Rochester City Zoning Code
ARTICLE 6
Commercial Zoning Districts
§ 275-6.1 Introduction.
The Downtown Master Plan provides guidance in revitalizing the downtown. It is hoped that downtown Rochester remains the heart of the City, as an active place that is densely populated and used by all citizens, in different ways and at different times. It is emphasized that carefully crafted laws, pertaining to driveway access, parking, signage, lighting, and building layout and design, are necessary to ensure that the Downtown Commercial District remains vibrant.
A.
Pedestrian orientation. The DC, NMU and OC Zoning Districts have a strong pedestrian orientation. The districts are structured to accommodate the automobile as well, but not at the expense of pedestrian character.
B.
Automobile orientation. The HC, and some areas of the OC, Districts have a strong automobile orientation. Nonetheless, quality of design and attention to pedestrian character is still important in these zones as people will still be walking to and within the sites.
§ 275-6.2 General terms.
Uses which are permitted by right, conditionally, or by special exception are listed in Article 18, Use Regulations. Dimensional regulations are presented in Article 19, Dimensional Regulations. Other applicable requirements for development within commercial zoning districts are presented throughout this chapter.
§ 275-6.3 Downtown Commercial District (DC).
A.
District location. The most intensive pedestrian-oriented commercial area in the City is the DC District where there is the strongest sense of enclosure. Buildings are predominantly multistory, of masonry construction, and built right to the sidewalk, with a clear, consistent, relatively uninterrupted street wall (with the side walls of buildings butting up to each other).
B.
Objectives.
(1)
Provide for a mix of uses within the zone.
(2)
Preserve existing historic architectural structures and designs.
(3)
Provide for the adaptive reuse of existing historic and non-historic structures.
(4)
Encourage commercial and City-wide redevelopment.
(5)
Provide for safe pedestrian and non-automotive travel within the district.
(6)
Provide for minimum to no restrictions on hours of operations.
(7)
Encourage both rental and ownership opportunities for residential housing in the district.
C.
Development standards.
(1)
Uses.
(b)
Drive-through facilities. Drive-through facilities are permitted in the DC District by conditional use only. Where permitted, they must be situated in the rear of the building or in the side of the building only if location at the rear is not practical.
(c)
Outdoor uses. Outdoor uses, such as dining, cafes, seating (all of which shall be accessory to an allowed primary approved use) and sidewalk vendors, may be established within the public right-of-way or on other City property by approval of the City Council.
(2)
Setbacks.
(a)
Front build-to line/zone.
[1]
In the DC District a build-to line of five feet is established for all commercial buildings and for additions to such buildings fronting on the street (it is preferred that the building be built right up to the sidewalk with no setback).
[2]
In the DC District a build-to zone between five feet and 10 feet is established for all noncommercial buildings and for additions to such buildings fronting on the street.
[3]
The build-to line and build-to zone may be altered by conditional use where appropriate, such as for churches and civic-type buildings, which may warrant a larger front setback and landscaped or hardscaped yard, or to create pedestrian-oriented amenities such as pocket parks or plazas or upon a finding that the build-to line or zone is not practical or to conform to prevailing existing setbacks.
(b)
Side/rear setbacks.
[1]
There are no minimum side setbacks except for spacing between buildings as specified in the Building and Fire Codes. Also see special setbacks in Note 1 on Table 19-B.[2]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[2]
Editor's Note: Table 19-B is included as an attachment to this chapter.
[2]
The Planning Board may alter the rear setbacks by conditional use, where appropriate, such as to accommodate rear decks for dining, to accommodate pedestrian-oriented facilities, or to allow for optimal uses of lots consistent with the intent of this section. The Planning Board must determine that any reduction does not measurably interfere with or negatively impact abutting properties, particularly residential properties.
(4)
Parking areas. Within the DC District parking is not allowed in front yards and is allowed in rear and side yards by conditional use.
§ 275-6.4 Office Commercial District (OC).
A.
District location. This district is located in transitional areas as well as along the major nodes and corridors. The OC District includes some older structures that have been converted to commercial uses and also includes some larger, undeveloped sites.
B.
Objectives.
(1)
The purpose of the district is to preserve the wood-frame architecture, as much as feasible, with a mix of residential and low-impact nonresidential uses (office, institutional, bed-and-breakfasts, and limited retail up to 2,500 square feet).
(2)
Allows for large-scale office, institutional, hospitality, and civic uses and is ideally oriented toward campus-type settings.
(3)
Oriented toward open, suburban-type corridors. The district is distinctly automobile oriented.
(4)
Orientation. See Figure 4-D - Recommended Site Design in OC District, below.
 Figure 4-D - Recommended Site Design in OC District |
(5)
Mixed use within the district and within individual buildings is encouraged.
C.
Development standards.
(2)
Build-to zone. There is a build-to zone between 10 and 20 feet. This zone may be altered by conditional use where appropriate for civic uses, where not practical, or for other design considerations.
(3)
Parking areas.
(a)
Screening. Any on-site parking must be fully screened from the street (except for driveway and pedestrian passageways).
(b)
Location. Within the OC District parking is allowed in rear yards only but may be permitted in side yards upon a finding that off-street parking is appropriate in this situation, rear yard parking is not practical, the side yard parking will be completely screened, and there will be no significant adverse impact on the streetscape.
(c)
Fronting on the street. New off-street parking areas on lots fronting on the street, situated in front yards, or visible in any prominent manner from the street are not permitted. In the course of site plan review for new applications any existing parking areas or lots that do not meet this requirement shall be mitigated to the extent fair and practical (see Article 30, Nonconforming Property).
(d)
Driveways. Where driveways are approved, parking is permitted within the driveway portion located in front and side yards.
(4)
Driveways. No part of any driveway or curb cut may be located in front of the front facade of any primary building; rather, they must be situated along or in close proximity to side lot lines, unless otherwise approved by the Planning Board, Building, Zoning, and Licensing Services Department, or Department of Public Works.
[Amended 3-5-2019]
(5)
New buildings. The architectural regulations under the Site Plan Regulations should be strictly applied.
§ 275-6.5 Highway Commercial District (HC).
A.
District location.
(1)
The HC District tends to be located further from the City center and is oriented toward larger parcels, larger buildings, high-value development, and retail sales (i.e., "big box development," large shopping centers, and franchise development). The HC District may include parcels of land located on both the easterly and westerly sides of the main traffic artery. These parcels will benefit from any improvements to be made to the main traffic artery.
(2)
Parcels located on the side of the main traffic artery may have direct contact with, and benefit from, the service road planned to be built alongside the main traffic artery and intersections connecting to this service road, if and when opportunities for construction of this service road and these intersections develop.
B.
Objectives.
(1)
The HC Districts are geared toward high-volume automobile traffic and, accordingly, less stringent design standards are appropriate.
(2)
Provide landowners and developers with flexible yet clearly defined requirements.
(3)
Minimize infrastructure cost to the City through good planning for the district as a whole rather than based upon individual lots.
(4)
Maximize the developable areas on the parcels within the district through creation of flexible dimensional requirements.
(5)
Minimize traffic impacts to the main traffic artery through implementation of a service road and shared intersections with the main traffic artery.
C.
Development standards.
(1)
Architectural renderings, landscaping, signage, and lighting shall be required in the HC commercial corridors.
(2)
The HC District includes older, tighter and more built-out commercial strips with smaller lots, smaller buildings, and less room for new development. The full range of conventional automobile-oriented uses is permitted in the HC District, fast food, drive-through restaurants, car washes, and retail stores, along with warehouses and light industry. The HC District is the only district in which the sale of exclusively used automobiles (without also requiring sales of new automobiles) is permitted.
(3)
The HC District permits larger signs and taller light poles.
(4)
Parking. Parking in front of buildings and large lots fronting the road is acceptable within the HC Districts.
D.
HC District pavement dimensional regulations. For new construction, the setbacks shown in the table below shall apply to pavement used for parking and interior accessways. Driveways into the site from the service road are exempt from these setbacks. These setbacks guarantee a minimum ten-foot wide area for landscaping around the perimeter of the site (five feet plus five feet for adjoining lots along the side lot lines). This subsection shall supersede perimeter landscaping buffer requirements (15 feet along the front and 10 feet along the side lot lines) established in the Site Plan Regulations.
Minimum Property Line Setbacks (in feet) | |||
|---|---|---|---|
Front | Side | Rear | |
Pavement | 10 | 5 | 10 |
E.
HC District service road regulations. The following requirements apply to those lots situated alongside the main traffic artery, on which the planned service road and access roads leading to or from the service road are to be situated.
(1)
Rights-of-way. To the extent practical and appropriate, as determined by the Planning Board, as part of any proposed site plan or subdivision plan, each landowner/developer shall incorporate into his/her plan, on the subject land, a sixty-foot wide right-of-way for the construction of the service road and/or access road(s). The right-of-way shall traverse the subject lot from the southerly lot line to the northerly lot line, as appropriate, and in the case of any access road, from the easterly to the westerly lot line, as appropriate, in accordance with the layout of the planned service road and access road(s).
(2)
Temporary termination. Where the service road has not been built on the lot adjacent to the subject property, a temporary cul-de-sac shall be built on the subject property to provide for an appropriate turnaround and future connection to the service road on that adjacent lot. Appropriate provisions may be established by the Planning Board to facilitate seamless connection of that cul-de-sac in the future to a service road on the adjacent lot, when that road may be constructed. The temporary cul-de-sac shall conform to the City of Rochester Subdivision Regulations.
(3)
Intersections with the main traffic artery. As part of any site plan or subdivision plan, the landowner/developer shall incorporate predetermined access points onto the main traffic artery into his/her plan.
(4)
NHDOT. Developers shall coordinate with the New Hampshire Department of Transportation (NHDOT) regarding the design of the access roads and any intersections with the main traffic artery, where it is a state highway.
F.
HC District road design standards.
[Amended 3-5-2019]
(1)
(2)
All materials shall be installed in compliance with NHDOT specifications and the City of Rochester Subdivision Regulations.
G.
HC District stormwater management requirements.
(1)
Stormwater controls for each individual site plan shall be designed in compliance with the New Hampshire Stormwater Manual Volume 2, or the most recent version. To ensure adequate stormwater control given the more flexible dimensional regulations, these design guidelines shall be followed regardless of any requirement imposed as part of the New Hampshire Department of Environmental Services alteration of terrain permitting (for 100,000 square feet +\- of disturbed surface).
(2)
The Planning Board shall consider proposals for use of innovative stormwater control structures, such as porous pavement, bioretention areas, gravel wetlands, etc. If the Board concludes that use of these structures is in order, then:
(a)
It may be appropriate to allow for interior landscaped islands within parking lots to be constructed without perimeter curbing if the curbing would interfere with the routing of the stormwater.
J.
HC District design standards.
(1)
Trash and delivery areas. The lots situated between the service road and the main traffic artery call for special treatment because they have double frontages.
(a)
Whenever practical, and not impeded by wetlands or other physical constraints, trash and delivery areas shall be located off of a shared access driveway between sites.
(b)
The access driveway may be located at/along the side lot line(s), with each lot having its own trash and delivery area located off this access driveway.
(c)
Trash, delivery, and loading areas shall be well screened from the main traffic artery.
(2)
Facade treatment. Building facades fronting on the service road and the main traffic artery shall both be treated as front facades, both thereby meriting attractive treatment, under the architectural standards included in the City of Rochester Site Plan Regulations.
(3)
Outdoor seating. Restaurant proprietors are encouraged to include seasonal outdoor seating.
K.
Adjustments in requirements. Since a number of the requirements specified in this section are design oriented, the Planning Board may adjust any requirements of HC District pavement dimensional regulations, HC District service road regulations, HC District road design standards, HC District stormwater management requirements, HC District utility standards, and HC District design standards, on a case-by-case basis, where it reasonably determines that strict application of any requirement is impracticable due to particular conditions on a given site.