(a)

Purpose. The intent of this district shall be to continue the traditional Main Street development pattern as properties are developed and redeveloped along Routes 108 and 152 located in close proximity of the village center.

(b)

Zoning district and sub district boundaries. The village corridor district includes properties located on and closely adjacent to North Main Street, Main Street, South Main Street, Gerry Avenue, and Exeter Road and is divided into three distinct sub districts, North (VC-N), Center (VC-C) and South (VC-S), as depicted on a map titled "Village Corridor District," dated May 1, 2025.

(c)

Dimension standards.

(1)

See section 32-89, dimensional table for requirements.

(2)

Notwithstanding section 32-45(c)(1), the following additional requirements are applicable:

a.

Front setback: Buildings that front along a road must meet the back of the sidewalk or be stepped back a maximum of 20 feet for residential buildings and 30 feet for commercial or mixed-use buildings to allow for sidewalk café, civic space, courtyard or patio.

b.

No building or assembly of buildings shall exceed 100 feet in length parallel to the street except between Elm Street and Gerry Avenue where the maximum length shall be 50 feet.

(3)

The planning board may modify road, side and rear setbacks, structure height and building type standards through a special use permit by finding the following:

a.

The proposed use is suitable for the location and would not cause measurable adverse impacts to the environment and public safety.

b.

The proposed building type is consistent with the building types permitted in the zoning district.

c.

The proposed setback and structure height is consistent with either the setbacks, structure height, or both of existing building(s) located on adjacent lots.

(d)

Sidewalk and parking standards.

(1)

Sidewalks shall have a minimum width of five and one-half feet residential properties, and a minimum width of eight feet for commercial or mixed-use properties.

(2)

Building(s) that front on the lot's shared boundary line with the road frontage shall not have any parking spaces located within the area between said buildings and the road's right-of-way. Furthermore, a parking space on a lot cannot be located closer to the road's right-of-way than those buildings along the lot's road frontage.

(3)

Parking spaces shall be shielded from the road.

(4)

The parking space requirements for residential units shall adhere to the follow schedule:

a.

Village corridor, north: One parking space per unit.

b.

Village corridor, center: No requirements for units.

c.

Village corridor, south: One parking space per unit.

(5)

The planning board may reduce the required amount of residential parking spaces or approve an alternative parking plan, pursuant to RSA: 674:16-a.

(e)

Permitted building types.

(1)

The following building types are permitted and shall adhere to the dimensional standards in accordance with section 32-90:

a.

Small apartment building;

b.

Apartment house;

c.

Courtyard apartment building;

d.

Duplex: Front-back, side-by-side, and stacked;

e.

Live and work;

f.

Multi-tenant main street;

g.

Large main street;

h.

Main street mixed;

i.

Small main street;

j.

Simple/small shop;

k.

Townhouse.

(f)

Permitted uses.

(1)

See section 32-56 for the list of permitted uses.

(2)

The following uses may be permitted by special use permit issued by the planning board:

a.

Multifamily residential or mixed-use development(s) proposing greater than 16 residential units.

1.

The granting of the special use permit shall require the planning board to find that the proposed development is consistent with the purpose of this district, is suitable for the location proposed, would not cause significant adverse impact, and meets the conditions as set forth below:

a.

The development shall be designed in a manner that has the common, social or open space as its focal point. It shall be demonstrated to the planning board how the residents of the development will frequently engage in these spaces for social, recreational and commercial activities, or a combination thereof.

b.

Townhouse developments may have no more than six attached units without a break of at least 15 feet. Developments of more than 12 townhouse units shall be constructed with at least two distinct facades.

c.

A fiscal impact and market analysis study from a qualifying professional shall be required, demonstrating the multifamily residential or mixed-use project with a cumulative addition of 16 or more dwelling units will not have a negative fiscal impact on the town and its housing market.

(g)

Other requirements.

(1)

In instances when multiple buildings are proposed for development on a lot that is not serviced by a new road, it shall be demonstrated that the road frontage maximum setback is occupied by buildings or uses, pursuant to this section (§ 32-45, Village corridor district), to the maximum extent practicable prior to the development of the other portions of the lot.

(2)

No residential dwelling unit within the ground floor of a building is permitted to directly front on North Main Street, Main Street, or Exeter Road if at least one of the following conditions exists on the lot:

a.

A commercial use, excluding home occupation and home-based businesses pursuant to section 32-232, exists as of May 1, 2025.

1.

Exception: A conversion of an existing single-family or duplex building into a multifamily building that shares the lot with a commercial use or building.

b.

A development or redevelopment of a building or series of buildings along the lot's road frontage with an aggregate residential unit count above 4 is proposed.

c.

The lot is vacant.

(3)

Mill development and redevelopment activities.

a.

See section 32-241 for standards relative to development activities on property with mill buildings.

(Ord. No. 01-2024/2025, § 2, 6-18-2025)

Editor's note— Ord. No. 01-2024/2025, § 2, adopted June 18, 2025, repealed the former § 32-45, and enacted a new § 32-45 as set out herein. The former § 32-45 pertained to the M-1 district and derived from Ord. of 2-14-1996, § 2.01; Ord. of 8-2-2000; Ord. of 11-19-2008; Ord. of 06-21-2017.

(a)

Purpose. The purpose of this district shall be to protect and enhance the commercial, social, civic and residential functions of the downtown village area. It is recognized that the village is an important place of business and of social interaction. Controls are intended to enhance the village by providing for relatively high density, a mix of uses, public access to the Lamprey River, and design compatible with the pedestrian scale and historic nature of the area.

(b)

Permitted uses.

(1)

Uses permitted by right are listed in the table of permitted uses in section 32-56.

(2)

The following uses may be permitted by special exception, provided that they meet the accompanying standards:

a.

Multifamily residential. The following conditions shall apply:

1.

Preparation and acceptance by the zoning board of adjustment of a fiscal impact statement which, in addition to analyzing general impacts, assesses school impacts in particular; and

2.

Preparation and acceptance by the zoning board of adjustment of a market analysis which demonstrates the feasibility of added multifamily housing in a community which already has an over-abundance of multifamily housing, sufficient to ensure reasonable expectation of ongoing occupancy of units to support maintenance and upkeep of the property.

(c)

Design standards. The following design standards shall apply in this district and are intended to enhance the pedestrian environment and to protect and enhance overall character of the village:

(1)

Building orientation. To ensure that the village area retains its pedestrian orientation, all new buildings shall face the primary street on which the lots fronts. Further, the primary pedestrian access shall be located on the front of the building.

(2)

Outdoor seating. Restaurants, with or without lounge use, may have outdoor seating. Site plan review approval shall indicate the total number of seats permitted for the use, and shall designate the area in which seats can be located outdoors. This outdoor seating option is not available to lounge-only uses or to social clubs.

(3)

Outdoor merchandise display and sales. Outdoor display and sales of merchandise is permitted in areas designated on an approved site plan.

(4)

Awnings. Awnings over doors and windows along streets are encouraged to enhance the pedestrian environment. A minimum clearance of seven feet shall be required where the awning projects over a public sidewalk, and awnings shall not be subject to the setback requirements and may have ten percent of their area covered with a commercial message.

(5)

Drive-through facilities. Drive-through facilities shall be prohibited in this district because the intent is to encourage pedestrian-oriented design in the village and to encourage the vehicle-oriented businesses to locate in other districts.

(6)

On-site parking. On-site parking shall not be allowed between the front of the primary structure and the street.

(Ord. of 2-14-1996, § 2.02; Ord. of 06-21-2017)

Editor's note— Ord. No. 01-2024/2025, § 2, adopted June 18, 2025, repealed § 32-46A, which pertained to the M-2A district and derived from Ord. of 06-21-2017.

(a)

Purpose. The purpose of the M-3 district shall be to provide additional area for the development of professional office space and health care related uses which are compatible with the existing nature and character of this predominantly residential neighborhood, to be accomplished to the extent possible through the re-use of existing buildings in the district.

(b)

Permitted uses.

(1)

Uses permitted by right are listed in the table of permitted uses in section 32-56.

(2)

The following uses may be permitted by special exception, provided that they meet the accompanying standards:

a.

Medical care facility, office, light manufacturing, place of assembly, or out-of-home adult day care. The following conditions shall apply:

1.

The existing residential structure shall be re-used with only minor exterior changes, or where a new structure must be constructed, the new structure shall be designed and constructed in a manner which is compatible with the scale, design and site arrangement of the surrounding neighborhood.

2.

Re-use of the structures may be required in whole or in part as determined feasible by the zoning board of adjustment.

(Ord. of 2-14-1996, § 2.03; Ord. of 06-21-2017)

(a)

Purpose. The purpose of the M-4 district shall be to provide for the ongoing use of the golf course and to facilitate adjacent commercial and residential development related to the golf course use.

(b)

Permitted uses.

(1)

Uses permitted by right are listed in the table of permitted uses in section 32-56.

(2)

Special use permit. Uses other than those specified in the table of permitted uses in section 32-56 may be allowed if granted a special use permit by the planning board. The granting of such permit shall require the board to find that the proposed use is consistent with the purposes of this district and is related to golf or outdoor recreation, is suitable for the location proposed, and would not cause significant adverse impacts.

(Ord. of 2-14-1996, § 2.04; Ord. of 06-21-2017)

(a)

Purpose. The purpose of the B-1 district shall be to provide areas suitable for businesses, which serve the community and/or people passing through town on Route 108. It is further intended that these businesses be segregated from residential uses to prevent conflict and undue impact on residents by business development.

(b)

Permitted uses. Uses permitted by right are listed in the table of permitted uses in section 32-56. For lots in this district, which have access solely from New Road, a single-family use, which may be manufactured housing, shall also be a permitted use.

(c)

Design standards. The following design standards shall apply in this district, and are intended to protect and enhance the aesthetic qualities and character of the district:

(1)

Structure re-use. It is the intent of the town that existing structures, which enhance the character of the neighborhood, be re-used. This may be required to the extent feasible by the planning board during the site plan review process.

(2)

Outdoor seating. Restaurants and/or lounges may move tables and seats outdoors as weather permits. Site plan approval shall limit total seating, and outdoor seating shall be restricted to areas designated for this purpose on the site plan.

(3)

Outdoor merchandise display and sales. Outdoor display and sales of merchandise is permitted in areas designated on an approved site plan.

(Ord. of 2-14-1996, § 2.05; Ord. of 06-21-2017)

(a)

Purpose. The purpose of the B-2 district shall be to provide a large area available for commercial, business and industrial development within the town to broaden the tax base and provide for employment opportunities for residents of the town and region. This district shall provide for these uses and shall exclude residential uses. This protects residents from undue impact, reduces possible sources of conflict and resulting delay for applicants, and reserves this area for the long term commercial, business and industrial development desired by the town.

(b)

Permitted uses.

(1)

Uses permitted by right are listed in the table of permitted uses in section 32-56.

(2)

The following uses may be permitted by special exception, provided that they meet the accompanying standards:

a.

Support uses. This shall include other uses that are subordinate to and serve the primary uses within this district. The final determination of the types of uses shall be made by the zoning board of adjustment, but shall include at a minimum day care, restaurant, dry cleaning, and business and/or personal services. The intent is to provide for the basic needs of the people working in this district without generating excessive amounts of traffic outside of the district. The following conditions shall apply:

1.

The support uses shall not occupy more than ten percent of the land area of the district.

2.

The support uses are reasonably expected to provide service to employees, customers and businesses within this district to a greater extent than they will generate new trips from other districts.

(Ord. of 2-14-1996, § 2.06; Ord. of 06-21-2017)

(a)

Purpose. The purpose of the B-3 district shall be to provide a large area available for commercial, business and industrial development within the town to broaden the tax base and provide for employment opportunities for residents of the town and the region. This district shall provide for these uses and shall exclude residential uses as principal uses. This protects residents from undue impact, reduces possible sources of conflict and resulting delay for applicants, and reserves this area for the long term commercial, business and industrial development desired by the town. This development pattern will provide for areas in the outer areas of town with adequate access underutilized for residential uses.

(b)

Permitted uses.

(1)

Uses permitted by right are listed in the table of permitted uses in section 32-56.

(c)

Flexible use development. In accordance with RSA 674:21, the planning board shall have sole authority to approve a flexible use development by conditional use permit. The intent of this permit is to provide for additional use opportunities that may not be listed within the table of permitted uses in section 32-56 but can be shown to be consistent with the purpose of the district. The following criteria shall be used in conjunction with the requirements of this chapter for granting a conditional use permit:

(1)

The permit is in the public interest.

(2)

There will be no greater diminution of neighboring property values than would be created under any other use permitted in the zone.

(3)

There are no existing violations of state or federal law and/or this chapter or regulations on the subject property.

(4)

The character of the area shall not be adversely affected as determined by consideration of the projects effect on:

a.

Architecture.

b.

Transportation.

c.

Scale of lot coverage.

d.

Scale of building size.

e.

Consistency of uses in the immediate area.

(5)

The granting the permit will not result in undue municipal expense. Applicants shall be required to offset such expenses or the permit will be denied.

(6)

The proposed use will be developed in a manner consistent with the spirit and intent of this chapter and the Newmarket Master Plan.

(7)

The capacity of existing or planned community facilities and services (including streets and highways) will not be adversely impacted.

(8)

The following impacts resulting from the granting of the permits have been mitigated to the extent practical:

a.

Noise.

b.

Light.

c.

Transportation.

d.

Visual effects.

(9)

Landscaped or other appropriate buffers of sufficient opacity and materials shall be required if deemed reasonably necessary for the welfare of neighboring properties or the town.

(10)

All developments shall have frontage on an existing or proposed Class V town.

(Ord. of 2-14-1996, § 2.07; Ord. of 5-7-2003; Ord. of 06-21-2017)

(a)

Purpose. The purpose of the R-1 district shall be to provide for the protection of the rural, unspoiled character and open spaces of the outlying areas on the eastern and western sides of town, while accommodating development of high quality residential neighborhoods with low overall density.

(b)

Permitted uses.

(1)

Uses permitted by right are listed in the table of permitted uses in section 32-56.

(2)

The following uses may be permitted by special exception, provided that they meet the accompanying standards:

a.

Neighborhood convenience store. The town desires to provide for a few small neighborhood convenience stores in the rural neighborhoods in town to serve the residents of those areas. The intent is to reduce the need for people to drive long distances for convenience products, and to prevent traffic congestion and parking problems in the village. The intent has nothing to do with employment or economic development, so design and use are strictly controlled to protect the rural character of the district. The following conditions shall apply:

1.

The lot complies with all dimensional requirements of this chapter.

2.

All retail activity shall be conducted indoors. There shall be no outdoor product display or sales.

3.

Because the use shall be relative inconspicuous, a wall sign shall be permitted in addition to all other signage otherwise permitted in the district. The message area of the wall sign shall not exceed 12 square feet and shall not be illuminated.

4.

The use shall be limited to not more than 1,000 square feet of gross floor area, including all storage and other space associated with the use.

5.

The products sold shall generally be of the type sold at convenience stores, intended for the consumption of area residents. Take-out foods may be a part of the use, but shall not be the exclusive or dominant product.

6.

The sale of gasoline, diesel, or other fuels shall be prohibited.

7.

Site plan review approval shall be required.

8.

The neighborhood convenience store shall be permitted on the same lot as a single-family residence. It may be located in the same structure or in a separate structure.

(Ord. of 2-14-1996, § 2.08; Ord. of 06-21-2017)

(a)

Purpose. The purpose of the R-2 district shall be to provide for an area of transition between the low-density R-1 residential district and the more intensively developed districts in and around the village area. It is intended that high quality neighborhoods with a greater density and greater mix of uses than would be permitted in the R-1 residential district shall be accommodated.

(b)

Permitted uses. Uses permitted by right are listed in the table of permitted uses in section 32-56.

(Ord. of 2-14-1996, § 2.09; Ord. of 06-21-2017)

(a)

Purpose. The purpose of the R-3 district shall be to provide for an area of transition between the low-density R-1 residential district and the more intensively developed districts in and around the village area. It is intended that quality neighborhoods with a greater density and greater mix of uses than would be permitted in the R-1 residential district shall be accommodated. This district permits multifamily residential use and is located in two areas with high concentrations of existing multifamily residential structures.

(b)

Permitted uses. Uses permitted by right are listed in the table of permitted uses in section 32-56.

(Ord. of 2-14-1996, § 2.10; Ord. of 06-21-2017)

(a)

Purpose. The R-4 district accommodates the high-density residential neighborhood immediately adjacent to the village area. Because of the generally small lot sizes and steep, narrow roads serving these areas, the mix of uses is strongly controlled. High density is still permitted because it predominates the existing land use pattern.

(b)

Permitted uses. Uses permitted by right are listed in the table of permitted uses in section 32-56.

(Ord. of 2-14-1996, § 2.11; Ord. of 06-21-2017)

TABLE OF PERMITTED USES
Uses checked are permitted by right

Notes:

¹ See section 32-236 Affordable Elderly Housing for individual district limitations and requirements.

² See B3 district for requirements for conditional use permit.

³ No drive-through restaurants are allowed.

⁴ Only light manufacturing and research and development uses, limiting the hours of operation to between 7:00 a.m. and 7:00 p.m.

(Ord. of 06-21-2017; Ord. No. 01-2024/2025, § 2, 6-18-2025)