boundary of any property not zoned GI or from the public right-of-way.

§ 190-20 Downtown Districts (D-1 and D-3).

Purpose: The Downtown Districts are established:
•	To promote the goals, objectives and strategies adopted as part of the City's Master Plan and the Downtown Master Plan.
•	To protect the value and efficiency of operation of surrounding properties.
•	To maintain unique aesthetic, architectural and visual amenities of individual buildings or cluster of buildings.
•	To enable infill development to occur in a manner that is compatible with the surrounding site environment and neighborhood.
•	To ensure that private development and rehabilitation are compatible and coordinated with public investment and improvements.
•	To support new construction and adaptive reuse of buildings through appropriate engineering, architectural and design solutions.
•	To guide the orderly and timely transition from one land use to another within areas subject to building obsolescence, changes in technology, environmental conditions and adjoining development patterns and influences.
•	To ensure that redevelopment occurring in close proximity to the Nashua and/or Merrimack Rivers will conserve and incorporate natural features and enable both visual and physical riverfront access.
•	To promote development opportunities that will eliminate blight and disinvestment.
•	To introduce uses that will have positive long-term social and economic impacts.
•	To establish a complimentary and integrated working, shopping and living environment.
This section implements the following Master Plan recommendations:
•	Develop unified facade and signage standards for commercial buildings in the downtown.
•	Guide commercial and industrial development to the existing built areas of the City and minimize development in outlying, undeveloped areas.
•	Encourage and support businesses that reduce employee and product-related vehicle trips.
In accordance with the Downtown Master Plan, this section establishes two downtown districts. D-1 is the traditional downtown core. It permits more intensive development coupled with pedestrian-friendly design standards. D-3 is a predominantly commercial area, with a more human scale and pedestrian-friendly design standards.
The illustrations throughout this section serve as a guide and are not regulatory.

Generally.

Applicability. This Subsection A applies to any lot or parcel within a D-1 or D-3 District. Any site plan or building permit application submitted for a lot in or partly in a D-1 or D-3 District that involves the addition or enlargement of structures or any amendment to an approved site plan is subject to this section. This subsection applies whether the use is listed in the Use Matrix, or is allowed by variance, special exception, conditional use permit or other similar permission, or is a prior nonconforming use.

Standards applicable to D-1 and D-3 Districts.

Permitted uses for each district are established in the Use Matrix (§ 190-15).

Setbacks and other dimensional regulations are governed by the Dimensional Matrix (§ 190-16).

Hard-surfaced exterior wall materials are required. This can include brick, wood, brownstone, limestone, concrete masonry units (CMUs), parged block, painted brick, stone, terra cotta, stucco, EIFS, or plaster. Vinyl, plastic, metal, structural or unfinished concrete, painted concrete blocks, and tinted or reflective glass are not permitted as the primary exterior facade surface. However, vinyl, wood, plastic or glass block may be used as accent elements surrounding a doorway or window.

Procedures and alternative standards. In order to provide flexibility while maintaining the character of built environment in the downtown area, this section provides several alternatives for development approval, as follows:

The applicant may conform to the standards established in this section for each district. (See Subsection B for D-1 or Subsection C for D-3.) If the application does not request a conditional use (see § 190-15), the applicant may proceed directly to building permit or certificate of occupancy approval without filing a site plan; or

As an alternative, the applicant may request an alternative standard. If the applicant chooses this alternative, the applicant must file a site plan with the Planning Board. The format for the site plan is prescribed in § 190-280. The procedures and standards for this alternative shall be as established in § 190-23D through F for the Mixed Use Overlay District. As part of the site plan approval, the Planning Board may modify any of the dimensional standards or design standards; or

An applicant may continue to elect to seek variances from the Zoning Board of Adjustment.

Downtown 1 (D-1).

Purpose: The D-1 Downtown District is established:
•	To promote the goals, objectives and strategies adopted as part of the City's Downtown Master Plan along Main Street between Nashua River and Hollis Street.
•	To preserve and build upon "Walking Main Street" and its walkable, vibrant, and safe character.
•	To foster the mix of retail, offices, and restaurants, working towards the goal of the "twenty-four-hour city."

Building height. A minimum height of two stories shall be required for all new structures (not including additions) even if the building contains only one functional story. The maximum height permitted in the district is six stories or 90 feet, excluding those features excluded from height limits by § 190-16.

Building design.

Buildings shall be oriented to the street. A building is "oriented to the street" where all of the following apply:

A principal entrance to a building faces a street, or is open to a square or plaza. All street-level uses with sidewalk frontage shall be furnished with an individual entrance and direct access to the sidewalk in addition to any other access that may be provided.

Off-street parking does not lie between the building's principal entrance and the street.

Pedestrian access from the public sidewalk, street right-of-way or driveway to the principal structure is provided through a hard surface.

The front facade of commercial buildings shall be aligned with the finished grade of the street except as otherwise provided herein.

The principal entry for a residential, civic use or a civic building may include a stoop, portico, colonnade, or a portal.

Building fenestration; storefronts and other uses.

This subsection applies to storefronts and any use except to the conversion of a residential building to a commercial use.

Facades facing or visible from a public street shall include at least four of the following elements:

A pediment.

A cornice adjoining the top of the roof or top of the facade.

Windows in each story above the ground level. Individual window openings shall not exceed four feet horizontally and eight feet vertically. Circular, semicircular and octagonal windows are permitted.

Architectural treatment to articulate the middle of any two-story building, or the first and second floors of a building exceeding two stories, including molding, a canopy, a transom, or similar elements.

A recessed entryway consistent with the requirements of Subsection B(3)(e) below.

Between 60% to 90% of the length, and at least 50% of the surface, of the first floor street frontage shall be in transparent public entrances or windows (including retail display windows). Between 10% to 50% of the surface of the front facade for each floor above the first floor street frontage shall be in transparent windows. At least one public entrance, such as a doorway, shall be accessible from the sidewalk. No windows or openings of storefronts shall utilize a mirrored reflective film. Films allowing light to pass through but blocking ultraviolet light are permitted. The intent is that interior displays will be visible from the right-of-way.

Building frontages that face public streets and exceed a width of 20 feet must include vertical piers or other vertical visual elements to break the plane of the building frontage. Such vertical piers or vertical elements must be spaced at intervals of 15 feet to 35 feet along the entire building frontage. Vertical visual elements may include entryways, windows, columns, colonnades, or other form of modular fenestration.

Doors may be recessed into the face of the building to provide a sense of entry and to add variety to the streetscape. The ground surface of an entryway shall not be less than 15 square feet. Door openings shall not exceed six feet horizontally and 10 feet vertically. Overhead doors for loading docks, delivery and distribution shall be permitted only on the rear of the building.

Roofs shall not mask or obscure the architectural features of the front facade such as pediments or cornices.

Canopies, arcades and awnings. Canopies, arcades, awnings, and similar appurtenances may be constructed over the entrance to any building, and/or over windows subject to the following criteria. Canopies, awnings and similar appurtenances are encouraged at the entrances to buildings and in open space areas. Such features may be constructed of rigid or flexible material designed to complement the streetscape of the area. Such features shall not obscure the upper stories or a sign panel located above the first floor. Any such facility may extend from the building to within two feet of the back of the curb. Vertical supports for such features are not allowed in the public right-of-way. No canopy shall extend into the public right-of-way unless any encroachment permit or agreement required by the City and state has been approved and issued.

Access standards. Driveways with ingress and egress onto alleys are preferred. No new driveways are permitted on a collector or arterial street, except as provided for parking entrances.

Landscaping requirements. See Article XXVII.

Lighting. Lighting is not subject to Article IX, Lighting. Lighting shall be installed above front entrances to buildings located in the D-1 District. All lighting shall be directed on site or onto adjacent walkways and shall be shielded from direct off-site viewing.

Off-street parking requirements.

Parking ratios. No minimum number of off-street parking spaces is required.

Location. No off-street parking (whether it is a principal or an accessory use) is permitted between a principal structure and the street. Surface parking areas shall not adjoin a street, but may adjoin an alley. Surface parking shall be located to the rear of buildings.

Entrances. One opening or entrance to a parking area is permitted per block face adjoining a public street. There is no limit on the number of opening or access points for that portion of lots or parcels adjoining an alley. The opening or entrance shall not exceed 36 feet in width. No opening that requires an access from the public right-of-way that reduces on-street parking is permitted except for parking areas that are reserved for use by the general public.

Loading docks. Loading/unloading docks or designated loading areas shall be located only in the rear or side yard.

Surface. Parking areas shall have a paved surface or a hard surface. Ground surface areas not covered with a paved surface or a hard surface shall be restricted from parking by signage and curbing, fencing, or other physical barriers.

Utilities and trash receptacles. See § 190-182, Screening of service or storage areas. In addition:

All new transformer vaults, utility structures, air vents, backflow preventers, or any other similar devices, except these facilities when located below grade, must be located behind the front setback or the front facade, whichever is furthest from the front property line.

All roof-mounted equipment, including satellite dishes and other communication equipment, shall be screened so as not to be visible from any public right-of-way by a parapet or similar structure that is similar to the architectural style of exterior elevation of the principal building.

Downtown District (D-3).

Purpose: The D-3 Downtown District is established:
•	To promote the goals, objectives and strategies adopted as part of the City's Downtown Master Plan along Main Street between Otterson Street and Salmon Brook.
•	To concentrate Downtown's retail growth potential in a second retail node along Main Street South.
•	To create mixed-use buildings with mandatory, traditional storefronts oriented toward Main Street with retail uses at the ground floor.
•	To support existing and proposed infrastructure investments such as broad sidewalks, street trees, and on-street parking with awnings, and active storefronts to create a vibrant pedestrian-oriented retail node.

Source: Urban Design Associates

Permitted uses. Dwelling units are permitted above the first floor of any building with commercial and/or retail uses on the first floor.

General standards and building form. Buildings, lots and parcels shall conform to the standards established subsection § 190-20B(2) through (9) above.

Circulation.

Sidewalks shall be provided by the individual developers and property owners. All sidewalks shall connect to the existing/proposed sidewalks, parking areas, buildings, and public spaces. Public sidewalks shall be a minimum of six feet wide. The applicant may grant an easement to the City for the sidewalk and a planting area between the sidewalk and the paved section of the street.

Pedestrian walkways shall be provided mid-blocks and between properties, connecting the sidewalks in front of the building with the parking behind the building. Walkways can be either interior to a building or exterior. Lighting shall be provided for pedestrian safety. Amenities such as seating and planters should be provided in or at the entrance to alleys to encourage pedestrian circulation. The walkways shall be a minimum of four feet wide. The maximum side setback is waived to the extent needed to accommodate a pedestrian walkway.

§ 190-21 Airport Approach Zone.

Purpose and findings: The increasing aircraft activity that is occurring at the Boire Field Municipal Airport has created the need for special zoning restrictions for uses subject to the most recently adopted Part 150 Noise Compatibility Plan prepared by the Boire Field Airport Authority. To avoid land use conflicts with uses which may be incompatible with noise levels generated at the Boire Field Airport, the regulations of the Noise Overlay District provide for the exclusion of certain land uses, and for soundproofing to be required in the construction of other uses which may be compatible if mitigating action is taken to reduce noise interference with the use.

Applicability.

In addition to the limitations and requirements set forth in the other articles of this Part 2 for various zoning districts within the City, any use, structure or object of natural growth situated within the limits of Airport Approach Zones and other restricted areas shall be further governed by the limitations of this section.

All other articles of this Part 2, including those relating to permits, nonconforming uses and variances, shall, where applicable, apply to the persons and subject matter governed by this Part 2.

Prior to filing an application for development approval within the Airport Approach Zone, the applicant shall submit a Federal Aviation Administration (FAA) Form 7460-1 to the FAA, and shall submit the comments of the FAA as part of the application for approval.

Establishment of airport approach plans. Any publicly owned airport or privately owned airport licensed for commercial operations, existing or which may be developed, shall have an airport approach plan prepared by the New Hampshire Aeronautics Commission in accordance with RSA 424 as last amended. The airport approach plan for the Boire Field, adopted by the New Hampshire Aeronautics Commission February 12, 1968, is hereby declared to be part of this section.

Boire Field airport approach plan.

This airport approach plan, prepared under the authority of RSA 424:3, is based upon the ultimate development of a general aviation type airport with a runway 14/32 6,000 feet and a primary surface 6,400 feet by 1,000 feet.

[Amended 10-23-2018 by Ord. No. O-18-027]

Federal Aviation Regulations, Part 77, effective May 1, 1965, establishes the standards used to determine the limit of height of obstructions in the vicinity of the airport.

The limit of height of obstructions shall be:

In the approach zone to Runway 32 (SE end), which is 1,000 feet wide at a point 200 feet from the end of the runway and 3,500 feet wide at a point 10,200 feet from the end of the runway, an inclined plane of 34:1 slope.

[Amended 10-23-2018 by Ord. No. O-18-027]

In the approach zone to Runway 14 (NW end), which is 1,000 feet wide at a point 200 feet from the end of the runway and 4,000 feet wide at a point 10,200 feet from the end of the runway, an inclined plane of 50:1 slope, widening thereafter to 16,000 feet at a point 50,200 feet from the end of the runway, an inclined plane of 40:1 slope.

[Amended 10-23-2018 by Ord. No. O-18-027]

On the sides of the primary and approach surfaces, an inclined plane of 7:1 slope from the edges of those surfaces. This subsection does not limit the height of a structure or tree to less than 30 feet above the ground upon which it is located.

Within 7,000 feet of the airport reference point 150 feet above the airport, 349 feet above sea level.

Between 7,000 feet and 12,000 feet from the airport reference point, a conical surface with a slope of 20:1 measured in a vertical plane passing through the center of the airport.

The airport reference point is located on the center line of the runway, 3,000 feet from the southeast end of the runway, and the airport elevation is 200.38 feet above mean sea level (USGS Datum).

[Amended 10-23-2018 by Ord. No. O-18-027[1]]

Editor’s Note: This ordinance also repealed former Subsection C(5), regarding noise compatibility zones, which immediately followed this subsection.

Height limits. No structure or tree shall be erected, altered or allowed to grow within an airport approach zone and adjacent area above a height of 30 feet above the ground on which it is located unless the inclined plane is more than 30 feet above the ground, in which case a structure or tree may be erected, altered or allowed to grow up to the level of the plane or the height limitation of § 190-16, whichever is less.

Permitted uses.

Notwithstanding any other provisions of this Part 2 no use may be made of land within the airport hazard area in such manner as to:

Create electrical or visual interference with any electronic facility or instrumentation, wherever located within the airport hazard area, including but not limited to, radio transmitters and receivers, radar installations, landing and navigational aids and weather instruments where such facilities are used in connection with the landing, taking off and maneuvering of aircraft;

Make it difficult for flyers to distinguish between airport lights and others;

Result in glare in the eyes of flyers using the airport;

Impair visibility in the vicinity of the airport;

Cause physical objects of any nature to penetrate, however briefly, the air space above the imaginary surfaces established in this article, such objects including but not limited to kites, balloons, projectiles, rockets, model aircraft, derricks and cranes, unless a special temporary permit be obtained from the authorities in charge of the affected airport;

Establish or alter privately owned flying fields, strips or heliports, unless found not to be objectionable after a special aeronautical study by federal aviation authorities;

Create bird strike hazards;

Otherwise endanger the landing, taking off, or maneuvering of aircraft.

Uses prohibited in the noise overlay zones shall be as specified in the Table of Land Use Compatibility Standards. Soundproofing shall be required for certain land uses in each of the noise overlay zones as shown in the Table of Land Use Compatibility Standards (Table 21-1 below). Where soundproofing is required, no building permits shall be issued until the applicant has demonstrated that the building design is capable of achieving the noise level reduction required in the Table of Land Use Compatibility Standards.

Table 21-1 Table of Land Use Compatibility Standards [Amended 10-23-2018 by Ord. No. O-18-027]
	Yearly Day/Night Average Sound Level (Ldn) in Decibels
Land Use	Below 65	65 to 70	70 to 75	75 to 80	80 to 85	Over 85
Residential
Residential (other than mobile homes and transient lodgings)	Y	N¹	N¹	N	N	N
Mobile home parks	Y	N	N	N	N	N
Transient lodgings	Y	N¹	N¹	N¹	N	N
Public Use
Schools	Y	N¹	N¹	N	N	N
Hospitals and nursing homes	Y	25	30	N	N	N
Churches, auditoriums, and concert halls	Y	25	30	N	N	N
Government services	Y	Y	25	30	N	N
Transportation	Y	Y	Y²	Y³	Y⁴	Y⁴
Parking	Y	Y	Y²	Y³	Y⁴	N
Commercial Use
Offices, businesses and professional	Y	Y	25	30	N	N
Wholesale and retail building materials, hardware, and farm equipment	Y	Y	Y²	Y³	Y⁴	N
Retail trade - general	Y	Y	25	30	N	N
Utilities	Y	Y	Y²	Y³	Y⁴	N
Communication	Y	Y	25	30	N	N
Manufactur- ing and Production
Manufacturing, general	Y	Y	Y²	Y³	Y⁴	N
Photographic and optical	Y	Y	25	30	N	N
Agriculture (except livestock) and forestry	Y	Y⁶	Y⁷	Y⁸	Y⁸	Y⁸
Livestock farming and breeding	Y	Y⁶	Y⁷	N	N	N
Mining and fishing, resource production and extraction	Y	Y	Y	Y	Y	Y
Recreational
Outdoor sports arenas and spectator sports	Y	Y⁵	Y⁵	N	N	N
Outdoor music shells, amphitheaters	Y	N	N	N	N	N
Nature exhibits and zoos	Y	Y	N	N	N	N
Amusements, parks, resorts, and camps	Y	Y	Y	N	N	N
Golf courses, riding stables, and water recreation	Y	Y	25	30	N	N

Key:

Y (Yes): Land use and related structures compatible without restrictions.

N (No): Land use and related structures are not compatible and should be prohibited.

NLR: Noise level reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of the structure.

25, 30 or 35: Land use and related structures generally compatible; measures to achieve NLR of 25, 30 or 35 dB must be incorporated into design and construction of structure.

Notes:
¹	Where the community determines that residential or school uses must be allowed, measures to achieve outdoor to indoor noise level reduction (NLR) of at least 25 dB and 30 dB should be incorporated into building codes and be considered in individual approvals. Normal residential construction can be expected to provide an NLR of 20 dB, thus, the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation and closed windows year round. However, the use of NLR criteria will not eliminate outdoor noise problems.
²	Measures to achieve NLR of 25 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise-sensitive areas or where the normal noise level is low.
³	Measures to achieve NLR of 30 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise-sensitive areas or where the normal noise level is low.
⁴	Measures to achieve NLR of 35 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise-sensitive areas or where the normal noise level is low.
⁵	Land use compatible, provided special sound reinforcement systems are installed.
⁶	Residential buildings require an NLR of 25.
⁷	Residential buildings require an NLR of 30.
⁸	Residential buildings not permitted.[2]

Editor's Note: Former Subsection F, Signs, and former Subsection G, Variances, both of which immediately followed this table, were repealed 10-23-2018 by Ord. No. O-18-027.

§ 190-22 Historic Districts.

Purpose and findings: This article contemplates that the future of the City will be enhanced by recognizing and strengthening the City's heritage. The preservation of structures and places of historic and architectural value is hereby declared to be a public purpose. This section:
(1)	Preserves districts in the City that reflect elements of its cultural, social, economic, political and architectural history;
(2)	Conserves property values in such districts;
(3)	Fosters civic beauty;
(4)	Strengthens the local economy; and
(5)	Promotes the use of Historic Districts for the education, pleasure and welfare of the citizens of the City.
The City hereby finds that the loss of historic or architecturally significant structures through demolition, alteration, moving or incompatible new construction contributes to the destruction of the unique character of the City.

Certificate of approval.

Written application for a certificate of approval shall be submitted to the Historic District Commission, through the Building Department Manager, stating the location and nature of the matter or item for which such certificate is sought. Taking into consideration the size and extent of the improvements or changes for which a permit is sought, the Commission may request of the applicant any site plans, building plans, elevation drawings, samples of materials, photographs, sketches or other information which may assist it in determining the appropriateness in question, and which are reasonable in consideration of the size of the project proposed.

Before passing on an application for a permit, and in reviewing the application, the Commission shall take into account the purpose of this section and consider the following:

The historical or architectural value of the building or structure and its setting; and

The general compatibility of exterior design, arrangement, texture and materials proposed to be used in relationship to the existing building or structure and its setting or if new construction, to the surrounding area; and

The general size and scale of new construction in relationship to the existing surroundings, including such factors as the building's overall height, width, street frontage, number of stories, type of roofs, facade openings (windows and doors), and architectural details; and

Other factors, including yards, off-street parking space, location of entrance drives, sidewalks, extent and coverage of pavement, signs and landscaping, which might affect the character of any building or structure within the district, and any other factor which relates to the appropriate setting for such structure or grouping of structures; and

The special character of the area including whether or not it is primarily residential or commercial; and

The economic activity of the building and the needs of that activity, and as it relates to the welfare of the community.

The Building Department Manager is not required to forward the following applications to the Historic District Commission for their review, provided the proposed project complies with the stipulations specified:

Ordinary maintenance and repair of any exterior architectural feature which does not involve a change in design, materials or outer appearance thereof;

Painting or repainting of a building or structure;

Roofing or reroofing of existing structures, provided that the roof plane remains the same;

Siding or re-siding of structures, provided that exterior architectural features (exclusive of existing siding material, such as clapboards, shingles) are not removed, destroyed or covered and provided that the siding is similar in style and appearance to the original construction;

Storm doors and storm windows, provided that original architectural features are not removed or destroyed.

All other construction, repairs, renovations, alterations not mentioned and all applications for moving or demolition are considered as coming within the scope of review of this article.

The Building Department Manager shall consult with the Historic District Commission on a periodic basis to review permits that have been issued to determine that the purposes of this section are being carried out.

Members of the Historic District Commission shall discuss any proposed changes with citizens or anyone contemplating work in a district even though a review is not required by this article.

Procedure for Commission review.

When an application is made to the building official for a building permit or demolition permit which comes within the scope of review of the Historic District Commission, the building official shall submit the application to the secretary of the Commission within three working days after the application is filed.

The Commission shall file with the building official either a certificate of approval or a notice of disapproval following the review and determination of the application. Such certificate shall be filed with the building official within 30 calendar days after the submission of the application to the secretary of the Commission unless the applicant shall agree in writing to a longer period of time. Failure to file a notice of disapproval within the specified time period shall constitute approval by the Commission.

No building permit or demolition permit may be issued by the building official until the Commission has either filed with the building official a certificate of approval or has failed to file a notice of disapproval within the specified time period.

The Commission shall hold a public hearing on all applications. Notice of the application and the date and time of the public hearing shall be given to the applicant and every abutting property owner whose property adjoins or is directly across the street or stream from the land under consideration as determined from the records of the City Assessor. Such notice shall be given by certified mail not less than 14 days before the date of the public hearing. The abutter notification fee shall be any necessary postal fees plus $3 per abutter. Any application shall require on-site notice in accordance with § 190-126 of this chapter, with the title of the action to read: "HISTORIC DISTRICT APPLICATION."

[Added 8-10-2010 by Ord. No. O-10-25; amended 12-13-2023 by Ord. No. O-23-059]

Written finding required:

Certificate of approval. If, in the opinion of a majority of the Historic District Commission members present and voting, the applicant's proposal meets the purposes of this section, the Historic District Commission shall issue a certificate of approval, signed by the Chairman, together with any changes, conditions and stipulations necessary to secure the purposes of this article.

Notice of disapproval. If, in the opinion of a majority of the Historic District Commission members present and voting, the applicant's proposal does not meet the purposes of this article, the Historic District Commission shall issue a notice of disapproval in writing together with reasons for such decision, signed by the Chairman of the Commission. The issuance of such a notice shall prohibit the Building Department Manager from issuing a building, demolition or other permit. If the applicant's proposal is denied, the applicant may, and is encouraged to, modify the proposed plans and may resubmit the application at any time after so doing, provided that the reasons for denial as stated in the notice of disapproval are addressed in the resubmittal.

Appeal. Any person aggrieved by any decision of the building official or of the Commission under this section shall have a right to appeal to the Zoning Board of Adjustment as provided in § 190-136.

Location of Historic Districts. Historic Districts shall be created and indicated on the Zoning Map of the City in accordance with Article III of this chapter. No district shall be created prior to the Historic District Commission's holding of public informational meetings to explain the benefits and restrictions of such a district to the residents and owners of the area contemplated for designation. Owners of property in a potential district shall be notified by the City by first class mail of the time and location of any public hearing at which designation of their property in a Historic District is to be discussed. Substantial objection to the creation of a Historic District by the owners of property in the proposed district shall be deemed ample evidence for the Board of Aldermen to deny the proposed rezoning. Historic District regulations, as stated in this article, shall be in addition to any other zoning regulations of this Part 2 and shall in no way be construed to supersede those of other zoning, building, life safety or other ordinances of the City.

Advisory referral from the Board of Aldermen. The Board of Aldermen may request an advisory opinion of the Commission with respect to applications for any building permit or demolition permit which would come within the scope of review of the Historic District Commission. Recognizing that the Board of Aldermen may request such an opinion well in advance of formal design, the Board of Aldermen will submit to the Commission such design information as may exist at the time. The Commission shall report to the Board of Aldermen its findings and recommendations on those items in its discretion, as enumerated in Subsection A(2) above. The Commission may make suggestions regarding design details in its discretion but not yet complete. Such report will be returned to the Board of Aldermen within 30 days of receipt of the request.

[Added 10-24-2017 by Ord. No. O-17-039]

§ 190-23 Mixed Use Overlay District (MU).

Purpose: Mixed Use Districts are established from time to time to achieve the following objectives:
•	To promote the goals, objectives and strategies adopted as part of the City's Master Plan.
•	To assist conventional underlying zoning and land use regulations where the modification of use, dimensional, density and other requirements is appropriate through site plan review.
•	To protect the value and efficiency of operation of surrounding properties.
•	To maintain unique aesthetic, architectural and visual amenities of an individual building or cluster of buildings.
•	To enable infill development to occur in a manner that will be compatible with the surrounding site environment and neighborhood.
•	To ensure that private development and rehabilitation will be compatible and coordinated with public investment and improvements.
•	To support new construction and adaptive reuse of buildings through appropriate engineering, architectural and design solutions.
•	To guide the orderly and timely transition from one land use to another within areas subject to building obsolescence, changes in technology, environmental conditions and adjoining development patterns and influences.
•	To ensure that redevelopment occurring in close proximity to the Nashua and/or Merrimack Rivers will conserve and incorporate natural features and enable both visual and physical riverfront access.
•	To promote development opportunities that will eliminate blight and disinvestment.
•	To introduce uses that will have positive long-term social and economic impacts.
•	To establish a complimentary and integrated working, shopping and living environment.

Applicability.

Mixed Use Districts are overlay zones that conform to RSA 674:21.

In areas where Mixed Use Districts may overlap with the Historic District, the powers and duties of the Historic District Commission and District, including the scope of building permit review, shall remain in force.

Permitted uses.

All principal and accessory uses permitted under § 190-15, Table 15-1, by right or special exception within the underlying districts shall continue to be permitted according to the dimensional, density and other applicable requirements established by this Part 2, within Mixed Use Districts.

The powers and duties assigned to the Zoning Board of Adjustment by § 190-257 to hear and decide appeals, special exceptions and variances for uses permitted by the underlying district(s) shall not be preempted by this section except where a use proposed is only permitted by Subsection C, or the applicant elects to submit a site plan to the Nashua Planning Board in accordance with the provisions and requirements of this section.

Any site plan submitted for a lot in or partly in the D-1 or D-3 Zoning Districts which involves the addition or enlargement of structures or any amendment to an approved site plan shall be subject to the provisions of this section, whether the use is listed in § 190-15 or Subsection C of this section, or is allowed by variance, special exception, conditional use permit or other similar permission, or is a prior nonconforming use.

Alternative uses. In addition to principal and accessory uses permitted and regulated by the underlying districts, the following alternative principal and accessory uses are also permitted within Mixed Use Overlay Districts in conformance with the provisions of Subsections D and E of this section:

Principal uses:

Residential:

Multifamily dwellings.

Multifamily high-rise dwellings.

Dormitories.

Elderly housing development.

Community facilities:

Educational purpose which is religious, sectarian, denominational or public.

Nonprofit school, college, university, business or trade school.

Nonprofit boating, swimming and tennis clubs.

Historical association or society.

Agricultural.

Retail sale of agricultural or farm products.

Retail; service; commercial:

Retail establishment selling convenience goods, including but not limited to food, drugs and proprietary goods.

Retail establishment selling general merchandise.

Eating and drinking places.

Hotels.

Personal service establishments.

Membership club operated for profit.

Miscellaneous professional, medical and business offices.

Proprietary school, college, business or trade school.

Proprietary schools for education in the arts, dance, music and drama.

Private day care, nursery, or kindergarten.

Movie theaters or performance theaters.

Museums and art galleries.

Amusement and recreation services, indoor and outdoor.

Accessory uses:

Accessory repair and storage facilities in any retail sales or consumer establishment.

Accessory outdoor storage.

Accessory retail or consumer service uses primarily for the occupants or uses within a hotel or office building.

Accessory dormitory.

Modification of dimensional, density and other regulations.

The Planning Board, in determining the acceptability of proposed site plans within Mixed Use Districts, shall have the authority to modify the dimensional, density and other regulations of the underlying districts in accordance with Subsection F of this section.

The authority granted to the Planning Board by this section shall apply to all uses contained within or approved as a part of a development submitted in accordance with the provisions of this section. An applicant may continue to elect to obtain variances to dimensional, density and other regulations of the allowed land uses within the underlying zone district as identified in § 190-15, in accordance with applicable review procedures and as approved by the Zoning Board of Adjustment.

Site plan suitability report.

Within the Mixed Use Districts, all site plans submitted to the Planning Board for approval in accordance with this section shall be accompanied by a site plan suitability report, including appropriate studies, drawings, plans and illustrations, which shall address the following relevant factors:

Analysis of the ability of the proposed use and existing uses to coexist and the potential impacts that proposed and existing adjoining and surrounding uses and buildings may have upon one another.

Analysis of any impacts on significant natural, architectural, visual or aesthetic qualities of the surrounding environment.

Analysis of the health and safety impacts on customers, residents, employees and the general downtown and inner-city population.

Analysis of economic or property value impacts.

Analysis of traffic and parking impacts.

Analysis of the adequacy of existing municipal facilities and services.

The consistency of the site plan with the Mixed Use District objectives and guidelines established by this section, the Master Plan and sound planning and development principles.

Prior to the preparation and submission of a site plan and site plan suitability report, the applicant shall hold preliminary review sessions with the Planning Department and/or Planning Board to solicit their comments and recommendations.

Guidelines for site plan evaluation. The following Mixed Use District guidelines are an extension of the enabling purpose and objectives of this section. The guidelines are intended to provide the Planning Board with the criteria to evaluate site plans and site plan suitability reports required by Subsection E above, and to determine whether a site plan submitted under this section should be approved, approved with conditions, or denied. In approving any site plan under the provisions of this section, the Planning Board may require in a reasonable manner as a condition of approval any and all specific treatments of the criteria listed in this section as it deems necessary to meet the purpose of this section as set forth in the purpose statement above.

Dimensional and density requirements. The base dimensional and density requirements of the underlying zone shall apply to proposed uses allowed within projects submitted in accordance with this section. The Planning Board may vary the dimensional requirements of the underlying zone subject to a report by the Planning Director in consultation with the Code and Fire Departments. The specific per-unit lot area requirement for developments incorporating residential uses shall be removed. Residential uses may be included within the allotted floor area without limitation per se on the total number of units per acre. The purpose of this section is to provide additional design flexibility, and is subject to the Planning Board's finding that the development adequately addresses and satisfies the requirements of this section. The underlying zone shall be utilized for purposes of calculating allowed densities of development appropriate for the area.

Building and site design:

Proposed building massing, proportions, spacing, scale, setbacks, orientation, facade treatment, height and roof lines should be integrated and compatible with surrounding buildings.

Exterior building and paving materials and details shall be of a composition, scale and form compatible with the site and building environment.

Buildings should be designed in context with clusters of buildings that present a distinct or unified architectural pattern and scale.

Buildings shall be oriented to enhance, maintain and protect unique or significant internal and external view corridors and vistas.

Building rehabilitation:

The removal, covering or alteration of significant architectural features shall be avoided unless shown to be economically unfeasible and the architectural and aesthetic characteristics of the building and its compatibility with surroundings can be preserved in some other way.

Building design, materials and details shall be replicated where feasible.

Replacement elements and features, where replication or reapplication is not feasible, shall be in harmony with the scale, design, texture and composition of original building elements.

The Planning Board may require the state Historic Preservation Office or the Nashua Historic District Commission to review and report on plans for buildings within either National Register or local historic districts.

Circulation:

Vehicular and pedestrian facilities shall be designed to serve both existing and proposed buildings and provide for safe, unified and efficient access pattern that is coordinated with existing and planned roads and sidewalks. Vehicular and pedestrian access improvements shall be reviewed by the City Traffic Engineer.

Adequate access for safety, fire and emergency vehicles shall be available and approved by the Fire Department.

Provisions for public transit connections and stops should be provided where deemed necessary and appropriate by the public transit agency.

Parking:

Adequate off-street parking shall be available within 1,000 feet of a mixed use overlay district and a suitable parking location and management plan shall be established that will not adversely impact off-site circulation conditions and parking availability.

A minimum of one off-street parking space shall be provided for each dwelling unit. Parking regulations defined by § 190-198 shall apply to all other nonresidential uses permitted within the Mixed Use District except where modified by this section or following review and report from the Planning Director in consultation with the Traffic Engineer.

Off-street loading regulations defined by § 190-190 of this chapter for all uses permitted within the Mixed Use District.

Landscaping and screening shall be provided in conformance with Article XXVII as a means to break up the visual monotony and impervious surface area of parking facilities.

Open space; landscaping:

Landscape plans shall conform to Article XXVII.

Nashua and Merrimack riverfront open space shall be retained and expanded. Public and private visual and physical access to riverfront open space shall be made available. All open space and landscape plans should be consistent with the City's Central Nashua Riverfront Plan.

Open space and landscaping shall be incorporated and, where practical, provide visual and physical links to parks, plazas, squares and Main Street.

Open space and landscaping shall be provided to accentuate points of access and pedestrian activity.

Lighting:

Lighting sources shall be of an appropriate design and located at strategic locations to provide a safe environment and to accentuate important points of activity, access and building features of landmark proportions and details.

Lighting sources shall be adequately shielded to avoid glare.

All new construction and rehabilitation projects shall conform to City minimum lighting standards.

Signage:

Rooftop signs and billboards are not permitted as part of site plans for uses permitted by Subsection B unless approved by the Planning Board following review and report by the Zoning Administrator.

All signs shall conform to Article X, Signs, of this chapter, except as modified by this section.

Thematic or display banners incorporated as part of new construction and rehabilitation projects may be introduced if they are of a suitable size, color and graphic design to enhance the site and building environment and assist in enlivening and defining a building or space.

All directional and advertising signs shall conform to Article X of this chapter and shall be of a scale, color and materials consistent with the building, property and surrounding environment.

§ 190-24 Water Supply Protection District.

Purpose: It is the purpose and intent of this article to establish an overlay district to increase protection for the Pennichuck Brook Watershed above the supply pond dam, including Pennichuck Brook, its associated ponds, wetlands, and tributaries, said water being the primary source of the City's public drinking water supply. Regulations within the district are intended to preserve the purity of the drinking water supply; to maintain the groundwater table; and to maintain the filtration and purification function of the land; thereby protecting the public health, safety and welfare.

Water Supply Protection District established. The Water Supply Protection District is herein established as an overlay district and shall be superimposed on the other districts established by the zoning ordinances. The requirements enumerated hereafter for this Water Supply Protection District shall be in addition to, rather than in place of, the requirements of such other districts.

Boundaries.

The Water Supply Protection District is herein established to include all lands within the City of Nashua lying within the watershed of the Pennichuck Brook upgradient of the supply pond dam. The map entitled "Water Supply Protection District Map, City of Nashua, New Hampshire," dated October 28, 1998, and prepared by the City of Nashua Community Development Division shall delineate the boundaries of the district. This map as may be amended is hereby declared to be a part of this article.

Where any uncertainty exists with respect to the boundary of the Water Supply Protection District as shown on the Water Supply Protection District Map, the applicant shall supply the data needed to determine the district boundary. The Administrative Official shall determine the boundary based upon the location of the watershed and there is a hydrological connection to the surface waters based upon information supplied by the applicant.

There shall exist a Conservation Zone within the Water Supply Protection District which shall consist of all land areas located within 300 feet of the annual high-water mark of Supply Pond, Bowers Pond, Holt Pond, Harris Pond, and Pennichuck Pond, and all land areas located within 150 feet horizontally from all water bodies that are connected via surface water to the aforementioned ponds and the wetlands associated with those water bodies. The Conservation Zone shall be delineated on the map.

To fulfill its function as a prime aquifer recharge zone, the Conservation Zone is intended to be maintained as an undisturbed natural buffer for the purpose of protecting the drinking water supply. In case where a lot is not located entirely within the Water Supply Protection District, the requirements of the Water Supply Protection District shall apply to that portion of the lot located within the Water Supply Protection District.

Application for uses in the Water Supply Protection District. Notwithstanding the requirements of other provisions of this article, applications submitted for uses proposed within the Water Supply Protection District shall be accompanied by sufficiently detailed information and plans to clearly show the extent of the Conservation Zone and the use proposed to be located on the subject property. The Administrative Officer shall review the information provided to determine its sufficiency.

Uses in the Conservation Zone.

Unless permitted by the article, all uses are prohibited in the Conservation Zone. Activities that maintain existing uses associated with municipal water supply and treatment are allowed in the Conservation Zone. Forest management, wildlife conservation and passive, nonmotorized recreational activities are permitted where developed in accordance with a Forest Management Plan consistent with NH DES adopted or approved best management practices and rules, approved by the Nashua Conservation Commission.

To reduce potential damage to the Conservation Zone from significant storm events, overflow capacity may be provided within the Conservation Zone only by vegetated swales. Piping, headwalls, riprap and all other techniques other than vegetated swales are prohibited. Tree cutting is strictly limited to what is absolutely necessary to construct and maintain the vegetated swale. All other tree cutting in the Conservation Zone is prohibited, except for tree-cutting consistent with a Forest Management Plan developed in accordance with NH DES approved best management practices and rules, approved by the Nashua Conservation Commission.

Land contained in the Conservation Zone may satisfy the open space requirements of any lot.

Restriction on fertilizer and pesticide use. The use of fertilizers or pesticides is prohibited on any lands within the Conservation Zone or within 250 feet horizontally from the annual high-water mark of all water bodies and all associated wetlands, whichever is greater.

Lots of record and nonconforming uses:

The lawful use of any building or land existing at the time of the enactment of this article may be continued.

For lots of record as of the date of adoption of this article which have distances from the front lot line to the edge of a water body and associated wetlands in the Conservation Zone of less than 150 feet, the restrictions of the Conservation Zone in that location shall be considered waived up to a distance of 75 feet. This subsection shall not apply to the three-hundred-foot conservation area around the ponds.

In cases where legal lots of record, as of December 16, 1998, cannot reasonably be used for a permitted use due solely to the provisions of this article, a special exception may be granted allowing the use, provided that there shall be no resulting significant adverse impact to the water supply.

Any use made nonconforming by the provisions of this article may be expanded, provided that such expansion would otherwise be permitted in the underlying zoning district and a minimum of 50% open space is maintained.

In other cases where currently developed sites are proposed for expansion or redevelopment, a special exception may be granted, if the following conditions are met:

The proposed expansion or redevelopment would be allowed under current zoning ordinances and meets all other requirements for a special exception as set forth in § 190-134 of this chapter.

The proposed expansion cannot be reasonably accomplished within the constraints of Part 2.

[Amended 2-26-2008 by Ord. No. O-08-07]

Determination by the conservation commission within 30 days from formal submission of the proposal declaring that the proposed use will not create a danger of prohibited acts under § 12-3 of the City Code.

No increase of impervious surface in the Conservation Zone is proposed, except as designated in Subsection F(5)(c) of this section.

All stormwater management systems must be compliant with the requirements set forth in Article XXXI, Stormwater Management Standards, and must be sufficient to infiltrate all stormwater from the ten-year twenty-four-hour storm event.

§ 190-24.1 Four Hills Landfill Groundwater Management Zone.

[Added 10-22-2013 by Ord. No. O-13-050]

Purpose: On April 5, 2011, the New Hampshire Department of Environmental Service (NH-DES) issued Groundwater Management and Release Detection Permit No. GWP-198403099-N-004 to the City of Nashua for the Four Hills Landfill (Permit). One of the conditions of the Permit was for the City to collect data for a final definition of the off-site Groundwater Management Zone (GMZ). A GMZ is an area within which groundwater use must be controlled and/or monitored due to the potential presence of groundwater contaminants that exceed the State's Ambient Groundwater Quality Standards (AGQS). On June 10, 2013 the City submitted its technical justification for the boundary of the proposed off-site GMZ. The boundary was determined by analysis of groundwater flow in the areas surrounding the Four Hills Landfill. The NH-DES approved the off-site GMZ boundary delineation proposed by the City on June 24, 2013.

NH RSA 485-C:6-b and regulations thereunder require that notice of a GMZ be recorded in the registry of deeds in the chain of title for each property included in the GMZ. As an alternative form of notice, the law allows for the establishment of an overlay district. Due to the number of parcels affected by the GMZ, the City in consultation with the NH-DES determined that it was more efficient to establish a Four Hills Landfill Ground Management Zone Overlay District in lieu of recording notice in the chain of title for each property located within the GMZ. The overlay district also includes properties in the GMZ of the Gilson Road Superfund Site which is administered by NH-DES.

It is the purpose and intent of this section to establish an overlay district to protect the public health and the well-being of the City by restricting groundwater use to meet the requirements of New Hampshire's Groundwater Protection Act and the rules promulgated thereunder. The groundwater quality is being monitored under the Permit.

Authority. The Four Hills Landfill Groundwater Management Zone Overlay District (FHL-GMZ) is established in consultation with the New Hampshire Department of Environmental Services (NH-DES) and pursuant to NH RSA 47:17, XV "Bylaws and Ordinances, Miscellaneous," NH RSA 485-C, "Groundwater Protection Act," and the regulations promulgated thereunder, including but not limited to Env-Or 607.02 and 607.06, and the Groundwater Management and Release Detection Permit No. GWP-198403099-N-004 issued April 5, 2011 to the City of Nashua by the NH-DES (Permit).

Four Hills Landfill Groundwater Management Zone Overlay District established. The Four Hills Landfill Groundwater Management Zone Overlay District is hereby established as an overlay district and shall be superimposed on the other districts established by the zoning ordinances. The requirements for this FHL-GMZ shall be in addition to, rather than in place of, the requirements of such other districts.

Boundaries.

The FHL-GMZ is herein established to include all lands within the City of Nashua lying in and between the Four Hills Landfill and in a westerly direction, the easterly bank of the Nashua River; in a northern direction the Trestle Brook and following northwesterly along the Trestle Brook to the easterly bank of the Nashua River; and in a southern/southwesterly direction the southern boundary of the Gilson Road Superfund site extending westerly to the easterly bank of the Nashua River. The map entitled "Current and Proposed Land Use, Groundwater Overlay District Four Hills Landfill and Gilson Road Superfund Site," dated July 2013, and prepared by the City shall delineate the boundaries of the overlay district. The FHL-GMZ shall extend to any newly-created lot or map numbers created as a result of a subdivision within the defined area. This map as may be amended is hereby declared to be a part of this article.

The boundary of the FHL-GMZ shall be reviewed no less frequently than as required by the Permit or the NH-DES. Subsequent to such review, lots may be removed from or added to the FHL-GMZ after consultation with the NH-DES.

When the boundary of the FHL-GMZ is in dispute by any owner or abutter affected by said boundary, the City shall engage, at the owner or abutter's sole expense, a professional geologist or hydrogeologist to determine more accurately the precise boundary of the FHL-GMZ. The City shall consult with and receive approval from the NH-DES prior to any modification of the boundary of the FHL-GMZ.

Prohibited uses. In the FHL-GMZ any and all extraction and use of groundwater by any means and for any purpose whatsoever is prohibited unless the City and the NH-DES grant specific prior approval. No wells of any nature shall be dug, installed or otherwise created within the FHL-GMZ without prior approval from the City and the NH-DES. No groundwater shall be drawn or pumped by any means or for any use from within the FHL-GMZ without prior approval of the City and the NH-DES, unless it is for the specific and sole purpose of pumping groundwater out of a sump to keep a basement from flooding. No disturbance of wetlands within the FHL-GMZ shall be permitted without the prior approval of all authorities having jurisdiction, including but not limited to the City and the NH-DES.

Administration.

The provisions of the FHL-GMZ shall be administered by the Health Officer and the Department of Public Works.

Notice of any variances given from the provisions of the FHL-GMZ shall be forwarded to the NH-DES.

Enforcement. The Health Officer shall be responsible for enforcement of the provision of the FHL-GMZ and may pursue all legal and equitable remedies to ensure compliance with this section.

Effective date. This section shall become effective upon passage. The FHL-GMZ shall remain in effect until such time as the Ambient Groundwater Quality Standards (AGQS) are restored within the GMZ and the NH-DES approves release of the overlay prohibitions.

§ 190-25 Flexible Use District.

Purpose: The Flexible Use District is an overlay zone as depicted on a conceptual plan entitled "Conceptual Plan, Main Dunstable Road, Nashua, New Hampshire," dated February 15, 1997, at a scale of 1" = 200' prepared for Terra Verde, 20 Trafalgar Square, Nashua, NH, as amended ("plan"), and on file at the Community Development Division of the City of Nashua. The Flexible Use Overlay District shall also encompass the land shown on a conceptual plan entitled "Concept Plan, Ridge Road, Nashua, New Hampshire" dated November 12, 2001, at a scale of 1" = 150' prepared for Lamsco Holdings, L.L.C., 84 Lake Street, Nashua, NH (the "Lamsco Plan"), on file at the community development division of the City of Nashua, with the provision that said concept plan describe 82 new housing units and one existing housing unit. The flexible use district is developed as an innovative land use control pursuant to RSA 674:21I(i). It is designed to promote the health, safety and general welfare of the community. The flexible use district is further intended to promote the goals, objectives and strategies of the City of Nashua's duly adopted Master Plan, capital improvements program and its charter and ordinances, and thereby effectuates legitimate public purposes and facilitates the orderly growth and development of the City consistent with the needs of citizens.

The flexible use district permits multiple, coordinated uses in an integrated concept development plan, and provides for open space, wetland protection and recreational opportunities.

Permitted uses:

Single-family residential. Single-family residential development shall be permitted in Phases I-VIII as depicted on the plan in a number not to exceed 250 units. Single-family residential development shall be permitted as depicted on the Lamsco Plan in a number not to exceed 82 units.

Mixed-use village area:

Purpose. A mixed-use village area will be permitted as depicted on the plan and will be developed in conformity with the traditional New England architectural style. The mixed-use village area is intended to house retail facilities that primarily serve the needs of the surrounding residential neighborhoods.

Design standards. All structures erected in the mixed-use village area shall be designed in keeping with the "Hall's Corner Architectural Design Review, Procedure and Guidelines," dated February, 1987, and as may be amended from time to time by the Nashua Planning Board.

Permitted uses. The following uses developed shall be permitted in the mixed use village area as depicted on the plan. All uses not listed here, or in the conditional use Subsection A(4) below, shall be prohibited.

Elderly housing units.

Retail establishment selling general merchandise including but not limited to food, drugs, dry goods, apparel and accessories, gifts, flowers, books, periodicals, jewelry, tobacco, toys and crafts, stationery, antiques.

Miscellaneous professional and business offices and services including but not limited to legal and other professional services, and finance, insurance, real estate offices, banks, ATM and other financial institutions.

Personal service establishments including but not limited to hair styling, tailoring, shoe repair, laundromat and dry cleaning establishments or similar uses.

Eating and drinking establishments including but not limited to restaurants, coffee shop, delicatessen, bagel, pizza and sandwich shops where consumption is primarily on the premises, but specifically excluding establishments offering drive-through, curbside or other similar food service, or where, consumption is frequently in automobiles or off-premises.

Private day-care nursery.

Quasi-commercial, civic and institutional uses including but not limited to studios for art, dance, music and photography, churches, libraries and post offices.

Farm stands and agricultural uses.

Any type of municipal facility or activity.

Accessory uses. Accessory uses typically associated with the above principal uses shall be allowed with the approval of the Planning Board at the time of site plan review.

Conditional uses. The uses listed in this section shall be considered conditional uses, subject to approval by the Planning Board per the provisions of RSA 674:21, "Innovative Land Use Controls." In order for the conditional uses to be permitted, the Planning Board must determine that the proposed use complies with the statement of purpose of this section and meets all of the provisions of the Flexible Use Overlay District.

With the approval of the conservation commission, dispensing of automotive fuel, with no more than four fuel filling locations.

Medical, dental and veterinary offices.

Indoor amusement and recreation service, including but not limited to health club, fitness center and recreation facilities, limited to no more than three coin-operated amusement devices.

Funeral homes.

Greenhouses.

Signs/mixed-use district. The mixed-use village area shall have a uniform sign criteria, submitted with the site plan and approved by the Nashua Planning Board as a condition of approval of the site plan, that shall conform, at a minimum, to the local business (LB) zoning district, as described in Part 2, Article X. Internally illuminated signs are prohibited.

Hours of operation. All commercial and other enterprises within the mixed-use village area shall be limited to the following hours of operation: 5:00 a.m. — 11:00 p.m. The Planning Board may further restrict the hours of operation of individual businesses, based upon anticipated usage, at the time of site plan approval.

Residential property dimensional requirements.

Single-family dwellings shall conform to the following requirements in lieu of § 190-16:

	Single-Family Dwellings	Setback Requirement
	Minimum lot area	9,000 square feet
	Minimum side yard	10 feet
	Minimum rear yard	25 feet
	Minimum front yard	25 feet
	Minimum lot width	75 feet
	Minimum lot depth	90 feet
	Accessory structures	6 feet from all lot lines

Dwellings shall be sited with a variety of setbacks to prevent the row house effect.

There shall be no more than 60 elderly housing units included in the development.

Nonresidential lot and area requirements. The minimum lot area and yard requirements shall generally follow the conceptual plan. The exact lot area and dimensional requirements, along with access to the lots, shall be reviewed and approved by the Planning Board. There may be only one retail establishment selling general merchandise, as defined in Subsection A(2)(c)[2] of § 190-25, with a gross floor area of up to 20,000 square feet. A church may also have up to 20,000 square feet of gross floor area. All other establishments within the mixed-use village area shall have no more than 10,000 square feet of gross floor area. The total gross floor area of all structures in the mixed-use village area shall not exceed 80,000 square feet.

Open space requirements. At least 30% of the total tract area depicted on the plan shall be dedicated as open space. Said open space shall be deeded to the City of Nashua to be used for public purposes including a greenway system of public trails as depicted on the plan and placement of utilities. The trail network within the greenway will be established prior to the issuance of any occupancy permits for dwelling units within each approved phase. The City shall use, maintain and preserve these open space areas in their existing condition except for development of trails. One hundred twenty-five feet of open space shall be provided along all frontage on Ridge Road, and all existing foundations shall be removed from this area.

Street and utility requirements. The following requirements shall supersede Article XXX of this chapter where applicable:

Noncollector, residential streets may be 24 feet in width with prior Planning Board approval. If the road width is reduced, the Planning Board may waive the requirement for curbing and closed drainage.

Public rights-of-way shall be 50 feet.

The Planning Board may require speed reduction or traffic calming devices as it deems necessary.

The Board of Aldermen may accept streets pursuant to § 285-21 of the City Code.

The Planning Board may require that culs-de-sac be teardrop in shape, to facilitate snow plowing or for any other reason.

All utilities shall be provided via underground connections.

Submission and approval. Site plans submitted under the Flexible Use Overlay District shall meet the requirements Article XVII (Site Plan Procedures) of this chapter and those elements of § 190-135 deemed appropriate by the Planning Director. Development of the Lamsco Holdings concept plan shall be in at least three phases of not more than 30 units per phase.

Administration.

The Administrative Officer or his designee is authorized to administer and enforce the provisions of this section. Any decision, verbal or written, in the application of this section by the Administrative Officer may be appealed to the Planning Board whose decision is final unless appealed to Superior Court. The Administrative Officer shall determine the applicable date of constructive notice from which an aggrieved party has 20 days to file a written appeal to the Planning Board. The Planning Board shall follow its adopted bylaws in processing applications. As an innovative land use control, any waiver of the terms, uses and dimensional requirements of this section shall be submitted to the Planning Board who has been delegated the authority to decide waivers based on the criteria established in § 190-137. Applications for waivers and the notification of abutters and the public of the application for variance shall be subject to the provisions of § 190-137. Waiver decisions by the Planning Board are final unless appealed to Superior Court.

The Planning Board, in determining the acceptability of proposed site plans within the Flexible Use District shall have the authority to modify the dimensional, density, and other regulations of the underlying districts in accordance with the criteria for such modification set forth for the D Downtown District in § 190-20, subject to the restriction that the dimensional specifications set forth in this article, and any other provision of this article which is in conflict with the provisions of § 190-20 shall supersede the provisions of § 190-20.

All applicable fees for submittal of site plans and subdivision plans shall apply.

Repeal of conflicting provisions of Ordinance No. O-88-05. Ordinance No. O-88-05, "Rezoning a parcel of land on Conant Road to GB; rezoning a second parcel on Buckmeadow Road to R-C; and approving a planned residential development known as Hall’s Corner," is hereby repealed in its entirety, along with all of its conditions and stipulations, except for the Hall’s Corner Sewer Agreement, which will be addressed separately. The Mayor of Nashua is authorized to execute such documents as the City Solicitor/Corporation Counsel deems necessary to extinguish or remove any agreements of record which were executed as part of Ordinance No. O-88-05.

[Amended 2-26-2008 by Ord. No. O-08-07]

§ 190-26 Planned Residential Development (PRD).

Purpose: This section establishes procedures and standards for the use of flexible zoning standards for residential development. This section relieves residential developments subject to a common plan of development from rigid zoning requirements, but also establishes higher standards for open space and building design.

Applicability.

This section applies to developments using a planned residential concept for mixed residential, commercial, institutional and other uses which are subject to the dimensional and density regulations of this section and not those of § 190-16 of this chapter.

The tract shall be at least 10 contiguous acres, and may include parcels separated by existing public roads. Existing, intervening public roads shall not count toward tract size. However, proposed dedications for future public roads shall not be discounted from tract size.

This section does not apply to those planned residential developments which have received aldermanic approval prior to passage of this chapter. However, modifications to the approved concept plan may be authorized by the Planning Board, provided that the original intent of the concept plan is adhered to specifically regarding:

Maximum number of dwelling units, nonresidential development, and total building and parking lot site coverage.

Total recreational space/facilities being provided.

Preservation of natural features.

Compliance with any density bonus provisions.

Permitted uses. The following uses are permitted within a PRD:

Single-family detached, duplex, or multifamily dwellings.

Community facilities as listed in the table of use regulations shall be permitted as well as membership clubs under controlled use of the residents of the planned residential development, recreational membership clubs and facilities open to both residents and the public, and public recreation or open space.

Commercial retail and service establishments as allowed in Local Business (LB) District.

A maximum of 3% of total land area at any one time (excluding land area devoted to private day nurseries or kindergarten facilities) may be devoted to commercial uses, including required off-street parking, whenever the proposed development consists of a minimum of at least 100 acres.

Procedures.

The applicant shall submit a concept plan for the entire tract of the planned residential development. The concept plan shall include the information required by Article XLIII.

Submission and review.

Only parcels with natural features and amenities, including, but not limited to, wetlands and slopes that have not been intentionally altered to circumvent the purpose of this section shall be eligible for approval.

Prior to the official submission of a general concept plan to the City, the developer shall hold preliminary review sessions with the Administrative Officer to solicit his comments and recommendations.

Upon completion of the Administrative Officer review sessions, the applicant shall submit the concept plan to the City Clerk for inclusion on the Board of Aldermen agenda. The plan will then be referred to the aldermanic Planning and Economic Development Committee and the Planning Board, before they act on the proposal. The aldermanic Planning and Economic Development Committee will hold a public hearing, notice of which shall be provided by publication in a newspaper having general circulation in the City not less than 15 days, prior to such hearing. As a condition of approval, the Board of Aldermen may require the reasonable phasing of a development in order to minimize its impact on existing municipal facilities. This phasing shall allow sufficient time for any expansions or improvements to municipal facilities as may be necessary to accommodate the planned residential development. All proposed recreational improvements shall be phased to coincide with the phasing of the total project development schedule. One hundred percent of all nonresidential uses shall be constructed prior to the approval by the Planning Board of the final 15% of the total number of residential units.

Upon approval of the concept plan, approval from the Planning Board shall be required for each phase or structure to be built. Such review shall conform to the site plan and/or subdivision regulations of this chapter.[1]

Editor's Note: See Part 3 of this chapter, particularly Arts. XVI and XVII thereof.

Failure to begin construction of a planned residential development within one year of its approval by the Board of Aldermen shall result in such approval being null and void unless an extension has been granted by the Board of Aldermen.

A current list of all property owners, their addresses, and zip codes, which abut the development shall be provided to the Planning Board, and the Planning Board shall provide notice of schedule public input meetings related to the proposed development.

Dimensional standards.

Density. The total number of dwelling units within the planned residential development shall be no more than 3.8 units per acre of net developable land plus incentives as provided in Subsection D(2) below. "Net developable land" shall mean total tract acreage minus the sum of:

Fifty percent of acreage defined as wetlands (as determined in accordance with Article XI) and acreage within the one-hundred-year floodplain (as determined in accordance with Article VII).

Seventy-five percent of acreage encompassed by topography having slopes of 20% or greater. This subtraction does not apply to those slopes of at least 20% caused by prior human activity, which are treated as slopes of less than 20% slopes for purposes of the concept plan.

Acreage within the fifty-foot buffer area required by Article XI (Wetlands) of this chapter which is adjacent to any existing intervening street, which would not be required if such existing intervening street did not exist. This subtraction shall not apply to those streets which are discontinued in conjunction with the proposed development.

All commercial acreage.

Acreage occupied by indoor recreation facilities open to the general public and operated for profit.

Industrial acreage.

Bonus density. Additional dwelling unit density may be obtained if the following incentive(s) are fully satisfied:

Table 26-1 PRD Bonus Density
(A) Incentive	(B) Bonus Units (per acre) Tracts Exceeding 25 Acres	(C) Bonus Units (per acre) Tracts Between 10-25 Acres
An existing natural landscape buffer, which shall be supplemented by additional planting where natural vegetation is sparse or nonexistent, at least 200 feet in depth along existing public rights-of-way (excluding existing structures which are to be incorporated into the proposed project) and 100 feet along all project property lines, whose purpose is to provide a natural visual screen between the proposed development and adjacent property and public roads.	0.5	0.25
Providing 250 square feet per unit or more of developed active recreation facilities, such as swimming pools, tennis courts, basketball courts, play lots and ball fields.	0.3	0.15
When recommended by the Planning Board, and confirmed by the Board of Aldermen, a dedication and/or development of land for a public community facility (excluding water or sewer improvements or roads) which is necessary to serve the general area or district in which the development is located, and/or providing 250 square feet per unit or more of developed active recreation facilities as described above. Such recreation facilities shall be dedicated for public use; shall be consistent with the goals of the City recreation plan; shall be reviewed by the City's Parks and Recreation Director prior to submittal of the plan to the Planning Board and Board of Aldermen. Any dedications secured under this paragraph may be permitted within the required fifty-foot or one-hundred-foot buffer area.	0.20 to 0.50 units per acre, depending upon the quantity and quality of the dedicated facilities as determined by the Planning Board	0.10 to 0.25 units per acre, depending upon the quantity and quality of the dedicated facilities as determined by the Planning Board
Privately operated day nursery or kindergarten facilities providing care for 12 or more resident or nonresident children contained within a freestanding structure (except if associated with a multiple-tenant commercial structure) may be approved by the Planning Board. Such facilities shall be compatible with surrounding land uses and designed in a manner which permits safe and convenient vehicular access and egress. In addition, day nursery or kindergarten facilities shall be subject to the approval and periodic inspection of the City Community Services Division.	0.05	0.025

Height. Structures shall not exceed 35 feet in height unless setback 75 feet from the project boundaries plus an additional 75 feet for each 10 feet above 35 feet. No building shall exceed 80 feet in height. When recommended by the Planning Board and confirmed by the Board of Aldermen, requirements of this section may be waived for special conditions such as commercial or industrial abutters, or other special features such as rivers, highways, etc., where literal application of this section would not serve the purpose of providing adequate buffers to established residential neighborhoods.

Perimeter setbacks. New principal structures and parking areas shall be at least 50 feet from the project boundary, and this area is to be considered a buffer comprised of existing natural vegetation, which shall be supplemented by additional planting where natural vegetation is sparse or nonexistent. Additionally, new principal structures and parking areas shall be at least 30 feet from any internal traffic routes or public roads and at least 20 feet from any other principal structures. Accessory structures shall be at least five feet from any other structure.

Open space, parks and recreation.

At least 20% of the total tract area shall be designated as common open space.

Not more than 75% of the common open space shall be wetlands or over 5% sloped area.

The Planning Board may allow land exceeding the slope limitations, bodies of water, and historical sites to qualify as part of the common open space requirement, by taking into consideration the proposed use of any lands to be dedicated to public use, and the use of the land or water in relation to the recreational needs of the development.

Stormwater management facilities (e.g., detention or retention basins/ponds) required by Article XXXI) shall not be designated as part of the required open space.

Covenants protecting the common open space shall be reviewed and approved by the Planning Board after review and approval of the City Solicitor/Corporation Counsel prior to the first subdivision or site plan approval. Such covenants shall provide for adequate protection in their natural state for wetlands, bodies of water and vegetation which are to be delineated on the concept plan.

Conservation regulations. See Article XXV.

Stormwater management. A stormwater management plan consistent with Article XXXI shall be provided with the initial application for all phases of the proposed development.

Street design and transportation.

Street design and transportation shall comply with Article XXX.

The number of new access points to existing and proposed public streets and major through roads within the development shall be limited to two unless otherwise determined by the Planning Board.

The Planning Board may require principal streets to become dedicated public ways.

Private streets shall conform to Subsection H(1) above, and the following standards:

Private maintenance of all street improvements is required (except as specifically required by the City) including rubbish collection, lighting and snow plowing.

The streets shall be posted as private streets by standard street signs.

The Planning Board may allow up to 25% of streets within the development to become public streets when appropriate.

All dwelling units to be sold must have either frontage or permanent easement access to a public street.

Utility requirements. The development shall be served by both a public water and public sewerage system.

Homeowners' association requirements. All parks, open space and other common areas shall be maintained by a homeowners' association or equivalent entity as provided in § 190-205D of this chapter. The applicant shall provide all documentation and instruments required under this section for review by the City Solicitor/Corporation Counsel.

§ 190-26.1 Transit-Oriented Development (TOD) Overlay District.

[Added 10-27-2015 by Ord. No. O-15-064]

Purpose: The purpose of the Transit-Oriented Development Overlay District is to encourage innovative and supportive development near transit stations such as commuter rail and bus with focus on intermodal transportation connections and innovative financing of infrastructure. This section promotes the transportation goals and objectives of the Nashua Master Plan and specific objectives and recommendations of the 2004 East Hollis Street Area plan adopted as part of the Master Plan.

Applicability.

The provisions of this section apply to any use or development located within a Transit-Oriented Development (TOD) Overlay District whose boundaries are established on the official Zoning Map of the City by the Board of Aldermen.

The Transit-Oriented Development Overlay Districts are flexible overlay zones which are authorized by RSA 674:21.

Processing procedures. Development consistent with the regulations established herein may occur as of right in any TOD Overlay District, subject to the locational restrictions of Subsection C below.

Locational criteria. TOD Overlay Districts shall be located within a reasonable walking distance to a transit station as established on the official Zoning Map.

Uses.

Any uses permitted in the R-C, D-1 or D-3 Zoning Districts, and the uses permitted in the underlying zoning district, are permitted in TOD Overlay Districts. In addition, research and development offices are permitted as a conditional use (Use No. 180 of the Use Matrix, § 190-15, Table 15-1 of this chapter) if not permitted by right in the underlying district. Rail/bus passenger stations/terminals (Use No. 257 of the Use Matrix), parking lots, surface, underground or in structures, as a principal use (Use No. 262), railroad freight yards, repair shops/sheds and marshalling yards (Use No. 263), and taxi and limousine service (Use No. 264) are permitted uses in TOD Overlay Districts. A site plan is required for development in a TOD Overlay District.

Site plan suitability report. Within TOD Overlay Districts, all site plans submitted to the Planning Board for approval in accordance with this section shall be accompanied by a site plan suitability report, including appropriate studies, drawings, plans and illustrations, which shall address all factors identified in the Mixed Use Overlay Zone site plan suitability report (§ 190-23E).

Modification of dimensional, density and other regulations.

The Planning Board, in determining the acceptability of proposed site plans within TOD Overlay Districts, shall have the authority to modify the dimensional, density and other regulations of the underlying districts in accordance with Subsection F below.

The authority granted to the Planning Board by this section shall apply to all uses contained within or approved as part of a development submitted in accordance with the provisions of this section.

Guidelines for site plan evaluation. The guidelines as established in the Mixed Use Overlay District, § 190-23F, are intended to provide the Planning Board with the criteria to evaluate site plans and site plan suitability reports required by Subsection D above, and to determine whether a site plan submitted under this section should be approved, approved with conditions, or denied. In approving any site plan under the provisions of this section, the Planning Board may modify or waive any criteria listed in the Mixed Use Overlay District, § 190-23F, or require in a reasonable manner as a condition of approval any and all specific treatments of the criteria listed in that subsection as it deems necessary to meet the above general purpose statement and generally those of the Mixed Use Overlay District, § 190-23.

Adequate public facilities. The adequate public facilities standards of Article XXIII of this chapter shall not apply to any application for site plan approval within a TOD.

Lot arrangement and dimensions. The front setback shall be established as follows:

Minimum front setback: zero feet from the edge of the sidewalk. A minimum setback of five feet from the property line shall be required where street tree planting is required pursuant to Article XXVII of this chapter.

Maximum front setback: 15 feet.

§ 190-26.2 The Veterans Memorial Parkway Redevelopment (VMPR) Overlay District.

[Added 4-11-2023 by Ord. No. O-23-044]

Purpose: The purpose of the Veterans Memorial Parkway Redevelopment (VMPR) Overlay District is to allow the City of Nashua to make significant progress towards meeting two of the most important goals of the Imagine Nashua Master Plan: promoting sustainable redevelopment in targeted areas and creating a greater mix of housing types [see Imagine Nashua October 12, 2021]. More specifically, establishment of the VMPR Overlay District is necessary to facilitate the remediation of environmentally challenged property adjacent to the Nashua River, and to allow one of the largest remaining undeveloped parcels in the City to be redeveloped as rental and for-sale housing. The land comprising the VMPR Overlay District will accommodate important housing alternatives for a wide array of Nashua residents, a goal noted in the City's 2021 Housing Study. The establishment of the VMPR Overlay District and resulting redevelopment will also improve access to the Nashua River. The plans for the Veterans Memorial Parkway (f/k/a the Broad Street Parkway) (the "Parkway") contemplated that the Parkway would provide access to this land to enable its redevelopment, and avoid material negative impact to the adjacent, existing neighborhood. Establishment of the VMPR Overlay District facilitates the remediation and redevelopment of this area. Given the completion of the Parkway, various conditions of Ordinance O-84-76 (adopted before construction of the Parkway) are no longer necessary or applicable to land in the VMPR Overlay District, and are being repealed.

Applicability. The provisions of this section apply to any use or development located within the Veterans Memorial Parkway Redevelopment (VMPR) Overlay District whose boundaries are established on the Official Zoning Map of the City by the Board of Aldermen.

Authority. The City's authority to establish the VMPR Overlay District is derived from the innovative land use controls permitted under RSA 674:21, the Charter of the City of Nashua and the Master Plan of the City of Nashua [Imagine Nashua October 12, 2021].

Permitted uses. The following uses are permitted in the VMPR Overlay District:

All uses permitted in the underlying zoning district [e.g., the C Urban Residence District (R-C District)].

A maximum total of 20,000 square feet of gross floor area in the entire VMPR Overlay District may be used for service businesses and professions which are ancillary to multifamily communities, including health care services, retail uses, and day-care facilities.

Active and passive recreational uses.

Accessory uses. Accessory uses, as permitted in the Land Use Code under § 190-15; provided that such uses need not be located on the same lot as the principal use and that any accessory use must be incidental and subordinate to a principal use within the District.

Procedures before Board of Aldermen. Prior to submitting applications to the Planning Board for final approval of subdivision plans, site plans, variances, and conditional use permits, an applicant (to develop land in the VMPR Overlay District) shall submit to the Board of Aldermen for approval a Master Concept Plan and a Master Development Agreement. The intent of the Master Concept Plan is to provide a schematic layout and design, to form the basis or concepts for the plans to be submitted to the Planning Board for final design and approval.

The Master Concept Plan shall include the following elements:

Proposed subdivision (lot layout), if any

General depiction of the location, size and height of all buildings, all open space, green space areas, and conceptual design of these spaces indicating their intended use.

Conceptual architectural elevations.

Planned improvements to the riverfront adjacent to the property and land to be donated to the City and preserved as open space, if any.

Proposed buffering to adjacent residential neighborhoods.

The anticipated, not-to-exceed total number of residential units.

Anticipated locations and counts of required and proposed covered and open parking spaces.

The proposed general layout of stormwater infrastructure.

Existing topography and preliminary depiction of proposed topography.

The proposed layout of transportation infrastructure including, but not limited, to pedestrian infrastructure and vehicle infrastructure.

The types and typical or preliminary locations and general character of public amenities.

The extent and general design of all off-site improvements.

Zoning requirements and dimensional data in a tabular format (required and proposed).

Prior to the Planning Board or the Zoning Board of Adjustment, as the case may be, granting conditional or final approval of subdivision plans, site plans, conditional use permits, variances or special exceptions the Master Concept Plan and the Master Development Agreement shall have been approved by the Board of Aldermen. The Master Development Agreement shall be recorded at the Registry of Deeds and shall include the following provisions, among others:

Off-site improvement arrangements and schedule.

Project phasing.

Rental inclusionary housing unit construction obligations and in lieu affordable payment schedule for owner-occupied development, as applicable.

Repayment plan(s) for loan(s), if any, from the City.

Project bonding requirements, as and if applicable.

Processes to amend the Master Concept Plan and Master Development Agreement.

The Master Concept Plan may be amended in accordance with the procedures set forth in this section.

Material changes to the items set forth in Subsection D(1)(a) through (m) shall be considered major modifications and shall require the approval of the Board of Aldermen. Any increase in the total number of units, any reduction in the number of inclusionary (affordable) housing units to be built on site shall de facto be considered major modifications.

Minor modifications to the Master Concept Plan may be approved either by the Planning Board or by the Administrative Officer as set forth in the following sections.

Minor modifications requiring Planning Board approval.

The following minor modifications to the Master Concept Plan require Planning Board approval:

Changes to the items set forth in Subsection D(1)(a) through (m) that are not major modifications but are of a nature customarily approved by the Planning Board as determined by the Administrative Officer.

Modifications to the proposed building(s) that decrease the number of floors of a building.

Increases in the number of units in a building; provided, that such increases do not increase the total number of units set forth in the Master Concept Plan.

Changes in proposed lot areas of more than 10%.

Modifications to the horizontal improvements of more than 10%, including surface parking spaces and drive aisles.

All changes and modifications not listed in Subsection E(2), (3) or (4)(a), including, without limitation, the following, may be approved by the Administrative Officer, or his or her designee:

Modifications to the exterior design and/or materials used in construction of the buildings.

Minor modifications to the layout and location of buildings and horizontal improvements, including covered parking areas and green space, within parcels that do not require modifications to subdivision plans and which modifications do not decrease the amount of green space for the project below the 50% requirement set forth in Subsection F(4).

Modifications that do not increase the height of buildings; provided, that changes for ancillary purposes such as mechanical enclosures, elevator shafts, roof decks and associated structures and parapet walls are not either major modifications or minor modifications.

Adjustments to the configuration of surface parking spaces, the number of parking spaces and drive aisles; provided the number of surface parking spaces do not change by more than 10% for the project as a whole.

Decreases in the number of units in a building.

Modifications to utility layouts.

The Administrative Officer, or his or her designee, shall determine whether a particular modification is a major modification [under Subsection E(2)], a minor modification for which approval by the Planning Board is required [under Subsection E(4)(a)] or a minor modification which may be approved by the Administrative Officer [under Subsection E(4)(b)].

The Master Development Agreement may be amended only by the affirmative vote of the Board of Aldermen.

Dimensional requirements. The following provisions shall govern dimensional requirements for lots and the development thereof in the VMPR Overlay District.

Subject to Subsection F(2) below, the dimensional requirements set forth in Table 16-3 for the R-C Zoning District, as the same may be amended and replaced from time to time, will apply.

In approving subdivision plans, site plans and conditional use permits, the Planning Board may modify dimensional regulations (except for density regulations) of the underlying zoning district (as they apply to land in the VMPR Overlay District) including, without limitation, reducing frontage, lot depth, and setback requirements, and increasing maximum floor area ratio. Such modifications or relief, as part of an application, may be approved by the Planning Board in its discretion upon the Planning Board's determination that such modifications do not materially conflict with the Master Concept Plan or the Master Development Agreement.

Notwithstanding the parking space and aisle dimensional requirements in § 190-193 of the Land Use Code, as amended or superseded, parking spaces in the VMPR Overlay District may be no more than 18 feet in length and drive aisles in the VMPR Overlay District may be up to 24 feet in width.

A minimum of 50% of the total land area in the VMPR Overlay District shall remain as green space. Green space is defined as all active recreation, passive recreation, open space, and buffer areas that are characterized predominately by pervious or vegetated surfaces, unless otherwise exempted herein. Vegetated buffer areas may include those areas fully vegetated that are adjacent to the Nashua River, abutting residential neighborhoods, and other similarly characterized areas. Green space shall exclude appurtenant areas, including but not limited to grass strips and landscaping islands.

A minimum vegetated buffer of no less than 50 feet in width shall be maintained at all times from the outer boundaries of the VMPR Overlay District to adjacent existing developed residential property, except for areas providing access, emergency access and/or utility services. The Planning Board shall determine vegetation and planting requirements for such vegetated buffer.

At a minimum, the vegetated buffer shall adhere to the following standards:

One tree per 400 square feet of buffer area.

40% of trees shall be deciduous.

40% of trees shall be evergreen.

Spacing between trees shall not exceed 40 linear feet.

One shrub per 40 square feet of buffer area.

20% of shrubs shall be deciduous.

40% of shrubs shall be evergreen.

All plantings shall be native species and any invasive species as listed by the State of New Hampshire shall be prohibited.

All plantings must have a hardiness suitable for the Nashua region as defined by the USDA Plant Hardiness Zone Map.

Planting minimums.

Planting Minimums	Deciduous Trees	Evergreen Trees	Shrubs
Height at planting	12 feet	6 feet	2 feet
Caliper at planting	2.5 inches	n/a	n/a
Height at maturity	30 feet	30 feet	4 feet

Preservation of vegetation. Priority will be given to the preservation of large, healthy trees and shrubs whenever possible. No storage of materials or vehicles shall be located, or disturbances to the soil shall occur, within the dripline of tress to be preserved. In instances where trees over 30 feet in height are able to be preserved as part of the buffer, the minimum spacing of new trees from preserved trees may be extended to 50 linear feet.

Special conditions. The following conditions shall also apply to land in the VMPR Overlay District:

In connection with its approval of a Master Development Agreement, the Board of Aldermen may modify particular terms, conditions and/or requirements set forth in § 190-48 of the Land Use Code and establish other terms and conditions governing the number of affordable units, types of affordable units and arrangements for payments in lieu; provided, that the Master Development Agreement shall not increase the bonus density ratio otherwise provided in § 190-48.

Any lot located in the VMPR Overlay District may contain more than one principal structure.

Project density (under Table 15-1 of the Land Use Code) will be based on gross acreage of land involved in the project, with reference to the R-C District density provision (12.5 units per acre). The underlying density calculation will be based on the acreage of the full project site without reduction for any subsequent conveyances of such land (e.g., to City).

If any land is developed in the VMPR Overlay District, it shall provide access (by public and/or private roads) from the Veterans Memorial Parkway to the boundary between the VMPR Overlay District and Map 62, Lot 100, for ingress, by vehicles and by foot, to Map 62, Lot 100, which access may include ingress and egress through Map 62, Lot 100 from Map 62, Lot 101, Map 127, Lot 102, Map 127, Lot 131, Map 127, Lot 41, Map 127, Lot 42, Map 127, Lot 43 and Map 127, Lot 44. If any land is developed in the VMPR Overlay District, the applicant shall provide a pedestrian right-of-way to the Nashua River, at a location determined by the Planning Board in connection with its approval of any subdivision or site plan.

Conditions 2, 3, 4, 5, 6, 8, 9 and 10 of Ordinance O-84-76 are hereby repealed. Conditions 1 and 7 of Ordinance O-84-76 remain in effect.

In the event of any conflict between the provisions of this § 192-26.2 and other provisions of the Land Use Code, the provisions of this § 192-26.2 shall control.

§ 190-27 Framework.

Special district regulations below provide the framework for zoning districts to be created in appropriate areas throughout the City. The district boundaries of the special districts shall be established through an amendment to the Zoning Ordinance as set forth in §§ 190-12B and 190-132, Zoning amendments.

§ 190-28 Higher Education District (HE).

Purpose: This district is intended to permit the location and growth of institutions of higher education in areas appropriate for such use. This section implements the following Master Plan recommendations:
•	Require higher education facilities (HEFs) to maintain their site plan.
•	Require HEFs to submit for approval any requested additions to an existing HEF.

Establishment of HE District. Prior to the establishment of an HE District by the Board of Alderman, an applicant shall present a master site plan of the proposed district to the Planning Board for approval. The master site plan may be processed concurrent with a request to rezone any lot(s) or parcel(s) to an HE District, pursuant to § 190-135, and shall constitute the site plan for any lot or parcel after it is approved This plan shall show:

Adjacent properties sufficiently to identify surrounding uses and potential impacts on them by the applicant's plan;

The location and capacity of all off-street parking spaces;

Internal traffic circulation plans, including traffic ingress and egress locations; and

For new facilities, estimates of traffic load impacts on surrounding public streets.

Permitted uses. Colleges, universities, junior colleges and other educational institutions of higher learning are permitted in a Higher Education District. The following uses are considered accessory to the permitted uses in a Higher Education District:

		LBCS
Accessory Uses	NAICS	Function	Activity	Structure
Dormitories			1300	1320
Gymnasium	713940		7110	4220
Libraries	514120	4242	4100	4400
Museums and art galleries	712110	5200, 5210	6700	4220
Swimming facilities/natatoriums	713940		7110
Outdoor recreation fields			7190
Student unions				4220
Amateur radio transmitter	513112
Bookstore	451211	2135
Churches	813110	6600	6600	3500
Concert halls/performance centers	711310			3110
Day-care and preschool facilities	624410	6562
Floral shops	453110	2141
Game halls	713990	5320, 5380
Gift shops	453220
Hair salons and barbers	812111	2600
Ice skating rink			7130
Parking structure	812930			5230
Restaurants and cafeterias	722110	2510	2200	2220
	722111	2520
	722212
Stadiums			5210	3300

Dimensional standards.

There is no minimum lot area or minimum lot width requirement for the HE District The minimum building setback from the HE District boundary shall be 25 feet for buildings up to 2 1/2 stories or 35 feet in height.

A building may be erected up to 75 feet, provided that the required setbacks are increased by one foot for each foot of building height measured from the outside edge of that portion of the structure that exceeds 35 feet up to a maximum of six stories.

Parapet walls may be erected as necessary to screen rooftop equipment if the walls extend around the perimeter of the building and incorporate exterior building materials similar to those of the main building. Parapet walls subject to this subsection are exempt from the height restrictions.

Parking.

Parking areas shall set back a distance of 25 feet from the district boundary.

Parking is not required for upper story dwellings above a first floor commercial or office use.

All parking areas within the same block should be designed to allow interconnection to neighboring parking areas.

Transportation. Five-foot-wide sidewalks shall be required along the streets of lots or parcels to be developed. Such sidewalks shall connect to the major entryways of buildings. Sidewalks shall be so designed as to tie to existing sidewalks within or abutting the district.

Building design.

All roof-mounted equipment, including satellite dishes and other communication equipment shall be screened to the extent possible so as not to be visible from any public right-of-way by a parapet or similar structure that is similar to the architectural style of exterior elevation of the principal building. The equipment should not be visible from recreation trails or from public sidewalks adjacent to the building. Communications towers are subject to § 190-38.

All equipment and activities shall be screened and placed so as to minimize noise disturbance on any neighboring property.

Exterior lighting used to illuminate the premises and/or advertising copy shall be directed away from adjacent properties, and shall conform to Article IX.

Architectural elevations of all buildings and structures in the district shall be submitted for review and approval by the Planning Board. Particular attention will be paid to those facades that are visible from a public street. The review by the Planning Board shall be conducted with attention to proposed architectural features, details, materials, and colors of buildings and structures. The Board may require modification to the proposed designs and may impose conditions in granting approval. Key elements that may be reviewed include:

Facade design and features.

Window size, style and placement.

Exterior materials and color.

Roof form.

Sign location and design.

In those cases where the proposed building or structures will be within 20 feet of the district setback, the architectural design shall recognize and respect the architectural character of the existing adjacent neighborhood in terms of scale and proportion.

Site plan.

No building shall be erected or constructed, and no development shall occur, unless and consistent with the master site plan approved by the Planning Board.

An updated master site plan may be concurrently submitted to the Planning Board for proposed new building, construction, or development not consistent with the existing plan on record.

§ 190-29 Medical District (MD).

Purpose: The MD Medical District is intended to accommodate medically oriented businesses and facilities. Medical Districts (MD) accommodate medical centers, hospitals and all their normally related functions, if properly sited in relation to each other and pursuant to an approved plan for that district. These standards are designed to ensure that developments in the MD are functionally integrated with other buildings and parking areas and in substantial conformity with a master site plan.
This section implements the following Master Plan recommendations:
•	Consider if the Zoning Ordinance, as it relates to medical services generally, needs to be revised to include provisions for a Medical Services District and related use and dimensional requirements.
•	Any hospital or medical facility expansions need to recognize and protect adjacent residential areas from unreasonable impacts.

Establishment of MD District. Prior to the establishment of a MD District by the Board of Alderman, an applicant shall present a master site plan of the proposed District to the Planning Board for approval. The master site plan may be processed concurrent with a request to rezone any lot(s) or parcel(s) to a MD District, pursuant to § 190-135, and shall constitute the site plan for any lot or parcel after it is approved. This plan shall show:

Current and anticipated uses of the property;

Adjacent properties sufficiently to identify surrounding uses and potential impacts on them by the applicant's plan;

The location and capacity of all off-street parking spaces;

Internal traffic circulation plans, including traffic ingress and egress locations; and

Estimates of traffic load impacts on surrounding public street system.

Uses permitted.

Hospitals and health care providers are permitted in a Medical District. The following uses are accessory uses within an MD District:

		LBCS
Accessory Uses	NAICS	Function	Activity	Structure
Ambulatory and outpatient care services	6214	6510		4100
Blood and organ banks	621991	6514		4100
Diagnostic imaging centers	621512	6513
Dormitories		1300	1320
Emergency response centers	621910	6430	4200
Family planning and outpatient care services	621410	6512		4100
Day-care homes	624120	6566
Hospitality houses
Hotels
Kidney dialysis centers	621492
Medical and diagnostic laboratories	621511	6513		4100
Medical and nursing schools	611310, 611519
Parking structures, public or private, subject to the standards in Subsection C below.	812930			5230
Pharmacies	446110	2161
Physical therapy establishments	622310	6520		4100
Residential care and treatment facilities			4500
Bookstore	451211	2135
Day-care and preschool facilities	624410	6562
Floral shops		2141
Gift shops
Hair salons and barbers		2600
Restaurants and cafeterias	722212	2510	2200	2200
		2520

		LBCS
Uses Allowed by Conditional Use Permit	NAICS	Function	Activity	Structure
Communication towers subject to § 190-69		4200		6500
Heliports				5640
Dwelling units		1100		1100, 1200

Dimensional standards.

There is no minimum lot area, minimum lot width, requirement for the MD district. The minimum building setback from the MD District boundary shall be 30 feet. The Planning Board shall have the authority to modify the setback requirements when the plan is in conformance with the Nashua Master Plan.

A building may be erected up to 90 feet up to a maximum of six stories, provided that the required setbacks are increased by one foot for each foot of building height measured from the outside edge of that portion of the structure that exceeds 35 feet up to a maximum of six stories.

For purposes of this section, the land area used to compute the open space percentage shall include the entire area subject to the site plan or master site plan.

Parapet walls may be erected as necessary to screen rooftop equipment if the walls extends around the perimeter of the building and incorporate exterior building materials similar to those of the main building.

Parking.

There is no maximum parking ratio for buildings in the MD District.

Parking areas shall be set back a distance of 25 feet from the MD boundary. For through lots, parking should be located between the principal building and the street that carries less traffic, but no closer than 10 feet to the front property line.

Parking is not required for upper-story dwellings above a first-floor commercial or office use.

All parking areas within the same block should be designed to allow interconnection to neighboring parking areas.

Street design and transportation. Six-foot-wide sidewalks shall be required along the streets of lots or parcels to be developed. Such sidewalks shall connect to the major entryways of buildings. Sidewalks shall connect to existing sidewalks within or abutting the district.

Building design.

All roof-mounted equipment, including satellite dishes and other communication equipment, shall be screened to the extent possible so as not to be visible from any public right-of-way by a parapet or similar structure that is similar to the architectural style of exterior elevation of the principal building. The equipment should not be visible from recreation trails or from public sidewalks adjacent to the site.

All equipment and activities shall be screened and placed so as to minimize noise disturbance on any neighboring property.

Exterior lighting is required for all employee and visitor parking areas, walkways, and building entrances and exits. Exterior lighting used to illuminate the premises and/or advertising copy shall be directed away from adjacent properties, and shall relate to the scale and location of the development. Article IX (Lighting) shall not apply to the MD District.

Architectural elevations of all buildings and structures in the District shall be submitted for review and approval by the Planning Board. Particular attention will be paid to those facades that are visible from a public street. The review by the Planning Board shall be conducted with attention to proposed architectural features, details, materials, and colors of buildings and structures. The Board may require modification to the proposed designs and may impose conditions in granting approval. Key elements that may be reviewed include:

Facade design and features.

Window size, style and placement.

Exterior materials and color.

Roof form.

Sign location and design.

Master site plan. No building shall be erected or constructed, and no development shall occur, unless and consistent with the master site plan approved by the Planning Board.

§ 190-30 (Reserved) [1]

Editor's Note: Former § 190-30, Transit-Oriented Development (TOD), was repealed 10-27-2015 by Ord. No. O-15-064.

§ 190-31 Accessory uses and structures.

Dimensional standards.

In residential, commercial and industrial districts, a detached accessory building shall comply with the following:

(A)	(B)
Standard	Requirement
Maximum percent of front or rear yard	25%
Minimum front setback	20 feet
Minimum side or rear setback	6 feet
Maximum height, within 10 feet of property line	12 feet
Maximum height, more than 10 feet of property line	20 feet

An accessory building attached to the principal building shall be considered an integral part thereof and shall be subject to front, side and rear yard requirements applicable to the principal building.

Campers. See § 190-35.

§ 190-31.1 Keeping of chickens.

[Added 12-11-2018 by Ord. No. O-18-019]

Purpose. It is the intent of this section to allow for the keeping of domestic female chickens on a lot for the sole use and enjoyment of the residents of the lot on which such chickens are kept, while at the same time preserving the quality of life of the surrounding neighborhood by not allowing chickens to be kept in a number or in a manner that could create a nuisance.

Applicability. This section applies to chickens as defined in § 190-264. This section does not apply to R-40 and R-30 zoning districts.

Standards.

Chickens shall be kept in accordance with all applicable City ordinances and regulations, and state laws, including but not limited to RSA 644:8, Cruelty to Animals.

Up to six adult chickens may be kept on a lot. Only female chickens are allowed to be kept. Adult male or crowing male chickens (roosters) are prohibited.

The keeping of chickens shall be accessory to and on the premises of a single-family or two-family detached dwelling in an accessory structure or coop and shall be for personal use only.

No person shall sell eggs or engage in chicken breeding or any commercial activity related to the keeping of chickens.

Chickens shall not be permitted to roam free. Chickens shall be secured in a coop during nondaylight hours.

A coop must be provided for the chickens. A coop is a roofed structure enclosed on all sides which protects the chickens from the weather, rodents and wild and domestic animals. Coops must meet the following standards:

The coop must have a minimum of three square feet of floor space per chicken if a run is provided. A minimum of 10 square feet of floor space per chicken in the coop is required if no run is provided. Each chicken must have a total available ground space (including coop and run, if any) of at least 10 square feet per chicken.

The coop must provide roosting space off the floor of one foot of roost space per chicken.

The coop must provide adequate ventilation, be kept in a neat and sanitary condition at all times, and in a manner that will not disturb neighboring lots due to noise, odor or other adverse impact.

The maximum height for a coop is eight feet measuring from the ground to the top of the structure.

The materials used in building the coop shall be uniform for each element of the structure.

An enclosed run is permitted. A run is a fenced area outside the coop. An enclosed run is completely bound on all sides, including overhead, by a fence, cage or wire. An enclosed run must be attached to the coop. The maximum height for an enclosed run is eight feet measuring from the ground to the top of the structure. A run shall be kept in a neat and sanitary condition at all times, and in a manner that will not disturb neighboring lots due to noise, odor or other adverse impact.

The coop and any run must be located in side or rear yards and cannot be located within 20 feet of a property line.

All feed supplies must be kept in rodent-proof containers.

All stored manure shall be covered by a fully enclosed structure or container. No more than three cubic feet of manure shall be stored.

All manure not used for composting or fertilizing, waste material (including but not limited to spent feed, litter, and waste eggs) and dead chickens shall be properly and promptly removed from the property.

§ 190-32 Accessory dwelling units.

[Amended 8-8-2017 by Ord. No. O-17-036]

Applicability. This section applies to any accessory dwelling unit.

Standards.

The accessory dwelling unit shall be clearly incidental and subordinate in extent, use, and purpose to the primary structure and does not exceed 750 square feet.

The accessory dwelling unit shall be the only accessory dwelling unit within or on the same lot as the single-family dwelling.

The accessory dwelling unit shall not alter the single-family character or appearance of the single-family dwelling or its conformity with the character of the neighborhood.

No new entrance or exit to an accessory dwelling unit shall be constructed on the front or frontage side of the single-family dwelling.

No new curb cut from the street shall be constructed.

The exterior design of the accessory dwelling unit shall be compatible with the single-family dwelling through architectural use of building forms, scale and construction materials.

(Reserved)

The owner of the property must occupy either the primary or accessory dwelling unit as the owner's principal place of residence.

[Amended 5-22-2018 by Ord. No. O-18-013]

The owner of the property shall provide the City of Nashua with a covenant for filing with the Hillsborough County registry of deeds, along with the appropriate filing fees. The covenant shall read substantially as follows:

"_____of _____ covenants and agrees that the property located at _____ contains an accessory dwelling as defined by the City of Nashua Land Use Code (§ 190-264 of Article XLII). That use of the property is permitted as a special exception granted by the Zoning Board of Adjustment on __________, _____. The continued use of the accessory dwelling unit is conditioned upon compliance with all current and subsequently adopted ordinances and statutes applicable to the property."

The granting of a certificate of occupancy of the accessory dwelling unit shall be contingent upon receipt of the covenant and fees.

One additional off-street parking space is required above the minimum standard for a single-family house.

An interior door shall be provided between the primary dwelling unit and the accessory dwelling unit.

The single-family dwelling and the accessory dwelling unit shall not be separated in ownership (including by condominium ownership).

Accessory dwelling units shall only be associated with single-family detached dwellings and shall not be associated with manufactured housing as defined in RSA 674:31.

§ 190-33 Attached dwellings.

Purpose: The purpose of this section is to provide reasonable, pedestrian-friendly design standards that accommodate a variety of housing types while protecting surrounding neighborhoods. This section implements the Housing Element of the Master Plan.

Multifamily development.

Purpose: The purpose of this section is to provide reasonable design standards for multifamily residential developments that:
•	Provide design flexibility;
•	Accommodate affordable housing for current and future residents of the county;
•	Protect the health, safety and general welfare of the general public and occupants of the units;
•	Protect the property values of surrounding dwelling units;
•	Promote a pedestrian-friendly, walkable streetscape; and
•	Provide for aesthetically pleasing development patterns.

This section applies to multifamily dwelling units as permitted by the Use Matrix (§ 190-15, Table 15-1 of this chapter).

For developments over 10 acres, common open space areas shall be required in accordance with the parks and open space standards (Article XXIX) of this chapter. The Planning Board may waive up to 50% of the open space requirement if all units within the development are located within 1,000 feet of a public park as measured along a public sidewalk, trail or bikeway. The open space requirements of this section shall not apply to multifamily residential developments which are second-floor units above first-floor commercial development, or to any residential developments in the D Zoning District that are located above the first floor. Open space provided pursuant to this requirement shall be accessible to all residents of the development and shall measure at least 30 feet across its narrowest dimension.

Sidewalks or pedestrian walkways shall be constructed within the interior of the development to link residential buildings with other destinations such as, but not limited to, parking, adjoining streets, mailboxes, trash disposal, adjoining sidewalks or greenways and on-site amenities such as recreation areas. These interior sidewalks or pedestrian walkways shall be constructed in accordance with the standards for sidewalks as set forth in § 190-212 of this chapter. Sidewalks, in combination with curbs, shall be required adjacent to all public streets that provide access to the development. Such improvements may be subject to road widening and other related improvements.

All utility lines shall be located underground.

Room renting. Room renting, where permitted by the Use Matrix (§ 190-15, Table 15-1), shall comply with the following:

No more than four roomers are permitted per dwelling unit; and

Parking areas shall be located only within the rear yard and outside of any required setback. Parking areas shall not exceed 50% of the rear yard.

§ 190-34 Bed-and-breakfast.

The purpose of this section is to regulate bed-and-breakfast establishments within the City. Such establishments as specified by zoning district are subject to the conditions of this section.

The individual or family who operated the bed-and-breakfast facility must occupy the house as their primary residence.

The maximum number of permitted guest rooms per bed-and-breakfast establishment within each zoning district shall be as indicated in the following table. Any bed-and-breakfast establishment with more than 12 guests rooms shall be considered a hotel and shall comply with the zoning provisions for such uses.

	Table 34-1 Bed-and-Breakfast Guest Rooms
	Zoning District	Number of Guest Rooms
	R-A, R-B, R-C*	3
	LB, GB	10
	D	12

Up to 7 additional guest rooms may be permitted in the R-C District by special exception.

No signs are permitted within residential districts except for a nameplate not exceeding one square foot in size and consisting of the name of the establishment only. This nameplate may be attached to the building, gatepost, gate, or other permanent fixture to allow visibility from the street.

One off-street parking space per guest room shall be provided in addition to the required off-street parking for the owner/operator. Tandem parking is allowed. However, except for the driveway, the front yard shall not be used for parking.

Food services and alcohol may only be provided to overnight guests of a bed-and-breakfast facility pursuant to applicable state and county regulations.

§ 190-35 Campers.

For the location of a recreational vehicle or camper on a lot in a residential district, the following requirements apply:

Storage. A camper owned by a property owner or lessee may be stored or parked on the premises of the owner or lessee during periods of nonuse in any residential district, providing the camper remains mobile. A camper not registered to operate on public highways must be located so as to comply with the minimum setbacks for a structure situated in the zoning district where the camper is located.

Guest stationing. Any property owner or lessee in any residential district may accommodate one camper of a nonpaying guest for a period not to exceed 30 days in any one calendar year, provided that:

Notification of guest stationing is furnished to the Administrative Officer within 72 hours after arrival of the camper. Such notification may be given orally or in writing, and the Building Department Manager shall then enter it upon his records and shall issue a permit.

No water or sanitary facilities within the camper shall be used unless connected with a disposal system approved by the Health Officer and the Plumbing Inspector, both of whom shall give written approval thereto.

§ 190-36 Child day-care facilities.

All child care facilities shall comply with the requirements of this section as well as the provisions of RSA 170-E, Child Day Care, Residential Care, and Child-Placing Agencies.

A child day-care facility as a principal use is subject to the following standards:

All child day-care facilities shall be located on lots that have direct access to and from a collector or arterial street, or access to a street which shall be physically improved in order to fulfill the function and meet the standards of a collector street;

Outdoor activity areas for child day-care facilities shall be enclosed by fences and shall not be located in the front yard of a residential district. Where the lot is located within or adjacent to a residential district, the enclosure shall be a solid fence made of wood or other suitable material not more than six feet in height which shall be erected and maintained in good condition around the outdoor activity area.

Child day-care facilities located within a dwelling unit and providing care for more than three children are subject to the following standards and requirements:

The child day-care facility shall be subordinate to a single-family detached dwelling; and

The maximum capacity of a child day-care facility shall be 12 children; and

A child day-care facility providing care for six or more children shall be located on a lot that conforms to the minimum dimensional standards for the applicable zoning district established in § 190-16, Dimensional regulations, of this chapter;

There is on-site parking for the principal residential use;

Outdoor activity areas for child day-care facilities shall not be located in the front yard and shall be enclosed by a solid fence made of wood or other suitable material not less than six feet in height which shall be erected and maintained in good condition around the outdoor activity area; and

No signs shall be permitted except for a nameplate not exceeding one square foot in size and attached flat to the main structure.

Child day-care facilities accessory to a principal nonresidential use are subject to the following standards and requirements:

Where the child day-care facility is located in a separate building more than 500 feet from the building in which the principal nonresidential use is located parking shall be provided in addition to the parking required for the principal nonresidential use; and

Outdoor activity areas for child day-care facilities shall be enclosed by fences. Where the facility is located within or adjacent to a residential district, the outdoor activity area shall be enclosed by a solid fence made of wood or other suitable material not less than six feet in height which shall be erected and maintained in good condition around the outdoor activity area.

Outdoor play for any child day-care facility located within any residential district is restricted to the hours of 9:00 a.m. to 6:00 p.m.

§ 190-37 Churches, synagogues, and places of religious worship; and community centers.

Applicability. This section applies to any churches, synagogues, parish houses, Sunday school buildings, convents and similar uses and their customary uses including child care on the premises during worship services, as defined in the Use Matrix (§ 190-15, Table 15-1).

Standards. Churches shall comply with all of the dimensional standards for the applicable zoning district, provided that:

Within any R-40, R-30, R-18, R-9, R-A, or R-B Zoning District, the maximum height shall be 36 feet or three stories, subject to any height exemptions prescribed in § 190-16I; and

Within any residential zoning district, no off-street parking shall be located within the front yard.

§ 190-38 Communications towers and antennae.

Purpose and findings: In order to accommodate the communication needs of residents and businesses while protecting the public safety and general welfare of the community, the City finds that these regulations are necessary in order to:
•	Facilitate the provision of wireless telecommunication services to the residents and businesses of the City;
•	Minimize adverse visual effects of communications towers and antennas through careful design and siting standards;
•	Minimize economic impacts on adjacent property values;
•	Avoid potential damage to adjacent properties from tower failure through setback requirements; and
•	Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.

City-wide tower and antenna location plan. A City-wide tower and antenna location plan for all communications towers and antennas anticipated by the applicant must be submitted by the applicant prior to or at the time of the application to the Planning Board. The planning staff shall review the proposed plan to ensure its consistency with this subsection and the purpose statement recited above. Said plan shall then be forwarded to the Planning Board with a recommendation from the staff. Upon approval of the Planning Board, all antennas shall be installed consistent with said plan. Any amendment to the plan shall be reviewed by the planning staff for consistency with the original plan, including but not limited to such factors as number, type, and location of antennas, and forwarded to the Planning Board with any future requests for exceptions based on the plan, along with the recommendation of the staff regarding the amendment to the plan.

[Amended 8-9-2011 by Ord. No. O-10-44]

Standards. No special exception application shall be approved by the Zoning Board of Adjustment unless the communications tower complies with the criteria established in Subsections C through L of this section. The Zoning Board of Adjustment may waive the requirements of Subsections C (location) and E (height) to the extent necessary to resolve any gap in service where required by the Federal Telecommunications Act of 1996. The Administrative Officer shall provide notification as required by RSA 12-K:7(I).

[Amended 8-9-2011 by Ord. No. O-10-44]

Tower locations.

New freestanding communications towers shall not be located closer than one mile from any existing or approved communications tower.

All communications towers must be located the greater of 400 feet from all lot lines or the towers' height from all lot lines of abutting residential properties.

[Amended 8-9-2011 by Ord. No. O-10-44]

In all cases, communications towers must meet the minimum setback requirements of the underlying zoning district.

Only one communications tower is permitted on any one residentially zoned parcel.

The Planning Board shall find that a complete assessment of locations in order of priority has been undertaken and completed, and that higher priority uses are exhausted or unfeasible. All communications towers erected, constructed, located, replaced, altered, or extended within the City shall comply with the following requirements:

Communications towers and antennas shall be located using the following priority:

On existing buildings;

On other existing structures, including but not limited to water tanks and utility transmission poles;

On existing communications towers;

On new structures under 50 feet; and

On new communications towers.

Any proposed communications tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is less than 100 feet in height. All users are to be charged industry standard rates on a competitively neutral and nondiscriminatory basis. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

Design. Where reasonably practicable, all proposed or modified towers and antennas shall be designed to blend into the surrounding environment the use of color and camouflaging architectural treatments, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. The Planning Board may require such architectural treatments or other design techniques as it deems necessary in order to meet the provisions of this subsection.

Height. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower shall be used in determining compliance with the tower location requirements set forth in Subsection C above.

[Amended 8-9-2011 by Ord. No. O-10-44]

Lighting. No communications tower or antenna shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, or other illuminating devices, except as required by the Federal Aviation Agency or the Federal Communications Commission. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas or United States flags may be attached to the tower.

Signs and advertising. The use of any portion of a tower for signs or advertising purposes is prohibited, with the exception of the provisions of Subsection J below.

Communications tower safety. No communications tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. Every communications tower affixed to the ground shall be protected to prohibit climbing of the tower by unauthorized persons. At a minimum, the tower base and associated equipment shall be surrounded by a fence of a design agreeable to the zone and in keeping with the character of the site, of at least six feet in height if practicable.

Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by minimum Type B buffer as set forth in § 190-181B(b), except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

Antennas as an accessory use. Antennas are allowed as an accessory use on signs or their associated structural supports, lighting poles or other similar structures, provided that the structure otherwise conforms to the City Code, and that the nature of the structure is not substantially altered by the addition of the antenna, and that the antenna is mounted no more than 20 feet above the existing height of the structure.

Additional submittal requirements. In addition to the information required elsewhere in this chapter and regularly required by the Planning Board, and all other information deemed necessary to evaluate the request, development applications for towers shall include the supplemental information required by Article XLIII.

Abandoned or unused towers, portions of towers, or antennas. Abandoned or unused towers, portions of towers, or antennas shall be removed as follows:

All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Administrative Officer. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the commercial wireless telecommunications service or the property owner.

All owners of commercial wireless telecommunication towers shall obtain and maintain a bond, with limits of $10,000 per tower to cover the cost of removal of abandoned, unused towers or portions of towers. A bond certificate shall be submitted to the City of Nashua 30 days before final approval to erect the tower. The amount of said bond shall be reviewed by the planning staff every five years to ensure the amount of the security is adequate and may be increased if necessary.

§ 190-39 Commercial retrofit or "Greyfield" redevelopment.

This section encourages the redevelopment of existing shopping centers, big-box retail sites, and other sites characterized by large expanses of surface parking into a development pattern that is pedestrian friendly, compatible with surrounding development, provides a visually attractive site design, and which reduces reliance on the automobile for vehicular trips.
This section implements the following Master Plan recommendations:
•	Encourage and support businesses that reduce employee and product-related vehicle trips.
•	Encourage and support businesses that are working to reduce dependence on fossil fuels and other nonrenewable resources.

Applicability. Existing parking lots adjoining the frontage of any site located within the GB, HB, PI, or GI Zoning Districts may be replaced with buildings.

Size and location of site. No minimum parcel size is required.

Uses and density. Development may consist of the following activities:

The construction of additional buildings between a collector street right-of-way and the existing buildings (hereinafter "additional buildings"). The facades of the additional buildings which face the public right-of-way and the existing buildings on the lot, tract or parcel shall conform to the building design standards for the D-1 Downtown District (§ 190-20).

Apartments may be placed above new or existing office or retail uses. The height of buildings adding aboveground apartments shall not exceed that designated in Table 39-1 below.

Table 39-1 Commercial Retrofit Mixed Use Height Limits
Zoning District	Existing Number of Stories	Additional Stories of Apartment Use Permitted
LB	1	2
	2	1
	3 or more	0
GB	1	2
	2	2
	3 or more	1
HB	1	2
	2	3
	3 or more	3
PI, GI	1	3
	2	3
	3	3
	4	3
	5 or more	3
Other districts	1	2
	2	2
	3 or more	2

Adequate public facilities. The adequate public facilities standards (Article XXIII) shall not apply to a commercial retrofit.

Site design. The additional buildings shall have a facade oriented to the principal buildings and a facade facing the frontage line. The facades facing the principal buildings shall conform to the building design standards for the D-1 Downtown District (§ 190-20).

Open space and parks. A commercial retrofit is not subject to the open space, parks, recreation and civic space standards of this chapter (Article XXIX); provided, however, that a commercial retrofit may provide plazas, courtyards, or forecourts.

Conservation regulations. A commercial retrofit is not subject to the conservation regulations of this chapter (Article XXV).

Parking.

Parking areas shall adjoin buildings to the rear. Parking areas shall not adjoin buildings at the front or the primary entryway. Additional parking may be placed to the rear of the principal buildings so long as the number of spaces for the entire site do not exceed the maximum parking requirements of this chapter (Article XXVIII, § 190-198, Table 198-1).

Parking areas may be connected to rear parking lots on adjoining properties in order to allow customers to drive to other locations without reentering the major street network and adding to traffic volumes.

Service entrances and service yards shall be located only in the rear or side yard.

Not more than four rows of parking may be placed between the existing buildings and any buildings constructed between the existing buildings and the street right-of-way pursuant to this subsection.

§ 190-40 Conservation subdivisions.

This option provides flexibility in site design in order to allow developers to preserve common open space and natural resources. The specific purposes of this section are:
•	To protect the public health, safety and general welfare by avoiding surface and groundwater pollution, contaminated runoff, air quality contamination, and urban heat islands which result from pavement and the clearing of natural vegetation.
•	To protect and preserve natural resources such as wetlands, streams, lakes, steep slopes, woodlands, and water recharge areas.
•	To reduce infrastructure and housing costs by reducing the engineering and construction costs produced by conventional subdivision design, which requires more pavement, wetland crossings, grading of trees and natural areas, and maintenance from lawn and landscaping maintenance.
•	To protect property values by allowing open space design features which enhance the marketability of development.
•	To provide design flexibility.
•	To promote development on soils which are most suitable for urban densities, while preserving soils that are primarily adaptable to other uses such as woodlands, wildlife habitat, and agricultural uses.

This section implements the following Master Plan recommendations:
•	Encourage the protection of wildlife habitats through improved land use regulations, . . . and the setting aside of such land in cluster developments and planned residential developments (PRDs) [Conservation Element].
•	Ensure that an adequate amount of open space is set aside for the enjoyment of citizens, as a relief from the built environment, and as wildlife habitat (Conservation Element).
•	Encourage the use of the cluster and PRD styles of subdivision development, to enable greater amounts of open space in subdivisions (Conservation Element).
•	Amend the cluster and PRD sections of the Nashua Zoning Ordinance to increase the amount of open space required to be set aside and decrease the amount of wetlands that can qualify towards the total open space area (Conservation Element).
•	Require developers to set aside adequate amounts of accessible and usable recreational land within subdivisions and on large nonresidential tracts, where advisable, through the subdivision and site plan approval processes (Conservation Element).

Applicability. A conservation subdivision is permitted in any residential zoning district.

Size and location of site. There is no minimum or maximum size for a conservation subdivision; provided, however, that the minimum open space requirements may limit the availability of this option for some sites.

Uses and density.

Permitted uses are governed by the applicable zoning district regulations.

The minimum lot size requirements of the zoning district (Article III, § 190-16) shall not apply to a conservation subdivision. However, a conservation subdivision shall not exceed the maximum density permitted by § 190-16, Table 16-3 (Dimensional Matrix). [Note: See example below.]

In order to provide undivided open space for direct views and access, at least 40% of the lots within a conservation subdivision shall abut a conservation area.

Direct pedestrian access to the open space from lots not adjoining the open space shall be provided through a continuous system of sidewalks and trails.

Additional dwelling unit density may be obtained if the incentive(s) described in Table 40-1 are fully satisfied.

Conservation subdivisions may contain more than one principal structure on a lot.

[Added 3-9-2021 by Ord. No. O-21-049]

Comment: An example of how densities are computed for a conservation subdivision is as follows:

Assume that a parcel is 100 acres and located in the R-40 District. This district permits a maximum density of 1.0 dwelling units per acre for conservation subdivisions. The gross acreage is used to compute density. Total permitted dwelling units are 100 (100 gross acres x 1 = 100 dwelling units).

For conventional subdivisions, a minimum lot size of 40,000 square feet applies. Assuming that 20% of the tract is used for streets, utility easements, or other nondevelopable land, total dwelling units (lot yield) is 80 acres in streets, etc., +40,000 = 87 lots.

Table 40-1 Conservation Subdivision Bonus Density
(A) Incentive	(B) Bonus Units (per acre) for Tracts Not Exceeding 10 Acres
An existing natural landscape buffer, which shall be supplemented by additional planting where natural vegetation is sparse or nonexistent, at least 200 feet in depth along existing public rights-of-way (excluding existing structures which are to be incorporated into the proposed project) and 100 feet along all project property lines, whose purpose is to provide a natural visual screen between the proposed development and adjacent property and public roads.	0.25
Providing 250 square feet per unit or more of developed active recreation facilities such as swimming pools, tennis courts, basketball courts, play lots and ball fields.	0.15
When recommended by the Planning Board, and confirmed by the Board of Aldermen, a dedication and/or development of land for a public community facility (excluding water or sewer improvements or roads) which is necessary to serve the general area or district in which the development is located, and/or providing 250 square feet per unit or more of developed active recreation facilities as described above. Such recreation facilities shall be dedicated for public use; shall be consistent with the goals of the City recreation plan; shall be reviewed by the City's Parks and Recreation Director prior to submittal of the plan to the Planning Board and Board of Aldermen. Any dedications secured under this paragraph may be permitted within the required fifty-foot or one-hundred-foot buffer area.	0.10 to 0.25 units per acre, depending upon the quantity and quality of the dedicated facilities as determined by the Planning Board
Privately operated day nursery or kindergarten facilities providing care for 12 or more resident or nonresident children contained within a freestanding structure (except if associated with a multiple-tenant commercial structure) may be approved by the Planning Board. Such facilities shall be compatible with surrounding land uses and designed in a manner which permits safe and convenient vehicular access and egress. In addition, day nursery or kindergarten facilities shall be subject to the approval and periodic inspection of the City Community Services Division.	0.25

Site design.

A conservation subdivision shall comply with Article XXV of this chapter, except as otherwise provided herein.

Lots within a conservation subdivision are not subject to the minimum frontage or minimum lot width requirements of the Dimensional Matrix (Article III, § 190-16, Table 16-3).

Lots within 100 feet of a conservation area shall front on a conservation access street. Lots shall not front on a collector or higher order street.

Street design and transportation.

A conservation subdivision shall comply with Article XXV of this chapter, unless otherwise provided, and the provisions of this subsection.

The design of local streets shall comply with the standards for geometric design, as set forth in § 190-208.

The conservation subdivision shall include a pedestrian circulation system that connects sidewalks with other sidewalks or with trails, which in turn connects to potential areas qualifying as conservation areas on adjoining undeveloped parcels or with existing open space on adjoining developed parcels, where applicable.

Streets shall not cross existing slopes exceeding 25%.

Open space and parks.

The open space and parks standards relating to maintenance (§ 190-205) shall apply to a conservation subdivision. No other requirements of the open space and parks standards (Article XXIX) apply to a conservation subdivision.

A minimum of 40% of the gross land area (GLA) shall be designated as conservation areas. The areas designated in Table 40-2 shall be designated as conservation areas. For purposes of computing the percent of GLA within a conservation area, the areas designated in Column A of Table 40-2 shall be multiplied by the function value factor in Column B of Table 40-2.

Stormwater management ponds or basins may be included as part of a conservation area, as may land within the rights-of-way for underground pipelines. However, land within the rights-of-way of high-tension power lines shall not be included as comprising part of a conservation area.

Conservation areas shall abut existing open space land on adjacent parcels, including the open space located in other subdivisions, public parks, or properties owned by or subject to easement in favor of private land conservation organizations.

No conservation area shall be cleared, graded, filled, or subject to construction; provided, however, that rights-of-way for trails (see street design and transportation standards); any streets needed to provide access to the proposed subdivision; and water, sewer, electric, or cable lines may be cleared. The width of rights-of-way for streets or trails shall be restricted to the minimum as designated in the street design and transportation standards (Article XXX).

Not more than 50% of the wetlands on the site shall be designated as a conservation area.

	Table 40-2 Conservation Subdivision Open Space
	(A)	(B)
	Area	Function Value Factor
	Wetlands	0.5
	Woodlands	1.5
	Sensitive aquifer recharge features	0.5
	All of the floodway and flood fringe within the 100-year floodplain, as shown on official FEMA maps	0.5
	All areas within 100 feet of the edge of the 100-year floodplain as delineated on the FEMA maps and any Letter of Map Revision	1.0
	All areas within 100 feet of the banks of any stream shown as a blue line on the USGS 1:24,000 (7.5 minute) scale topographic maps for the City of Nashua	1.0
	Steep slopes (i.e., slopes exceeding 25%)	0.5
	Soils subject to slumping, as indicated on the medium-intensity maps contained in the county soil survey published by the USDA Natural Resources Conservation Service	0.5
	Significant wildlife habitat areas	1.0
	Areas with highly permeable ("excessively drained") soil	0.5
	Historic, archaeological or cultural features listed (or eligible to be listed) on national, state or county registers or inventories	1.0
	Scenic views into the property from existing public roads	1.0

Parking. In order to encourage design flexibility, to preserve open space, and to minimize impervious surfaces, a conservation subdivision is not subject to the minimum parking requirements of the parking standards (Article XXVIII) of this chapter. A conservation subdivision is subject to the maximum parking requirements of the parking standards of this chapter.

§ 190-41 Drive-through or drive-in uses.

Purpose: This section minimizes the negative impact that nonresidential uses with drive-through windows create because of the potential additional traffic hazards from vehicles entering and exiting and/or waiting to patronize the facility.

Applicability. This section applies to any lot or parcel that contains a drive-through facility or any building or structure that has an attached drive-through facility. A "drive-through facility" means any window or similar location at which food, merchandise, or services are delivered to a customer while located in a motor vehicle. A drive-through facility may consist of driveway lanes, an ordering station, and a drive-through pickup window.

Ingress and egress geometry.

Individual driveway lanes that are less than 12 feet wide shall exit at least 85 feet from any other driveway.

Stacking lanes for the drive-through facilities shall be at least 10 feet wide.

The need for a bypass lane shall be determined at the time of site plan review. If required, the bypass lane shall be at least nine feet wide.

Minimum distance for on-site stacking of automobiles (measured from the center line of the pickup window) shall conform to Table 41-1 below. The stacking distance is measured from the edge of the public right-of-way or, if there is a sidewalk in the right-of-way, the interior edge of the sidewalk, to the edge of the drive-in pickup window or ordering station, whichever is closest. [See Subsection B(8) below.]

	Table 41-1 Drive-Through Stacking Distances
	Number of Drive-Through Lanes	Stacking Distance (feet)
	1	160
	2	140
	3	120
	4	100
	5	80

Where no turns in the drive-through lane are required, the minimum distance to the drive-through exit from the center line of the pickup window shall be 60 feet.

Where turns in the drive-through lane are required, the minimum distance to the beginning of the turn from the center line of the pickup window shall be 40 feet with a minimum turning radius of 17 feet.

Stacking lanes shall not conflict with parking space access.

Stacking lanes shall not cross pedestrian accessways. For purposes of this subsection, a "pedestrian accessway" means a sidewalk or other passageway designed to provide access for pedestrians from parking areas or the public right-of-way. Driveways leading to stacking lanes may cross a public sidewalk, but the area within the public right-of-way up to the edge of the sidewalk is not counted as part of the stacking lane distance required in Subsection B(3) above.

The entrance into the drive-through lanes shall not conflict with general access to the site.

Compatibility standards.

The minimum distance from a drive-through lane to any residential zoning district shall be 30 feet as measured at the narrowest point between the residential district boundary to the closest point of the drive-through lane.

Alleys or driveways in residential zoning district adjacent to drive-through facilities shall not be used for circulation of customer traffic.

§ 190-41.1 Drug replacement therapy facilities.

[Added 4-13-2010 by Ord. No. O-10-13]

Applicability. This section applies to any new or expanded drug replacement therapy facility, as defined in § 190-264, whether sited in a new or existing building.

Location. Drug replacement therapy facilities are permitted as a conditional use in the General Business (GB) and Highway Business (HB) Zone Districts. (See § 190-15, Table 15-1.) Notwithstanding Table 15-1, no drug replacement therapy facility shall be located within 1,000 feet of another such facility, nor within 1,000 feet of any residence, day-care facility, school, college, park, or playground.

Standards.

Any new or expanded drug replacement therapy facility requires site plan and conditional use permit approval by the Nashua Planning Board.

A facility management plan shall be submitted to the Planning Board with the site plan. The management plan shall, at a minimum, describe the population to be served and number of clients, the services to be provided, and methods of treatment, including the identification of controlled substances to be kept on site. The plan shall also address staffing requirements, hours of operation, and security provisions to prevent the theft or misuse of controlled substances. Copies of all other licenses and permits required shall be included with the plan.

The applicant must demonstrate to the Planning Board that the property is adequate to accommodate the patient load, including providing sufficient interior space to avoid patient queuing on sidewalks, in parking areas, and in other areas outside of the facility.

Hours of operation of the facility shall commence no earlier that 7:00 a.m. and end no later than 6:00 p.m.

The facility shall offer outpatient services only. No beds or any form of overnight accommodations are permitted.

Outdoor advertising shall be limited to one sign with an area no greater than 12 square feet.

§ 190-42 Housing for older persons.

[Amended 2-27-2007 by Ord. No. O-06-52; 3-21-2017 by Ord. No. O-16-020]

Purpose: To recognize that housing for older persons provides for the diverse and special needs of this group, including the needs for meeting/function rooms and recreational facilities, and attempt to foster development of housing alternatives for older persons with the basic supportive facilities and services.

	•	The development of housing for older persons may allow residents the opportunity to enjoy the rights and privileges of ownership and maintenance of private property within the City of Nashua.
	•	It is a community goal to promote development of housing for older persons that provides facilities and service offerings typically demanded by this group, and it is also a goal to promote proximity of such development to support services (shopping, medical services, transportation, etc.) necessary to meet the needs of these residents.
	•	Housing developed in this section must be established and maintained in compliance with all applicable state and federal laws with respect to such housing and/or medical care, including the Fair Housing Act, as amended, 42 U.S.C. § 3601 et seq., NH and RSA 354-a:15.
	•	Pursuant to RSA 354-a:15, II and III, it is recognized that prohibitions against housing discrimination do not apply to housing for older persons, which conforms to all applicable rules and regulations.
	•	The intent is to foster development of housing for older persons while detailing local planning standards and promoting consistency with land use policies in the Master Plan and the land use laws and regulations.
	•	The intent is to regulate the intensity and mix of the different types of dwelling units required to meet the needs of these citizens so as to provide ample outdoor and livable space and to retain a sense of personal identity intimacy and human scale within the development.
	•	The intent is to review the bulk, height, and spacing of buildings and the traffic circulation and parking pattern within the development to ensure that the adequate light, air, privacy landscaping, and open space for passive and active recreation are provided with the development.
The City of Nashua finds, determines and declares that:
	•	There is a recognized need within the City for suitable and appropriate housing for older persons.
	•	Older persons are exclusively people age 55 and older.
	•	According to Demographic Element of the Master Plan, the number and proportion of persons 55 years or older will increase significantly during the next several decades, thereby creating an increased demand for elderly housing.
	•	Housing for older persons can be developed to provide housing opportunities for this group and at the same time not detract from the low-density settlement patterns defined by significant open space and a rural community character described in the Master Plan.
	•	It is recognized that exclusive zoning for persons 55 or older promotes the general health and welfare.
This section implements the following Master Plan recommendation:
	•	Due to the likely increase in demand for elderly housing, both for independent living and managed care facilities, it is recommended that the Zoning Ordinance be examined and revised, if necessary, to ensure that adequate opportunities to develop elderly housing are available. This is especially important given the projected increase in the senior population over the next 10 to 20 years.

Applicability. For purposes of this section, "housing for older person" means housing that complies with the provisions of RSA 354-a:15 (Housing for Older Persons).

Where permitted.

Housing for older persons that contains duplex or multifamily dwellings is permitted as of right in the D-1, D-3, R-A, R-B or R-C and R-9 Zoning Districts and by conditional use permits in the GB and HB Zoning Districts subject to the requirements of this section. Housing for older persons in the form of single-family detached dwellings is permitted in the R-40, R-30, R-18, R-9, R-A, R-B and R-C Zoning Districts.

The provisions of this division shall apply only to applications consisting of dwelling units of less than 1,000 square feet each.

The provisions of this division shall apply only to projects consisting of more than 30 units in the case of new development and more than 10 units in the case of redevelopment of sites containing or most recently containing nonresidental uses which have not received a site or subdivision plan approval in the previous five years.

Any project approved under the provisions of this division shall include common area of not less than 25 square feet per dwelling unit and shall include space which is devoted to providing common services for residents.

Housing for older persons developments may contain more than one principal structure on a lot.

Standards. Applications subject to this section shall conform to the following standards:

Permits and phasing. The Planning Board shall approve a site plan if it complies with the standards established below. A building permit shall be obtained for each dwelling unit and each accessory use.

Compliance.

At the time an application is submitted to the Planning Board for site approval for housing for older persons, the applicant shall demonstrate how the proposed development will comply with the applicable provisions of this § 190-42, RSA 354-a:15 and all applicable rules and regulations established by the New Hampshire Human Rights Commission, for age discrimination in housing, if any.

In order to qualify as housing for person 55 years or older under RSA 354-a:15, IV, and obtain the density allowance set forth in Table 42-2 below, the proposed development shall provide (directly or indirectly) significant facilities and services to the extent required in § 190-42C(3) below. Such significant facilities and services include, but are not limited to, the following:

Programs designed to provide a social life for residents;

Continuing education programs of interest to residents;

Information and counseling services;

Recreational programs;

Homemaker services;

Services designed to assist residents with the maintenance and upkeep of building and grounds;

An accessible physical environment;

Emergency and preventive health care programs;

Congregate dining facilities;

Transportation to facilitate access to social services;

Referral services; and

Services designed to encourage and assist residents to use the services and facilities available to them.

If significant facilities and services are so required (for housing for persons 55 years or older), then the governing body of the particular housing for persons 55 years or older community (e.g., a homeowners' association), directly or indirectly, shall provide at least half of the facilities and services itemized above or such other qualifying significant facilities and services as approved by the Planning Board.

Dwelling unit density. The proposed development shall conform to the density established in Table 42-2 below. A density bonus may also be granted for proposed developments that also conform to § 190-48 (inclusionary zoning).

Table 42-2
Elderly Housing Density dwelling units per acre
Zoning District	Single-Family	Duplex	Multifamily
R-40	2	0	0
R-30	3	0	0
R-18	5	0	0
R-9	6	8	8
R-A	8	8	8
R-B	8	8	12
R-C	8	8	12
D-1, D-3	0	0	40
HB	0	8	12
GB	0	8	12

Pedestrian traffic. The use of interconnecting walkways, trails and natural walking paths shall be an integral part of the design of any development to facilitate access between common areas, groups of dwelling units and open space areas. Easements shall be requested where trails or potential trails on abutting lands may allow for a local connection. Appropriate timing and restrictions may apply. Primary walkways and sidewalks shall meet Americans With Disabilities Act (ADA) requirements. Trails and natural walking paths are exempt from this requirement, but the Board encourages maximizing accessibility to residents.

Building design. Architectural renderings of a typical unit and all accessory buildings shall be provided which the Planning Board will evaluate in accordance with the site plan regulations to confirm that proposed development is an appropriate massing and scale of building, in accordance with the underlying zoning district, and will not materially adversely affect abutting properties' access to adequate light.

Other site conditions. In reviewing an application for subdivision or site plan approval for a proposed housing for older persons development, the Planning Board shall also take into consideration the nature of the subject property, including its geographic and topographic conditions, and the proposed development's impact on the topography, slopes, wetlands, viewsheds and surrounding neighborhood to avoid any material adverse impacts thereto.

Safety issues. The following requirements may be amended at the discretion of the Planning Board prior to final approval:

Each unit shall have address numbering of contrasting color to the structure, a minimum of six inches in size, and visible from the street and/or driveway.

In the case of shared driveways, a permanent marker (preferably granite) shall be visible from the street and shall depict, by diagram, the location and the number of each dwelling unit. Additional markers shall be placed at any split in the shared portion, shall be a minimum of 16 feet in width, a maximum grade of 9%, designed to allow safe access and support the weight of emergency vehicles. Shared driveway designs are subject to Board approval.

§ 190-43 Extractive industries.

See Part 5, Excavation Regulations.

§ 190-44 Fences.

Wall, fence or similar enclosures shall conform to the following:

In residential zoning districts, shall not exceed six feet in height or interfere with traffic circulation.

In nonresidential zoning districts, shall not interfere with traffic circulation (no height restriction).

Parcels directly adjacent to the Frederick E. Everett Turnpike, including exits and entrances, upon which there are residential uses, may construct boundary fences up to 14 feet in height on the lot line or lot lines, or portion(s) thereof, which directly adjoin the Turnpike. Such Turnpike boundary fences exceeding seven feet in height shall seek a building permit through the Department of Building Safety and can only be constructed upon issuance of said building permit and subject to its conditions, if any.

[Added 12-12-2023 by Ord. No. O-23-065]

§ 190-45 Gas stations/convenience stores.

Purpose: This section reconciles the interests of the City and residential neighborhoods relating to health and safety, traffic, property values and aesthetics, with the economic interests and public needs relating to gasoline stations. This section mediates these concerns by:
•	Varying spacing requirements for small gas stations, car-care centers, and convenience stores selling gas.
•	Applying design standards and signage regulations to canopies and pumps.

Location requirements. No property in the City shall be used for the sale of gasoline at retail unless it is located 750 feet or more from property line to property line of any other property used for the sale of gasoline at retail. Nothing in this section shall be construed to forbid the installation of one additional pump and appurtenant underground tank for the purpose of vending gasoline or diesel fuel on properties used for the sale of gasoline at retail at the time this section becomes effective.

Uses. The retail sale of gasoline shall be considered the principal use of the site. Uses contained within the principal structure may include the following uses:

Interior ATM machine.

Check cashing services.

Copying and fax services.

Money orders or money grams.

Pre-prepared/packaged food.

Accessory uses.

The accessory uses listed below may be combined with the principal uses pursuant to Table 45-1:

Table 45-1 Accessory Uses
	Number of Accessory Uses Permitted
Lot Area (square feet)	Lots Not Within 400 Feet of a Residential Zoning District	Lots Within 400 Feet of a Residential Zoning District
Less than 10,000	2	1
10,000 to 19,999	4	2
20,000 to 43,560	6	3
Greater than 43,560	8	4

However, not more than one of the following uses is permitted on the same lot or parcel to a gasoline or service station unless the applicant complies with the adequate public facilities standards (Article XXIII).

Car washes, if permitted or conditionally permitted by the respective zone, and subject to the specifications of § 190-45H below.

Auto repair, if permitted or conditionally permitted by the respective zone, and limited to the following activities:

Changing of engine oil and filters.

Lubrication of motor vehicle chassis.

The cleaning of component parts.

Brake adjustment and replacement.

Alignments.

The sale and installation of batteries and minor automotive accessories.

The sale, mounting and repair of tires.

The servicing of air conditioners.

The servicing of air pollution control devices.

The testing, adjustment and replacement of parts.

Towing operations.

Fast-food/deli counter services for made to order food.

Exterior standalone ATM machine(s).

Ticket outlet/distribution services for entertainment or sporting events.

Video games, arcades or video rental.

Drive-through window.

Mail/package pickup services.

Outdoor sales (in excess of 300 square feet).

Pumps.

Pumps shall be a minimum 20 feet from public right-of-way and from buildings.

Pumps shall be located a minimum of 50 feet from residentially zoned properties.

Pump islands shall be designed with a minimum of one vehicle stacking spaces behind vehicle parked at the pump closest to an exit and/or entrance driveway.

Canopies.

Canopies can be no higher than the district regulations for structures.

Fixtures shall be recessed into the canopy so that no glare is visible from the fixture.

Canopies are considered an accessory structure and are included in all calculations for site coverage.

No more than 18% of the site shall be covered by a canopy.

Circulation. The on-site circulation pattern shall include adequate driving space to maneuver vehicles around cars parked at the pumps, with adequate areas for the circulation of vehicles not involved in the purchase of fuel, including deliveries of gasoline and merchandise. The Planning Board may restrict delivery times depending on the site location, adjacent traffic volumes and property dimensions.

Driveways. The standards of § 190-209 shall apply except as follows:

The number of entrances shall not exceed two from any one street.

Driveway entrances shall be separated by the following minimum distances as measured along the street right-of-way line, but in no case less than 25 feet:

Local streets: two times the driveway width; and

Collector or arterial streets: three times the driveway width.

Driveways shall be located a minimum of five feet from the side lot line.

Automatic car wash.

One automatic car wash, capable of washing only one car at a time, is permitted on the lot or parcel in the building or structure in which car washing occurs, located 50 feet away from any residential zoning district.

All washing facilities shall be located within a building which is enclosed except those openings necessary for vehicular and pedestrian access. Car wash facilities within 200 feet of a residential building shall have doors on any openings to minimize noise.

Auto repairs. All auto maintenance lubes or other authorized or permitted repairs must be conducted wholly within a structure.

Service bays. Service bays shall be located at least 75 feet from the nearest property line. If the service bays face residentially zoned or occupied property, the Planning Board may restrict hours of operation.

Self-service vacuum stations. All self-service vacuum stations shall be located at least 30 feet from residentially zoned property.

Outdoor loudspeakers. Outdoor loudspeakers or public address systems designed to communicate with customers at pump islands shall not be audible beyond the property line of the lot or parcel.

Refuse storage and disposal. Trash areas shall be provided and screened on at least three sides from public view by an opaque impact-resistant fence of sufficient height to screen the dumpster(s).

Landscaping. The area between the public sidewalk and the private curbs defining the limits of the driveways and the parking areas on the site shall be landscaped consistent with § 190-185.

Perimeter wall. A minimum six-foot-high solid fence or wall with a minimum five-foot-wide landscaped strip along the full length of the wall and property line is required when the facility abuts any residentially zoned property. The landscaped strip shall comply with § 190-181, and is in lieu of any buffer required by that section.

Outdoor sales. In addition to the requirements in § 190-53, the outside display of merchandise is permitted only under a canopy, or if there is no canopy, on or between the pump island, or in an area immediately adjacent to the cashier's kiosk.

Stacking. Minimum distance for on-site stacking of automobiles (measured from the center line of the pickup window) shall be consistent with § 190-41 (drive through or drive in uses), Table 41-1.

Design. Architectural elevations of all buildings and structures for the convenience store and any accessory uses or secondary principal uses sharing the premises shall be submitted for review and approval by the Planning Board pursuant to Article XXIV of this chapter (building design). Where the lot is within 100 feet of a residential district, architectural design of buildings and structures shall recognize and respect the architectural character of the existing adjacent neighborhood in terms of scale and proportion. The review by the Planning Board shall be conducted with attention to proposed architectural features, details, materials, and colors of buildings and structures, and the Board may require modification of designs and may impose conditions in granting approval.

§ 190-46 Halfway houses and community living facilities.

Purpose: This section accommodates the need of halfway houses and juvenile homes service providers while protecting neighborhoods by establishing restrictions on density and spacing consistent with state and federal law.

Applicability.

This section applies to any of the following:

Any community living facility. A "community living facility" means any halfway house or other residence devoted to persons with developmental disabilities. The phase "developmental disability" shall have the meaning assigned in RSA 171-A:2.

Any halfway house. A "halfway house" means any residence where two or more people reside for the purpose of their rehabilitation, behavioral modification or therapeutic counseling. A "halfway house" may include a facility for the care and supervision of delinquent youth, persons with mental health illnesses, or substance abusers (e.g., alcoholism, drug addiction), or any other facility where persons are aided in readjusting to society following a period of imprisonment or institutionalized treatment.

Pursuant to an application for a variance or an appeal, the ZBA may waive any part of this section to the extent need to avoid frustrating the state policy to locate community living facilities in predominantly residential areas, and to provide facilities, programs, or services which least inhibit the freedom of movement, freedom of choice, and participation in the community of a person with a developmental disability, while achieving the purposes of habilitation and treatment.

In addition to a conditional use permit, an applicant must comply with site plan review regulations as set forth in Parts 3 and 4.

Dimensional standards. The dimensional requirements for a development of attached or multifamily dwellings shall be as specified in § 190-16, Dimensional regulations, of this chapter, for the respective districts. Where the center is not comprised of dwelling units, but provides rooms for sleeping quarters together with common sanitary and dining facilities, the number of rooms used as sleeping quarters shall not exceed the number of dwelling units that would otherwise be permitted on the premises.

Building design.

No buildings shall have a horizontal dimension, whether length or width, in excess of 160 feet, and all buildings shall comply with the maximum height as specified in § 190-16, Dimensional regulations, of this chapter for the respective districts in which attached or multifamily dwellings are permitted. There shall be a minimum of 40 feet of separation between all buildings and a minimum of 15 feet of separation between buildings and parking lots.

To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be harmonious with other buildings in the neighborhood.

Spacing. Halfway houses shall be located at least 1/4 mile from all existing halfway houses and from all of the following uses as defined in the Use Matrix (§ 190-15, Table 15-1):

Correctional facility.

Orphanage, children's homes and similar uses.

Day-care facility, adult.

Hotel, motel, or tourist court.

Schools, academic, continuance, alternative, adult, colleges and universities, and technical, trade, and other specialty schools; nursery and preschool, grade schools, elementary, middle, and high schools.

Operations.

The maximum number of persons served shall not exceed 32.

On-site services shall be for residents of the facility only, except where part of a regimen of scheduled postresidential treatment.

The operator shall submit a management plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.

§ 190-47 Home occupations.

Minor home occupation. The purpose of this subsection is to permit the accessory use of a residence for business purposes which are clearly incidental to the principal residential use, provided that the use does not change the residential character or function of the property to the extent that the property would be distinguishable from other residential properties. Upon determination of compliance with the following conditions, the Administrative Officer shall issue a certificate of use and occupancy for the minor home occupation as provided for in § 190-130 of this chapter:

No nonresidents shall be employed on the premises.

No more than 20% of the existing gross floor area of the dwelling or 200 square feet, whichever is less, shall be devoted to such use.

The use shall be carried on entirely within the principal building.

The use shall not change the internal or external residential character of the dwelling or require internal or external alterations to the structure.

There shall be no exterior storage or display of any kind which is related to the home occupation.

Visitation to the premises in conjunction with the home occupation by customers, vendors, solicitors or commercial deliveries shall be unusual and may only be on an infrequent basis, i.e., no more than three such visits per week, on the average.

The use shall be conducted in such a manner that the premises is otherwise indistinguishable from other residences in the neighborhood and shall not create any noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or nuisance to any greater or more frequent extent than that usually experienced in a residential dwelling.

There shall be no advertising on the premises other than a single nonilluminated sign which shall not exceed two square feet in area and which may only identify the occupant's name and address. The street address of the premises shall be prominently displayed by use of numerals no smaller than three inches in height and no larger than six inches in height.

Not more than one commercial vehicle shall be stored, parked or otherwise situated on the premises. Such vehicle shall not exceed 25 feet in length.

Major home occupations. The purpose of this subsection is to permit the accessory use of a residence for business purposes which is clearly incidental to the principal residential use, provided that the use does not significantly change the residential character or function of the property to the extent that the use will be objectionable to other residential uses in the neighborhood. Specifically, the following special regulations must be met to the satisfaction of the Zoning Board of Adjustment as well as the conditions set forth in § 190-134 before a special exception can be granted. In granting a special exception, the Zoning Board of Adjustment may attach any reasonable conditions to the approval to ensure the protection of the residential character of the neighborhood:

[Amended 11-12-2008 by Ord. No. O-08-38]

No more than one nonresident shall be employed.

No more than 30% of the gross floor area of the dwelling or 300 square feet, whichever is less, shall be devoted to such use, except for child day-care facilities, which may use up to 420 square feet.

The use shall be carried on strictly within the principal building.

The use will not change the internal or external residential character or function of the dwelling to the extent that the use will be objectionable to other residential uses in the neighborhood.

There shall be no exterior storage or display of any kind which is related to the home occupation.

The use shall not create any noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or nuisance to any greater or more frequent extent than that usually experienced in other residential dwellings.

Only goods produced on the premises, and made to order for a specific customer, may be sold on the premises.

There shall be no advertising on the premises other than a single nonilluminated sign which shall not exceed two square feet in area. Such sign may only indicate the owner's name and address, and the street address shall be prominently displayed by use of numerals no smaller than three inches in height and no larger than six inches in height.

Not more than one commercial vehicle shall be stored, parked or otherwise situated on the premises. Such vehicle shall not exceed 25 feet in length.

The use will not cause vehicular traffic which is substantially different from that which currently exists on the street.

Sign regulations. The following regulations apply to any home occupation sign in any residential district:

Maximum sign area shall be two square feet.

Sign shall not be illuminated.

Sign content shall be identification only including the name and address of the occupant or business.

Maximum number of home occupation signage per premises shall be one.

Advertising on the premises is prohibited.

Street address of the premises shall be prominently displayed by use of numerals no smaller than three inches in height and no larger than six inches in height.

The above conditions for home occupation signage apply to both minor and major home occupations, as referenced in this § 190-47 of this chapter.

§ 190-48 Inclusionary zoning.

[Amended 12-28-2021 by Ord. No. O-21-073]

Definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABLE

For rental housing, that the total housing costs for the dwelling unit, inclusive of utilities and other directly related expenses, do not exceed 30% of the income of the household; or

COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)

For owner-occupied housing, that the total cost of mortgage principal and interest, property taxes, association fees and homeowners' insurance does not exceed 33% of the maximum allowed income of the purchaser. Calculation of housing costs shall be based on a methodology developed by the CDD that outlines reasonable assumptions for taxes, utilities, down payment levels, and mortgage terms. In the absence of a current methodology, the calculation shall be based on a thirty-year fixed rate mortgage with the average current interest rate for a no-points mortgage, a five-percent down payment, and most current taxes, insurance, and other incidental costs, and shall include an assumed private mortgage insurance if relevant.

AFFORDABLE HOUSING

Any housing unit for which occupancy is limited to households at or below income levels for which the unit is intended to be affordable and for which maximum rents or sales prices are set so the unit will be affordable at or below that income level.

AREA MEDIAN INCOME (AMI)

The most current median income in the HUD Metropolitan Fair Market Rent Area (HMFA) for Nashua, NH, adjusted for the number of persons in the household, as determined by the U.S. Department of Housing and Urban Development.

CDD

Community Development Department of the City of Nashua, or its successor.

As defined in 24 CFR 92.2, which is hereby incorporated by this reference.

DOWNTOWN

Any lot, parcel or tract within a contiguous area that is located within the D-1 or D-3 zoning districts.

HOUSING DEVELOPMENT

Creation of new housing units through new construction and/or conversion of existing space currently or previously used for nonresidential purposes. Renovation of existing housing units is not considered housing development for the purposes of this § 190-48, unless it creates additional housing units, in which case the net new number of units shall be considered housing development.

OWNERSHIP HOUSING

Any dwelling unit intended to be conveyed in fee simple, condominium, or equity-sharing arrangement such as a community housing land trust and limited equity cooperatives.

RENTAL HOUSING

Any dwelling unit intended to be rented rather than conveyed as ownership housing.

Affordable housing requirements.

This section applies to any application for housing development approval within the City as further outlined in Table 48-1 below.[1] All housing developments must meet the requirements of Table 48-1 below as explained in this section:

Units: The total number of housing units in the proposed housing development.

Location: "Citywide" refers to projects in any location in the City of Nashua other than Downtown. "Downtown" refers to projects located in the Downtown.

IZ Required: This column indicates whether a housing development of a specific unit count in a specific location is required to include below-market affordable units as per this section.

Total Percent Required: This column indicates the percentage of the total number of units that are required to meet Tier 1 and Tier 2 Target AMI levels as outlined in the next two columns.

Tier 1 Target AMI: This column indicates a percentage of the total number of units that must be affordable at or below a specific target AMI.

Tier 2 Target AMI: This column indicates a percentage of the total number of units that must be affordable at or below a second specific target AMI.

Payment in Lieu for Partial Units: This column indicates whether partial units from the total percent required and Tier 1 and Tier 2 AMI levels can be met with a payment into the Housing Trust Fund (R-21-118 as amended).

Payment in Lieu for All Units: This column indicates whether a developer has the option of meeting its requirements under this section in full through payment to the Housing Trust Fund in lieu of providing units on-site into the Housing Trust Fund (R-21-118 as amended.) If this column says "No," the developer shall not make payments in lieu of any whole unit calculated under the Tier 1 and Tier 2 requirements and must provide those full units.

Payment in Lieu Value: This column indicates the fee in lieu amount per full unit. That amount is prorated for partial units proportionately.

Bonus Density Ratio: This column indicates an additional number of market rate units that may be provided in a housing development in return for providing required affordable units on-site. This bonus does not apply for fractional units or full units for which a developer makes a payment in lieu, or for units provided off-site. For more details see Subsection E below.

Editor's Note: Table 48-1, Inclusionary Zoning (IZ) Policy Matrix, is included as an attachment to this chapter.

In cases of conflict between Table 48-1 and this section, the language in the table shall prevail.

Term, location and size of affordable units.

The intent of this section is to ensure that affordable units created under its requirements be affordable for a period of 99 years. The developer must make a binding commitment that such units will remain affordable for the longest time periods permissible by federal and state law. Affordability of the units for the required terms shall be controlled through a deed restriction, restrictive covenant, or CDHO approved by CDD, that will provide details on how to ensure households are below income maximums; resale of units is limited to prices affordable below income maximums; and other relevant terms to ensure that the units meet the intent of this section.

Required affordable units must be integrated with the rest of the housing development, must use a common entrance, and must provide no indications from common areas that these units are affordable housing units.

Required affordable units need not be the same size as other units in the housing development but the number of bedrooms in such units shall be no less than 10% of the total number of bedrooms in the housing development. For the purposes of calculating the number of bedrooms in a housing development, every 400 square feet in each market rate unit will count as a bedroom if CDD determines this method is appropriate in lieu of counting actual bedrooms.

Certificates of occupancy and project phasing.

No final certificate of occupancy (CO) shall be issued for a housing development until the terms of this section are met, including but not limited to the requirements of Subsection C above and the complete payment of any fees in lieu of units to the Housing Trust Fund.

Certificates of occupancy for affordable units must be obtained at the same time as those of other housing units in the housing development.

A housing development may be separated into phases of reasonable sizes, in which case the affordable units and/or fees in lieu must be provided in proportion to the portion of the project completed. However, projects shall not be segmented or phased to avoid compliance with these provisions, such as by proposing more units than are intended.

Bonus density ratios.

Any development that provides required affordable units as outlined in this section is eligible for a bonus density ratio as listed in Table 48-1.[2]

Editor's Note: Table 48-1, Inclusionary Zoning (IZ) Policy Matrix, is included as an attachment to this chapter.

This ratio is an additional number of market rate units that may be built in proportion to the total number of on-site required affordable units. Off-site units or fees-in-lieu do not count towards this total.

All project phases shall have an affordable housing component. In the case of fractional units, the number of bonus units shall be rounded down. However, fractional bonus density units may be combined with other fractional units for which a project may be eligible to create additional units if the fractions add up to one or more. For example, a ten-unit project with a ten-percent inclusionary requirement and a 2.5:1 bonus density ratio would be able to build 11 market rate units (9 + 2.5 rounded down) and one on-site affordable unit. If the base zoning permitted this project to have 10.5 units in total, the project could have 12 market rate units (9.5 + 2.5) and one on-site unit, as well as a fee-in-lieu for 0.05 units (0.5 x 10%).

The bonus density units do not count toward the base number of units for which an inclusionary zoning requirement is calculated in this section. For example, a ten-unit project with a ten-percent inclusionary requirement and a 2:1 bonus density ratio would be able to build 11 market rate units and one on-site affordable unit. However, if the affordable unit is not provided on-site, or replaced with a fee-in-lieu, the project could only build 10 units.

Enforcement.

Affordability of rental units shall be enforced through a deed restriction and lien granted to the City of Nashua.

Affordability of ownership units shall be enforced through a deed restriction. Rental of affordable ownership units shall be permitted only upon notification of the City of Nashua and demonstration of compliance with rental affordability requirements as defined in this section.

Administration.

This section shall be administered by the CDD, including establishing and updating affordable sales prices and rents based on reasonable and documented methodologies.

CDD shall promulgate regulations to further specify the details of this section, which shall be approved after a hearing and vote of the Planning Board.

§ 190-49 Junkyard, automotive recycling yards and motor vehicle recycling yards.

Purpose: This section establishes regulations consistent with state law, including RSA 236:111 to 236:129.

All motor vehicle recycling yards and junkyards shall comply with the requirements of this section as well as the applicable provisions of RSA 236:90 et seq., as amended, or RSA 236:111 et seq.

Motor vehicle recycling yards and junkyards established or expanded after the effective date of this chapter shall be located at least 300 feet from any residence or office residence district.

Any new motor vehicle recycling yard and junkyard and any substantial intensification of an existing facility shall require approval of a conditional use permit. For the purposes of regulating motor vehicle recycling yards and junkyards "substantial intensification" shall mean any of the following:

Any geographic expansion of the facility.

The addition of any shredding, milling, grinding; baling or packing equipment for the handling of scrap or salvage materials, or the replacement of any existing shredding, milling, grinding, baling or packing equipment for the handling of scrap and salvage materials.

The replacement of any existing shredding, milling, grinding, baling or packing equipment for the handling of scrap and salvage materials, which results in an increase of greater than 10% in the rated compression capacity, shear force capacity or other appropriate power or capacity measurement approved by the Administrative Officer for the piece of equipment being replaced.

All motor vehicle recycling yards and junkyards shall provide the following with any application for conditional use permit:

A vicinity plan.

A description of natural features, including streams, rivers, lakes, wetlands and major topographical features located within 350 feet of the site.

A description of the proposal and how it compares to land uses within 350 feet of the site.

A description of any potential environmental hazard due to existing or proposed land uses, including soil, water and air contamination.

An air quality plan describing stationary and mobile source air emissions, their quantities and composition, and indicating conformance with all applicable air quality regulations.

A dust management plan describing dust emission sources, their quantity and composition, and how dust will be collected, managed and disposed of, and indicating conformance with all applicable dust emission regulations.

A sound attenuation plan describing sources of sound and indicating conformance with all applicable sound and noise regulations.

A vibration dampening plan describing sources of vibration and indicating conformance with all applicable vibration regulations.

A drainage plan for stormwater management and runoff.

A traffic plan describing the number of truck trips the proposal will generate and the principal access routes to the facility, including a description of the facility's traffic impact on the surrounding area.

No material shall be placed in any motor vehicle recycling yard or junkyard in such a manner that it is capable of being transferred out of the motor vehicle recycling yard or junkyard by wind, water or other natural causes. The loose storage of paper and the spilling of flammable or other liquids into streams or sewers is prohibited.

All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. Where necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of materials, preventing the collection of stagnant water, extermination procedures or other means. Professional monthly exterminating services are required, and a log indicating the dates and findings of such professional services shall be maintained on the premises. Upon proper inspection and investigation, the Administrative Officer may waive any portion of these requirements.

§ 190-50 Manufactured housing.

Applicability. This section applies to manufactured housing located in manufactured home parks. Manufactured home parks are permitted where indicated in the Use Matrix, provided that:

The lot conforms to the dimensional and density regulations set forth in § 190-16, as well as all other applicable regulations of this section.

Evidence shall be presented to substantiate that adequate provision is being made for water supply and sewage disposal.

The manufactured home residence must conform to the general character of developed land uses within the neighborhood.

Sewage and waste disposal.

No disposal of sewage from a flush toilet or other discharge of liquid waste from a manufactured home shall be permitted except when the discharge pipe or other outlet is directly connected to a City sewer or disposal system approved by the Plumbing Inspector and Health Officer, or other approved means of treatment and disposal is provided.

No dry or chemical toilet in a manufactured home shall be used, and such toilets or flush toilets, unless sewer-connected or unless as connected otherwise to conform to the provisions of this section, shall be sealed while within the City limits.

Districts allowing parks. See Use Matrix (§ 190-16).

Permits.

It shall be unlawful for any person to establish, maintain or operate within the City limits any manufactured home park, whether charges are levied or not, without obtaining and possessing a land use permit from the Administrative Officer. (See § 190-128.)

Application for a permit shall be made in writing to the Administrative Officer. The application shall state or describe the location of the existing or proposed manufactured home park, the number of lots, the proposed source of water supply, the proposed method of sewage disposal, the proposed method of garbage and trash disposal, and the proposed lighting system.

The applicant must file with the Administrative Officer a complete plan of the proposed manufactured home park. This plan, accompanied by legal description of the property shown, shall be drawn to scale and must clearly show the extent and area of the land to be used for manufactured home park purposes. The plan shall represent existing and proposed roads and driveways, the individual manufactured home lots, principal topographic features, easements, the plans for water supply, sewerage and sewer disposal, garbage and trash disposal, lighting, general drainage, park or playground areas, and proposed office, laundry, recreation, sanitary convenience or other buildings. Supplementary data such as key elevations, contours and street profiles must be submitted if requested by the Administrative Officer.

Upon receipt of the proper application for a permit, the Administrative Officer shall promptly cause an inspection of the premises to be made in company with the Health Officer. The Administrative Officer and the Health Officer shall thereupon submit to the Planning Board a copy of the proposed plan and a report of the inspection in such manner as the Planning Board may request, together with any recommendations they may deem necessary or advisable for the revision of or amendment to the plan in the interests of the general welfare of the community.

When satisfied that the proposed manufactured home park will not be a source of danger to the health or safety of its occupants or to others, and will comply with this and all other City ordinances, and will conform to accepted principles of good community planning, the Planning Board shall affix its approval to the final plan and description by signature of the Chairman accompanying the word "Approved," and the date of approval as voted by a majority of the Planning Board.

Location and space requirements.

Permitted locations for a manufactured home park shall include only sites which are or will be well-drained, not subject to smoke, to noise excessive for residential purposes, to the probability of flooding or erosion, or to insect or rodent infestation.

Not more than one manufactured home shall be placed upon a lot. No manufactured home shall be situated closer than 50 feet to any permanent residence on adjoining property.

Each lot in a manufactured home park shall contain not less than 9,000 square feet and shall have a frontage of at least 90 feet. The boundaries of each lot shall be designated by permanent markers such as stone monuments or iron pipe placed in the ground at each corner. Each lot shall contain parking for one automobile, and shall be kept free from dense growth of brush or weeds.

The front yard setback of each lot shall be at least 25 feet. The rear setback of each lot shall be at least 15 feet. The side setbacks of each lot shall be at least 10 feet. In establishing these setbacks, and other space requirements, awnings, vestibules or other attached building components and patios shall be considered an integral part of a manufactured home.

Any buildings other than manufactured homes in a manufactured home park shall be situated on the lot in accordance with the setbacks required for the zoning district in which they are located. Such buildings shall be separated by a minimum distance of 10 feet.

The minimum acreage for the site of a manufactured home park shall be 15 acres.

Concrete stands. Each manufactured home site shall be provided with a stand consisting of either a solid concrete slab or two concrete ribbons of a thickness and size adequate to support the maximum anticipated loads during all seasons. When concrete ribbons are used, the area between the ribbons shall be filled with a layer of crushed rock.

Foundation. Manufactured housing located outside of a manufactured home park shall be set on a permanent foundation consisting of solid concrete, masonry or block. Manufactured housing located in a manufactured home park shall be screened with masonry skirting.

Open space, parks and recreation. Each manufactured home park shall comply with Article XXIX.

Convenience facilities and establishments. Coin-operated laundries and other commercial convenience establishments may be permitted in manufactured home parks, provided that:

They are subordinate to the residential character of the park;

They are located, designed and intended to serve only the needs of persons living in the park;

They and any parking areas related to their use shall not occupy more than 5% of the total developed area of the park; and

They present no visible evidence of their commercial nature to areas outside the park.

Storage space. Each park shall provide either one central waterproof structure available to all manufactured home sites, or a single waterproof structure for each manufactured home site, suitable for storage of goods and the usual effects of persons occupying the park.

Street design and transportation. Street design and transportation shall comply with Article XXX.

Utilities. Utilities shall comply with Article XXXII.

Garbage and refuse disposal.

All garbage and refuse in a manufactured home park shall be stored in suitable watertight and flytight receptacles which shall be kept covered with tightly fitting covers. At least one such receptacle shall be provided and conveniently located for each lot. It shall be unlawful for any person to disposal of garbage or refuse of any kind upon the grounds of a manufactured home park.

The owner or manager of the park shall ensure that all garbage and refuse is disposed of regularly and in a sanitary manner approved by the Health Officer.

Lighting. Every manufactured home park shall be provided with adequate street lighting facilities, and shall be kept lighted in accordance with the timetable for the lighting and extinguishing of public streetlights. In no case shall the lighting intensity be less than 0.2 footcandle. This may be increased where it is determined by the Board that conditions of pedestrian and vehicular traffic warrant it.

Maintenance and repairs. Manufactured home parks and all structures situated therein shall be kept in good repair and shall at all times be maintained in a clean and sanitary condition. Streets and driveways within such parks shall be graded, well drained, kept in good order and kept open so as to permit the entry of fire-fighting or other emergency equipment at all times.

Records. The owner or manager of every manufactured home park shall keep a record of all manufactured home owners and a record of all guests with campers, noting the name and address of each lot occupant, the license number of each automobile and of each manufactured home or camper, the state issuing such licenses, and the dates of arrival and departure. This register shall be available at all times for inspection by representatives of the Police and Health Departments.

Inspections. The Administrative Officer, Health Officer and Fire Inspector shall inspect each manufactured home park from time to time, at reasonable hours.

Application of City ordinances. In the location, operation and maintenance of a manufactured home park, this article and all other ordinances of the City not in conflict herewith shall be observed.

Enforcement. The several municipal departments shall, according to their customary official responsibilities, enforce the provisions of this division. For that purpose, representatives of the several municipal departments such as the Building Department Manager, Health Officer, Fire Inspector and police are hereby empowered to inspect manufactured home parks at all reasonable times.

§ 190-51 Neighborhood Center.

Purpose: A Neighborhood Center provides shopping, service and employment opportunities within walking or driving distance of residential areas. The Center is spatially defined and concentrated in a nodal pattern, as opposed to conventional strip shopping centers. Neighborhood Center features urban design guidelines such as zero setbacks and streetscapes with windows and entryways.
This section permits Neighborhood Center in a wider variety of districts and situations, subject to strict design standards that prohibit strip development and encourage walkable streetscapes. Freestanding commercial uses that do not meet the standards of this section are located in the other commercial zoning districts.
This section implements the following Master Plan recommendations:
•	Provide adequate shopping and service opportunities for under-serviced populations.
•	Encourage infill development within, and work to revitalize existing commercial areas.
•	Guide commercial and industrial development to the existing built areas of the City and minimize development in outlying, undeveloped areas.
•	Encourage and support businesses that reduce employee and product-related vehicle trips.

Applicability. This section applies to any of the following:

The expansion of any commercial use located in a residential zoning district that was lawfully established but no longer conforms to the applicable use restrictions. This section does not apply to the existing use, operation, or improvement of such facilities unless the applicant requests permission to expand, renovate, or redevelop the existing building or parking areas.

Any Neighborhood Center authorized by a conditional rezoning to an LB Zoning District.

Processing procedures. A Neighborhood Center shall require approval of a site plan.

Size and location of site.

A Neighborhood Center may be located at the intersection of any collector or higher traffic volume street classification as a conditional use within all residential zoning districts.

A Neighborhood Center shall not exceed 150 feet of frontage.

The establishment of a Neighborhood Center shall not establish a precedent for higher-density zoning between the nodes or intersections where the Neighborhood Centers are established.

Uses and density. A Neighborhood Center may include any of the uses permitted in a LB Zoning District. Residential dwellings are permitted above or below the first floor of any building with commercial and/or retail uses. Dimensional requirements shall conform to Table 51-2.

Table 51-2 Dimensional Requirements
(A)	(B)		(C)
	R-40, R-30	R-18, R-9	R-A, R-B, R-C
Minimum frontage (feet)	15	15	15
Maximum frontage (feet)	150	150	150
Maximum height (stories)	2	2	2
Minimum front setback (feet)	30	20	0
Maximum front setback [principal arterial, arterial] (feet)	35	25	25
Maximum front setback [collector, local] (feet)	10	10	5
Maximum building size (square feet)	8,000	10,000	12,000
Maximum size per use or tenant (square feet) [not applicable to grocery stores (land use codes LBCS Function 2151, NAICS 445110)]	4,000	4,000	4,000
Maximum parcel size (square feet)	43,560	43,560	25,000

Open space and parks.

The open space within the proposed development shall be compatible with the surrounding neighborhood. The following amenities are recommended to be provided in the open space area:

Ornamental fountains.

Ornamental lampposts

Stairways.

Waterfalls.

Sculptures.

Arbors.

Trellises.

Planted beds.

Drinking fountains.

Clock pedestals.

Awnings.

Canopies.

Benches, picnic tables, or similar outdoor seating spaces.

Not less than one linear foot of seating shall be provided for each 50 square feet of open space. Seating dimensions shall comply with the requirements of the Americans with Disabilities Act.

Building design. The building design shall be compatible with the surrounding neighborhood.

§ 190-52 Permanent outdoor display areas.

Outdoor display of retail goods, wares and merchandise is a permitted accessory use in the GB, D-1, D-3, and HB Districts if expressly permitted pursuant to a site plan. No such outdoor display is permitted unless the site plan shows the location, area and boundaries of the outdoor display.

Such outdoor display must be customarily incidental to a principal use in the district in which the outdoor display is permitted. Only the business or entity occupying the principal use or structure shall sell merchandise in the outdoor display areas.

Such outdoor display is permitted in any yard, subject to a minimum setback of 20 feet from an adjoining property line.

Outdoor display shall be screened from view along any property line abutting a residential zoning district by a minimum Type B buffer as set forth in § 190-181B(2). This section does not apply except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood. To the extent that buildings on the premises are located so as to screen views from adjacent streets and properties, such buildings may be considered to be part of the required screening in lieu of landscaping, fences, walls, and enclosures.

Maximum height of displayed merchandise limited to height of fence or wall or six feet.

All outdoor displays must be located on the same lot as the principal use.

Areas used for such display shall be furnished with an all-weather hard surface of a material such as bituminous or concrete.

Merchandise shall not be placed or located so as to interfere with pedestrian or building access or egress, required vehicular parking and handicap parking, aisles, access or egress, loading space parking or access, public or private utilities, services or drainage systems, fire lanes, alarms, hydrants, standpipes, or other fire-protection equipment, or emergency access or egress.

Outdoor display areas shall not be located on any parking spaces needed to comply with the minimum parking ratios of Article XXVIII, Table 198-1. Outdoor display areas shall be considered part of the floor area of the principal use or structure for purposes of computing the minimum number parking spaces required.

Such display shall not violate applicable federal, state, or local laws specific to the use of solid, liquid and gaseous chemicals, materials or products.

§ 190-53 Outdoor storage.

Uses that involve the outdoor storage of inventory, materials, parts, or equipment shall comply with the following standards:

Required setbacks.

Outdoor storage shall not be located within a required front setback. (See Table 16-3.)

Outdoor storage shall not be located closer than 50 feet to any street or any residential district boundary line.

Screening and landscaping. See § 190-182.

§ 190-54 Residential uses.

All uses listed as residential uses in the Use Matrix (§ 190-15, Table 15-1) shall comply with the parking standards established in Article XXVIII of this chapter in addition to the applicable requirements of this chapter.

§ 190-55 Sexually oriented businesses.

Purpose and findings.

The purpose of this section is to promote the health, safety and general welfare of the citizens of the City of Nashua by providing special design guidelines/standards and development regulations which regulate the time, place and manner of the operation of sexually oriented use facilities in order to minimize the negative secondary effects associated with the concentration of such facilities. The specific purposes of this section are to:

Establish a procedure that places strict limits on processing time and eliminates any possibility for the exercise of unfettered discretion in reviewing applications for establishing sexually oriented uses.

Ensure orderly and thorough City review of applications for sexually oriented uses.

Establish reasonable and uniform regulations that will reduce possible adverse secondary effects that sexually oriented uses may have upon the residents of the City and preserve the integrity of existing commercial areas of the City and of residential areas which are in close proximity to such commercial areas.

To protect the rights conferred by the United States Constitution to sexually oriented uses in a manner that ensures the continued and orderly development of property within the City and diminishes those undesirable negative secondary effects that recognized studies have shown to be associated with the development and operation of sexually oriented uses.

To allow a process whereby the unusual site development features or operating characteristics of uses which must comply with this section may be conditioned through an individual review, in order to be compatible with the surrounding uses of property.

Experience in this City as well as in cities and counties within and outside of New Hampshire including the County of Los Angeles, the City of Garden Grove and the Cities of Renton, Washington; Seattle, Washington; Detroit, Michigan; Austin, Texas; Indianapolis, Indiana; and Phoenix Arizona; have demonstrated that such uses have objectionable secondary effects upon immediately adjacent residential and commercial areas. The City recognizes and relies upon the experience of these other cities and counties in adopting sexually oriented business regulations including the County of Los Angeles [as discussed in Smith v. County of Los Angeles 211 Cal. App. 3d 188 (1989)]; City of Renton, Washington [as discussed in City of Renton v. Playtime Theatres, Inc. 475 U.S. 41 (1976)]; the City of Seattle Washington [as discussed in Northend Cinema v. City of Seattle 90 Wash. 2d 709, 585 P.2d 1153 (1978)]; and the County of Palm Beach, Florida [as discussed in Movie and Video Work v. Board of County Commissioners 723 F. Supp. 695 (S.D. Fla. 1989)] in support of this chapter. The City also recognizes and relies upon the studies done by:

The 1979 Sexually-Oriented Use Study by the Phoenix Planning Department;

Tucson, Arizona (1990).

The 1991 report to the City of Garden Grove by Drs. McCleary and Meeker on the relationship between crime and sexually oriented business operations;

The City of Los Angeles in 1977;

The 1984 "Analysis of Adult Entertainment Businesses in Indianapolis" by the Department of Metropolitan Development;

Minneapolis, Minnesota (1980);

Cleveland, Ohio (1977);

Oklahoma City, Oklahoma (1986);

Austin, Texas' study on effects of sexually oriented businesses;

Amarillo, Texas (1977);

Beaumont, Texas (1982);

Houston, Texas (1983); and

Seattle, Washington (1989).

The Board of Aldermen believes the following statements are true, in part based upon its understanding of the experiences of the various jurisdictions identified, and hereby finds and determines that:

Crime rates tend to be higher in residential areas surrounding sexually oriented businesses than in industrial or commercial areas surrounding sexually oriented businesses;

Areas within close walking distance of single and multiple-family dwellings should be free of sexually oriented businesses;

Sexually-oriented businesses should be located in specific areas of the City which are a specified distance from sensitive uses such as residences, parks, religious institutions and schools, irrespective of whether physical barriers are present. This is necessary to:

Ensure that the impact on such sensitive uses by adverse secondary effects caused by sexually oriented businesses are mitigated to the maximum extent possible;

Prevent ad hoc decisions with respect to a potential sexually oriented business site which does not meet the criteria set forth herein; and

Provide certainty to the residents of the City and sexually oriented business operators with respect to potential sexually oriented use sites.

The image of the City as an attractive place to reside will be adversely affected by the presence of sexually oriented businesses in close proximity to residential uses, schools, religious institutions and parks;

The existence of sexually oriented businesses in close proximity to residential areas has been shown in some cities to reduce the property values in those residential areas;

A reasonable regulation of the location of sexually oriented businesses protects the image of the community and its property values and protects its residents from the adverse secondary effects of sexually oriented businesses while providing those who desire to patronize sexually oriented businesses an opportunity to do so in appropriate areas in the City; and

There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by sexually oriented businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property.

The studies from other cities establish convincing evidence that sexually oriented businesses which are not regulated as to permissible locations often have a deleterious effect on nearby businesses in residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. Regulations for sexually oriented businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather that waiting for problems to be created.

The Board of Aldermen recognizes and relies on the findings set forth in the 1986 United States Attorney General's Report on Pornography in support of this chapter, including but not limited to its recommendations that local governments ban certain features of video booths that facilitate carnal sexual encounters.

The Board of Aldermen finds the following, in part based upon its understanding of the documents and judicial decisions in the public record:

Evidence indicates that some dancers, models and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in sexually oriented businesses (collectively referred to as "performers") have been found to engage in sexual activities with patrons of sexually oriented businesses on the site of the sexually oriented business;

Evidence has demonstrated that performers employed by sexually oriented businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows;

Evidence indicates that performers at sexually oriented businesses have been found to engage in acts of prostitution with patrons of the establishment;

As a result of the above, and the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts at sexually oriented businesses.

The Board of Aldermen has determined that the establishment of a permitting process for sexually oriented businesses is a legitimate and reasonable means of ensuring that:

Operators of sexually oriented businesses comply with the reasonable regulations of this chapter. The recognized secondary impacts of a proposed sexually oriented business in a specific location are mitigated; and

Operators of sexually oriented businesses have specific guidelines with respect to where they can establish or operate a sexually oriented business.

It is not the intent of the Board of Aldermen in adopting this chapter to suppress any activities protected by the First Amendment, but rather to enact a content-neutral ordinance which addresses the secondary effects that sexually oriented businesses have on the City. The Board of Aldermen desires to protect the rights conferred by the United States Constitution to sexually oriented businesses in a manner that ensures the continued and orderly development of property within the City and diminishes those undesirable negative secondary effects the previously mentioned studies have shown to be associated with the development and operation of sexually oriented businesses.

The Board of Aldermen and Planning Board have held duly noticed public hearings, to receive input and testimony from the public concerning the adoption of this proposed ordinance.

Definitions. In addition to the definitions contained in Article XLII of the Land Use Code, the following words and phrases shall, for the purposes of this section, be defined as follows. Should any of the definitions be in conflict with the current provisions of the Land Use Code, these definitions shall prevail:

ADULT ARCADE

Any business establishment or concern to which the public is permitted or invited and where coin or slug operated or electronically, electrically or mechanically controlled amusement devices, still or motion-picture machines, projectors, videos or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are considered adult material as defined by this section.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade adult material, or an establishment with a segment or section devoted to the sale or display of such material.

An establishment shall be deemed to have a "substantial or significant portion of its stock-in-trade" if not less than 20% of the stock of the business or 20% of the floor area which houses the sexually oriented business is adult material; provided, however, that if the sexually oriented business is housed in a building or structure which includes more than one business, then the "floor area" shall mean and refer to only that portion of the building which is leased or otherwise demised to the sexually oriented business.

ADULT CABARET or ADULT NIGHTCLUB

An establishment shall also be deemed to have a "substantial or significant portion of its stock in trade" if not less than 20% of the gross receipts of the business or use are derived from the sale of adult material (as defined below).

A business establishment or concern which features live performances by dancers or similar entertainers in the nude.

ADULT DANCE STUDIO

Any business establishment or concern which provides for members of the public a partner for dance where the partner appears nude, or where the dance is distinguished or characterized by the emphasis on matter depicting, or describing or relating to specified sexual activities or specified anatomical areas.

ADULT ENTERTAINMENT STUDIO

Any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, wherein an entertainer provides entertainment to a member of the public, a patron or a member, when such entertainment is held, conducted, operated or maintained for a profit, direct or indirect. An adult entertainment studio includes, without being limited to, any premises that is physically arranged and used as such, whether advertised or represented as an entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import. Adult entertainment studio shall not include theaters, concert halls, or similar establishments where entertainment is performed for groups of four or more.

ADULT HOTEL

A hotel which is used for presenting on a regular and substantial basis material which is distinguished or characterized by the emphasis on matter depicting or describing or relating to specified sexual activities or specified anatomical areas through closed circuit or cable television or through video tape recorder where video tapes are provided by the hotel/motel. For purposes of this subsection, a "hotel" means any building or other structure which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are offered for pay primarily to transient guests and in which four or more rooms are used for the accommodation of such guests, regardless of whether such building or structure is designated as a motel, cabin camp, tourist cabin, or other type of lodging unit. Evidence that a sleeping room in a hotel has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult hotel as that term is defined in this section.

ADULT MATERIAL

Materials which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

ADULT-ORIENTED MERCHANDISE

Sexually oriented implements, paraphernalia, or novelty items, such as but not limited to sexually oriented vibrators, inflatable orifices, anatomical balloons with orifices, simulated and battery operated sexual organs, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

ADULT THEATER

A theater or other commercial establishment with or without a stage that is used for presenting, on a regular and substantial basis, material which is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to specified sexual activities or specified anatomical areas.

ARCADE BOOTH

A closed or partially enclosed portion of an establishment in which an adult arcade is located, or where a live performance is presented, on a regular or substantial basis, where the material presented is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to specified sexual activities or specified anatomical areas.

BREAST

A portion of the human female mammary gland (commonly referred to as the "female breast") including the nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland wherein such outside area is (i) reasonably compact and contiguous to the areola and (ii) contains at least the nipple and the areola and 1/4 of the outside surface area of such gland.

COMMERCIAL ZONING DISTRICT

Any property within the City which is zoned Local Business (LB), General Business (GB), Downtown (D) or Highway Business (HB), on the City's Official Zoning Map adopted pursuant to § 190-12 of the Nashua Land Use Code, as may be amended from time to time.

DANCER

A performer who dances or otherwise performs in an adult cabaret or adult nightclub, adult dance studio, adult entertainment studio, arcade booth, or erotic dance studio, and who seeks to arouse or excite the patrons' sexual desires.

EMPLOYEE

Any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment studio.

ENTERTAINER

Any person who provides entertainment within an adult entertainment studio as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.

ENTERTAINMENT

Any exhibition, performance, display or dance of any type, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered for amusement.

EROTIC DANCE STUDIO

A fixed place of business which emphasizes and seeks, through one or more dancers or performers, to arouse or excite the patrons' sexual desires.

FIGURE MODELING STUDIO

Any establishment or business which provides for members of the public, the services of a live human model for the purpose of reproducing the human body, wholly or partially in the nude, by means of photograph, painting, sketching, drawing, or other pictorial form.

INDUSTRIAL ZONING DISTRICT

Any property within the City which is zoned Commercial Industrial (CI), Park Industrial (PI), or General Industrial (GI) on the City's Official Zoning Map adopted pursuant to § 190-12 of the Nashua Land Use Code, as may be amended from time to time.

MATERIAL

Relative to sexually oriented businesses, "material" shall mean and include, but not be limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, or electronically generated images or devices including computer software, or any combination thereof.

NUDE

Any state of undress in which the whole or part of any of the following, at a point below the top of the areola, is less than completely and opaquely covered:

The male or female genitals; or

The male or female pubic area; or

The female breast (see the last sentence in this subsection); or

The buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, dental floss and thongs.

SEXUALLY ORIENTED BUSINESS

Body paint, body dyes, tattoos, liquid latex whether wet or dried, and similar substances shall not be considered opaque covering. Each female person may determine which 1/4 of her breast surface area (see definition of "breast") contiguous to and containing the nipple and the areola is to be covered.

OBSCENE

Any material or performance is obscene if the average person applying contemporary community standards would find that such material or performance, taken as a whole, appeals to the prurient interest; that the material or performance has patently offensive representations or descriptions of ultimate sexual acts, normal or perverted; and that the material or performance, taken as a whole, lacks serious literary, educational, artistic, political or scientific value.

OPERATOR

Any person, partnership, or corporation operating, conducting or maintaining a sexually oriented use or sexually oriented business.

PARK

Any public or private land designated as "open space public" or "open space, private" in the Master Plan.

PATRON

Any person who is a guest, member or customer on or in a sexually oriented business.

PERFORMER

Any person who is an employee or independent contractor of the sexually oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of a sexually oriented business and who seeks to arouse or excite the patrons' sexual desires.

PERSON

Any natural person, or any association, partnership, or corporation.

RELIGIOUS INSTITUTION

A facility used primarily for religious assembly or worship and related religious activities, including any church, place of worship, parish house, or convent.

RESIDENTIAL ZONE

Any property within the City which is designated as a residential district pursuant to § 190-15 of this chapter, as may be amended from time to time, including any property within the City which is zoned R-40 (Rural Residence), R-30 (Suburban Residence), R-18 (Suburban Residence), R-A (Urban Residence), R-B (Urban Residence) or R-C (Urban Residence) on the City's Official Zoning Map adopted pursuant to § 190-12 of this chapter.

SCHOOL

Any institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the New Hampshire Board of Education or which is maintained pursuant to standards set by the New Hampshire Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, whether public, parochial, or private, but not including dancing schools, riding academies, or trade or vocational schools.

Any business establishment or concern which as a regular and substantial course of conduct operates as an adult bookstore, adult theater, adult arcade, adult cabaret or adult nightclub, figure modeling studio, adult dance studio, adult entertainment studio, erotic dance studio, adult hotel, or massage establishment (other than a message therapist holding a currently valid massage therapist license issued by the New Hampshire Department of Health and Human Services); or

SPECIFIED ANATOMICAL AREAS

Any business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes adult-oriented merchandise or sexually oriented merchandise, or which offers to its patrons adult materials or other products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Less than completely and opaquely covered:

Human genitals, pubic region;

Buttock; or

Female breast below a point immediately above the top of the areola; or

Any device or covering, when exposed to view, which simulates the female breast below a point immediately above the top of the areola, human genitals, pubic region or buttock; or

SPECIFIED SEXUAL ACTIVITIES

Human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered.

Includes:

Human genitals in a state of sexual stimulation or arousal; and/or

Acts of human masturbation, sexual intercourse or arousal; and/or

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; and/or

Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

TAVERN

Any premises on which alcoholic or cereal malt beverages are sold or served for consumption on the premises pursuant to a license or permit issued by the State of New Hampshire or any other political subdivision or agency of the State of New Hampshire.

Applicability.

No sexually oriented business shall be constructed, established, or operated unless and until a sexually oriented use permit or a temporary land use permit has been issued by the Administrative Officer.

Nothing in this section shall be construed to apply to any play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education, or other similar establishment as a form of expression or opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.

The establishment of any sexually oriented business includes any of the following activities:

The opening of such a business as a new business.

The relocation of a sexually oriented business.

The conversion of an existing business to a sexually oriented business.

An increase of the square footage of an existing sexually oriented business.

The conversion of an existing sexually oriented business to a different type of sexually oriented business.

Locational limitations.

Subject to the limitations of Subsection D(2) below, sexually oriented businesses may be located in any HB Highway Business Zoning District of the City as herein defined. A sexually oriented business shall not be established in any other zoning district.

In the zoning districts where sexually oriented businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such sexually oriented business unless the location complies with the following requirements:

No sexually oriented business is permitted within 1,000 feet of another existing sexually oriented business or one for which a building permit or zoning certificate of use has been applied for; and

No sexually oriented business is permitted within 750 feet of any residence or any of the following: amusement or theme park establishment (LBCS Function 5310); recreation or amusement enterprises (LBCS 5300, NAICS 71399); recreation, indoor commercial (e.g., bowling alley, billiards, pool) [LBCS Function 5380, LBCS Structure 3200, NAICS 71312]; or recreation, outdoor commercial (LBCS Function 5310, LBCS Structure 4440, or NAICS 71311).

No sexually oriented business is permitted within 750 feet of any religious institution, school, kindergarten, licensed day care and/or day nursery, state-approved day-care center or public sports/recreation parks; and

No sexually oriented business is permitted within 750 feet of the City boundaries; and

No sexually oriented business is permitted within 1,000 feet of another existing sexually oriented business on the date of the passage of this amendment; and

No sexually oriented business is permitted within a building, premises, structure or other facility that contains a sexually oriented business as defined in Subsection B above.

Development and performance standards.

Hours of operation.

No sexually oriented use or sexually oriented business shall be open earlier than 11:00 a.m. or later than 11:00 p.m. No sexually oriented use or sexually oriented business shall be open on any Sunday. It shall be unlawful for any operator or employee of a sexually oriented business to allow such sexually oriented business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 11:00 p.m. and 11:00 a.m. of any day or on any Sunday.

All sexually oriented uses or sexually oriented businesses shall be open to inspection at all reasonable times by any law enforcement officer, the Administrative Officer, or such other persons as the Administrative Officer may designate in the normal course of his duties.

Lighting requirements. All exterior areas of the sexually oriented business shall be illuminated at a minimum of 1.0 footcandle throughout the premises, minimally maintained and evenly distributed at ground level.

Signs. All sexually oriented uses or sexually oriented businesses shall comply with the following sign requirements in addition to the requirements of Article X of this chapter:

No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building. Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation of a performance displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be visible outside of the sexually oriented use or sexually oriented business.

Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.

Access provision. The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall ensure that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.

Minors' access.

No employee, owner, operator, responsible managing employee, manager or permittee of a sexually oriented business shall allow any person below the age of 18 years upon the premises or within the confines of any sexually oriented business.

X-rated movies. X-rated movies or video tapes shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays videos that have been rated "X" or rated "NC-17" by the motion-picture rating industry (MPAA), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said videos shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited and shall not be visible from outside the premises or from areas within the premises where persons under the age of 18 are allowed.

Other adult materials. Access to adult materials shall be restricted to persons over 18 years of age.

Closed booths. No one shall maintain any arcade booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into such premises; and further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing area or partially or fully concealed booths/individual viewing area shall be maintained. No arcade booth shall be occupied by more than one patron at a time. No holes shall be permitted between arcade booths or individual viewing area.

Notification of requirements. A sign shall be conspicuously displayed in the common area of the premises, and shall read as follows:

	"THIS SEXUALLY-ORIENTED BUSINESS IS REGULATED BY NASHUA LAND USE ORDINANCE § 190-55. ENTERTAINERS ARE:
	1.	Not permitted to engage in any type of sexual conduct;
	2.	Not permitted to expose their sex organs;
	3.	Not permitted to demand or collect all or any portion of a fee for entertainment before its completion."

Regulation of viewing areas. Every sexually oriented use or sexually oriented business shall be physically arranged in such manner that the entire interior portion of the booths, cubicles, rooms or stalls wherein entertainment is provided is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever. All viewing areas within the sexually oriented business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured in any manner by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the viewing area from the main aisle. A manager shall be stationed in the main aisle, or a video monitor shall be established at a location from which the inside of all of the viewing areas are visible at all times, in order to enforce all rules and regulations. All viewing areas shall be designed or operated to permit occupancy of either one person only, or more than 10 persons. The operator shall be responsible for and shall provide that any room or area used for the purpose of adult entertainment shall be readily accessible at all times and shall be opened to view in its entirety for inspection by the Administrative Officer or a law enforcement officer at all reasonable times. "Viewing area" shall mean any area in which a person views performances, pictures, movies, videos, or other presentations.

Private performances. Any area in which a private performance occurs shall:

Have a permanently open entranceway not less than two feet wide and not less than six feet high, which entranceway is not capable of being closed or partially closed by any curtain, door, or other partition which would be capable of wholly or partially obscuring any person situated in the area; and

Have a wall-to-wall, floor-to-ceiling partition of solid construction without any holes or openings, which partition may be completely or partially transparent, and which partition separates the employee from the person viewing the display.

On-site manager; security measures. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a sexually oriented business unless each and all of the following requirements are met:

All sexually oriented businesses shall have a person who shall be at least 18 years of age and shall be on the premises to act as manager at all times during which the business is open. The sexually oriented business shall register any and all individual(s) designated as the on-site manager with the Administrative Officer by the owner to receive all complaints and be responsible for all violations taking place on the premises.

The sexually oriented business shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by 1 1/2 feet.

Clothing. All employees of sexually oriented businesses, other than performers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.

(12)

Dancing and performing. In order to reduce the opportunity for prostitution and narcotics transactions, to prevent patrons and dancers/performers from engaging in sexual fondling and caressing, and to reduce the likelihood of drug and sex transactions, the following additional regulations shall apply to the operation of any adult cabaret, adult dance studio, erotic dance studio, or figure modeling studio:

Separation distances between entertainers and patrons. No person shall perform live entertainment for patrons of a sexually oriented business except upon a permanently fixed stage or platform which is at least two feet above the level of the floor, separated by a distance of at least 10 feet from the nearest area occupied by patrons and surrounded with a three-foot-high barrier. No patron shall be permitted within six feet of the stage while the stage is occupied by a performer.

Contact between entertainers and patrons prohibited. When patrons are present at the establishment, no dancer or performer shall fondle or caress any patron, and no patron shall fondle or caress any dancer or performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier and, in the event that a patron disregards this requirement, by employees of the establishment.

Procedures. No sexually oriented business shall be established until a land use permit is issued pursuant to § 190-128. The following procedures supersede any inconsistent requirements of § 190-128:

The Administrative Officer shall approve, approve with conditions, or deny the application within 30 days after it is filed. If the application is not approved, approved with conditions, or denied during this time period, it shall be deemed approved.

The Administrative Officer shall issued the land use permit if it complies with the requirements of this section.

Appeals.

Any interested person may appeal the decision of the Administrative Officer to the Board of Zoning Appeals in accordance with the provisions of Part 4 of this chapter.

Consideration of an appeal of the Administrative Officer's decision shall be at a public hearing which shall be noticed as provided in § 190-136D of this chapter and shall occur within 30 days of the filing or initiation of the appeal. A final decision of the Board of Zoning Appeals shall be rendered not less than 30 days after the date of the initial public hearing. Said time period for rendering a final decision shall be computed from the date of the initial public meeting, and shall not be construed to run from the date of any continuation of said public hearing without the express written consent of the applicant, which consent shall include a knowing waiver of any and all constitutional rights to a hearing within this time period.

An appeal to the Hillsborough County Superior Court from any action of the Board of Zoning Appeals hereto shall be taken in accordance with RSA Chapter 677.

Temporary permit pending judicial review of decision to grant or deny.

Purpose. In order to comply with the standards for prompt judicial review of a decision relating to the issuance of a sexually oriented use permit as set forth in Freedman v. Maryland, 380 U.S. 51 (1965), the following procedures are hereby established.

Application. If land use permit is denied and an appeal or other legal challenge to said action is filed with the Board of Zoning Appeals and/or in the Nashua District Court or a Federal District Court, the applicant may file an application for a temporary land use permit which shall contain all of the information required by § 190-268 and a copy of the pleadings challenging said decision. If an application for a temporary land use permit is filed during the pendency of any judicial proceedings, the pleadings thereto shall be file-stamped by the circuit clerk of the court in which such proceedings have been filed.

Approval procedure. Within five days after receipt of the application for a temporary land use permit, the Administrative Officer shall determine whether the application is complete. If the application is complete, the Administrative Officer shall issue the temporary land use permit within five days after receipt thereof. If the application is not complete, the Administrative Officer shall return the application to the applicant with a statement of the manner in which the application does not conform to the submittal requirements of this section.

Scope of approval. Upon issuance of a temporary land use permit, the applicant may commence operations as set forth in the application for a temporary land use permit. The temporary land use permit shall immediately expire, and the operations shall immediately cease, upon a final decision by the District Court and courts of appellate jurisdiction which is not subject to appeal, and which affirms or upholds the decision of the Administrative Officer denying the application for a sexually oriented use permit. Upon a final decision by the District Court and all courts of appellate jurisdiction which is not subject to appeal, and which reverses or invalidates the decision of the Administrative Officer, the temporary land use permit application shall expire, and the applicant may commence or continue operations in accordance with the application for a sexually oriented use permit. Upon a final decision by the District Court and all courts of appellate jurisdiction which is not subject to appeal, and which upholds in part and reverses or invalidates in part the decision of the Administrative Officer, the temporary land use permit application shall expire and operations shall immediately cease, and the applicant shall reapply for a permit in accordance with those provisions of this chapter and/or the actions of the Administrative Officer which were upheld by said decision.

Limitations and exceptions. No temporary land use permit shall be issued for a sexually oriented use within a residential zoning district. No temporary land use permit shall be issued for a massage establishment, which activities are not considered expressive conduct protected by the First Amendment.

Permit expiration. Any land use permit approved pursuant to this section shall become null and void if not exercised within one year from the date of the approval. If a sexually oriented business ceases to operate for a period of six months, the land use permit shall become null and void. A permit extension shall be granted if prior to the expiration date the permittee demonstrates to the satisfaction of the Administrative Officer that it has a good faith intent to presently commence the proposed use. Such extensions shall not exceed a total of two six-month extensions.

Permit approval criteria. The Administrative Officer shall not approve or conditionally approve an application for a land use permit unless where the information submitted by the applicant substantiates the following findings:

The sexually oriented business use is consistent with the location requirements of § 190-55D and the applicable performance standards of § 190-125E; and

The sexually oriented business is located in a zoning district which lists sexually oriented businesses as a permitted use; and

The sexually oriented business structure does not contain any apartments or other living quarters; and

The applicant is at least 18 years of age; and

The applicant has not been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense pursuant to RSA Chapters 571:B of Article LVIII and Chapters 632, 632:A, 649:A, 649:B, and 650 of Article LXII.

Display of license or permit. The land use permit shall at all times be displayed in a conspicuous public place in the sexually oriented business.

Responsibilities of the operator. The City hereby finds that the following information is necessary in order to ensure the proper administration of this § 190-55, as well as the proper inspection and identification of all persons which control the operation of any sexually oriented business permitted pursuant to this chapter.

The operator shall maintain a register of all employees, showing the name, and aliases used by the employee, home address, age, birth date, sex, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, and duties of each employee and such other information as may be required by the Board. The above information on each employee shall be maintained in the register on the premises for a period of one year following termination.

The operator shall make the register of employees available immediately upon demand of any law enforcement officer at all reasonable times.

Every act or omission by any employee constituting a violation of the provisions of this § 190-55 shall be deemed the act or omission of the operator, if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.

An operator shall be responsible for the conduct of all employees while on the licensed premises and any act or omission of any employee constituting a violation of the provisions of this § 190-55 shall be deemed the act or omission of the operator for purposes of determining whether the operator's land use permit shall be revoked, suspended or renewed.

There shall be posted and conspicuously displayed in the common areas of each adult entertainment studio a list of any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed.

The operator shall make the list available immediately upon demand of any law enforcement officer at all reasonable times.

The owner or operator shall ensure that the premises comply, at all times, with the standards of this section.

Permit revocation.

Any permit issued pursuant to the provisions of this section may be revoked by the Administrative Officer on the basis of any of the following:

That the business or use has been conducted in a manner which violates one or more of the requirements of this § 190-55, or if the operator or entertainer or any employee of the operator violates any provision of this § 190-55; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Administrative Officer shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.

Any cost or fee required to be paid by this § 190-55 is not paid.

An operator employs an entertainer who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs as an entertainer without a permit.

Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the sexually oriented business or sexually oriented use.

That the permittee has failed to obtain or maintain all required City, county, and state licenses and permits;

That the permit is being used to conduct a use different from that for which it was issued;

That the building or structure in which the sexually oriented business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the Building Code, Plumbing Code (Chapter 105 of the City Code, as amended), or the Uniform Fire Code (Chapter 156 of the City Code, as amended);

That the permittee has failed to obtain a business license; or

That the permittee, if an individual, or any of the officers or general partners, if a corporation or partnership is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state as a sex or sex-related offense pursuant to RSA Chapter 571-B of Article LVIII and Chapters 632, 632-A, 649-A, 649-B, and 650 of Article LXII during the period of the adult establishment's operation; or

That the use for which the approval was granted has ceased to exist or has been suspended for six months or more.

False or misleading information or data was given on any application or material facts were omitted from any application.

The transfer of a land use permit shall automatically and immediately revoke the land use permit.

Except in the case of Subsection M(2) hereof, the Administrative Officer before revoking or suspending any license or permit shall give the operator or entertainer at least 10 days' written notice of the charges against him or her and the opportunity for a public hearing before the Board of Zoning Appeals at which time the operator or entertainer may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. The Board of Zoning Appeals shall notice and conduct a public hearing on the proposed permit revocation. Written notice shall be provided within at least 10 days prior to the hearing to all parties who have expressed their interest in writing. The revocation hearing shall be heard by the Board of Zoning Appeals. The Board of Zoning Appeals shall not be bound by the formal rules of evidence at the hearing. The Board of Zoning Appeals shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's land use permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this section as set forth in § 190-55L above, and the underlying zoning district in which the property is located. The Board of Zoning Appeals shall render its decision within 30 days of the public hearing. All other procedures before the Board of Zoning Appeals shall be governed by § 190-136 of this chapter.

Any operator or entertainer whose land use permit is revoked shall not be eligible to receive a license or permit for five years from the date of revocation. No location or premises for which a land use permit has been issued shall be used as a sexually oriented business for two years from the date of revocation of the land use permit.

Violations. Any person who violates any section of this § 190-55 shall be subject to the provisions of § 190-156 of this chapter.

Applicability to other regulations. The provisions of this section are not intended to provide exclusive regulation of the regulated sexually oriented uses. Such uses shall comply with any and all applicable regulations imposed in other articles of the Nashua Land Use Ordinance, other City ordinances and state and federal law.

Conduct constituting a public nuisance. The conduct of any business within the City in violation of any of the terms of this section is hereby found and declared to be a public nuisance, and the City Solicitor/Corporation Counsel or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such sexually oriented use and restrain and enjoin any person from conducting, operating or maintaining a sexually oriented use contrary to the provisions of this section.

§ 190-56 Shopping centers.

Purpose: This section is designed to improve the appearance and character of larger shopping centers. This section implements the following Master Plan recommendations:

Enhance existing commercial areas with improved landscaping, aesthetics, signage, nighttime light pollution, architectural design, traffic flow and coordination with abutting land uses whenever the opportunity presents itself. (Economic Development)

Require developers to set aside adequate amounts of accessible and usable recreational land within subdivisions and on large nonresidential tracts, where advisable, through the subdivision and site plan approval processes. (Conservation Element)

Applicability. This section applies to any of the following uses that include at least 30,000 square feet of gross floor area:

	Land Use Code
Use	LBCS Function	LBCS Structure	NAICS
Shopping center, community center (general merchandise with two or more anchors) including between 100,000 to 300,000 gross square feet of building area and between 10 to 30 acres of site area		2520	44-45
Shopping center, regional center (enclosed mall with two or more anchors) including between 400,000 to one million gross square feet of building area and between 10 to 100 acres of site area		2530	44-45
Shopping center, super-regional center (similar to regional, but has three or more anchors) including at least 500,000 gross square feet of building area and more than 100 acres of site area		2540	44-45
Shopping center/superstores, over 60,000 square feet	2500	2560	44-45
Shopping, fashion/specialty center (higher end, fashion-oriented stores)		2550
Shopping, home improvement center	2122	2592	444130
Shopping, malls, shopping centers, or collection of shops not otherwise enumerated		2500
Shopping, market shops including open markets		2260
Shopping, outlet or discount center (manufacturer outlet stores)		2580
Shopping, power center (category-dominated anchors with few small tenants), including between 250,000 to 600,000 gross square feet of building area and between 25 to 80 acres of site area		2560
Shopping, theme or festival center (leisure, tourist-oriented, restaurants)		2570

Site design. Bus stops, dropoff and pickup points shall be integrated with traffic patterns on the site.

Building design. See § 190-172.

Open space and parks.

At least two of the following amenities shall be provided in an open space area: ornamental fountains;

Ornamental lamp posts;

Stairways;

Waterfalls;

Sculptures;

Arbors;

Trellises;

Planted beds;

Drinking fountains;

Clock pedestals;

Awnings;

Canopies; or

Benches, picnic tables, or similar outdoor seating space.

Not less than one linear foot of seating shall be provided for each 50 square feet of open space. Seating dimensions shall comply with the requirements of the Americans with Disabilities Act.

§ 190-57 Temporary uses.

Purpose: This section restricts the impacts and permit times for temporary uses such as carnivals, Christmas tree sales, construction offices, and similar temporary uses.

This section applies to uses and structures that have only a seasonal or temporary duration, including those uses enumerated in Subsections E and F below, and flea markets, vegetable stands, Christmas tree sales, community festivals, fresh produce stands and temporary promotions by permanent businesses.

Any person wishing to establish a temporary use shall obtain a land use permit for such use.

The Administrative Officer shall make each of the following findings before issuing a zoning certificate for a temporary use:

The temporary use shall not be detrimental to the public health, safety or welfare, and is compatible with the purpose and intent of this Zoning Ordinance and the specific zoning district in which it is located.

The temporary use shall be compatible in intensity, characteristics and appearance with surrounding land uses. Factors such as location, access, traffic generation, noise, light, dust control and hours of operation shall be considered.

The temporary use shall comply with the general standards for the zoning district in which it is located, including but not limited to hours of operation, yard requirements, commercial vehicle parking and signs.

Adequate off-street parking shall be provided to serve the temporary use.

The Administrative Officer may impose such conditions on any proposed temporary use and require such guarantees as he or she deems reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this Zoning Ordinance and policies of the Comprehensive Plan.

The following temporary uses and structures shall be permitted in all zoning districts, except as otherwise specified below, provided such temporary use or structure shall comply with the regulations of the zoning district in which it is located and all other applicable regulations of this chapter.

The indoor or outdoor storage of building materials and equipment and temporary buildings for construction purposes may be allowed as a temporary use, provided that such storage or temporary building shall be located on the site under construction and shall not exceed the duration of such construction or one year, whichever is less. The Administrative Officer, upon written request, may for good cause shown grant extensions to this time limit.

Temporary real estate tract offices for the purpose of conducting the sale of lots of the tract upon which the tract office is located may be allowed as a temporary use, provided that such office shall be located on the tract for a period not to exceed one year. The Administrative Officer, upon written request, may for good cause shown grant extensions to this time limit.

Indoor or outdoor temporary amusement events, including the erection of tents for such event, may be allowed as a temporary use, provided that such use shall not exceed a duration of 15 days in one calendar year. In the residence and office residence districts, such temporary amusement events shall be located on institutional and public uses property only.

The seasonal outdoor sale of Christmas trees may be allowed as a temporary use in the following locations:

On vacant and developed properties within commercial zoning districts.

On properties with existing commercial businesses in noncommercial zoning districts where tree sales have occurred for at least five years as evidenced by vendors permits issued by the City Clerk's office. No zoning authorization shall be given to establish new sites.

On vacant properties in noncommercial zoning districts where the site has been used historically for tree sales.

Temporary business use. The Administrative Officer may approve the temporary use of a mobile home for living quarters, office, storeroom or shop in connection with construction work in any zoning district, provided that:

A permit for temporary business use is required from the Administrative Officer. To obtain a permit, the construction firm or its representative shall file a statement which shall include the name of the firm, its home office address, the estimated period of stationing requested and the proposed use of the mobile home. Such permit may be extended upon request for sufficient reason.

Any sanitary facilities to be used shall be sewer-connected to a disposal system approved by the Plumbing Inspector and the Health Officer.

AREA OF SPECIAL FLOOD HAZARD

The Administrative Officer shall be notified upon the removal of a mobile home stationed for a temporary business use.

§ 190-58 Utility structures.

See Part 6.

§ 190-59 Title.

This article, adopted pursuant to the authority of RSA 674:16, shall be known as the "City of Nashua Floodplain Development Ordinance."

§ 190-60 Applicability.

The regulations in this chapter shall overlay and supplement the regulations in Part 2 of this chapter and shall be considered part of Part 2 for purposes of administration and appeals under state law. If any provision of this chapter differs or appears to conflict with any provision of the Zoning Ordinance or other ordinance or regulation, the provision imposing the greater restriction or more stringent standard shall be controlling.

§ 190-61 District delineation.

[Amended 9-8-2009 by Ord. No. O-09-66; 3-8-2011 by Ord. No. O-11-52]

The following regulations in this chapter shall apply to all lands designated as special flood hazard areas by the Federal Emergency Management Agency (FEMA) in its "Flood Insurance Study for the County of Hillsborough, N.H." dated September 25, 2009, together with the associated Flood Insurance Rate Maps dated September 25, 2009, including the revised map panels 33011C0514E and 3011C0652E dated April 18, 2011, which are declared to be a part of this chapter and are hereby incorporated by reference, and any subsequent revisions thereto.

§ 190-62 Definition of terms.

The following definitions shall apply only to this Floodplain Development Ordinance, and shall not be affected by the provisions of any other ordinance of the City of Nashua.[1]

AREA OF SHALLOW FLOODING

A designated AO Zone on the Flood Insurance Rate Map (FIRM) with a one-percent or greater annual possibility of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

[Amended 9-8-2009 by Ord. No. O-09-66]

The land in the floodplain within the City of Nashua subject to a one-percent-or-greater possibility of flooding in any given year. The area is designated as Zone A, AO, and AE on the Flood Insurance Rate Map.

[Amended 9-8-2009 by Ord. No. O-09-66]

BASE FLOOD

The flood having a one-percent possibility of being equaled or exceeded in any given year.

BASEMENT

Any area of a building having its floor subgrade on all sides.

BUILDING

See "structure."

DEVELOPMENT (FLOOD MANAGEMENT)

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

[Amended 9-8-2009 by Ord. No. O-09-66]

FEMA

The Federal Emergency Management Agency.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters; or

The unusual and rapid accumulation or runoff of surface waters from any source.[2]

FLOOD INSURANCE RATE MAP (FIRM)

The official maps incorporated with this chapter, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the City of Nashua.

FLOOD INSURANCE STUDY

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide or flood-related erosion hazards.

[Amended 9-8-2009 by Ord. No. O-09-66]

FLOODPLAIN or FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source. (See definition of "flooding.")

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents.

FLOODWAY

See "regulatory floodway."

FUNCTIONALLY DEPENDENT USE

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking and port facilities that are necessary for the loading/unloading of cargo or passengers, and ship building/repair facilities but does not include long-term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

MANUFACTURED HOME PARK OR SUBDIVISION

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" includes park trailers, travel trailers, and other similar vehicles placed on site for greater than 180 consecutive days. This includes manufactured homes located in a manufactured home park or subdivision.

[Amended 9-8-2009 by Ord. No. O-09-66]

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

[Added 9-8-2009 by Ord. No. O-09-66]

MEAN SEA LEVEL

The National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a communities Flood Insurance Rate Map are referenced.

NEW CONSTRUCTION

For the purpose of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvement to such structures.

[Added 9-8-2009 by Ord. No. O-09-66]

ONE-HUNDRED-YEAR FLOOD

See "base flood."

RECREATIONAL VEHICLE

A vehicle that is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REGULATORY FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation. These areas are designated as floodways on the Flood Insurance Rate Map.

[Amended 9-8-2009 by Ord. No. O-09-66; 5-11-2021 by Ord. No. O-21-058]

SPECIAL FLOOD HAZARD AREA

See "area of special flood hazard."

[Amended 9-8-2009 by Ord. No. O-09-66]

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

START OF CONSTRUCTION

Includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its prior condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any combination of repairs, reconstruction, alteration, or improvements to a structure in which the cumulative cost equals or exceeds 50% of the market value of the structure. The market value of the structure should equal:

The appraised value prior to the start of the initial repair or improvement; or

In the case of damage, the value of the structure prior to the damage occurring.

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage, regardless of actual repair work performed. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's Floodplain Management Regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

[Added 9-8-2009 by Ord. No. O-09-66]

WATER SURFACE ELEVATION

The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains.

Editor's Note: See also § 190-264, Definitions.

Editor’s Note: The former definitions of "Flood Boundary and Floodway Map (Floodway Map)" and "flood elevation study," which immediately followed this definition, were repealed 9-8-2009 by Ord. No. O-09-66.

§ 190-63 Construction requirements.

[Amended 5-11-2021 by Ord. No. O-21-058]

The Department of Building Safety shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in a special flood hazard area, all development shall:

Be designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

Be constructed with materials resistant to flood damage;

Be constructed by methods and practices that minimize flood damages;

All nonresidential development: be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

All residential development, including new construction, placements of new manufactured homes, and substantial improvements, be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities that are located at least one foot above base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding.

§ 190-64 Water and sewer systems.

[Amended 5-11-2021 by Ord. No. O-21-058]

Where new or replacement water and sewer systems (including on-site systems) are proposed in a special flood hazard area, the applicant shall provide the Administrative Officer with assurance that these systems will be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems will be located at least one foot above the base flood elevation to avoid impairment to them or contamination from them during periods of flooding.

§ 190-65 Certification.

[Amended 9-8-2009 by Ord. No. O-09-66; 5-11-2021 by Ord. No. O-21-058]

For all new or substantially improved structures located in Zones A, AE or AO, the applicant shall furnish the following information to the Department of Building Safety:

The Elevation Certificate stating as-built elevation (in relation to NAVD88) of the lowest floor (including basement) and include whether or not such structures contain a basement.

If the structure has been floodproofed, the as-built elevation (in relation to NAVD88) to which the structure was floodproofed.

Any certification of floodproofing.

The Department of Building Safety shall maintain the aforementioned information for public inspection, and shall furnish such information upon request in accordance with NH RSA 91-A..

§ 190-66 Other permits.

[Amended 9-8-2009 by Ord. No. O-09-66]

All proposed development in any special flood hazard area shall require a permit. The Administrative Officer shall not grant a building permit until the applicant certifies that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U. S.C. 1334.

§ 190-67 Watercourses.

Notice. In riverine situations, prior to the alteration or relocation of a watercourse the applicant for such authorization shall notify the Wetlands Bureau of the New Hampshire Environmental Services Department and submit copies of such notification to the Administrative Officer, in addition to the copies required by RSA 482-A:3. Further, the applicant shall submit copies of said notification to those adjacent communities as determined by the Administrative Officer, including notice of all scheduled hearings before the Wetlands Bureau.

Certification. The applicant shall submit to the Administrative Officer, a certification provided by a registered professional engineer, assuring that the flood carrying capacity of an altered or relocated watercourse can and will be maintained.

Watercourses within regulatory floodways. Along watercourses with a designated regulatory floodway, no encroachments, including fill, new construction, substantial improvements, and other development, are allowed within the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in flood levels within the community during the base flood discharge.

[Amended 9-8-2009 by Ord. No. O-09-66]

Until a regulatory floodway is designated along watercourses, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone AE on the FIRM, unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

[Amended 9-8-2009 by Ord. No. O-09-66]

The Administrative Officer shall obtain, review and reasonably utilize any floodway data available from federal, state or other sources as criteria for requiring that all development located in Zone A meet the following requirement:

[Added 9-8-2009 by Ord. No. O-09-66]

No encroachments, including fill, new construction, substantial improvements, and other development are allowed within the floodway that would result in any increase in flood levels within the community during the base flood discharge.

§ 190-68 Special flood hazard areas.

Determination of flood elevation. In special flood hazard areas the Administrative Officer shall determine the one-hundred-year flood elevation in the following order of precedence according to the data available:

In Zone AE, refer to the elevation data provided in the community's Flood Insurance Study and accompanying FIRM.

[Amended 9-8-2009 by Ord. No. O-09-66]

In Zone A, the Administrative Officer shall obtain, review, and reasonably utilize any one-hundred-year flood elevation data available from any federal, state or other source, including data submitted for development proposals submitted to the community (i.e., subdivisions, site approvals). Where a 100-year flood elevation is not available or not known, the flood elevation shall be determined to be at least two feet above the highest adjacent grade.

[Amended 9-8-2009 by Ord. No. O-09-66; 5-11-2021 by Ord. No. O-21-058]

In Zone AO, the flood elevation is determined by adding the elevation of the highest adjacent grade to the depth number specified on the FIRM or, if no depth number is specified on the FIRM, at least two feet.

Criteria. The Administrative Officer's one-hundred-year flood elevation determination will be used as criteria for requiring in Zones A, AE and AO that:

[Amended 9-8-2009 by Ord. No. O-09-66; 5-11-2021 by Ord. No. O-21-058]

All new construction or substantial improvement of residential structures have the lowest floor (including basement) elevated at least one foot above the 100-year flood elevation.

That all new construction or substantial improvements of nonresidential structures have the lowest floor (including basement) elevated at least one or two feet above the one-hundred-year flood level depending on the Flood Design Class (one foot for Flood Design Classes 1, 2 and 3 and two feet or the 500-year flood elevation, whichever is higher for Flood Design Class 4) or to the design flood elevation, whichever is higher or, together with attendant utility and sanitary facilities, shall:

Be floodproofed so that below the one-hundred-year flood elevation the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section.

All manufactured homes to be placed or substantially improved within special flood hazard areas shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least one foot above the base flood level; and be securely anchored to resist floatation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

All recreational vehicles placed on sites within Zones A and AE shall either:

Be on the site for fewer than 180 consecutive days;

Be fully licensed and ready for highway use; or

Meet all standards of Section 60.3(b)(1) of the National Flood Insurance Program Regulations and the elevation and anchoring requirements for manufactured homes in Paragraph (c)(6) of Section 60.3.

For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding are permitted, provided that they meet the following requirements:

The enclosed area is unfinished or flood-resistant, usable solely for the parking of vehicles, building access or storage;

The area is not a basement;

Shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwater.

Proposed structures to be located on slopes in special flood hazard areas, Zones AH and AO shall include adequate drainage paths to guide floodwaters around and away from the proposed structures.

§ 190-69 Special requirements for subdivisions and site plans.

The requirements of this article apply to applications for subdivision and site plan approval. Requirements for subdivisions/site plans having land designated as special flood hazard areas (SFHA) by the National Flood Insurance Program (NFIP) are as follows:

The Planning Board shall review the proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.

The Planning Board shall require that all proposals for development greater than 50 lots or five acres, whichever is the lesser, include base flood elevation (BFE) data within such proposals (i.e., floodplain boundary and one-hundred-year flood elevation).

The Planning Board shall require the applicant to submit sufficient evidence (construction drawings, grading and land treatment plans) so as to allow a determination that:

All such proposals are consistent with the need to minimize flood damage;

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided so as to reduce exposure to flood hazards.

§ 190-70 Variances and appeals.

Appeals. Any order, requirement, decision or determination of the Administrative Officer made under this chapter may be appealed to the Zoning Board of Adjustment as set forth in RSA 676:5 and Part 3 of this chapter.

Variances. If the applicant, upon appeal, requests a variance as authorized by RSA 674:33, the applicant shall have the burden of showing in addition to the usual variance standards under state law that:

[Amended 5-11-2021 by Ord. No. O-21-058]

The variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense.

If the requested variance is for activity within a designated regulatory floodway, no increase in flood levels during the base flood discharge will result.

The variance is the minimum necessary, considering the flood hazard, to afford relief.

Notice to applicant.

The Zoning Board of Adjustment shall notify the applicant in writing that:

The issuance of a variance to construct below the base flood level will result in increased premium rates for flood insurance; and

Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with a record of all variance actions.

Records. The Administrative Officer shall:

Maintain a record of all variance actions, including the justification for their issuance; and

Report such variances issued in its annual or biennial report submitted to FEMA's Federal Insurance Administrator.

§ 190-71 Authority.

This article is adopted pursuant to New Hampshire RSA 674:17, 674:21, 674:35, 674:36, 674:43, and 674:44.

§ 190-72 Intent and purpose.

This article is intended to:

Implement and be consistent with the City of Nashua's Master Plan and capital improvement program and zoning, site plan and subdivision regulations;

Allocate a fair and equitable share of the cost of certain new public facilities for education to new development;

Require new development to contribute some of its proportionate share of funds spent or to be spent by the City to accommodate the new development's impact on certain public facilities for education having a rational nexus to the new development; and

Implement the relevant portions of the Nashua subdivision regulations and site plan review regulations.[1]

Editor's Note: See Part 3, Procedures, particularly Articles XVI (§ 190-138 et seq.) and XVII (§ 190-146 et seq.), regarding subdivision and site plan procedures, respectively.

§ 190-73 Findings.

The City of Nashua finds, determines and declares that:

The City of Nashua is committed to the provision of public educational facilities and services at levels necessary to support continued residential and nonresidential growth and development, including low- and moderate-income housing.

Such facilities and services have been and will, in appropriate cases, be provided by the City utilizing funds consistent with the capital improvements program and other plans and programs adopted by the City.

Recent and anticipated growth rates would necessitate an excessive expenditure of public funds in order to maintain adequate facility standards and to promote and protect the public health, safety and welfare.

Each of the types of new development described in this Public Schools Capital Facilities Impact Fee Ordinance will create a need for the construction, equipping, or expansion of public capital facilities for education.

The imposition of impact fees is one of the methods of ensuring that public expenditures are not excessive, and that new development bears a proportionate share of the cost of public capital facilities necessary to accommodate such development.

The fees set forth in the Public Schools Capital Facilities Impact Fee Table are derived from, and do not exceed the cost of:

Providing additional public capital facilities for education necessitated by or benefiting the new development for which the fees are levied; or

DETACHED SINGLE-FAMILY CONDOMINIUM

Compensating the City of Nashua for expenditures made for existing public facilities for education that were constructed in anticipation of new growth and development.

This article sets forth and is based upon a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs of public capital educational facilities in the City of Nashua and provides a rational nexus between new development and the assessment of fees pursuant to this article. The AER report was considered in developing this article.

§ 190-74 Applicability and rules of construction.

This article shall be uniformly applicable to all new development that occurs within the corporate boundaries of the City of Nashua. This article does not apply to capital infrastructure other than schools and it is not intended to eliminate, reduce or limit impact or other development fees that may be collected or collectible by the City, the collection of which is hereby continued to be authorized, on account of the need for other infrastructure occasioned by development, including, without limitation, those roads, sewers, street lighting, sidewalks, police and fire services, City government and public works services, or any other thing.

§ 190-75 Definitions.

For purposes of this article, the following special definitions shall apply:

AER REPORT

The report entitled "Analysis of Development Impact Fees in Nashua," October 1994, prepared by Applied Economics Research, Inc.

DETACHED SINGLE-FAMILY

A residential building containing not more than one dwelling on a single lot.

A residential use consisting of two or more single-family detached dwellings on a single lot.

DUPLEX

See Article XLII, § 190-264.

[Amended 8-8-2017 by Ord. No. O-17-036]

DWELLING

See Article XLII, § 190-264.

FEEPAYER

The person (as defined in RSA 424:1, V) who has applied for the issuance of a building permit.

LIVING AREA

Those areas (in square feet) of a dwelling suitable for year-round occupancy, not including unfinished basements, decks, garages, three-season porches, or unfinished attics.

MANUFACTURED HOUSING

See the definition outlined in RSA 673:31.

See Article XLII, § 190-264.

MULTIFAMILY DWELLING

See Article XLII, § 190-264.

NEW DEVELOPMENT

Any building permit application that is submitted to the City that results in:

The construction of a new dwelling(s);

The conversion of an existing nonresidential use to a dwelling(s).

New development does not include:

The reconstruction of a structure that has been destroyed by fire or natural disaster, and natural deterioration, provided that there is no change in the size, density, or use of the structure;

The replacement of a manufactured home; or

The construction of an accessory structure to a dwelling that would not increase the demand for public capital educational facilities by the owner or user of the dwelling.

PUBLIC CAPITAL FACILITIES

The addition/renovation(s) to an existing dwelling(s).

All assets, facilities, and equipment relating to public education services that are described in RSA 674:21, V.

TOWNHOUSE

At least two dwellings that share a common wall in which each dwelling has living space on the ground floor and a separate, ground-floor entrance.

§ 190-76 Assessment of impact fees.

Any person who seeks to undertake new development within the City of Nashua, New Hampshire, shall be liable to pay impact fees in the manner and amount set forth in §§ 190-77 and 190-78 of this article.

The exact impact fee due and payable at issuance of a certificate of occupancy will be determined prior to the issuance of the building permit with the applicant being notified of such.

§ 190-77 Computation of the amount of impact fees.

The amount of the impact fee shall be determined by multiplying the livable area by the appropriate dwelling fee appearing in the table below.

Table 77-1 Impact Fee Table
Residential (per dwelling)	School Facilities (per square feet)	Maximum Fee Possible
Detached single family	$1.00	$3,600
Manufactured housing	$0.50	$1,800
Attached townhouse duplex dwellings detached single family Condo (condominium or apartment)	$0.50	$1,100
Multifamily dwelling (garden-style or multistory condominium or apartment)	$0.50	$500
All other	$0.50	$500

Section 190-15, Permitted uses, shall be used by the Administrative Officer to determine which fee category applies to development. If the type of proposed new development is not specified, the Administrative Officer shall establish applicable impact fees by using the most nearly comparable type of land use listed in § 190-15. The decision of the Administrative Officer may be appealed to the Planning Board.

In the case of a change of a nonresidential use to a residential use, the impact fee shall be assessed per Subsection A.

In the case of a change from one type of residential use to another type of residential use, the impact fee shall be the difference (if positive) between the calculation of the impact fee for the existing use and the calculation of the impact fee for the new use.

§ 190-78 Payment of impact fee.

The feepayer shall pay the impact fee required by this article to the City of Nashua prior to the issuance of a certificate of occupancy.

All unpaid fees shall constitute a lien on the affected property and an obligation of the property owner, and may be collected in the same manner as uncollected property taxes. The lien shall run with the land.

§ 190-79 Administration of funds collected.

All impact fees collected shall be held by the City Treasurer and shall be properly identified by and promptly transferred for deposit in the appropriate public capital educational facilities impact fee accounts as determined in § 190-80 of this article and used solely for the purposes specified in this article. Impact fee accounts shall be special revenue fund accounts, and under no circumstances will impact fee revenues accrue to the general fund.

§ 190-80 Custody and maintenance of fund accounts.

There are hereby established one separate public capital educational facilities impact fee account: the School Facilities Account. This shall be a nonlapsing, interest-bearing account that is not commingled with other City funds.

At the end of each fiscal year, the City Treasurer shall make a report giving a particular account of all impact fee transactions during the year. Said report may be a portion of the City's annual report or audit.

Funds withdrawn from this account must be used in accordance with the provisions of §§ 190-81, 190-82 and 190-83.

The City Treasurer shall have custody of all accounts and shall pay out the same only upon written request of the Mayor and Board of Aldermen.

§ 190-81 Use of funds.

Funds withdrawn from any of the public capital educational facilities impact fee accounts shall be used solely for the purpose of acquiring, constructing, equipping, or making improvements to the particular public capital educational facilities for which the account is designated or for making refunds as provided in § 190-82 of this article.

In the event that bonds or similar debt instruments have been issued for public capital educational facilities that were constructed in anticipation of current growth, or are issued for advance provision of public capital facilities for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type for which the impact fees were collected.

The periodic updates of the City's capital improvement program shall contain a methodology for assigning funds, including any accrued interest, from the public capital educational facilities impact fee accounts to specified public capital educational facilities improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period, shall be retained in the same public capital educational facilities impact fee accounts until next fiscal period except as provided in § 190-82 of this article.

§ 190-82 Refund of fees paid.

The current owner of record of property for which an impact fee has been paid shall be entitled to a refund of that fee, plus accrued interest where:

The building permit has expired without the commencement of construction, the voiding of a building permit, or the project for which the building permit has been issued has been altered, resulting in a decrease in the amount of the impact fee due.

The impact fee has not been expended or encumbered for public capital facilities for which it was collected within the period of six years from the payment of the impact fee.

In the event of transfer of title to land from an owner who has paid an impact fee to a new owner, the parties to said conveyance shall be responsible for allocating any potential refund between themselves, as the City shall only be responsible for paying over any statutorily required refund to the then current property owner.

§ 190-83 Credits against payment of impact fees.

The Board of Aldermen may abate the impact fee in whole or in part, if the feepayer elects to construct, at their expense, the public capital facility listed in the capital improvements program. If the feepayer elects to make such an improvement, the feepayer must enter into an agreement with the City prior to the issuance of a building permit. In no event shall the City provide a credit in an amount greater than the applicable impact fee.

§ 190-84 Additional requirements.

Payment of impact fees does not restrict the City to require a feepayer to pay for or provide other municipal public improvements, fees, assessments or charges that are allowed by law in accommodating new development such as road improvements, sewer fees and charges, sidewalks, government service fees, easements, of other reasonable requirements.

§ 190-85 Waiver of impact fee.

An applicant may petition the Board of Aldermen for a full or partial waiver of the fee imposed by this article if the proposed new development consists of low- or moderate-income housing or elderly housing which can be reasonably expected not to require additional educational facilities. For purposes of this section, "low-income housing" is housing considered low-income housing by federal legislation and regulations governing eligibility for housing assistance. The Planning Board and Administrative Officer shall evaluate the request and forward written findings and recommendations to the Mayor and Board of Aldermen for consideration. The amount of the impact fee waived shall be proportional to the amount of the new development which is dedicated to low-income or elderly housing.

§ 190-86 Planning Board authority.

Nothing in this article shall be construed so as to limit the existing authority of the Planning Board to provide against development which is scattered or premature, requires an excessive expenditure of public funds for capital facilities or improvements that are not public capital facilities, or otherwise violates the City of Nashua's site plan review regulations, subdivision regulations, or Zoning Ordinance.

§ 190-87 Appeals.

Any application or administration decision of this article shall be appealed to the Planning Board.

§ 190-88 Applicability.

Generally.

All public and private outdoor lighting installed in the City of Nashua shall be in conformance with the requirements established by this article.

This section does not apply to applications within the D-1 or D-3 Downtown Zoning Districts, except as provided in § 190-20B(7).

Waivers. A waiver from the requirements of this section may be filed with the Planning Board pursuant to § 190-148.

Exceptions.

Any luminaire with a lamp or lamps rated at a total of 1800 lumens or less, and all flood or spot luminaries with a lamp or lamps rated at 900 lumens or less, may be used without restriction to light distribution or mounting height, except that if any spot or flood luminaire rated 900 lumens or less is aimed, directed, or focused so as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.

Luminaires used for public street illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.

All temporary lighting required for construction projects, related to road construction and repair, installation of sewer and water facilities, and other public infrastructure.

All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this article.

All hazard warning luminaires required by federal regulatory agencies are exempt from the requirements of this article, except that all luminaries used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task.

Subject to the restrictions of the sign provisions of this chapter,[1] luminaires used primarily for sign illumination may be mounted at any height to a maximum of 25 feet, regardless of lumen rating.

Editor's Note: See Art. X, Signs, of this chapter.

Luminaires used for the lighting of areas used exclusively or primarily for outdoor recreation may be mounted at any height.

§ 190-89 Control of glare; luminaire design factors.

Light levels shall not exceed 0.2 footcandles at any property line. This subsection does not apply if any property line that separates two or more lots or parcels under common ownership or similar adjacent uses, including:

Multiple and single lots held in common ownership and separate ownership that are subject to a common site plan approval; and

Contiguous parcels, with or without an approved site plan (common to both or separate), that share common access or parking.

Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens, shall not emit more than 3% direct light above a horizontal plane through the lowest direct-light-emitting part of the luminaire.

Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens, 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 luminaire shall not exceed 25 feet.

Any temporary outdoor lighting that conforms to the requirements of this section of this section is permitted.

The applicant shall submit a lighting plan as required by § 190-275.

§ 190-90 Nonconforming lighting.

Nonconforming luminaires. All luminaires lawfully in place prior to the effective date of this section of the chapter may continue to be used. However, any luminaire that replaces a nonconforming luminaire or any nonconforming luminaire that is moved must meet the standards of this section of the chapter.

Nonconforming temporary outdoor lighting. Nonconforming temporary outdoor lighting may be permitted by conditional use permit from the Planning Board under the approval criteria listed in § 190-133 and after considering:

The public and/or private benefits that will result from the temporary lighting;

Any annoyance or safety problems that may result from the use of the temporary lighting; and

The duration of the temporary nonconforming lighting.

The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Planning Board.

§ 190-91 Short title.

This article shall be known as the "Sign Ordinance of Nashua, New Hampshire."

§ 190-92 Interpretation.

Definitions. The "Applicability" subsection of each sign structure described in §§ 190-96 to 190-110 provides a definition of the type of sign subject to this section. See § 190-264 for additional definitions. To the extent that a provision of this article and another section of the Code of the City of Nashua conflict, the provisions of this article control.

No content restrictions. Notwithstanding any other provision of this chapter, no sign shall be subject to any limitation based on the content of the message contained on such sign. Any sign authorized in this article may contain any noncommercial copy in lieu of any other copy.

§ 190-93 Prohibited signs.

Any sign not specifically authorized by this chapter is prohibited unless required by law. The following signs and conditions are prohibited:

Any sign located within, on, or projecting over a property line which borders a public or private street, highway, alley, lane, parkway, avenue, road, sidewalk, or other right-of-way, except as provided in this chapter. The Administrator may cause to be removed any temporary or portable sign erected or displayed upon or projecting into public property. This subsection shall not be interpreted so as to prohibit any umbrella, awning, or canopy displaying advertising signage from being used and erected in connection with outdoor dining so long as vehicular and pedestrian traffic is not obstructed thereby.

[Amended 7-14-2020 by Ord. No. O-20-023]

Any sign attached to any public utility pole or structure, streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property, except as provided herein.

Any sign placed, which by reason of its location, will obstruct the view of any authorized traffic sign, signal or other traffic control device or which by reason of shape, color, or position interferes with or could be confused with any authorized traffic signal or device.

Any sign which is placed so as to prevent or inhibit free ingress to or egress from any door, window, or any exit way required by the Building Code or the Fire Code.[1]

Editor's Note: See Ch. 105, Building Construction, and Ch. 156, Fire Prevention.

Any flashing sign or other sign or lighting device, whether on the exterior of the building, or on the inside of a window which is visible beyond the boundaries of the lot or parcel, or from any public right-of-way, with intermittent, flashing, rotating, scintillating, blinking, or strobe light illumination, including an electronic message device, except as provided in § 190-97B, or the regulations applicable to a particular sign structure.

Any sign with unshielded incandescent, metal halide, or fluorescent light bulbs.

Any sign which emits audible sound, odor, smoke, steam, laser or hologram lights, or other visible matter, including any sign that employs any stereopticon or motion-picture projection.

Any sign animated by any means, including fixed aerial displays, balloons, pennants, including strings of flags, streamers or devices affected by the movement of the air.

Any rotating sign.

Any banners or temporary signs, except as provided for in § 190-106.

Any portable sign or attention-getting device, including but not limited to sandwich, A-frame, tire rim, animated sign, stuffed animal, or vehicle used as a sign or sign structure; and/or string of lights arranged in the shape of a product, arrow, or any commercial message, except as provided for in § 190-106, or where permitted in the D Downtown District. A-frame signs may be used on a public sidewalk in the D Downtown District where approved by the Board of Public Works.

Any sign mounted, attached or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on the public right-of-way or private premises in a manner intended to attract attention of the public for advertising purposes. Such signs or devices are considered portable signs within the meaning of these regulations and are prohibited. This provision expressly excludes business signs that are permanently painted on or magnetically attached to motor vehicles or rolling stock that are regularly and consistently used to conduct normal business activities.

Any sign painted, attached or mounted on fuel tanks, outdoor storage containers and/or solid waste receptacles or their enclosures.

Any unauthorized sign attached to existing signs, outdoor light poles, or other structures.

§ 190-94 Sign permits.

Applicability. No sign may be established without a sign permit issued by the Administrator, unless exempted by this subsection.

Permit not required. The following signs do not require sign permits and are permitted in all zoning districts:

Signs installed by government bodies.

Utility signs.

Real estate signs not to exceed eight square feet for single-family residential properties, 16 square feet for multifamily residential properties and 32 square feet for all other uses in all other zoning districts. Real estate signs are limited to one per each side of the property abutting a public right-of-way and must be removed within 30 days after the sale, rental or lease.

National, state or corporate flags. Corporate flags shall not exceed a maximum area of 40 square feet.

Nameplates and historic markers, a maximum area of two square feet.

Building name sign, a maximum sign area of 12 square feet.

Alterations that include repainting, changing copy, or replacement of the existing sign face, except this shall not apply to signs located in the Historic District.

[Amended 11-13-2012 by Ord. No. O-12-024]

(Reserved)[1]

Editor's Note: Former Subsection B(8), Signs that are clearly shown on a site plan approved by the Planning Board, was repealed 5-9-2023 by Ord. No. O-23-051.

Charitable and public service signs.

Political signs.

Contractor signs not to exceed 32 square feet, except on projects that exceed one acre in size where the maximum sign area shall be 64 square feet. Such sign shall be removed within 30 days after completion of the project.

(12)

Directional, directory and on-site, internal, traffic control signs in accordance with § 190-100.

(13)

Temporary signs, no greater than 12 square feet, advertising on-site employment opportunities.

(14)

Signs affixed to the interior side of a window so as to be visible from the exterior that advertise products or services available within the building, prices, payment methods, or sales. However, such signs shall not cover more than 25% of the total visible window area.

(15)

Lettering, logos or graphics affixed to products or packaging displayed for on-site sales.

(16)

Lettering, logos or graphics identifying or describing products or their manufacturers, vendors or distributors which are affixed to the exterior of equipment such as vending machines, gasoline pumps and other similar equipment.

(17)

Lettering, logos or graphics affixed to registered motor vehicles or equipment that identify the business owners or operators of the vehicle or equipment or their manufacturers.

(18)

Temporary signs, which advertise garage or yard sales or lost pets.

(19)

On-site temporary signs advertising the opening of a new business.

(20)

Customary signs that give warning, no larger than two square feet in area, bearing messages such as "Beware of Dog" or "No Trespassing."

Initiation. A sign permit application shall be submitted to the Administrative Officer. The application shall include a sign plan as set forth in Article XLIII.

Completeness review. The Administrative Officer shall determine whether the sign permit application is complete (as provided in § 190-125) within 10 days after the application is filed.

Notice. No notice is required for a sign permit application.

Decision.

The Administrative Officer shall approve or deny the application within the time periods prescribed below after it is determined to be complete. Applications found to be incomplete shall be denied. If the application is denied, the Administrative Officer shall provide notice to the applicant in writing, which notice shall explain any deficiencies in the application and how an applicant may proceed under this section and Part 3 of this chapter.

Upon a finding by the Administrative Officer that the application complies with the provisions of this article, the Administrator shall cause to be issued a sign permit for installation by the applicant. Such issuance shall be made within 15 working days of the City's receipt of the completed application unless a variance is requested.

If a sign permit for the sign location or design applied for shall be denied, the applicant shall be notified within 15 working days of the City's receipt of the completed application. The Administrator shall advise the applicant of the specific cause of such denial, and may suggest alternative locations or design modifications.

Any aggrieved individual may appeal the decision of the Administrative Officer regarding the interpretation of this article or subsequent action with respect to the issuance or denial of a permit. All appeals must be submitted within 30 calendar days after a decision or action. The Zoning Board of Adjustment shall consider the appeal and shall render a decision approving or denying the sign application within 45 days after the notice of appeal is filed. If a decision is not rendered within this time period, the application shall be deemed approved.

Approval criteria. The Administrative Officer shall issue the requested sign permit if the sign permit application complies with this article. Otherwise the Administrative Officer shall deny the sign permit application as specified above in § 190-94F(1).

Subsequent applications. When a sign permit application is denied by the Administrative Officer, an applicant may resubmit the application when the specific cause(s) for denial by the Administrative Officer have been addressed in a revised application. The revised sign permit application must include revised drawings, measurements, illumination, and any other items required by Article XLIII to remedy the causes for initial denial.

Amendments. No new sign or modification of the size, materials, or design characteristics of a sign shall occur unless a new sign permit is issued in accordance with the procedures established in Subsections A through F above.

Scope of approval. Following issuance of a sign permit, the applicant shall comply with the requirements of the Sign Ordinance.

§ 190-95 Sign requirements by district.

Number of signs per district. The maximum cumulative number and maximum cumulative area of all sign structures permitted for any lot, parcel or business within a zoning district is set forth in the following sections.

Exemption. This section does not apply to political signs or any other sign displaying a noncommercial message.

Historic District.

Purpose and findings: the Historic District is an overlay district distinguished by a large number of houses of the late Federal, Greek Revival, Italianate, second Empire and Queen Anne styles of architecture, and some Italianate commercial buildings. The scale, type and materials of signs should respect the unique character of the district and architectural integrity of the historic structures.

The following signage is not permitted within the Historic District:

Internally illuminated signs.

Electronic message centers.

Portable, changeable copy signs.

Flashing signs and changing signs (electronic).

Any change to the size, location, design, color, texture, lighting, materials or outer appearance of a sign will require a sign permit, and Historic District Commission review for approval.

[Added 11-13-2012 by Ord. No. O-12-024]

§ 190-96 Sign structure standards.

Sections 190-97 through 190-108 contain standards for different types of sign structures. These standards regulate the dimensions, location and design of signs based upon their structural characteristics or location. Each section follows a common format in order to enhance readability.

§ 190-97 Changing signs.

Applicability. This section applies to any sign that is either electronically or electrically controlled to illustrate different copy changes on the same sign. This sign's message may be changed by electronic switching or automatic switching of lamps or alteration in the level of illumination or other illumination source to form words, letters, designs, figures, numerals and pictures often through the apparent vertical or horizontal movement of light. Such signs shall not include a flashing light source. In the case of a changing sign (electronic), "flashing" shall be defined as an interval of illumination less than five seconds in duration. These signs are commonly used to display time, temperature, date and message centers or reader boards, indexing signs, and those known as electronic message centers.

Electronic message center. Where electronic message centers are permitted, they shall be subject to all of the following restrictions:

The changing sign (electronic) may not exceed 50% of the area of the sign or 52 square feet, whichever is smaller.

The changing sign (electronic) shall be restricted to three lines of text only, and no additional symbols, graphics or images shall be allowed. Signs which are restricted to the display of the current local time and the current local temperature shall be restricted to one line of text.

All illumination elements on the face of a changing sign (electronic) shall remain at a fixed level of illumination for a period of not less than five seconds.

Changes from one message to another shall be accomplished by the change of all illumination elements on the face of a changing sign (electronic) simultaneously, with the provision that the sign may fade to complete darkness and then re-illuminate with or fade to the new message.

Changing signs (electronic) shall be equipped with the ability to adjust the brightness of the sign and shall not be operated at a brightness which is substantially greater than other sources of illumination in the area.

The applicant for a sign permit for a changing sign (electronic) under the provisions of this chapter shall provide with his application an affidavit, sworn or attested by the land owner and by the applicant, attesting to the facts that:

The sign to be installed meets all of the criteria set forth in this chapter; and

That the sign shall be operated in a manner consistent with the criteria set forth in this chapter; and

That the land owner and applicant agree to be held liable, separately or collectively, if these provisions are not met, for any fines arising from such violation. This provision shall not be construed to relieve any other responsibility or remedy for such violation set forth in this chapter.

§ 190-98 Awning, canopy and marquee signs.

Applicability. Nonelectric awning, canopy and marquee signs are permitted in all nonresidential zoning districts. A building permit is required.

R-B and R-C Districts. In the R-B and R-C Districts, an awning or canopy sign not exceeding five feet in horizontal width is permitted for quadruplexes and apartments.

Copy area.

The copy area on any awning sign, canopy sign, electronic awning sign, or marquee sign is computed as all or a portion of the allowed wall sign area.

Copy located on the canopy or awning sign shall not exceed 1/2 of the area bounded by the edges of the canopy or awning visible from the public right-of-way. If copy is only found in fringe drip-flap portion of the canopy, the entire portion of said area may be utilized for signage.

Right-of-way. If the awning or canopy sign projects into the right-of-way, an encroachment permit may be required by the Board of Public Works.

Electric awning signs.

A fireproof space frame structure with translucent covering designed in awning form, but whose purpose and use is signage. Such signs are internally illuminated by fluorescent or other light sources in fixtures approved under national and local Electrical Codes.

Electric awning signs shall be located on multistory buildings between the first- and second-story windows or, on single-story buildings, above the first-story windows. Electric awning signs located on multiple storefronts shall be allowed copy space no more than 80% of the individual storefront width, in order to maintain adequate separation between tenant spaces.

Height/clearance. Awning, canopy and marquee signs shall not exceed five feet in height and shall maintain a minimum of eight feet clearance.

§ 190-99 Banner sign.

Applicability. A banner sign is a temporary sign of lightweight material (paper, plastic or fabric) hung either with or without frames. A permanent banner sign is a sign constructed of lightweight material (paper, plastic or fabric) attached by means of rigid frames to a pole in a permanent or semipermanent fashion.

Comment: Flags and insignias containing markings of any government, corporation or business are not considered banners, and are defined separately as flags.

Generally. Permanent banner signs are only permitted on properties that have a minimum of 10,000 square feet of exterior display space for retail sales as delineated on a site plan approved by the Nashua Planning Board in accordance with Part 3, Procedures, of this chapter and only if they meet the following conditions:

Signs must be located within an outside display area as delineated on an approved site plan.

Properties containing at least 10,000 square feet of outside display area for retail sales shall be allowed to install no more than two such signs.

One additional sign shall be permitted for each additional 10,000 square feet of outside display area, to a maximum of four per property.

Size. Each sign shall be no larger than nine feet in the vertical dimension and no larger than three feet in the horizontal dimension.

Location and orientation. Such signs shall be installed on single vertical poles, in a vertical orientation. Such signs shall be located 10 feet further from a public right-of-way than any permanent ground sign on the property. Signs must be located within an outside display area as delineated on an approved site plan. No permanent banner sign shall be located closer than 100 feet to any other such sign.

Table 99-4 Banner Signs
		Zoning District
Standard		Residential	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	N	P	P	P	N	N	N
B.	Permit required?	—	—	Y	Y	—	—	—
C.	Number per site	0	0	2	2	0	0	0
Dimensions
E.	Area per sign	—	—	27	27	—	—	—
F.	Height	—	—	9	9	—	—	—
Location
G.	Clearance (minimum)	—	—	7	7	—	—	—
H.	Clearance (maximum)	—	—	20	20	—	—	—
I.	Right-of-way setback	—	—	20	20	—	—	—

§ 190-100 Directional signs.

Applicability. A "directional sign" means a sign that is necessary for on-site public safety and convenience. Examples include signs located next to a driveway and reading "in," "out," "entrance," "parking," or "exit."

Supplemental standards for directional signs.

These signs are allowed in addition to other permitted signage on site.

A sign permit is required for directional signs that are setback less than 15 feet from a property line, or located so as to be visible from a public right-of-way.

Directional signs may be located adjacent to a driveway, provided it does not impede sight visibility.

Corporate emblems or logos on directional signs must be incidental and must not exceed 33% of the total area of the sign.

Directional signs shall conform to the Manual of Uniform Traffic Control Devices where applicable.

Table 100-6 Directional Signs
		Zoning District
Standard		Residential	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	P	P	P	P	P	P	P
B.	Permit required?
Dimensions
C.	Area per sign	6	6	9	9	9	9	6

§ 190-101 Ground sign (also known as "detached, freestanding, pole or pylon sign").

Applicability. This section applies to any ground sign. A ground sign is a sign established on a freestanding frame, mast or pole and not attached to any building. Where such signs are established back to back, the larger face shall be calculated for the purposes of determining allowable area.

Reduction in setbacks. The minimum setback of the signs may be reduced to 10 feet from right-of-way where the sign does not exceed 20 feet in height.

Nonresidential districts abutting residential districts. The maximum sign height shall be reduced to 15 feet when a lot within a nonresidential district abuts a residentially zoned lot.

Landscaping. All ground signs shall be installed in a landscaped area of not less than 12 square feet.

Supplemental standards for General Business (GB), Highway Business (HB) and Park Industrial (PI) Districts. For a corner lot, a permitted ground sign may be replaced with two ground signs, each meeting all of the following conditions:

Each sign shall be visible from a different right-of-way.

The maximum area of each sign is restricted to 100 square feet for the GB and HB Districts and 75 feet for the PI District, provided that the cumulative area of all signs is subject to § 190-95 and this section.

The signs shall not be located closer than 75 from an intersection, as measured from the point of intersecting rights-of-way.

The minimum setback may be reduced to 20 feet from the right-of-way where the sign does not exceed 30 feet in height.

Supplemental standards for PI and AI Districts. Within the PI or AI Districts, where the lot frontage does not abut a residential zoning district, the sign height may be increased to 20 feet.

Supplemental standards for General Industrial (GI) District. If the district does not abut a residential zoning district, the maximum area for a ground sign may be increased to 100 feet.

Table 101-7 Ground Signs
		Zoning District
Standard		Residential	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	P	P	P	P	P	P	P
B.	Permit required?	Y	Y	Y	Y	Y	Y	Y
C.	Number per site*	1	1	1*	1*	1*	1	1
D.	Frontage	—	50	90	90	100	100	100
Dimensions
E.	Area per sign	10	32	150	150	100	75	50
F.	Height	6	6	40	40	15	20	10
Location
G.	Right-of-way setback	10	10	20	20	20	10	10
H.	Intersection setback (feet)	25	25	25	25	25	25	25
I.	Exterior wall plane setback	—	—	—	—	—	—	—
Design Characteristics
J.	Electronic message center	—	—	P	P	—	—	—
K.	Changeable copy	—	—	P	P	P	P	—

*	See § 190-101E for corner lots.

Address number(s) must be displayed on each face of the ground or identification sign so as to be visible from the nearest right(s)-of-way, with Arabic numerals or alphabet letters, a minimum of four inches in height, a maximum of eight inches in height, and total square footage not to exceed 10 square feet. Address identifier is not considered as part of the total allowable sign area calculation.

[Added 4-23-2019 by Ord. No. O-19-038]

§ 190-102 Identification sign.

Generally. This section applies to any identification sign. An "identification sign" means any sign meeting the dimensional and design restrictions below that is necessary for indicating the name and purpose of a religious, educational, medical, public or quasi-public facility located on site.

Subdivision identification signs. See § 190-101 (ground signs).

Park industrial signs. A "park industrial sign" means a signs located adjacent to and intended to identify the entrance to multibuilding park industrial developments situated. In lieu of the requirements below, park industrial signs are permitted only on lot(s) or parcel(s) with a minimum land area of three acres. Minimum frontage shall be 300 feet on a public right-of-way. Maximum sign area shall be 200 square feet for one sign, or 125 square feet for each of two signs, and shall be allowed in addition to any ground signs for individual owners or tenants.

Table 102-8 Identification Signs
		Zoning District
Standard		R-A, R-B, R-C R-C (Nonresidential Uses Only)	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	P	P	P	P	P	P	P
B.	Permit required?	Y	Y	Y	Y	Y	Y	Y
C.	Number per site	1	1	1	1	1	1	1
Dimensions
E.	Area per sign	12	20	20	20	20	20	20
H.	Height	8	8	8	8	8	8	8
Location
L.	Intersection setback (feet)	25	25	25	25	25	25	25

[Added 4-23-2019 by Ord. No. O-19-038]

§ 190-103 Off-premises signs.

Purpose and findings: For the purpose of regulating excess signage, encouraging the positive economic development of the City, promoting the safety of the traveling public, protecting existing property values in both residential and nonresidential areas, preventing the overcrowding of land, promoting a positive community appearance as part of a concerted City-wide effort to protect and enhance the aesthetics of the City for the enjoyment of all citizens of New Hampshire, outdoor advertising signs are herein regulated.

The regulations are designed to prevent their overconcentration, improper placement, and excessive height, bulk, number, and area. It is recognized that, unlike on-premises identification signs which are in actually a part of a business, outdoor advertising is a separate and distinct use of the public thoroughfare. With a view to this distinction, outdoor advertising signs are regulated differently from on-premises signs. It is intended that outdoor advertising signs be located away from residential areas, and that such signs be regulated to protect the character of the area wherein outdoor advertising signs are located, and to conserve property values in these areas.

Applicability.

This section applies to any outdoor advertising sign. An "outdoor advertising sign" means any billboard or off-premises sign. A "billboard" means any off-premises sign on a permanent structure on which the copy is periodically changed and which is not located on the premises to which such advertising copy pertains. An "off-premises sign" means any sign or structure, pictorial or otherwise, regardless of size or shape which directs attention to a business, commodity, attraction, profession, service or entertainment conducted, sold, offered, manufactured, existing, or provided at a location other than the premises where the sign is located or to which it is affixed (sometimes called "non-point-of-sale sign").

All outdoor advertising signs shall be consistent with all definitions and shall comply with all standards and regulations of this code. Except for ordinary maintenance and repair, poster panel replacements, copy changes, or repair not involving structural, material, or electrical changes, no outdoor advertising signs, or part thereof, shall be erected, altered, constructed, changed, converted, re-erected, additionally illuminated, reduced in size, enlarged, or moved unless the entire outdoor advertising sign and structure are brought into conformity with this code.

Dimensional standards. See Table 103-10 below.

Construction standards.

Compliance with Building Codes. All signs shall comply with the appropriate detailed provisions of the Nashua Building Code and Nashua Electrical Code (Chapter 105 of the City Code) and other provisions of the City Code of the City of Nashua.

Clearance from high-voltage power lines. Outdoor advertising signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the Nashua Electric Code provided that no outdoor advertising sign shall be erected closer than 10 feet in any direction to any conductor or public utility guy wire.

Location and spacing.

Corner lots. No part of an outdoor advertising sign may be located within a triangular area formed by the street right-of-way lines and a line connecting them at points 50 feet from the right-of-way intersection.

Spacing of signs.

No part of any outdoor advertising sign shall be located less than 1,000 feet from any part of another outdoor advertising sign when located within either of two two-hundred-foot corridors along each side of a roadway. The two corridors shall be delineated by connecting perpendicular measurements from all points along the road rights-of-way. No part of any permitted outdoor advertising sign which is located outside of the two-hundred-foot corridor areas may be located within a one-thousand-foot radius of any other outdoor advertising sign.

No part of any outdoor advertising sign is permitted within 400 feet of a residential zoning district.

Table 103-10 Outdoor Advertising Signs
		Zoning District
Standard		Residential	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	N	N	P	P	P	P	N
B.	Permit required?	—	—	Y	Y	Y	Y—
C.	Number per site	—	—	1	1	1	1	—
D.	Frontage	—	—	90	90	100	100	—
Dimensions
E.1	Area per sign, signs facing streets with 4 or more traffic lanes	—	—	150	150	150	150	—
E.2	Area per sign, signs facing streets with fewer than4 traffic lanes	—	—	75	75	75	75	—
F.	Height	—	—	30	30	30	30	—
Location
G.	Right-of-way setback	—	—	20	20	10	10	—
H.	Intersection setback (feet)	—	—	25	25	25	25	—
Design Characteristics
J.	Electronic message center	—	—	N	N	N	N	—
K.	Changeable copy	—	—	N	N	N	N	—

§ 190-104 Projecting sign (also known as "suspended signs").

Applicability. A projecting sign is a sign, other than a wall sign, which is attached to and projects in a perpendicular fashion more than 12 inches beyond the surface to which it is affixed. A projecting sign is meant to be viewed from a position other than directly facing the building.

Height.

For purposes of this section, "height" shall mean the distance from the top of the sign to the finished grade.

Projecting signs shall not extend above parapet or roofline.

Clearance. Minimum clearance shall be 10 feet, except where a sign projects over a traffic area, such as a driveway, then the minimum clearance between the bottom of the sign and the ground shall be no less than 14 feet.

Projection. Maximum sign projection shall be five feet and shall not project closer than three feet to the curbline.

Table 104-11 Projecting Signs
		Zoning District
Standard		Residential	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	N	P	P	P	P	P	P
B.	Permit required?	—	Y	Y	Y	Y	Y	Y
C.	Number per site	—	1	1	1	1	1	1
D.	Frontage	—	—	90	90	—	100	—
Dimensions
E.	Area per sign	—	10	24	24	24	24	10
H.	Height (see special rules below)	—	19	30	30	30	30	19
Location
I.	Clearance (minimum)	—	10	10	10	10	10	10
J.	Right-of-way setback	—	10	10	10	10	10	10
K.	Intersection setback (feet)	—	25	25	25	25	25	25

§ 190-105 Roof sign.

Applicability. A roof sign is a sign established upon, against, or directly above a roof, or on the top of or above the parapet of a building. See definition of "parapet" in § 190-264.

Table 105-13 Roof Signs
		Zoning District
Standard		Residential	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	N	N	P	P	N	N	N
B.	Permit required?	—	—	Y	Y	—	—	—
C.	Number per site	—	—	1	1	—	—	—
Dimensions
D.	Area per sign	—	—	150	150	—	—	—
E.	Height (measured from roof)	—	—	10	10	—	—	—
Location
F.	Exterior wall plane setback	—	—	3	3	—	—	—

§ 190-106 Temporary sign.

Applicability. A building permit is required for all temporary signs except for those specifically excluded under § 190-94.

General standards. The following restrictions apply to all temporary signs, unless otherwise indicated in § 190-94:

Only one ground or wall sign used as a temporary sign is permitted per premises. However, there is no restriction on the number of signs used for political speech.

No temporary sign shall be located in the public right-of-way or on public property.

Minimum setback shall be 10 feet from public right-of-way and 25 feet from point of intersecting street rights-of-way.

No temporary sign shall be located so as to obstruct traffic or create a hazard.

Height and setbacks shall comply with the underlying zoning district, unless otherwise indicated.

[Amended 3-28-2006 by Ord. No. O-06-05]

The maximum duration is 30 days.

Maximum sign area shall not exceed 32 square feet.

The sign shall not be flashing.

Maximum height shall be eight feet as measured from grade.

The date of establishment of the temporary sign shall be clearly posted on the sign.

§ 190-107 Time-and-temperature sign.

A time-and-temperature sign is a sign that typically refers to the current time and temperature only. Such signs are permitted in all zoning districts except residential. Maximum area of such signs shall not exceed 50% of the total allowable sign area.

§ 190-108 Wall sign (also known as "fascia sign" or "facade sign").

Applicability. A "wall sign" means any sign attached parallel to the building wall, false wall or false roof, or other facade surface that does not extend more than 12 inches from said surface, or does not vary more than 30° from the plane of the building's parallel wall, and that has only one sign face that is intended to be read parallel to the wall or other surface to which it is mounted. A wall sign includes any sign established on a penthouse above the roof of a building, as long as the wall of the penthouse is on a plane parallel to the wall of the building.

Supplemental standards:

Wall signs shall be located in those areas designed for signage on a site plan or building permit.

Wall signs shall not cover or obliterate windows, doors, or architectural details. Architectural details shall include but not be limited to arches, sills, moldings, cornices and transoms, or any features that are identified on the City's cultural resource survey sheets.

Copy:

In the GB Zone, the maximum sign area measured in square feet shall be two times the building frontage if there are no other sign types; 1 1/2 times the building frontage if there is a ground sign; one times the building frontage if there is a wall sign or projecting sign; or 150 square feet, whichever is smallest.

In the HB Zone, the maximum sign area measured in square feet shall be two times the building frontage if there are no ground, projecting or freeway-oriented; 1 1/2 times the building frontage if there is a ground sign or freeway-oriented sign; one times the building frontage if there is a projecting sign; or 150 square feet, whichever is smallest. The maximum sign area shall be further reduced to 125 square feet if a roof or freeway-oriented sign is utilized.

In the PI Zone, the maximum sign area measured in square feet shall be two times the building frontage if there are no other sign types; 1 1/2 times the building frontage if there is one other sign type; or 150 square feet whichever is smallest. The maximum sign area shall be further reduced to 150 square feet if a ground or freeway-oriented sign is utilized.

In the AI Zone, the maximum sign area measured in square feet shall be two times the building frontage if there are no other sign types; 1 1/2 times the building frontage if there is one other sign type; or 150 square feet, whichever is smallest.

In the GI Zone, the maximum sign area measured in square feet shall be two times the building frontage if there are no other sign types; 1 1/2 times the building frontage if there is one other sign type; or 100 square feet, whichever is smallest.

In the D/H Zones, the maximum sign area per City right-of-way shall be 1 1/4 times the building frontage, or 100 square feet, whichever is smallest.

In the LB Zone, the maximum sign area shall be one times the building frontage, or 32 square feet, whichever is smaller. The maximum sign area shall be further reduced to 12 square feet if a ground sign is utilized.

In the residential zones, each premises located in the residential district and that is a legally authorized business use may have one wall sign with a maximum sign area of six square feet established in lieu of a ground sign.

Height.

Wall signs may not project above the top of a parapet, wall or the roofline at the wall, whichever, is highest.

Within LB, D-1, D-3, H, or FU Zoning District, the top of a wall sign shall be located within 20 feet of ground level unless the sign identifies the name of the building or project name.

Alternative number and area restrictions:

A building with or proposing more than one business establishment within the LB, GB, HB, PI, AI, GI, or D-1, D-3 Zoning Districts is permitted wall sign area, measured as set forth above, in proportion to the total building frontage occupied by the individual business. Every business shall be allowed at least one wall sign with a maximum of 40 square feet in the GB and HB Zoning Districts, 32 square feet in the PI or GI Zoning Districts, and 12 square feet in the D or LB Zoning Districts.

As an alternative, the total allowed wall sign area for any one business may be subdivided into a maximum of three separate wall signs, except in the LB and AI Districts, where only one wall sign per business is allowed.

Supplemental standards in Downtown (D1 and D3) Districts. For a building with or proposing more than one business establishment, the allowable wall sign area, measured as set forth above, shall be proportionate to the total building length occupied by the individual business, except that every business shall be allowed at least one wall sign per street frontage.

Supplemental standards for PI or AI District:

Where the lot frontage zoned PI or AI does not abut a residential zoning district, the sign area may be increased to the lesser of (1) two times the building frontage if there are no other sign types; or (2) 1 1/2 times the building frontage if there is one other sign type; or (3) 150 square feet.

For a building with or proposing more than one business establishment, the allowable wall sign area, measured in accordance with Subsection C above, shall be in proportion to the total building frontage length occupied by the individual business, except that every business shall be allowed at least one wall sign with a maximum sign area of 50 square feet. Where the lot frontage abuts residential districts the maximum wall sign area shall be 32 square feet.

Supplemental standards for General Industrial (GI) District. If the district does not abut a residential zoning district, the maximum area for a wall sign may be increased to 100 feet.

§ 190-109 Sign master plans (optional).

Applicability. Where groups of three or more contiguous commercial or industrial units are to be located together in a development, where a lesser number of businesses total not less than 20,000 square feet of gross leasable area, or where three or more individual businesses on contiguous lots so elect, the development may adopt a sign master plan to govern advertising. The intent of this section is to promote a uniform and aesthetic message presentation that is designed to provide information to the general public through its design and coordination of elements.

General requirements:

Total sign area permitted for the entire development or center shall be calculated at the rate of two square feet of sign per foot of lineal building front.

Each master planned development may have one common freestanding sign denoting the name of the facility not exceeding 80 square feet per side and with bottom panel not less than five feet above road level and a maximum height of 15 feet.

All other signs shall be awning signs, canopy signs, or wall signs.

All signs shall be coordinated in material, shape, lettering, color and/or decorative elements.

Information and directional signage, with the exception of uniform traffic control devices, shall be consistent with the general sign design of the development and is exempt from the sign area calculation provided that it does not contain advertising.

The master sign plan shall include standards designed to achieve the following objectives:

Signs shall be appropriate to the architectural character of the building on which they are placed.

Sign panels and graphics should relate with and not cover architectural features, and should be in proportion to them.

Signs should be appropriate to the types of activities they represent.

Layout should be orderly and graphics should be of simple shape, such as rectangle, circle or oval.

The number of colors used should be the minimum consistent with the design and must provide a reference or relationship to the enterprise or activity being advertised.

Illumination should be appropriate to the character of the sign and surrounding and shall bear a relationship to the operating hours of the enterprise or activity being advertised. Illumination of signs permitted only from one hour before opening until one hour after closing.

Groups of related signs shall express uniformity, create a harmonious appearance, and provide a visual and aesthetic coordination of the information presented to the public.

Height and physical placement shall be consistent throughout the master planned area.

Procedures:

The sign master plan shall be approved by the Planning Board as part of an application for site plan approval. The sign master plan shall depict the placement, design, color coordination, visibility, information messages and compatibility with the general design of the development.

The master sign plan shall include the following elements:

Proposed sign locations.

Materials.

Type of illumination.

Design of freestanding sign structures.

Size.

Quantity.

Uniform standards for nonbusiness signage, including directional and informational signs.

All applications for sign permits on a lot or parcel subject to a master sign plan shall comply with the master sign plan.

§ 190-110 Nonconforming signs.

Applicability. This section applies to any nonconforming sign. A "nonconforming sign" means a sign lawfully existing at the time of adoption or subsequent amendment of this article.

Continuance. A nonconforming sign may continue, although such sign does not conform to the provisions of this article. Portable signs with permanent and/or changeable copy (including trucks and trailers) are exempt from treatment under this section for continuance and shall, therefore, require sign permits and comply with provisions of this article. In the Historic District, any change to the size, location, design, color, texture, lighting, materials, or outer appearance of a sign shall cause that sign to lose any nonconforming status.

[Amended 11-13-2012 by Ord. No. O-12-024]

Maintenance. A nonconforming sign must be maintained in good repair for reasons of public safety and aesthetics. Ordinary maintenance and minor repairs shall not include replacement of the structural framing and supports, enlargement of the area of a sign face, or relocation of the sign.

Alteration, relocation and replacement. Alterations, relocation, and/or replacement of a legal nonconforming sign structure is permitted when damage or deterioration does not exceed 50% of the appraised value of the sign. Any sign which is structurally altered, relocated or replaced may exceed the maximum allowable sign area (as prescribed in this article) by no more than 1/2 the difference between that maximum allowable sign area and the previously existing nonconforming sign area. It is the intention that, over time, any nonconforming signs that are altered will eventually be brought into compliance with the provisions of this article currently in effect.

Removal.

A nonconforming sign shall be removed with 180 days if any of the following conditions exist:

If the damage of the sign structure exceeds 50% of the appraised value.

If the building to which the sign structure is accessory is damaged or demolished to an extent exceeding 50% of the building's appraised value and no plans have been submitted for reconstruction or restoration of the building in accordance with applicable codes and ordinances.

If the sign has been abandoned for 180 days.

Any sign that has been removed due to any of the above-listed conditions shall not be replaced, and shall conform to this article. If any portion of the sign structure is removed, then all parts and components of the sign shall also be removed.

§ 190-110.1 Municipal government signs.

[Added 5-9-2023 by Ord. No. O-23-051]

Notwithstanding any other provisions of this article, signs proposed to be erected by the City of Nashua related to a government use are permitted in every zoning district by special exception by the Zoning Board of Adjustment in accordance with § 190-134. "Governmental use" shall be as defined by RSA 674:54, I. In addition to all application requirements of § 190-134 and any other provisions of this chapter, an individual special exception application shall be submitted for each provision of this article which but for this section would prohibit such sign.

§ 190-111 Generally.

Regulation of land uses. The regulation of land uses both within and adjacent to wetlands, having been determined to be in the best interest of the City, shall be done in a manner consistent with the review procedures and performance standards identified below which reflect the relative importance, value, and function of a particular wetland.

Definitions. A "wetland" is defined by RSA 482-A:2. Wetlands generally include areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The location of a wetland boundary in any particular case must be determined by a certified wetlands scientist, licensed by the State of New Hampshire, through an on-site inspection of all three characteristics of wetlands, namely hydrology, hydric soils, and hydrophytic plants. Said inspections shall conform to the standards established by the New Hampshire Department of Environmental Services in Administrative Rules (Wt 301). These standards are derived from three sources: the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-I, Environmental Laboratory, Department of the Army, (January, 1987), Field Indicators for Identifying Hydric Soils in New England, Version 2, New England Interstate Water Pollution Control Commission, (July 1998) and subsequent updates, and Chapters Wt 100-800 of the NH Code of Administrative Rules, April 21, 1997, as amended. The applicable criteria and review process are established in this Article XI, §§ 190-112 to 190-117 below.

Shoreland exemption. All areas granted a shoreland exemption pursuant to RSA 483-B:12 from the Comprehensive Shoreland Protection Act, RSA 483-B, shall not be designated as a prime wetland pursuant to RSA 482-A:15 or Article XI, Wetlands. Any inconsistent provisions of the Prime Wetland Map as prepared by the Nashua Conservation Commission and adopted by Resolution R-90-84 are hereby repealed. Proposed development in the exempt area requiring Planning Board approval shall be referred to the Nashua Conservation Commission for its review and comment prior to the Planning Board decision.

[Added 3-8-2011 by Ord. No. O-11-53]

§ 190-112 Wetlands buffer.

Special exceptions shall be reviewed for any use, building, structure, or development within the wetland areas or buffers defined in Table 112-1 below.

For purposes of Table 112-1, Column C, the buffer shall be measured horizontally outward and perpendicular to the edge of the delineated wetland.

Table 112-1 Wetland Classifications and Buffers [Amended 12-13-2023 by Ord. No. O-23-059]
(A) Wetland Category	(B) Definitions		(C) Buffer (feet)
Primary wetland	Areas designated as "prime wetlands" in accordance with RSA 483-A:7 and areas that have been documented as satisfying the criteria for designation as prime wetlands in accordance with RSA 483-A:7. "Primary wetlands" are defined by Resolution R-90-84, and generally depicted on maps entitled "Prime Wetlands, Nashua, New Hampshire" prepared for the Nashua Conservation Commission. R-90-84 defines primary wetlands as:		75
	The Merrimack River and its wetlands
	The Nashua River and its wetlands
	Salmon Brook and its wetlands
	Pennichuck Brook, Bowers Pond, Harris Pond, Holts Pond, Pennichuck Pond, Supply Pond and its wetlands
	Lovewell's Pond and its wetlands
	Horse Pond and its wetlands
	Old Ridge Road wetland
	Nashua Canal
	Nashua Cove
Critical wetlands	Critical wetlands are the following water bodies and watercourses and their wetlands. Critical wetlands also include any perennial streams that are tributaries to prime wetlands.		40
	Boire Brook	Mill Pond
	Coburn Pond	Muddy Brook
	Cold Brook	Old Maid's Brook
	Colerain Brook	Round Pond
	Hales Brook	Spectacle Brook
	Harris Brook	Spit Brook
	Hassells Brook	Trout Brook
	Lincoln Brook	Sandy Pond
	Lyle Reed Brook
Other wetlands over 9,000 square feet	Any wetland other than a primary or a critical wetland over 9,000 square feet in area		40
Other wetlands from 3,000 to 9,000 square feet and intermittent streams	Any wetland other than a primary or critical wetland between 3,000 and 9,000 square feet in area. Intermittent streams require a twenty-foot buffer from both banks, measured from top of bank. Intermittent streams are streams with a defined channel but that may not flow the entire year. Isolated man-made drainage ditches are not included.		20
Vernal pools	100-foot minimum buffer. Vernal pool boundaries to be determined by a certified wetlands scientist. Buffer boundary to be determined by a certified wetlands scientist or other licensed land surveyor.		100

§ 190-113 Administration.

The provisions of these wetlands regulations shall be administered and enforced by the Administrative Officer. Where the provisions of these regulations are superimposed over the zoning district, the more restrictive regulations apply. The Administrative Officer shall institute, or cause to be instituted, such actions necessary to ensure compliance with these provisions, and/or the conditions placed upon any required special exception permit or other approval. The Administrative Officer shall also have the authority to cause whatever actions are necessary at a site or location where a violation of this chapter has occurred to ensure that it is returned to its original quality and function, and the same cause of action shall be at no cost to the City and shall be assessed to the violator.

§ 190-114 Wetlands application.

Applicability. The section applies to any activity proposed within a wetland or a wetland buffer, except for erosion control measures and the regular use, maintenance or repair of existing buildings, structures, or the improved portions of an existing developed site such as roads, parking lot or sidewalks. It includes any application for development approval, including any building permit applications; land use permit application; Zoning Board of Adjustment applications; Planning Board applications; Board of Health application, or any other any other land use requiring a permit or approval as required by and within the Nashua City Code.

Initiation. As part of the initiation of any application listed in Subsection A above, the Administrative Officer shall determine whether the land area in which the proposed use, development or activity lies is within a wetland or buffer area as described in § 190-112. If the Administrative Officer determines that the proposed use, development or activity is within a wetland or buffer area, the Administrative Officer shall notify the applicant in writing that the Conservation Commission must review a wetlands application. The Administrative Officer shall provide notification within two weeks after submittal of a complete application. If such notification is provided to the applicant, the applicant shall submit a Wetlands Application Review Form with the information required by § 190-284 of this chapter to the Administrative Officer. Upon receipt of such an application and payment of applicable fees, the Administrative Officer shall forward a copy of the application to the Conservation Commission.

Wetlands data.

Primary or critical wetlands. Applications submitted for uses proposed within or adjacent to primary or critical wetlands shall be accompanied by sufficiently detailed information and plans. Such plans shall clearly show the extent of the wetland and buffer areas located on or immediately adjacent to the subject property, and the uses proposed to be located on the subject property. Primary wetlands must be delineated as shown on the Nashua Prime Wetlands Maps. In determining the sufficiency of the information to be provided, the applicant shall consult with the Administrative Officer regarding the nature of the proposed uses and their relations and proximity to any potentially affected wetlands located on or immediately adjacent to the subject property. The applicant shall also clearly note on the plan any and all sources of wetland delineation information used to determine the wetlands boundary and shall provide documentation regarding the status of any other permits required under local, state or federal laws.

Other wetlands. For development or other regulated activity proposed on sites abutting other wetlands as defined in Table 112-1, the applicant shall be required to denote the boundary and methods used to locate it. The Administrative Officer may consult with the applicant regarding the application regulations.

Submittal procedures.

The applicant shall review the Nashua Conservation Commission Wetland Review Process as set forth in § 190-284.

The applicant shall provide the Conservation Commission and Administrative Officer with a completed wetlands application two weeks in advance of the Conservation Commission meeting at which the proposed project will be discussed.

Upon receipt of the wetlands application by the Conservation Commission and Administrative Officer, the applicant may be asked to provide additional technical information.

The applicant shall schedule a preliminary presentation with the Commission. At that time, the Conservation Commission may schedule a site walk. At the site walk, the Commission members may request additional information for the applicant to present at the next Conservation Commission meeting, such as a wetlands and buffer delineation and protection plan. The members may provide other informal guidance.

The Conservation Commission may request a review of the project by planning staff prior to providing their recommendation. Sufficient time will be provided to allow the Conservation Commission to provide a recommendation on the project to the Administrative Officer.

Recommendation. The Conservation Commission shall consider the application at a public meeting and shall prepare a written recommendation as to whether the proposed development lies within an area subject to § 190-112, and whether the proposed development complies with this section. The recommendation shall be provided to the Zoning Board of Adjustment. In rendering its decision, the Zoning Board of Adjustment or Building Department Manager shall give due consideration to the recommendations of the Conservation Commission so as to avoid or minimize the detrimental impacts which the proposed use may have on the wetland or wetland buffer. Any amendments to a plan following a Conservation Commission decision but before the Zoning Board of Adjustment review shall be reviewed again by the Conservation Commission. Decisions rendered by the Zoning Board of Adjustment are final but subject to appeal as set forth in Article XIX.

Approval criteria. See §§ 190-284 and § 190-115 below.

Amendments. The applicant may modify the wetlands application at any time before the final recommendations of the Conservation Commission are made.

Scope of approval. The wetlands application shall be deemed a part of the underlying application for development approval and a condition of any permit or land use decision subject to this section.

Recording procedures. The wetlands application shall be recorded with the underlying application for development approval.

Exceptions. A property owner who intends to undertake routine annual maintenance that has been previously approved by the Conservation Commission is not required to return to the Conservation Commission or obtain a special exception.

§ 190-115 Wetlands standards.

Review for conformity.

Uses proposed in any wetland or within the required buffer area shall be reviewed by the Conservation Commission for conformity with this section. A wetlands-related special exception is required prior to and in addition to other relevant approvals.

For uses or activities proposed outside of and adjacent to any wetland or buffer area, the Administrative Officer shall review the proposal for consistency with this section to demonstrate that what is being proposed is reasonable or necessary, and can be implemented without undue harm to the wetland or buffer area being impacted. Upon receipt of a complete application, the Administrative Officer shall determine whether a special exception is required prior to other necessary reviews/approvals.

Wetland or buffer encroachments. For uses proposed to encroach into wetlands or required buffer areas, including but not necessarily limited to road and utility line crossings, water dependent uses (e.g., docks), bridges or other road and passive recreational facilities or activities, the Zoning Board of Adjustment shall find the following prior to approval:

That the use or activity proposed and its attendant impacts cannot reasonably be avoided.

That the least damaging route and methodology have been selected, and that which is being proposed is the best practicable alternative available.

That reasonable and acceptable impact mitigation measures have been incorporated where necessary and appropriate to minimize wetland loss or degradation.[1]

Note: The removal of invasive species may be an appropriate mitigation technique. Invasive species are listed in the most recent State of New Hampshire Prohibited Invasive Species List.

That the overall impact of encroaching into wetland or buffer areas is necessary for the productive use of adjoining buildable land and, as such nonencroachment, is outweighed by the benefits thereby derived.

That no significant impact on the habitat of rare or endangered species or exemplary communities, as listed by the State of New Hampshire or federal government, will result.

That the best available adequate erosion and sedimentation control methods are incorporated.[2]

Note: Some appropriate erosion control standards are: Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas in New Hampshire, New Hampshire Department of Environmental Services, Rockingham County Conservation District, USDA Soil Conservation Service (August 1992), and Stormwater Management for Construction Activities, Environmental Protection Agency (September 1992).

That the proposed activity or use shall not significantly impair wetland capacity to provide important wildlife and fishery functions, including habitat, food, shelter, breeding, migratory and over-wintering.

That the project shall not impair the stability of a water body's bank.

That the wetland and buffer function of hydrologic absorption capacity and storage shall not be impaired.

Uses adjacent to wetlands or buffer areas. Any use or activity proposed within 100 feet of a wetland shall be reviewed by the Administrative Officer for compliance with the following performance standards:

That no significant impact on the habitat of rare or endangered species or exemplary communities, as listed by the State of New Hampshire or the Federal government, will result.

That the filtration of stormwater runoff is adequately provided for and controlled both during and after construction.

That the topography and required regrading of the subject property accounts for and adequately reflects the proximity of a nearby wetland area.

All landscaping requirements and maintenance regiments for a project will ensure that fertilizer and chemical runoff shall not enter the wetland.

For any wetland area utilized for water runoff, the applicant shall demonstrate that excess flow on wetlands shall not cause excessive ponding and retention, thereby causing environmental damage to existing flora or fauna.

Where land is proposed to be subdivided, the applicant shall demonstrate that there is adequate nonwetland area to contain all proposed uses, structures, and utilities in accordance with these regulations.

Prohibited uses. No use or activity shall be located within 125 feet or sited in such a manner so as to pose a serious environmental hazard to a nearby wetland. Uses prohibited include, but are not limited to, septic systems, underground storage tanks not within approved enclosures, junkyards or salvage yards, or the uncontained or uncontrolled stockpiling of any material which may contaminate the wetland.

§ 190-116 Wetland buffer monumentation.

Applicability. The Nashua Conservation Commission may require wetland buffers to be marked in order to prevent future encroachment. This section applies to:

Any development subject to an application for building permit, subdivision or site plan approval;

Any development approved before the effective date of this section that is determined to be in violation of any wetland buffer required that existed at the time the development was approved; or

DIAMETER AT BREAST HEIGHT (DBH)

Any activity within a wetland or wetland buffer that was undertaken without obtaining a required special exception.

Requirements. Wetlands (prime, critical, and other) shall be delineated by a State of New Hampshire certified wetland scientist. The wetland buffer shall be located and flagged by an engineer or surveyor. The markers shall follow the contour of the buffer, generally not more than 50 feet apart. The engineer or surveyor shall take all necessary precautions to ensure that said markers disturb no asbestos-fill sites. Where the buffer intersects the property line, markers should be placed on the property line. Markers should be placed along the buffer contour at the point closest to any adjacent structure. The requirements for placing markers are further described in the pamphlet "Requirements for Construction and Installation of Conservation Easement, Wetland Buffer, and Conservation Land Plaques."

§ 190-117 Trees unlawfully cut or damaged within a wetland buffer.

Applicability. A tree that has been substantially damaged or unlawfully removed from a wetland buffer that is protected by City ordinances must be replaced with its equivalent replacement in trees. Replacement trees shall be a type of species having shade potential and other positive values at least equal to that of the tree that was removed and shall be a minimum of six feet in height when planted.

Definitions. As used in this article, the following terms shall have the meanings indicated:

The measurement of a tree's trunk diameter in inches at breast height 4 1/2 feet above ground level. For trees with less than 4 1/2 feet of clear trunk, the diameter shall be of the largest leader measured 4 1/2 feet above ground level. For multitrunk trees it shall be the sum of the diameter of the individual trunks measured 4 1/2 feet above ground level. If the DBH is not determinable because cut trees have been removed from the site, DBH shall be determined from the "DBH in Relation to Stump Diameter" tables found in the Forestry Handbook, 2nd ed., 1984, by the Society of American Foresters, edited by Karl Wenger, published by John Wiley & Sons Publishers.

EQUIVALENT REPLACEMENT

The replacement of a removed or damaged tree to compensate for that tree's removal or its damage with one tree the same diameter or a combination of smaller trees that will equal that removed tree's DBH as defined herein.

TREE

Any living, self-supporting woody perennial plant at maturity, which attains a trunk diameter of at least three inches or more when measured at a point 4 1/2 feet above ground level and which normally attains an overall height of at least 15 feet, usually with one main stem or trunk and many branches.

TREE-FOR-TREE REPLACEMENT

Replacing a removed tree with a tree or trees with a minimum of three inches in cumulative trunk diameter at breast height. The replacement species shall be native trees as defined in Trees and Shrubs in New Hampshire, A Guidebook for Natural Beauty Projects, by Cooperative Extension Service, University of New Hampshire, Durham, NH. Replacement species shall not include those species that are not recommended in the guidebook.

Replacement trees. A removed tree must be replaced with its equivalent replacement in trees.

Maintenance of replacement trees. The property owner must replace trees within 30 days from receipt of a written notice of violation for unlawful tree removal. The Administrative Officer may grant a time extension for tree replacement if the thirty-day requirement would mean that trees would be planted outside the appropriate planting season (April-June and September-November).

Financial security for tree replacement. A financial security shall be held by the City of Nashua for one year to ensure tree replacement in the event that tree replacement results in the death of any replacement trees. The security amount shall be assessed at three times the fair market value of the required replacement tree(s).

Landscape (tree replacement) plan. Prior to installation of the required replacement trees, a proposed landscape plan must be prepared by a professional landscape architect and approved by the Administrative Officer, who shall consult with the City's Conservation Commission. Replacement trees shall be true to the botanical names and standards of size, culture and quality for the highest grades and standards as sponsored by the American Association of Nurserymen, Inc., in the American Standard for Nursery Stock, latest edition.

Exemptions. During emergency conditions caused by a hurricane or other disaster, or to protect public safety, the Administrative Officer may suspend provisions of this section.

Penalties. The removal of each tree in a buffer zone shall constitute a separate zoning violation, punishable in a court of competent jurisdiction per RSA Chapter 676.

§ 190-118 Applicability.

This article applies to nonconforming uses, structures and lots created by the initial enactment of this section or by any subsequent amendment. Unless otherwise specifically provided in this chapter and subject to the restrictions and qualifications set forth in this Part, nonconforming situations that were otherwise lawful on the effective date of this chapter may be continued. Except as specifically provided in this article, no person may engage in any activity that causes an increase in the extent of nonconformity.

§ 190-119 Nonconforming uses.

Expansion.

No nonconforming use shall be extended, expanded, or increased except as specifically provided below.

An existing nonconforming use may expand subject to the approval of a special exception (§ 190-134).

The volume, intensity, or frequency of a nonconforming use within its original structure may increase without requiring a special exception provided that all of the criteria set forth in Subsections A(3)(a) through (c) below are met.

The increase shall reflect the natural expansion and growth of the existing use's trade.

The increase does not substantially change the use's effect on the neighborhood. Whether a proposed use substantially changes the nature or purpose of the nonconforming use turns on the facts and circumstances of the particular case. In conducting this inquiry, the Administrative Officer shall consider:

The extent the use in question reflects the nature and purpose of the prevailing nonconforming use;

Whether the use at issue is merely a different manner of utilizing the same use or constitutes a use different in character, nature, and kind; and

Whether the use will have a substantially different effect on the neighborhood.

The increase shall occur only within the existing structure.

A nonconforming use may expand outside of the existing structure subject to the approval of a special exception as provided in § 190-134. The Zoning Board of Adjustment shall approve the special exception only if all of the criteria set forth in Subsection A(4)(a) through (c) below are met:

The nonconforming use shall not be substantially enlarged or expanded. Whether a nonconforming use is substantially enlarged or expanded the nature or purpose of the nonconforming use turns on the facts and circumstances of the particular case. In conducting this inquiry, the Zoning Board of Adjustment shall consider:

The extent the use in question reflects the nature and purpose of the prevailing nonconforming use;

Whether the use at issue is merely a different manner of utilizing the same use or constitutes a use different in character, nature, and kind; and

Whether the use will have a substantially different effect on the neighborhood.

A nonconforming use shall only be altered where the expansion is a natural activity, closely related to the manner in which a piece of property is used at the time of the enactment of the ordinance creating the nonconforming use; and

Any expansion of a nonconforming use must be evaluated in the context of the zone in which it is located.

Change in use.

Any nonconforming use of a structure may be changed to another nonconforming use, provided that the changed use is not a substantially different use as determined by the Administrative Officer. In determining whether the change is substantially different, the Administrator shall consider:

The extent to which the use in question reflects the nature and purpose of the prevailing nonconforming use;

Whether the use at issue is merely a different manner of utilizing the same use or constitutes a use different in character, nature, and kind; and

Whether the use will have a substantially different effect on the neighborhood.

Any nonconforming use that has been changed to a permitted use shall not again be changed to another nonconforming use.

Restoration. Any nonconforming use damaged by fire or other natural cause may be reestablished, provided that such work is completed within two years of the damage and does not place the use in greater nonconformity. If the use is not reestablished within two years, it shall only be rebuilt in accordance with the use, dimensions and density regulations of this chapter. The Zoning Board of Adjustment may grant an exemption from this section for designated historical building by a special exception (§ 190-134).

§ 190-120 Nonconforming structures.

Generally. Any nonconforming structure or portion of the structure that has come into conformity shall not again become nonconforming.

Alteration. Any nonconforming structure may be altered and a conforming use extended throughout the altered portion, provided that any resultant alteration shall not cause the structure to violate the dimensional and density regulations of the district in which it is located.

Relocation. Any nonconforming structure shall not be moved to any other location on the lot or any other lot unless every portion of such structure, the use thereof, and the lot shall be conforming.

Restoration. Any nonconforming structure damaged by fire or other natural cause may be rebuilt, provided that such work is completed within two years of the damage and does not place the structure in greater nonconformity. If the structure is not rebuilt within two years, it shall only be rebuilt in accordance with the use, dimensions and density regulations of this chapter. Historical buildings may be exempt by special exception of the Board.

Unsafe structure. Any structure determined to be unsafe due to natural deterioration or destruction by fire or other act of God may be restored to a safe condition, provided that such work on any nonconforming structure shall be completed within one year of the determination that the structure is unsafe and it shall not place the structure in greater nonconformity. Should this one-year time period be exceeded, the structure shall be reconstructed only as a conforming structure and used only for a conforming use.

§ 190-121 Nonconforming lots.

Applicability. For purposes of this section, a "nonconforming lot" means a lot legally existing on the effective date of this chapter that does not comply with the dimensional regulations of the district in which the lot is located, including but not limited to maximum density, minimum lot area, minimum lot width, minimum frontage, minimum lot depth, or open space percentage.

Generally.

Any nonconforming lot that has come into conformity with this chapter shall not again be changed to a nonconforming lot.

Any nonconforming lot or open space on the lot (yard, setbacks, courts or area), if already smaller than that required, shall not be further reduced or decreased so as to be in greater nonconformity.

If the owner of two or more contiguous undeveloped lots with substandard dimensions wishes to build upon one of the lots, the lots must be combined to comply with the dimensional requirements of this chapter and Subsection B(2) shall not apply. Where any nonconforming contiguous lot or lots were held in common ownership on or after October 14, 1976, they shall not be sold, consolidated or transferred to eliminate the common ownership unless they are sold, consolidated or transferred so as to create a conforming lot or lots where possible. This subsection does not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming.

§ 190-122 Abandonment.

Whenever the use of a nonconforming structure, or portion thereof, has been discontinued for a continuous period of at least one year in any residential zoning district, or at least two years in any nonresidential zoning district, such nonconforming use shall not thereafter be reestablished, and the future use shall conform to this chapter. The Zoning Board of Adjustment may, for good cause shown, extend the period of permitted discontinuance up to three additional years, provided that application in writing is made to the Board at least 60 days before the commencement date of such three-year additional period.

§ 190-123 Parking.

No use lawfully established prior to the effective date of this chapter is required to provide and maintain or eliminate parking and loading areas to meet the requirements of Article XXVIII of this chapter.

Off-street parking and loading spaces required by any previously adopted requirement of the City Code shall be continued, and the existing number of parking and loading spaces shall not be increased or decreased so as to result in greater nonconformity.

A change in use or expansion of a nonconforming structure shall not further reduce the number of off-street parking or loading spaces, if the number of spaces is already equal to or less than the number required to serve their intended use.

For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, reestablished or repaired, off-street parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this article for equivalent new uses.

In computing the number of required off-street parking spaces for a change in use of a building or lot which is nonconforming because the existing use not meeting the current off-street parking requirements, required off-street parking spaces shall be the sum of the following:

The spaces required for the proposed use under current parking regulations;

Less the number of parking spaces required for the prior (nonconforming) use of building or lot under current regulations;

Plus available off-street parking spaces for the prior use of building or lot.

Comment: The purpose of this provision is to permit a reasonable reuse of existing buildings, yet ensure that the new use will provide the incremental parking spaces required for a more intensive use of the building or lot.

§ 190-124 Appeals.

An appeal relating to a nonconforming use, nonconforming lot, or dimensional nonconformity shall be filed in accordance with § 190-136.

Nashua City Zoning Code

PART 2

Zoning Districts and Supplemental Use Regulations

§ 190-10 Interpretation.

[Amended 2-26-2008 by Ord. No. O-08-07]

The words, terms and phrases used in Part 2 shall be as defined and described in Article XLII, which is hereby incorporated by reference.

§ 190-11 Establishment of districts.

[Amended 2-26-2008 by Ord. No. O-08-07]

In order to implement the Master Plan, the City of Nashua is hereby divided into the following zoning districts:

Table 11-1 Zoning Districts
Full Name	Class	Short Name
Rural Residence	Base	R-40
A Suburban Residence	Base	R-30
B Suburban Residence	Base	R-18
C Suburban Residence	Base	R-9
A Urban Residence	Base	R-A
B Urban Residence	Base	R-B
C Urban Residence	Base	R-C
Local Business	Base	LB
General Business	Base	GB
Downtown 1	Base	D-1
Downtown 3	Base	D-3
Highway Business	Base	HB
Park Industrial	Base	PI
General Industrial	Base	GI
Airport Industrial	Base	AI
Airport Approach District	Overlay	A
Historic	Overlay	H
Mixed Use	Overlay	MU
Flexible Use	Overlay	FU
Water Supply Protection	Overlay	WSP
Four Hills Landfill Groundwater Management Zone [Added 10-22-2013 by Ord. No. O-13-050]	Overlay	FHL-GMZ
Planned Residential Development	Overlay	PRD
Medical District	Special	MD
Higher Education District	Special	HE
Transit-Oriented Development [Amended 10-27-2015 by Ord. No. O-15-064]	Overlay	TOD

§ 190-12 Zoning Map.

[Amended 2-26-2008 by Ord. No. O-08-07]

Editor's Note: See Table of Zoning Map Amendments at the end of this chapter.

§ 190-13 Boundaries of districts.

Generally. Where any uncertainty exists with respect to the boundary of any district as shown on the Zoning Map, the following rules shall apply:

Where a dimensioned boundary coincides, within 10 feet or less, with a lot line, the boundary shall be construed to be the lot line.

The abbreviation "PL" means property line as shown on the City Assessor's map as in effect on the effective date of this article.

The abbreviation "CL" means "center line," and "CI" means "center of intersection."

Special districts. The boundaries of a special district shall be established through an amendment to the Zoning Ordinance as set forth in §§ 190-12B and 190-132, Zoning amendments.

§ 190-14 Purpose statements.

The purpose and intent of the base zoning districts are as follows:

Table 14-1 Zoning District Purpose Statements
District	Purpose
Rural Residence (R-40)	The Rural Residential District has a minimum lot size requirement of 40,000 square feet (or approximately one acre). This district is reserved primarily for the southwest quadrant of the City and other areas with limited infrastructure capacity and environmental or topographical restrictions. The R-40 District is also the primary district where individual wells and septic systems are in use, although sewer and water extensions have been made to some parts of the district.
A Suburban Residence (R-30)	The R-30 District is similar to R-40, with a slightly smaller minimum lot size of 30,000 square feet. Most of the R-30 Districts provide a buffer between the R-40 District and suburban areas, such as the southwest quadrant and the northwest quadrant near the Hollis border west of the airport.
B Suburban Residence (R-18)	These districts are more evenly distributed throughout the City, although the majority of the R-18 and R-9 land is found in the southwest quadrant. This district provides suburban densities and intensities for primarily residential neighborhoods, with conservation subdivisions permitted as an option in order to encourage the preservation of natural resources.
C Suburban Residence (R-9)	These districts are more evenly distributed throughout the City, although the majority of the R-18 and R-9 land is found in the southwest quadrant. This district provides suburban densities and intensities for primarily residential neighborhoods, with conservation subdivisions permitted as an option in order to encourage the preservation of natural resources.
A Urban Residence (R-A)	This district is appropriate for the older residential sections of Nashua surrounding the urban core. R-A is predominantly single family, although duplexes are allowed subject to special standards.
B Urban Residence (R-B)	This district is appropriate for the older residential sections of Nashua surrounding the urban core. The R-B District permits duplexes by right and multifamily dwellings with three or more units subject to special standards.
C Urban Residence (R-C)	This district is appropriate for the more well-established residential sections of Nashua that include areas immediately surrounding the urban core and neighborhoods throughout the urban area. The R-C District permits all residential types by right, provided all dimensional requirements are met.
Local Business (LB)	Local Business (LB) Districts are commercial areas primarily located adjacent to or within established residential neighborhoods. They are intended as convenience commercial districts that support adjacent neighborhoods. The LB District is pedestrian-oriented as opposed to automobile-oriented.
Highway Business (HB)	Highway Business (HB) Districts are commercial areas located primarily adjacent to heavily traveled arterial roads, such as Amherst Street and the Daniel Webster Highway.
General Business (GB)	General Business (GB) Districts are similar to the HB Districts in purpose, function, and appearance, but require a smaller minimum lot size. The GB Districts are generally found in close proximity to the HB Districts, but tend to be developed as shopping centers with large parking areas (including the malls), rather than for "strip" commercial development, which characterizes development in the HB Districts.
Downtown (D-1 and D-3)	The D Districts consist of the downtown and the surrounding business area. These are mixed-used districts, which permit some apartment and multifamily uses as well as commercial and institutional uses. The D Districts are pedestrian-oriented as opposed to automobile-oriented. These districts include many of Nashua's historic structures.
Park Industrial (PI)	The Park Industrial (PI) Districts are industrial areas that, for the most part, abut the major turnpike interchanges, and are adjacent to residential zones. The PI District provides locations for light industry and industrial parks. This district implements the Master Plan recommendation to provide adequate zoning for industrial park-type development.
General Industrial (GI) [Amended 2-26-2008 by Ord. No. O-08-07]	The General Industrial (GI) Districts are the older, traditional industrial areas of the inner City. They are often in close proximity to the Nashua or Merrimack Rivers and are generally accessible by railroad and/or local roads. Most of Nashua's heavy industries are located in the GI Districts. This district implements the Master Plan recommendation to provide a reasonable amount of space for heavy industrial uses, provided they are environmentally sound and do not detract from neighboring land uses.
Airport Industrial (AI)	This district includes the Boire Field Airport and the surrounding industrially zoned land. It supports the airport's operations by providing an area for airport-related and airport-compatible uses.

§ 190-15 Permitted uses.

Purpose: Pursuant to RSA 674:16, this section regulates the location and use of buildings, structures and land used for business, industrial, residential, or other purposes. This section implements the following Master Plan recommendations:
•	Update the commercial land-use definitions in the Nashua Revised Zoning Ordinances.
•	Write clear definitions of all potential industrial types/uses and apply them to all of the Industrial Zones.

Applicability. Except as provided in this article, no building, structure or land shall be used except for the purposes permitted in the district as described in this article.

Mixed uses. In cases of mixed occupancy, the regulation for each use shall apply, as provided in this Part 2, to that portion of the building or land.

Use Matrix.

Uses permitted by right are uses designated by a "P" in Table 15-1.

Conditional uses are designated by a "C" in Table 15-1 and require a permit from the Planning Board as set forth in § 190-133 of the Land Use Code.

Uses that require a special exception are designated by an "S" in Table 15-1 and require review by the Zoning Board of Adjustment as set forth in § 190-134 of the Land Use Code.

Accessory uses are defined by Article XLII, Definitions, and are designated by an "A" in Table 15-1.

Uses permitted by right or by conditional use shall be subject, in addition to use regulations, to all other provisions of this article.

Interpretation of Table 15-1.

The Administrative Officer may determine that a use is materially similar if:

In order to assist in interpretation of the Use Matrix, the LBCS and NAICS numbers precede each use in the Use Matrix. In interpreting the Use Matrix, the following rules of construction shall apply:

[Added 1-22-2019 by Ord. No. O-18-033]

[Added 4-26-2022 by Ord. No. O-22-010]

§ 190-16 Dimensional regulations.

Purpose: Pursuant to RSA 674:16, this section regulates the location and use of buildings, structures and land used for business, industrial, residential, or other purposes. This section implements the following Master Plan recommendations:
•	Encourage infill development within, and work to revitalize existing commercial areas.
•	Guide commercial and industrial development to the existing built areas of the City and minimize development in outlying, undeveloped areas.
The dimensional regulations are found in Table 16-3 of this section.

Applicability.

Comment: For utility structures, see Part 6.

Residential density (Dimensional Matrix, Column B).

No household other than a family shall have a number of members exceeding the figure provided in Table 16-1 below entitled "Occupancy Restrictions":

	Table 16-1 Occupancy Restrictions
	Dwelling Type	Maximum Number of Occupants in Unrelated Household Per 300 Square Feet of Habitable Floor Area
	Single-family dwelling	1
	Duplex or townhouse	1
	Apartment, including accessory apartments	1.5
	Bed-and-breakfast	3
	Rooming/boarding, including accessory rooming/boarding	2
	Dormitory	3
	Fraternity or sorority	2
	Nursing home	2
	Elderly housing	1.5

Minimum lot area (Dimensional Matrix, Column C).

Nonconforming lots of record. See § 190-121.

Setbacks (Dimensional Matrix, Columns G through K).

Commentary: Typically, the side and rear setback is measured from the property line, while the front setback is measured from the right-of-way because the front yard adjoins the street.

Development in setbacks.

Setbacks shall be unobstructed from the ground to the sky except as specified in this section. The following features may encroach into a required building setback:

Any buttress, cornice or pier may extend beyond the setback not more than 12 inches.

Unenclosed steps not extending above the first floor level may extend up to three feet to a side property line or up to a front property line.

Retaining walls, regardless of necessary height, may extend up to 18 inches to a street line or service lane.

A protective hood or overhang over a doorway may extend not more than three feet into the required minimum yards.

Balconies or bay windows, not to exceed three feet into the required setback.

Chimneys, not to exceed two feet.

Heating and cooling units, not to exceed three feet.

Overhanging roof, eave, gutter, cornice, or other architectural features and awnings, not to exceed two feet.

Unenclosed decks, terraces, stoops or porches, provided that:

Such structures shall not exceed four feet in height; and

Such structures shall not be located closer than five feet to any property line.

Fences or shrubs.

Projecting overhangs on the ground floor not listed above may extend:

Up to 30 inches beyond the front setback; and

Beyond the side setback up to 20% of the side yard.

Fire escapes, fire towers, storm enclosures, or handicap ramps where required by the Building Code.[1]

Editor's Note: See Ch. 105, Building Construction.

[14]

Any accessory building or use customarily incidental to the permitted principal use or building as allowed in accordance with § 190-31, Accessory uses and structures.

Special exceptions for minor encroachments.

Table 16-2 Minor Encroachments
Zoning District	Front Yard Encroachment (feet)	Side Yard Encroachment (feet)	Rear Yard Encroachment (feet)
R-40	6	5	16
R-30	6	5	11
R-18	6	5	11
R-9	6	4	10
R-A	6	4	9
R-B	6	4	6
R-C	4	4	3

Front setbacks.

Development in front yard. No structure other than a driveway, sign, fence, gate, sidewalk, berm or other landscape feature shall be erected or permitted to be located in a required front yard area.

Side setbacks. Side setbacks shall be measured from the side property line. (See special rules for corner lots in Subsection J below.)

Rear setbacks. Rear setbacks shall be measured from the rear property line.

Height of buildings and/or structures.

Height shall be measured as provided in Chapter 5 of the International Building Code.

Height limitations.

The height limitations of this chapter shall not apply to any of the following structures not intended for human occupancy:

	Antennas
	Beacons
	Belfries
	Chimney flues
	Chimneys
	Clock towers
	Cupolas
	Domes
	Electrical, mechanical, or elevator
	Monuments
	Parapet walls as needed to screen equipment
	Radio aerials
	Smokestacks
	Spires
	Steeples
	Structures for essential services
	Television antennas (subject to § 190-38)
	Transmission towers (subject to § 190-38)
	Windmills

Sight triangle.

Curbed streets: one foot.

Uncurbed streets: 1 1/2 feet.

§ 190-17 Residential Districts (R-40, R-30, R-18, R-9, R-A, R-B, R-C).

Purpose: These districts implement the following Master Plan recommendations:
•	Protect the character of existing neighborhoods through zoning regulation and enforcement.

[Amended 3-9-2021 by Ord. No. O-21-048]

Only one principal structure shall be permitted on a lot, except where otherwise provided by this chapter.

All proposed uses shall comply with the sign regulations (Article X) regardless of whether a site plan is required.

[Amended 3-9-2021 by Ord. No. O-21-048]

[Added 2-27-2007 by Ord. No. O-06-51]

Driveways for residential uses shall be subject to the following provisions:

[Added 3-9-2021 by Ord. No. O-21-048]

Driveways shall be located a minimum of 50 feet from an intersection.

Driveway approach angle. The angle of the driveway approach shall be approximately 90° for two-way driveways and between 60° and 90° for one-way driveways.

Driveways shall be paved within the right of way and constructed per Division of Public Works standards, including permitting and inspection requirements.

§ 190-18 Commercial Districts (LB, GB, HB).

Specific LB District criteria.

The following criteria shall be used (in addition to the general rezoning guidelines in § 190-132) in consideration of the placement of this district and the type and arrangement of uses within it.

Refuse enclosures within an LB District shall be located at the rear of the site and screened with a wall and gate.

Specific GB and HB District criteria. The following standards apply to the GB and HB Zoning Districts:

The following criteria shall be used (in addition to the general rezoning guidelines in § 190-132) in consideration of the placement of this district and the type and arrangement of uses within it:

The district and its uses shall continue the orderly development and concentration of business and commercial uses; and

GB and HB Districts shall be located along arterials and arterial/arterial or arterial/collector intersections.

Outdoor display, storage and sales of merchandise is authorized subject to §§ 190-52 and 190-53.

§ 190-19 Industrial Districts (PI, AI, GI).

Purpose: This section implements the following Master Plan recommendations:
•	Provide a reasonable amount of space for heavy industrial uses, provided they are environmentally sound and do not detract from neighboring land uses.
•	Provide adequate zoning for industrial park-type development.
•	Discourage or prohibit noxious industries that create the potential for serious health or safety hazards.
•	Encourage attractive, landscaped, and sensitively sited industrial development that is compatible with surrounding land uses.

Specific PI and AI District criteria. The following standards apply to the PI and AI Zoning Districts:

The district and its uses shall continue the orderly development and concentration of industrial and manufacturing uses; and

The land area shall be sufficient to maintain compatibility with surrounding uses; and

All lots within a PI District shall have direct access to arterial and/or collector streets.

Commercial uses. See § 190-15D(4).

Additional site and building design criteria.

All loading shall be from the rear or side of the building, but not facing a public street.

Applicants are encouraged to provide the following site plan elements in order to create an office complex ambiance and appearance to the industrial development:

Loading courts which are not visible from any public street. Screening of these areas shall be provided by the principal building; and

Entry courts and pedestrian plazas; and

Unique landscape features such as berming, fountains, and sculpture gardens, particularly adjacent to the arterial street; and

Covered or decked parking structures which appear as an integrated part of the industrial building; and

Parking areas located to the rear of the principal buildings or structures.

Specific GI District criteria. The following standards apply to the GI Zoning District:

The district and its uses shall continue the orderly development and concentration of industrial and manufacturing uses; and

The land area shall be sufficient to maintain compatibility with surrounding uses; and

Additional site and building design criteria.

All delivery and freight-handling areas shall be screened from view so as not to be visible from the boundary of any property not zoned GI or from the public right-of-way.

§ 190-20 Downtown Districts (D-1 and D-3).

Purpose: The Downtown Districts are established:
•	To promote the goals, objectives and strategies adopted as part of the City's Master Plan and the Downtown Master Plan.
•	To protect the value and efficiency of operation of surrounding properties.
•	To maintain unique aesthetic, architectural and visual amenities of individual buildings or cluster of buildings.
•	To enable infill development to occur in a manner that is compatible with the surrounding site environment and neighborhood.
•	To ensure that private development and rehabilitation are compatible and coordinated with public investment and improvements.
•	To support new construction and adaptive reuse of buildings through appropriate engineering, architectural and design solutions.
•	To guide the orderly and timely transition from one land use to another within areas subject to building obsolescence, changes in technology, environmental conditions and adjoining development patterns and influences.
•	To ensure that redevelopment occurring in close proximity to the Nashua and/or Merrimack Rivers will conserve and incorporate natural features and enable both visual and physical riverfront access.
•	To promote development opportunities that will eliminate blight and disinvestment.
•	To introduce uses that will have positive long-term social and economic impacts.
•	To establish a complimentary and integrated working, shopping and living environment.
This section implements the following Master Plan recommendations:
•	Develop unified facade and signage standards for commercial buildings in the downtown.
•	Guide commercial and industrial development to the existing built areas of the City and minimize development in outlying, undeveloped areas.
•	Encourage and support businesses that reduce employee and product-related vehicle trips.
In accordance with the Downtown Master Plan, this section establishes two downtown districts. D-1 is the traditional downtown core. It permits more intensive development coupled with pedestrian-friendly design standards. D-3 is a predominantly commercial area, with a more human scale and pedestrian-friendly design standards.
The illustrations throughout this section serve as a guide and are not regulatory.

Generally.

Standards applicable to D-1 and D-3 Districts.

Permitted uses for each district are established in the Use Matrix (§ 190-15).

Setbacks and other dimensional regulations are governed by the Dimensional Matrix (§ 190-16).

An applicant may continue to elect to seek variances from the Zoning Board of Adjustment.

Downtown 1 (D-1).

Purpose: The D-1 Downtown District is established:
•	To promote the goals, objectives and strategies adopted as part of the City's Downtown Master Plan along Main Street between Nashua River and Hollis Street.
•	To preserve and build upon "Walking Main Street" and its walkable, vibrant, and safe character.
•	To foster the mix of retail, offices, and restaurants, working towards the goal of the "twenty-four-hour city."

Building design.

Buildings shall be oriented to the street. A building is "oriented to the street" where all of the following apply:

Off-street parking does not lie between the building's principal entrance and the street.

Pedestrian access from the public sidewalk, street right-of-way or driveway to the principal structure is provided through a hard surface.

The front facade of commercial buildings shall be aligned with the finished grade of the street except as otherwise provided herein.

The principal entry for a residential, civic use or a civic building may include a stoop, portico, colonnade, or a portal.

Building fenestration; storefronts and other uses.

This subsection applies to storefronts and any use except to the conversion of a residential building to a commercial use.

Facades facing or visible from a public street shall include at least four of the following elements:

A pediment.

A cornice adjoining the top of the roof or top of the facade.

Windows in each story above the ground level. Individual window openings shall not exceed four feet horizontally and eight feet vertically. Circular, semicircular and octagonal windows are permitted.

A recessed entryway consistent with the requirements of Subsection B(3)(e) below.

Roofs shall not mask or obscure the architectural features of the front facade such as pediments or cornices.

Access standards. Driveways with ingress and egress onto alleys are preferred. No new driveways are permitted on a collector or arterial street, except as provided for parking entrances.

Landscaping requirements. See Article XXVII.

Off-street parking requirements.

Parking ratios. No minimum number of off-street parking spaces is required.

Loading docks. Loading/unloading docks or designated loading areas shall be located only in the rear or side yard.

Utilities and trash receptacles. See § 190-182, Screening of service or storage areas. In addition:

Downtown District (D-3).

Purpose: The D-3 Downtown District is established:
•	To promote the goals, objectives and strategies adopted as part of the City's Downtown Master Plan along Main Street between Otterson Street and Salmon Brook.
•	To concentrate Downtown's retail growth potential in a second retail node along Main Street South.
•	To create mixed-use buildings with mandatory, traditional storefronts oriented toward Main Street with retail uses at the ground floor.
•	To support existing and proposed infrastructure investments such as broad sidewalks, street trees, and on-street parking with awnings, and active storefronts to create a vibrant pedestrian-oriented retail node.

Source: Urban Design Associates

Permitted uses. Dwelling units are permitted above the first floor of any building with commercial and/or retail uses on the first floor.

General standards and building form. Buildings, lots and parcels shall conform to the standards established subsection § 190-20B(2) through (9) above.

Circulation.

§ 190-21 Airport Approach Zone.

Applicability.

All other articles of this Part 2, including those relating to permits, nonconforming uses and variances, shall, where applicable, apply to the persons and subject matter governed by this Part 2.

Boire Field airport approach plan.

[Amended 10-23-2018 by Ord. No. O-18-027]

Federal Aviation Regulations, Part 77, effective May 1, 1965, establishes the standards used to determine the limit of height of obstructions in the vicinity of the airport.

The limit of height of obstructions shall be:

[Amended 10-23-2018 by Ord. No. O-18-027]

[Amended 10-23-2018 by Ord. No. O-18-027]

Within 7,000 feet of the airport reference point 150 feet above the airport, 349 feet above sea level.

Between 7,000 feet and 12,000 feet from the airport reference point, a conical surface with a slope of 20:1 measured in a vertical plane passing through the center of the airport.

The airport reference point is located on the center line of the runway, 3,000 feet from the southeast end of the runway, and the airport elevation is 200.38 feet above mean sea level (USGS Datum).

[Amended 10-23-2018 by Ord. No. O-18-027[1]]

Editor’s Note: This ordinance also repealed former Subsection C(5), regarding noise compatibility zones, which immediately followed this subsection.

Permitted uses.

Notwithstanding any other provisions of this Part 2 no use may be made of land within the airport hazard area in such manner as to:

Make it difficult for flyers to distinguish between airport lights and others;

Result in glare in the eyes of flyers using the airport;

Impair visibility in the vicinity of the airport;

Establish or alter privately owned flying fields, strips or heliports, unless found not to be objectionable after a special aeronautical study by federal aviation authorities;

Create bird strike hazards;

Otherwise endanger the landing, taking off, or maneuvering of aircraft.

Table 21-1 Table of Land Use Compatibility Standards [Amended 10-23-2018 by Ord. No. O-18-027]
	Yearly Day/Night Average Sound Level (Ldn) in Decibels
Land Use	Below 65	65 to 70	70 to 75	75 to 80	80 to 85	Over 85
Residential
Residential (other than mobile homes and transient lodgings)	Y	N¹	N¹	N	N	N
Mobile home parks	Y	N	N	N	N	N
Transient lodgings	Y	N¹	N¹	N¹	N	N
Public Use
Schools	Y	N¹	N¹	N	N	N
Hospitals and nursing homes	Y	25	30	N	N	N
Churches, auditoriums, and concert halls	Y	25	30	N	N	N
Government services	Y	Y	25	30	N	N
Transportation	Y	Y	Y²	Y³	Y⁴	Y⁴
Parking	Y	Y	Y²	Y³	Y⁴	N
Commercial Use
Offices, businesses and professional	Y	Y	25	30	N	N
Wholesale and retail building materials, hardware, and farm equipment	Y	Y	Y²	Y³	Y⁴	N
Retail trade - general	Y	Y	25	30	N	N
Utilities	Y	Y	Y²	Y³	Y⁴	N
Communication	Y	Y	25	30	N	N
Manufactur- ing and Production
Manufacturing, general	Y	Y	Y²	Y³	Y⁴	N
Photographic and optical	Y	Y	25	30	N	N
Agriculture (except livestock) and forestry	Y	Y⁶	Y⁷	Y⁸	Y⁸	Y⁸
Livestock farming and breeding	Y	Y⁶	Y⁷	N	N	N
Mining and fishing, resource production and extraction	Y	Y	Y	Y	Y	Y
Recreational
Outdoor sports arenas and spectator sports	Y	Y⁵	Y⁵	N	N	N
Outdoor music shells, amphitheaters	Y	N	N	N	N	N
Nature exhibits and zoos	Y	Y	N	N	N	N
Amusements, parks, resorts, and camps	Y	Y	Y	N	N	N
Golf courses, riding stables, and water recreation	Y	Y	25	30	N	N

Key:

Y (Yes): Land use and related structures compatible without restrictions.

N (No): Land use and related structures are not compatible and should be prohibited.

NLR: Noise level reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of the structure.

25, 30 or 35: Land use and related structures generally compatible; measures to achieve NLR of 25, 30 or 35 dB must be incorporated into design and construction of structure.

Notes:
¹	Where the community determines that residential or school uses must be allowed, measures to achieve outdoor to indoor noise level reduction (NLR) of at least 25 dB and 30 dB should be incorporated into building codes and be considered in individual approvals. Normal residential construction can be expected to provide an NLR of 20 dB, thus, the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation and closed windows year round. However, the use of NLR criteria will not eliminate outdoor noise problems.
²	Measures to achieve NLR of 25 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise-sensitive areas or where the normal noise level is low.
³	Measures to achieve NLR of 30 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise-sensitive areas or where the normal noise level is low.
⁴	Measures to achieve NLR of 35 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise-sensitive areas or where the normal noise level is low.
⁵	Land use compatible, provided special sound reinforcement systems are installed.
⁶	Residential buildings require an NLR of 25.
⁷	Residential buildings require an NLR of 30.
⁸	Residential buildings not permitted.[2]

Editor's Note: Former Subsection F, Signs, and former Subsection G, Variances, both of which immediately followed this table, were repealed 10-23-2018 by Ord. No. O-18-027.

§ 190-22 Historic Districts.

Purpose and findings: This article contemplates that the future of the City will be enhanced by recognizing and strengthening the City's heritage. The preservation of structures and places of historic and architectural value is hereby declared to be a public purpose. This section:
(1)	Preserves districts in the City that reflect elements of its cultural, social, economic, political and architectural history;
(2)	Conserves property values in such districts;
(3)	Fosters civic beauty;
(4)	Strengthens the local economy; and
(5)	Promotes the use of Historic Districts for the education, pleasure and welfare of the citizens of the City.
The City hereby finds that the loss of historic or architecturally significant structures through demolition, alteration, moving or incompatible new construction contributes to the destruction of the unique character of the City.

Certificate of approval.

Before passing on an application for a permit, and in reviewing the application, the Commission shall take into account the purpose of this section and consider the following:

The historical or architectural value of the building or structure and its setting; and

The special character of the area including whether or not it is primarily residential or commercial; and

The economic activity of the building and the needs of that activity, and as it relates to the welfare of the community.

Ordinary maintenance and repair of any exterior architectural feature which does not involve a change in design, materials or outer appearance thereof;

Painting or repainting of a building or structure;

Roofing or reroofing of existing structures, provided that the roof plane remains the same;

Storm doors and storm windows, provided that original architectural features are not removed or destroyed.

All other construction, repairs, renovations, alterations not mentioned and all applications for moving or demolition are considered as coming within the scope of review of this article.

Members of the Historic District Commission shall discuss any proposed changes with citizens or anyone contemplating work in a district even though a review is not required by this article.

Procedure for Commission review.

[Added 8-10-2010 by Ord. No. O-10-25; amended 12-13-2023 by Ord. No. O-23-059]

Written finding required:

Appeal. Any person aggrieved by any decision of the building official or of the Commission under this section shall have a right to appeal to the Zoning Board of Adjustment as provided in § 190-136.

[Added 10-24-2017 by Ord. No. O-17-039]

§ 190-23 Mixed Use Overlay District (MU).

Purpose: Mixed Use Districts are established from time to time to achieve the following objectives:
•	To promote the goals, objectives and strategies adopted as part of the City's Master Plan.
•	To assist conventional underlying zoning and land use regulations where the modification of use, dimensional, density and other requirements is appropriate through site plan review.
•	To protect the value and efficiency of operation of surrounding properties.
•	To maintain unique aesthetic, architectural and visual amenities of an individual building or cluster of buildings.
•	To enable infill development to occur in a manner that will be compatible with the surrounding site environment and neighborhood.
•	To ensure that private development and rehabilitation will be compatible and coordinated with public investment and improvements.
•	To support new construction and adaptive reuse of buildings through appropriate engineering, architectural and design solutions.
•	To guide the orderly and timely transition from one land use to another within areas subject to building obsolescence, changes in technology, environmental conditions and adjoining development patterns and influences.
•	To ensure that redevelopment occurring in close proximity to the Nashua and/or Merrimack Rivers will conserve and incorporate natural features and enable both visual and physical riverfront access.
•	To promote development opportunities that will eliminate blight and disinvestment.
•	To introduce uses that will have positive long-term social and economic impacts.
•	To establish a complimentary and integrated working, shopping and living environment.

Applicability.

Mixed Use Districts are overlay zones that conform to RSA 674:21.

Permitted uses.

Principal uses:

Residential:

Multifamily dwellings.

Multifamily high-rise dwellings.

Dormitories.

Elderly housing development.

Community facilities:

Educational purpose which is religious, sectarian, denominational or public.

Nonprofit school, college, university, business or trade school.

Nonprofit boating, swimming and tennis clubs.

Historical association or society.

Agricultural.

Retail sale of agricultural or farm products.

Retail; service; commercial:

Retail establishment selling convenience goods, including but not limited to food, drugs and proprietary goods.

Retail establishment selling general merchandise.

Eating and drinking places.

Hotels.

Personal service establishments.

Membership club operated for profit.

Miscellaneous professional, medical and business offices.

Proprietary school, college, business or trade school.

Proprietary schools for education in the arts, dance, music and drama.

Private day care, nursery, or kindergarten.

Movie theaters or performance theaters.

Museums and art galleries.

Amusement and recreation services, indoor and outdoor.

Accessory uses:

Accessory repair and storage facilities in any retail sales or consumer establishment.

Accessory outdoor storage.

Accessory retail or consumer service uses primarily for the occupants or uses within a hotel or office building.

Accessory dormitory.

Modification of dimensional, density and other regulations.

Site plan suitability report.

Analysis of the ability of the proposed use and existing uses to coexist and the potential impacts that proposed and existing adjoining and surrounding uses and buildings may have upon one another.

Analysis of any impacts on significant natural, architectural, visual or aesthetic qualities of the surrounding environment.

Analysis of the health and safety impacts on customers, residents, employees and the general downtown and inner-city population.

Analysis of economic or property value impacts.

Analysis of traffic and parking impacts.

Analysis of the adequacy of existing municipal facilities and services.

The consistency of the site plan with the Mixed Use District objectives and guidelines established by this section, the Master Plan and sound planning and development principles.

Building and site design:

Proposed building massing, proportions, spacing, scale, setbacks, orientation, facade treatment, height and roof lines should be integrated and compatible with surrounding buildings.

Exterior building and paving materials and details shall be of a composition, scale and form compatible with the site and building environment.

Buildings should be designed in context with clusters of buildings that present a distinct or unified architectural pattern and scale.

Buildings shall be oriented to enhance, maintain and protect unique or significant internal and external view corridors and vistas.

Building rehabilitation:

Building design, materials and details shall be replicated where feasible.

Replacement elements and features, where replication or reapplication is not feasible, shall be in harmony with the scale, design, texture and composition of original building elements.

Circulation:

Adequate access for safety, fire and emergency vehicles shall be available and approved by the Fire Department.

Provisions for public transit connections and stops should be provided where deemed necessary and appropriate by the public transit agency.

Parking:

Off-street loading regulations defined by § 190-190 of this chapter for all uses permitted within the Mixed Use District.

Landscaping and screening shall be provided in conformance with Article XXVII as a means to break up the visual monotony and impervious surface area of parking facilities.

Open space; landscaping:

Landscape plans shall conform to Article XXVII.

Open space and landscaping shall be incorporated and, where practical, provide visual and physical links to parks, plazas, squares and Main Street.

Open space and landscaping shall be provided to accentuate points of access and pedestrian activity.

Lighting:

Lighting sources shall be adequately shielded to avoid glare.

All new construction and rehabilitation projects shall conform to City minimum lighting standards.

Signage:

Rooftop signs and billboards are not permitted as part of site plans for uses permitted by Subsection B unless approved by the Planning Board following review and report by the Zoning Administrator.

All signs shall conform to Article X, Signs, of this chapter, except as modified by this section.

All directional and advertising signs shall conform to Article X of this chapter and shall be of a scale, color and materials consistent with the building, property and surrounding environment.

§ 190-24 Water Supply Protection District.

Boundaries.

Uses in the Conservation Zone.

Land contained in the Conservation Zone may satisfy the open space requirements of any lot.

Lots of record and nonconforming uses:

The lawful use of any building or land existing at the time of the enactment of this article may be continued.

In other cases where currently developed sites are proposed for expansion or redevelopment, a special exception may be granted, if the following conditions are met:

The proposed expansion or redevelopment would be allowed under current zoning ordinances and meets all other requirements for a special exception as set forth in § 190-134 of this chapter.

The proposed expansion cannot be reasonably accomplished within the constraints of Part 2.

[Amended 2-26-2008 by Ord. No. O-08-07]

No increase of impervious surface in the Conservation Zone is proposed, except as designated in Subsection F(5)(c) of this section.

§ 190-24.1 Four Hills Landfill Groundwater Management Zone.

[Added 10-22-2013 by Ord. No. O-13-050]

Boundaries.

Administration.

The provisions of the FHL-GMZ shall be administered by the Health Officer and the Department of Public Works.

Notice of any variances given from the provisions of the FHL-GMZ shall be forwarded to the NH-DES.

Enforcement. The Health Officer shall be responsible for enforcement of the provision of the FHL-GMZ and may pursue all legal and equitable remedies to ensure compliance with this section.

§ 190-25 Flexible Use District.

The flexible use district permits multiple, coordinated uses in an integrated concept development plan, and provides for open space, wetland protection and recreational opportunities.

Permitted uses:

Mixed-use village area:

Elderly housing units.

Personal service establishments including but not limited to hair styling, tailoring, shoe repair, laundromat and dry cleaning establishments or similar uses.

Private day-care nursery.

Quasi-commercial, civic and institutional uses including but not limited to studios for art, dance, music and photography, churches, libraries and post offices.

Farm stands and agricultural uses.

Any type of municipal facility or activity.

Accessory uses. Accessory uses typically associated with the above principal uses shall be allowed with the approval of the Planning Board at the time of site plan review.

With the approval of the conservation commission, dispensing of automotive fuel, with no more than four fuel filling locations.

Medical, dental and veterinary offices.

Indoor amusement and recreation service, including but not limited to health club, fitness center and recreation facilities, limited to no more than three coin-operated amusement devices.

Funeral homes.

Greenhouses.

Residential property dimensional requirements.

Single-family dwellings shall conform to the following requirements in lieu of § 190-16:

	Single-Family Dwellings	Setback Requirement
	Minimum lot area	9,000 square feet
	Minimum side yard	10 feet
	Minimum rear yard	25 feet
	Minimum front yard	25 feet
	Minimum lot width	75 feet
	Minimum lot depth	90 feet
	Accessory structures	6 feet from all lot lines

Dwellings shall be sited with a variety of setbacks to prevent the row house effect.

There shall be no more than 60 elderly housing units included in the development.

Street and utility requirements. The following requirements shall supersede Article XXX of this chapter where applicable:

Public rights-of-way shall be 50 feet.

The Planning Board may require speed reduction or traffic calming devices as it deems necessary.

The Board of Aldermen may accept streets pursuant to § 285-21 of the City Code.

The Planning Board may require that culs-de-sac be teardrop in shape, to facilitate snow plowing or for any other reason.

All utilities shall be provided via underground connections.

Administration.

All applicable fees for submittal of site plans and subdivision plans shall apply.

[Amended 2-26-2008 by Ord. No. O-08-07]

§ 190-26 Planned Residential Development (PRD).

Applicability.

Maximum number of dwelling units, nonresidential development, and total building and parking lot site coverage.

Total recreational space/facilities being provided.

Preservation of natural features.

Compliance with any density bonus provisions.

Permitted uses. The following uses are permitted within a PRD:

Single-family detached, duplex, or multifamily dwellings.

Commercial retail and service establishments as allowed in Local Business (LB) District.

Procedures.

The applicant shall submit a concept plan for the entire tract of the planned residential development. The concept plan shall include the information required by Article XLIII.

Submission and review.

Editor's Note: See Part 3 of this chapter, particularly Arts. XVI and XVII thereof.

Dimensional standards.

Fifty percent of acreage defined as wetlands (as determined in accordance with Article XI) and acreage within the one-hundred-year floodplain (as determined in accordance with Article VII).

All commercial acreage.

Acreage occupied by indoor recreation facilities open to the general public and operated for profit.

Industrial acreage.

Bonus density. Additional dwelling unit density may be obtained if the following incentive(s) are fully satisfied:

Table 26-1 PRD Bonus Density
(A) Incentive	(B) Bonus Units (per acre) Tracts Exceeding 25 Acres	(C) Bonus Units (per acre) Tracts Between 10-25 Acres
An existing natural landscape buffer, which shall be supplemented by additional planting where natural vegetation is sparse or nonexistent, at least 200 feet in depth along existing public rights-of-way (excluding existing structures which are to be incorporated into the proposed project) and 100 feet along all project property lines, whose purpose is to provide a natural visual screen between the proposed development and adjacent property and public roads.	0.5	0.25
Providing 250 square feet per unit or more of developed active recreation facilities, such as swimming pools, tennis courts, basketball courts, play lots and ball fields.	0.3	0.15
When recommended by the Planning Board, and confirmed by the Board of Aldermen, a dedication and/or development of land for a public community facility (excluding water or sewer improvements or roads) which is necessary to serve the general area or district in which the development is located, and/or providing 250 square feet per unit or more of developed active recreation facilities as described above. Such recreation facilities shall be dedicated for public use; shall be consistent with the goals of the City recreation plan; shall be reviewed by the City's Parks and Recreation Director prior to submittal of the plan to the Planning Board and Board of Aldermen. Any dedications secured under this paragraph may be permitted within the required fifty-foot or one-hundred-foot buffer area.	0.20 to 0.50 units per acre, depending upon the quantity and quality of the dedicated facilities as determined by the Planning Board	0.10 to 0.25 units per acre, depending upon the quantity and quality of the dedicated facilities as determined by the Planning Board
Privately operated day nursery or kindergarten facilities providing care for 12 or more resident or nonresident children contained within a freestanding structure (except if associated with a multiple-tenant commercial structure) may be approved by the Planning Board. Such facilities shall be compatible with surrounding land uses and designed in a manner which permits safe and convenient vehicular access and egress. In addition, day nursery or kindergarten facilities shall be subject to the approval and periodic inspection of the City Community Services Division.	0.05	0.025

Open space, parks and recreation.

At least 20% of the total tract area shall be designated as common open space.

Not more than 75% of the common open space shall be wetlands or over 5% sloped area.

Stormwater management facilities (e.g., detention or retention basins/ponds) required by Article XXXI) shall not be designated as part of the required open space.

Conservation regulations. See Article XXV.

Stormwater management. A stormwater management plan consistent with Article XXXI shall be provided with the initial application for all phases of the proposed development.

Street design and transportation.

Street design and transportation shall comply with Article XXX.

The number of new access points to existing and proposed public streets and major through roads within the development shall be limited to two unless otherwise determined by the Planning Board.

The Planning Board may require principal streets to become dedicated public ways.

Private streets shall conform to Subsection H(1) above, and the following standards:

Private maintenance of all street improvements is required (except as specifically required by the City) including rubbish collection, lighting and snow plowing.

The streets shall be posted as private streets by standard street signs.

The Planning Board may allow up to 25% of streets within the development to become public streets when appropriate.

All dwelling units to be sold must have either frontage or permanent easement access to a public street.

Utility requirements. The development shall be served by both a public water and public sewerage system.

§ 190-26.1 Transit-Oriented Development (TOD) Overlay District.

[Added 10-27-2015 by Ord. No. O-15-064]

Applicability.

The Transit-Oriented Development Overlay Districts are flexible overlay zones which are authorized by RSA 674:21.

Processing procedures. Development consistent with the regulations established herein may occur as of right in any TOD Overlay District, subject to the locational restrictions of Subsection C below.

Locational criteria. TOD Overlay Districts shall be located within a reasonable walking distance to a transit station as established on the official Zoning Map.

Uses.

Modification of dimensional, density and other regulations.

The authority granted to the Planning Board by this section shall apply to all uses contained within or approved as part of a development submitted in accordance with the provisions of this section.

Adequate public facilities. The adequate public facilities standards of Article XXIII of this chapter shall not apply to any application for site plan approval within a TOD.

Lot arrangement and dimensions. The front setback shall be established as follows:

Maximum front setback: 15 feet.

§ 190-26.2 The Veterans Memorial Parkway Redevelopment (VMPR) Overlay District.

[Added 4-11-2023 by Ord. No. O-23-044]

Permitted uses. The following uses are permitted in the VMPR Overlay District:

All uses permitted in the underlying zoning district [e.g., the C Urban Residence District (R-C District)].

Active and passive recreational uses.

The Master Concept Plan shall include the following elements:

Proposed subdivision (lot layout), if any

General depiction of the location, size and height of all buildings, all open space, green space areas, and conceptual design of these spaces indicating their intended use.

Conceptual architectural elevations.

Planned improvements to the riverfront adjacent to the property and land to be donated to the City and preserved as open space, if any.

Proposed buffering to adjacent residential neighborhoods.

The anticipated, not-to-exceed total number of residential units.

Anticipated locations and counts of required and proposed covered and open parking spaces.

The proposed general layout of stormwater infrastructure.

Existing topography and preliminary depiction of proposed topography.

The proposed layout of transportation infrastructure including, but not limited, to pedestrian infrastructure and vehicle infrastructure.

The types and typical or preliminary locations and general character of public amenities.

The extent and general design of all off-site improvements.

Zoning requirements and dimensional data in a tabular format (required and proposed).

Off-site improvement arrangements and schedule.

Project phasing.

Rental inclusionary housing unit construction obligations and in lieu affordable payment schedule for owner-occupied development, as applicable.

Repayment plan(s) for loan(s), if any, from the City.

Project bonding requirements, as and if applicable.

Processes to amend the Master Concept Plan and Master Development Agreement.

The Master Concept Plan may be amended in accordance with the procedures set forth in this section.

Minor modifications to the Master Concept Plan may be approved either by the Planning Board or by the Administrative Officer as set forth in the following sections.

Minor modifications requiring Planning Board approval.

The following minor modifications to the Master Concept Plan require Planning Board approval:

Modifications to the proposed building(s) that decrease the number of floors of a building.

Increases in the number of units in a building; provided, that such increases do not increase the total number of units set forth in the Master Concept Plan.

Changes in proposed lot areas of more than 10%.

Modifications to the horizontal improvements of more than 10%, including surface parking spaces and drive aisles.

All changes and modifications not listed in Subsection E(2), (3) or (4)(a), including, without limitation, the following, may be approved by the Administrative Officer, or his or her designee:

Modifications to the exterior design and/or materials used in construction of the buildings.

Decreases in the number of units in a building.

Modifications to utility layouts.

The Master Development Agreement may be amended only by the affirmative vote of the Board of Aldermen.

Dimensional requirements. The following provisions shall govern dimensional requirements for lots and the development thereof in the VMPR Overlay District.

Subject to Subsection F(2) below, the dimensional requirements set forth in Table 16-3 for the R-C Zoning District, as the same may be amended and replaced from time to time, will apply.

At a minimum, the vegetated buffer shall adhere to the following standards:

One tree per 400 square feet of buffer area.

40% of trees shall be deciduous.

40% of trees shall be evergreen.

Spacing between trees shall not exceed 40 linear feet.

One shrub per 40 square feet of buffer area.

20% of shrubs shall be deciduous.

40% of shrubs shall be evergreen.

All plantings shall be native species and any invasive species as listed by the State of New Hampshire shall be prohibited.

All plantings must have a hardiness suitable for the Nashua region as defined by the USDA Plant Hardiness Zone Map.

Planting minimums.

Planting Minimums	Deciduous Trees	Evergreen Trees	Shrubs
Height at planting	12 feet	6 feet	2 feet
Caliper at planting	2.5 inches	n/a	n/a
Height at maturity	30 feet	30 feet	4 feet

Special conditions. The following conditions shall also apply to land in the VMPR Overlay District:

Any lot located in the VMPR Overlay District may contain more than one principal structure.

Conditions 2, 3, 4, 5, 6, 8, 9 and 10 of Ordinance O-84-76 are hereby repealed. Conditions 1 and 7 of Ordinance O-84-76 remain in effect.

In the event of any conflict between the provisions of this § 192-26.2 and other provisions of the Land Use Code, the provisions of this § 192-26.2 shall control.

§ 190-27 Framework.

§ 190-28 Higher Education District (HE).

Purpose: This district is intended to permit the location and growth of institutions of higher education in areas appropriate for such use. This section implements the following Master Plan recommendations:
•	Require higher education facilities (HEFs) to maintain their site plan.
•	Require HEFs to submit for approval any requested additions to an existing HEF.

Adjacent properties sufficiently to identify surrounding uses and potential impacts on them by the applicant's plan;

The location and capacity of all off-street parking spaces;

Internal traffic circulation plans, including traffic ingress and egress locations; and

For new facilities, estimates of traffic load impacts on surrounding public streets.

		LBCS
Accessory Uses	NAICS	Function	Activity	Structure
Dormitories			1300	1320
Gymnasium	713940		7110	4220
Libraries	514120	4242	4100	4400
Museums and art galleries	712110	5200, 5210	6700	4220
Swimming facilities/natatoriums	713940		7110
Outdoor recreation fields			7190
Student unions				4220
Amateur radio transmitter	513112
Bookstore	451211	2135
Churches	813110	6600	6600	3500
Concert halls/performance centers	711310			3110
Day-care and preschool facilities	624410	6562
Floral shops	453110	2141
Game halls	713990	5320, 5380
Gift shops	453220
Hair salons and barbers	812111	2600
Ice skating rink			7130
Parking structure	812930			5230
Restaurants and cafeterias	722110	2510	2200	2220
	722111	2520
	722212
Stadiums			5210	3300

Dimensional standards.

Parking.

Parking areas shall set back a distance of 25 feet from the district boundary.

Parking is not required for upper story dwellings above a first floor commercial or office use.

All parking areas within the same block should be designed to allow interconnection to neighboring parking areas.

Building design.

All equipment and activities shall be screened and placed so as to minimize noise disturbance on any neighboring property.

Exterior lighting used to illuminate the premises and/or advertising copy shall be directed away from adjacent properties, and shall conform to Article IX.

Facade design and features.

Window size, style and placement.

Exterior materials and color.

Roof form.

Sign location and design.

Site plan.

No building shall be erected or constructed, and no development shall occur, unless and consistent with the master site plan approved by the Planning Board.

An updated master site plan may be concurrently submitted to the Planning Board for proposed new building, construction, or development not consistent with the existing plan on record.

§ 190-29 Medical District (MD).

Purpose: The MD Medical District is intended to accommodate medically oriented businesses and facilities. Medical Districts (MD) accommodate medical centers, hospitals and all their normally related functions, if properly sited in relation to each other and pursuant to an approved plan for that district. These standards are designed to ensure that developments in the MD are functionally integrated with other buildings and parking areas and in substantial conformity with a master site plan.
This section implements the following Master Plan recommendations:
•	Consider if the Zoning Ordinance, as it relates to medical services generally, needs to be revised to include provisions for a Medical Services District and related use and dimensional requirements.
•	Any hospital or medical facility expansions need to recognize and protect adjacent residential areas from unreasonable impacts.

Current and anticipated uses of the property;

Adjacent properties sufficiently to identify surrounding uses and potential impacts on them by the applicant's plan;

The location and capacity of all off-street parking spaces;

Internal traffic circulation plans, including traffic ingress and egress locations; and

Estimates of traffic load impacts on surrounding public street system.

Uses permitted.

Hospitals and health care providers are permitted in a Medical District. The following uses are accessory uses within an MD District:

		LBCS
Accessory Uses	NAICS	Function	Activity	Structure
Ambulatory and outpatient care services	6214	6510		4100
Blood and organ banks	621991	6514		4100
Diagnostic imaging centers	621512	6513
Dormitories		1300	1320
Emergency response centers	621910	6430	4200
Family planning and outpatient care services	621410	6512		4100
Day-care homes	624120	6566
Hospitality houses
Hotels
Kidney dialysis centers	621492
Medical and diagnostic laboratories	621511	6513		4100
Medical and nursing schools	611310, 611519
Parking structures, public or private, subject to the standards in Subsection C below.	812930			5230
Pharmacies	446110	2161
Physical therapy establishments	622310	6520		4100
Residential care and treatment facilities			4500
Bookstore	451211	2135
Day-care and preschool facilities	624410	6562
Floral shops		2141
Gift shops
Hair salons and barbers		2600
Restaurants and cafeterias	722212	2510	2200	2200
		2520

		LBCS
Uses Allowed by Conditional Use Permit	NAICS	Function	Activity	Structure
Communication towers subject to § 190-69		4200		6500
Heliports				5640
Dwelling units		1100		1100, 1200

Dimensional standards.

For purposes of this section, the land area used to compute the open space percentage shall include the entire area subject to the site plan or master site plan.

Parking.

There is no maximum parking ratio for buildings in the MD District.

Parking is not required for upper-story dwellings above a first-floor commercial or office use.

All parking areas within the same block should be designed to allow interconnection to neighboring parking areas.

Building design.

All equipment and activities shall be screened and placed so as to minimize noise disturbance on any neighboring property.

Facade design and features.

Window size, style and placement.

Exterior materials and color.

Roof form.

Sign location and design.

Master site plan. No building shall be erected or constructed, and no development shall occur, unless and consistent with the master site plan approved by the Planning Board.

§ 190-30 (Reserved) [1]

Editor's Note: Former § 190-30, Transit-Oriented Development (TOD), was repealed 10-27-2015 by Ord. No. O-15-064.

§ 190-31 Accessory uses and structures.

Dimensional standards.

In residential, commercial and industrial districts, a detached accessory building shall comply with the following:

(A)	(B)
Standard	Requirement
Maximum percent of front or rear yard	25%
Minimum front setback	20 feet
Minimum side or rear setback	6 feet
Maximum height, within 10 feet of property line	12 feet
Maximum height, more than 10 feet of property line	20 feet

Campers. See § 190-35.

§ 190-31.1 Keeping of chickens.

[Added 12-11-2018 by Ord. No. O-18-019]

Applicability. This section applies to chickens as defined in § 190-264. This section does not apply to R-40 and R-30 zoning districts.

Standards.

Chickens shall be kept in accordance with all applicable City ordinances and regulations, and state laws, including but not limited to RSA 644:8, Cruelty to Animals.

Up to six adult chickens may be kept on a lot. Only female chickens are allowed to be kept. Adult male or crowing male chickens (roosters) are prohibited.

The keeping of chickens shall be accessory to and on the premises of a single-family or two-family detached dwelling in an accessory structure or coop and shall be for personal use only.

No person shall sell eggs or engage in chicken breeding or any commercial activity related to the keeping of chickens.

Chickens shall not be permitted to roam free. Chickens shall be secured in a coop during nondaylight hours.

The coop must provide roosting space off the floor of one foot of roost space per chicken.

The coop must provide adequate ventilation, be kept in a neat and sanitary condition at all times, and in a manner that will not disturb neighboring lots due to noise, odor or other adverse impact.

The maximum height for a coop is eight feet measuring from the ground to the top of the structure.

The materials used in building the coop shall be uniform for each element of the structure.

The coop and any run must be located in side or rear yards and cannot be located within 20 feet of a property line.

All feed supplies must be kept in rodent-proof containers.

All stored manure shall be covered by a fully enclosed structure or container. No more than three cubic feet of manure shall be stored.

§ 190-32 Accessory dwelling units.

[Amended 8-8-2017 by Ord. No. O-17-036]

Applicability. This section applies to any accessory dwelling unit.

Standards.

The accessory dwelling unit shall be clearly incidental and subordinate in extent, use, and purpose to the primary structure and does not exceed 750 square feet.

The accessory dwelling unit shall be the only accessory dwelling unit within or on the same lot as the single-family dwelling.

The accessory dwelling unit shall not alter the single-family character or appearance of the single-family dwelling or its conformity with the character of the neighborhood.

No new entrance or exit to an accessory dwelling unit shall be constructed on the front or frontage side of the single-family dwelling.

No new curb cut from the street shall be constructed.

The exterior design of the accessory dwelling unit shall be compatible with the single-family dwelling through architectural use of building forms, scale and construction materials.

(Reserved)

The owner of the property must occupy either the primary or accessory dwelling unit as the owner's principal place of residence.

[Amended 5-22-2018 by Ord. No. O-18-013]

The granting of a certificate of occupancy of the accessory dwelling unit shall be contingent upon receipt of the covenant and fees.

One additional off-street parking space is required above the minimum standard for a single-family house.

An interior door shall be provided between the primary dwelling unit and the accessory dwelling unit.

The single-family dwelling and the accessory dwelling unit shall not be separated in ownership (including by condominium ownership).

Accessory dwelling units shall only be associated with single-family detached dwellings and shall not be associated with manufactured housing as defined in RSA 674:31.

§ 190-33 Attached dwellings.

Multifamily development.

Purpose: The purpose of this section is to provide reasonable design standards for multifamily residential developments that:
•	Provide design flexibility;
•	Accommodate affordable housing for current and future residents of the county;
•	Protect the health, safety and general welfare of the general public and occupants of the units;
•	Protect the property values of surrounding dwelling units;
•	Promote a pedestrian-friendly, walkable streetscape; and
•	Provide for aesthetically pleasing development patterns.

This section applies to multifamily dwelling units as permitted by the Use Matrix (§ 190-15, Table 15-1 of this chapter).

All utility lines shall be located underground.

Room renting. Room renting, where permitted by the Use Matrix (§ 190-15, Table 15-1), shall comply with the following:

No more than four roomers are permitted per dwelling unit; and

Parking areas shall be located only within the rear yard and outside of any required setback. Parking areas shall not exceed 50% of the rear yard.

§ 190-34 Bed-and-breakfast.

The purpose of this section is to regulate bed-and-breakfast establishments within the City. Such establishments as specified by zoning district are subject to the conditions of this section.

The individual or family who operated the bed-and-breakfast facility must occupy the house as their primary residence.

	Table 34-1 Bed-and-Breakfast Guest Rooms
	Zoning District	Number of Guest Rooms
	R-A, R-B, R-C*	3
	LB, GB	10
	D	12

Up to 7 additional guest rooms may be permitted in the R-C District by special exception.

Food services and alcohol may only be provided to overnight guests of a bed-and-breakfast facility pursuant to applicable state and county regulations.

§ 190-35 Campers.

For the location of a recreational vehicle or camper on a lot in a residential district, the following requirements apply:

Guest stationing. Any property owner or lessee in any residential district may accommodate one camper of a nonpaying guest for a period not to exceed 30 days in any one calendar year, provided that:

§ 190-36 Child day-care facilities.

All child care facilities shall comply with the requirements of this section as well as the provisions of RSA 170-E, Child Day Care, Residential Care, and Child-Placing Agencies.

A child day-care facility as a principal use is subject to the following standards:

Child day-care facilities located within a dwelling unit and providing care for more than three children are subject to the following standards and requirements:

The child day-care facility shall be subordinate to a single-family detached dwelling; and

The maximum capacity of a child day-care facility shall be 12 children; and

There is on-site parking for the principal residential use;

No signs shall be permitted except for a nameplate not exceeding one square foot in size and attached flat to the main structure.

Child day-care facilities accessory to a principal nonresidential use are subject to the following standards and requirements:

Outdoor play for any child day-care facility located within any residential district is restricted to the hours of 9:00 a.m. to 6:00 p.m.

§ 190-37 Churches, synagogues, and places of religious worship; and community centers.

Standards. Churches shall comply with all of the dimensional standards for the applicable zoning district, provided that:

Within any R-40, R-30, R-18, R-9, R-A, or R-B Zoning District, the maximum height shall be 36 feet or three stories, subject to any height exemptions prescribed in § 190-16I; and

Within any residential zoning district, no off-street parking shall be located within the front yard.

§ 190-38 Communications towers and antennae.

Purpose and findings: In order to accommodate the communication needs of residents and businesses while protecting the public safety and general welfare of the community, the City finds that these regulations are necessary in order to:
•	Facilitate the provision of wireless telecommunication services to the residents and businesses of the City;
•	Minimize adverse visual effects of communications towers and antennas through careful design and siting standards;
•	Minimize economic impacts on adjacent property values;
•	Avoid potential damage to adjacent properties from tower failure through setback requirements; and
•	Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.

[Amended 8-9-2011 by Ord. No. O-10-44]

Tower locations.

New freestanding communications towers shall not be located closer than one mile from any existing or approved communications tower.

All communications towers must be located the greater of 400 feet from all lot lines or the towers' height from all lot lines of abutting residential properties.

[Amended 8-9-2011 by Ord. No. O-10-44]

In all cases, communications towers must meet the minimum setback requirements of the underlying zoning district.

Only one communications tower is permitted on any one residentially zoned parcel.

Communications towers and antennas shall be located using the following priority:

On existing buildings;

On other existing structures, including but not limited to water tanks and utility transmission poles;

On existing communications towers;

On new structures under 50 feet; and

On new communications towers.

[Amended 8-9-2011 by Ord. No. O-10-44]

Signs and advertising. The use of any portion of a tower for signs or advertising purposes is prohibited, with the exception of the provisions of Subsection J below.

Abandoned or unused towers, portions of towers, or antennas. Abandoned or unused towers, portions of towers, or antennas shall be removed as follows:

§ 190-39 Commercial retrofit or "Greyfield" redevelopment.

This section encourages the redevelopment of existing shopping centers, big-box retail sites, and other sites characterized by large expanses of surface parking into a development pattern that is pedestrian friendly, compatible with surrounding development, provides a visually attractive site design, and which reduces reliance on the automobile for vehicular trips.
This section implements the following Master Plan recommendations:
•	Encourage and support businesses that reduce employee and product-related vehicle trips.
•	Encourage and support businesses that are working to reduce dependence on fossil fuels and other nonrenewable resources.

Applicability. Existing parking lots adjoining the frontage of any site located within the GB, HB, PI, or GI Zoning Districts may be replaced with buildings.

Size and location of site. No minimum parcel size is required.

Uses and density. Development may consist of the following activities:

Apartments may be placed above new or existing office or retail uses. The height of buildings adding aboveground apartments shall not exceed that designated in Table 39-1 below.

Table 39-1 Commercial Retrofit Mixed Use Height Limits
Zoning District	Existing Number of Stories	Additional Stories of Apartment Use Permitted
LB	1	2
	2	1
	3 or more	0
GB	1	2
	2	2
	3 or more	1
HB	1	2
	2	3
	3 or more	3
PI, GI	1	3
	2	3
	3	3
	4	3
	5 or more	3
Other districts	1	2
	2	2
	3 or more	2

Adequate public facilities. The adequate public facilities standards (Article XXIII) shall not apply to a commercial retrofit.

Conservation regulations. A commercial retrofit is not subject to the conservation regulations of this chapter (Article XXV).

Parking.

Service entrances and service yards shall be located only in the rear or side yard.

Not more than four rows of parking may be placed between the existing buildings and any buildings constructed between the existing buildings and the street right-of-way pursuant to this subsection.

§ 190-40 Conservation subdivisions.

This option provides flexibility in site design in order to allow developers to preserve common open space and natural resources. The specific purposes of this section are:
•	To protect the public health, safety and general welfare by avoiding surface and groundwater pollution, contaminated runoff, air quality contamination, and urban heat islands which result from pavement and the clearing of natural vegetation.
•	To protect and preserve natural resources such as wetlands, streams, lakes, steep slopes, woodlands, and water recharge areas.
•	To reduce infrastructure and housing costs by reducing the engineering and construction costs produced by conventional subdivision design, which requires more pavement, wetland crossings, grading of trees and natural areas, and maintenance from lawn and landscaping maintenance.
•	To protect property values by allowing open space design features which enhance the marketability of development.
•	To provide design flexibility.
•	To promote development on soils which are most suitable for urban densities, while preserving soils that are primarily adaptable to other uses such as woodlands, wildlife habitat, and agricultural uses.

This section implements the following Master Plan recommendations:
•	Encourage the protection of wildlife habitats through improved land use regulations, . . . and the setting aside of such land in cluster developments and planned residential developments (PRDs) [Conservation Element].
•	Ensure that an adequate amount of open space is set aside for the enjoyment of citizens, as a relief from the built environment, and as wildlife habitat (Conservation Element).
•	Encourage the use of the cluster and PRD styles of subdivision development, to enable greater amounts of open space in subdivisions (Conservation Element).
•	Amend the cluster and PRD sections of the Nashua Zoning Ordinance to increase the amount of open space required to be set aside and decrease the amount of wetlands that can qualify towards the total open space area (Conservation Element).
•	Require developers to set aside adequate amounts of accessible and usable recreational land within subdivisions and on large nonresidential tracts, where advisable, through the subdivision and site plan approval processes (Conservation Element).

Applicability. A conservation subdivision is permitted in any residential zoning district.

Uses and density.

Permitted uses are governed by the applicable zoning district regulations.

In order to provide undivided open space for direct views and access, at least 40% of the lots within a conservation subdivision shall abut a conservation area.

Direct pedestrian access to the open space from lots not adjoining the open space shall be provided through a continuous system of sidewalks and trails.

Additional dwelling unit density may be obtained if the incentive(s) described in Table 40-1 are fully satisfied.

Conservation subdivisions may contain more than one principal structure on a lot.

[Added 3-9-2021 by Ord. No. O-21-049]

Comment: An example of how densities are computed for a conservation subdivision is as follows:

Table 40-1 Conservation Subdivision Bonus Density
(A) Incentive	(B) Bonus Units (per acre) for Tracts Not Exceeding 10 Acres
An existing natural landscape buffer, which shall be supplemented by additional planting where natural vegetation is sparse or nonexistent, at least 200 feet in depth along existing public rights-of-way (excluding existing structures which are to be incorporated into the proposed project) and 100 feet along all project property lines, whose purpose is to provide a natural visual screen between the proposed development and adjacent property and public roads.	0.25
Providing 250 square feet per unit or more of developed active recreation facilities such as swimming pools, tennis courts, basketball courts, play lots and ball fields.	0.15
When recommended by the Planning Board, and confirmed by the Board of Aldermen, a dedication and/or development of land for a public community facility (excluding water or sewer improvements or roads) which is necessary to serve the general area or district in which the development is located, and/or providing 250 square feet per unit or more of developed active recreation facilities as described above. Such recreation facilities shall be dedicated for public use; shall be consistent with the goals of the City recreation plan; shall be reviewed by the City's Parks and Recreation Director prior to submittal of the plan to the Planning Board and Board of Aldermen. Any dedications secured under this paragraph may be permitted within the required fifty-foot or one-hundred-foot buffer area.	0.10 to 0.25 units per acre, depending upon the quantity and quality of the dedicated facilities as determined by the Planning Board
Privately operated day nursery or kindergarten facilities providing care for 12 or more resident or nonresident children contained within a freestanding structure (except if associated with a multiple-tenant commercial structure) may be approved by the Planning Board. Such facilities shall be compatible with surrounding land uses and designed in a manner which permits safe and convenient vehicular access and egress. In addition, day nursery or kindergarten facilities shall be subject to the approval and periodic inspection of the City Community Services Division.	0.25

Site design.

A conservation subdivision shall comply with Article XXV of this chapter, except as otherwise provided herein.

Lots within a conservation subdivision are not subject to the minimum frontage or minimum lot width requirements of the Dimensional Matrix (Article III, § 190-16, Table 16-3).

Lots within 100 feet of a conservation area shall front on a conservation access street. Lots shall not front on a collector or higher order street.

Street design and transportation.

A conservation subdivision shall comply with Article XXV of this chapter, unless otherwise provided, and the provisions of this subsection.

The design of local streets shall comply with the standards for geometric design, as set forth in § 190-208.

Streets shall not cross existing slopes exceeding 25%.

Open space and parks.

Not more than 50% of the wetlands on the site shall be designated as a conservation area.

	Table 40-2 Conservation Subdivision Open Space
	(A)	(B)
	Area	Function Value Factor
	Wetlands	0.5
	Woodlands	1.5
	Sensitive aquifer recharge features	0.5
	All of the floodway and flood fringe within the 100-year floodplain, as shown on official FEMA maps	0.5
	All areas within 100 feet of the edge of the 100-year floodplain as delineated on the FEMA maps and any Letter of Map Revision	1.0
	All areas within 100 feet of the banks of any stream shown as a blue line on the USGS 1:24,000 (7.5 minute) scale topographic maps for the City of Nashua	1.0
	Steep slopes (i.e., slopes exceeding 25%)	0.5
	Soils subject to slumping, as indicated on the medium-intensity maps contained in the county soil survey published by the USDA Natural Resources Conservation Service	0.5
	Significant wildlife habitat areas	1.0
	Areas with highly permeable ("excessively drained") soil	0.5
	Historic, archaeological or cultural features listed (or eligible to be listed) on national, state or county registers or inventories	1.0
	Scenic views into the property from existing public roads	1.0

§ 190-41 Drive-through or drive-in uses.

Ingress and egress geometry.

Individual driveway lanes that are less than 12 feet wide shall exit at least 85 feet from any other driveway.

Stacking lanes for the drive-through facilities shall be at least 10 feet wide.

The need for a bypass lane shall be determined at the time of site plan review. If required, the bypass lane shall be at least nine feet wide.

	Table 41-1 Drive-Through Stacking Distances
	Number of Drive-Through Lanes	Stacking Distance (feet)
	1	160
	2	140
	3	120
	4	100
	5	80

Where no turns in the drive-through lane are required, the minimum distance to the drive-through exit from the center line of the pickup window shall be 60 feet.

Stacking lanes shall not conflict with parking space access.

The entrance into the drive-through lanes shall not conflict with general access to the site.

Compatibility standards.

Alleys or driveways in residential zoning district adjacent to drive-through facilities shall not be used for circulation of customer traffic.

§ 190-41.1 Drug replacement therapy facilities.

[Added 4-13-2010 by Ord. No. O-10-13]

Applicability. This section applies to any new or expanded drug replacement therapy facility, as defined in § 190-264, whether sited in a new or existing building.

Standards.

Any new or expanded drug replacement therapy facility requires site plan and conditional use permit approval by the Nashua Planning Board.

Hours of operation of the facility shall commence no earlier that 7:00 a.m. and end no later than 6:00 p.m.

The facility shall offer outpatient services only. No beds or any form of overnight accommodations are permitted.

Outdoor advertising shall be limited to one sign with an area no greater than 12 square feet.

§ 190-42 Housing for older persons.

[Amended 2-27-2007 by Ord. No. O-06-52; 3-21-2017 by Ord. No. O-16-020]

	•	The development of housing for older persons may allow residents the opportunity to enjoy the rights and privileges of ownership and maintenance of private property within the City of Nashua.
	•	It is a community goal to promote development of housing for older persons that provides facilities and service offerings typically demanded by this group, and it is also a goal to promote proximity of such development to support services (shopping, medical services, transportation, etc.) necessary to meet the needs of these residents.
	•	Housing developed in this section must be established and maintained in compliance with all applicable state and federal laws with respect to such housing and/or medical care, including the Fair Housing Act, as amended, 42 U.S.C. § 3601 et seq., NH and RSA 354-a:15.
	•	Pursuant to RSA 354-a:15, II and III, it is recognized that prohibitions against housing discrimination do not apply to housing for older persons, which conforms to all applicable rules and regulations.
	•	The intent is to foster development of housing for older persons while detailing local planning standards and promoting consistency with land use policies in the Master Plan and the land use laws and regulations.
	•	The intent is to regulate the intensity and mix of the different types of dwelling units required to meet the needs of these citizens so as to provide ample outdoor and livable space and to retain a sense of personal identity intimacy and human scale within the development.
	•	The intent is to review the bulk, height, and spacing of buildings and the traffic circulation and parking pattern within the development to ensure that the adequate light, air, privacy landscaping, and open space for passive and active recreation are provided with the development.
The City of Nashua finds, determines and declares that:
	•	There is a recognized need within the City for suitable and appropriate housing for older persons.
	•	Older persons are exclusively people age 55 and older.
	•	According to Demographic Element of the Master Plan, the number and proportion of persons 55 years or older will increase significantly during the next several decades, thereby creating an increased demand for elderly housing.
	•	Housing for older persons can be developed to provide housing opportunities for this group and at the same time not detract from the low-density settlement patterns defined by significant open space and a rural community character described in the Master Plan.
	•	It is recognized that exclusive zoning for persons 55 or older promotes the general health and welfare.
This section implements the following Master Plan recommendation:
	•	Due to the likely increase in demand for elderly housing, both for independent living and managed care facilities, it is recommended that the Zoning Ordinance be examined and revised, if necessary, to ensure that adequate opportunities to develop elderly housing are available. This is especially important given the projected increase in the senior population over the next 10 to 20 years.

Applicability. For purposes of this section, "housing for older person" means housing that complies with the provisions of RSA 354-a:15 (Housing for Older Persons).

Where permitted.

The provisions of this division shall apply only to applications consisting of dwelling units of less than 1,000 square feet each.

Housing for older persons developments may contain more than one principal structure on a lot.

Standards. Applications subject to this section shall conform to the following standards:

Compliance.

Programs designed to provide a social life for residents;

Continuing education programs of interest to residents;

Information and counseling services;

Recreational programs;

Homemaker services;

Services designed to assist residents with the maintenance and upkeep of building and grounds;

An accessible physical environment;

Emergency and preventive health care programs;

Congregate dining facilities;

Transportation to facilitate access to social services;

Referral services; and

Services designed to encourage and assist residents to use the services and facilities available to them.

Table 42-2
Elderly Housing Density dwelling units per acre
Zoning District	Single-Family	Duplex	Multifamily
R-40	2	0	0
R-30	3	0	0
R-18	5	0	0
R-9	6	8	8
R-A	8	8	8
R-B	8	8	12
R-C	8	8	12
D-1, D-3	0	0	40
HB	0	8	12
GB	0	8	12

Safety issues. The following requirements may be amended at the discretion of the Planning Board prior to final approval:

Each unit shall have address numbering of contrasting color to the structure, a minimum of six inches in size, and visible from the street and/or driveway.

§ 190-43 Extractive industries.

See Part 5, Excavation Regulations.

§ 190-44 Fences.

Wall, fence or similar enclosures shall conform to the following:

In residential zoning districts, shall not exceed six feet in height or interfere with traffic circulation.

In nonresidential zoning districts, shall not interfere with traffic circulation (no height restriction).

[Added 12-12-2023 by Ord. No. O-23-065]

§ 190-45 Gas stations/convenience stores.

Purpose: This section reconciles the interests of the City and residential neighborhoods relating to health and safety, traffic, property values and aesthetics, with the economic interests and public needs relating to gasoline stations. This section mediates these concerns by:
•	Varying spacing requirements for small gas stations, car-care centers, and convenience stores selling gas.
•	Applying design standards and signage regulations to canopies and pumps.

Uses. The retail sale of gasoline shall be considered the principal use of the site. Uses contained within the principal structure may include the following uses:

Interior ATM machine.

Check cashing services.

Copying and fax services.

Money orders or money grams.

Pre-prepared/packaged food.

Accessory uses.

The accessory uses listed below may be combined with the principal uses pursuant to Table 45-1:

Table 45-1 Accessory Uses
	Number of Accessory Uses Permitted
Lot Area (square feet)	Lots Not Within 400 Feet of a Residential Zoning District	Lots Within 400 Feet of a Residential Zoning District
Less than 10,000	2	1
10,000 to 19,999	4	2
20,000 to 43,560	6	3
Greater than 43,560	8	4

Car washes, if permitted or conditionally permitted by the respective zone, and subject to the specifications of § 190-45H below.

Auto repair, if permitted or conditionally permitted by the respective zone, and limited to the following activities:

Changing of engine oil and filters.

Lubrication of motor vehicle chassis.

The cleaning of component parts.

Brake adjustment and replacement.

Alignments.

The sale and installation of batteries and minor automotive accessories.

The sale, mounting and repair of tires.

The servicing of air conditioners.

The servicing of air pollution control devices.

The testing, adjustment and replacement of parts.

Towing operations.

Fast-food/deli counter services for made to order food.

Exterior standalone ATM machine(s).

Ticket outlet/distribution services for entertainment or sporting events.

Video games, arcades or video rental.

Drive-through window.

Mail/package pickup services.

Outdoor sales (in excess of 300 square feet).

Pumps.

Pumps shall be a minimum 20 feet from public right-of-way and from buildings.

Pumps shall be located a minimum of 50 feet from residentially zoned properties.

Pump islands shall be designed with a minimum of one vehicle stacking spaces behind vehicle parked at the pump closest to an exit and/or entrance driveway.

Canopies.

Canopies can be no higher than the district regulations for structures.

Fixtures shall be recessed into the canopy so that no glare is visible from the fixture.

Canopies are considered an accessory structure and are included in all calculations for site coverage.

No more than 18% of the site shall be covered by a canopy.

Driveways. The standards of § 190-209 shall apply except as follows:

The number of entrances shall not exceed two from any one street.

Driveway entrances shall be separated by the following minimum distances as measured along the street right-of-way line, but in no case less than 25 feet:

Local streets: two times the driveway width; and

Collector or arterial streets: three times the driveway width.

Driveways shall be located a minimum of five feet from the side lot line.

Automatic car wash.

Auto repairs. All auto maintenance lubes or other authorized or permitted repairs must be conducted wholly within a structure.

Self-service vacuum stations. All self-service vacuum stations shall be located at least 30 feet from residentially zoned property.

Outdoor loudspeakers. Outdoor loudspeakers or public address systems designed to communicate with customers at pump islands shall not be audible beyond the property line of the lot or parcel.

Refuse storage and disposal. Trash areas shall be provided and screened on at least three sides from public view by an opaque impact-resistant fence of sufficient height to screen the dumpster(s).

Landscaping. The area between the public sidewalk and the private curbs defining the limits of the driveways and the parking areas on the site shall be landscaped consistent with § 190-185.

Stacking. Minimum distance for on-site stacking of automobiles (measured from the center line of the pickup window) shall be consistent with § 190-41 (drive through or drive in uses), Table 41-1.

§ 190-46 Halfway houses and community living facilities.

Applicability.

This section applies to any of the following:

In addition to a conditional use permit, an applicant must comply with site plan review regulations as set forth in Parts 3 and 4.

Building design.

Spacing. Halfway houses shall be located at least 1/4 mile from all existing halfway houses and from all of the following uses as defined in the Use Matrix (§ 190-15, Table 15-1):

Correctional facility.

Orphanage, children's homes and similar uses.

Day-care facility, adult.

Hotel, motel, or tourist court.

Operations.

The maximum number of persons served shall not exceed 32.

On-site services shall be for residents of the facility only, except where part of a regimen of scheduled postresidential treatment.

The operator shall submit a management plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.

§ 190-47 Home occupations.

No nonresidents shall be employed on the premises.

No more than 20% of the existing gross floor area of the dwelling or 200 square feet, whichever is less, shall be devoted to such use.

The use shall be carried on entirely within the principal building.

The use shall not change the internal or external residential character of the dwelling or require internal or external alterations to the structure.

There shall be no exterior storage or display of any kind which is related to the home occupation.

Not more than one commercial vehicle shall be stored, parked or otherwise situated on the premises. Such vehicle shall not exceed 25 feet in length.

[Amended 11-12-2008 by Ord. No. O-08-38]

No more than one nonresident shall be employed.

The use shall be carried on strictly within the principal building.

The use will not change the internal or external residential character or function of the dwelling to the extent that the use will be objectionable to other residential uses in the neighborhood.

There shall be no exterior storage or display of any kind which is related to the home occupation.

Only goods produced on the premises, and made to order for a specific customer, may be sold on the premises.

Not more than one commercial vehicle shall be stored, parked or otherwise situated on the premises. Such vehicle shall not exceed 25 feet in length.

The use will not cause vehicular traffic which is substantially different from that which currently exists on the street.

Sign regulations. The following regulations apply to any home occupation sign in any residential district:

Maximum sign area shall be two square feet.

Sign shall not be illuminated.

Sign content shall be identification only including the name and address of the occupant or business.

Maximum number of home occupation signage per premises shall be one.

Advertising on the premises is prohibited.

Street address of the premises shall be prominently displayed by use of numerals no smaller than three inches in height and no larger than six inches in height.

The above conditions for home occupation signage apply to both minor and major home occupations, as referenced in this § 190-47 of this chapter.

§ 190-48 Inclusionary zoning.

[Amended 12-28-2021 by Ord. No. O-21-073]

Definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABLE

For rental housing, that the total housing costs for the dwelling unit, inclusive of utilities and other directly related expenses, do not exceed 30% of the income of the household; or

COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)

AFFORDABLE HOUSING

AREA MEDIAN INCOME (AMI)

CDD

Community Development Department of the City of Nashua, or its successor.

As defined in 24 CFR 92.2, which is hereby incorporated by this reference.

DOWNTOWN

Any lot, parcel or tract within a contiguous area that is located within the D-1 or D-3 zoning districts.

HOUSING DEVELOPMENT

OWNERSHIP HOUSING

Any dwelling unit intended to be conveyed in fee simple, condominium, or equity-sharing arrangement such as a community housing land trust and limited equity cooperatives.

RENTAL HOUSING

Any dwelling unit intended to be rented rather than conveyed as ownership housing.

Affordable housing requirements.

Units: The total number of housing units in the proposed housing development.

Location: "Citywide" refers to projects in any location in the City of Nashua other than Downtown. "Downtown" refers to projects located in the Downtown.

IZ Required: This column indicates whether a housing development of a specific unit count in a specific location is required to include below-market affordable units as per this section.

Total Percent Required: This column indicates the percentage of the total number of units that are required to meet Tier 1 and Tier 2 Target AMI levels as outlined in the next two columns.

Tier 1 Target AMI: This column indicates a percentage of the total number of units that must be affordable at or below a specific target AMI.

Tier 2 Target AMI: This column indicates a percentage of the total number of units that must be affordable at or below a second specific target AMI.

Payment in Lieu Value: This column indicates the fee in lieu amount per full unit. That amount is prorated for partial units proportionately.

Editor's Note: Table 48-1, Inclusionary Zoning (IZ) Policy Matrix, is included as an attachment to this chapter.

In cases of conflict between Table 48-1 and this section, the language in the table shall prevail.

Term, location and size of affordable units.

Certificates of occupancy and project phasing.

Certificates of occupancy for affordable units must be obtained at the same time as those of other housing units in the housing development.

Bonus density ratios.

Any development that provides required affordable units as outlined in this section is eligible for a bonus density ratio as listed in Table 48-1.[2]

Editor's Note: Table 48-1, Inclusionary Zoning (IZ) Policy Matrix, is included as an attachment to this chapter.

Enforcement.

Affordability of rental units shall be enforced through a deed restriction and lien granted to the City of Nashua.

Administration.

This section shall be administered by the CDD, including establishing and updating affordable sales prices and rents based on reasonable and documented methodologies.

CDD shall promulgate regulations to further specify the details of this section, which shall be approved after a hearing and vote of the Planning Board.

§ 190-49 Junkyard, automotive recycling yards and motor vehicle recycling yards.

Purpose: This section establishes regulations consistent with state law, including RSA 236:111 to 236:129.

All motor vehicle recycling yards and junkyards shall comply with the requirements of this section as well as the applicable provisions of RSA 236:90 et seq., as amended, or RSA 236:111 et seq.

Motor vehicle recycling yards and junkyards established or expanded after the effective date of this chapter shall be located at least 300 feet from any residence or office residence district.

Any geographic expansion of the facility.

All motor vehicle recycling yards and junkyards shall provide the following with any application for conditional use permit:

A vicinity plan.

A description of natural features, including streams, rivers, lakes, wetlands and major topographical features located within 350 feet of the site.

A description of the proposal and how it compares to land uses within 350 feet of the site.

A description of any potential environmental hazard due to existing or proposed land uses, including soil, water and air contamination.

An air quality plan describing stationary and mobile source air emissions, their quantities and composition, and indicating conformance with all applicable air quality regulations.

A sound attenuation plan describing sources of sound and indicating conformance with all applicable sound and noise regulations.

A vibration dampening plan describing sources of vibration and indicating conformance with all applicable vibration regulations.

A drainage plan for stormwater management and runoff.

§ 190-50 Manufactured housing.

Applicability. This section applies to manufactured housing located in manufactured home parks. Manufactured home parks are permitted where indicated in the Use Matrix, provided that:

The lot conforms to the dimensional and density regulations set forth in § 190-16, as well as all other applicable regulations of this section.

Evidence shall be presented to substantiate that adequate provision is being made for water supply and sewage disposal.

The manufactured home residence must conform to the general character of developed land uses within the neighborhood.

Sewage and waste disposal.

Districts allowing parks. See Use Matrix (§ 190-16).

Permits.

Location and space requirements.

Not more than one manufactured home shall be placed upon a lot. No manufactured home shall be situated closer than 50 feet to any permanent residence on adjoining property.

The minimum acreage for the site of a manufactured home park shall be 15 acres.

Open space, parks and recreation. Each manufactured home park shall comply with Article XXIX.

Convenience facilities and establishments. Coin-operated laundries and other commercial convenience establishments may be permitted in manufactured home parks, provided that:

They are subordinate to the residential character of the park;

They are located, designed and intended to serve only the needs of persons living in the park;

They and any parking areas related to their use shall not occupy more than 5% of the total developed area of the park; and

They present no visible evidence of their commercial nature to areas outside the park.

Street design and transportation. Street design and transportation shall comply with Article XXX.

Utilities. Utilities shall comply with Article XXXII.

Garbage and refuse disposal.

The owner or manager of the park shall ensure that all garbage and refuse is disposed of regularly and in a sanitary manner approved by the Health Officer.

Inspections. The Administrative Officer, Health Officer and Fire Inspector shall inspect each manufactured home park from time to time, at reasonable hours.

Application of City ordinances. In the location, operation and maintenance of a manufactured home park, this article and all other ordinances of the City not in conflict herewith shall be observed.

§ 190-51 Neighborhood Center.

Purpose: A Neighborhood Center provides shopping, service and employment opportunities within walking or driving distance of residential areas. The Center is spatially defined and concentrated in a nodal pattern, as opposed to conventional strip shopping centers. Neighborhood Center features urban design guidelines such as zero setbacks and streetscapes with windows and entryways.
This section permits Neighborhood Center in a wider variety of districts and situations, subject to strict design standards that prohibit strip development and encourage walkable streetscapes. Freestanding commercial uses that do not meet the standards of this section are located in the other commercial zoning districts.
This section implements the following Master Plan recommendations:
•	Provide adequate shopping and service opportunities for under-serviced populations.
•	Encourage infill development within, and work to revitalize existing commercial areas.
•	Guide commercial and industrial development to the existing built areas of the City and minimize development in outlying, undeveloped areas.
•	Encourage and support businesses that reduce employee and product-related vehicle trips.

Applicability. This section applies to any of the following:

Any Neighborhood Center authorized by a conditional rezoning to an LB Zoning District.

Processing procedures. A Neighborhood Center shall require approval of a site plan.

Size and location of site.

A Neighborhood Center may be located at the intersection of any collector or higher traffic volume street classification as a conditional use within all residential zoning districts.

A Neighborhood Center shall not exceed 150 feet of frontage.

The establishment of a Neighborhood Center shall not establish a precedent for higher-density zoning between the nodes or intersections where the Neighborhood Centers are established.

Table 51-2 Dimensional Requirements
(A)	(B)		(C)
	R-40, R-30	R-18, R-9	R-A, R-B, R-C
Minimum frontage (feet)	15	15	15
Maximum frontage (feet)	150	150	150
Maximum height (stories)	2	2	2
Minimum front setback (feet)	30	20	0
Maximum front setback [principal arterial, arterial] (feet)	35	25	25
Maximum front setback [collector, local] (feet)	10	10	5
Maximum building size (square feet)	8,000	10,000	12,000
Maximum size per use or tenant (square feet) [not applicable to grocery stores (land use codes LBCS Function 2151, NAICS 445110)]	4,000	4,000	4,000
Maximum parcel size (square feet)	43,560	43,560	25,000

Open space and parks.

The open space within the proposed development shall be compatible with the surrounding neighborhood. The following amenities are recommended to be provided in the open space area:

Ornamental fountains.

Ornamental lampposts

Stairways.

Waterfalls.

Sculptures.

Arbors.

Trellises.

Planted beds.

Drinking fountains.

Clock pedestals.

Awnings.

Canopies.

Benches, picnic tables, or similar outdoor seating spaces.

Not less than one linear foot of seating shall be provided for each 50 square feet of open space. Seating dimensions shall comply with the requirements of the Americans with Disabilities Act.

Building design. The building design shall be compatible with the surrounding neighborhood.

§ 190-52 Permanent outdoor display areas.

Such outdoor display is permitted in any yard, subject to a minimum setback of 20 feet from an adjoining property line.

Maximum height of displayed merchandise limited to height of fence or wall or six feet.

All outdoor displays must be located on the same lot as the principal use.

Areas used for such display shall be furnished with an all-weather hard surface of a material such as bituminous or concrete.

Such display shall not violate applicable federal, state, or local laws specific to the use of solid, liquid and gaseous chemicals, materials or products.

§ 190-53 Outdoor storage.

Uses that involve the outdoor storage of inventory, materials, parts, or equipment shall comply with the following standards:

Required setbacks.

Outdoor storage shall not be located within a required front setback. (See Table 16-3.)

Outdoor storage shall not be located closer than 50 feet to any street or any residential district boundary line.

Screening and landscaping. See § 190-182.

§ 190-54 Residential uses.

§ 190-55 Sexually oriented businesses.

Purpose and findings.

Ensure orderly and thorough City review of applications for sexually oriented uses.

The 1979 Sexually-Oriented Use Study by the Phoenix Planning Department;

Tucson, Arizona (1990).

The 1991 report to the City of Garden Grove by Drs. McCleary and Meeker on the relationship between crime and sexually oriented business operations;

The City of Los Angeles in 1977;

The 1984 "Analysis of Adult Entertainment Businesses in Indianapolis" by the Department of Metropolitan Development;

Minneapolis, Minnesota (1980);

Cleveland, Ohio (1977);

Oklahoma City, Oklahoma (1986);

Austin, Texas' study on effects of sexually oriented businesses;

Amarillo, Texas (1977);

Beaumont, Texas (1982);

Houston, Texas (1983); and

Seattle, Washington (1989).

Crime rates tend to be higher in residential areas surrounding sexually oriented businesses than in industrial or commercial areas surrounding sexually oriented businesses;

Areas within close walking distance of single and multiple-family dwellings should be free of sexually oriented businesses;

Ensure that the impact on such sensitive uses by adverse secondary effects caused by sexually oriented businesses are mitigated to the maximum extent possible;

Prevent ad hoc decisions with respect to a potential sexually oriented business site which does not meet the criteria set forth herein; and

Provide certainty to the residents of the City and sexually oriented business operators with respect to potential sexually oriented use sites.

The existence of sexually oriented businesses in close proximity to residential areas has been shown in some cities to reduce the property values in those residential areas;

The Board of Aldermen finds the following, in part based upon its understanding of the documents and judicial decisions in the public record:

Evidence indicates that performers at sexually oriented businesses have been found to engage in acts of prostitution with patrons of the establishment;

The Board of Aldermen has determined that the establishment of a permitting process for sexually oriented businesses is a legitimate and reasonable means of ensuring that:

Operators of sexually oriented businesses have specific guidelines with respect to where they can establish or operate a sexually oriented business.

The Board of Aldermen and Planning Board have held duly noticed public hearings, to receive input and testimony from the public concerning the adoption of this proposed ordinance.

ADULT ARCADE

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade adult material, or an establishment with a segment or section devoted to the sale or display of such material.

ADULT CABARET or ADULT NIGHTCLUB

A business establishment or concern which features live performances by dancers or similar entertainers in the nude.

ADULT DANCE STUDIO

ADULT ENTERTAINMENT STUDIO

ADULT HOTEL

ADULT MATERIAL

Materials which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

ADULT-ORIENTED MERCHANDISE

ADULT THEATER

ARCADE BOOTH

BREAST

COMMERCIAL ZONING DISTRICT

DANCER

EMPLOYEE

Any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment studio.

ENTERTAINER

ENTERTAINMENT

Any exhibition, performance, display or dance of any type, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered for amusement.

EROTIC DANCE STUDIO

A fixed place of business which emphasizes and seeks, through one or more dancers or performers, to arouse or excite the patrons' sexual desires.

FIGURE MODELING STUDIO

INDUSTRIAL ZONING DISTRICT

MATERIAL

NUDE

Any state of undress in which the whole or part of any of the following, at a point below the top of the areola, is less than completely and opaquely covered:

The male or female genitals; or

The male or female pubic area; or

The female breast (see the last sentence in this subsection); or

The buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, dental floss and thongs.

SEXUALLY ORIENTED BUSINESS

OBSCENE

OPERATOR

Any person, partnership, or corporation operating, conducting or maintaining a sexually oriented use or sexually oriented business.

PARK

Any public or private land designated as "open space public" or "open space, private" in the Master Plan.

PATRON

Any person who is a guest, member or customer on or in a sexually oriented business.

PERFORMER

PERSON

Any natural person, or any association, partnership, or corporation.

RELIGIOUS INSTITUTION

A facility used primarily for religious assembly or worship and related religious activities, including any church, place of worship, parish house, or convent.

RESIDENTIAL ZONE

SCHOOL

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered:

Human genitals, pubic region;

Buttock; or

Female breast below a point immediately above the top of the areola; or

Any device or covering, when exposed to view, which simulates the female breast below a point immediately above the top of the areola, human genitals, pubic region or buttock; or

SPECIFIED SEXUAL ACTIVITIES

Human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered.

Includes:

Human genitals in a state of sexual stimulation or arousal; and/or

Acts of human masturbation, sexual intercourse or arousal; and/or

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; and/or

Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

Applicability.

The establishment of any sexually oriented business includes any of the following activities:

The opening of such a business as a new business.

The relocation of a sexually oriented business.

The conversion of an existing business to a sexually oriented business.

An increase of the square footage of an existing sexually oriented business.

The conversion of an existing sexually oriented business to a different type of sexually oriented business.

Locational limitations.

No sexually oriented business is permitted within 1,000 feet of another existing sexually oriented business or one for which a building permit or zoning certificate of use has been applied for; and

No sexually oriented business is permitted within 750 feet of the City boundaries; and

No sexually oriented business is permitted within 1,000 feet of another existing sexually oriented business on the date of the passage of this amendment; and

No sexually oriented business is permitted within a building, premises, structure or other facility that contains a sexually oriented business as defined in Subsection B above.

Development and performance standards.

Hours of operation.

Signs. All sexually oriented uses or sexually oriented businesses shall comply with the following sign requirements in addition to the requirements of Article X of this chapter:

Minors' access.

Other adult materials. Access to adult materials shall be restricted to persons over 18 years of age.

Notification of requirements. A sign shall be conspicuously displayed in the common area of the premises, and shall read as follows:

	"THIS SEXUALLY-ORIENTED BUSINESS IS REGULATED BY NASHUA LAND USE ORDINANCE § 190-55. ENTERTAINERS ARE:
	1.	Not permitted to engage in any type of sexual conduct;
	2.	Not permitted to expose their sex organs;
	3.	Not permitted to demand or collect all or any portion of a fee for entertainment before its completion."

Private performances. Any area in which a private performance occurs shall:

The Administrative Officer shall issued the land use permit if it complies with the requirements of this section.

Appeals.

Any interested person may appeal the decision of the Administrative Officer to the Board of Zoning Appeals in accordance with the provisions of Part 4 of this chapter.

An appeal to the Hillsborough County Superior Court from any action of the Board of Zoning Appeals hereto shall be taken in accordance with RSA Chapter 677.

Temporary permit pending judicial review of decision to grant or deny.

The sexually oriented business use is consistent with the location requirements of § 190-55D and the applicable performance standards of § 190-125E; and

The sexually oriented business is located in a zoning district which lists sexually oriented businesses as a permitted use; and

The sexually oriented business structure does not contain any apartments or other living quarters; and

The applicant is at least 18 years of age; and

Display of license or permit. The land use permit shall at all times be displayed in a conspicuous public place in the sexually oriented business.

The operator shall make the register of employees available immediately upon demand of any law enforcement officer at all reasonable times.

The operator shall make the list available immediately upon demand of any law enforcement officer at all reasonable times.

The owner or operator shall ensure that the premises comply, at all times, with the standards of this section.

Permit revocation.

Any permit issued pursuant to the provisions of this section may be revoked by the Administrative Officer on the basis of any of the following:

Any cost or fee required to be paid by this § 190-55 is not paid.

Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the sexually oriented business or sexually oriented use.

That the permittee has failed to obtain or maintain all required City, county, and state licenses and permits;

That the permit is being used to conduct a use different from that for which it was issued;

That the permittee has failed to obtain a business license; or

That the use for which the approval was granted has ceased to exist or has been suspended for six months or more.

False or misleading information or data was given on any application or material facts were omitted from any application.

The transfer of a land use permit shall automatically and immediately revoke the land use permit.

Violations. Any person who violates any section of this § 190-55 shall be subject to the provisions of § 190-156 of this chapter.

§ 190-56 Shopping centers.

Purpose: This section is designed to improve the appearance and character of larger shopping centers. This section implements the following Master Plan recommendations:

Applicability. This section applies to any of the following uses that include at least 30,000 square feet of gross floor area:

	Land Use Code
Use	LBCS Function	LBCS Structure	NAICS
Shopping center, community center (general merchandise with two or more anchors) including between 100,000 to 300,000 gross square feet of building area and between 10 to 30 acres of site area		2520	44-45
Shopping center, regional center (enclosed mall with two or more anchors) including between 400,000 to one million gross square feet of building area and between 10 to 100 acres of site area		2530	44-45
Shopping center, super-regional center (similar to regional, but has three or more anchors) including at least 500,000 gross square feet of building area and more than 100 acres of site area		2540	44-45
Shopping center/superstores, over 60,000 square feet	2500	2560	44-45
Shopping, fashion/specialty center (higher end, fashion-oriented stores)		2550
Shopping, home improvement center	2122	2592	444130
Shopping, malls, shopping centers, or collection of shops not otherwise enumerated		2500
Shopping, market shops including open markets		2260
Shopping, outlet or discount center (manufacturer outlet stores)		2580
Shopping, power center (category-dominated anchors with few small tenants), including between 250,000 to 600,000 gross square feet of building area and between 25 to 80 acres of site area		2560
Shopping, theme or festival center (leisure, tourist-oriented, restaurants)		2570

Site design. Bus stops, dropoff and pickup points shall be integrated with traffic patterns on the site.

Building design. See § 190-172.

Open space and parks.

At least two of the following amenities shall be provided in an open space area: ornamental fountains;

Ornamental lamp posts;

Stairways;

Waterfalls;

Sculptures;

Arbors;

Trellises;

Planted beds;

Drinking fountains;

Clock pedestals;

Awnings;

Canopies; or

Benches, picnic tables, or similar outdoor seating space.

Not less than one linear foot of seating shall be provided for each 50 square feet of open space. Seating dimensions shall comply with the requirements of the Americans with Disabilities Act.

§ 190-57 Temporary uses.

Purpose: This section restricts the impacts and permit times for temporary uses such as carnivals, Christmas tree sales, construction offices, and similar temporary uses.

Any person wishing to establish a temporary use shall obtain a land use permit for such use.

The Administrative Officer shall make each of the following findings before issuing a zoning certificate for a temporary use:

Adequate off-street parking shall be provided to serve the temporary use.

The seasonal outdoor sale of Christmas trees may be allowed as a temporary use in the following locations:

On vacant and developed properties within commercial zoning districts.

On vacant properties in noncommercial zoning districts where the site has been used historically for tree sales.

Any sanitary facilities to be used shall be sewer-connected to a disposal system approved by the Plumbing Inspector and the Health Officer.

AREA OF SPECIAL FLOOD HAZARD

The Administrative Officer shall be notified upon the removal of a mobile home stationed for a temporary business use.

§ 190-58 Utility structures.

See Part 6.

§ 190-59 Title.

This article, adopted pursuant to the authority of RSA 674:16, shall be known as the "City of Nashua Floodplain Development Ordinance."

§ 190-60 Applicability.

§ 190-61 District delineation.

[Amended 9-8-2009 by Ord. No. O-09-66; 3-8-2011 by Ord. No. O-11-52]

§ 190-62 Definition of terms.

The following definitions shall apply only to this Floodplain Development Ordinance, and shall not be affected by the provisions of any other ordinance of the City of Nashua.[1]

AREA OF SHALLOW FLOODING

[Amended 9-8-2009 by Ord. No. O-09-66]

[Amended 9-8-2009 by Ord. No. O-09-66]

BASE FLOOD

The flood having a one-percent possibility of being equaled or exceeded in any given year.

BASEMENT

Any area of a building having its floor subgrade on all sides.

BUILDING

See "structure."

DEVELOPMENT (FLOOD MANAGEMENT)

[Amended 9-8-2009 by Ord. No. O-09-66]

FEMA

The Federal Emergency Management Agency.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters; or

The unusual and rapid accumulation or runoff of surface waters from any source.[2]

FLOOD INSURANCE RATE MAP (FIRM)

The official maps incorporated with this chapter, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the City of Nashua.

FLOOD INSURANCE STUDY

[Amended 9-8-2009 by Ord. No. O-09-66]

FLOODPLAIN or FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source. (See definition of "flooding.")

FLOODPROOFING

FLOODWAY

See "regulatory floodway."

FUNCTIONALLY DEPENDENT USE

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

MANUFACTURED HOME PARK OR SUBDIVISION

[Amended 9-8-2009 by Ord. No. O-09-66]

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

[Added 9-8-2009 by Ord. No. O-09-66]

MEAN SEA LEVEL

The National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a communities Flood Insurance Rate Map are referenced.

NEW CONSTRUCTION

[Added 9-8-2009 by Ord. No. O-09-66]

ONE-HUNDRED-YEAR FLOOD

See "base flood."

RECREATIONAL VEHICLE

A vehicle that is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REGULATORY FLOODWAY

[Amended 9-8-2009 by Ord. No. O-09-66; 5-11-2021 by Ord. No. O-21-058]

SPECIAL FLOOD HAZARD AREA

See "area of special flood hazard."

[Amended 9-8-2009 by Ord. No. O-09-66]

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

START OF CONSTRUCTION

SUBSTANTIAL DAMAGE

SUBSTANTIAL IMPROVEMENT

The appraised value prior to the start of the initial repair or improvement; or

In the case of damage, the value of the structure prior to the damage occurring.

VIOLATION

[Added 9-8-2009 by Ord. No. O-09-66]

WATER SURFACE ELEVATION

The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains.

Editor's Note: See also § 190-264, Definitions.

§ 190-63 Construction requirements.

[Amended 5-11-2021 by Ord. No. O-21-058]

Be constructed with materials resistant to flood damage;

Be constructed by methods and practices that minimize flood damages;

§ 190-64 Water and sewer systems.

[Amended 5-11-2021 by Ord. No. O-21-058]

§ 190-65 Certification.

[Amended 9-8-2009 by Ord. No. O-09-66; 5-11-2021 by Ord. No. O-21-058]

For all new or substantially improved structures located in Zones A, AE or AO, the applicant shall furnish the following information to the Department of Building Safety:

The Elevation Certificate stating as-built elevation (in relation to NAVD88) of the lowest floor (including basement) and include whether or not such structures contain a basement.

If the structure has been floodproofed, the as-built elevation (in relation to NAVD88) to which the structure was floodproofed.

Any certification of floodproofing.

The Department of Building Safety shall maintain the aforementioned information for public inspection, and shall furnish such information upon request in accordance with NH RSA 91-A..

§ 190-66 Other permits.

[Amended 9-8-2009 by Ord. No. O-09-66]

§ 190-67 Watercourses.

[Amended 9-8-2009 by Ord. No. O-09-66]

[Added 9-8-2009 by Ord. No. O-09-66]

§ 190-68 Special flood hazard areas.

In Zone AE, refer to the elevation data provided in the community's Flood Insurance Study and accompanying FIRM.

[Amended 9-8-2009 by Ord. No. O-09-66]

[Amended 9-8-2009 by Ord. No. O-09-66; 5-11-2021 by Ord. No. O-21-058]

Criteria. The Administrative Officer's one-hundred-year flood elevation determination will be used as criteria for requiring in Zones A, AE and AO that:

[Amended 9-8-2009 by Ord. No. O-09-66; 5-11-2021 by Ord. No. O-21-058]

All new construction or substantial improvement of residential structures have the lowest floor (including basement) elevated at least one foot above the 100-year flood elevation.

Be floodproofed so that below the one-hundred-year flood elevation the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and

All recreational vehicles placed on sites within Zones A and AE shall either:

Be on the site for fewer than 180 consecutive days;

Be fully licensed and ready for highway use; or

Meet all standards of Section 60.3(b)(1) of the National Flood Insurance Program Regulations and the elevation and anchoring requirements for manufactured homes in Paragraph (c)(6) of Section 60.3.

For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding are permitted, provided that they meet the following requirements:

The enclosed area is unfinished or flood-resistant, usable solely for the parking of vehicles, building access or storage;

The area is not a basement;

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwater.

Proposed structures to be located on slopes in special flood hazard areas, Zones AH and AO shall include adequate drainage paths to guide floodwaters around and away from the proposed structures.

§ 190-69 Special requirements for subdivisions and site plans.

The Planning Board shall require the applicant to submit sufficient evidence (construction drawings, grading and land treatment plans) so as to allow a determination that:

All such proposals are consistent with the need to minimize flood damage;

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided so as to reduce exposure to flood hazards.

§ 190-70 Variances and appeals.

[Amended 5-11-2021 by Ord. No. O-21-058]

The variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense.

If the requested variance is for activity within a designated regulatory floodway, no increase in flood levels during the base flood discharge will result.

The variance is the minimum necessary, considering the flood hazard, to afford relief.

Notice to applicant.

The Zoning Board of Adjustment shall notify the applicant in writing that:

The issuance of a variance to construct below the base flood level will result in increased premium rates for flood insurance; and

Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with a record of all variance actions.

Records. The Administrative Officer shall:

Maintain a record of all variance actions, including the justification for their issuance; and

Report such variances issued in its annual or biennial report submitted to FEMA's Federal Insurance Administrator.

§ 190-71 Authority.

This article is adopted pursuant to New Hampshire RSA 674:17, 674:21, 674:35, 674:36, 674:43, and 674:44.

§ 190-72 Intent and purpose.

This article is intended to:

Implement and be consistent with the City of Nashua's Master Plan and capital improvement program and zoning, site plan and subdivision regulations;

Allocate a fair and equitable share of the cost of certain new public facilities for education to new development;

Implement the relevant portions of the Nashua subdivision regulations and site plan review regulations.[1]

Editor's Note: See Part 3, Procedures, particularly Articles XVI (§ 190-138 et seq.) and XVII (§ 190-146 et seq.), regarding subdivision and site plan procedures, respectively.

§ 190-73 Findings.

The City of Nashua finds, determines and declares that:

The fees set forth in the Public Schools Capital Facilities Impact Fee Table are derived from, and do not exceed the cost of:

Providing additional public capital facilities for education necessitated by or benefiting the new development for which the fees are levied; or

DETACHED SINGLE-FAMILY CONDOMINIUM

Compensating the City of Nashua for expenditures made for existing public facilities for education that were constructed in anticipation of new growth and development.

§ 190-74 Applicability and rules of construction.

§ 190-75 Definitions.

For purposes of this article, the following special definitions shall apply:

AER REPORT

The report entitled "Analysis of Development Impact Fees in Nashua," October 1994, prepared by Applied Economics Research, Inc.

DETACHED SINGLE-FAMILY

A residential building containing not more than one dwelling on a single lot.

A residential use consisting of two or more single-family detached dwellings on a single lot.

DUPLEX

See Article XLII, § 190-264.

[Amended 8-8-2017 by Ord. No. O-17-036]

DWELLING

See Article XLII, § 190-264.

FEEPAYER

The person (as defined in RSA 424:1, V) who has applied for the issuance of a building permit.

LIVING AREA

Those areas (in square feet) of a dwelling suitable for year-round occupancy, not including unfinished basements, decks, garages, three-season porches, or unfinished attics.

MANUFACTURED HOUSING

See the definition outlined in RSA 673:31.

See Article XLII, § 190-264.

MULTIFAMILY DWELLING

See Article XLII, § 190-264.

NEW DEVELOPMENT

Any building permit application that is submitted to the City that results in:

The construction of a new dwelling(s);

The conversion of an existing nonresidential use to a dwelling(s).

New development does not include:

The reconstruction of a structure that has been destroyed by fire or natural disaster, and natural deterioration, provided that there is no change in the size, density, or use of the structure;

The replacement of a manufactured home; or

The construction of an accessory structure to a dwelling that would not increase the demand for public capital educational facilities by the owner or user of the dwelling.

PUBLIC CAPITAL FACILITIES

The addition/renovation(s) to an existing dwelling(s).

All assets, facilities, and equipment relating to public education services that are described in RSA 674:21, V.

TOWNHOUSE

At least two dwellings that share a common wall in which each dwelling has living space on the ground floor and a separate, ground-floor entrance.

§ 190-76 Assessment of impact fees.

The exact impact fee due and payable at issuance of a certificate of occupancy will be determined prior to the issuance of the building permit with the applicant being notified of such.

§ 190-77 Computation of the amount of impact fees.

The amount of the impact fee shall be determined by multiplying the livable area by the appropriate dwelling fee appearing in the table below.

Table 77-1 Impact Fee Table
Residential (per dwelling)	School Facilities (per square feet)	Maximum Fee Possible
Detached single family	$1.00	$3,600
Manufactured housing	$0.50	$1,800
Attached townhouse duplex dwellings detached single family Condo (condominium or apartment)	$0.50	$1,100
Multifamily dwelling (garden-style or multistory condominium or apartment)	$0.50	$500
All other	$0.50	$500

In the case of a change of a nonresidential use to a residential use, the impact fee shall be assessed per Subsection A.

§ 190-78 Payment of impact fee.

The feepayer shall pay the impact fee required by this article to the City of Nashua prior to the issuance of a certificate of occupancy.

§ 190-79 Administration of funds collected.

§ 190-80 Custody and maintenance of fund accounts.

Funds withdrawn from this account must be used in accordance with the provisions of §§ 190-81, 190-82 and 190-83.

The City Treasurer shall have custody of all accounts and shall pay out the same only upon written request of the Mayor and Board of Aldermen.

§ 190-81 Use of funds.

§ 190-82 Refund of fees paid.

The current owner of record of property for which an impact fee has been paid shall be entitled to a refund of that fee, plus accrued interest where:

The impact fee has not been expended or encumbered for public capital facilities for which it was collected within the period of six years from the payment of the impact fee.

§ 190-83 Credits against payment of impact fees.

§ 190-84 Additional requirements.

§ 190-85 Waiver of impact fee.

§ 190-86 Planning Board authority.

§ 190-87 Appeals.

Any application or administration decision of this article shall be appealed to the Planning Board.

§ 190-88 Applicability.

Generally.

All public and private outdoor lighting installed in the City of Nashua shall be in conformance with the requirements established by this article.

This section does not apply to applications within the D-1 or D-3 Downtown Zoning Districts, except as provided in § 190-20B(7).

Waivers. A waiver from the requirements of this section may be filed with the Planning Board pursuant to § 190-148.

Exceptions.

Luminaires used for public street illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.

All temporary lighting required for construction projects, related to road construction and repair, installation of sewer and water facilities, and other public infrastructure.

All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this article.

Editor's Note: See Art. X, Signs, of this chapter.

Luminaires used for the lighting of areas used exclusively or primarily for outdoor recreation may be mounted at any height.

§ 190-89 Control of glare; luminaire design factors.

Multiple and single lots held in common ownership and separate ownership that are subject to a common site plan approval; and

Contiguous parcels, with or without an approved site plan (common to both or separate), that share common access or parking.

Any temporary outdoor lighting that conforms to the requirements of this section of this section is permitted.

The applicant shall submit a lighting plan as required by § 190-275.

§ 190-90 Nonconforming lighting.

The public and/or private benefits that will result from the temporary lighting;

Any annoyance or safety problems that may result from the use of the temporary lighting; and

The duration of the temporary nonconforming lighting.

The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Planning Board.

§ 190-91 Short title.

This article shall be known as the "Sign Ordinance of Nashua, New Hampshire."

§ 190-92 Interpretation.

§ 190-93 Prohibited signs.

Any sign not specifically authorized by this chapter is prohibited unless required by law. The following signs and conditions are prohibited:

[Amended 7-14-2020 by Ord. No. O-20-023]

Any sign attached to any public utility pole or structure, streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property, except as provided herein.

Any sign which is placed so as to prevent or inhibit free ingress to or egress from any door, window, or any exit way required by the Building Code or the Fire Code.[1]

Editor's Note: See Ch. 105, Building Construction, and Ch. 156, Fire Prevention.

Any sign with unshielded incandescent, metal halide, or fluorescent light bulbs.

Any sign which emits audible sound, odor, smoke, steam, laser or hologram lights, or other visible matter, including any sign that employs any stereopticon or motion-picture projection.

Any sign animated by any means, including fixed aerial displays, balloons, pennants, including strings of flags, streamers or devices affected by the movement of the air.

Any rotating sign.

Any banners or temporary signs, except as provided for in § 190-106.

Any sign painted, attached or mounted on fuel tanks, outdoor storage containers and/or solid waste receptacles or their enclosures.

Any unauthorized sign attached to existing signs, outdoor light poles, or other structures.

§ 190-94 Sign permits.

Applicability. No sign may be established without a sign permit issued by the Administrator, unless exempted by this subsection.

Permit not required. The following signs do not require sign permits and are permitted in all zoning districts:

Signs installed by government bodies.

Utility signs.

National, state or corporate flags. Corporate flags shall not exceed a maximum area of 40 square feet.

Nameplates and historic markers, a maximum area of two square feet.

Building name sign, a maximum sign area of 12 square feet.

Alterations that include repainting, changing copy, or replacement of the existing sign face, except this shall not apply to signs located in the Historic District.

[Amended 11-13-2012 by Ord. No. O-12-024]

(Reserved)[1]

Editor's Note: Former Subsection B(8), Signs that are clearly shown on a site plan approved by the Planning Board, was repealed 5-9-2023 by Ord. No. O-23-051.

Charitable and public service signs.

Political signs.

(12)

Directional, directory and on-site, internal, traffic control signs in accordance with § 190-100.

(13)

Temporary signs, no greater than 12 square feet, advertising on-site employment opportunities.

(14)

(15)

Lettering, logos or graphics affixed to products or packaging displayed for on-site sales.

(16)

(17)

Lettering, logos or graphics affixed to registered motor vehicles or equipment that identify the business owners or operators of the vehicle or equipment or their manufacturers.

(18)

Temporary signs, which advertise garage or yard sales or lost pets.

(19)

On-site temporary signs advertising the opening of a new business.

(20)

Customary signs that give warning, no larger than two square feet in area, bearing messages such as "Beware of Dog" or "No Trespassing."

Initiation. A sign permit application shall be submitted to the Administrative Officer. The application shall include a sign plan as set forth in Article XLIII.

Completeness review. The Administrative Officer shall determine whether the sign permit application is complete (as provided in § 190-125) within 10 days after the application is filed.

Notice. No notice is required for a sign permit application.

Decision.

Scope of approval. Following issuance of a sign permit, the applicant shall comply with the requirements of the Sign Ordinance.

§ 190-95 Sign requirements by district.

Exemption. This section does not apply to political signs or any other sign displaying a noncommercial message.

Historic District.

The following signage is not permitted within the Historic District:

Internally illuminated signs.

Electronic message centers.

Portable, changeable copy signs.

Flashing signs and changing signs (electronic).

Any change to the size, location, design, color, texture, lighting, materials or outer appearance of a sign will require a sign permit, and Historic District Commission review for approval.

[Added 11-13-2012 by Ord. No. O-12-024]

§ 190-96 Sign structure standards.

§ 190-97 Changing signs.

Electronic message center. Where electronic message centers are permitted, they shall be subject to all of the following restrictions:

The changing sign (electronic) may not exceed 50% of the area of the sign or 52 square feet, whichever is smaller.

All illumination elements on the face of a changing sign (electronic) shall remain at a fixed level of illumination for a period of not less than five seconds.

The sign to be installed meets all of the criteria set forth in this chapter; and

That the sign shall be operated in a manner consistent with the criteria set forth in this chapter; and

§ 190-98 Awning, canopy and marquee signs.

Applicability. Nonelectric awning, canopy and marquee signs are permitted in all nonresidential zoning districts. A building permit is required.

R-B and R-C Districts. In the R-B and R-C Districts, an awning or canopy sign not exceeding five feet in horizontal width is permitted for quadruplexes and apartments.

Copy area.

The copy area on any awning sign, canopy sign, electronic awning sign, or marquee sign is computed as all or a portion of the allowed wall sign area.

Right-of-way. If the awning or canopy sign projects into the right-of-way, an encroachment permit may be required by the Board of Public Works.

Electric awning signs.

Height/clearance. Awning, canopy and marquee signs shall not exceed five feet in height and shall maintain a minimum of eight feet clearance.

§ 190-99 Banner sign.

Comment: Flags and insignias containing markings of any government, corporation or business are not considered banners, and are defined separately as flags.

Signs must be located within an outside display area as delineated on an approved site plan.

Properties containing at least 10,000 square feet of outside display area for retail sales shall be allowed to install no more than two such signs.

One additional sign shall be permitted for each additional 10,000 square feet of outside display area, to a maximum of four per property.

Size. Each sign shall be no larger than nine feet in the vertical dimension and no larger than three feet in the horizontal dimension.

Table 99-4 Banner Signs
		Zoning District
Standard		Residential	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	N	P	P	P	N	N	N
B.	Permit required?	—	—	Y	Y	—	—	—
C.	Number per site	0	0	2	2	0	0	0
Dimensions
E.	Area per sign	—	—	27	27	—	—	—
F.	Height	—	—	9	9	—	—	—
Location
G.	Clearance (minimum)	—	—	7	7	—	—	—
H.	Clearance (maximum)	—	—	20	20	—	—	—
I.	Right-of-way setback	—	—	20	20	—	—	—

§ 190-100 Directional signs.

Supplemental standards for directional signs.

These signs are allowed in addition to other permitted signage on site.

A sign permit is required for directional signs that are setback less than 15 feet from a property line, or located so as to be visible from a public right-of-way.

Directional signs may be located adjacent to a driveway, provided it does not impede sight visibility.

Corporate emblems or logos on directional signs must be incidental and must not exceed 33% of the total area of the sign.

Directional signs shall conform to the Manual of Uniform Traffic Control Devices where applicable.

Table 100-6 Directional Signs
		Zoning District
Standard		Residential	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	P	P	P	P	P	P	P
B.	Permit required?
Dimensions
C.	Area per sign	6	6	9	9	9	9	6

§ 190-101 Ground sign (also known as "detached, freestanding, pole or pylon sign").

Reduction in setbacks. The minimum setback of the signs may be reduced to 10 feet from right-of-way where the sign does not exceed 20 feet in height.

Nonresidential districts abutting residential districts. The maximum sign height shall be reduced to 15 feet when a lot within a nonresidential district abuts a residentially zoned lot.

Landscaping. All ground signs shall be installed in a landscaped area of not less than 12 square feet.

Each sign shall be visible from a different right-of-way.

The signs shall not be located closer than 75 from an intersection, as measured from the point of intersecting rights-of-way.

The minimum setback may be reduced to 20 feet from the right-of-way where the sign does not exceed 30 feet in height.

Supplemental standards for PI and AI Districts. Within the PI or AI Districts, where the lot frontage does not abut a residential zoning district, the sign height may be increased to 20 feet.

Supplemental standards for General Industrial (GI) District. If the district does not abut a residential zoning district, the maximum area for a ground sign may be increased to 100 feet.

Table 101-7 Ground Signs
		Zoning District
Standard		Residential	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	P	P	P	P	P	P	P
B.	Permit required?	Y	Y	Y	Y	Y	Y	Y
C.	Number per site*	1	1	1*	1*	1*	1	1
D.	Frontage	—	50	90	90	100	100	100
Dimensions
E.	Area per sign	10	32	150	150	100	75	50
F.	Height	6	6	40	40	15	20	10
Location
G.	Right-of-way setback	10	10	20	20	20	10	10
H.	Intersection setback (feet)	25	25	25	25	25	25	25
I.	Exterior wall plane setback	—	—	—	—	—	—	—
Design Characteristics
J.	Electronic message center	—	—	P	P	—	—	—
K.	Changeable copy	—	—	P	P	P	P	—

*	See § 190-101E for corner lots.

[Added 4-23-2019 by Ord. No. O-19-038]

§ 190-102 Identification sign.

Subdivision identification signs. See § 190-101 (ground signs).

Table 102-8 Identification Signs
		Zoning District
Standard		R-A, R-B, R-C R-C (Nonresidential Uses Only)	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	P	P	P	P	P	P	P
B.	Permit required?	Y	Y	Y	Y	Y	Y	Y
C.	Number per site	1	1	1	1	1	1	1
Dimensions
E.	Area per sign	12	20	20	20	20	20	20
H.	Height	8	8	8	8	8	8	8
Location
L.	Intersection setback (feet)	25	25	25	25	25	25	25

[Added 4-23-2019 by Ord. No. O-19-038]

§ 190-103 Off-premises signs.

Applicability.

Dimensional standards. See Table 103-10 below.

Construction standards.

Location and spacing.

Spacing of signs.

No part of any outdoor advertising sign is permitted within 400 feet of a residential zoning district.

Table 103-10 Outdoor Advertising Signs
		Zoning District
Standard		Residential	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	N	N	P	P	P	P	N
B.	Permit required?	—	—	Y	Y	Y	Y—
C.	Number per site	—	—	1	1	1	1	—
D.	Frontage	—	—	90	90	100	100	—
Dimensions
E.1	Area per sign, signs facing streets with 4 or more traffic lanes	—	—	150	150	150	150	—
E.2	Area per sign, signs facing streets with fewer than4 traffic lanes	—	—	75	75	75	75	—
F.	Height	—	—	30	30	30	30	—
Location
G.	Right-of-way setback	—	—	20	20	10	10	—
H.	Intersection setback (feet)	—	—	25	25	25	25	—
Design Characteristics
J.	Electronic message center	—	—	N	N	N	N	—
K.	Changeable copy	—	—	N	N	N	N	—

§ 190-104 Projecting sign (also known as "suspended signs").

Height.

For purposes of this section, "height" shall mean the distance from the top of the sign to the finished grade.

Projecting signs shall not extend above parapet or roofline.

Projection. Maximum sign projection shall be five feet and shall not project closer than three feet to the curbline.

Table 104-11 Projecting Signs
		Zoning District
Standard		Residential	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	N	P	P	P	P	P	P
B.	Permit required?	—	Y	Y	Y	Y	Y	Y
C.	Number per site	—	1	1	1	1	1	1
D.	Frontage	—	—	90	90	—	100	—
Dimensions
E.	Area per sign	—	10	24	24	24	24	10
H.	Height (see special rules below)	—	19	30	30	30	30	19
Location
I.	Clearance (minimum)	—	10	10	10	10	10	10
J.	Right-of-way setback	—	10	10	10	10	10	10
K.	Intersection setback (feet)	—	25	25	25	25	25	25

§ 190-105 Roof sign.

Applicability. A roof sign is a sign established upon, against, or directly above a roof, or on the top of or above the parapet of a building. See definition of "parapet" in § 190-264.

Table 105-13 Roof Signs
		Zoning District
Standard		Residential	LB	GB	HB	PI/AI	GI	D-1/D-3
A.	Permitted?	N	N	P	P	N	N	N
B.	Permit required?	—	—	Y	Y	—	—	—
C.	Number per site	—	—	1	1	—	—	—
Dimensions
D.	Area per sign	—	—	150	150	—	—	—
E.	Height (measured from roof)	—	—	10	10	—	—	—
Location
F.	Exterior wall plane setback	—	—	3	3	—	—	—

§ 190-106 Temporary sign.

Applicability. A building permit is required for all temporary signs except for those specifically excluded under § 190-94.

General standards. The following restrictions apply to all temporary signs, unless otherwise indicated in § 190-94:

Only one ground or wall sign used as a temporary sign is permitted per premises. However, there is no restriction on the number of signs used for political speech.

No temporary sign shall be located in the public right-of-way or on public property.

Minimum setback shall be 10 feet from public right-of-way and 25 feet from point of intersecting street rights-of-way.

No temporary sign shall be located so as to obstruct traffic or create a hazard.

Height and setbacks shall comply with the underlying zoning district, unless otherwise indicated.

[Amended 3-28-2006 by Ord. No. O-06-05]

The maximum duration is 30 days.

Maximum sign area shall not exceed 32 square feet.

The sign shall not be flashing.

Maximum height shall be eight feet as measured from grade.

The date of establishment of the temporary sign shall be clearly posted on the sign.

§ 190-107 Time-and-temperature sign.

§ 190-108 Wall sign (also known as "fascia sign" or "facade sign").

Supplemental standards:

Wall signs shall be located in those areas designed for signage on a site plan or building permit.

Copy:

In the D/H Zones, the maximum sign area per City right-of-way shall be 1 1/4 times the building frontage, or 100 square feet, whichever is smallest.

Height.

Wall signs may not project above the top of a parapet, wall or the roofline at the wall, whichever, is highest.

Within LB, D-1, D-3, H, or FU Zoning District, the top of a wall sign shall be located within 20 feet of ground level unless the sign identifies the name of the building or project name.

Alternative number and area restrictions:

Supplemental standards for PI or AI District:

Supplemental standards for General Industrial (GI) District. If the district does not abut a residential zoning district, the maximum area for a wall sign may be increased to 100 feet.

§ 190-109 Sign master plans (optional).

General requirements:

Total sign area permitted for the entire development or center shall be calculated at the rate of two square feet of sign per foot of lineal building front.

All other signs shall be awning signs, canopy signs, or wall signs.

All signs shall be coordinated in material, shape, lettering, color and/or decorative elements.

The master sign plan shall include standards designed to achieve the following objectives:

Signs shall be appropriate to the architectural character of the building on which they are placed.

Sign panels and graphics should relate with and not cover architectural features, and should be in proportion to them.

Signs should be appropriate to the types of activities they represent.

Layout should be orderly and graphics should be of simple shape, such as rectangle, circle or oval.

The number of colors used should be the minimum consistent with the design and must provide a reference or relationship to the enterprise or activity being advertised.

Groups of related signs shall express uniformity, create a harmonious appearance, and provide a visual and aesthetic coordination of the information presented to the public.

Height and physical placement shall be consistent throughout the master planned area.

Procedures:

The master sign plan shall include the following elements:

Proposed sign locations.

Materials.

Type of illumination.

Design of freestanding sign structures.

Size.

Quantity.

Uniform standards for nonbusiness signage, including directional and informational signs.

All applications for sign permits on a lot or parcel subject to a master sign plan shall comply with the master sign plan.

§ 190-110 Nonconforming signs.

Applicability. This section applies to any nonconforming sign. A "nonconforming sign" means a sign lawfully existing at the time of adoption or subsequent amendment of this article.

[Amended 11-13-2012 by Ord. No. O-12-024]

Removal.

A nonconforming sign shall be removed with 180 days if any of the following conditions exist:

If the damage of the sign structure exceeds 50% of the appraised value.

If the sign has been abandoned for 180 days.

§ 190-110.1 Municipal government signs.

[Added 5-9-2023 by Ord. No. O-23-051]

§ 190-111 Generally.

[Added 3-8-2011 by Ord. No. O-11-53]

§ 190-112 Wetlands buffer.

Special exceptions shall be reviewed for any use, building, structure, or development within the wetland areas or buffers defined in Table 112-1 below.

For purposes of Table 112-1, Column C, the buffer shall be measured horizontally outward and perpendicular to the edge of the delineated wetland.

Table 112-1 Wetland Classifications and Buffers [Amended 12-13-2023 by Ord. No. O-23-059]
(A) Wetland Category	(B) Definitions		(C) Buffer (feet)
Primary wetland	Areas designated as "prime wetlands" in accordance with RSA 483-A:7 and areas that have been documented as satisfying the criteria for designation as prime wetlands in accordance with RSA 483-A:7. "Primary wetlands" are defined by Resolution R-90-84, and generally depicted on maps entitled "Prime Wetlands, Nashua, New Hampshire" prepared for the Nashua Conservation Commission. R-90-84 defines primary wetlands as:		75
	The Merrimack River and its wetlands
	The Nashua River and its wetlands
	Salmon Brook and its wetlands
	Pennichuck Brook, Bowers Pond, Harris Pond, Holts Pond, Pennichuck Pond, Supply Pond and its wetlands
	Lovewell's Pond and its wetlands
	Horse Pond and its wetlands
	Old Ridge Road wetland
	Nashua Canal
	Nashua Cove
Critical wetlands	Critical wetlands are the following water bodies and watercourses and their wetlands. Critical wetlands also include any perennial streams that are tributaries to prime wetlands.		40
	Boire Brook	Mill Pond
	Coburn Pond	Muddy Brook
	Cold Brook	Old Maid's Brook
	Colerain Brook	Round Pond
	Hales Brook	Spectacle Brook
	Harris Brook	Spit Brook
	Hassells Brook	Trout Brook
	Lincoln Brook	Sandy Pond
	Lyle Reed Brook
Other wetlands over 9,000 square feet	Any wetland other than a primary or a critical wetland over 9,000 square feet in area		40
Other wetlands from 3,000 to 9,000 square feet and intermittent streams	Any wetland other than a primary or critical wetland between 3,000 and 9,000 square feet in area. Intermittent streams require a twenty-foot buffer from both banks, measured from top of bank. Intermittent streams are streams with a defined channel but that may not flow the entire year. Isolated man-made drainage ditches are not included.		20
Vernal pools	100-foot minimum buffer. Vernal pool boundaries to be determined by a certified wetlands scientist. Buffer boundary to be determined by a certified wetlands scientist or other licensed land surveyor.		100

§ 190-113 Administration.

§ 190-114 Wetlands application.

Wetlands data.

Submittal procedures.

The applicant shall review the Nashua Conservation Commission Wetland Review Process as set forth in § 190-284.

Upon receipt of the wetlands application by the Conservation Commission and Administrative Officer, the applicant may be asked to provide additional technical information.

Approval criteria. See §§ 190-284 and § 190-115 below.

Amendments. The applicant may modify the wetlands application at any time before the final recommendations of the Conservation Commission are made.

Scope of approval. The wetlands application shall be deemed a part of the underlying application for development approval and a condition of any permit or land use decision subject to this section.

Recording procedures. The wetlands application shall be recorded with the underlying application for development approval.

§ 190-115 Wetlands standards.

Review for conformity.

That the use or activity proposed and its attendant impacts cannot reasonably be avoided.

That the least damaging route and methodology have been selected, and that which is being proposed is the best practicable alternative available.

That reasonable and acceptable impact mitigation measures have been incorporated where necessary and appropriate to minimize wetland loss or degradation.[1]

Note: The removal of invasive species may be an appropriate mitigation technique. Invasive species are listed in the most recent State of New Hampshire Prohibited Invasive Species List.

That no significant impact on the habitat of rare or endangered species or exemplary communities, as listed by the State of New Hampshire or federal government, will result.

That the best available adequate erosion and sedimentation control methods are incorporated.[2]

That the project shall not impair the stability of a water body's bank.

That the wetland and buffer function of hydrologic absorption capacity and storage shall not be impaired.

That no significant impact on the habitat of rare or endangered species or exemplary communities, as listed by the State of New Hampshire or the Federal government, will result.

That the filtration of stormwater runoff is adequately provided for and controlled both during and after construction.

That the topography and required regrading of the subject property accounts for and adequately reflects the proximity of a nearby wetland area.

All landscaping requirements and maintenance regiments for a project will ensure that fertilizer and chemical runoff shall not enter the wetland.

§ 190-116 Wetland buffer monumentation.

Applicability. The Nashua Conservation Commission may require wetland buffers to be marked in order to prevent future encroachment. This section applies to:

Any development subject to an application for building permit, subdivision or site plan approval;

Any development approved before the effective date of this section that is determined to be in violation of any wetland buffer required that existed at the time the development was approved; or

DIAMETER AT BREAST HEIGHT (DBH)

Any activity within a wetland or wetland buffer that was undertaken without obtaining a required special exception.

§ 190-117 Trees unlawfully cut or damaged within a wetland buffer.

Definitions. As used in this article, the following terms shall have the meanings indicated:

EQUIVALENT REPLACEMENT

TREE

TREE-FOR-TREE REPLACEMENT

Replacement trees. A removed tree must be replaced with its equivalent replacement in trees.

Exemptions. During emergency conditions caused by a hurricane or other disaster, or to protect public safety, the Administrative Officer may suspend provisions of this section.

Penalties. The removal of each tree in a buffer zone shall constitute a separate zoning violation, punishable in a court of competent jurisdiction per RSA Chapter 676.

§ 190-118 Applicability.

§ 190-119 Nonconforming uses.

Expansion.

No nonconforming use shall be extended, expanded, or increased except as specifically provided below.

An existing nonconforming use may expand subject to the approval of a special exception (§ 190-134).

The increase shall reflect the natural expansion and growth of the existing use's trade.

The extent the use in question reflects the nature and purpose of the prevailing nonconforming use;

Whether the use at issue is merely a different manner of utilizing the same use or constitutes a use different in character, nature, and kind; and

Whether the use will have a substantially different effect on the neighborhood.

The increase shall occur only within the existing structure.

The extent the use in question reflects the nature and purpose of the prevailing nonconforming use;

Whether the use at issue is merely a different manner of utilizing the same use or constitutes a use different in character, nature, and kind; and

Whether the use will have a substantially different effect on the neighborhood.

Any expansion of a nonconforming use must be evaluated in the context of the zone in which it is located.

Change in use.

The extent to which the use in question reflects the nature and purpose of the prevailing nonconforming use;

Whether the use at issue is merely a different manner of utilizing the same use or constitutes a use different in character, nature, and kind; and

Whether the use will have a substantially different effect on the neighborhood.

Any nonconforming use that has been changed to a permitted use shall not again be changed to another nonconforming use.

§ 190-120 Nonconforming structures.

Generally. Any nonconforming structure or portion of the structure that has come into conformity shall not again become nonconforming.

Relocation. Any nonconforming structure shall not be moved to any other location on the lot or any other lot unless every portion of such structure, the use thereof, and the lot shall be conforming.

§ 190-121 Nonconforming lots.

Generally.

Any nonconforming lot that has come into conformity with this chapter shall not again be changed to a nonconforming lot.

Any nonconforming lot or open space on the lot (yard, setbacks, courts or area), if already smaller than that required, shall not be further reduced or decreased so as to be in greater nonconformity.

§ 190-122 Abandonment.

§ 190-123 Parking.

The spaces required for the proposed use under current parking regulations;

Less the number of parking spaces required for the prior (nonconforming) use of building or lot under current regulations;