Article IV Overlay Districts

In addition to the limitations and requirements set forth in the other articles of this Part 2 for various zoning districts within the City, any use, structure or object of natural growth situated within the limits of Airport Approach Zones and other restricted areas shall be further governed by the limitations of this section.

All other articles of this Part 2, including those relating to permits, nonconforming uses and variances, shall, where applicable, apply to the persons and subject matter governed by this Part 2.

Prior to filing an application for development approval within the Airport Approach Zone, the applicant shall submit a Federal Aviation Administration (FAA) Form 7460-1 to the FAA, and shall submit the comments of the FAA as part of the application for approval.

Establishment of airport approach plans. Any publicly owned airport or privately owned airport licensed for commercial operations, existing or which may be developed, shall have an airport approach plan prepared by the New Hampshire Aeronautics Commission in accordance with RSA 424 as last amended. The airport approach plan for the Boire Field, adopted by the New Hampshire Aeronautics Commission February 12, 1968, is hereby declared to be part of this section.

Boire Field airport approach plan.

This airport approach plan, prepared under the authority of RSA 424:3, is based upon the ultimate development of a general aviation type airport with a runway 14/32 6,000 feet and a primary surface 6,400 feet by 1,000 feet.

[Amended 10-23-2018 by Ord. No. O-18-027]

Federal Aviation Regulations, Part 77, effective May 1, 1965, establishes the standards used to determine the limit of height of obstructions in the vicinity of the airport.

The limit of height of obstructions shall be:

In the approach zone to Runway 32 (SE end), which is 1,000 feet wide at a point 200 feet from the end of the runway and 3,500 feet wide at a point 10,200 feet from the end of the runway, an inclined plane of 34:1 slope.

[Amended 10-23-2018 by Ord. No. O-18-027]

In the approach zone to Runway 14 (NW end), which is 1,000 feet wide at a point 200 feet from the end of the runway and 4,000 feet wide at a point 10,200 feet from the end of the runway, an inclined plane of 50:1 slope, widening thereafter to 16,000 feet at a point 50,200 feet from the end of the runway, an inclined plane of 40:1 slope.

[Amended 10-23-2018 by Ord. No. O-18-027]

On the sides of the primary and approach surfaces, an inclined plane of 7:1 slope from the edges of those surfaces. This subsection does not limit the height of a structure or tree to less than 30 feet above the ground upon which it is located.

Within 7,000 feet of the airport reference point 150 feet above the airport, 349 feet above sea level.

Between 7,000 feet and 12,000 feet from the airport reference point, a conical surface with a slope of 20:1 measured in a vertical plane passing through the center of the airport.

The airport reference point is located on the center line of the runway, 3,000 feet from the southeast end of the runway, and the airport elevation is 200.38 feet above mean sea level (USGS Datum).

[Amended 10-23-2018 by Ord. No. O-18-027[1]]

Editor’s Note: This ordinance also repealed former Subsection C(5), regarding noise compatibility zones, which immediately followed this subsection.

Height limits. No structure or tree shall be erected, altered or allowed to grow within an airport approach zone and adjacent area above a height of 30 feet above the ground on which it is located unless the inclined plane is more than 30 feet above the ground, in which case a structure or tree may be erected, altered or allowed to grow up to the level of the plane or the height limitation of § 190-16, whichever is less.

Permitted uses.

Notwithstanding any other provisions of this Part 2 no use may be made of land within the airport hazard area in such manner as to:

Create electrical or visual interference with any electronic facility or instrumentation, wherever located within the airport hazard area, including but not limited to, radio transmitters and receivers, radar installations, landing and navigational aids and weather instruments where such facilities are used in connection with the landing, taking off and maneuvering of aircraft;

Make it difficult for flyers to distinguish between airport lights and others;

Result in glare in the eyes of flyers using the airport;

Impair visibility in the vicinity of the airport;

Cause physical objects of any nature to penetrate, however briefly, the air space above the imaginary surfaces established in this article, such objects including but not limited to kites, balloons, projectiles, rockets, model aircraft, derricks and cranes, unless a special temporary permit be obtained from the authorities in charge of the affected airport;

Establish or alter privately owned flying fields, strips or heliports, unless found not to be objectionable after a special aeronautical study by federal aviation authorities;

(g)

Create bird strike hazards;

(h)

Otherwise endanger the landing, taking off, or maneuvering of aircraft.

Uses prohibited in the noise overlay zones shall be as specified in the Table of Land Use Compatibility Standards. Soundproofing shall be required for certain land uses in each of the noise overlay zones as shown in the Table of Land Use Compatibility Standards (Table 21-1 below). Where soundproofing is required, no building permits shall be issued until the applicant has demonstrated that the building design is capable of achieving the noise level reduction required in the Table of Land Use Compatibility Standards.

Table 21-1 Table of Land Use Compatibility Standards [Amended 10-23-2018 by Ord. No. O-18-027]
	Yearly Day/Night Average Sound Level (Ldn) in Decibels
Land Use	Below 65	65 to 70	70 to 75	75 to 80	80 to 85	Over 85
Residential
Residential (other than mobile homes and transient lodgings)	Y	N¹	N¹	N	N	N
Mobile home parks	Y	N	N	N	N	N
Transient lodgings	Y	N¹	N¹	N¹	N	N
Public Use
Schools	Y	N¹	N¹	N	N	N
Hospitals and nursing homes	Y	25	30	N	N	N
Churches, auditoriums, and concert halls	Y	25	30	N	N	N
Government services	Y	Y	25	30	N	N
Transportation	Y	Y	Y²	Y³	Y⁴	Y⁴
Parking	Y	Y	Y²	Y³	Y⁴	N
Commercial Use
Offices, businesses and professional	Y	Y	25	30	N	N
Wholesale and retail building materials, hardware, and farm equipment	Y	Y	Y²	Y³	Y⁴	N
Retail trade - general	Y	Y	25	30	N	N
Utilities	Y	Y	Y²	Y³	Y⁴	N
Communication	Y	Y	25	30	N	N
Manufactur- ing and Production
Manufacturing, general	Y	Y	Y²	Y³	Y⁴	N
Photographic and optical	Y	Y	25	30	N	N
Agriculture (except livestock) and forestry	Y	Y⁶	Y⁷	Y⁸	Y⁸	Y⁸
Livestock farming and breeding	Y	Y⁶	Y⁷	N	N	N
Mining and fishing, resource production and extraction	Y	Y	Y	Y	Y	Y
Recreational
Outdoor sports arenas and spectator sports	Y	Y⁵	Y⁵	N	N	N
Outdoor music shells, amphitheaters	Y	N	N	N	N	N
Nature exhibits and zoos	Y	Y	N	N	N	N
Amusements, parks, resorts, and camps	Y	Y	Y	N	N	N
Golf courses, riding stables, and water recreation	Y	Y	25	30	N	N

Key:

Y (Yes): Land use and related structures compatible without restrictions.

N (No): Land use and related structures are not compatible and should be prohibited.

NLR: Noise level reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of the structure.

25, 30 or 35: Land use and related structures generally compatible; measures to achieve NLR of 25, 30 or 35 dB must be incorporated into design and construction of structure.

Notes:
¹	Where the community determines that residential or school uses must be allowed, measures to achieve outdoor to indoor noise level reduction (NLR) of at least 25 dB and 30 dB should be incorporated into building codes and be considered in individual approvals. Normal residential construction can be expected to provide an NLR of 20 dB, thus, the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation and closed windows year round. However, the use of NLR criteria will not eliminate outdoor noise problems.
²	Measures to achieve NLR of 25 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise-sensitive areas or where the normal noise level is low.
³	Measures to achieve NLR of 30 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise-sensitive areas or where the normal noise level is low.
⁴	Measures to achieve NLR of 35 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise-sensitive areas or where the normal noise level is low.
⁵	Land use compatible, provided special sound reinforcement systems are installed.
⁶	Residential buildings require an NLR of 25.
⁷	Residential buildings require an NLR of 30.
⁸	Residential buildings not permitted.[2]

Editor's Note: Former Subsection F, Signs, and former Subsection G, Variances, both of which immediately followed this table, were repealed 10-23-2018 by Ord. No. O-18-027.

§ 190-22 Historic Districts.

Purpose and findings: This article contemplates that the future of the City will be enhanced by recognizing and strengthening the City's heritage. The preservation of structures and places of historic and architectural value is hereby declared to be a public purpose. This section:
(1)	Preserves districts in the City that reflect elements of its cultural, social, economic, political and architectural history;
(2)	Conserves property values in such districts;
(3)	Fosters civic beauty;
(4)	Strengthens the local economy; and
(5)	Promotes the use of Historic Districts for the education, pleasure and welfare of the citizens of the City.
The City hereby finds that the loss of historic or architecturally significant structures through demolition, alteration, moving or incompatible new construction contributes to the destruction of the unique character of the City.

Certificate of approval.

Written application for a certificate of approval shall be submitted to the Historic District Commission, through the Building Department Manager, stating the location and nature of the matter or item for which such certificate is sought. Taking into consideration the size and extent of the improvements or changes for which a permit is sought, the Commission may request of the applicant any site plans, building plans, elevation drawings, samples of materials, photographs, sketches or other information which may assist it in determining the appropriateness in question, and which are reasonable in consideration of the size of the project proposed.

Before passing on an application for a permit, and in reviewing the application, the Commission shall take into account the purpose of this section and consider the following:

The historical or architectural value of the building or structure and its setting; and

The general compatibility of exterior design, arrangement, texture and materials proposed to be used in relationship to the existing building or structure and its setting or if new construction, to the surrounding area; and

The general size and scale of new construction in relationship to the existing surroundings, including such factors as the building's overall height, width, street frontage, number of stories, type of roofs, facade openings (windows and doors), and architectural details; and

Other factors, including yards, off-street parking space, location of entrance drives, sidewalks, extent and coverage of pavement, signs and landscaping, which might affect the character of any building or structure within the district, and any other factor which relates to the appropriate setting for such structure or grouping of structures; and

The special character of the area including whether or not it is primarily residential or commercial; and

The economic activity of the building and the needs of that activity, and as it relates to the welfare of the community.

The Building Department Manager is not required to forward the following applications to the Historic District Commission for their review, provided the proposed project complies with the stipulations specified:

Ordinary maintenance and repair of any exterior architectural feature which does not involve a change in design, materials or outer appearance thereof;

Painting or repainting of a building or structure;

Roofing or reroofing of existing structures, provided that the roof plane remains the same;

Siding or re-siding of structures, provided that exterior architectural features (exclusive of existing siding material, such as clapboards, shingles) are not removed, destroyed or covered and provided that the siding is similar in style and appearance to the original construction;

Storm doors and storm windows, provided that original architectural features are not removed or destroyed.

All other construction, repairs, renovations, alterations not mentioned and all applications for moving or demolition are considered as coming within the scope of review of this article.

The Building Department Manager shall consult with the Historic District Commission on a periodic basis to review permits that have been issued to determine that the purposes of this section are being carried out.

Members of the Historic District Commission shall discuss any proposed changes with citizens or anyone contemplating work in a district even though a review is not required by this article.

Procedure for Commission review.

When an application is made to the building official for a building permit or demolition permit which comes within the scope of review of the Historic District Commission, the building official shall submit the application to the secretary of the Commission within three working days after the application is filed.

The Commission shall file with the building official either a certificate of approval or a notice of disapproval following the review and determination of the application. Such certificate shall be filed with the building official within 30 calendar days after the submission of the application to the secretary of the Commission unless the applicant shall agree in writing to a longer period of time. Failure to file a notice of disapproval within the specified time period shall constitute approval by the Commission.

No building permit or demolition permit may be issued by the building official until the Commission has either filed with the building official a certificate of approval or has failed to file a notice of disapproval within the specified time period.

The Commission shall hold a public hearing on all applications. Notice of the application and the date and time of the public hearing shall be given to the applicant and every abutting property owner whose property adjoins or is directly across the street or stream from the land under consideration as determined from the records of the City Assessor. Such notice shall be given by certified mail not less than 14 days before the date of the public hearing. The abutter notification fee shall be any necessary postal fees plus $3 per abutter. Any application shall require on-site notice in accordance with § 190-126 of this chapter, with the title of the action to read: "HISTORIC DISTRICT APPLICATION."

[Added 8-10-2010 by Ord. No. O-10-25; amended 12-13-2023 by Ord. No. O-23-059]

Written finding required:

Certificate of approval. If, in the opinion of a majority of the Historic District Commission members present and voting, the applicant's proposal meets the purposes of this section, the Historic District Commission shall issue a certificate of approval, signed by the Chairman, together with any changes, conditions and stipulations necessary to secure the purposes of this article.

Notice of disapproval. If, in the opinion of a majority of the Historic District Commission members present and voting, the applicant's proposal does not meet the purposes of this article, the Historic District Commission shall issue a notice of disapproval in writing together with reasons for such decision, signed by the Chairman of the Commission. The issuance of such a notice shall prohibit the Building Department Manager from issuing a building, demolition or other permit. If the applicant's proposal is denied, the applicant may, and is encouraged to, modify the proposed plans and may resubmit the application at any time after so doing, provided that the reasons for denial as stated in the notice of disapproval are addressed in the resubmittal.

Appeal. Any person aggrieved by any decision of the building official or of the Commission under this section shall have a right to appeal to the Zoning Board of Adjustment as provided in § 190-136.

§ 190-23 Mixed Use Overlay District (MU).

Location of Historic Districts. Historic Districts shall be created and indicated on the Zoning Map of the City in accordance with Article III of this chapter. No district shall be created prior to the Historic District Commission's holding of public informational meetings to explain the benefits and restrictions of such a district to the residents and owners of the area contemplated for designation. Owners of property in a potential district shall be notified by the City by first class mail of the time and location of any public hearing at which designation of their property in a Historic District is to be discussed. Substantial objection to the creation of a Historic District by the owners of property in the proposed district shall be deemed ample evidence for the Board of Aldermen to deny the proposed rezoning. Historic District regulations, as stated in this article, shall be in addition to any other zoning regulations of this Part 2 and shall in no way be construed to supersede those of other zoning, building, life safety or other ordinances of the City.

Advisory referral from the Board of Aldermen. The Board of Aldermen may request an advisory opinion of the Commission with respect to applications for any building permit or demolition permit which would come within the scope of review of the Historic District Commission. Recognizing that the Board of Aldermen may request such an opinion well in advance of formal design, the Board of Aldermen will submit to the Commission such design information as may exist at the time. The Commission shall report to the Board of Aldermen its findings and recommendations on those items in its discretion, as enumerated in Subsection A(2) above. The Commission may make suggestions regarding design details in its discretion but not yet complete. Such report will be returned to the Board of Aldermen within 30 days of receipt of the request.

[Added 10-24-2017 by Ord. No. O-17-039]

Purpose: Mixed Use Districts are established from time to time to achieve the following objectives:
•	To promote the goals, objectives and strategies adopted as part of the City's Master Plan.
•	To assist conventional underlying zoning and land use regulations where the modification of use, dimensional, density and other requirements is appropriate through site plan review.
•	To protect the value and efficiency of operation of surrounding properties.
•	To maintain unique aesthetic, architectural and visual amenities of an individual building or cluster of buildings.
•	To enable infill development to occur in a manner that will be compatible with the surrounding site environment and neighborhood.
•	To ensure that private development and rehabilitation will be compatible and coordinated with public investment and improvements.
•	To support new construction and adaptive reuse of buildings through appropriate engineering, architectural and design solutions.
•	To guide the orderly and timely transition from one land use to another within areas subject to building obsolescence, changes in technology, environmental conditions and adjoining development patterns and influences.
•	To ensure that redevelopment occurring in close proximity to the Nashua and/or Merrimack Rivers will conserve and incorporate natural features and enable both visual and physical riverfront access.
•	To promote development opportunities that will eliminate blight and disinvestment.
•	To introduce uses that will have positive long-term social and economic impacts.
•	To establish a complimentary and integrated working, shopping and living environment.

Applicability.

Mixed Use Districts are overlay zones that conform to RSA 674:21.

In areas where Mixed Use Districts may overlap with the Historic District, the powers and duties of the Historic District Commission and District, including the scope of building permit review, shall remain in force.

Permitted uses.

All principal and accessory uses permitted under § 190-15, Table 15-1, by right or special exception within the underlying districts shall continue to be permitted according to the dimensional, density and other applicable requirements established by this Part 2, within Mixed Use Districts.

The powers and duties assigned to the Zoning Board of Adjustment by § 190-257 to hear and decide appeals, special exceptions and variances for uses permitted by the underlying district(s) shall not be preempted by this section except where a use proposed is only permitted by Subsection C, or the applicant elects to submit a site plan to the Nashua Planning Board in accordance with the provisions and requirements of this section.

Any site plan submitted for a lot in or partly in the D-1 or D-3 Zoning Districts which involves the addition or enlargement of structures or any amendment to an approved site plan shall be subject to the provisions of this section, whether the use is listed in § 190-15 or Subsection C of this section, or is allowed by variance, special exception, conditional use permit or other similar permission, or is a prior nonconforming use.

Alternative uses. In addition to principal and accessory uses permitted and regulated by the underlying districts, the following alternative principal and accessory uses are also permitted within Mixed Use Overlay Districts in conformance with the provisions of Subsections D and E of this section:

Principal uses:

Residential:

Multifamily dwellings.

Multifamily high-rise dwellings.

Dormitories.

Elderly housing development.

Community facilities:

Educational purpose which is religious, sectarian, denominational or public.

Nonprofit school, college, university, business or trade school.

Nonprofit boating, swimming and tennis clubs.

Historical association or society.

Agricultural.

Retail sale of agricultural or farm products.

Retail; service; commercial:

Retail establishment selling convenience goods, including but not limited to food, drugs and proprietary goods.

Retail establishment selling general merchandise.

Eating and drinking places.

Hotels.

Personal service establishments.

Membership club operated for profit.

[7]

Miscellaneous professional, medical and business offices.

[8]

Proprietary school, college, business or trade school.

[9]

Proprietary schools for education in the arts, dance, music and drama.

[10]

Private day care, nursery, or kindergarten.

[11]

Movie theaters or performance theaters.

[12]

Museums and art galleries.

[13]

Amusement and recreation services, indoor and outdoor.

Accessory uses:

Accessory repair and storage facilities in any retail sales or consumer establishment.

Accessory outdoor storage.

Accessory retail or consumer service uses primarily for the occupants or uses within a hotel or office building.

Accessory dormitory.

Modification of dimensional, density and other regulations.

The Planning Board, in determining the acceptability of proposed site plans within Mixed Use Districts, shall have the authority to modify the dimensional, density and other regulations of the underlying districts in accordance with Subsection F of this section.

The authority granted to the Planning Board by this section shall apply to all uses contained within or approved as a part of a development submitted in accordance with the provisions of this section. An applicant may continue to elect to obtain variances to dimensional, density and other regulations of the allowed land uses within the underlying zone district as identified in § 190-15, in accordance with applicable review procedures and as approved by the Zoning Board of Adjustment.

Site plan suitability report.

Within the Mixed Use Districts, all site plans submitted to the Planning Board for approval in accordance with this section shall be accompanied by a site plan suitability report, including appropriate studies, drawings, plans and illustrations, which shall address the following relevant factors:

Analysis of the ability of the proposed use and existing uses to coexist and the potential impacts that proposed and existing adjoining and surrounding uses and buildings may have upon one another.

Analysis of any impacts on significant natural, architectural, visual or aesthetic qualities of the surrounding environment.

Analysis of the health and safety impacts on customers, residents, employees and the general downtown and inner-city population.

Analysis of economic or property value impacts.

Analysis of traffic and parking impacts.

Analysis of the adequacy of existing municipal facilities and services.

(g)

The consistency of the site plan with the Mixed Use District objectives and guidelines established by this section, the Master Plan and sound planning and development principles.

Prior to the preparation and submission of a site plan and site plan suitability report, the applicant shall hold preliminary review sessions with the Planning Department and/or Planning Board to solicit their comments and recommendations.

Guidelines for site plan evaluation. The following Mixed Use District guidelines are an extension of the enabling purpose and objectives of this section. The guidelines are intended to provide the Planning Board with the criteria to evaluate site plans and site plan suitability reports required by Subsection E above, and to determine whether a site plan submitted under this section should be approved, approved with conditions, or denied. In approving any site plan under the provisions of this section, the Planning Board may require in a reasonable manner as a condition of approval any and all specific treatments of the criteria listed in this section as it deems necessary to meet the purpose of this section as set forth in the purpose statement above.

Dimensional and density requirements. The base dimensional and density requirements of the underlying zone shall apply to proposed uses allowed within projects submitted in accordance with this section. The Planning Board may vary the dimensional requirements of the underlying zone subject to a report by the Planning Director in consultation with the Code and Fire Departments. The specific per-unit lot area requirement for developments incorporating residential uses shall be removed. Residential uses may be included within the allotted floor area without limitation per se on the total number of units per acre. The purpose of this section is to provide additional design flexibility, and is subject to the Planning Board's finding that the development adequately addresses and satisfies the requirements of this section. The underlying zone shall be utilized for purposes of calculating allowed densities of development appropriate for the area.

Building and site design:

Proposed building massing, proportions, spacing, scale, setbacks, orientation, facade treatment, height and roof lines should be integrated and compatible with surrounding buildings.

Exterior building and paving materials and details shall be of a composition, scale and form compatible with the site and building environment.

Buildings should be designed in context with clusters of buildings that present a distinct or unified architectural pattern and scale.

Buildings shall be oriented to enhance, maintain and protect unique or significant internal and external view corridors and vistas.

Building rehabilitation:

The removal, covering or alteration of significant architectural features shall be avoided unless shown to be economically unfeasible and the architectural and aesthetic characteristics of the building and its compatibility with surroundings can be preserved in some other way.

Building design, materials and details shall be replicated where feasible.

Replacement elements and features, where replication or reapplication is not feasible, shall be in harmony with the scale, design, texture and composition of original building elements.

The Planning Board may require the state Historic Preservation Office or the Nashua Historic District Commission to review and report on plans for buildings within either National Register or local historic districts.

Circulation:

Vehicular and pedestrian facilities shall be designed to serve both existing and proposed buildings and provide for safe, unified and efficient access pattern that is coordinated with existing and planned roads and sidewalks. Vehicular and pedestrian access improvements shall be reviewed by the City Traffic Engineer.

Adequate access for safety, fire and emergency vehicles shall be available and approved by the Fire Department.

Provisions for public transit connections and stops should be provided where deemed necessary and appropriate by the public transit agency.

Parking:

Adequate off-street parking shall be available within 1,000 feet of a mixed use overlay district and a suitable parking location and management plan shall be established that will not adversely impact off-site circulation conditions and parking availability.

A minimum of one off-street parking space shall be provided for each dwelling unit. Parking regulations defined by § 190-198 shall apply to all other nonresidential uses permitted within the Mixed Use District except where modified by this section or following review and report from the Planning Director in consultation with the Traffic Engineer.

Off-street loading regulations defined by § 190-190 of this chapter for all uses permitted within the Mixed Use District.

Landscaping and screening shall be provided in conformance with Article XXVII as a means to break up the visual monotony and impervious surface area of parking facilities.

Open space; landscaping:

Landscape plans shall conform to Article XXVII.

Nashua and Merrimack riverfront open space shall be retained and expanded. Public and private visual and physical access to riverfront open space shall be made available. All open space and landscape plans should be consistent with the City's Central Nashua Riverfront Plan.

Open space and landscaping shall be incorporated and, where practical, provide visual and physical links to parks, plazas, squares and Main Street.

Open space and landscaping shall be provided to accentuate points of access and pedestrian activity.

(7)

Lighting:

Lighting sources shall be of an appropriate design and located at strategic locations to provide a safe environment and to accentuate important points of activity, access and building features of landmark proportions and details.

Lighting sources shall be adequately shielded to avoid glare.

All new construction and rehabilitation projects shall conform to City minimum lighting standards.

(8)

Signage:

Rooftop signs and billboards are not permitted as part of site plans for uses permitted by Subsection B unless approved by the Planning Board following review and report by the Zoning Administrator.

All signs shall conform to Article X, Signs, of this chapter, except as modified by this section.

Thematic or display banners incorporated as part of new construction and rehabilitation projects may be introduced if they are of a suitable size, color and graphic design to enhance the site and building environment and assist in enlivening and defining a building or space.

§ 190-24 Water Supply Protection District.

All directional and advertising signs shall conform to Article X of this chapter and shall be of a scale, color and materials consistent with the building, property and surrounding environment.

Purpose: It is the purpose and intent of this article to establish an overlay district to increase protection for the Pennichuck Brook Watershed above the supply pond dam, including Pennichuck Brook, its associated ponds, wetlands, and tributaries, said water being the primary source of the City's public drinking water supply. Regulations within the district are intended to preserve the purity of the drinking water supply; to maintain the groundwater table; and to maintain the filtration and purification function of the land; thereby protecting the public health, safety and welfare.

Water Supply Protection District established. The Water Supply Protection District is herein established as an overlay district and shall be superimposed on the other districts established by the zoning ordinances. The requirements enumerated hereafter for this Water Supply Protection District shall be in addition to, rather than in place of, the requirements of such other districts.

Boundaries.

The Water Supply Protection District is herein established to include all lands within the City of Nashua lying within the watershed of the Pennichuck Brook upgradient of the supply pond dam. The map entitled "Water Supply Protection District Map, City of Nashua, New Hampshire," dated October 28, 1998, and prepared by the City of Nashua Community Development Division shall delineate the boundaries of the district. This map as may be amended is hereby declared to be a part of this article.

Where any uncertainty exists with respect to the boundary of the Water Supply Protection District as shown on the Water Supply Protection District Map, the applicant shall supply the data needed to determine the district boundary. The Administrative Official shall determine the boundary based upon the location of the watershed and there is a hydrological connection to the surface waters based upon information supplied by the applicant.

There shall exist a Conservation Zone within the Water Supply Protection District which shall consist of all land areas located within 300 feet of the annual high-water mark of Supply Pond, Bowers Pond, Holt Pond, Harris Pond, and Pennichuck Pond, and all land areas located within 150 feet horizontally from all water bodies that are connected via surface water to the aforementioned ponds and the wetlands associated with those water bodies. The Conservation Zone shall be delineated on the map.

To fulfill its function as a prime aquifer recharge zone, the Conservation Zone is intended to be maintained as an undisturbed natural buffer for the purpose of protecting the drinking water supply. In case where a lot is not located entirely within the Water Supply Protection District, the requirements of the Water Supply Protection District shall apply to that portion of the lot located within the Water Supply Protection District.

Application for uses in the Water Supply Protection District. Notwithstanding the requirements of other provisions of this article, applications submitted for uses proposed within the Water Supply Protection District shall be accompanied by sufficiently detailed information and plans to clearly show the extent of the Conservation Zone and the use proposed to be located on the subject property. The Administrative Officer shall review the information provided to determine its sufficiency.

Uses in the Conservation Zone.

Unless permitted by the article, all uses are prohibited in the Conservation Zone. Activities that maintain existing uses associated with municipal water supply and treatment are allowed in the Conservation Zone. Forest management, wildlife conservation and passive, nonmotorized recreational activities are permitted where developed in accordance with a Forest Management Plan consistent with NH DES adopted or approved best management practices and rules, approved by the Nashua Conservation Commission.

To reduce potential damage to the Conservation Zone from significant storm events, overflow capacity may be provided within the Conservation Zone only by vegetated swales. Piping, headwalls, riprap and all other techniques other than vegetated swales are prohibited. Tree cutting is strictly limited to what is absolutely necessary to construct and maintain the vegetated swale. All other tree cutting in the Conservation Zone is prohibited, except for tree-cutting consistent with a Forest Management Plan developed in accordance with NH DES approved best management practices and rules, approved by the Nashua Conservation Commission.

Land contained in the Conservation Zone may satisfy the open space requirements of any lot.

Restriction on fertilizer and pesticide use. The use of fertilizers or pesticides is prohibited on any lands within the Conservation Zone or within 250 feet horizontally from the annual high-water mark of all water bodies and all associated wetlands, whichever is greater.

Lots of record and nonconforming uses:

The lawful use of any building or land existing at the time of the enactment of this article may be continued.

For lots of record as of the date of adoption of this article which have distances from the front lot line to the edge of a water body and associated wetlands in the Conservation Zone of less than 150 feet, the restrictions of the Conservation Zone in that location shall be considered waived up to a distance of 75 feet. This subsection shall not apply to the three-hundred-foot conservation area around the ponds.

In cases where legal lots of record, as of December 16, 1998, cannot reasonably be used for a permitted use due solely to the provisions of this article, a special exception may be granted allowing the use, provided that there shall be no resulting significant adverse impact to the water supply.

Any use made nonconforming by the provisions of this article may be expanded, provided that such expansion would otherwise be permitted in the underlying zoning district and a minimum of 50% open space is maintained.

In other cases where currently developed sites are proposed for expansion or redevelopment, a special exception may be granted, if the following conditions are met:

The proposed expansion or redevelopment would be allowed under current zoning ordinances and meets all other requirements for a special exception as set forth in § 190-134 of this chapter.

The proposed expansion cannot be reasonably accomplished within the constraints of Part 2.

[Amended 2-26-2008 by Ord. No. O-08-07]

Determination by the conservation commission within 30 days from formal submission of the proposal declaring that the proposed use will not create a danger of prohibited acts under § 12-3 of the City Code.

No increase of impervious surface in the Conservation Zone is proposed, except as designated in Subsection F(5)(c) of this section.

§ 190-24.1 Four Hills Landfill Groundwater Management Zone.

All stormwater management systems must be compliant with the requirements set forth in Article XXXI, Stormwater Management Standards, and must be sufficient to infiltrate all stormwater from the ten-year twenty-four-hour storm event.

[Added 10-22-2013 by Ord. No. O-13-050]

Purpose: On April 5, 2011, the New Hampshire Department of Environmental Service (NH-DES) issued Groundwater Management and Release Detection Permit No. GWP-198403099-N-004 to the City of Nashua for the Four Hills Landfill (Permit). One of the conditions of the Permit was for the City to collect data for a final definition of the off-site Groundwater Management Zone (GMZ). A GMZ is an area within which groundwater use must be controlled and/or monitored due to the potential presence of groundwater contaminants that exceed the State's Ambient Groundwater Quality Standards (AGQS). On June 10, 2013 the City submitted its technical justification for the boundary of the proposed off-site GMZ. The boundary was determined by analysis of groundwater flow in the areas surrounding the Four Hills Landfill. The NH-DES approved the off-site GMZ boundary delineation proposed by the City on June 24, 2013.

NH RSA 485-C:6-b and regulations thereunder require that notice of a GMZ be recorded in the registry of deeds in the chain of title for each property included in the GMZ. As an alternative form of notice, the law allows for the establishment of an overlay district. Due to the number of parcels affected by the GMZ, the City in consultation with the NH-DES determined that it was more efficient to establish a Four Hills Landfill Ground Management Zone Overlay District in lieu of recording notice in the chain of title for each property located within the GMZ. The overlay district also includes properties in the GMZ of the Gilson Road Superfund Site which is administered by NH-DES.

It is the purpose and intent of this section to establish an overlay district to protect the public health and the well-being of the City by restricting groundwater use to meet the requirements of New Hampshire's Groundwater Protection Act and the rules promulgated thereunder. The groundwater quality is being monitored under the Permit.

Authority. The Four Hills Landfill Groundwater Management Zone Overlay District (FHL-GMZ) is established in consultation with the New Hampshire Department of Environmental Services (NH-DES) and pursuant to NH RSA 47:17, XV "Bylaws and Ordinances, Miscellaneous," NH RSA 485-C, "Groundwater Protection Act," and the regulations promulgated thereunder, including but not limited to Env-Or 607.02 and 607.06, and the Groundwater Management and Release Detection Permit No. GWP-198403099-N-004 issued April 5, 2011 to the City of Nashua by the NH-DES (Permit).

Four Hills Landfill Groundwater Management Zone Overlay District established. The Four Hills Landfill Groundwater Management Zone Overlay District is hereby established as an overlay district and shall be superimposed on the other districts established by the zoning ordinances. The requirements for this FHL-GMZ shall be in addition to, rather than in place of, the requirements of such other districts.

Boundaries.

The FHL-GMZ is herein established to include all lands within the City of Nashua lying in and between the Four Hills Landfill and in a westerly direction, the easterly bank of the Nashua River; in a northern direction the Trestle Brook and following northwesterly along the Trestle Brook to the easterly bank of the Nashua River; and in a southern/southwesterly direction the southern boundary of the Gilson Road Superfund site extending westerly to the easterly bank of the Nashua River. The map entitled "Current and Proposed Land Use, Groundwater Overlay District Four Hills Landfill and Gilson Road Superfund Site," dated July 2013, and prepared by the City shall delineate the boundaries of the overlay district. The FHL-GMZ shall extend to any newly-created lot or map numbers created as a result of a subdivision within the defined area. This map as may be amended is hereby declared to be a part of this article.

The boundary of the FHL-GMZ shall be reviewed no less frequently than as required by the Permit or the NH-DES. Subsequent to such review, lots may be removed from or added to the FHL-GMZ after consultation with the NH-DES.

When the boundary of the FHL-GMZ is in dispute by any owner or abutter affected by said boundary, the City shall engage, at the owner or abutter's sole expense, a professional geologist or hydrogeologist to determine more accurately the precise boundary of the FHL-GMZ. The City shall consult with and receive approval from the NH-DES prior to any modification of the boundary of the FHL-GMZ.

Prohibited uses. In the FHL-GMZ any and all extraction and use of groundwater by any means and for any purpose whatsoever is prohibited unless the City and the NH-DES grant specific prior approval. No wells of any nature shall be dug, installed or otherwise created within the FHL-GMZ without prior approval from the City and the NH-DES. No groundwater shall be drawn or pumped by any means or for any use from within the FHL-GMZ without prior approval of the City and the NH-DES, unless it is for the specific and sole purpose of pumping groundwater out of a sump to keep a basement from flooding. No disturbance of wetlands within the FHL-GMZ shall be permitted without the prior approval of all authorities having jurisdiction, including but not limited to the City and the NH-DES.

Administration.

The provisions of the FHL-GMZ shall be administered by the Health Officer and the Department of Public Works.

Notice of any variances given from the provisions of the FHL-GMZ shall be forwarded to the NH-DES.

Enforcement. The Health Officer shall be responsible for enforcement of the provision of the FHL-GMZ and may pursue all legal and equitable remedies to ensure compliance with this section.

Effective date. This section shall become effective upon passage. The FHL-GMZ shall remain in effect until such time as the Ambient Groundwater Quality Standards (AGQS) are restored within the GMZ and the NH-DES approves release of the overlay prohibitions.

§ 190-25 Flexible Use District.

Purpose: The Flexible Use District is an overlay zone as depicted on a conceptual plan entitled "Conceptual Plan, Main Dunstable Road, Nashua, New Hampshire," dated February 15, 1997, at a scale of 1" = 200' prepared for Terra Verde, 20 Trafalgar Square, Nashua, NH, as amended ("plan"), and on file at the Community Development Division of the City of Nashua. The Flexible Use Overlay District shall also encompass the land shown on a conceptual plan entitled "Concept Plan, Ridge Road, Nashua, New Hampshire" dated November 12, 2001, at a scale of 1" = 150' prepared for Lamsco Holdings, L.L.C., 84 Lake Street, Nashua, NH (the "Lamsco Plan"), on file at the community development division of the City of Nashua, with the provision that said concept plan describe 82 new housing units and one existing housing unit. The flexible use district is developed as an innovative land use control pursuant to RSA 674:21I(i). It is designed to promote the health, safety and general welfare of the community. The flexible use district is further intended to promote the goals, objectives and strategies of the City of Nashua's duly adopted Master Plan, capital improvements program and its charter and ordinances, and thereby effectuates legitimate public purposes and facilitates the orderly growth and development of the City consistent with the needs of citizens.

The flexible use district permits multiple, coordinated uses in an integrated concept development plan, and provides for open space, wetland protection and recreational opportunities.

Permitted uses:

Single-family residential. Single-family residential development shall be permitted in Phases I-VIII as depicted on the plan in a number not to exceed 250 units. Single-family residential development shall be permitted as depicted on the Lamsco Plan in a number not to exceed 82 units.

Mixed-use village area:

Purpose. A mixed-use village area will be permitted as depicted on the plan and will be developed in conformity with the traditional New England architectural style. The mixed-use village area is intended to house retail facilities that primarily serve the needs of the surrounding residential neighborhoods.

Design standards. All structures erected in the mixed-use village area shall be designed in keeping with the "Hall's Corner Architectural Design Review, Procedure and Guidelines," dated February, 1987, and as may be amended from time to time by the Nashua Planning Board.

Permitted uses. The following uses developed shall be permitted in the mixed use village area as depicted on the plan. All uses not listed here, or in the conditional use Subsection A(4) below, shall be prohibited.

Elderly housing units.

Retail establishment selling general merchandise including but not limited to food, drugs, dry goods, apparel and accessories, gifts, flowers, books, periodicals, jewelry, tobacco, toys and crafts, stationery, antiques.

Miscellaneous professional and business offices and services including but not limited to legal and other professional services, and finance, insurance, real estate offices, banks, ATM and other financial institutions.

Personal service establishments including but not limited to hair styling, tailoring, shoe repair, laundromat and dry cleaning establishments or similar uses.

Eating and drinking establishments including but not limited to restaurants, coffee shop, delicatessen, bagel, pizza and sandwich shops where consumption is primarily on the premises, but specifically excluding establishments offering drive-through, curbside or other similar food service, or where, consumption is frequently in automobiles or off-premises.

Private day-care nursery.

[7]

Quasi-commercial, civic and institutional uses including but not limited to studios for art, dance, music and photography, churches, libraries and post offices.

[8]

Farm stands and agricultural uses.

[9]

Any type of municipal facility or activity.

Accessory uses. Accessory uses typically associated with the above principal uses shall be allowed with the approval of the Planning Board at the time of site plan review.

Conditional uses. The uses listed in this section shall be considered conditional uses, subject to approval by the Planning Board per the provisions of RSA 674:21, "Innovative Land Use Controls." In order for the conditional uses to be permitted, the Planning Board must determine that the proposed use complies with the statement of purpose of this section and meets all of the provisions of the Flexible Use Overlay District.

With the approval of the conservation commission, dispensing of automotive fuel, with no more than four fuel filling locations.

Medical, dental and veterinary offices.

Indoor amusement and recreation service, including but not limited to health club, fitness center and recreation facilities, limited to no more than three coin-operated amusement devices.

Funeral homes.

Greenhouses.

Signs/mixed-use district. The mixed-use village area shall have a uniform sign criteria, submitted with the site plan and approved by the Nashua Planning Board as a condition of approval of the site plan, that shall conform, at a minimum, to the local business (LB) zoning district, as described in Part 2, Article X. Internally illuminated signs are prohibited.

Hours of operation. All commercial and other enterprises within the mixed-use village area shall be limited to the following hours of operation: 5:00 a.m. — 11:00 p.m. The Planning Board may further restrict the hours of operation of individual businesses, based upon anticipated usage, at the time of site plan approval.

Residential property dimensional requirements.

Single-family dwellings shall conform to the following requirements in lieu of § 190-16:

	Single-Family Dwellings	Setback Requirement
	Minimum lot area	9,000 square feet
	Minimum side yard	10 feet
	Minimum rear yard	25 feet
	Minimum front yard	25 feet
	Minimum lot width	75 feet
	Minimum lot depth	90 feet
	Accessory structures	6 feet from all lot lines

Dwellings shall be sited with a variety of setbacks to prevent the row house effect.

There shall be no more than 60 elderly housing units included in the development.

Nonresidential lot and area requirements. The minimum lot area and yard requirements shall generally follow the conceptual plan. The exact lot area and dimensional requirements, along with access to the lots, shall be reviewed and approved by the Planning Board. There may be only one retail establishment selling general merchandise, as defined in Subsection A(2)(c)[2] of § 190-25, with a gross floor area of up to 20,000 square feet. A church may also have up to 20,000 square feet of gross floor area. All other establishments within the mixed-use village area shall have no more than 10,000 square feet of gross floor area. The total gross floor area of all structures in the mixed-use village area shall not exceed 80,000 square feet.

Open space requirements. At least 30% of the total tract area depicted on the plan shall be dedicated as open space. Said open space shall be deeded to the City of Nashua to be used for public purposes including a greenway system of public trails as depicted on the plan and placement of utilities. The trail network within the greenway will be established prior to the issuance of any occupancy permits for dwelling units within each approved phase. The City shall use, maintain and preserve these open space areas in their existing condition except for development of trails. One hundred twenty-five feet of open space shall be provided along all frontage on Ridge Road, and all existing foundations shall be removed from this area.

Street and utility requirements. The following requirements shall supersede Article XXX of this chapter where applicable:

Noncollector, residential streets may be 24 feet in width with prior Planning Board approval. If the road width is reduced, the Planning Board may waive the requirement for curbing and closed drainage.

Public rights-of-way shall be 50 feet.

The Planning Board may require speed reduction or traffic calming devices as it deems necessary.

The Board of Aldermen may accept streets pursuant to § 285-21 of the City Code.

The Planning Board may require that culs-de-sac be teardrop in shape, to facilitate snow plowing or for any other reason.

All utilities shall be provided via underground connections.

Submission and approval. Site plans submitted under the Flexible Use Overlay District shall meet the requirements Article XVII (Site Plan Procedures) of this chapter and those elements of § 190-135 deemed appropriate by the Planning Director. Development of the Lamsco Holdings concept plan shall be in at least three phases of not more than 30 units per phase.

Administration.

The Administrative Officer or his designee is authorized to administer and enforce the provisions of this section. Any decision, verbal or written, in the application of this section by the Administrative Officer may be appealed to the Planning Board whose decision is final unless appealed to Superior Court. The Administrative Officer shall determine the applicable date of constructive notice from which an aggrieved party has 20 days to file a written appeal to the Planning Board. The Planning Board shall follow its adopted bylaws in processing applications. As an innovative land use control, any waiver of the terms, uses and dimensional requirements of this section shall be submitted to the Planning Board who has been delegated the authority to decide waivers based on the criteria established in § 190-137. Applications for waivers and the notification of abutters and the public of the application for variance shall be subject to the provisions of § 190-137. Waiver decisions by the Planning Board are final unless appealed to Superior Court.

The Planning Board, in determining the acceptability of proposed site plans within the Flexible Use District shall have the authority to modify the dimensional, density, and other regulations of the underlying districts in accordance with the criteria for such modification set forth for the D Downtown District in § 190-20, subject to the restriction that the dimensional specifications set forth in this article, and any other provision of this article which is in conflict with the provisions of § 190-20 shall supersede the provisions of § 190-20.

§ 190-26 Planned Residential Development (PRD).

All applicable fees for submittal of site plans and subdivision plans shall apply.

Repeal of conflicting provisions of Ordinance No. O-88-05. Ordinance No. O-88-05, "Rezoning a parcel of land on Conant Road to GB; rezoning a second parcel on Buckmeadow Road to R-C; and approving a planned residential development known as Hall’s Corner," is hereby repealed in its entirety, along with all of its conditions and stipulations, except for the Hall’s Corner Sewer Agreement, which will be addressed separately. The Mayor of Nashua is authorized to execute such documents as the City Solicitor/Corporation Counsel deems necessary to extinguish or remove any agreements of record which were executed as part of Ordinance No. O-88-05.

[Amended 2-26-2008 by Ord. No. O-08-07]

Purpose: This section establishes procedures and standards for the use of flexible zoning standards for residential development. This section relieves residential developments subject to a common plan of development from rigid zoning requirements, but also establishes higher standards for open space and building design.

Applicability.

This section applies to developments using a planned residential concept for mixed residential, commercial, institutional and other uses which are subject to the dimensional and density regulations of this section and not those of § 190-16 of this chapter.

The tract shall be at least 10 contiguous acres, and may include parcels separated by existing public roads. Existing, intervening public roads shall not count toward tract size. However, proposed dedications for future public roads shall not be discounted from tract size.

This section does not apply to those planned residential developments which have received aldermanic approval prior to passage of this chapter. However, modifications to the approved concept plan may be authorized by the Planning Board, provided that the original intent of the concept plan is adhered to specifically regarding:

Maximum number of dwelling units, nonresidential development, and total building and parking lot site coverage.

Total recreational space/facilities being provided.

Preservation of natural features.

Compliance with any density bonus provisions.

Permitted uses. The following uses are permitted within a PRD:

Single-family detached, duplex, or multifamily dwellings.

Community facilities as listed in the table of use regulations shall be permitted as well as membership clubs under controlled use of the residents of the planned residential development, recreational membership clubs and facilities open to both residents and the public, and public recreation or open space.

Commercial retail and service establishments as allowed in Local Business (LB) District.

A maximum of 3% of total land area at any one time (excluding land area devoted to private day nurseries or kindergarten facilities) may be devoted to commercial uses, including required off-street parking, whenever the proposed development consists of a minimum of at least 100 acres.

Procedures.

The applicant shall submit a concept plan for the entire tract of the planned residential development. The concept plan shall include the information required by Article XLIII.

Submission and review.

Only parcels with natural features and amenities, including, but not limited to, wetlands and slopes that have not been intentionally altered to circumvent the purpose of this section shall be eligible for approval.

Prior to the official submission of a general concept plan to the City, the developer shall hold preliminary review sessions with the Administrative Officer to solicit his comments and recommendations.

Upon completion of the Administrative Officer review sessions, the applicant shall submit the concept plan to the City Clerk for inclusion on the Board of Aldermen agenda. The plan will then be referred to the aldermanic Planning and Economic Development Committee and the Planning Board, before they act on the proposal. The aldermanic Planning and Economic Development Committee will hold a public hearing, notice of which shall be provided by publication in a newspaper having general circulation in the City not less than 15 days, prior to such hearing. As a condition of approval, the Board of Aldermen may require the reasonable phasing of a development in order to minimize its impact on existing municipal facilities. This phasing shall allow sufficient time for any expansions or improvements to municipal facilities as may be necessary to accommodate the planned residential development. All proposed recreational improvements shall be phased to coincide with the phasing of the total project development schedule. One hundred percent of all nonresidential uses shall be constructed prior to the approval by the Planning Board of the final 15% of the total number of residential units.

Upon approval of the concept plan, approval from the Planning Board shall be required for each phase or structure to be built. Such review shall conform to the site plan and/or subdivision regulations of this chapter.[1]

Editor's Note: See Part 3 of this chapter, particularly Arts. XVI and XVII thereof.

Failure to begin construction of a planned residential development within one year of its approval by the Board of Aldermen shall result in such approval being null and void unless an extension has been granted by the Board of Aldermen.

A current list of all property owners, their addresses, and zip codes, which abut the development shall be provided to the Planning Board, and the Planning Board shall provide notice of schedule public input meetings related to the proposed development.

Dimensional standards.

Density. The total number of dwelling units within the planned residential development shall be no more than 3.8 units per acre of net developable land plus incentives as provided in Subsection D(2) below. "Net developable land" shall mean total tract acreage minus the sum of:

Fifty percent of acreage defined as wetlands (as determined in accordance with Article XI) and acreage within the one-hundred-year floodplain (as determined in accordance with Article VII).

Seventy-five percent of acreage encompassed by topography having slopes of 20% or greater. This subtraction does not apply to those slopes of at least 20% caused by prior human activity, which are treated as slopes of less than 20% slopes for purposes of the concept plan.

Acreage within the fifty-foot buffer area required by Article XI (Wetlands) of this chapter which is adjacent to any existing intervening street, which would not be required if such existing intervening street did not exist. This subtraction shall not apply to those streets which are discontinued in conjunction with the proposed development.

All commercial acreage.

Acreage occupied by indoor recreation facilities open to the general public and operated for profit.

Industrial acreage.

Bonus density. Additional dwelling unit density may be obtained if the following incentive(s) are fully satisfied:

Table 26-1 PRD Bonus Density
(A) Incentive	(B) Bonus Units (per acre) Tracts Exceeding 25 Acres	(C) Bonus Units (per acre) Tracts Between 10-25 Acres
An existing natural landscape buffer, which shall be supplemented by additional planting where natural vegetation is sparse or nonexistent, at least 200 feet in depth along existing public rights-of-way (excluding existing structures which are to be incorporated into the proposed project) and 100 feet along all project property lines, whose purpose is to provide a natural visual screen between the proposed development and adjacent property and public roads.	0.5	0.25
Providing 250 square feet per unit or more of developed active recreation facilities, such as swimming pools, tennis courts, basketball courts, play lots and ball fields.	0.3	0.15
When recommended by the Planning Board, and confirmed by the Board of Aldermen, a dedication and/or development of land for a public community facility (excluding water or sewer improvements or roads) which is necessary to serve the general area or district in which the development is located, and/or providing 250 square feet per unit or more of developed active recreation facilities as described above. Such recreation facilities shall be dedicated for public use; shall be consistent with the goals of the City recreation plan; shall be reviewed by the City's Parks and Recreation Director prior to submittal of the plan to the Planning Board and Board of Aldermen. Any dedications secured under this paragraph may be permitted within the required fifty-foot or one-hundred-foot buffer area.	0.20 to 0.50 units per acre, depending upon the quantity and quality of the dedicated facilities as determined by the Planning Board	0.10 to 0.25 units per acre, depending upon the quantity and quality of the dedicated facilities as determined by the Planning Board
Privately operated day nursery or kindergarten facilities providing care for 12 or more resident or nonresident children contained within a freestanding structure (except if associated with a multiple-tenant commercial structure) may be approved by the Planning Board. Such facilities shall be compatible with surrounding land uses and designed in a manner which permits safe and convenient vehicular access and egress. In addition, day nursery or kindergarten facilities shall be subject to the approval and periodic inspection of the City Community Services Division.	0.05	0.025

Height. Structures shall not exceed 35 feet in height unless setback 75 feet from the project boundaries plus an additional 75 feet for each 10 feet above 35 feet. No building shall exceed 80 feet in height. When recommended by the Planning Board and confirmed by the Board of Aldermen, requirements of this section may be waived for special conditions such as commercial or industrial abutters, or other special features such as rivers, highways, etc., where literal application of this section would not serve the purpose of providing adequate buffers to established residential neighborhoods.

Perimeter setbacks. New principal structures and parking areas shall be at least 50 feet from the project boundary, and this area is to be considered a buffer comprised of existing natural vegetation, which shall be supplemented by additional planting where natural vegetation is sparse or nonexistent. Additionally, new principal structures and parking areas shall be at least 30 feet from any internal traffic routes or public roads and at least 20 feet from any other principal structures. Accessory structures shall be at least five feet from any other structure.

Open space, parks and recreation.

At least 20% of the total tract area shall be designated as common open space.

Not more than 75% of the common open space shall be wetlands or over 5% sloped area.

The Planning Board may allow land exceeding the slope limitations, bodies of water, and historical sites to qualify as part of the common open space requirement, by taking into consideration the proposed use of any lands to be dedicated to public use, and the use of the land or water in relation to the recreational needs of the development.

Stormwater management facilities (e.g., detention or retention basins/ponds) required by Article XXXI) shall not be designated as part of the required open space.

Covenants protecting the common open space shall be reviewed and approved by the Planning Board after review and approval of the City Solicitor/Corporation Counsel prior to the first subdivision or site plan approval. Such covenants shall provide for adequate protection in their natural state for wetlands, bodies of water and vegetation which are to be delineated on the concept plan.

Conservation regulations. See Article XXV.

Stormwater management. A stormwater management plan consistent with Article XXXI shall be provided with the initial application for all phases of the proposed development.

Street design and transportation.

Street design and transportation shall comply with Article XXX.

The number of new access points to existing and proposed public streets and major through roads within the development shall be limited to two unless otherwise determined by the Planning Board.

The Planning Board may require principal streets to become dedicated public ways.

Private streets shall conform to Subsection H(1) above, and the following standards:

Private maintenance of all street improvements is required (except as specifically required by the City) including rubbish collection, lighting and snow plowing.

The streets shall be posted as private streets by standard street signs.

The Planning Board may allow up to 25% of streets within the development to become public streets when appropriate.

§ 190-26.1 Transit-Oriented Development (TOD) Overlay District.

All dwelling units to be sold must have either frontage or permanent easement access to a public street.

Utility requirements. The development shall be served by both a public water and public sewerage system.

Homeowners' association requirements. All parks, open space and other common areas shall be maintained by a homeowners' association or equivalent entity as provided in § 190-205D of this chapter. The applicant shall provide all documentation and instruments required under this section for review by the City Solicitor/Corporation Counsel.

[Added 10-27-2015 by Ord. No. O-15-064]

Purpose: The purpose of the Transit-Oriented Development Overlay District is to encourage innovative and supportive development near transit stations such as commuter rail and bus with focus on intermodal transportation connections and innovative financing of infrastructure. This section promotes the transportation goals and objectives of the Nashua Master Plan and specific objectives and recommendations of the 2004 East Hollis Street Area plan adopted as part of the Master Plan.

Applicability.

The provisions of this section apply to any use or development located within a Transit-Oriented Development (TOD) Overlay District whose boundaries are established on the official Zoning Map of the City by the Board of Aldermen.

The Transit-Oriented Development Overlay Districts are flexible overlay zones which are authorized by RSA 674:21.

Processing procedures. Development consistent with the regulations established herein may occur as of right in any TOD Overlay District, subject to the locational restrictions of Subsection C below.

Locational criteria. TOD Overlay Districts shall be located within a reasonable walking distance to a transit station as established on the official Zoning Map.

Uses.

Any uses permitted in the R-C, D-1 or D-3 Zoning Districts, and the uses permitted in the underlying zoning district, are permitted in TOD Overlay Districts. In addition, research and development offices are permitted as a conditional use (Use No. 180 of the Use Matrix, § 190-15, Table 15-1 of this chapter) if not permitted by right in the underlying district. Rail/bus passenger stations/terminals (Use No. 257 of the Use Matrix), parking lots, surface, underground or in structures, as a principal use (Use No. 262), railroad freight yards, repair shops/sheds and marshalling yards (Use No. 263), and taxi and limousine service (Use No. 264) are permitted uses in TOD Overlay Districts. A site plan is required for development in a TOD Overlay District.

Site plan suitability report. Within TOD Overlay Districts, all site plans submitted to the Planning Board for approval in accordance with this section shall be accompanied by a site plan suitability report, including appropriate studies, drawings, plans and illustrations, which shall address all factors identified in the Mixed Use Overlay Zone site plan suitability report (§ 190-23E).

Modification of dimensional, density and other regulations.

The Planning Board, in determining the acceptability of proposed site plans within TOD Overlay Districts, shall have the authority to modify the dimensional, density and other regulations of the underlying districts in accordance with Subsection F below.

The authority granted to the Planning Board by this section shall apply to all uses contained within or approved as part of a development submitted in accordance with the provisions of this section.

Guidelines for site plan evaluation. The guidelines as established in the Mixed Use Overlay District, § 190-23F, are intended to provide the Planning Board with the criteria to evaluate site plans and site plan suitability reports required by Subsection D above, and to determine whether a site plan submitted under this section should be approved, approved with conditions, or denied. In approving any site plan under the provisions of this section, the Planning Board may modify or waive any criteria listed in the Mixed Use Overlay District, § 190-23F, or require in a reasonable manner as a condition of approval any and all specific treatments of the criteria listed in that subsection as it deems necessary to meet the above general purpose statement and generally those of the Mixed Use Overlay District, § 190-23.

Adequate public facilities. The adequate public facilities standards of Article XXIII of this chapter shall not apply to any application for site plan approval within a TOD.

Lot arrangement and dimensions. The front setback shall be established as follows:

Minimum front setback: zero feet from the edge of the sidewalk. A minimum setback of five feet from the property line shall be required where street tree planting is required pursuant to Article XXVII of this chapter.

§ 190-26.2 The Veterans Memorial Parkway Redevelopment (VMPR) Overlay District.

Maximum front setback: 15 feet.

[Added 4-11-2023 by Ord. No. O-23-044]

Purpose: The purpose of the Veterans Memorial Parkway Redevelopment (VMPR) Overlay District is to allow the City of Nashua to make significant progress towards meeting two of the most important goals of the Imagine Nashua Master Plan: promoting sustainable redevelopment in targeted areas and creating a greater mix of housing types [see Imagine Nashua October 12, 2021]. More specifically, establishment of the VMPR Overlay District is necessary to facilitate the remediation of environmentally challenged property adjacent to the Nashua River, and to allow one of the largest remaining undeveloped parcels in the City to be redeveloped as rental and for-sale housing. The land comprising the VMPR Overlay District will accommodate important housing alternatives for a wide array of Nashua residents, a goal noted in the City's 2021 Housing Study. The establishment of the VMPR Overlay District and resulting redevelopment will also improve access to the Nashua River. The plans for the Veterans Memorial Parkway (f/k/a the Broad Street Parkway) (the "Parkway") contemplated that the Parkway would provide access to this land to enable its redevelopment, and avoid material negative impact to the adjacent, existing neighborhood. Establishment of the VMPR Overlay District facilitates the remediation and redevelopment of this area. Given the completion of the Parkway, various conditions of Ordinance O-84-76 (adopted before construction of the Parkway) are no longer necessary or applicable to land in the VMPR Overlay District, and are being repealed.

Applicability. The provisions of this section apply to any use or development located within the Veterans Memorial Parkway Redevelopment (VMPR) Overlay District whose boundaries are established on the Official Zoning Map of the City by the Board of Aldermen.

Authority. The City's authority to establish the VMPR Overlay District is derived from the innovative land use controls permitted under RSA 674:21, the Charter of the City of Nashua and the Master Plan of the City of Nashua [Imagine Nashua October 12, 2021].

Permitted uses. The following uses are permitted in the VMPR Overlay District:

All uses permitted in the underlying zoning district [e.g., the C Urban Residence District (R-C District)].

A maximum total of 20,000 square feet of gross floor area in the entire VMPR Overlay District may be used for service businesses and professions which are ancillary to multifamily communities, including health care services, retail uses, and day-care facilities.

Active and passive recreational uses.

Accessory uses. Accessory uses, as permitted in the Land Use Code under § 190-15; provided that such uses need not be located on the same lot as the principal use and that any accessory use must be incidental and subordinate to a principal use within the District.

Procedures before Board of Aldermen. Prior to submitting applications to the Planning Board for final approval of subdivision plans, site plans, variances, and conditional use permits, an applicant (to develop land in the VMPR Overlay District) shall submit to the Board of Aldermen for approval a Master Concept Plan and a Master Development Agreement. The intent of the Master Concept Plan is to provide a schematic layout and design, to form the basis or concepts for the plans to be submitted to the Planning Board for final design and approval.

The Master Concept Plan shall include the following elements:

Proposed subdivision (lot layout), if any

General depiction of the location, size and height of all buildings, all open space, green space areas, and conceptual design of these spaces indicating their intended use.

Conceptual architectural elevations.

Planned improvements to the riverfront adjacent to the property and land to be donated to the City and preserved as open space, if any.

Proposed buffering to adjacent residential neighborhoods.

The anticipated, not-to-exceed total number of residential units.

(g)

Anticipated locations and counts of required and proposed covered and open parking spaces.

(h)

The proposed general layout of stormwater infrastructure.

(i)

Existing topography and preliminary depiction of proposed topography.

(j)

The proposed layout of transportation infrastructure including, but not limited, to pedestrian infrastructure and vehicle infrastructure.

(k)

The types and typical or preliminary locations and general character of public amenities.

(l)

The extent and general design of all off-site improvements.

(m)

Zoning requirements and dimensional data in a tabular format (required and proposed).

Prior to the Planning Board or the Zoning Board of Adjustment, as the case may be, granting conditional or final approval of subdivision plans, site plans, conditional use permits, variances or special exceptions the Master Concept Plan and the Master Development Agreement shall have been approved by the Board of Aldermen. The Master Development Agreement shall be recorded at the Registry of Deeds and shall include the following provisions, among others:

Off-site improvement arrangements and schedule.

Project phasing.

Rental inclusionary housing unit construction obligations and in lieu affordable payment schedule for owner-occupied development, as applicable.

Repayment plan(s) for loan(s), if any, from the City.

Project bonding requirements, as and if applicable.

Processes to amend the Master Concept Plan and Master Development Agreement.

The Master Concept Plan may be amended in accordance with the procedures set forth in this section.

Material changes to the items set forth in Subsection D(1)(a) through (m) shall be considered major modifications and shall require the approval of the Board of Aldermen. Any increase in the total number of units, any reduction in the number of inclusionary (affordable) housing units to be built on site shall de facto be considered major modifications.

Minor modifications to the Master Concept Plan may be approved either by the Planning Board or by the Administrative Officer as set forth in the following sections.

Minor modifications requiring Planning Board approval.

The following minor modifications to the Master Concept Plan require Planning Board approval:

Changes to the items set forth in Subsection D(1)(a) through (m) that are not major modifications but are of a nature customarily approved by the Planning Board as determined by the Administrative Officer.

Modifications to the proposed building(s) that decrease the number of floors of a building.

Increases in the number of units in a building; provided, that such increases do not increase the total number of units set forth in the Master Concept Plan.

Changes in proposed lot areas of more than 10%.

Modifications to the horizontal improvements of more than 10%, including surface parking spaces and drive aisles.

All changes and modifications not listed in Subsection E(2), (3) or (4)(a), including, without limitation, the following, may be approved by the Administrative Officer, or his or her designee:

Modifications to the exterior design and/or materials used in construction of the buildings.

Minor modifications to the layout and location of buildings and horizontal improvements, including covered parking areas and green space, within parcels that do not require modifications to subdivision plans and which modifications do not decrease the amount of green space for the project below the 50% requirement set forth in Subsection F(4).

Modifications that do not increase the height of buildings; provided, that changes for ancillary purposes such as mechanical enclosures, elevator shafts, roof decks and associated structures and parapet walls are not either major modifications or minor modifications.

Adjustments to the configuration of surface parking spaces, the number of parking spaces and drive aisles; provided the number of surface parking spaces do not change by more than 10% for the project as a whole.

Decreases in the number of units in a building.

Modifications to utility layouts.

The Administrative Officer, or his or her designee, shall determine whether a particular modification is a major modification [under Subsection E(2)], a minor modification for which approval by the Planning Board is required [under Subsection E(4)(a)] or a minor modification which may be approved by the Administrative Officer [under Subsection E(4)(b)].

The Master Development Agreement may be amended only by the affirmative vote of the Board of Aldermen.

Dimensional requirements. The following provisions shall govern dimensional requirements for lots and the development thereof in the VMPR Overlay District.

Subject to Subsection F(2) below, the dimensional requirements set forth in Table 16-3 for the R-C Zoning District, as the same may be amended and replaced from time to time, will apply.

In approving subdivision plans, site plans and conditional use permits, the Planning Board may modify dimensional regulations (except for density regulations) of the underlying zoning district (as they apply to land in the VMPR Overlay District) including, without limitation, reducing frontage, lot depth, and setback requirements, and increasing maximum floor area ratio. Such modifications or relief, as part of an application, may be approved by the Planning Board in its discretion upon the Planning Board's determination that such modifications do not materially conflict with the Master Concept Plan or the Master Development Agreement.

Notwithstanding the parking space and aisle dimensional requirements in § 190-193 of the Land Use Code, as amended or superseded, parking spaces in the VMPR Overlay District may be no more than 18 feet in length and drive aisles in the VMPR Overlay District may be up to 24 feet in width.

A minimum of 50% of the total land area in the VMPR Overlay District shall remain as green space. Green space is defined as all active recreation, passive recreation, open space, and buffer areas that are characterized predominately by pervious or vegetated surfaces, unless otherwise exempted herein. Vegetated buffer areas may include those areas fully vegetated that are adjacent to the Nashua River, abutting residential neighborhoods, and other similarly characterized areas. Green space shall exclude appurtenant areas, including but not limited to grass strips and landscaping islands.

A minimum vegetated buffer of no less than 50 feet in width shall be maintained at all times from the outer boundaries of the VMPR Overlay District to adjacent existing developed residential property, except for areas providing access, emergency access and/or utility services. The Planning Board shall determine vegetation and planting requirements for such vegetated buffer.

At a minimum, the vegetated buffer shall adhere to the following standards:

One tree per 400 square feet of buffer area.

40% of trees shall be deciduous.

40% of trees shall be evergreen.

Spacing between trees shall not exceed 40 linear feet.

One shrub per 40 square feet of buffer area.

20% of shrubs shall be deciduous.

[7]

40% of shrubs shall be evergreen.

[8]

All plantings shall be native species and any invasive species as listed by the State of New Hampshire shall be prohibited.

[9]

All plantings must have a hardiness suitable for the Nashua region as defined by the USDA Plant Hardiness Zone Map.

Planting minimums.

Planting Minimums	Deciduous Trees	Evergreen Trees	Shrubs
Height at planting	12 feet	6 feet	2 feet
Caliper at planting	2.5 inches	n/a	n/a
Height at maturity	30 feet	30 feet	4 feet

Preservation of vegetation. Priority will be given to the preservation of large, healthy trees and shrubs whenever possible. No storage of materials or vehicles shall be located, or disturbances to the soil shall occur, within the dripline of tress to be preserved. In instances where trees over 30 feet in height are able to be preserved as part of the buffer, the minimum spacing of new trees from preserved trees may be extended to 50 linear feet.

Special conditions. The following conditions shall also apply to land in the VMPR Overlay District:

In connection with its approval of a Master Development Agreement, the Board of Aldermen may modify particular terms, conditions and/or requirements set forth in § 190-48 of the Land Use Code and establish other terms and conditions governing the number of affordable units, types of affordable units and arrangements for payments in lieu; provided, that the Master Development Agreement shall not increase the bonus density ratio otherwise provided in § 190-48.

Any lot located in the VMPR Overlay District may contain more than one principal structure.

Project density (under Table 15-1 of the Land Use Code) will be based on gross acreage of land involved in the project, with reference to the R-C District density provision (12.5 units per acre). The underlying density calculation will be based on the acreage of the full project site without reduction for any subsequent conveyances of such land (e.g., to City).

If any land is developed in the VMPR Overlay District, it shall provide access (by public and/or private roads) from the Veterans Memorial Parkway to the boundary between the VMPR Overlay District and Map 62, Lot 100, for ingress, by vehicles and by foot, to Map 62, Lot 100, which access may include ingress and egress through Map 62, Lot 100 from Map 62, Lot 101, Map 127, Lot 102, Map 127, Lot 131, Map 127, Lot 41, Map 127, Lot 42, Map 127, Lot 43 and Map 127, Lot 44. If any land is developed in the VMPR Overlay District, the applicant shall provide a pedestrian right-of-way to the Nashua River, at a location determined by the Planning Board in connection with its approval of any subdivision or site plan.

Conditions 2, 3, 4, 5, 6, 8, 9 and 10 of Ordinance O-84-76 are hereby repealed. Conditions 1 and 7 of Ordinance O-84-76 remain in effect.