This chapter shall be known, and may be cited
as, the "Land Use Code of the City of Nashua."
[Amended 10-27-2015 by Ord. No. O-15-063]
A.
The requirements of this chapter, as amended from time to time, shall apply to all development or changes in land use within the municipal borders of the City of Nashua, including those undertaken by the City of Nashua and its constituent and affiliated agencies, departments and officials, to the fullest extent of the law, except when the City of Nashua acquires an interest in land for a highway as defined in RSA 229:1. If, as a result of the City acquiring said interest, there is a violation of this chapter on the private property remaining after partial acquisition, then that violation is deemed nonconforming and shall be governed by Article XII, Nonconformities.
B.
The requirement for an advisory opinion from the Historic District
Commission shall apply to that portion of Greeley Park bordered by
Manchester Street to the west and the tracks of the Boston and Maine
Railroad on the east, currently designated as lots 57-1 and 48-2.
[Added 10-24-2017 by Ord.
No. O-17-039]
This code implements the Master Plan of the
City of Nashua, adopted by the Planning Board on November 15, 2001,
and approved resolution of the Board of Aldermen on December 16, 2001.
Activities subject to this code shall comply with all other applicable requirements of the City Code, including but not limited to Chapters 105, 123 and 280 (relating to buildings), Chapters 110, 156 and 160 (relating to fire prevention), Chapter 255 (sewage disposal), and Chapters 195, 231 and 285 (relating to streets, management of public right-of-way).
Rules for interpreting this code, including definitions, are established in Article XLII of this code.
No development activity or change in land use shall commence or be established unless and until all applicable permits required by Part 3 of this chapter are approved and issued.
A.
Pursuant to RSA 356-B:5, this chapter does not prohibit
condominiums as such by reason of the form of ownership inherent therein.
In addition, this chapter does not treat any condominium differently
where it permits a physically identical project or development under
a different form of ownership.
B.
Proposed conversion condominiums and the use thereof
that do not conform to the zoning, land use and site plan regulations
of this chapter shall secure a conditional use permit and any other
required approvals prior to becoming a conversion condominium.
A.
A special use permit from the Planning Board under
RSA 674:21 II for development of a lot whose sole access from a public
street is by a right-of-way which was dedicated to public use by being
shown on a subdivision plan but which has been released and discharged
from all public servitude by vote of the aldermen or by lack of public
use under RSA 231:51 and 231:52. The special use permit shall be in
addition to the variance for such development required from the Zoning
Board of Adjustment.
B.
Application for a special use permit shall be on a form provided by the Planning Department, and the applicant is to pay the minimum application fee set forth in § 190-267, abutter notification costs, sign posting requirements in the same dollar amount established for site plan and subdivision applications. The applicant shall submit an abutter's list, information and plans detailing how the applicant satisfies the six conditions of approval listed in Subsection D of this § 190-8 to the applicable City department or other public utility. The Planning Department, Division of Public Works, Fire Rescue Department, Environmental Health Department, and applicable public utilities shall review and make a recommendation on the application and forward it to the Planning Department for consideration by Planning Board.
C.
A public hearing shall be required for a special use
permit under this section with the same abutter and public notice
as for a subdivision or site plan application.
D.
The special use permit shall be granted upon a finding
by the Planning Board that the proposed development fulfills all of
the following conditions:
(1)
Adequate access for proper water, sewer and other
utility connections;
(2)
Provision for snow removal and trash removal;
(3)
Proper drainage from driveway;
(4)
Adequate access for emergency vehicles;
(5)
Safe sight distance for driveway; and
(6)
No other substantial adverse impact on public health
and safety.
A.
Purpose of the Land Use Code. The major purpose of
the Land Use Code is to implement the City's adopted Master Plan.
It is designed to provide the rules about what is expected of applicants
in order to gain approval to develop land in the City. This executive
summary describes how the Land Use Code is structured. It describes
how to navigate the Code, the major topics covered in each article,
and how the sections are numbered (consistent with the format of other
City Code provisions). The Land Use Code is available online at the
Planning Department's Web site: http://www.nashuah.gov/planning.
[Amended 2-26-2008 by Ord. No. O-08-07]
B.
Navigating the Land Use Code. The Land Use Code is
comprehensive in scope and is not intended to be read from cover to
cover. It is organized so readers may look up only the parts they
need. The list of articles and divisions in the table of contents
shows the main topics and overall organization of the Land Use Code,
while the section listings at the beginning of each division provide
more detail about the subjects addressed. Later portions of this introduction
explain different ways to use the Land Use Code to answer frequently
asked questions. There are many other ways to use this Land Use Code,
depending on your objectives.
C.
Land Use Code organization.
(1)
The numbering system is consistent with the system used throughout the City's Code. The Land Use Code is Chapter 190 of the City Code. Chapter 190 is divided into Parts, which are divided into articles, which are divided into sections and subsections as follows:
|
1
|
I
|
§ 190-1
|
A
|
(1)
|
(a)
| |
|---|---|---|---|---|---|---|
|
Part
|
Article
|
Section
|
Subsections
| |||
(2)
Outside the section. When a reference is to text outside of the same section, the reference number starts with the Article number and continues to the appropriate level for the reference. The names "Land Use Code" and "chapter" are used if the reference is to the entire Land Use Code or Chapter 190.
(3)
Within the section. When a reference is to text within
the same section, the name of the subsection is used, and the reference
"number" starts with the appropriate subsection number.
(4)
Purpose statements. The beginning of most Parts, articles,
and sections include an italicized purpose statement. The purpose
statement summarizes the Master Plan policies that the section is
designed to implement, other relevant public policies, and fact-findings
governing the section. These purpose statements provide the basis
for the development standards, but are not standards. In other words,
an application for approval of a development cannot be denied because
of a conflict with the purpose statement. However, an application
will be denied where it conflicts with the standards.
D.
Contents of the Land Use Code. Major topics within
the chapter are called Parts. The Parts are summarized below.
(1)
Part 1 includes background material germane to the
entire Land Use Code. It describes the purpose and scope of the ordinance,
and sets the stage for the remainder of the document.
(2)
Part 2.
(a)
Part 2 is the City's zoning ordinances. This article establishes the zoning districts, overlay zoning districts, and special zoning districts as well as use regulations, and bulk and dimensional standards. These regulations establish the uses that are permitted in each zone. They also state which uses are allowed in limited situations, known as "conditional uses," and which are prohibited. Development standards for each base district are also included.
(b)
Section 190-11 lists the zoning districts. A summary schedule showing the permitted uses and special uses in all districts is presented in § 190-15. This schedule is referred to as the "Use Matrix." A summary schedule showing the minimum lot size, density, intensity, height, and open space percentage in all districts is presented in § 190-16. This schedule is referred to as the "Dimensional Matrix."
(c)
To avoid repetition, Article VI of Part 2 contains regulations for specific uses and development types that apply in all base districts. Examples include attached dwellings, home occupations, and cell towers. These uses may or may not be permitted as of right or as a conditional use, depending on how they are listed in the particular district under the Use Matrix. The standards are designed to address particular issues that are raised by the particular use.
(e)
Special districts and overlay districts. Overlay
districts consist of regulations that address specific subjects that
may apply to a variety of areas in the City, such as requirements
for historic districts and landmarks. Special districts are regulations
that are tailored to a specific area of the City or to a specific
type of development. The Zoning Map identifies overlay districts as
well as the base zoning districts and other information.
(3)
Part 3 describes how to obtain a permit and describes
what happens if the Land Use Code is violated. It consolidates permitting
procedures ranging from legislative decisions (such as rezoning),
administrative decisions (subdivision and site plan approval; variances),
and ministerial decisions (e.g., building permits). It also contains
enforcement procedures.
(4)
Part 4 contains the development standards applicable
to subdivision plans and site plans. Some of these standards may also
apply to building permits where indicated by Part 2.
(5)
Part 7 formally establishes the agencies involved
in the permitting process: Planning Board, Zoning Board of Adjustment,
Historic District Commission, and Conservation Commission.
(6)
Part 8, Articles XLII and XLIII, are technical sections needed to administer and interpret the ordinance. Article XLII includes the definition of terms and phrases used throughout the ordinance. Article XLIII is the checklist of information that must be submitted in order to have a complete application.
E.
Using the Land Use Code.
(1)
Determining where a specific use may locate.
(a)
To determine what base district a specific use may be located, the user must first determine what land use category it is in. Use the Use Matrix (§ 190-15, Table 15-1) to look up a specific use. These are listed by category (for example, retail sales or heavy industry) rather than types of business. If there is a question as to how the use is defined, the Land-Based Classifications (LBCS) published by the American Planning Association and/or the North American Industrial Classification System (NAICS) should be consulted. These resources are comprehensive classification systems for land uses or industries that are cross referenced in the Land Use Code. [Reference: See Article XLII.]
(b)
Then, look at the Use Matrix to see the status of the particular land use. Land use categories may be allowed by right, allowed only as a conditional use (with additional conditions possible), or prohibited. You should also check Article VI for supplemental use regulations because some uses are subject to special standards.
(c)
Finally, although a base district may allow
a use, a specific site may be subject to additional regulations from
an overlay district or special district. The regulations of the overlay
district or special district supersede the regulations of the base
district and may affect the uses allowed and conditions required,
so those regulations should also be consulted.
(2)
Determining which procedures apply. Each section of Part 3, Procedures, describes the procedures for zoning, subdivision and site plan approval. Each section includes a subsection entitled "Applicability." This subsection describes the situations where a particular process is needed. If the section applies, the reader should then consult the other subsections, which describe how an application is initiated, how an application is processed, the criteria for review, and cross references to other parts of the Land Use Code. In addition, most sections have a subsection entitled "Scope of approval" which describes the rights granted to an applicant by the issuance of approval of the permit. Keep in mind that not all permits entitle an applicant to begin construction. In fact, most simply allow an applicant to proceed to the next step in the approval process.
(3)
Determining the standards applicable to a site.
(a)
If the site only requires zoning approval, consult the Dimensional Matrix (§ 190-16, Table 16-3) to determine the density, setbacks, height and other restrictions.
(b)
If subdivision or site plan approval is required,
proceed to Parts 3 through 6 to determine the standards that apply.
Read the sections entitled "Applicability" carefully, because some
of these standards apply only to certain types of situations.
