The purpose and intent of the base zoning districts
are as follows:
Table 14-1
Zoning District Purpose Statements
| |
---|---|
District
|
Purpose
|
Rural Residence
(R-40)
|
The Rural Residential District has a minimum
lot size requirement of 40,000 square feet (or approximately one acre).
This district is reserved primarily for the southwest quadrant of
the City and other areas with limited infrastructure capacity and
environmental or topographical restrictions. The R-40 District is
also the primary district where individual wells and septic systems
are in use, although sewer and water extensions have been made to
some parts of the district.
|
A Suburban Residence
(R-30)
|
The R-30 District is similar to R-40, with a
slightly smaller minimum lot size of 30,000 square feet. Most of the
R-30 Districts provide a buffer between the R-40 District and suburban
areas, such as the southwest quadrant and the northwest quadrant near
the Hollis border west of the airport.
|
B Suburban Residence
(R-18)
|
These districts are more evenly distributed
throughout the City, although the majority of the R-18 and R-9 land
is found in the southwest quadrant. This district provides suburban
densities and intensities for primarily residential neighborhoods,
with conservation subdivisions permitted as an option in order to
encourage the preservation of natural resources.
|
C Suburban Residence
(R-9)
|
These districts are more evenly distributed
throughout the City, although the majority of the R-18 and R-9 land
is found in the southwest quadrant. This district provides suburban
densities and intensities for primarily residential neighborhoods,
with conservation subdivisions permitted as an option in order to
encourage the preservation of natural resources.
|
A Urban Residence
(R-A)
|
This district is appropriate for the older residential
sections of Nashua surrounding the urban core. R-A is predominantly
single family, although duplexes are allowed subject to special standards.
|
B Urban Residence
(R-B)
|
This district is appropriate for the older residential
sections of Nashua surrounding the urban core. The R-B District permits
duplexes by right and multifamily dwellings with three or more units
subject to special standards.
|
C Urban Residence
(R-C)
|
This district is appropriate for the more well-established
residential sections of Nashua that include areas immediately surrounding
the urban core and neighborhoods throughout the urban area. The R-C
District permits all residential types by right, provided all dimensional
requirements are met.
|
Local Business
(LB)
|
Local Business (LB) Districts are commercial
areas primarily located adjacent to or within established residential
neighborhoods. They are intended as convenience commercial districts
that support adjacent neighborhoods. The LB District is pedestrian-oriented
as opposed to automobile-oriented.
|
Highway Business
(HB)
|
Highway Business (HB) Districts are commercial
areas located primarily adjacent to heavily traveled arterial roads,
such as Amherst Street and the Daniel Webster Highway.
|
General Business
(GB)
|
General Business (GB) Districts are similar
to the HB Districts in purpose, function, and appearance, but require
a smaller minimum lot size. The GB Districts are generally found in
close proximity to the HB Districts, but tend to be developed as shopping
centers with large parking areas (including the malls), rather than
for "strip" commercial development, which characterizes development
in the HB Districts.
|
Downtown
(D-1 and D-3)
|
The D Districts consist of the downtown and
the surrounding business area. These are mixed-used districts, which
permit some apartment and multifamily uses as well as commercial and
institutional uses. The D Districts are pedestrian-oriented as opposed
to automobile-oriented. These districts include many of Nashua's historic
structures.
|
Park Industrial
(PI)
|
The Park Industrial (PI) Districts are industrial
areas that, for the most part, abut the major turnpike interchanges,
and are adjacent to residential zones. The PI District provides locations
for light industry and industrial parks. This district implements
the Master Plan recommendation to provide adequate zoning for industrial
park-type development.
|
General Industrial
(GI)
[Amended 2-26-2008 by Ord. No. O-08-07] |
The General Industrial (GI) Districts are the
older, traditional industrial areas of the inner City. They are often
in close proximity to the Nashua or Merrimack Rivers and are generally
accessible by railroad and/or local roads. Most of Nashua's heavy
industries are located in the GI Districts. This district implements
the Master Plan recommendation to provide a reasonable amount of space
for heavy industrial uses, provided they are environmentally sound
and do not detract from neighboring land uses.
|
Airport Industrial
(AI)
|
This district includes the Boire Field Airport
and the surrounding industrially zoned land. It supports the airport's
operations by providing an area for airport-related and airport-compatible
uses.
|
Purpose: Pursuant to RSA 674:16, this
section regulates the location and use of buildings, structures and
land used for business, industrial, residential, or other purposes.
This section implements the following Master Plan recommendations:
| |
•
|
Update the commercial land-use definitions
in the Nashua Revised Zoning Ordinances.
|
•
|
Write clear definitions of all potential
industrial types/uses and apply them to all of the Industrial Zones.
|
A.
Applicability. Except as provided in this article,
no building, structure or land shall be used except for the purposes
permitted in the district as described in this article.
B.
Mixed uses. In cases of mixed occupancy, the regulation
for each use shall apply, as provided in this Part 2, to that portion
of the building or land.
C.
Use Matrix.
(1)
The uses permitted in each zoning district are set forth in Table 15-1 below. Any use not listed is prohibited, unless the Administrative Officer determines that it falls within the same class as a listed use as set forth in Subsection D below.
(a)
Uses permitted by right are uses designated
by a "P" in Table 15-1.
(b)
Conditional uses are designated by a "C" in Table 15-1 and require a permit from the Planning Board as set forth in § 190-133 of the Land Use Code.
(2)
Uses permitted by right or by conditional use shall
be subject, in addition to use regulations, to all other provisions
of this article.
D.
Interpretation of Table 15-1.
(1)
Uses not listed as a permitted or conditional use
are presumed to be prohibited from the applicable zoning district.
In the event that a particular use is not listed in the Use Matrix,
and such use is not listed as a prohibited use and is not otherwise
prohibited by law, the Administrative Officer shall determine whether
a materially similar use exists in this section. Should the Administrative
Officer determine that a materially similar use does exist, the regulations
governing that use shall apply to the particular use not listed, and
the Administrative Officer's decision shall be recorded in writing.
Should the Administrative Officer determine that a materially similar
use does not exist, this chapter may be amended to establish a specific
listing for the use in question.
(2)
The Administrative Officer may determine that a use
is materially similar if:
(a)
The use is listed as within the same structure or function classification as the use specifically enumerated in the Use Matrix, as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association [Reference: http://www.planning.org/Ibcs/index.html]. The use shall be considered materially similar if it falls within the same LBCS classification and meets the requirements of Subsections D(2)(b) and (c) below.
(b)
If the use cannot be located within one of the LBCS classifications pursuant to Subsection D(2)(a) above, the Administrative Officer shall refer to the North American Industry Classification Manual (NAICS) [Executive Office of the President, Office of Management and Budget, 1997]. The use shall be considered materially similar if it falls within the same industry classification of the NAICS, and meets the requirements of Subsection D(2)(c) below. [Reference: http://www.census.gov/epcd/www/naics.html]
(c)
The proposed use shall not generate average
daily trips exceeding other uses proposed in the zoning district by
more than 10%, as determined by the Institute of Transportation Engineers,
Trip Generation (6th ed., 1997) [the "ITE Manual"], which document
is hereby incorporated by this reference. If the trip generation is
not listed in the ITE Manual, the use shall be considered materially
similar. The Administrative Officer may also refer to similar local
traffic studies.
(3)
In order to assist in interpretation of the Use Matrix,
the LBCS and NAICS numbers precede each use in the Use Matrix. In
interpreting the Use Matrix, the following rules of construction shall
apply:
(a)
If a use is listed for a specific classification,
while a more general classification within the same industry classification
is also listed for another use, the specific classification governs.
The specific use is not permitted in all districts where the uses
coded to the general classification are permitted simply because they
share a similar LBCS or NAICS code number. The numbers increase as
the classifications get more specific.
(b)
Some uses are listed separately, but fall within
the same LBCS or NAICS classification. The uses within one such classification
are not permitted in all of the zoning districts as the others simply
because they fall within the same LBCS or NAICS classification.
(4)
Commercial uses designated with the superscript "1"
(1) are permitted only as part of a site
plan in which at least 75% of the gross floor area is reserved for
uses listed in the "industrial and manufacturing" category.
(5)
Self-storage
facilities designated with the superscript "2" (2) must be at least 200 feet from the City right-of-way; and all storage bay doors to be screened from view from all adjacent street frontages and residentially used properties; and a minimum landscape buffer of 40 feet is required from all adjacent residentially used properties. The Planning Board may waive the 200-foot setback on nonarterial rights-of-way, door screening and forty-foot buffer as part of a conditional use application and site plan application, provided that it finds there are no negative impacts on the abutter, neighborhood or the City in addition to the required criteria for waivers (§ 190-148D).
[Added 1-22-2019 by Ord.
No. O-18-033]
(6)
Facilities with a primary use designated with the superscript "3"
(3) shall be a minimum of 1,000 feet from like-classified uses and 1,000 feet from schools or youth-serving organizations. The Planning Board may waive the 1,000-foot measurement, provided that the applicant demonstrates that there are no negative impacts on the direct abutters, neighborhood, or City and that the project meets the required criteria for waivers (§ 190-148D). The Planning Board may not waive the 1,000-foot measurement if the facility directly abuts a school or youth-serving organization. For the purposes of this section, schools and youth-serving organizations are defined as organizations with a physical location whose primary purpose is to serve persons under the age of 18. Examples could include schools, childcares, camps, or organizations whose primary purpose is youth support and development which offer on-site programming, including housing, for persons under the age of 18.
[Added 4-26-2022 by Ord. No. O-22-010]
Purpose: Pursuant to RSA 674:16, this
section regulates the location and use of buildings, structures and
land used for business, industrial, residential, or other purposes.
This section implements the following Master Plan recommendations:
| |
•
|
Encourage infill development within,
and work to revitalize existing commercial areas.
|
•
|
Guide commercial and industrial development
to the existing built areas of the City and minimize development in
outlying, undeveloped areas.
|
The dimensional regulations are found
in Table 16-3 of this section.
|
A.
Applicability.
(1)
This section establishes minimum and maximum standards for the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings pursuant to RSA 674:16. Developments subject to the supplemental use regulations (Article VI) may be governed by their respective sections in this chapter and, if so indicated in the specific supplemental use regulation, may be exempt from the dimensional and density regulations of this § 190-16 or Table 16-3.
(2)
No land or building shall hereafter be used or occupied
and no building or part thereof shall hereafter be constructed, erected,
altered or moved unless in conformity with all of the regulations
herein specified for the zoning district in which it is or will be
located. No building permit shall be issued unless the proposed building
or structure conforms to the standards established in this section.
Comment: For utility structures, see
Part 6.
|
B.
Residential density (Dimensional Matrix, Column B).
(1)
Density restrictions apply only to conservation subdivisions
and to dwelling units other than single-family detached dwellings.
No building, structure or land shall hereafter be used or occupied
in excess of the prescribed density regulations, nor accommodate a
greater number of dwelling units than prescribed for in the zoning
district in which it is or will be located.
(2)
In computing density for large tracts or multiunit
housing projects, the density limits established by the zoning district
apply. Densities may exceed the maximum on part of a tract, if the
overall density on the total project site does not exceed the limits
established by the zoning district.
Comment: For single-family detached
dwellings not in conservation subdivisions, no maximum number of total
permitted dwelling units is established because the total number of
dwelling units is governed by minimum lot size. Conservation subdivisions
are not subject to minimum lot size, but total permitted dwelling
units shall not exceed the density established as set forth in Table
16-3.
|
(3)
No household other than a family shall have a number
of members exceeding the figure provided in Table 16-1 below entitled
"Occupancy Restrictions":
Table 16-1
Occupancy Restrictions
| ||
---|---|---|
Dwelling Type
|
Maximum Number of Occupants in Unrelated
Household Per 300 Square Feet of Habitable Floor Area
| |
Single-family dwelling
|
1
| |
Duplex or townhouse
|
1
| |
Apartment, including accessory apartments
|
1.5
| |
Bed-and-breakfast
|
3
| |
Rooming/boarding, including accessory rooming/boarding
|
2
| |
Dormitory
|
3
| |
Fraternity or sorority
|
2
| |
Nursing home
|
2
| |
Elderly housing
|
1.5
|
C.
Minimum lot area (Dimensional Matrix, Column C).
(1)
Applicability. The lot or yard areas required for
any new building or use may not include any part of a lot required
by any other building or use to comply with any provision of this
article, nor may these areas include any property of which the ownership
has been transferred subsequent to the effective date of this article
if such property was a part of the area required for compliance with
the dimensional regulations applicable to the lot from which such
transfer was made. Lots shall not be so separated or transferred in
ownership so as not to comply with this article. No permit for development
shall be issued for a lot that does not meet the minimum lot area
requirements of Table 16-3 of this chapter except for nonconforming
lots of record.
D.
Floor area ratio/intensity in nonresidential districts
(Dimensional Matrix, Column O). Unless otherwise stated, all references
to nonresidential intensity shall be deemed to refer to floor area
ratio (FAR). FAR is computed as the ratio of gross floor area of all
buildings and structures to the total lot area.
E.
Setbacks (Dimensional Matrix, Columns G through K).
(1)
Applicability and rules of interpretation. Setbacks
for buildings or structures are measured as the area between the furthest
projection of a principal structure and the property line of the lot
on which the structure is located, except as provided below. Where
a yard abuts a street, the setback shall be measured from the abutting
street right-of-way line.
Commentary: Typically, the side and
rear setback is measured from the property line, while the front setback
is measured from the right-of-way because the front yard adjoins the
street.
|
(2)
Development in setbacks.
(a)
Setbacks shall be unobstructed from the ground
to the sky except as specified in this section. The following features
may encroach into a required building setback:
[1]
Any buttress, cornice or pier may extend beyond
the setback not more than 12 inches.
[2]
Unenclosed steps not extending above the first
floor level may extend up to three feet to a side property line or
up to a front property line.
[3]
Retaining walls, regardless of necessary height,
may extend up to 18 inches to a street line or service lane.
[4]
A protective hood or overhang over a doorway
may extend not more than three feet into the required minimum yards.
[5]
Balconies or bay windows, not to exceed three
feet into the required setback.
[6]
Chimneys, not to exceed two feet.
[7]
Heating and cooling units, not to exceed three
feet.
[8]
Overhanging roof, eave, gutter, cornice, or
other architectural features and awnings, not to exceed two feet.
[10]
Fences or shrubs.
[11]
Steps or stoops over four feet in height, windowsills,
chimneys, roof eaves, structural overhangs or projections enclosing
habitable living space, or similar architectural features which may
project not more than two feet.
(3)
Special exceptions for minor encroachments.
Purpose: This subsection provides a
streamlined review process for applicants proposing minor encroachments
into required setback areas. The purpose is to reconcile the legitimate
objectives of homeowners requesting minor expansions of existing dwellings,
with the objectives of surrounding neighborhoods to protect their
character, appearance, and safety. Accordingly, this subsection provides
an inexpensive, streamlined review process, while allowing concerned
neighbors to comment where the expansion will have a measurable impact.
|
(a)
For purposes of this subsection, the extension of a building, structure, or paved surface not exempted by Subsection E(2) above, into a setback by a distance not exceeding the amounts prescribed in Table 16-2 shall be considered a "minor encroachment" and may be approved as a special exception (See § 190-134.) by the Zoning Board of Adjustment (ZBA) on a consent agenda. Nothing in this section shall be construed in such a manner as to eliminate the applicant's burden of proving that the encroachment meets the criteria for approval of a special exception. The application for a special exception considered on the ZBA's consent agenda shall include a monumented survey. If the applicant chooses not to submit a monumented survey, the case shall be considered as part of the ZBA's normal hearing process. The application, including a monumented survey, shall be considered part of the evidence in the proceeding unless it is excluded by the ZBA following an objection stated on the record. This subsection does not apply to an application for subdivision plan approval.
Table 16-2
Minor Encroachments
| |||
---|---|---|---|
Zoning District
|
Front Yard Encroachment
(feet)
|
Side Yard Encroachment
(feet)
|
Rear Yard Encroachment
(feet)
|
R-40
|
6
|
5
|
16
|
R-30
|
6
|
5
|
11
|
R-18
|
6
|
5
|
11
|
R-9
|
6
|
4
|
10
|
R-A
|
6
|
4
|
9
|
R-B
|
6
|
4
|
6
|
R-C
|
4
|
4
|
3
|
F.
Front setbacks.
(1)
Adjustment for infill lots. The Administrative Officer
may approve the reduction of a district's setback requirement for
the development of infill lots, where it can be shown that the proposed
setback is consistent with the average setback that exists in the
neighborhood. The applicant shall provide to the Administrative Officer
a map showing the adjoining lots within 200 feet of the subject lot,
noting what the existing setbacks are on those properties.
(2)
Buildings facing away from street. Where a principal
use building or structure is oriented to face away from the street
on which it fronts, said building or structure shall conform to the
required front yard setback for the district in which it is located.
Any accessory use(s) prohibited from required front yards within such
districts are prohibited within the required front yard setback from
a principal use building or structure facing away from the street.
(3)
Front setbacks. Where a frontage is divided among districts with different front yard requirements, the deepest front yard applies to the entire frontage. However, the front setback may be adjusted as provided in Subsection F(1) above.
(4)
Development in front yard. No structure other than
a driveway, sign, fence, gate, sidewalk, berm or other landscape feature
shall be erected or permitted to be located in a required front yard
area.
G.
Side setbacks. Side setbacks shall be measured from the side property line. (See special rules for corner lots in Subsection J below.)
H.
Rear setbacks. Rear setbacks shall be measured from
the rear property line.
I.
Height of buildings and/or structures.
(2)
Height limitations.
(a)
The height limitations of this chapter shall
not apply to any of the following structures not intended for human
occupancy:
Antennas
| |
Beacons
| |
Belfries
| |
Chimney flues
| |
Chimneys
| |
Clock towers
| |
Cupolas
| |
Domes
| |
Electrical, mechanical, or elevator
| |
Monuments
| |
Parapet walls as needed to screen equipment
| |
Radio aerials
| |
Smokestacks
| |
Spires
| |
Steeples
| |
Structures for essential services
| |
Television antennas (subject to § 190-38)
| |
Transmission towers (subject to § 190-38)
| |
Windmills
|
(b)
Height limits shall not apply to any bulkhead,
elevator, water tank, or to any similar structure or necessary mechanical
appurtenance extending above the roof of any building if such structure
does not occupy more than 33% of the area of the roof.
(3)
In Park Industrial (PI), Transit-Oriented Development
(TOD) and Highway Business (HB) Zones, the maximum height permitted
is increased to 120 feet and the maximum number of stories permitted
is increased to eight, where the building is at least 400 feet from
the nearest R-B or R-C Zone, and at least 1,000 feet from the nearest
R-A, R-9, R-18, R-30, or R-40 Zone.
J.
Corner lots or through lots. Corner lots and through
lots shall be considered to have a front yard bordering on each street
line, and a side yard opposite each front yard. Where a lot fronts
on two nonintersecting streets, or two intersecting streets forming
an angle of 60° or less, front yards shall be provided on both
streets.
K.
Sight triangle.
(1)
For purposes of this subsection, "sight triangle area"
means the portion of a corner lot lying within a triangle area formed
by measuring from the vertex of that portion of the property line
adjacent to the intersecting street, to a point on each property line
running from the vertex equal to 20 feet in residential zoning districts
and five feet in nonresidential zoning districts, and then connecting
the two points thus established with a third line.
L.
Cul-de-sac lots. In the case of lots which have the
entire frontage on the bulb of a cul-de-sac, the minimum frontage
may be reduced to 50 feet, provided that the required minimum frontage
dimension for the applicable district is observed as the minimum lot
width at the required front yard setback.
M.
Open space percentage. "Open space" means the space
on a lot unoccupied by buildings, unobstructed to the sky by man-made
objects, not devoted to streets, driveways, off-street parking or
loading spaces. The open space percentage (Column (N) of Table 16-3,
below) refers to the minimum open space area expressed as a percentage
of total lot area.
Purpose: These districts implement the
following Master Plan recommendations:
| |
•
|
Protect the character of existing neighborhoods
through zoning regulation and enforcement.
|
A.
No application for development approval in the R-40, R-30, R-18, R-9, R-A, R-B, R-C Zoning Districts or residential uses in other districts shall be approved unless the proposed use and/or development conforms to the requirements of this article and a building permit is issued in accordance with Part 3. If subdivision and site plan approval are required the proposed development shall comply with the requirements of Parts 4 through 8.
[Amended 3-9-2021 by Ord. No. O-21-048]
B.
Only one principal structure shall be permitted on
a lot, except where otherwise provided by this chapter.
C.
All proposed uses shall comply with the sign regulations (Article X) regardless of whether a site plan is required.
[Amended 3-9-2021 by Ord. No. O-21-048]
D.
Specific residential district criteria. The following
standards apply to all residential districts: All two-family dwellings
(duplexes) shall be structures consisting either of two separate dwelling
units on separate floors or of two separate dwelling units connected
and separated by a common wall connecting living spaces, perpendicular
to the longest dimension of the structure, and having a common length
equal to at least: (i) 90% of the widest part of each structure measured
perpendicular to the longest dimension, if the longest dimensions
are parallel; or (ii) 90% of the widest part of one unit measured
perpendicular to the longest dimension, and 50% of the longest dimension
of the other unit, if the longest dimensions are perpendicular to
each other.
[Added 2-27-2007 by Ord. No. O-06-51]
E.
Driveways
for residential uses shall be subject to the following provisions:
[Added 3-9-2021 by Ord. No. O-21-048]
(1)
Driveways
where they meet the public right-of-way and continuing to the rear
line of the front yard setback shall be no more than 24 feet in width.
Such width may be divided between two approaches to the right-of-way
but no more than two. “Width” shall be measured along
a line generally perpendicular to the line of intended vehicular travel.
(2)
Driveways
shall be located a minimum of 50 feet from an intersection.
(3)
Driveways
crossing a sidewalk shall maintain and continue the sidewalk width
and cross slope (2% maximum). Sidewalk approaches shall be reconstructed
in kind as necessary to make smooth transitions to the driveway crossing.
Sidewalk width and grades at driveway crossings shall comply with
ADA standards.
(4)
Driveway
approach angle. The angle of the driveway approach shall be approximately
90° for two-way driveways and between 60° and 90° for
one-way driveways.
(5)
Driveways
shall be paved within the right of way and constructed per Division
of Public Works standards, including permitting and inspection requirements.
A.
Specific LB District criteria.
(1)
The following criteria shall be used (in addition to the general rezoning guidelines in § 190-132) in consideration of the placement of this district and the type and arrangement of uses within it.
(a)
Refuse enclosures within an LB District shall
be located at the rear of the site and screened with a wall and gate.
B.
Specific GB and HB District criteria. The following
standards apply to the GB and HB Zoning Districts:
(1)
The following criteria shall be used (in addition to the general rezoning guidelines in § 190-132) in consideration of the placement of this district and the type and arrangement of uses within it:
(a)
The district and its uses shall continue the
orderly development and concentration of business and commercial uses;
and
(b)
Pedestrian and vehicular conflicts shall be
minimized by an existing system of sidewalks and other pedestrian
amenities which provide connectivity to surrounding neighborhoods,
while providing adequate separation and channeling of pedestrian and
vehicular movements; and
(c)
GB and HB Districts shall be located along arterials
and arterial/arterial or arterial/collector intersections.
Purpose: This section implements the
following Master Plan recommendations:
| |
•
|
Provide a reasonable amount of space
for heavy industrial uses, provided they are environmentally sound
and do not detract from neighboring land uses.
|
•
|
Provide adequate zoning for industrial
park-type development.
|
•
|
Discourage or prohibit noxious industries
that create the potential for serious health or safety hazards.
|
•
|
Encourage attractive, landscaped, and
sensitively sited industrial development that is compatible with surrounding
land uses.
|
A.
Specific PI and AI District criteria. The following
standards apply to the PI and AI Zoning Districts:
(1)
Location criteria. The following criteria shall be used (in addition to the general rezoning guidelines in § 190-132) in consideration of the placement of this district and the type and arrangement of uses within it:
(a)
The district and its uses shall continue the
orderly development and concentration of industrial and manufacturing
uses; and
(b)
The land area shall be sufficient to maintain
compatibility with surrounding uses; and
(c)
All lots within a PI District shall have direct
access to arterial and/or collector streets.
(2)
Commercial uses. See § 190-15D(4).
Comment: In § 190-15, commercial uses designated with the superscript "1" are permitted only as part of a site plan in which at least 75% of the gross floor area is reserved for uses listed in the industrial and manufacturing category.
|
(3)
Additional site and building design criteria.
(a)
In addition to the dimensional standards of § 190-16, no buildings or other structures, including parking lots, shall be erected closer than 30 feet to any property line abutting any area developed or zoned as a residential zoning district.
(b)
All loading shall be from the rear or side of
the building, but not facing a public street.
(c)
Sidewalks consistent with the street improvement
standards shall link all principal buildings, or shall link the principal
building or buildings to off-site destinations, including retail,
shopping, or services (including day care, dry cleaners or grocery
stores).
(d)
All noises, vibrations, emissions of smoke,
dust, or gases shall be controlled so as not to be detrimental or
cause a nuisance to nearby residential or commercial areas in conformance
with the industrial performance standards of this chapter.
(e)
Applicants are encouraged to provide the following
site plan elements in order to create an office complex ambiance and
appearance to the industrial development:
[1]
Loading courts which are not visible from any
public street. Screening of these areas shall be provided by the principal
building; and
[2]
Entry courts and pedestrian plazas; and
[3]
Unique landscape features such as berming, fountains,
and sculpture gardens, particularly adjacent to the arterial street;
and
[4]
Covered or decked parking structures which appear
as an integrated part of the industrial building; and
[5]
Parking areas located to the rear of the principal
buildings or structures.
B.
Specific GI District criteria. The following standards
apply to the GI Zoning District:
(1)
Location criteria. The following criteria shall be used (in addition to the general rezoning criteria established in § 190-132) in consideration of the placement of this district and the type and arrangement of uses within it:
(a)
The district and its uses shall continue the
orderly development and concentration of industrial and manufacturing
uses; and
(b)
The land area shall be sufficient to maintain
compatibility with surrounding uses; and
(c)
GI Districts shall have direct access to arterials
and/or major collector streets. GI Districts shall not have direct
access to a local street. Secondary or emergency access may be from
a local street.
(2)
Additional site and building design criteria.
(a)
All driveways, parking areas, and pedestrianways shall be surfaced with an all-weather surface. Curbing shall be provided where required by the street design and transportation standards (Article XXX).
(b)
All delivery and freight-handling areas shall
be screened from view so as not to be visible from the boundary of
any property not zoned GI or from the public right-of-way.
Purpose: The Downtown Districts are
established:
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To promote the goals, objectives and
strategies adopted as part of the City's Master Plan and the Downtown
Master Plan.
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To protect the value and efficiency
of operation of surrounding properties.
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To maintain unique aesthetic, architectural
and visual amenities of individual buildings or cluster of buildings.
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To enable infill development to occur
in a manner that is compatible with the surrounding site environment
and neighborhood.
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To ensure that private development and
rehabilitation are compatible and coordinated with public investment
and improvements.
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To support new construction and adaptive
reuse of buildings through appropriate engineering, architectural
and design solutions.
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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.
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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.
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To promote development opportunities
that will eliminate blight and disinvestment.
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To introduce uses that will have positive
long-term social and economic impacts.
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To establish a complimentary and integrated
working, shopping and living environment.
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This section implements the following
Master Plan recommendations:
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Develop unified facade and signage standards
for commercial buildings in the downtown.
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Guide commercial and industrial development
to the existing built areas of the City and minimize development in
outlying, undeveloped areas.
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Encourage and support businesses that
reduce employee and product-related vehicle trips.
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In accordance with the Downtown Master
Plan, this section establishes two downtown districts. D-1 is the
traditional downtown core. It permits more intensive development coupled
with pedestrian-friendly design standards. D-3 is a predominantly
commercial area, with a more human scale and pedestrian-friendly design
standards.
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The illustrations throughout this section
serve as a guide and are not regulatory.
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A.
Generally.
(1)
Applicability. This Subsection A applies to any lot or parcel within a D-1 or D-3 District. Any site plan or building permit application submitted for a lot in or partly in a D-1 or D-3 District that involves the addition or enlargement of structures or any amendment to an approved site plan is subject to this section. This subsection applies whether the use is listed in the Use Matrix, or is allowed by variance, special exception, conditional use permit or other similar permission, or is a prior nonconforming use.
(2)
Standards applicable to D-1 and D-3 Districts.
(c)
Hard-surfaced exterior wall materials are required.
This can include brick, wood, brownstone, limestone, concrete masonry
units (CMUs), parged block, painted brick, stone, terra cotta, stucco,
EIFS, or plaster. Vinyl, plastic, metal, structural or unfinished
concrete, painted concrete blocks, and tinted or reflective glass
are not permitted as the primary exterior facade surface. However,
vinyl, wood, plastic or glass block may be used as accent elements
surrounding a doorway or window.
(3)
Procedures and alternative standards. In order to
provide flexibility while maintaining the character of built environment
in the downtown area, this section provides several alternatives for
development approval, as follows:
(a)
The applicant may conform to the standards established in this section for each district. (See Subsection B for D-1 or Subsection C for D-3.) If the application does not request a conditional use (see § 190-15), the applicant may proceed directly to building permit or certificate of occupancy approval without filing a site plan; or
(b)
As an alternative, the applicant may request an alternative standard. If the applicant chooses this alternative, the applicant must file a site plan with the Planning Board. The format for the site plan is prescribed in § 190-280. The procedures and standards for this alternative shall be as established in § 190-23D through F for the Mixed Use Overlay District. As part of the site plan approval, the Planning Board may modify any of the dimensional standards or design standards; or
(c)
An applicant may continue to elect to seek variances
from the Zoning Board of Adjustment.
B.
Downtown 1 (D-1).
Purpose: The D-1 Downtown District is
established:
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To promote the goals, objectives and
strategies adopted as part of the City's Downtown Master Plan along
Main Street between Nashua River and Hollis Street.
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To preserve and build upon "Walking
Main Street" and its walkable, vibrant, and safe character.
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To foster the mix of retail, offices,
and restaurants, working towards the goal of the "twenty-four-hour
city."
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(1)
Building height. A minimum height of two stories shall be required for all new structures (not including additions) even if the building contains only one functional story. The maximum height permitted in the district is six stories or 90 feet, excluding those features excluded from height limits by § 190-16.
(2)
Building design.
(a)
Buildings shall be oriented to the street. A
building is "oriented to the street" where all of the following apply:
[1]
A principal entrance to a building faces a street,
or is open to a square or plaza. All street-level uses with sidewalk
frontage shall be furnished with an individual entrance and direct
access to the sidewalk in addition to any other access that may be
provided.
[2]
Off-street parking does not lie between the
building's principal entrance and the street.
[3]
Pedestrian access from the public sidewalk,
street right-of-way or driveway to the principal structure is provided
through a hard surface.
(b)
The front facade of commercial buildings shall
be aligned with the finished grade of the street except as otherwise
provided herein.
(c)
The principal entry for a residential, civic
use or a civic building may include a stoop, portico, colonnade, or
a portal.
(3)
Building fenestration; storefronts and other uses.
(a)
This subsection applies to storefronts and any
use except to the conversion of a residential building to a commercial
use.
(b)
Facades facing or visible from a public street
shall include at least four of the following elements:
[1]
A pediment.
[2]
A cornice adjoining the top of the roof or top
of the facade.
[3]
Windows in each story above the ground level.
Individual window openings shall not exceed four feet horizontally
and eight feet vertically. Circular, semicircular and octagonal windows
are permitted.
[4]
Architectural treatment to articulate the middle
of any two-story building, or the first and second floors of a building
exceeding two stories, including molding, a canopy, a transom, or
similar elements.
(c)
Between 60% to 90% of the length, and at least
50% of the surface, of the first floor street frontage shall be in
transparent public entrances or windows (including retail display
windows). Between 10% to 50% of the surface of the front facade for
each floor above the first floor street frontage shall be in transparent
windows. At least one public entrance, such as a doorway, shall be
accessible from the sidewalk. No windows or openings of storefronts
shall utilize a mirrored reflective film. Films allowing light to
pass through but blocking ultraviolet light are permitted. The intent
is that interior displays will be visible from the right-of-way.
(d)
Building frontages that face public streets
and exceed a width of 20 feet must include vertical piers or other
vertical visual elements to break the plane of the building frontage.
Such vertical piers or vertical elements must be spaced at intervals
of 15 feet to 35 feet along the entire building frontage. Vertical
visual elements may include entryways, windows, columns, colonnades,
or other form of modular fenestration.
(e)
Doors may be recessed into the face of the building
to provide a sense of entry and to add variety to the streetscape.
The ground surface of an entryway shall not be less than 15 square
feet. Door openings shall not exceed six feet horizontally and 10
feet vertically. Overhead doors for loading docks, delivery and distribution
shall be permitted only on the rear of the building.
(f)
Roofs shall not mask or obscure the architectural
features of the front facade such as pediments or cornices.
(4)
Canopies, arcades and awnings. Canopies, arcades,
awnings, and similar appurtenances may be constructed over the entrance
to any building, and/or over windows subject to the following criteria.
Canopies, awnings and similar appurtenances are encouraged at the
entrances to buildings and in open space areas. Such features may
be constructed of rigid or flexible material designed to complement
the streetscape of the area. Such features shall not obscure the upper
stories or a sign panel located above the first floor. Any such facility
may extend from the building to within two feet of the back of the
curb. Vertical supports for such features are not allowed in the public
right-of-way. No canopy shall extend into the public right-of-way
unless any encroachment permit or agreement required by the City and
state has been approved and issued.
(5)
Access standards. Driveways with ingress and egress
onto alleys are preferred. No new driveways are permitted on a collector
or arterial street, except as provided for parking entrances.
(7)
Lighting. Lighting is not subject to Article IX, Lighting. Lighting shall be installed above front entrances to buildings located in the D-1 District. All lighting shall be directed on site or onto adjacent walkways and shall be shielded from direct off-site viewing.
(8)
Off-street parking requirements.
(a)
Parking ratios. No minimum number of off-street
parking spaces is required.
(b)
Location. No off-street parking (whether it
is a principal or an accessory use) is permitted between a principal
structure and the street. Surface parking areas shall not adjoin a
street, but may adjoin an alley. Surface parking shall be located
to the rear of buildings.
(c)
Entrances. One opening or entrance to a parking
area is permitted per block face adjoining a public street. There
is no limit on the number of opening or access points for that portion
of lots or parcels adjoining an alley. The opening or entrance shall
not exceed 36 feet in width. No opening that requires an access from
the public right-of-way that reduces on-street parking is permitted
except for parking areas that are reserved for use by the general
public.
(d)
Loading docks. Loading/unloading docks or designated
loading areas shall be located only in the rear or side yard.
(e)
Surface. Parking areas shall have a paved surface
or a hard surface. Ground surface areas not covered with a paved surface
or a hard surface shall be restricted from parking by signage and
curbing, fencing, or other physical barriers.
(9)
Utilities and trash receptacles. See § 190-182, Screening of service or storage areas. In addition:
(a)
All new transformer vaults, utility structures,
air vents, backflow preventers, or any other similar devices, except
these facilities when located below grade, must be located behind
the front setback or the front facade, whichever is furthest from
the front property line.
(b)
All roof-mounted equipment, including satellite
dishes and other communication equipment, shall be screened so as
not to be visible from any public right-of-way by a parapet or similar
structure that is similar to the architectural style of exterior elevation
of the principal building.
C.
Downtown District (D-3).
Purpose: The D-3 Downtown District is
established:
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To promote the goals, objectives and
strategies adopted as part of the City's Downtown Master Plan along
Main Street between Otterson Street and Salmon Brook.
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To concentrate Downtown's retail growth
potential in a second retail node along Main Street South.
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To create mixed-use buildings with mandatory,
traditional storefronts oriented toward Main Street with retail uses
at the ground floor.
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To support existing and proposed infrastructure
investments such as broad sidewalks, street trees, and on-street parking
with awnings, and active storefronts to create a vibrant pedestrian-oriented
retail node.
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Source: Urban Design Associates
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Source: Urban Design Associates
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(1)
Permitted uses. Dwelling units are permitted above
the first floor of any building with commercial and/or retail uses
on the first floor.
(2)
General standards and building form. Buildings, lots and parcels shall conform to the standards established subsection § 190-20B(2) through (9) above.
(3)
Circulation.
(a)
Sidewalks shall be provided by the individual
developers and property owners. All sidewalks shall connect to the
existing/proposed sidewalks, parking areas, buildings, and public
spaces. Public sidewalks shall be a minimum of six feet wide. The
applicant may grant an easement to the City for the sidewalk and a
planting area between the sidewalk and the paved section of the street.
(b)
Pedestrian walkways shall be provided mid-blocks
and between properties, connecting the sidewalks in front of the building
with the parking behind the building. Walkways can be either interior
to a building or exterior. Lighting shall be provided for pedestrian
safety. Amenities such as seating and planters should be provided
in or at the entrance to alleys to encourage pedestrian circulation.
The walkways shall be a minimum of four feet wide. The maximum side
setback is waived to the extent needed to accommodate a pedestrian
walkway.