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.
|
A.
Applicability.
(1)
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.
(3)
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.
B.
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.
C.
Boire Field airport approach plan.
(1)
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]
(2)
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.
(3)
The limit of height of obstructions shall be:
(a)
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]
(b)
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]
(c)
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.
(d)
Within 7,000 feet of the airport reference point
150 feet above the airport, 349 feet above sea level.
(e)
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.
(4)
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]]
[1]
Editor’s Note: This ordinance also repealed former Subsection
C(5), regarding noise compatibility zones, which immediately followed
this subsection.
D.
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.
E.
Permitted uses.
(1)
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:
(a)
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;
(b)
Make it difficult for flyers to distinguish
between airport lights and others;
(c)
Result in glare in the eyes of flyers using
the airport;
(d)
Impair visibility in the vicinity of the airport;
(e)
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;
(f)
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;
(g)
Create bird strike hazards;
(h)
Otherwise endanger the landing, taking off,
or maneuvering of aircraft.
(2)
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]
|
[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.
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.
|
A.
Certificate of approval.
(1)
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.
(2)
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:
(a)
The historical or architectural value of the
building or structure and its setting; and
(b)
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
(c)
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
(d)
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
(e)
The special character of the area including
whether or not it is primarily residential or commercial; and
(f)
The economic activity of the building and the
needs of that activity, and as it relates to the welfare of the community.
(3)
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:
(a)
Ordinary maintenance and repair of any exterior
architectural feature which does not involve a change in design, materials
or outer appearance thereof;
(b)
Painting or repainting of a building or structure;
(c)
Roofing or reroofing of existing structures,
provided that the roof plane remains the same;
(d)
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;
(e)
Storm doors and storm windows, provided that
original architectural features are not removed or destroyed.
(4)
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.
(5)
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.
(6)
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.
B.
Procedure for Commission review.
(1)
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.
(2)
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.
(a)
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.
(b)
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. A notice of the public hearing shall also be placed in a newspaper of general circulation in the area not less than five days before the date fixed for the 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]
(3)
Written finding required:
(a)
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.
(b)
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.
(4)
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.
(5)
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.
C.
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]
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.
|
A.
Applicability.
B.
Permitted uses.
(2)
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.
(3)
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.
C.
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:
(1)
Principal uses:
(d)
Retail; service; commercial:
[1]
Retail establishment selling convenience goods,
including but not limited to food, drugs and proprietary goods.
[2]
Retail establishment selling general merchandise.
[3]
Eating and drinking places.
[4]
Hotels.
[5]
Personal service establishments.
[6]
Membership club operated for profit.
[7]
Miscellaneous professional, medical and business
offices.
[8]
Proprietary school, college, business or trade
school.
[9]
Proprietary schools for education in the arts,
dance, music and drama.
[10]
Private day care, nursery, or kindergarten.
[11]
Movie theaters or performance theaters.
[12]
Museums and art galleries.
[13]
Amusement and recreation services, indoor and
outdoor.
D.
Modification of dimensional, density and other regulations.
(1)
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.
(2)
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.
E.
Site plan suitability report.
(1)
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:
(a)
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.
(b)
Analysis of any impacts on significant natural,
architectural, visual or aesthetic qualities of the surrounding environment.
(c)
Analysis of the health and safety impacts on
customers, residents, employees and the general downtown and inner-city
population.
(d)
Analysis of economic or property value impacts.
(e)
Analysis of traffic and parking impacts.
(f)
Analysis of the adequacy of existing municipal
facilities and services.
(g)
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.
(2)
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.
F.
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.
(1)
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.
(2)
Building and site design:
(a)
Proposed building massing, proportions, spacing,
scale, setbacks, orientation, facade treatment, height and roof lines
should be integrated and compatible with surrounding buildings.
(b)
Exterior building and paving materials and details
shall be of a composition, scale and form compatible with the site
and building environment.
(c)
Buildings should be designed in context with
clusters of buildings that present a distinct or unified architectural
pattern and scale.
(d)
Buildings shall be oriented to enhance, maintain
and protect unique or significant internal and external view corridors
and vistas.
(3)
Building rehabilitation:
(a)
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.
(b)
Building design, materials and details shall
be replicated where feasible.
(c)
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.
(d)
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.
(4)
Circulation:
(a)
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.
(b)
Adequate access for safety, fire and emergency
vehicles shall be available and approved by the Fire Department.
(c)
Provisions for public transit connections and
stops should be provided where deemed necessary and appropriate by
the public transit agency.
(5)
Parking:
(a)
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.
(b)
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.
(6)
Open space; landscaping:
(b)
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.
(c)
Open space and landscaping shall be incorporated
and, where practical, provide visual and physical links to parks,
plazas, squares and Main Street.
(d)
Open space and landscaping shall be provided
to accentuate points of access and pedestrian activity.
(7)
Lighting:
(a)
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.
(b)
Lighting sources shall be adequately shielded
to avoid glare.
(c)
All new construction and rehabilitation projects
shall conform to City minimum lighting standards.
(8)
Signage:
(a)
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.
(b)
All signs shall conform to Article X, Signs, of this chapter, except as modified by this section.
(c)
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.
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.
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A.
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.
B.
Boundaries.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
C.
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.
D.
Uses in the Conservation Zone.
(1)
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.
(2)
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.
(3)
Land contained in the Conservation Zone may satisfy
the open space requirements of any lot.
E.
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.
F.
Lots of record and nonconforming uses:
(1)
The lawful use of any building or land existing at
the time of the enactment of this article may be continued.
(2)
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.
(3)
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.
(4)
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.
(5)
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:
(a)
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.
(b)
The proposed expansion cannot be reasonably
accomplished within the constraints of Part 2.
[Amended 2-26-2008 by Ord. No. O-08-07]
(c)
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.
[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.
A.
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).
B.
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.
C.
Boundaries.
(1)
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.
(2)
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.
(3)
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.
D.
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.
F.
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.
G.
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.
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.
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The flexible use district permits multiple,
coordinated uses in an integrated concept development plan, and provides
for open space, wetland protection and recreational opportunities.
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A.
Permitted uses:
(1)
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.
(2)
Mixed-use village area:
(a)
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.
(b)
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.
(c)
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.
[1]
Elderly housing units.
[2]
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.
[3]
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.
[4]
Personal service establishments including but
not limited to hair styling, tailoring, shoe repair, laundromat and
dry cleaning establishments or similar uses.
[5]
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.
[6]
Private day-care nursery.
[7]
Quasi-commercial, civic and institutional uses
including but not limited to studios for art, dance, music and photography,
churches, libraries and post offices.
[8]
Farm stands and agricultural uses.
[9]
Any type of municipal facility or activity.
(3)
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.
(4)
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.
(a)
With the approval of the conservation commission,
dispensing of automotive fuel, with no more than four fuel filling
locations.
(b)
Medical, dental and veterinary offices.
(c)
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.
(d)
Funeral homes.
(e)
Greenhouses.
B.
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.
C.
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.
D.
Residential property dimensional requirements.
(1)
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
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(2)
Dwellings shall be sited with a variety of setbacks
to prevent the row house effect.
(3)
There shall be no more than 60 elderly housing units
included in the development.
E.
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.
F.
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.
G.
Street and utility requirements. The following requirements shall supersede Article XXX of this chapter where applicable:
(1)
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.
(2)
Public rights-of-way shall be 50 feet.
(3)
The Planning Board may require speed reduction or
traffic calming devices as it deems necessary.
(5)
The Planning Board may require that culs-de-sac be
teardrop in shape, to facilitate snow plowing or for any other reason.
(6)
All utilities shall be provided via underground connections.
H.
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.
I.
Administration.
(1)
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.
(2)
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.
(3)
All applicable fees for submittal of site plans and
subdivision plans shall apply.
J.
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]
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.
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A.
Applicability.
(1)
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.
(2)
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.
(3)
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:
B.
Permitted uses. The following uses are permitted within
a PRD:
(1)
Single-family detached, duplex, or multifamily dwellings.
(2)
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.
(3)
Commercial retail and service establishments as allowed
in Local Business (LB) District.
(4)
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.
C.
Procedures.
(1)
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.
(2)
Submission and review.
(a)
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.
(b)
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.
(c)
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.
(d)
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]
(e)
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.
(f)
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.
D.
Dimensional standards.
(1)
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:
(b)
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.
(c)
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.
(d)
All commercial acreage.
(e)
Acreage occupied by indoor recreation facilities
open to the general public and operated for profit.
(f)
Industrial acreage.
(2)
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.
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0.20 to 0.50 units per acre, depending upon
the quantity and quality of the dedicated facilities as determined
by the Planning Board
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0.10 to 0.25 units per acre, depending upon
the quantity and quality of the dedicated facilities as determined
by the Planning Board
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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.
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0.05
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0.025
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(3)
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.
(4)
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.
E.
Open space, parks and recreation.
(1)
At least 20% of the total tract area shall be designated
as common open space.
(2)
Not more than 75% of the common open space shall be
wetlands or over 5% sloped area.
(3)
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.
(4)
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.
(5)
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.
G.
Stormwater management. A stormwater management plan consistent with Article XXXI shall be provided with the initial application for all phases of the proposed development.
H.
Street design and transportation.
(2)
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.
(3)
The Planning Board may require principal streets to
become dedicated public ways.
(4)
Private streets shall conform to Subsection H(1) above, and the following standards:
(a)
Private maintenance of all street improvements
is required (except as specifically required by the City) including
rubbish collection, lighting and snow plowing.
(b)
The streets shall be posted as private streets
by standard street signs.
(c)
The Planning Board may allow up to 25% of streets
within the development to become public streets when appropriate.
(d)
All dwelling units to be sold must have either
frontage or permanent easement access to a public street.
I.
Utility requirements. The development shall be served
by both a public water and public sewerage system.
J.
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.
[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.
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A.
Applicability.
(1)
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.
(2)
The Transit-Oriented Development Overlay Districts are flexible overlay
zones which are authorized by RSA 674:21.
B.
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.
C.
Locational
criteria. TOD Overlay Districts shall be located within a reasonable
walking distance to a transit station as established on the official
Zoning Map.
D.
Uses.
(1)
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.
(2)
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).
E.
Modification
of dimensional, density and other regulations.
(1)
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.
(2)
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.
F.
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.
G.
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.
H.
Lot
arrangement and dimensions. The front setback shall be established
as follows: