A.
Permitted uses.
[Amended 3-18-2003; 7-19-2013; 8-6-2015; 6-21-2019; 2-27-2020]
(1)
Permitted uses.
(a)
The following types of uses shall be permitted:
[1]
Aeroponics.
[2]
Agritourism.
[3]
Aquaponics.
[4]
Automobile repair.
[5]
Automobile and similar vehicle sales.
[6]
Automobile service station.
[7]
Bank.
[8]
Brewery.
[9]
Brew pub.
[10]
Bus depot/sale of travel accommodations.
[11]
Commercial performing fine arts schools and studios.
[12]
Commercial service establishment.
[13]
Contractor.
[14]
Day care.
[15]
Drive-in restaurant.
[16]
Essential services facility.
[17]
Filling station.
[18]
Health service facility.
[19]
Home occupations.
[20]
Hospital.
[21]
Hotel.
[22]
Hydroponic agriculture.
[23]
Inn.
[24]
Indoor commercial recreational facility.
[25]
Indoor farming.
[26]
Library.
[27]
Light industry.
[28]
Light manufacturing.
[29]
Manufacturing.
[30]
Medical office.
[31]
Microbrewery.
[32]
Office.
[33]
Professional office.
[34]
Any public use or use by a semipublic agency for
which the activities are primarily nonprofit in nature.
[35]
Public/Private educational facility.
[36]
Radio broadcasting and receiving stations, excluding
wireless communication towers.
[37]
Research and development laboratory.
[38]
Restaurant.
[39]
Retail sales establishment.
[41]
Sports wagering.
[42]
Single-family dwelling units existing as of the
effective date of this amendment (July 19, 2013) shall be considered
legal permitted uses.
B.
C.
Buffer zones shall be established in accordance with the provisions of Chapter 170, Land Development Control Regulations.
[Amended 5-21-2019, effective 6-21-2019]
D.
Sexually oriented businesses are permitted in the General Commercial District. Sexually oriented business shall comply with and shall satisfy all restrictions in § 165-27.
[Amended 5-21-2019, effective 6-21-2019]
E.
Wireless communications facilities are a prohibited use in the General
Commercial District.
[Amended 5-21-2019, effective 6-21-2019]
F.
Conditional use permit. The Planning Board, upon receiving
a completed application under the terms of this section, and upon
making findings of fact as stipulated and required herein, shall grant
a conditional use permit for certain nonresidential uses within the
GC District, subject to the terms, conditions and restrictions of
this section.
[Added 10-21-2003, effective 11-21-2003]
(2)
Required conditions for issuance of conditional use permit. The Planning Board shall issue a conditional use permit for any of the uses listed in Subsection F(1), subject to the terms, conditions and restrictions of this section, if the Board shall find all of the following to be true:
(a)
The proposed use provides reasonable architectural
and landscape features that in the opinion of the Board will not devalue
abutting properties. Any architectural design regulations that may
from time to time be adopted by the Derry Planning Board and incorporated
into the Land Development Control Regulations shall be applicable
as additional requirements for any conditional use permit issued under
the terms of this section.
(b)
The proposed use will not cause an undue or
unmitigated impact upon its surrounding neighborhood in terms of pedestrian
or vehicular traffic, unusual noise, or excessive light levels, based
on the design standards and existing or proposed capacity of public
and private infrastructure servicing the neighborhood and the proposed
use, such as roadways, access drives, traffic signage and signalization,
sidewalks, water and sewer.
[Amended 6-5-2007; effective 7-5-2007]
(c)
The proposed use complies with those site plan
requirements for uses allowed in the GC District.
(d)
The proposed use augments and complements the
other permitted uses within the neighborhood and the GC District.
(e)
The proposed location and size of the proposed
use within the GC District would not be essentially incompatible with
the neighborhood and be more advantageous and practicable in one area
of the GC District than in all areas of the GC District.
(3)
Duration. All conditional use permits issued pursuant
to the provisions of this section shall “run with the use”
and not be subject to revocation unless:
(4)
Conditions and restrictions. The following general
rules apply to the granting of a conditional use permit:
(a)
Any conditional use permitted under the provisions
of this section shall be subject to all restrictions and requirements
of the GC District.
(b)
All storage of property shall be within an enclosed
building.
(c)
No on-site repair of vehicles or other machinery
stored in the facility may be conducted.
(d)
The facility may not be used as a transfer and
storage business where vehicles are a part of the business.
(e)
In approving a conditional use permit, the Planning
Board may impose conditions and/or restrictions on the use consistent
with the unique characteristics of the neighborhood and its environment.
(5)
Application. Applicants shall be required to submit
an application for a conditional use permit in such detail as may
be set forth in regulations established by the Planning Board.
[Added 6-15-2004]
A.
Purpose: to encourage those uses that best fit the
infrastructure and land within said district and will provide a potential
to increase Derry's commercial tax base and provide employment opportunities
to Derry residents.
B.
Permitted uses. The following uses are allowed in
the GC-II District:
(1)
Professional office of 5,000 gross square feet
(gsf) or greater with multiple occupants or at least 2,500 gsf with
a single occupant, or with no minimum gsf on lots of record in existence
as of the adoption of this section that have a land area less than
the area requirements imposed by this section.
(2)
Natural expansion of valid preexisting nonconforming uses (VPENCU), existing as of the adoption of this section, as provided in Article XIII of this chapter, by NH state statues, and by relevant case law.
(3)
Hotel and/or conference center.
(4)
Full-service restaurants. Drive-through service
shall not be permitted as part of this use.
(5)
Retail sales of 5,000 gross square feet (gsf)
or greater that may be divided into smaller individual retail establishments,
or with no minimum gsf on lots of record in existence as of the adoption
of this section that have a land area less than the area requirements
imposed by this section. Drive-through service shall not be permitted
as part of this use.
(6)
Pharmacy, including drive-through service.
(7)
Filling station for the sale of gasoline and
accessory uses. This includes a mini-mart and/or sale of food items.
No additional stations shall be allowed within 1,000 feet of an existing
or proposed station.
(8)
Bank of 1,500 gross square feet (gsf) or greater,
which may include drive-through service.
(9)
Wholesale sales of 2,500 gross square feet (gsf)
or greater, or with no minimum gsf on lots of record in existence
as of the adoption of this section that have a land area less than
the area requirements imposed by this section, which may include retail
sales and contract installation or construction as accessory uses.
Drive-through service shall not be permitted as part of this use.
(10)
Retail sales or leases of new automobiles and
trucks of 2,500 gross square feet (gsf) or greater, which may include
any of the following as accessory uses: wholesale sales of new automobiles
and trucks, retail and/or wholesale sale of used automobiles and trucks
or servicing and repair of automobiles and trucks.
(11)
Medical office.
[Added 10-18-2018]
(12)
Health service facility.
[Added 10-18-2018]
C.
D.
Buffers. Buffer zones shall be established in accordance with the provisions of Chapter 170, the Land Development Control Regulations.
[Added 1-7-2011]
Purpose: to protect and preserve the character of the neighborhood
in the vicinity of a historic site, there is established a General
Commercial III District which limits and regulates the uses, size,
height and architecture of structures in the zone so as to complement
this historic site.
A.
Permitted uses. The following uses are allowed in the GC-III District:
(1)
Professional office of 5,000 gross square feet (GSF) or greater
with multiple occupants or at least 2,500 GSF with a single occupant.
(2)
Full-service restaurants. Drive-through service shall not be
permitted as part of this use.
(3)
Retail store of 5,000 gross square feet (GSF) or less. A structure
may be divided into smaller individual retail establishments so long
as the total GSF is 5,000 or less.
(4)
Pharmacy. Drive-through service shall be limited to one drive-through
window.
(5)
Bank of 1,500 gross square feet (GSF) or greater. Drive-through
service shall be limited to one drive-through window.
B.
C.
Buffers. Buffer zones shall be established in accordance with the provisions of Chapter 170, Land Development Control Regulations except that where existing natural vegetation screening exceeds the buffer zone requirements under Chapter 170, Land Development Control Regulations for the buffered area, the existing natural vegetation may remain.
D.
Additional requirements.
(1)
Architecture shall be complementary with the historic site and shall be subject to the architectural design regulations contained within Chapter 170, Land Development Control Regulations.
F.
For the purpose of this zone, an "historic site" shall be defined
as a site listed on the National or State Historic Register.
[Added 7-7-2015, effective 8-6-2015]
A.
Permitted uses.
(1)
The following types of uses shall be permitted:
[Amended 2-27-2020]
|
Agriculture
| |
|
Assisted living facility
| |
|
Automobile and similar vehicle sales
| |
|
Automobile repair
| |
|
Automobile service station
| |
|
Bank
| |
|
Commercial performing and fine arts schools and studios
| |
|
Commercial service establishment
| |
|
Conference center
| |
|
Day care
| |
|
Essential services facility
| |
|
Filling station
| |
|
Home occupation
| |
|
Hospital
| |
|
Hotel
| |
|
Indoor commercial recreational facility
| |
|
Inn
| |
|
Light industry
| |
|
Manufacturing
| |
|
Movie and recording studios
| |
|
Nursing home
| |
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Professional office
| |
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Public/private educational facility (trade school)
| |
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Publishing
| |
|
Radio broadcasting, excluding wireless communication towers
| |
|
Research and development facility/research lab
| |
|
Restaurant
| |
|
Restaurant, drive-in
| |
|
Retail sales establishment
| |
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Sports wagering
| |
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Television broadcasting
| |
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Transportation center (bus depot)
| |
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Warehouse
| |
|
No use described in § 165-32.3A(1) shall be construed or interpreted to allow sexually oriented businesses in the General Commercial IV District except as provided in Subsection D.
|
(2)
Single-family dwelling units existing as of July 19, 2013, shall
be considered legal, permitted uses.
[Added 9-13-2019]
A.
Purpose: to retain the unique character that differs from the other
commercial districts within the Town of Derry, given the district's
location in the historic West Running Brook area. It is intended the
character of the area be retained through judicial use of strict architectural
design regulations and lot sizing requirements. The district encourages
a mix of land uses, including residential, small scale retail/commercial,
recreation and conservation in close proximity to one another in a
neighborhood. This preserves the working landscape and protects environmental
resources.
B.
Permitted uses:
(1)
Bank.
(2)
Commercial performing and fine arts schools and studios.
(3)
Conference center.
(4)
Day care.
(5)
Hotel.
(6)
Inn.
(7)
Indoor commercial recreation.
(8)
Manufacturing.
(9)
Medical office.
(10)
Movie and recording studios.
(12)
Professional office.
(13)
Publishing.
(14)
Restaurant.
(15)
Retail sales establishment.
(16)
Warehouse - only as an accessory use, not to exceed 5,000 square
feet in size.
(17)
Manufactured housing units in existence as of September 13,
2019, shall be considered legal, permitted uses. No additional manufactured
housing units are allowed after this date.
(18)
Retail uses, professional offices, and personal or professional
services in one-and-one-half-story buildings of 1,500 square feet
or less, and up to 5,000 square feet when in buildings of two or more
stories. Buildings in this type of area may contain other compatible
uses, such as civic and institutional uses of community importance,
specifically including second-floor residential uses.
(19)
Natural expansion of valid preexisting, nonconforming uses existing as of the adoption of this amendment, September 13, 2019, as provided in Article XIII of this chapter, by New Hampshire State statutes, and by relevant case law.
(20)
Any use not listed in this section is deemed prohibited and
cannot be permitted without a variance from the Zoning Board of Adjustment.
The Zoning Board of Adjustment, before considering any application
for a variance under this section, shall refer such application to
the Planning Board to seek the Board's advice and comment as to the
suitability of the use for the lot in question, taking into consideration
the effect of the variance upon the character of the zoning district
and any other pertinent data in respect to the Master Plan. The Zoning
Board of Adjustment may also request such further information that
it deems the Planning Board could supply. The Planning Board's advice,
comment, and report on any further requested information shall in
all cases be considered informational and nonbinding on the decision
of the Zoning Board of Adjustment. The Planning Board's advice and
comments shall be delivered to the Zoning Board of Adjustment, in
writing, within 30 days of such referral.
C.
Area and dimensional requirements.
(1)
Minimum lot area: none.
(2)
Minimum frontage requirement: 50 feet.
(3)
Minimum yard depths: Front, side, and rear yard depths shall
be as agreed upon by the Planning Board and the applicant. In no case
shall the setback be less than 10 feet. Building setbacks to structures
on an adjacent lot shall be a minimum distance of 30 feet.
(4)
Maximum building height: The Planning Board will determine the
height restriction based on the scale of the development and the topography
of the land. The intent is to maintain the character of the district
and to not have buildings that are excessively taller than those in
the district.
(5)
Flag lots are not permitted.
D.
Buffer zones shall be established in accordance with the provisions of Chapter 170, Land Development Control Regulations. Any development adjacent to the Robert Frost Farm shall be required to retain a fifty-foot naturally vegetated buffer along the property line. This buffer may be augmented by additional plantings based upon the uses in the development as determined by the Planning Board so as to best protect the historic character of the farm.
E.
The Planning Board shall determine whether the proposed development
is appropriate for the area by considering the following additional
factors:
(1)
Preexisting development near the proposed site.
(2)
Environmental resources that may be detrimentally impacted by
the development.
(3)
Consistency with the development of the Master Plan.
(4)
Consistency with the architectural design regulations specific
to this district.
(5)
Any other relevant factors to protect the health, safety, and
welfare of Town residents.
F.
Developments in this district are allowed by conditional use permit.
G.
Residential/nonresidential phasing. In approving a development in
this district, the Planning Board shall ensure by approval of a condition,
phasing schedule, or other measure that the nonresidential portions
of the development are occupied in accordance with a schedule that
relates occupancy of such nonresidential portions of the development
to the completion of a specified percentage or specified number of
phases or sections of the residential portions.
H.
Dimensional standards/density determinations.
(1)
Housing. The Planning Board shall determine the allowable number
of dwelling units on a case-by-case basis, and based upon the scope
of the overall project, in order to provide enough dwelling units
in the development to support the accompanying small-scale retail,
and to allow the Town to better plan for and provide for the increase
in local services that accompanies population growth within a town.
(2)
Density determination. The average density shall vary dependent
upon soil conditions, water and sewer connections, wetlands, topography,
and other features of the land. In no case shall the average density
be lower than that of a conventional subdivision found in the Low
Density Residential District.
(3)
Density bonus. A density bonus of one unit per five acres shall
be granted where applicants provide for full public access to community
amenities, such as trails, ballfields or playgrounds. The Board may
grant other density bonuses based on provisions of market-rate housing,
protection of sensitive environmental resources, or the provision
of other amenities.
I.
Design standards for all areas.
(1)
Overall form and spatial relationships.
(a)
Overall form. Areas of new construction shall be sited so as
to best preserve natural vistas and existing topography.
[1]
In all areas, peripheral greenbelt open space shall
be designed to follow the natural features whenever possible and to
maintain an agricultural, woodland, or countryside character.
[2]
The village shall be distinguished from the peripheral,
greenbelt open space by a well-defined line or edge so that developed
areas will transition very quickly to rural, undeveloped lands.
(b)
Village layout.
[1]
Overall layout. Villages shall be designed in a
pattern of interconnecting streets and alleys, defined by buildings,
street furniture, landscaping, pedestrianways, and sidewalks. The
layout should be suited to the existing topography and other natural
features of the area to minimize cut and fill and grading throughout
the site.
[2]
Pedestrian connections. No less than one eight-foot
pedestrian alley or way must be provided for every 250 feet of street
frontage in retail areas, connecting with rear parking lots.
[3]
Building orientation. Houses shall be oriented
to maximize passive solar energy, natural shade and windbreaks, and
to orient rooms, such as kitchens and bedrooms, based on light and
heat requirements at different times of the day. The use of energy-efficient
appliances and materials is encouraged.
(2)
Street and sidewalk network.
(a)
Sidewalks. Sidewalks are required along all road frontages of
new development. The width of the sidewalk shall be consistent with
the prevailing pattern in the immediate neighborhood, provided that
no new sidewalk shall be less than four feet wide.
(b)
Curbs. Where curbing is used, it shall be granite curbing for
durability.
(c)
Overall street layout. Each development should have at least
two points of entry and egress and should be connected to other existing
streets to provide for the future extension of the community's street
network, whenever possible. Main roads should not cut through the
center of the development, but instead should provide access to secondary
roads that begin at the periphery of the street layout.
(d)
Culs-de-sac. Culs-de-sac are prohibited, unless conducive to
a harmonious village pattern due to topographic constraints.
(e)
Traffic calming. In order to calm traffic speeds and to provide
for pedestrian safety, the use of "T" intersections, small roundabouts,
and four-way stops shall be used.
(4)
Streetscape.
(a)
Trees. Any new development must be accompanied by a landscape
plan that will address the location, suitability, and species of trees,
shrubs, or other plantings within the development. In new developments,
street trees shall be planted every 50 linear feet of street right-of-way.
Street trees shall be planted not closer than 25 feet to one another.
(b)
Buffer zones. The Planning Board will recommend a buffer zone
on a per-project basis during the conceptual phase. The Planning Board
may utilize LDCR Section 170 when determining buffering to protect
abutting residential uses.
[Amended 6-18-2022]
(c)
Public space. Each retail area shall contain one or more public
spaces, such as a green, pocket park, gazebo, or picnic area. These
spaces should be designed to encourage community interaction.
(d)
Lighting. Lighting shall be provided in all developed areas,
both commercial and residential.
J.
Multifamily dwelling requirements.
(1)
Must be part of a mixed use development.
(2)
Multifamily dwellings are limited to one- and two-bedroom units.
(3)
The maximum number of dwelling units allowed per building will
depend upon factors, including, but not limited to, density considerations
for the lot, the number of buildings being proposed for the lot, and
whether the proposal will be consistent with the purpose of this section
and the overall character of the surrounding area within the zoning
district.
K.
Application process.
(1)
The applicant shall request an informal consultation with the
Planning Board, pursuant to RSA 676:4, 11(a), to discuss the proposal
and preliminary concepts associated with the proposed development
and provide the Board an opportunity to provide its input prior to
full engineering design of the project.
(2)
Following consultation with the Planning Board, the applicant
shall submit the project to the Technical Review Committee (TRC) process.
(3)
No project shall be accepted for final application to the Planning
Board without conceptual consultation and TRC review of the plan.
[Amended 10-21-2003; 6-16-2015, effective 7-16-2015; 4-2-2019, effective 5-2-2019]
A.
Purpose. The Central Business District is established for the purpose
of encouraging appropriate uses to occur within an area of the community
where the predominant character has been and will continue to be historical,
municipal, cultural, residential, and commercial. It is intended that
the types of land use activities that would be allowed within the
district would not have a severe detrimental impact on existing historical,
residential uses, or traditional commercial, or cultural uses which
continue to be maintained in the district. In order to promote this
purpose the Planning Board as set forth in this section shall be authorized
to adopt architectural design regulations for this district.
B.
Permitted uses. The following uses shall be permitted:
(1)
Single-family dwelling units existing as of July 16, 2015, shall
be considered legal permitted uses.
(2)
Hotels.
(3)
Bed-and-breakfasts.
(4)
Inns.
(5)
Multiunit residential uses are only permitted as a mixed use in conjunction
with permitted nonresidential uses, subject to the following limitations:
(a)
New construction: the density shall not exceed 12 dwelling units
per acre.
(c)
Conversion.
[1]
Existing structures may be converted for multi-unit residential
uses, provided that the lot and the structure meet the minimum standards
for this district with respect to area and dimensional requirements,
buffer zones, off-street parking and height limitations.
[2]
Any conversion which involves an existing nonresidential or multi-family use, or one which would result in the creation of a combination of nonresidential and residential use, or which would result in the creation of a multi-unit dwelling, shall be subject to review and approval by the Planning Board in accordance with § 165-16 of this chapter and Chapter 170, Land Development Control Regulations.
(6)
Retail sales establishment.
(7)
Pharmacy.
(8)
Banks.
(9)
Transporation center.
(10)
Travel agent.
(11)
Commercial service establishments.
(12)
Contractor.
(13)
Indoor recreational facility.
(14)
Commercial performing and fine arts schools and studios.
(15)
Professional office.
(16)
Office.
(17)
Restaurant.
(18)
Library.
(19)
Public/private educational facility.
(20)
Radio and television broadcasting studios exclusive of transmitter
facilities (upper levels only).
(21)
Home occupations (located in single family dwellings existing
as July 16, 2015).
(22)
Parking facilities.
(23)
Light manfacturing.
C.
Area and dimensional requirements.
(2)
Minimum frontage requirement: 50 feet.
(3)
Minimum lot width: 50 feet at the ten-foot setback line.
(6)
Maximum building or structure height. No building or structure within
this district shall be higher than 350 feet above sea level in elevation.
(7)
Lots existing as of July 16, 2015, regardless of area or frontage,
are considered buildable lots provided all other applicable requirements
are met.
D.
Review. Any change from residential to a nonresidential use of a lot or structure, whether in whole or in part shall be subject to review and approval by the Planning Board in accordance with § 165-16 of this chapter and Chapter 170, Land Development Control Regulations, whether or not such development change or expansion includes a subdivision or resubdivision of the site. Any change in use from one permitted use to another more intense permitted use may be subject to review by the Planning Board, based on the determination of the Planning Director or designee. The Planning Board is authorized to adopt architectural design regulations for this district pursuant to RSA 674:16,I and II, 674:21,I, and 674:44,II. If such architectural design regulations are adopted, they shall be incorporated in Chapter 170, Land Development Control Regulations.
E.
Buffer zones. Where a nonresidential use in this district abuts a residential district, a buffer zone shall be established to help diminish the effects of the nonresidential use on the abutting residential district. The buffer zone shall be as provided in Chapter 170, Land Development Control Regulations.
F.
Prohibited uses.
(1)
Any use of land, building, structure, or equipment which would be
injurious, noxious or offensive by way of the creation of adverse
traffic impacts or conditions, odors, fumes, smoke, dust, vibration,
noise or other objectionable features, or hazardous to the community
on account of fire or explosion or any other cause shall be prohibited
in this district.
H.
Special exception uses. A special exception may be granted by the
Zoning Board of Adjustment (ZBA), pursuant to RSA 674:33, IV, to owners
of parcels of land in the Central Business District (CBD) for land
uses listed in this subsection, as provided herein. In granting such
a special exception, the ZBA must find that all of the required conditions
listed in this subsection have been met. The ZBA may attach conditions
to any special exception granted under this subsection that the ZBA
deems necessary for conformance to the intent of this section or to
alleviate impacts to abutters or to the neighborhood.
(2)
Mixed uses. Uses permitted by special exception, as provided in Subsection H(1), shall not be as a mixed use in conjunction with any other permitted use or other use by special exception.
(3)
Required conditions for special exception. In granting a special exception under the terms of this Subsection H, the ZBA must find all the following to be true:
(b)
The proposed use provides employment opportunities in the CBD.
(c)
The proposed use does not adversely impact the goals and objectives of the CBD, as stipulated in Subsection A.
(d)
The proposed use makes a positive contribution to a diverse,
viable, mixed-use urban center, and will substantially further the
economic viability of the district, without negatively impacting the
surrounding properties.
(e)
The structures, facilities, appurtenances and curtilage of the
proposed use will substantially contribute to the streetscape and
visual appearance of a traditional New England mill town, including
appropriate architecture and landscaping. In seeking a special exception,
the applicant must demonstrate that the use will substantially revitalize
and improve existing structures, or that new structures will be architecturally
compatible with the neighborhood in which they are proposed.
(g)
The proposed use will not impair the integrity of or be out
of character with, the district or immediate neighborhood in which
it is located, nor be detrimental to the health, safety or welfare
of the residents of the Town.
(4)
Duration of special exception. Special exceptions granted under this
section shall run with the use and shall be transferable from one
owner to another, subject to the following conditions:
A.
Purpose. The Office/Business District is established
for the purpose of permitting appropriate uses to occur within an
area of the community where the predominant character has been, and
will possibly continue to be, subject to change as a result of the
growth which has affected the Town as a whole and as a result of the
influence exerted by the increased traffic volume on West Broadway.
It is intended that the types of land use activities which would be
allowed within this district should not greatly aggravate an already
serious traffic problem on West Broadway, nor should they have a severe
detrimental impact on the existing residential uses which may continue
to be maintained in the district. For these reasons, certain prohibitions,
restrictions, limitations, and requirements are deemed to be necessary
and appropriate.
B.
Permitted uses. Land use activities permitted within this district
shall be limited to the following and, further, shall be subject to
such other limitations as are specified herein:
[Amended 12-21-2004; 10-17-2019]
(1)
Bank.
(2)
Bed-and-breakfast.
(3)
Brewpub.
(4)
Commercial performing fine arts school and studio.
(5)
Commercial service establishment.
(6)
Day care.
(7)
Dwelling, multi-family as per § 165-49B(1).
(8)
Dwelling, single-family detached.
(9)
Home occupation/business.
(10)
Industrial establishment, light.
(11)
Laboratory (medical/dental).
(12)
Laboratory, research, experimental, testing.
(13)
Medical office.
(14)
Microbrewery.
(15)
Multi-unit commercial establishment.
(16)
Office.
(17)
Professional office.
(18)
Research and development facility.
(19)
Research lab.
(20)
Restaurant.
C.
Prohibited uses. Land use activities which are not specifically listed
are considered prohibited within this district.
[Amended 10-17-2019]
D.
Other allowable use. Retail business uses may be allowed, provided that the floor area devoted to such use does not exceed 5,000 square feet. Parking shall be as required pursuant to Subsection G.
[Amended 12-21-2004; 10-17-2019]
E.
Limitations. The following limitations shall apply
to the conversion of existing residential structures and to the construction
of new nonresidential structures within this district:
(1)
Conversion of existing structures. Existing residential
structures may be converted to a permitted nonresidential use provided
that:
[Amended 12-21-2004]
(2)
New construction. If an existing residential structure
is removed, in whole or in part, or if a vacant parcel is developed
for the purpose of establishing a permitted nonresidential use, the
following requirements shall apply:
(a)
(b)
New structures, and additions to existing structures
shall be designed and constructed so that their architectural appearance,
scale, proportion and material will blend with the existing residential
character of the district. Consideration should be given to each of
the following:
[Amended 10-21-2005]
F.
Plan review. Any change from a residential to a nonresidential use of a lot or structure, whether in whole or in part, or the development or change or expansion of the use of a lot or structure for nonresidential uses shall be subject to review and approval by the Planning Board in accordance with Chapter 170, Land Development Control Regulations. [The Planning Board is authorized to adopt Architectural Design Regulations for this district pursuant to RSA 674:16, I, and 674:44, II. If such architectural design regulations are adopted, they shall be incorporated in Chapter 170, Land Development Control Regulations (LDCR) whether or not such development, change or expansion includes a subdivision or resubdivision of the site.]
[Amended 12-21-2004]
G.
Parking.
[Amended 12-21-2004; 10-17-2019]
(1)
General provisions.
(a)
Residential use and multi-unit residential. Off-street parking shall be provided on the basis of one space per bedroom, with a minimum of three spaces being required per dwelling unit. Parking shall be located at the rear of the building, or as otherwise provided in Chapter 170, Land Development Control Regulations;
(b)
Nonresidential use. Off-street parking shall be provided in accordance with Chapter 170, Land Development Control Regulations;
(c)
All off-street parking areas shall be provided in such a way
that no vehicle will be required or will be likely to back into the
street or into the lot;
(2)
No off-street parking will be allowed on the lot any closer than
25 feet from the street right-of-way line.
H.
Buffer zone. Where a nonresidential use in this district
abuts a residential use in this district, or abuts a residential district,
a buffer zone shall be established to help diminish the effects of
the nonresidential use on the abutting residential use or residential
district. The characteristics of the buffer zone shall be as follows:
[Amended 11-1-2005]
(1)
It shall have a minimum width of 10 feet, being parallel
to and running the entire length of the nonresidential use property
line, or as required by the Planning Board.
(2)
It shall be planted with a single row of evergreen-type
trees or shrubs which, at the time of planting, shall have a minimum
height of six feet. Said trees or shrubs shall also be maintained
at a height of at least six feet.
(3)
The spacing of said trees or shrubs shall be such
that they will create a dense screening at the time of planting.
(4)
When the existing trees and understory vegetation in the buffer zone are sufficiently dense so as to provide screening at least as effective as the minimum plantings specified in Subsection H(2) and (3), above, the Planning Board may opt to require the maintenance of the existing vegetative buffer in lieu of cutting it down to accommodate new plantings, or may opt to require a combination of new plantings and existing vegetative buffer.
(5)
Landscaping of the buffer zone shall be approved by
the Planning Board.
I.
Maximum lot coverage. Lot coverage by principal and
accessory uses, structures and buildings, including parking areas,
shall, in the aggregate, not exceed 85% of the lot area.
[Amended 10-17-2019]
J.
Curb cut. There shall be allowed only one curb cut
per lot on West Broadway. Said curb cut shall not exceed 20 feet in
width.
K.
Conforming and nonconforming lots and structures and
nonconforming uses.
(1)
All existing lots within this district, having structures thereon, shall be considered to be legally conforming lots until such time as the structures are either removed or damaged by storm or fire to the extent that the replacement or repair cost exceeds 50% of the original structure's assessed valuation; then such lots shall be considered to be nonconforming lots unless they meet the lot area and frontage requirements cited in Subsection E(2)(a) of this section.
(2)
Existing nonconforming structures may continue to be used for legally permitted purposes until such time as they are either removed or damaged as described in Subsection K(1); then such structures may only be replaced in accordance with the requirements of this section, other pertinent provisions of this chapter, and in accordance with Chapter 170, Land Development Control Regulations.
(3)
Existing nonconforming structures and nonconforming
lots and uses shall not be rendered more nonconforming.
(4)
All existing nonconforming uses which legally existed
on August 2, 1991, may continue until such time as they are discontinued
for a period of 12 consecutive months; then they may be replaced only
by a permitted use.[2]
[2]
Editor's Note: Former Subsection L, Signs, which immediately
followed this subsection, was repealed 1-7-2014, which ordinance also
redesignated former Subsection M as Subsection L.
A.
Purpose. The Office/Medical/Business District is established
for the purpose of encouraging appropriate uses to occur within an
area of the community where the predominant character has been, and
will continue to be, influenced by Parkland Medical Center and ancillary
health-care-related uses. It is intended that the types of land use
activities which would be allowed within this district will not have
a severe detrimental impact on the existing residential uses which
may continue to be maintained in the district. For these reasons,
certain prohibitions, restrictions, limitations, and requirements
are deemed to be necessary and appropriate.
B.
Permitted uses. Land use activities permitted within
this district shall be limited to the following and, further, shall
be subject to such other limitations as are specified herein:
(1)
Business and professional offices, such as those for
doctors, dentists and related health-care facilities.
(2)
Single-family detached dwellings.
(3)
Single-family detached dwellings containing a maximum
of one business or professional office of the type described herein.
(4)
Those uses allowed pursuant to § 165-32A(1).
[Amended 6-19-2013, effective 7-19-2013]
(5)
Wireless communications facilities.
(6)
Congregate-care facilities; assisted-living facilities.
[Added 4-17-2007; effective 5-17-2007]
C.
Prohibited uses.
(1)
Any use of land, building, structure, or equipment
which would be injurious, noxious or offensive by way of the creation
of adverse traffic impacts or conditions, odor, fumes, smoke, dust,
vibration, noise or other objectionable features or hazardous to the
community on account of fire or explosion or any other cause shall
be prohibited in this district.
A.
Purpose. The Office/Research and Development District is established for the purpose of encouraging particular nonresidential uses to occur within areas of the community. It is intended that the types of land use activities which would be allowed within this district will not have a severe detrimental impact on the existing residential uses which may continue to be maintained in the district. For these reasons, certain prohibitions, restrictions, limitations, and requirements are deemed to be necessary and appropriate. All development proposals shall be subject to review and approval by the Planning Board in accordance with Chapter 170, Land Development Control Regulations.
B.
Permitted uses. Land use activities permitted within
this district shall be limited to the following and, further, shall
be subject to such other limitations as are specified herein:
(1)
Business, professional, administrative or headquarters
offices.
(2)
Research, experimental or testing laboratories, excluding
animal experimentation and pharmaceutical.
(3)
Medical and dental laboratories.
(4)
Animal hospitals and veterinary clinics.
(5)
Research and development facilities.
(6)
Existing residential uses as of the date of adoption
of this section.
(7)
Wireless communications facilities.
C.
Prohibited uses.
(1)
Any use of land, building, structure, or equipment
which would be injurious, noxious or offensive by way of the creation
of adverse traffic impacts or conditions, odor, fumes, smoke, dust,
vibration, noise or other objectionable features or hazardous to the
community on account of fire or explosion or any other cause shall
be prohibited in this district.
(2)
Other land use activities which are specifically prohibited
within this district include, but are not necessarily limited to,
the following:
A.
Objectives and characteristics. It is the intent of
the Town of Derry to create zoning districts within the Town to be
known as "Neighborhood Commercial" or "NC Districts." An NC District
is intended to provide an opportunity for the development of limited
retail sales and service facilities in the proximity of residential
neighborhoods, thus minimizing unnecessary traffic congestion in the
major shopping areas within the Town as well as helping to reduce
national fuel consumption. It is intended that any such facilities
will be designed to blend harmoniously with the residential areas
in which they are located and will be spaced such that they will afford
convenience to the neighborhoods in which they are located but will
not create substantial or continuous commercial districts.
B.
Location of NC Districts.
(1)
NC Districts are intended to be floating districts
and may be located anywhere within residential districts, provided
that they meet the following criteria:[1]
(a)
No NC District (or portion thereof) shall be
located within 1 1/2 miles (horizontal straight-line measure) from:
[1]
Any other NC District;
[2]
Any business or industrial district within the
Town (within which NC District uses are permitted); or
[3]
The nearest boundary of a parcel of property
on which any other existing convenience store which regularly sells
milk, bread, eggs, soda or newspapers is located within the Town;
(2)
In the event that more than one applicant submits an application for establishment of an NC District which, if approved, would conflict with Subsection B(1)(a) above, the first application received by the Planning Board which contains complete and correct data, information, permits and approvals shall take precedence.
C.
Size of NC Districts. An NC District shall be the
same size as, and coincident with, a single lot (parcel) which conforms
to the minimum lot size requirements for residential lots in the underlying
(surrounding) district (including, where applicable, lot size by soil
type).
D.
Duration of NC Districts.
(1)
An NC District shall continue to exist as long as
it is in compliance with the provisions of this chapter, including
but not limited to the provisions related to hours of operation. A
period of one year following Planning Board approval and recording
of a plat is allowed for the construction and commencement of operation
of the facilities, as evidenced by the issuance of a certificate of
occupancy, failing which the CEO shall issue a notice of termination
of NC District which shall be filed in the Registry of Deeds. The
one-year period may be extended by, and following application to,
the CEO for a reasonable additional period of time, provided that
the applicant has diligently pursued and has, in good faith, attempted
to complete construction within such time period.
(2)
In the event that an NC District (or the activities
permitted therein) fails to comply with the requirements of this chapter,
in any way, for an aggregate period of 90 days in any twelve-month
period, the CEO of the Town of Derry shall revoke the certificate
of occupancy for all facilities and operations within the NC District.
Within 30 days following the final outcome of any permitted appeals
of the decision of the CEO which result in the decision being sustained,
the CEO shall issue a notice of termination of NC District, which
shall be filed in the Registry of Deeds.
(3)
The duration of the NC District shall not be adversely
affected by the expansion of an industrial or business district subsequent
to the approval and recording of an NC District plat.
E.
Permitted uses within an NC District. Only the following
uses shall be permitted within an NC District:
(1)
The retail sale of grocery and sundry items, including,
as a minimum, milk, bread, eggs, soda and newspapers as customarily
found in a convenience store. No sale for on-premises consumption
is permitted. (Sale of coffee and doughnuts for off-premises consumption
is permitted.)
F.
Prohibited uses within an NC District.
(1)
Any use or activity not expressly permitted above.
(2)
Outside storage or display of goods or merchandise.
(3)
Sale of motor fuels.
(4)
Portable or temporary signs.
(5)
On-premises video games, or equivalent, are specifically
prohibited.
(6)
Sexually oriented businesses are prohibited within
the Neighborhood Commercial District.
(7)
Wireless communications facilities.
G.
Limitations.
(1)
Hours of operation. The retail sale of groceries and
sundries shall be conducted on a regular and continuing basis for
a minimum of 80 hours per week between the hours of 6:00 a.m. and
10:00 p.m. only. No operation shall be permitted between the hours
of 10:00 p.m. and 6:00 a.m.
H.
Area and dimensional requirements.
(2)
Minimum frontage. The NC District (lot) shall have
a minimum of 200 feet of frontage on an approved public street (at
the front lot line and not at the setback line) which has been designated
as an arterial or collector road only, as referenced in the Transportation
Plan in the 1994 Derry Master Plan.
[Amended 6-5-2007]
(3)
Minimum setbacks. All buildings and parking areas
and all other areas which are intended or may be used for vehicular
travel (except for the access/egress point) shall be set back a minimum
of 50 feet from all lot lines.
(4)
Lot coverage. Not more than 25% of the lot area shall
be occupied by the building, parking areas, driveway, or other improvements
which reduce the green space.
(5)
Height. The maximum height of any point of the building
or other structures within an NC District shall not exceed 25 feet
above the lowest finished grade elevation at any point adjacent to
the foundation of such building or structure.
(6)
Floor area:
(a)
Maximum footprint/plan area of the building
(including porches) shall be 2,000 square feet.
(b)
Minimum footprint/plan area of the building
shall be 1,200 square feet.
(c)
The maximum perimeter of the building shall
not exceed 180 square feet.
(d)
The sales floor area shall be limited to a single
level only and shall not exceed 2,000 square feet.
I.
General requirements.
(1)
The design and finish of the building and all other
improvements within an NC District shall be in conformance with that
of existing residential improvements within the surrounding neighborhood,
as determined by the Planning Board.
(2)
Exterior finishes of cinder block, cement block, fiberglass
or metal shall not be permitted. Flat roofs shall not be permitted.
(3)
The building constructed in the NC District shall
be designed and constructed (including water supply and sewage disposal
with capacity for at least three bedrooms) so as to facilitate future
use as a single-family residence in the event that the owner chooses
to convert the building to a residence (and thus abandon the NC District)
or in the event that a notice of termination of NC District is issued.
(4)
Landscaped visual and acoustic buffer zones, at least
25 feet deep, shall be provided inside, and immediately adjacent to,
all lot lines except for street boundary lines. Buffer zones may be
required along street boundary lines at the discretion of the Planning
Board.
(5)
Vehicular access to, and egress from, an NC District
shall be by means of a single driveway with a width not exceeding
24 feet.
A.
Purpose. The purpose of this district is to allow
the use of manufactured housing units under conditions which are intended
to enhance affordable housing opportunities.
B.
Permitted uses. Uses permitted within this district
shall be limited to single-family detached manufactured housing units
as defined in this chapter.
C.
Minimum tract area. A manufactured housing park site
shall consist of at least 15 acres.
D.
General provisions.
(1)
Regulatory floodway. Except in existing manufactured
housing parks, the placement of manufactured homes is prohibited within
the regulatory floodway as designated on the Flood Boundary Maps of
the County of Rockingham, NH and the Flood Insurance Study bearing
the effective date of May 17, 2005, or as amended.
[Amended 4-19-2005]
(2)
Suitability of site. No manufactured housing park
shall be located so as to be:
(a)
Inaccessible from a Town- or state-maintained
road;
(b)
On poorly drained land or land that is unsuitable
for septic tank disposal of sewage in those cases where access to
and connection with the municipal sewerage system is unavailable;
(c)
On land subject to flooding, erosion or other
hazard; or
(d)
On land that is exposed to chronic nuisances
such as, but not limited to, noise, smoke, dust, fumes and/or odors.
The developer shall establish, to the satisfaction of the Planning
Board, that land proposed for a manufactured housing park is suitable
for such development.
(3)
License required. No manufactured housing park, whether
newly constructed or currently existing, shall be operated after the
effective date of this chapter until it shall first have been licensed
by the Code Enforcement Officer.
(a)
Application for a license shall be made annually
and shall show the name and address of the owner of the park, the
number of units within the park, the names and addresses of the unit
owners, and the number of vacant spaces within the park.
(b)
The first such application shall be accompanied
by a plan of the park, drawn to scale, showing the location of the
interior access drives and private streets, the individual unit spaces,
drainage, sanitary and water facilities, and electric, telephone and
gas utilities.
[Amended 6-5-2007]
(c)
All renewal applications shall be accompanied
by information as to any changes in the original plan or other park
information. At the discretion of the Code Enforcement Officer, a
new plan may be required if the changes are numerous.
(4)
Inspection required. No original or renewal license
shall be issued until a completed application has been submitted,
as required herein, and until after the park has been inspected to
determine that it meets all necessary health and safety requirements
of this chapter.
(5)
Existing parks. Existing manufactured housing parks
may not be expanded or altered except in conformance with the provisions
of this chapter.
(6)
Fees. Licensing and renewal fees shall be established
by the Town Council.
(7)
Unoccupied units. No unoccupied manufactured home
shall be stored or exhibited for sale for commercial purposes within
the manufactured housing park.
(8)
Hygiene and sanitation. Every manufactured home shall
be provided with adequate hygiene and sanitation facilities. Water
supply, water service, plumbing, sewage disposal and treatment, electric
power service, bottled or piped gas service, heating equipment and
fuels, refuse and garbage storage and disposal, and insect and rodent
control shall be provided in full compliance with all pertinent state
and local health regulations and requirements.
E.
Design standards. After the effective date of this chapter, all new manufactured housing parks, and the expansion and alteration of existing parks, shall be subject to the following minimum design standards, compliance with which shall be determined by the Planning Board under Chapter 170, Land Development Control Regulations.
(1)
Standards for parks.
(a)
Interior access drives and private roads shall have a minimum right-of-way width of 50 feet, centered within which there shall be a paved travel way having a minimum width of 24 feet. Interior access drives and private roads shall be constructed in accordance with the requirements for public streets as specified in the Table of Geometric and Other Standards for Streets contained in Chapter 170, Land Development Control Regulations.[1]
[Amended 6-5-2007]
(b)
Interior access drives and private roadways
shall be adequately illuminated at night and shall be identified by
signs of a design approved by the Public Works Director.
[Amended 6-5-2007]
(c)
At least 10% of the total park area, exclusive
of the interior access drives, private roads, unit spaces, and utility
and service areas, shall be reserved for recreation and open space
purposes for the exclusive use of the residents thereof. Recreation
areas shall be enclosed by appropriate fencing to protect children
from streets, access drives and parking areas. Land designated for
recreation and open space purposes shall be approved by the Planning
Board as being suitable for the intended use.
[Amended 6-5-2007]
(d)
A buffer zone which complies with the provisions of Chapter 170, Land Development Control Regulations, shall be established around the park perimeter.
(e)
Water, sewer and underground utility lines that
run under interior access drives or private roads shall be sleeved
to the satisfaction of the Public Works Director.
[Amended 6-5-2007]
(f)
If the park is to be connected to the municipal
water system, the service connection to said system shall be a minimum
of six inches in diameter, and there shall be connected therewith
fire hydrants of a number and at such locations within the park as
are to be determined by the Derry Fire Department.
(g)
Each park shall have a minimum of one access
on a public right-of-way. The width of said access shall be at least
50 feet.
(2)
Space standards.
(a)
Each space shall be a minimum of 7,200 square
feet in area, shall be at least 60 feet wide by at least 120 feet
in depth, and shall front upon an interior access drive or private
road. The bounds of each space shall be clearly marked.
[Amended 6-5-2007]
(b)
Each space shall include provision for at least
two off-street parking spaces, each at least 10 feet wide by 22 feet
long, having an all-weather surface area.
(c)
Each manufactured housing space shall be provided
with a four-inch-thick reinforced concrete pad, the length and width
of which shall be sized to accommodate the dimensions of the manufactured
housing unit to be placed thereon.
(d)
Each space shall be provided with an all-weather
walkway.
(e)
Each space shall have an attachment for water
supply, the source and distribution system of which meet all state
and local regulations.
(f)
Each space shall be provided with a connection
to an adequate central sewage disposal system which shall meet all
state and local regulations.
(g)
If a centralized subsurface disposal system
is used, the septic tank and leach field shall not be located on any
manufactured housing space but shall be located on a separate lot
of sufficient size to accommodate the ultimate capacity of the park.
(h)
If each manufactured housing space is to be
served on site by an individual subsurface disposal system, the space
being served shall be at least one acre in area.
(i)
Separate lots containing subsurface disposal
systems shall not be considered part of the required open space and
recreation area.
(j)
Each space shall be properly graded and drained
to assure the adequate disposal of surface water and stormwater.
(k)
Each space shall be provided with a storage
building having at least 100 square feet of floor area.
(l)
All buildings on the space shall be at least
20 feet apart.
(m)
Each space shall be provided with an electrical
source supplying at least 100 amps, 120/240 volts. The installation
shall comply with all applicable state and local electrical codes.
(n)
Each space shall be provided with a light post
at the access drive or street end of the driveway, to which the access
drive or street number of the space shall be attached in such manner
as to be adequately illuminated and visible to emergency services
personnel.
[Amended 6-5-2007]
(o)
Each space shall be provided with a substantial
flytight receptacle from which all garbage and refuse shall be removed
and disposed of by the park owner not less frequently than once weekly.
(3)
Manufactured housing construction and placement standards.
(a)
All manufactured housing units placed within
a manufactured housing park, whether a new or an existing park, after
the effective date of this chapter shall be certified as being constructed
in accordance with the provisions of the National Manufactured Housing
Construction and Safety Standards Act of 1974.
(b)
No manufactured housing unit shall be placed
closer than 50 feet to a public street right-of-way line.
(c)
A manufactured housing unit, including any attachment
thereto, such as a carport, and all accessory buildings, shall be
located on the space so that the unit and all accessory buildings
are at least 30 feet from the edge of the right-of-way of the interior
access drive or private road and 20 feet from any lot line of the
space.
[Amended 6-5-2007]
(4)
Open space and improvements maintenance assurance.
(a)
In the event that the owner of the park or any
successor owners shall, for any reason, fail to maintain the common
area(s) and improvements in reasonable order and condition in accordance
with the approved plan, the Code Enforcement Officer shall serve written
notice upon the owner, or his heirs and assigns, setting forth the
deficiencies in the maintenance, order and condition of the common
area(s) and/or improvements.
(b)
Such notice shall include a demand that said
deficiencies be cured forthwith and that a statement of intent to
comply, and a date of compliance, shall be filed with the Code Enforcement
Officer within 14 days of said notice, unless it pertains to safety
or health, in which case the Code Enforcement Officer may take immediate
action.
(c)
If such maintenance shall not have been performed,
or if said statement of intent shall not have been filed by the stated
time, the Town, in order to preserve the taxable values of the properties
within the park and to prevent nuisance, safety or health risks, may
enter upon the common area(s) and/or improvements and maintain such
area(s) and/or improvements for a period not to exceed one year. Said
entry and maintenance shall not vest any rights in the general public
to the use or the enjoyment of the common area(s) and/or improvements.
(d)
Before the expiration of that period, the Town
shall, upon its initiative, or upon the request of the owner theretofore
responsible for the maintenance, call a public hearing to be held
by the Town Council. Notice of said hearing shall be given to the
owner of the park.
(e)
At the hearing, the owner of the park shall
show cause why such maintenance by the Town shall not, at the election
of the Town, continue for a succeeding year or other designated period.
(f)
If the Town Council shall determine that the
owner is not ready and able to maintain said common area(s) and/or
improvements in a reasonable condition, the Town may, in its discretion,
continue to maintain said area(s) and/or improvements during the next
succeeding year and, subject to a similar hearing and determination,
during each succeeding year thereafter. The decision of the Town Council
in any such case shall constitute a final administrative decision.
(g)
The cost of such maintenance by the Town shall
be assessed against the park owner and shall become a tax lien on
said property.
(h)
At the time of entering upon said common area(s)
and/or improvements for the purpose of maintenance, notice of such
lien shall be filed in the office of the Rockingham County Registry
of Deeds.
F.
Exemption. The provisions of this section shall not
apply to manufactured homes in the possession of dealers as stock-in-trade
for sale or resale, as long as said manufactured homes remain unoccupied,
except that no such manufactured homes shall be stored in a manufactured
housing park.
A.
Permitted uses. The following uses shall be permitted
within the Industrial District-I:
(1)
The manufacture of various products, including but
not limited to:
|
Appliances
| |
|
Building material
| |
|
Chemicals
| |
|
Clothing
| |
|
Food
| |
|
Furniture
| |
|
Instruments
| |
|
Office supplies
| |
|
Photographic and optical products
| |
|
Plastics
| |
|
Sporting goods
| |
|
Textiles
| |
|
Transportation equipment
| |
|
Wood products
|
(2)
Other large-scale uses, including but not limited
to:
|
Building materials storage and sale
| |
|
Freight terminal
| |
|
Fuel and storage tanks
| |
|
Mail-order storage yards
| |
|
Sand and gravel pits
| |
|
Warehouse
| |
|
Wholesale businesses
|
(3)
Agricultural and forestry uses.
(4)
Wireless communications facilities.
B.
Accessory uses. Accessory uses, buildings and structures
usually associated with these permitted uses shall be allowed, including
off-street parking facility, signs, and temporary buildings for uses
incidental to construction.
C.
Prohibited uses. The following uses shall be prohibited
within the Industrial District-I:
(1)
Any industry which produces smoke other than that
which comes from normal heating and power-producing purposes, subject
to the limitation of § 135-15 of this chapter.
(2)
The following activities are specifically prohibited:
|
Acetylene gas manufacture
| |
|
Ammonia, beachline powder and chlorine manufacture
| |
|
Asphalt manufacturing or refining
| |
|
Blast furnace
| |
|
Boiler making
| |
|
Brick, terra cotta or tile manufacturing
| |
|
Coke manufacturing
| |
|
Creosote treatment or manufacturing
| |
|
Dye stuff manufacturing
| |
|
Emery cloth or sandpaper manufacturing
| |
|
Foundries
| |
|
Manufacture of gunpowder and other explosives
| |
|
Manufacturing of tar roofing or tar waterproofing
| |
|
Slaughtering of animals or fowl
| |
|
Smelting of ores
| |
|
Stockyards
| |
|
Tanning or curing of raw hides or skins, or
japanning of leather
| |
|
Tar distillation or manufacturing
|
(3)
Any business use, including any sexually oriented
business.
D.
E.
Building height. Building height shall be subject
to the review and approval of the Planning Board.
F.
Water and sewer services.
(1)
Town water service shall be used, if available.
(2)
Town sewer service shall be used if said Town sewer is located within 100 feet of a property line of a parcel under consideration, as required by Chapter 122, Sewers.
(4)
In the event that Town water and sewer services are
not available, state-approved water and sewer systems shall be required.
A.
Permitted uses. Only the following uses are permitted
within Industrial District-III:
(1)
Manufacturing industries.
(2)
Warehouse and wholesale uses.
(3)
Professional office uses in buildings of greater than
10,000 square feet.
(4)
Public utilities.
(5)
Machinery and transportation equipment, sales, service
and repair.
(6)
Freight and trucking terminals, offices and brokers.
(7)
Contractor's yard.
(8)
Parking garages.
(9)
Animal hospital or veterinary clinics.
(10)
Bulk fuel storage and distribution.
(11)
Printing establishment.
(12)
Contract cleaning establishment.
(13)
Industrial supply establishment.
(14)
Hotel/motel.
(15)
Breweries and bottling facilities.
(16)
Enclosed recycling of nonhazardous materials.
(17)
Wireless communications facilities.
B.
Prohibited uses. Any industrial use of land, building,
structure, or equipment which would be injurious, noxious or offensive
by way of the creation of adverse traffic impacts or conditions, odor,
fumes, smoke, dust, vibration, noise or other objectionable features
or hazardous to the community on account of fire or explosion or any
other cause shall be prohibited in this district. Sexually oriented
businesses are prohibited in this district.
C.
Area and dimensional requirements.
(1)
Minimum lot area: one acre (43,560 square feet) when served by Town sewer. If not served by the Town sewer, the minimum lot area shall be one acre in addition to meeting the lot size requirement specified in Table A, Minimum Lot Size by Soil Type, as contained in Chapter 170, Land Development Control Regulations.[1]
(3)
Minimum lot width: 125 feet at the thirty-foot front
setback line.
D.
Building height. Building heights of up to 100 feet
shall be permitted, notwithstanding any other provision of this chapter.
[Amended 11-21-2003; 6-14-2012; 2-27-2020; 4-15-2021]
A.
Permitted uses. The following uses shall be permitted
within the Industrial District-IV:
(1)
Retail sales or lease of new automobiles and trucks of 2,500 gross
square feet or greater.
(2)
Aeroponics.
(3)
Aquaponics.
(4)
Automobile repair facility/garage.
(5)
Brewery.
(6)
Brew pub.
(7)
Building material storage yard.
(8)
Commercial service establishment.
(9)
Contractor.
(10)
Cultural facilities.
(11)
Electric vehicle supply equipment.
(12)
Freight/Trucking terminal.
(13)
Fuel and storage tanks.
(14)
Hotel.
(15)
Hydroponic agriculture.
(16)
Indoor commercial recreational facility.
(17)
Indoor farming.
(18)
Industrial establishment.
(19)
Industrial establishment, light.
(20)
Industrial supply.
(21)
Laboratory; research, experimental, testing.
(22)
Light manufacturing.
(23)
Mail order storage yard.
(24)
Manufacturing.
(25)
Microbrewery.
(26)
Movie and recording studio.
(27)
Printing.
(28)
Professional office.
(29)
Research and development facility.
(30)
Research lab.
(31)
Restaurant.
(32)
Restaurant, drive-in.
(33)
Retail sales establishment.
(34)
Sports wagering.
(35)
Television broadcasting.
(36)
Transporation center.
(37)
Warehouse.
(38)
Wholesale business.
(39)
Wireless communication facilities.
B.
Sexually
oriented businesses and churches are specifically prohibited in this
district.
D.
Building height. Building height shall be subject
to the review and approval of the Planning Board.
E.
Water and sewer services.
(1)
Town water service shall be used, if available.
(2)
Town sewer service shall be used if said Town sewer is located within 100 feet of a property line of a parcel under consideration, as required by Chapter 122, Sewers.
(4)
In the event that Town water and sewer services are
not available, state-approved water and sewer systems shall be required.
A.
Purpose. Industrial District-V is established for
the purposes of encouraging particular nonresidential uses of an industrial
nature that are less intense then those uses allowed in Industrial
Districts I through IV. To carry out the purposes of this zone, certain
prohibitions, restrictions, limitations and requirements are deemed
to be necessary and appropriate.
B.
Permitted uses. The following uses shall be permitted
within the Industrial District-V:
C.
Accessory uses. Accessory uses, buildings and structures
usually associated with these permitted uses shall be allowed, including
off-street parking facility, signs, and temporary buildings for uses
incidental to construction.
D.
Prohibited uses.
(1)
Any use of land, building, structure, or equipment
which would be injurious, noxious or offensive by way of the creation
of adverse traffic impacts or conditions, odor, fumes, smoke, dust,
vibration, noise or other objectionable features or hazardous to the
community on account of fire or explosion or any other cause shall
be prohibited in this district.
(2)
Other land use activities which are specifically prohibited
within this district include, but are not necessarily limited to,
the following:
E.
F.
Building height. Building height shall be subject
to the review and approval of the Planning Board.
G.
Water and sewer services.
(1)
Town water service shall be used, if available.
(2)
Town sewer service shall be used if said Town sewer is located within 100 feet of a property line of a parcel under consideration, as required by Chapter 122, Sewers.
(4)
In the event that Town water and sewer services are
not available, state-approved water and sewer systems shall be required.
[Added 2-17-2004]
A.
District objective. This district allows for the establishment
of office and light manufacturing employment opportunities in the
community and takes into consideration vehicular and truck access
and the availability of municipal water and sewer.
B.
Permitted uses. Only the following uses shall be permitted
within this district:
(1)
Manufacturing industries.
(2)
Warehouse and wholesale uses.
(3)
Professional office and appurtenant uses in
buildings of greater than 10,000 square feet.
(4)
Public utilities.
(5)
Parking garages.
(6)
Animal hospitals, veterinary clinics.
(7)
Printing establishments.
(8)
Industrial supply establishments.
(9)
Hotels/Motels.
(10)
Breweries and bottling facilities.
(11)
Enclosed recycling of nonhazardous materials.
C.
Prohibited uses. Any industrial use of land, building,
structure, or equipment which would be injurious, noxious or offensive
by way of the creation of adverse traffic impacts or conditions, odor,
fumes, smoke, dust, vibration, noise or other objectionable features,
or hazardous to the community on account of fire or explosion or any
other cause shall be prohibited in this district. Sexually oriented
businesses are prohibited in this district.
D.
Area and dimensional requirements.
(1)
Minimum lot area: one acre (43,560 square feet) when served by Town sewer. If not served by the Town sewer, the minimum lot area shall be one acre in addition to meeting the lot size requirement specified in Table A, Minimum Lot Size by Soil Type, as contained in Chapter 170, Land Development Control Regulations.[1]
(2)
Minimum frontage requirement: 125 feet.
(3)
Minimum lot width: 125 feet at the thirty-foot
front setback line.
E.
Building height. Building heights of up to 60 feet
shall be permitted, notwithstanding any other provision of this chapter.
B.
Area and dimensional requirements.
(1)
Single-family detached and two-family dwellings.
(a)
Minimum lot area.
[1]
When served by municipal water or municipal
sewer, the minimum lot area required shall be 15,000 square feet per
dwelling unit.
[2]
When served by both municipal water and municipal
sewer, the minimum lot area required shall be 10,000 square feet per
dwelling unit.
[3]
When served by a community water system, the
minimum lot area required shall be one acre (43,560 square feet) per
dwelling unit.
(b)
Minimum frontage.
[Added 10-21-2003[1]]
[1]
When served by either municipal water or municipal
sewer, or by both, the minimum lot frontage required shall be 100
feet.
[2]
When served by a community water system, the
minimum lot frontage required shall be 125 feet.
[Amended 3-24-2015, effective 4-24-2015]
[1]
Editor's Note: This ordinance also redesignated
former Subsection B(1)(b) and (c) as Subsection B(1)(c) and (d).
(c)
Minimum lot width.
[1]
When served by either municipal water or municipal
sewer, or by both, the minimum lot width required shall be 100 feet
at the thirty-five-foot front setback line or 100 feet at the front
lot line.
[2]
When served by a community water system, the
minimum lot width required shall be 125 feet at the thirty-five-foot
front setback line or 125 feet at the front lot line.
(2)
Multifamily dwellings (more than two units per building).
(a)
Minimum lot area. The minimum lot area required shall be 5,000
square feet per dwelling unit. The density calculation of 5,000 square
feet per dwelling unit shall be calculated based upon the net buildable
area of land. Calculations resulting in less than a whole number should
be rounded down to the nearest whole number. (For example: 27.2 or
27.9 should be rounded down to 27 units.)
[Amended 5-7-2015]
(c)
Minimum lot width. The minimum lot width required
shall be 150 feet at the thirty-five-foot setback.
[Amended 10-21-2003]
(d)
Minimum yard depths. The minimum front, side
and rear yards shall be 30 feet each.
(e)
Building height. Multifamily dwellings shall not exceed 110%
of the average building height of other residential dwellings within
a five-hundred-foot radius of the lot.
[Amended 5-7-2015; 9-1-2015, effective 10-1-2015]
C.
Additional multifamily requirements.
(1)
The maximum length of a multifamily dwelling shall
not exceed 200 feet.
(2)
The minimum distance between multifamily dwellings
shall not be less than 35 feet.
(3)
All multifamily dwellings shall be connected to the
municipal water and the municipal sewer systems.
(4)
At least 15% of the net buildable lot area shall be provided for
recreation space. Green area on nonresidential site plans may not
be applied toward the recreational space calculation.
[Amended 5-7-2015]
(5)
Off-street parking shall be provided in accordance with Chapter 170, Land Development Control Regulations.
(6)
Multifamily dwellings shall be constructed in accordance with the provisions of the New Hampshire State Building Code as adopted by the State of New Hampshire and as adopted and amended by the Town of Derry under Chapter 30 of the Town of Derry Code.
[Amended 10-17-2005; 3-24-2015, effective 4-24-2015; 5-7-2015]
A.
Permitted uses. The uses permitted within this district
shall be limited to the following:
B.
Area and dimensional requirements.
(1)
Single-family detached and two-family dwellings.
(a)
Minimum lot area.
[1]
When served by municipal water or municipal
sewer, the minimum lot area required shall be 15,000 square feet per
dwelling unit.
[2]
When served by both municipal water and municipal
sewer, the minimum lot area required shall be 10,000 square feet per
dwelling unit.
[3]
When served by a community water system, the
minimum lot area required shall be one acre (43,560 square feet) per
dwelling unit.
(b)
Minimum lot frontage.
[Added 10-21-2003[1]]
[1]
When served by either municipal water or municipal
sewer, or by both, the minimum lot frontage required shall be 100
feet.
[2]
When served by a community water system, the
minimum lot frontage required shall be 125 feet.
[1]
Editor’s Note: This ordinance also redesignated
former Subsection B(1)(b) and (c) as Subsection B(1)(c) and (d).
(c)
Minimum lot width.
[1]
When served by either municipal water or municipal
sewer, or by both, the minimum lot area required shall be 100 feet
at the thirty-five-foot front setback line or 100 feet at the front
lot line.
[2]
When served by a community water system, the
minimum lot width required shall be 125 feet at the thirty-five-foot
front setback line or 125 feet at the front lot line.
(2)
Multifamily dwellings.
(a)
Minimum lot area. Minimum lot area required shall be 5,000 square
feet per dwelling unit. The density calculation of 5,000 square feet
per dwelling unit shall be calculated based on the net buildable area
of land. Calculations resulting in less than a whole number should
be rounded down to the nearest whole number. (For example: 27.2 or
27.9 should be rounded down to 27 units.)
[Amended 5-7-2015]
(c)
Minimum lot width. Minimum lot width required
shall be 150 feet at the front lot line.
(d)
Minimum yard depths. Side and rear yards shall
be 30 feet each.
(e)
Building height. Multifamily dwellings shall not exceed 110%
of the average building height of other dwellings within a five-hundred-foot
radius of the lot.
[Amended 5-7-2015; 9-1-2015, effective 10-1-2015]
(3)
Private schools.
(a)
Minimum lot area: one acre (43,560 square feet).
(c)
Minimum lot width: 125 feet at the front lot
line and 125 at the thirty-foot front setback line.
(e)
Building height. Building height shall be subject
to the review and approval of the Planning Board.
(f)
Buffer zones. Before any building, parking lot,
or driveway can be constructed that is nonresidential in nature and
abuts a residence or residential district, a buffer zone will be established
with the following minimum characteristics:
[1]
It shall be a minimum of 50 feet wide.
[2]
It shall be landscaped and maintained with the
purpose in mind to diminish the effect of lighting, sound and odor
created by the nonresidential use.
[3]
Minimum plantings for the buffer zone shall
be three rows of coniferous-type trees running parallel with the residential
district. These trees shall have a minimum height of six feet and
be planted at a distance of 12 feet to 16 feet on center. They shall
be staggered so as to present a more dense buffer zone. Landscaping
of the buffer zone shall be approved by the Planning Board.
[4]
When the existing trees and understory vegetation in the buffer zone are sufficiently dense so as to provide screening at least as effective as the minimum plantings specified in Subsection B(3)(f)[3], above, the Planning Board may opt to require the maintenance of the existing vegetative buffer in lieu of cutting it down to accommodate new plantings, or may opt to require a combination of new plantings and existing vegetative buffer.
[Added 11-1-2005]
[5]
Landscaping of the buffer zone shall be approved
by the Planning Board.
[Added 11-1-2005]
(g)
Off-street parking. Off-street parking shall be provided in accordance with the provisions of Chapter 170, Land Development Control Regulations.
(h)
Site plan review. All development or change or expansion of use of land or buildings for nonresidential uses, whether or not such development includes a subdivision or resubdivision of the site, shall be subject to review and approval or disapproval by the Planning Board in accordance with the provisions of this chapter and Chapter 170, Land Development Control Regulations.
C.
Additional multifamily requirements.
(1)
The maximum length of a multifamily dwelling shall
not exceed 200 feet.
(2)
The minimum distance between multifamily dwellings
shall not be less than 35 feet.
(3)
All multifamily dwellings shall be connected to the
municipal water and the municipal sewer systems.
(4)
At least 15% of the net buildable lot area shall be provided for
recreation space. Green area on nonresidential site plans may not
be applied toward the recreational space calculation.
[Amended 5-7-2015]
(5)
Off-street parking shall be provided in accordance with Chapter 170, Land Development Control Regulations.
(6)
Multifamily dwellings shall be constructed in accordance with the provisions of the New Hampshire State Building Code as adopted by the State of New Hampshire and as adopted and amended by the Town of Derry under Chapter 30 of the Town of Derry Code.
[Amended 10-17-2005; 3-24-2015, effective 4-24-2015; 4-7-2015, effective 5-7-2015]
D.
Special exception uses.
(1)
A special exception may be granted by the Zoning Board
of Adjustment to allow an owner-resident to conduct a home business
in her/his dwelling. Such home business shall be limited to the following
professions or trades:
(2)
A request for only such special exception uses as are specified in Subsection D(1) above may be granted, provided that the Zoning Board of Adjustment finds favorably with respect to each of the following conditions:
(a)
The applicant claims the dwelling unit as her/his
legal residence;
(b)
The residential use was established by the applicant
prior to the filing of the request for the special exception;
(c)
The proposed home business will not be injurious,
noxious, or offensive to the neighborhood by reason of emission of
odor, fumes, dust, smoke, vibration, noise, or other cause;
(d)
The home business use will be conducted within
the residential structure, or other existing structure, and will not
exceed 25% of the finished living area of the dwelling;
[Amended 8-11-2009]
(e)
The home business use will not change the residential
character of the dwelling or the property;[4]
[4]
Editor's Note: Former Subsection D(2)(f), regarding signs,
which immediately followed this section, was repealed 1-7-2014, which
ordinance also provided for the redesignation of former Subsection
D(2)(g) through (j) as Subsection D(2)(f) through (i), respectively.
(f)
Not more than one person not residing in the
dwelling unit will be employed on the premises at the same time;
(g)
Sufficient off-street parking will be provided
for employees, clients, and customers. Where lot size permits, the
parking will not be provided within 25 feet of the front lot line
nor within 10 feet of a side or rear lot line; and
(h)
Not more than one home business use will be
conducted on the property.[5]
[5]
Editor’s Note: Former Subsection D(2)(i), which required
that the proposed home business would not be contrary to any covenants
or conditions contained in the deed to the property, and which immediately
followed this subsection, was repealed 7-2-2015.
(3)
Special exceptions granted under this section are
intended for use by the current residents and, as such, shall not
be transferable to subsequent occupants.
[Added 11-1-2005]
B.
Area and dimensional requirements
(1)
Single-family detached dwellings:
(a)
Minimum lot area.
[1]
When served by municipal water or municipal
sewer, the minimum lot area required shall be 15,000 square feet.
[2]
When served by both municipal water and municipal
sewer, the minimum lot area required shall be 10,000 square feet.
[3]
When served by a community water system, the
minimum lot area required shall be one acre (43,560 square feet).
(c)
Minimum lot width.
[1]
When served by either municipal water or municipal
sewer, or by both, the minimum lot width required shall be 100 feet
at the thirty-five-foot front setback line, or 100 feet at the front
lot line.
[2]
When served by a community water system, the
minimum lot width required shall be 125 feet at the thirty-five-foot
front setback line.
C.
Special exception uses.
(1)
A special exception may be granted by the Zoning
Board of Adjustment to allow an owner-resident to conduct a home business
in her/his dwelling. Such home business shall be limited to the following
professions or trades:
(2)
A request for only such special exception uses as are specified in Subsection C(1) above may be granted, provided that the Zoning Board of Adjustment finds favorably with respect to each of the following conditions:
(a)
The applicant claims the dwelling unit as her/his
legal residence;
(b)
The residential use was established by the applicant
prior to the filing of the request for the special exception;
(c)
The proposed home business will not be injurious,
noxious, or offensive to the neighborhood by reason of emission of
odor, fumes, dust, smoke, vibration, noise, or other cause;
(d)
The home business use will be conducted within
the residential structure, or other existing structure, and will not
exceed 25% of the finished living area of the dwelling;
[Amended 8-11-2009]
(e)
The home business use will not change the residential
character of the dwelling, or the property;[1]
[1]
Editor's Note: Former Subsection C(2)(f), regarding signs,
which immediately followed this subsection, was repealed 1-7-2014,
which ordinance also redesignated former Subsection C(2)(g) through
(j) as Subsection C(2)(f) through (i), respectively.
(f)
Not more than one person not residing in the
dwelling unit will be employed on the premises at the same time;
(g)
Sufficient off-street parking will be provided
for employees, clients, and customers. Where lot size permits, the
parking will not be provided within 25 feet of the front lot line,
nor within 10 feet of a side or rear lot line; and
(h)
Not more than one home business use will be
conducted on the property.[2]
[2]
Editor’s Note: Former Subsection C(2)(i), which required
that the proposed home business would not be contrary to any covenants
or conditions contained in the deed to the property, and which immediately
followed this subsection, was repealed 7-2-2015.
(3)
Special exceptions granted under this section
are intended for use by the current residents and, as such, shall
not be transferable to subsequent occupants (effective 10/7/99).
A.
Permitted uses. The uses permitted within this district
shall be limited to:
(1)
Single-family detached dwellings, in the form of conventional
subdivisions.
(2)
Manufactured housing subdivisions.
(3)
Accessory apartment.
(4)
Campgrounds.
(5)
Production or sale of farm produce by residents of
the district. The production or sale of farm produce, as permitted
above, shall be allowed, provided that such use is not injurious,
noxious or offensive to the neighborhood.
(6)
Community-oriented recreational facilities, which
facilities provide guidance and promote the health, social, education,
physical, vocational and character development of boys and girls,
with appropriate related social gatherings, child care, appropriate
fund-raising events and adult programs, such as but not limited to
community centers, Girls' Clubs, Boys' Clubs, YWCAs and YMCAs.
B.
Special exception uses.
(1)
A special exception may be granted by the Zoning Board
of Adjustment to allow an owner-resident to conduct a home business
in her/his dwelling. Such home business shall be limited to the following
professions or trades:
(2)
A request for only such special exception uses as are specified in Subsection B(1) above may be granted, provided that the Zoning Board of Adjustment finds favorably with respect to each of the following conditions:
(a)
The applicant claims the dwelling unit as her/his
legal residence;
(b)
The residential use was established by the applicant
prior to the filing of the request for the special exception;
(c)
The proposed home business will not be injurious,
noxious, or offensive to the neighborhood by reason of emission of
odor, fumes, dust, smoke, vibration, noise, or other cause;
(d)
The home business use will be conducted within
the residential structure, or other existing structure, and will not
exceed 25% of the finished living area of the dwelling;
[Amended 8-11-2009]
(e)
The home business use will not change the residential
character of the dwelling or the property;[1]
[1]
Editor's Note: Former Subsection B(2)(f), regarding signs,
which immediately followed this subsection, was repealed 1-7-2014,
which ordinance also provided for the redesignation of former Subsection
B(2)(g) through (j) as Subsection B(2)(f) through (i), respectively.
(f)
Not more than one person not residing in the
dwelling unit will be employed on the premises at the same time;
(g)
Sufficient off-street parking will be provided
for employees, clients, and customers. Where lot size permits, the
parking will not be provided within 25 feet of the front lot line
nor within 10 feet of a side or rear lot line; and
(h)
Not more than one home business use will be
conducted on the property.[2]
[2]
Editor’s Note: Former Subsection B(2)(i), which required
that the proposed home business would not be contrary to any covenants
or conditions contained in the deed to the property, and which immediately
followed this subsection, was repealed 7-2-2015.
(3)
Special exceptions granted under this section are
intended for use by the current residents and, as such, shall not
be transferable to subsequent occupants.
C.
Single-family detached dwellings, in conventional
subdivisions.
(1)
Minimum lot area.
(b)
This requirement shall not be applicable to
any legally existing or approved lot containing at least 25,000 square
feet and having a width of at least 125 feet at the thirty-five-foot
front setback line, and having frontage of at least 125 feet, provided
that said lot meets the requirements of the Water Supply and Pollution
Control Division of the New Hampshire Department of Environmental
Services.
[Amended 10-21-2003]
(3)
Minimum lot width. The minimum lot width required
in this district shall be 125 feet at the thirty-five-foot front setback
line or 125 feet at the front lot line.
(4)
Minimum yard depths. The minimum front yard shall
be 35 feet; the minimum side and rear yards shall be 15 feet.
D.
Manufactured housing subdivisions.
(1)
Housing types permitted. Manufactured housing subdivisions
may contain manufactured and pre-site-built housing, as defined in
this chapter, as well as conventional site-built housing.
(2)
Limitation. Manufactured housing subdivisions shall
be limited to single-family detached dwellings.
(4)
Manufactured housing construction standards. All manufactured
housing units placed within a manufactured housing subdivision after
the effective date of this chapter shall be certified as being constructed
in accordance with the provisions of the National Manufactured Housing
Construction and Safety Standards Act of 1974.
E.
Campgrounds. Nothing herein shall prevent land from
being utilized, maintained, or operated as a recreational campground,
provided that the campground conforms to the regulations of the State
of New Hampshire and meets the following requirements:
(1)
Operation. All campgrounds shall be permitted to operate
only from May 1 through October 31.
(2)
Access. Access to the campgrounds shall be from a
state highway. Before any campground can be constructed, entrance
and exit roadways shall be established with the following minimum
characteristics:
(3)
Sites and facilities. Campsites and facilities shall
be no closer than 1,000 feet to an existing residence.
(4)
Buffer zone. Before any campground can be constructed,
a buffer zone of 500 feet from the lot lines for the entire perimeter
of the parcel shall be maintained in its natural state. In the absence
of natural screening, additional buffer zone requirements may be imposed
by the Planning Board.[5]
[5]
Editor's Note: Former Subsection E(5), Signs, which immediately
followed this subsection, was repealed 1-7-2014, which ordinance also
provided for the redesignation of former Subsection E(6) through (11)
as Subsection E(5) through (10), respectively.
(5)
Plan review. Review and approval by the Planning Board shall be required in accordance with Chapter 170, Land Development Control Regulations.
(7)
Service facilities. A service building, or buildings,
for toilets and shower facilities shall be provided. No camping space
shall be more than 500 feet from a service building.
(8)
State approval. Prior to the granting of an occupancy
permit, written approval of the State Board of Health shall be furnished,
certifying that all facilities for water supply, toilets, sewage disposal,
and solid waste disposal comply with the State Board's requirements.
(9)
Accessory buildings.
(a)
Permitted accessory buildings in a campground
shall be limited to the following:
[1]
An office for the manager and staff of the campground
and an office providing adequate first aid facilities, both of which
may be in a dwelling or service building.
[2]
A service building, not to exceed 1,500 square
feet of gross floor space, which may contain equipment and supplies,
recreation rooms, and a shop for convenience goods primarily for the
occupants of the campground, provided that no advertising device is
visible from a street or from adjacent lots.
[3]
Service buildings to accommodate bathers at
beach or pool sites.
(b)
Additional requirements may be imposed by the
Planning Board for any other buildings or structures incidental to
the recreational aspects of the campground, including commercial recreational
facilities as defined in this chapter.
A.
Permitted uses:
(1)
All uses allowed in § 165-46A(1) through B(3).
(2)
Wireless communications facilities are permitted in the Telecommunication Overlay Zone as defined by the overlay zone contained in § 165-28B(1)(b) and subject to the provisions of § 165-28 governing wireless communications facilities.
B.
Area and dimensional requirements.
B.
Area and dimensional requirements:
[Amended 3-18-2003; 10-21-2003; 6-5-2007; 6-16-2015, effective
7-16-2015]
A.
Purpose.
(1)
To protect and preserve this traditional character of Derry's older
Central Business District, we are establishing an overlay district
within the Central Business District to be known as the "Traditional
Business Overlay District." The Traditional Business Overlay District's
purpose is to maintain a consistent and recognizable land use policy
within the core of the Central Business District. The core represents
the gateway into our community. It represents Derry's history, culture,
and uniqueness from other New Hampshire communities. It is the nucleus
for Derry's business, governmental, social, and cultural activities.
(2)
It is intended that land use activities allowed within this district
will serve to compliment and enhance existing historical, residential,
commercial, and cultural uses. It is intended to promote an attractive
and appropriate streetscape, creating a quality downtown image. New
construction, reconstruction, rehabilitation, and demolition should
be performed in such a way as to preserve and /or build on Derry's
uniqueness. To that end, this subdistrict will overlay the core of
the Central Business District. In the event of a conflict between
the requirements of this section and the permitted uses within the
Central Business District, the requirements of this section shall
take precedence. In order to promote this purpose the Planning Board,
as set forth in this section, shall be authorized to adopt architectural
design regulations for this district.
B.
Permitted uses. The following uses shall be permitted:
(1)
Multi-unit residential, dwelling unit as a mixed use in conjunction
with permitted nonresidential use, subject to the following limitations:
[Amended 7-1-2021]
(a)
Residential units shall be a minimum of 750 square feet per
unit limited to one- or two-bedroom unit, with the exception of studio
units which are allowed to be 400 square feet in size. The number
of studio units shall be limited to 5% of the total allowable number
of units for a single project. The number of allowable studio units
shall be determined by calculating the total square feet of the building.
The total square feet of the combined studio units shall not exceed
5% of the total building square feet. A minimum of one studio unit
will be permitted per development, provided the development is comprised
of more than four units in total. Numbers resulting in a fraction
shall be rounded down to the nearest whole number. For example, if
the result is 4.5 units, four units shall be permitted.
(b)
Residential use shall not be permitted below the third floor.
(c)
Minimum lot area shall be 20,000 square feet. Density shall
not exceed 40 dwelling units per acre.
(d)
No building or structure within this district shall be higher
than 350 feet above sea level in elevation.
(e)
Conversion: Existing structures may be converted for multi-unit residential uses, provided that the lot and the structure meet the minimum standards for the TBOD District with respect to area and dimensional requirements, buffer zones, off-street parking, and height limitation. Any conversion which involves an existing nonresidential or multifamily use, or one which would result in the creation of a combination of nonresidential and residential use, or which would result in the creation of a multi-unit dwelling, shall be subject to review and approval by the Planning Board in accordance with § 165-16 of this chapter and Chapter 170, Land Development Control Regulations.
(f)
All multiunit residential developments shall meet with the Planning
Board for a non-binding conceptual discussion prior to scheduling
a meeting with the Technical Review Committee, or the submission of
a formal application to the Board.
(2)
Retail sales establishment.
(3)
Pharmacy.
(4)
Banks.
(5)
Transportation center.
(6)
Travel agent.
(7)
Commercial service establishment.
(8)
Contractor.
(9)
Indoor recreational facility.
(10)
Commercial performing and fine arts school and studios.
(11)
Professional office.
(12)
Office.
(13)
Restaurant.
(14)
Library.
(15)
Public/private educational facility.
(16)
Radio and television broadcasting studios exclusive of transmitter
facilities (upper levels only).
(17)
Parking facilities.
(18)
Light manufacturing.
C.
Area and dimensional requirements.
(2)
Minimum lot frontage: 50 feet.
(3)
Minimum lot width: 50 feet at the zero-foot front setback line.
(5)
Building dimensions. Measured from street grade, no building shall be below two stories in height. Measured from street grade, no building shall be higher than 350 feet above sea level in elevation. The first floor area shall be visibly accessible from the street, or as otherwise provided by architectural design regulations incorporated in Chapter 170, Land Development Control Regulations.
D.
Review. Any change from a residential to a nonresidential use of a lot or structure, whether in whole or in part shall be subject to review and approval by the Planning Board in accordance with Chapter 170, Land Development Control Regulations, whether or not such development, change or expansion includes a subdivision or resubdivision of the site. Any change in use from one permitted use to another more intense permitted use may be subject to review by the Planning Board based on the determination of the Planning Director or designee. The Planning Board is authorized to adopt architectural design regulations for this district pursuant to RSA 674:16, I and II, 674:21, I, and 674:44, II. If such architectural design regulations are adopted, they shall be incorporated in Chapter 170, Land Development Control Regulations.
E.
Buffer zones. Where a nonresidential use in this district abuts a residential district, a buffer zone shall be established to help diminish the effects of the nonresidential use on the abutting residential district. The buffer zone shall be as provided in Chapter 170, Land Development Control Regulations.
F.
Sidewalk display. In the interest of public safety, the sidewalks
within the public right-of-way within this district shall not be obstructed
by merchandise display, seating, or any other permanent or temporary
obstructions, except by special permit as may be established by the
governing body of the Town of Derry.
G.
Parking.
(1)
General provisions.
(a)
Multi-unit residential use in conjunction with mixed use. Parking shall be provided on the basis of one space per bedroom, with a minimum of 1.5 spaces being required per dwelling unit. Parking shall be located as otherwise provided in Chapter 170, Land Development Control Regulations.
[Amended 7-1-2021]
(b)
Nonresidential use. Parking shall be provided in accordance with Chapter 170, Land Development Control Regulations.
(c)
All off-street parking areas shall be provided in such a way
that no vehicle will be required or will be likely to back into the
street, access drive or into the lot.
(d)
No parking will be allowed within the designated buffer zone.
H.
Prohibited uses.
(1)
Any use of land, building, structure, or equipment which would be
injurious, noxious or offensive by way of the creation of adverse
traffic impacts or conditions, odors, fumes, smoke, dust, vibration,
noise or other objectionable features, or hazardous to the community
on account of fire or explosion or any other cause shall be prohibited
in this district.
(2)
Other land use activities which are specifically prohibited within
this district include, but are not necessarily limited to, the following:
I.
Conflicting provisions. In all cases where the Traditional Business
Overlay District is superimposed over another zoning district in the
Town of Derry, that district whose regulations are the most restrictive
shall apply.
