Town of Derry, NH Article VI District Provisions

§ 165-32 General Commercial District (GC).

[Amended 3-18-2003; 10-21-2003, effective 11-21-2003; 10-21-2003, effective 11-21-2003; 6-5-2007; effective 7-5-2007; 6-19-2013, effective 7-19-2013; 7-19-2013; 8-6-2015; 5-21-2019, effective 6-21-2019; 6-21-2019; 2-27-2020; 11-18-2025]

A. Permitted uses.

(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] Dwelling, multi-family.

[17] Essential services facility.

[18] Filling station.

[19] Health service facility.

[20] Home occupations.

[21] Hospital.

[22] Hotel.

[23] Hydroponic agriculture.

[24] Inn.

[25] Indoor commercial recreational facility.

[26] Indoor farming.

[27] Library.

[28] Light industry.

[29] Light manufacturing.

[30] Manufacturing.

[31] Medical office.

[32] Microbrewery.

[33] Office.

[34] Professional office.

[35] Any public use or use by a semipublic agency for which the activities are primarily nonprofit in nature.

[36] Public/Private educational facility.

[37] Radio broadcasting and receiving stations, excluding wireless communication towers.

[38] Research and development laboratory.

[39] Restaurant.

[40] Retail sales establishment.

[41] No use described in Subsection A(1)(a) shall be construed or interpreted to allow sexually oriented businesses in the General Commercial District except as provided in Subsection D.

[42] Sports wagering.

[43] Single-family dwelling units existing as of the effective date of this amendment (July 19, 2013) shall be considered legal permitted uses.

B. Area and dimensional requirements.

(1) Minimum lot area:

(a) With public sewer: 30,000 square feet.

(b) Without public sewer: one acre, plus 10,000 square feet for each 200 gallons per day of sewage effluent after the first 200 gallons per day, unless the owner can show adequate plans for sewage disposal on a smaller lot.

(2) Minimum frontage requirement: 125 feet.

(3) Minimum yard depths:

(a) Front yard: 35 feet.

(b) Side and rear yards: 20 feet.

C. Buffer zones shall be established in accordance with the provisions of Chapter 170, Land Development Control Regulations.

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.

E. Wireless communications facilities are a prohibited use in the General Commercial District.

F. Multi-family residential uses are only permitted as a mixed use in conjunction with permitted non-residential uses and shall be approved through a conditional use permit issued by the Planning Board following a duly noticed public hearing, pursuant to RSA 674:21, II. The public hearing shall take place at the same time as the hearing to review the site plan for the project.

(1) When an existing building is being converted to multi-family or mixed use purposes, an exemption is permitted for setbacks, height, or frontage, providing the original building's height, floor area, and setbacks do not change.

(2) Density. Not to exceed 20 units per acre.

(3) The non-residential use portion of the building shall be a minimum of 25% of the total gross square feet of the building. Applicants may request a reduction in the percentage of non-residential use for projects that create workforce housing as defined in RSA 674:58-61.

(4) 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.

(5) Appeals. Appeals concerning the issuance of the conditional use permit shall be to Superior Court as provided for in RSA 676:15.

G. Conditional use permit. The Planning Board may issue a conditional use permit to allow a mixed-use multi-family dwelling in the GC District subject to the terms of this section, if the Board determines the proposal conforms to all of the following conditional use permit criteria (except for specific criteria that are deemed by the Planning Board to not be pertinent to the application).

(1) Site suitability. The site is suitable for the proposed use. This includes:

(a) The availability of appropriate utilities to serve the intended use including water, sewage disposal, stormwater disposal, electricity, and similar utilities.

(2) Availability of public services and facilities. Adequate and lawful facilities or arrangements for sewage disposal, solid waste disposal, water supply, utilities, drainage and other necessary public or private services, are approved or assured to the end that the use will be capable of proper operation. In addition, it must be determined that these services will not cause unnecessary demand on municipal services, including but not limited to, water, sewer, and waste disposal.

§ 165-32.1 General Commercial II District (GC-II).

[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. Area and dimensional requirements.

(1) Minimum lot area:

(a) With public sewer: 30,000 square feet.

(b) Without public sewer: one acre, plus 10,000 square feet for each 200 gallons a day of sewer effluent after the first 200 gallons, unless the owner can show proper plans for the disposal of sewage on a smaller lot.

(2) Minimum frontage requirement: 200 feet.

(3) Minimum lot width: 200 feet at the thirty-five-foot front setback line.

(4) Minimum yard depth:

(a) Front yard: 35 feet.

(b) Side and rear yards: 20 feet.

D. Buffers. Buffer zones shall be established in accordance with the provisions of Chapter 170, the Land Development Control Regulations.

E. Additional requirements.

(1) Any development in this district shall be subject to the architectural design regulations contained within Chapter 170, the Land Development Control Regulations.

(2) Uses specifically prohibited in the GC-II District:

(a) Sexually oriented businesses.

(b) Wireless communication facilities.

(c) Manufactured housing.

§ 165-32.2 General Commercial III District (GC-III).

[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. Area and dimensional requirements.

(1) Minimum lot area:

(a) With public sewer: 30,000 square feet (currently not available in this zone).

(b) Without public sewer: The minimum lot area shall be one acre or larger, as shall be determined by the soils-based lot size determination provisions of Chapter 170, Land Development Control Regulations.

(2) Minimum frontage requirement: 200 feet.

(3) Minimum lot width: 200 feet at the thirty-five-foot front setback line.

(4) Minimum yard depth:

(a) Front yard: 35 feet.

(b) Side and rear yards: 20 feet.

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.

(2) Construction of any structure shall not exceed the height of the tallest building on the historic site in the zone.[1]

[1] Editor's Note: Former Subsection E, Signage, which immediately followed this subsection, was repealed 1-7-2014. This ordinance also provided for the redesignation of former Subsections F and G as Subsections E and F, respectively.

E. Excluded uses: uses specifically prohibited in the GC-III District:

(1) Sexually oriented businesses.

(2) Wireless communication facilities.

F. For the purpose of this zone, an "historic site" shall be defined as a site listed on the National or State Historic Register.

§ 165-32.3 General Commercial IV District (GCIV).

[Added 7-7-2015, effective 8-6-2015; amended 2-27-2020; 11-18-2025]

A. Permitted uses.

(1) The following types of uses shall be permitted:

	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
	Media production and recording studios
	Nursing home
	Professional office
	Public/private educational facility (trade school)
	Publishing
	Radio broadcasting, excluding wireless communication towers
	Research and development facility/research lab
	Restaurant
	Restaurant, drive-in
	Retail sales establishment
	Sports wagering
	Television broadcasting
	Transportation center (bus depot)
	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.

B. Area and dimensional requirements.

(1) Minimum lot area:

(a) With public sewer; 30,000 square feet.

(b) Without public sewer; one acre, plus 10,000 square feet for each 200 gallons per day of sewage effluent after the first 200 gallons per day, unless the owner can show adequate plans for sewage disposal on a smaller lot.

(2) Minimum frontage requirement: 125 feet.

(3) Minimum yard depths:

(a) Front yard: 35 feet;

(b) Side and rear yards: 20 feet.

C. Buffer zones shall be established in accordance with the provisions of Chapter 170, Land Development Control Regulations.

D. Sexually oriented businesses are permitted in the General Commercial IV District. Sexually oriented businesses shall comply with and satisfy all restrictions in § 165-27.

§ 165-32.4 West Running Brook District.

[Added 9-13-2019; 6-18-2022; 11-18-2025]

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) Media production and recording studios.

(11) Multifamily residential per § 165-32.4J.

(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.

(1) Any provision of this section may be waived when, upon application by the applicant to the Planning Board, the Board determines, in its sole discretion that:

(a) Requiring compliance with the particular provision for the granting of a conditional use permit would create an unnecessary hardship; and

(b) The application would still be consistent with the spirit and intent of this section.

(2) Requests for waivers must be written, and the Planning Board must vote on each wavier request at a properly noticed public hearing.

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.

(3) Pedestrian and bicycle access.

(a) Connections between uses. Pedestrian and bicycle connections between mixed use development and residential areas are required.

(b) Bicycle parking. Small-scale retail areas shall provide areas for parking and locking of bicycles.

(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.

(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.

§ 165-33 Central Business District (CBD).

[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.

(b) All residential units permitted under this subsection shall be:

[1] A minimum of 800 square feet per unit.

[2] Limited to one- or two-bedroom units.

[3] Prohibited below the second floor.

(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.

(24) Any public use or use by a semi-public agency whose activities are primarily non-profit in nature.[1]

[1] Editor’s Note: Former Subsection B(25), Electric vehicle supply equipment, which immediately followed this subsection, was repealed 7-18-2019.

C. Area and dimensional requirements.

(1) Minimum lot area:

(a) With public sewer: 30,000 square feet.

(b) Without public sewer: one acre, plus 10,000 square feet for each 200 gallons per day of sewage effluent after the first 200 gallons per day, unless the owner can show adequate plans for sewage disposal on a smaller lot.

(2) Minimum frontage requirement: 50 feet.

(3) Minimum lot width: 50 feet at the ten-foot setback line.

(4) Maximum yard depth:

(a) Front yard: 8 feet.

(5) Minimum yard depth:

(a) Side yard: five feet.

(b) Rear yards: 10 feet.

(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.

(2) Other land use activities which are specifically prohibited within this district include, but are not necessarily limited to, the following:

(a) Sexually oriented businesses.

(b) Wireless communication facilities.

(c) Uses which are not expressly permitted in subsection B of this section.

G. Parking. Parking shall be as provided in Chapter 170, Land Development Control Regulations.

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.

(1) Uses permitted by special exception:

(a) Product assembly.

(b) Equipment fit-up and repair.

(c) Research and development facilities including industrial and environmental testing laboratories.

(d) Automobile repair and restoration.

(e) Wood and metal craft work.

(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:

(a) The proposed special exception use is specified in Subsection H(1) above.

(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.

(f) The requested use otherwise complies with the provisions of Subsections C through G of this section.

(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) The use must continue as originally proposed, without enlargement or expansion.

(b) The special exception shall expire on the discontinuance of the use, or change to another use.

(c) The special exception shall expire after one year of inactivity or abandonment.

(5) Site plan review. An approved application for a special exception, in addition to any conditions imposed by the ZBA, shall be subject to site plan review in accordance with § 165-16 of this chapter and Chapter 170, Land Development Control Regulations

§ 165-34 Office/Business District (OBD).

[Amended 12-21-2004; 10-21-2005; 11-1-2005; 10-17-2019; 2-21-2025]

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:

(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.

(21) Retail sales establishment as provided in Subsection D.

C. Prohibited uses. Land use activities which are not specifically listed are considered prohibited within this district.

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.

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:

(a) Any additions to existing structures must comply with setbacks for new construction {Subsection E(2)(a)[4]} and maximum lot coverage restrictions (Subsection I).

(b) The exterior of the existing structure shall retain a residential appearance.

(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) The nonresidential use shall comply with the following lot area, dimensional, and yard requirements:

[1] Minimum lot area: 10,000 square feet;

[2] Minimum frontage requirement: 100 feet.

[3] Minimum lot width: 100 feet at the street line;

[4] Minimum building setbacks:

[a] Front yard: 20 feet from the edge of the street right-of-way;

[b] Side and rear yards: 15 feet each from the property line.

[5] Height restrictions: no taller than three stories.

(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:

[1] The height, bulk and area of the structure;

[2] The type and the pitch of the roof;

[3] The size and the spacing of the windows, doors and other openings;

[4] The size, type and location of towers, chimneys and roof structures; and

[5] The exterior colors and materials.

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.]

G. Parking.

(1) General provisions.

(a) Residential use and multi-unit residential. Off-street parking shall be provided in accordance with the provisions of 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;

(d) No parking will be allowed within the designated buffer zone. (See Subsection H for buffer zone provisions.)

(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:

(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.

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.

L. Conflicting provisions. Where the provisions of this section conflict with any other provision of this chapter or Chapter 170, Land Development Control Regulations, the more restrictive provision shall take precedence.

§ 165-35 Office/Medical/Business District (OMB).

[Amended 10-21-2003, effective 11-21-2003; 4-17-2007; effective 5-17-2007; 6-19-2013, effective 7-19-2013; 2-21-2025; 11-18-2025]

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).

(5) Wireless communications facilities.

(6) Congregate-care facilities; assisted-living facilities.

(a) Congregate-care facilities and assisted-living facilities shall be exempt from Article XIV, Growth Management. There shall be a deed restriction that these facilities cannot be converted into multifamily units.

(b) Maximum building structure height : 60 feet.

(c) These facilities shall be subject to the Architectural Design Review Regulations contained within Article XIV of the Land Development Control Regulations (LDCR).[1]

[1] Editor's Note: See Ch. 170, Land Development Control Regulations.

(7) Asian Bodywork Therapist/Reflexology/Structural Integrator.

(8) Dwelling, multi-family.

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) Sexually oriented businesses as set forth in Article III, § 165-27.

(b) Uses which are not expressly permitted in Subsection B of this section.

D. Area and dimensional requirements.

(1) Minimum lot area:

(a) With public sewer: 30,000 square feet.

(b) Without public sewer: one acre, plus 10,000 square feet for each 200 gallons per day of sewage effluent after the first 200 gallons per day, unless the owner can show adequate plans for sewage disposal on a smaller lot.

(2) Minimum frontage requirement: 125 feet.

(3) Minimum lot width: 125 feet at the thirty-five-foot front setback line.

(4) Minimum yard depths:

(a) Front yard: 35 feet.

(b) Side and rear yards: 20 feet.

E. Multi-family residential uses are only permitted as a mixed use in conjunction with permitted non-residential uses and shall be approved through a conditional use permit issued by the Planning Board following a duly noticed public hearing, pursuant to RSA 674:21, II. The public hearing shall take place at the same time as the hearing to review the site plan for the project.

(1) When an existing building is being converted to multi-family or mixed use purposes, an exemption is permitted for setbacks, height, or frontage, providing the original building's height, floor area, and setbacks do not change.

(2) Density. Not to exceed 12 units per acre.

(3) The non-residential use portion of the building shall be a minimum of 25% of the total gross square feet of the building. Applicants may request a reduction in the percentage of non-residential use for projects that create workforce housing as defined in RSA 674:58-61.

(4) 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.

(5) Appeals. Appeals concerning the issuance of the conditional use permit shall be to Superior Court as provided for in RSA 676:15.

F. Conditional use permit. The Planning Board may issue a conditional use permit to allow a mixed-use multi-family dwelling in the OMB District subject to the terms of this section, if the Board determines the proposal conforms to all of the following conditional use permit criteria (except for specific criteria that are deemed by the Planning Board to not be pertinent to the application).

(1) Site suitability. The site is suitable for the proposed use. This includes:

(a) The availability of appropriate utilities to serve the intended use including water, sewage disposal, stormwater disposal, electricity, and similar utilities.

(2) Availability of public services and facilities. Adequate and lawful facilities or arrangements for sewage disposal, solid waste disposal, water supply, utilities, drainage and other necessary public or private services, are approved or assured to the end that the use will be capable of proper operation. In addition, it must be determined that these services will not cause unnecessary demand on municipal services, including but not limited to, water, sewer, and waste disposal.

§ 165-36 Office/Research and Development District (ORD).

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) Grocery and convenience stores.

(b) Gasoline stations.

(c) Sales, repair and/or service facilities intended principally for motor vehicles.

(d) Fast-food sales.

(e) Video rentals.

(f) Other retail businesses.

(g) Sexually oriented businesses as set forth in Article III, § 165-27.

D. Buffer zones. Buffer zones shall be established in accordance with the provisions of Article III, § 165-23.

E. Area and dimensional requirements.

(1) Minimum lot area. The minimum lot area required shall be three acres, or larger, as shall be determined by the soils-based lot size determination provisions of Chapter 170, Land Development Control Regulations.[1]

[1] Editor's Note: See Ch. 170, § 170-5C.

(2) Minimum frontage requirement: 200 feet.

[Added 10-21-2003, effective 11-21-2003[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection E(2) and (3) as Subsection E(3) and (4).

(3) Minimum lot width: 200 feet at the thirty-foot setback.

(4) Minimum yard depths:

(a) Front yard: 30 feet.

(b) Side and rear yards: 20 feet.

§ 165-37 Neighborhood Commercial District (NC).

[Amended 5-6-2003; 6-5-2007; 11-18-2025]

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." The NC district is intended to provide an opportunity for the development of both retail and commercial facilities in the proximity of residential neighborhoods. 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. Permitted uses within an NC District. Only the following uses shall be permitted within an NC District:

(1) Bed-and-breakfast.

(2) Brew pub.

(3) Commercial service establishment.

(4) Daycare.

(5) Dwelling, multi-family as a mixed use, combined with a permitted non-residential use.

(6) Dwelling, single-family detached.

(7) Home occupation/business.

(8) Inn.

(9) Medical office.

(10) Office.

(11) Professional office.

(12) Restaurant.

(13) Retail sales establishment.

C. Area and dimensional requirements.

(1) Minimum lot area: 7,500 square feet.

(2) Minimum frontage: 75 feet.

(3) Minimum setbacks.

(a) Front setback along Folsom Road: 35 feet; front setback elsewhere in the district is 20 feet.

(b) Side and rear setbacks shall be 15 feet.

(4) Lot coverage. Not more than 70% 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 be no taller than three stories. A story for the NC District is defined at 10 feet.

D. Buffer zone. When a non-residential use in this district abuts a residential use in this district, or abuts a residential district, a buffer zone may be established to help diminish the impacts of the non-residential use on the abutting residential use or district. The buffer design shall be determined subject to a conditional use permit issued by the Planning Board, notwithstanding any buffering requirements stipulated elsewhere in this chapter, which shall consider the requirements of the Land Development Control Regulations, § 170-64, and be based on the following findings of fact.

(1) The buffering required shall directly address mitigation of impacts identified during application review and public meetings. In the absence of identified impacts, no buffering shall be required.

(2) The net buildable area of the subject parcel shall not be sufficiently encumbered by the buffer design so as to create an unreasonable hardship on development for a permitted non-residential use.

(3) The design of the buffer shall be the least intrusive available means to achieve effective mitigation of demonstrated impacts on the abutting residential use or district.

(4) Buffering shall only be required to mitigate demonstrated impacts directly related to expansion of the original building, expansion of the original driveway and parking areas, expansion of appurtenances directly related to the non-residential use, expansion of on-site lighting, or increases in noise perceived at the abutting properties.

(5) Limitation of the allowed lighting design for the proposed non-residential use shall be considered in preference to additional buffering, in cases where the impact is light pollution.

E. Architectural design requirements. Architecture shall be subject to the architectural design regulations contained within Chapter 170, the Land Development Control Regulations.

§ 165-38 Manufactured Housing Park District (MHPD).

[Amended 4-19-2005; 6-5-2007; 11-18-2025]

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.

(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.

(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]

[1] Editor's Note: See Ch. 170, § 170-6E.

(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.

(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.

(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.

(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.

(b) Each space shall include provision for at least one off-street parking space, 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 reinforced concrete housing slab, which meets the State of NH Installation Standards for Manufactured Housing.

(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.

(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.

(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.

§ 165-39 Industrial District-I (IND-I).

[Amended 10-21-2003; 5-6-2003]

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
	Distribution and fulfillment center
	Freight terminal
	Fuel and storage tanks
	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. Area and dimensional requirements.

(1) Minimum lot area: one acre (43,560 square feet).

(2) Minimum frontage requirement: 125 feet.

(3) Minimum lot width: 125 feet at the thirty-foot front setback line.

(4) Minimum yard depths:

(a) Front yard: 30 feet.

(b) Side and rear yards: 20 feet.

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.

(3) All connections to the Town water and sewer systems shall be made in strict conformity with Chapter 122, Sewers, Chapter 156, Water, the Water Main Specifications, and the Sewer and Water Service Connection Specifications of the Town of Derry.

(4) In the event that Town water and sewer services are not available, state-approved water and sewer systems shall be required.

G. Buffer zones. Buffer zones shall be established in accordance with the provisions of Article III, § 165-23.

H. Off-street parking. Off-street parking shall be provided in accordance with the provisions of Chapter 170, Land Development Control Regulations.

§ 165-40 Industrial District-II (IND-II). [1]

[Added 11-18-2025]

A. Purpose. To encourage land uses that utilize local infrastructure, foster diverse growth opportunities, and create employment for regional residents, leveraging the area's convenient highway access.

B. Permitted uses. The following uses shall be permitted within the Industrial District-II:

(1) Aeroponics.

(2) Aquaponics.

(3) Artist/artisan/craftsman.

(4) Automobile repair.

(5) Bank.

(6) Brewery.

(7) Brew pub.

(8) Building material storage yard.

(9) Care and treatment of animals.

(10) Commercial service establishment.

(11) Commercial kitchen, commissary, or demonstration kitchen.

(12) Commercial performing and fine arts schools and studios.

(13) Contractor.

(14) Conference center.

(15) Cowork offices.

(16) Crematorium.

(17) Cultural facilities.

(18) Dwelling, multi-family.

(19) Distribution and fulfillment center.

(20) Electric vehicle supply equipment.

(21) Equipment upfit.

(22) Farmers' market.

(23) Filling station.

(24) Food hall.

(25) Freight/trucking terminal.

(26) Fuel and storage tanks.

(27) Group day care facility.

(28) Hotel.

(29) Hydroponic agriculture.

(30) Indoor commercial recreational facility.

(31) Indoor farming.

(32) Industrial establishment.

(33) Industrial establishment, light.

(34) Industrial supply.

(35) Laboratory: research, experimental, testing.

(36) Light manufacturing.

(37) Makerspace.

(38) Manufacturing.

(39) Microbrewery.

(40) Media production or recording studio.

(41) Medical office building.

(42) Pet day care and boarding.

(43) Printer.

(44) Professional office.

(45) Professional training, tutoring, testing and certification center.

(46) Research and development facility.

(47) Research lab.

(48) Restaurant.

(49) Restaurant, drive-in.

(50) Retail sales establishment.

(51) Sports wagering.

(52) Television broadcasting.

(53) Transportation center.

(54) Warehouse.

(55) Wholesale business.

(56) Existing residential uses (single-family, two-, three-, and four-family dwelling units) existing as of the effective date of this amendment (11-18-2025), shall be considered legal, permitted uses.

C. Sexually oriented businesses are specifically prohibited in this district.

D. Area and dimensional requirements.

(1) Minimum lot area: 20,000 square feet.

(2) Minimum frontage requirements: 100 feet.

(3) Minimum lot width: 100 feet at the 30-foot front setback line.

(4) Minimum yard depths:

(a) Front yard: 30 feet.

(b) Side and rear yards: 15 feet.

(5) Building height. Buildings in this district shall be no higher than five stories.

E. Water and sewer services.

(1) Municipal water service shall be used if said municipal water is located within 100 feet of a property line of a parcel under consideration, as required by Chapter 156, Water.

(2) Municipal sewer service shall be used if said municipal sewer is located within 100 feet of a property line of a parcel under consideration, as required by Chapter 122, Sewers.

(3) All connections to the town water and sewer systems shall be made in strict conformity Chapter 122, Sewers, Chapter 156, Water, and the sewer and water service connection specifications of the Town of Derry.

(4) If municipal water and sewer utilities are not available, state-approved water and septic systems shall be required.

F. Buffer zones. Buffer zones shall be established in accordance with the provisions of Article III, § 165-23, and Chapter 170, Land Development Control Regulations.

G. Off-street parking. Off-street parking shall be provided in accordance with the provisions of Chapter 170, Land Development Control Regulations.

H. Multi-family dwelling requirements.

(1) Multi-family residential uses are only permitted as a mixed use in conjunction with permitted non-residential uses and shall be approved through a conditional use permit issued by the Planning Board following a duly noticed public hearing, pursuant to RSA 674:21, II. The public hearing shall take place at the same time as the hearing to review the site plan for the project.

(2) When an existing building is being converted to multi-family or mixed use purposes, an exemption is permitted for setbacks, height, or frontage, providing the original building's height, floor area, and setbacks do not change.

(3) Density. Not to exceed 20 units per acre.

(4) The non-residential use portion of the building shall be a minimum of 25% of the total gross square feet of the building. Applicants may request a reduction in the percentage of non-residential use for projects that create workforce housing as defined in RSA 674:58-61.

(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.

(6) Appeals. Appeals concerning the issuance of the conditional use permit shall be to Superior Court as provided for in RSA 676:15.

I. Conditional use permit. The Planning Board may issue a conditional use permit to allow a mixed-use multi-family dwelling in the IND-II District subject to the terms of this section, if the Board determines the proposal conforms to all of the following conditional use permit criteria (except for specific criteria that are deemed by the Planning Board to not be pertinent to the application).

(1) Site suitability. The site is suitable for the proposed use. This includes:

(a) The availability of appropriate utilities to serve the intended use including water, sewage disposal, stormwater disposal, electricity, and similar utilities.

(2) Availability of public services and facilities. Adequate and lawful facilities or arrangements for sewage disposal, solid waste disposal, water supply, utilities, drainage and other necessary public or private services, are approved or assured to the end that the use will be capable of proper operation. In addition, it must be determined that these services will not cause unnecessary demand on municipal services, including but not limited to, water, sewer, and waste disposal.

[1] Editor’s Note: Former § 165-40, Industrial District-II, was repealed 6-15-2004. The lots in this district were rezoned to the General Commercial District II. (See § 165-32.1.)

§ 165-41 Industrial District-III (IND-III).

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]

[1] Editor's Note: See Ch. 170, § 170-5C.

(2) Minimum frontage requirements: 125 feet.

[Added 10-21-2003[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection C(2) and (3) as Subsection C(3) and (4).

(3) Minimum lot width: 125 feet at the thirty-foot front setback line.

(4) Minimum yard depths:

(a) Front yard: 30 feet.

(b) Side and rear yards: 20 feet.

D. Building height. Building heights of up to 100 feet shall be permitted, notwithstanding any other provision of this chapter.

E. Buffer zones. Buffer zones shall be established in accordance with the provisions of Article III, § 165-23.

F. Off-street parking. Off-street parking shall be provided in accordance with the provisions of Chapter 170, Land Development Control Regulations.

§ 165-42 Industrial District-IV (IND-IV).

[Amended 11-21-2003; 6-14-2012; 2-27-2020; 4-15-2021; 11-18-2025]

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) Distribution and fulfillment center.

(12) Electric vehicle supply equipment.

(13) Freight/Trucking terminal.

(14) Fuel and storage tanks.

(15) Hotel.

(16) Hydroponic agriculture.

(17) Indoor commercial recreational facility.

(18) Indoor farming.

(19) Industrial establishment.

(20) Industrial establishment, light.

(21) Industrial supply.

(22) Laboratory; research, experimental, testing.

(23) Light manufacturing.

(24) Manufacturing.

(25) Microbrewery.

(26) Media prodcution 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.

C. Area and dimensional requirements.

(1) Minimum lot area: one acre (43,560 square feet).

(2) Minimum frontage requirements: 125 feet.

(3) Minimum lot width: 125 feet at the thirty-foot front setback line.

(4) Minimum yard depths:

(a) Front yard: 30 feet.

(b) Side and rear yards: 20 feet.

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.

(3) All connections to the Town water and sewer systems shall be made in strict conformity with Chapter 122, Sewers, Chapter 156, Water, the Water Main Specifications, and the Sewer and Water Service Connection Specifications of the Town of Derry.

(4) In the event that Town water and sewer services are not available, state-approved water and sewer systems shall be required.

F. Buffer zones. Buffer zones shall be established in accordance with the provisions of Article III, § 165-23.

G. Off-street parking. Off-street parking shall be provided in accordance with the provisions of Chapter 170, Land Development Control Regulations.

§ 165-43 Industrial District-V (IND-V).

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:

(1) The manufacture of various products as follows:

	Appliances
	Building material
	Clothing
	Electronic assembly and software development
	Furniture
	Instruments
	Office supplies
	Photographic and optical products
	Textiles
	Wood and metal products

(2) Other uses as follows:

(a) Building materials storage and wholesale.

(b) Self-storage facility with ancillary truck rental use.

(c) Warehouse.

(3) Agricultural and forestry uses.

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:

(a) Sexually oriented businesses as set forth in Article III, § 165-27.

(b) Uses which are not expressly permitted in Subsection B.

(c) Wireless communications facilities.

E. Area and dimensional requirements.

(1) Minimum lot area: one acre (43,560 square feet).

(2) Minimum frontage requirements: 125 feet.

[Added 10-21-2003[1]]

[1] Editor's Note: This ordinance also redesignated former Subsection E(2) and (3) as Subsection E(3) and (4).

(3) Minimum lot width: 125 feet at the thirty-foot front setback line.

(4) Minimum yard depths:

(a) Front yard: 30 feet.

(b) Side and rear yards: 20 feet.

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.

(3) All connections to the Town water and sewer systems shall be made in strict conformity with Chapter 122, Sewers, Chapter 156, Water, the Water Main Specifications, and the Sewer and Water Service Connection Specifications of the Town of Derry.

(4) In the event that Town water and sewer services are not available, state-approved water and sewer systems shall be required.

H. Buffer zones. Buffer zones shall be established in accordance with the provisions of Article III, § 165-23.

I. Off-street parking. Off-street parking shall be provided in accordance with the provisions of Chapter 170, Land Development Control Regulations.

§ 165-43.1 (Reserved) [1]

[1] Editor's Note: Former § 165-43.1, Industrial District-VI (IND-VI), adopted 2-17-2004, was repealed 11-18-2025.

§ 165-44 Multifamily Residential District (MFR).

A. Permitted uses. The uses permitted within this district shall be limited to the following:

(1) Single-family detached dwelling.

[Amended 5-7-2015]

(2) Two-family dwellings.

(3) Multifamily dwellings.

(4) Accessory apartments (must also comply with the provisions of § 165-25).

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.

(d) Minimum yard depths.

[1] Front yard shall be 35 feet.

[2] Side and rear yards shall be 15 feet.

(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]

(b) Minimum lot frontage. The minimum lot frontage shall be 150 feet.

[Added 10-21-2003[2]; amended 5-7-2015]

[2] Editor's Note: This ordinance also redesignated former Subsection B(2)(b) through (d) as Subsection B(2)(c) and (e).

(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]

§ 165-45 Medium-High Density Residential District (MHDR).

A. Permitted uses. The uses permitted within this district shall be limited to the following:

(1) Single-family detached dwelling.

[Amended 5-7-2015]

(2) Two-family dwellings.

(3) Multifamily dwellings.

(4) Accessory apartments (must also comply with the provisions of § 165-25).

(5) Commercial performing and fine arts schools and studios.

[Added 7-7-2015, effective 8-6-2015]

(6) Private schools.

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.

(d) Minimum yard depths.

[1] Front yard shall be 35 feet.

[2] Side and rear yards shall be 15 feet.

(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]

(b) Minimum lot frontage: 150 feet.

[Added 10-21-2003[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection B(2)(b) through (d) as Subsection B(2)(c) through (e).

(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).

(b) Minimum lot frontage: 125 feet.

[Added 10-21-2003[3]]

[3] Editor's Note: This ordinance also redesignated former Subsection B(3)(b) through (g) as Subsection B(3)(c) through (h).

(c) Minimum lot width: 125 feet at the front lot line and 125 at the thirty-foot front setback line.

(d) Minimum yard depths.

[1] Front yard: 30 feet.

[2] Side and rear yards: 20 feet.

(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:

(a) Lawyer, doctor, clergyman, real estate agent, insurance agent, or similar recognized profession or business.

(b) Artist, artisan or craftsman.

(c) Tradesman or repairman.

(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.

(4) Nothing in this Subsection D shall be construed to allow sexually oriented businesses within this district.

§ 165-45.1 Medium-High-Density Residential District II (MHDR-II).

[Added 11-1-2005]

A. Permitted uses. The uses permitted within this district shall be limited to the following:

(1) Single-family detached dwellings.

(2) Accessory apartments (must also comply with the provisions of § 165-25).

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).

(b) Minimum lot frontage.

[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.

(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.

(d) Minimum yard depths.

[1] Front yard shall be 35 feet.

[2] Side and rear yards shall be 15 feet.

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:

(a) Lawyer, doctor, clergyman, real estate agent, insurance agent, or similar recognized profession or business

(b) Artist, artisan or craftsman

(c) Tradesman or repairman

(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).

(4) Nothing in this Subsection C shall be construed to allow sexually oriented businesses within this district.

§ 165-46 Medium Density Residential District (MDR).

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:

(a) Lawyer, doctor, clergyman, real estate agent, insurance agent, or similar recognized profession or business.

(b) Artist, artisan or craftsman.

(c) Tradesman or repairman.

(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.

(4) Nothing in this Subsection B shall be construed to allow sexually oriented businesses within this district.

C. Single-family detached dwellings, in conventional subdivisions.

(1) Minimum lot area.

(a) The minimum lot area required shall be one acre or larger as shall be determined by the soils-based lot size determination provisions of Chapter 170, Land Development Control Regulations.[3]

[3] Editor's Note: See Ch. 170, § 170-25.

(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]

(2) Minimum lot frontage: The minimum frontage required in this district shall be 125 feet.

[Added 10-21-2003[4]]

[4] Editor’s Note: This ordinance also redesignated former Subsection C(2) and (3) as Subsection C(3) and (4).

(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.

(3) Provisions. The area and dimensional requirements for individual lots within a manufactured housing subdivision shall be the same as those which apply to conventional single-family subdivisions in this district. [See Subsection C(1), (2) and (3).]

(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:

(a) They shall be a minimum of 25 feet wide.

(b) They shall be no closer than 250 feet to any existing residence or center line of any existing residential curb cut, whichever is closer.

(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.

(6) Camping spaces. Each camping space shall:

(a) Contain a minimum land area of 2,000 square feet, not including roads and access drives.

(b) Have, as part of the two-thousand-square-foot area, a minimum of 200 square feet for off-street parking.

(c) Be at least 40 feet wide.

(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.

(10) Nothing in this Subsection E shall be construed to permit a sexually oriented business within a campground.

§ 165-47 Low-Medium Density Residential District (LMDR).

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.

(1) Minimum lot area. The minimum lot area required shall be two acres, or larger, as shall be determined by the soils-based lot size determination provisions of Chapter 170, Land Development Control Regulations.[1]

[1] Editor's Note: See Ch. 170, § 170-25B.

(2) Minimum lot frontage: The minimum lot frontage required in this district shall be 150 feet.

[Added 10-21-2003[2]]

[2] Editor’s Note: This ordinance also redesignated former Subsection B(2) and (3) as Subsection B(3) and (4).

(3) Minimum lot width. The minimum lot width required in this district shall be 150 feet at the thirty-five-foot front setback line or 150 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.

C. Manufactured housing subdivisions. See § 165-46D.

D. Campgrounds. See § 165-46E.

§ 165-48 Low Density Residential District (LDR).

A. Permitted uses.

(1) All uses allowed in Article VI, § 165-46A(1) through B(3).

(2) Golf course/country club.

B. Area and dimensional requirements:

(1) Minimum lot area. The minimum lot area required shall be three acres, or larger, as shall be determined by the soil-based lot size determination provisions of Chapter 170, Land Development Control Regulations.[1]

[1] Editor's Note: See Ch. 170, § 170-25C.

(2) Minimum lot frontage. The minimum lot frontage required in this district shall be 200 feet.

[Amended 10-21-2003[2]]

[2] Editor’s Note: This ordinance also redesignated former Subsection B(2) and (3) as Subsection B(3) and (4).

(3) Minimum lot width. The minimum lot width required in this district shall be 200 feet at the thirty-five-foot front setback line.

[Amended 10-21-2003]

(4) Minimum yard depths. The minimum front yard shall be 35 feet; the minimum side and rear yards shall be 15 feet.

C. Manufactured housing subdivisions: See § 165-46D.

D. Campgrounds: See § 165-46E.

§ 165-49 Traditional Business Overlay District (TBOD).

[Amended 3-18-2003; 10-21-2003; 6-5-2007; 6-16-2015, effective 7-16-2015; 7-18-2019; 7-1-2021; 11-18-2025]

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:

(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.

(19) Any public uses or use by a semipublic agency whose activities are primarily non-profit in nature.

C. Area and dimensional requirements.

(1) Minimum lot area.

(a) With public sewer: 7,500 square feet.

(b) Without public sewer: one acre, plus 10,000 square feet for each 200 gallons per day of sewage effluent after the first 200 gallons per day, unless the owner can show adequate plans for sewage disposal on a smaller lot.

(2) Minimum lot frontage: 50 feet.

(3) Minimum lot width: 50 feet at the zero-foot front setback line.

(4) Yard depths.

(a) Front yard: zero feet.

(b) Side yards: no more than five feet.

(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 dwelling unit. Parking shall be located as otherwise provided in Chapter 170, Land Development Control Regulations.

(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:

(a) Sexually oriented business as set forth in Article III, § 165-27.

(b) Wireless communication facilities.

(c) Uses that are not expressly permitted in Subsection B.

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.