A.
Dimensional standards.
(1)
In residential, commercial and industrial districts,
a detached accessory building shall comply with the following:
|
(A)
|
(B)
|
|---|---|
|
Standard
|
Requirement
|
|
Maximum percent of front or rear yard
|
25%
|
|
Minimum front setback
|
20 feet
|
|
Minimum side or rear setback
|
6 feet
|
|
Maximum height, within 10 feet of property line
|
12 feet
|
|
Maximum height, more than 10 feet of property
line
|
20 feet
|
(2)
An accessory building attached to the principal building
shall be considered an integral part thereof and shall be subject
to front, side and rear yard requirements applicable to the principal
building.
[Added 12-11-2018 by Ord.
No. O-18-019]
A.
Purpose. It is the intent of this section to allow for the keeping
of domestic female chickens on a lot for the sole use and enjoyment
of the residents of the lot on which such chickens are kept, while
at the same time preserving the quality of life of the surrounding
neighborhood by not allowing chickens to be kept in a number or in
a manner that could create a nuisance.
B.
Applicability. This section applies to chickens as defined in § 190-264. This section does not apply to R-40 and R-30 zoning districts.
C.
Standards.
(1)
Chickens shall be kept in accordance with all applicable City
ordinances and regulations, and state laws, including but not limited
to RSA 644:8, Cruelty to Animals.
(2)
Up to six adult chickens may be kept on a lot. Only female chickens
are allowed to be kept. Adult male or crowing male chickens (roosters)
are prohibited.
(3)
The keeping of chickens shall be accessory to and on the premises
of a single-family or two-family detached dwelling in an accessory
structure or coop and shall be for personal use only.
(4)
No person shall sell eggs or engage in chicken breeding or any
commercial activity related to the keeping of chickens.
(5)
Chickens shall not be permitted to roam free. Chickens shall
be secured in a coop during nondaylight hours.
(6)
A coop must be provided for the chickens. A coop is a roofed
structure enclosed on all sides which protects the chickens from the
weather, rodents and wild and domestic animals. Coops must meet the
following standards:
(a)
The coop must have a minimum of three square feet of floor space
per chicken if a run is provided. A minimum of 10 square feet of floor
space per chicken in the coop is required if no run is provided. Each
chicken must have a total available ground space (including coop and
run, if any) of at least 10 square feet per chicken.
(b)
The coop must provide roosting space off the floor of one foot
of roost space per chicken.
(c)
The coop must provide adequate ventilation, be kept in a neat
and sanitary condition at all times, and in a manner that will not
disturb neighboring lots due to noise, odor or other adverse impact.
(d)
The maximum height for a coop is eight feet measuring from the
ground to the top of the structure.
(e)
The materials used in building the coop shall be uniform for
each element of the structure.
(7)
An enclosed run is permitted. A run is a fenced area outside
the coop. An enclosed run is completely bound on all sides, including
overhead, by a fence, cage or wire. An enclosed run must be attached
to the coop. The maximum height for an enclosed run is eight feet
measuring from the ground to the top of the structure. A run shall
be kept in a neat and sanitary condition at all times, and in a manner
that will not disturb neighboring lots due to noise, odor or other
adverse impact.
(8)
The coop and any run must be located in side or rear yards and
cannot be located within 20 feet of a property line.
(9)
All feed supplies must be kept in rodent-proof containers.
(10)
All stored manure shall be covered by a fully enclosed structure
or container. No more than three cubic feet of manure shall be stored.
(11)
All manure not used for composting or fertilizing, waste material
(including but not limited to spent feed, litter, and waste eggs)
and dead chickens shall be properly and promptly removed from the
property.
[Amended 8-8-2017 by Ord.
No. O-17-036]
A.
Applicability. This section applies to any accessory dwelling unit.
B.
Standards.
(1)
The accessory dwelling unit shall be clearly incidental and subordinate
in extent, use, and purpose to the primary structure and does not
exceed 750 square feet.
(2)
The accessory dwelling unit shall be the only accessory dwelling
unit within or on the same lot as the single-family dwelling.
(3)
The accessory dwelling unit shall not alter the single-family character
or appearance of the single-family dwelling or its conformity with
the character of the neighborhood.
(a)
No new entrance or exit to an accessory dwelling unit shall
be constructed on the front or frontage side of the single-family
dwelling.
(b)
No new curb cut from the street shall be constructed.
(c)
The exterior design of the accessory dwelling unit shall be
compatible with the single-family dwelling through architectural use
of building forms, scale and construction materials.
(4)
(Reserved)
(5)
The owner of the property must occupy either the primary or accessory
dwelling unit as the owner's principal place of residence.
[Amended 5-22-2018 by Ord. No. O-18-013]
(6)
The owner of the property shall provide the City of Nashua with a
covenant for filing with the Hillsborough County registry of deeds,
along with the appropriate filing fees. The covenant shall read substantially
as follows:
"_____of _____ covenants and agrees that the property located at _____ contains an accessory dwelling as defined by the City of Nashua Land Use Code (§ 190-264 of Article XLII). That use of the property is permitted as a special exception granted by the Zoning Board of Adjustment on __________, _____. The continued use of the accessory dwelling unit is conditioned upon compliance with all current and subsequently adopted ordinances and statutes applicable to the property."
The granting of a certificate of occupancy of the accessory
dwelling unit shall be contingent upon receipt of the covenant and
fees.
(7)
One additional off-street parking space is required above the minimum
standard for a single-family house.
(8)
An interior door shall be provided between the primary dwelling unit
and the accessory dwelling unit.
(9)
The single-family dwelling and the accessory dwelling unit shall
not be separated in ownership (including by condominium ownership).
(10)
Accessory dwelling units shall only be associated with single-family
detached dwellings and shall not be associated with manufactured housing
as defined in RSA 674:31.
|
Purpose: The purpose of this section
is to provide reasonable, pedestrian-friendly design standards that
accommodate a variety of housing types while protecting surrounding
neighborhoods. This section implements the Housing Element of the
Master Plan.
|
A.
Multifamily development.
|
Purpose: The purpose of this section
is to provide reasonable design standards for multifamily residential
developments that:
| |
|
•
|
Provide design flexibility;
|
|
•
|
Accommodate affordable housing for current
and future residents of the county;
|
|
•
|
Protect the health, safety and general
welfare of the general public and occupants of the units;
|
|
•
|
Protect the property values of surrounding
dwelling units;
|
|
•
|
Promote a pedestrian-friendly, walkable
streetscape; and
|
|
•
|
Provide for aesthetically pleasing development
patterns.
|
(1)
This section applies to multifamily dwelling units as permitted by the Use Matrix (§ 190-15, Table 15-1 of this chapter).
(2)
For developments over 10 acres, common open space areas shall be required in accordance with the parks and open space standards (Article XXIX) of this chapter. The Planning Board may waive up to 50% of the open space requirement if all units within the development are located within 1,000 feet of a public park as measured along a public sidewalk, trail or bikeway. The open space requirements of this section shall not apply to multifamily residential developments which are second-floor units above first-floor commercial development, or to any residential developments in the D Zoning District that are located above the first floor. Open space provided pursuant to this requirement shall be accessible to all residents of the development and shall measure at least 30 feet across its narrowest dimension.
(3)
Sidewalks or pedestrian walkways shall be constructed within the interior of the development to link residential buildings with other destinations such as, but not limited to, parking, adjoining streets, mailboxes, trash disposal, adjoining sidewalks or greenways and on-site amenities such as recreation areas. These interior sidewalks or pedestrian walkways shall be constructed in accordance with the standards for sidewalks as set forth in § 190-212 of this chapter. Sidewalks, in combination with curbs, shall be required adjacent to all public streets that provide access to the development. Such improvements may be subject to road widening and other related improvements.
(4)
All utility lines shall be located underground.
The purpose of this section is to regulate bed-and-breakfast
establishments within the City. Such establishments as specified by
zoning district are subject to the conditions of this section.
A.
The individual or family who operated the bed-and-breakfast
facility must occupy the house as their primary residence.
B.
The maximum number of permitted guest rooms per bed-and-breakfast
establishment within each zoning district shall be as indicated in
the following table. Any bed-and-breakfast establishment with more
than 12 guests rooms shall be considered a hotel and shall comply
with the zoning provisions for such uses.
|
Table 34-1
Bed-and-Breakfast Guest Rooms
| ||
|---|---|---|
|
Zoning District
|
Number of Guest Rooms
| |
|
R-A, R-B, R-C*
|
3
| |
|
LB, GB
|
10
| |
|
D
|
12
| |
|
*
|
Up to 7 additional guest rooms may be permitted
in the R-C District by special exception.
|
C.
No signs are permitted within residential districts
except for a nameplate not exceeding one square foot in size and consisting
of the name of the establishment only. This nameplate may be attached
to the building, gatepost, gate, or other permanent fixture to allow
visibility from the street.
D.
One off-street parking space per guest room shall
be provided in addition to the required off-street parking for the
owner/operator. Tandem parking is allowed. However, except for the
driveway, the front yard shall not be used for parking.
E.
Food services and alcohol may only be provided to
overnight guests of a bed-and-breakfast facility pursuant to applicable
state and county regulations.
For the location of a recreational vehicle or
camper on a lot in a residential district, the following requirements
apply:
A.
Storage. A camper owned by a property owner or lessee
may be stored or parked on the premises of the owner or lessee during
periods of nonuse in any residential district, providing the camper
remains mobile. A camper not registered to operate on public highways
must be located so as to comply with the minimum setbacks for a structure
situated in the zoning district where the camper is located.
B.
Guest stationing. Any property owner or lessee in
any residential district may accommodate one camper of a nonpaying
guest for a period not to exceed 30 days in any one calendar year,
provided that:
(1)
Notification of guest stationing is furnished to the
Administrative Officer within 72 hours after arrival of the camper.
Such notification may be given orally or in writing, and the Building
Department Manager shall then enter it upon his records and shall
issue a permit.
(2)
No water or sanitary facilities within the camper
shall be used unless connected with a disposal system approved by
the Health Officer and the Plumbing Inspector, both of whom shall
give written approval thereto.
All child care facilities shall comply with
the requirements of this section as well as the provisions of RSA
170-E, Child Day Care, Residential Care, and Child-Placing Agencies.
A.
A child day-care facility as a principal use is subject
to the following standards:
(1)
All child day-care facilities shall be located on
lots that have direct access to and from a collector or arterial street,
or access to a street which shall be physically improved in order
to fulfill the function and meet the standards of a collector street;
(2)
Outdoor activity areas for child day-care facilities
shall be enclosed by fences and shall not be located in the front
yard of a residential district. Where the lot is located within or
adjacent to a residential district, the enclosure shall be a solid
fence made of wood or other suitable material not more than six feet
in height which shall be erected and maintained in good condition
around the outdoor activity area.
B.
Child day-care facilities located within a dwelling
unit and providing care for more than three children are subject to
the following standards and requirements:
(1)
The child day-care facility shall be subordinate to
a single-family detached dwelling; and
(2)
The maximum capacity of a child day-care facility
shall be 12 children; and
(3)
A child day-care facility providing care for six or more children shall be located on a lot that conforms to the minimum dimensional standards for the applicable zoning district established in § 190-16, Dimensional regulations, of this chapter;
(4)
There is on-site parking for the principal residential
use;
(5)
Outdoor activity areas for child day-care facilities
shall not be located in the front yard and shall be enclosed by a
solid fence made of wood or other suitable material not less than
six feet in height which shall be erected and maintained in good condition
around the outdoor activity area; and
(6)
No signs shall be permitted except for a nameplate
not exceeding one square foot in size and attached flat to the main
structure.
C.
Child day-care facilities accessory to a principal
nonresidential use are subject to the following standards and requirements:
(1)
Where the child day-care facility is located in a
separate building more than 500 feet from the building in which the
principal nonresidential use is located parking shall be provided
in addition to the parking required for the principal nonresidential
use; and
(2)
Outdoor activity areas for child day-care facilities
shall be enclosed by fences. Where the facility is located within
or adjacent to a residential district, the outdoor activity area shall
be enclosed by a solid fence made of wood or other suitable material
not less than six feet in height which shall be erected and maintained
in good condition around the outdoor activity area.
D.
Outdoor play for any child day-care facility located
within any residential district is restricted to the hours of 9:00
a.m. to 6:00 p.m.
A.
Applicability. This section applies to any churches, synagogues, parish houses, Sunday school buildings, convents and similar uses and their customary uses including child care on the premises during worship services, as defined in the Use Matrix (§ 190-15, Table 15-1).
B.
Standards. Churches shall comply with all of the dimensional
standards for the applicable zoning district, provided that:
|
Purpose and findings: In order to accommodate
the communication needs of residents and businesses while protecting
the public safety and general welfare of the community, the City finds
that these regulations are necessary in order to:
| |
|
•
|
Facilitate the provision of wireless
telecommunication services to the residents and businesses of the
City;
|
|
•
|
Minimize adverse visual effects of communications
towers and antennas through careful design and siting standards;
|
|
•
|
Minimize economic impacts on adjacent
property values;
|
|
•
|
Avoid potential damage to adjacent properties
from tower failure through setback requirements; and
|
|
•
|
Maximize the use of existing and approved
towers and buildings to accommodate new wireless telecommunication
antennas in order to reduce the number of towers needed to serve the
community.
|
A.
City-wide tower and antenna location plan. A City-wide
tower and antenna location plan for all communications towers and
antennas anticipated by the applicant must be submitted by the applicant
prior to or at the time of the application to the Planning Board.
The planning staff shall review the proposed plan to ensure its consistency
with this subsection and the purpose statement recited above. Said
plan shall then be forwarded to the Planning Board with a recommendation
from the staff. Upon approval of the Planning Board, all antennas
shall be installed consistent with said plan. Any amendment to the
plan shall be reviewed by the planning staff for consistency with
the original plan, including but not limited to such factors as number,
type, and location of antennas, and forwarded to the Planning Board
with any future requests for exceptions based on the plan, along with
the recommendation of the staff regarding the amendment to the plan.
[Amended 8-9-2011 by Ord. No. O-10-44]
B.
Standards. No special exception application shall be approved by the Zoning Board of Adjustment unless the communications tower complies with the criteria established in Subsections C through L of this section. The Zoning Board of Adjustment may waive the requirements of Subsections C (location) and E (height) to the extent necessary to resolve any gap in service where required by the Federal Telecommunications Act of 1996. The Administrative Officer shall provide notification as required by RSA 12-K:7(I).
[Amended 8-9-2011 by Ord. No. O-10-44]
C.
Tower locations.
(1)
New freestanding communications towers shall not be
located closer than one mile from any existing or approved communications
tower.
(2)
All communications towers must be located the greater
of 400 feet from all lot lines or the towers' height from all lot
lines of abutting residential properties.
[Amended 8-9-2011 by Ord. No. O-10-44]
(3)
In all cases, communications towers must meet the
minimum setback requirements of the underlying zoning district.
(4)
Only one communications tower is permitted on any
one residentially zoned parcel.
(5)
The Planning Board shall find that a complete assessment
of locations in order of priority has been undertaken and completed,
and that higher priority uses are exhausted or unfeasible. All communications
towers erected, constructed, located, replaced, altered, or extended
within the City shall comply with the following requirements:
(a)
Communications towers and antennas shall be
located using the following priority:
(b)
Any proposed communications tower shall be designed,
structurally, electrically, and in all respects, to accommodate both
the applicant's antennas and comparable antennas for at least two
additional users if the tower is over 100 feet in height or for at
least one additional user if the tower is less than 100 feet in height.
All users are to be charged industry standard rates on a competitively
neutral and nondiscriminatory basis. Towers must be designed to allow
for future rearrangement of antennas upon the tower and to accept
antennas mounted at varying heights.
D.
Design. Where reasonably practicable, all proposed
or modified towers and antennas shall be designed to blend into the
surrounding environment the use of color and camouflaging architectural
treatments, except in instances where the color is dictated by federal
or state authorities such as the Federal Aviation Administration.
The Planning Board may require such architectural treatments or other
design techniques as it deems necessary in order to meet the provisions
of this subsection.
E.
Height. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower shall be used in determining compliance with the tower location requirements set forth in Subsection C above.
[Amended 8-9-2011 by Ord. No. O-10-44]
F.
Lighting. No communications tower or antenna shall
have affixed or attached to it in any way except during time of repair
or installation, any lights, reflectors, flashers, or other illuminating
devices, except as required by the Federal Aviation Agency or the
Federal Communications Commission. When incorporated into the approved
design of the tower, light fixtures used to illuminate ball fields,
parking lots, or similar areas or United States flags may be attached
to the tower.
G.
Signs and advertising. The use of any portion of a tower for signs or advertising purposes is prohibited, with the exception of the provisions of Subsection J below.
H.
Communications tower safety. No communications tower
shall have constructed thereon, or attached thereto, in any way, any
platform, catwalk, crow's nest, or like structure, except during periods
of construction or repair. Every communications tower affixed to the
ground shall be protected to prohibit climbing of the tower by unauthorized
persons. At a minimum, the tower base and associated equipment shall
be surrounded by a fence of a design agreeable to the zone and in
keeping with the character of the site, of at least six feet in height
if practicable.
I.
Accessory utility buildings. All utility buildings
and structures accessory to a tower shall be architecturally designed
to blend in with the surrounding environment and shall meet the minimum
setback requirements of the underlying zoning district. Ground-mounted
equipment shall be screened from view by minimum Type B buffer as
set forth in § 190-181B(b), except where a design of nonvegetative
screening better reflects and complements the architectural character
of the surrounding neighborhood.
J.
Antennas as an accessory use. Antennas are allowed
as an accessory use on signs or their associated structural supports,
lighting poles or other similar structures, provided that the structure
otherwise conforms to the City Code, and that the nature of the structure
is not substantially altered by the addition of the antenna, and that
the antenna is mounted no more than 20 feet above the existing height
of the structure.
K.
Additional submittal requirements. In addition to the information required elsewhere in this chapter and regularly required by the Planning Board, and all other information deemed necessary to evaluate the request, development applications for towers shall include the supplemental information required by Article XLIII.
L.
Abandoned or unused towers, portions of towers, or
antennas. Abandoned or unused towers, portions of towers, or antennas
shall be removed as follows:
(1)
All abandoned or unused towers and associated facilities
shall be removed within 12 months of the cessation of operations at
the site unless a time extension is approved by the Administrative
Officer. A copy of the relevant portions of a signed lease which requires
the applicant to remove the tower and associated facilities upon cessation
of operations at the site shall be submitted at the time of application.
In the event that a tower is not removed within 12 months of the cessation
of operations at a site, the tower and associated facilities may be
removed by the City and the costs of removal assessed against the
commercial wireless telecommunications service or the property owner.
(2)
All owners of commercial wireless telecommunication
towers shall obtain and maintain a bond, with limits of $10,000 per
tower to cover the cost of removal of abandoned, unused towers or
portions of towers. A bond certificate shall be submitted to the City
of Nashua 30 days before final approval to erect the tower. The amount
of said bond shall be reviewed by the planning staff every five years
to ensure the amount of the security is adequate and may be increased
if necessary.
 |
|
This section encourages the redevelopment
of existing shopping centers, big-box retail sites, and other sites
characterized by large expanses of surface parking into a development
pattern that is pedestrian friendly, compatible with surrounding development,
provides a visually attractive site design, and which reduces reliance
on the automobile for vehicular trips.
| |
|
This section implements the following
Master Plan recommendations:
| |
|
•
|
Encourage and support businesses that
reduce employee and product-related vehicle trips.
|
|
•
|
Encourage and support businesses that
are working to reduce dependence on fossil fuels and other nonrenewable
resources.
|
A.
Applicability. Existing parking lots adjoining the
frontage of any site located within the GB, HB, PI, or GI Zoning Districts
may be replaced with buildings.
B.
Size and location of site. No minimum parcel size
is required.
C.
Uses and density. Development may consist of the following
activities:
(1)
The construction of additional buildings between a collector street right-of-way and the existing buildings (hereinafter "additional buildings"). The facades of the additional buildings which face the public right-of-way and the existing buildings on the lot, tract or parcel shall conform to the building design standards for the D-1 Downtown District (§ 190-20).
(2)
Apartments may be placed above new or existing office
or retail uses. The height of buildings adding aboveground apartments
shall not exceed that designated in Table 39-1 below.
|
Table 39-1
Commercial Retrofit Mixed Use Height Limits
| ||
|---|---|---|
|
Zoning District
|
Existing Number of Stories
|
Additional Stories of Apartment Use Permitted
|
|
LB
|
1
|
2
|
|
2
|
1
| |
|
3 or more
|
0
| |
|
GB
|
1
|
2
|
|
2
|
2
| |
|
3 or more
|
1
| |
|
HB
|
1
|
2
|
|
2
|
3
| |
|
3 or more
|
3
| |
|
PI, GI
|
1
|
3
|
|
2
|
3
| |
|
3
|
3
| |
|
4
|
3
| |
|
5 or more
|
3
| |
|
Other districts
|
1
|
2
|
|
2
|
2
| |
|
3 or more
|
2
| |
D.
Adequate public facilities. The adequate public facilities standards (Article XXIII) shall not apply to a commercial retrofit.
E.
Site design. The additional buildings shall have a facade oriented to the principal buildings and a facade facing the frontage line. The facades facing the principal buildings shall conform to the building design standards for the D-1 Downtown District (§ 190-20).
F.
Open space and parks. A commercial retrofit is not subject to the open space, parks, recreation and civic space standards of this chapter (Article XXIX); provided, however, that a commercial retrofit may provide plazas, courtyards, or forecourts.
G.
Conservation regulations. A commercial retrofit is not subject to the conservation regulations of this chapter (Article XXV).
H.
Parking.
(1)
Parking areas shall adjoin buildings to the rear. Parking areas shall not adjoin buildings at the front or the primary entryway. Additional parking may be placed to the rear of the principal buildings so long as the number of spaces for the entire site do not exceed the maximum parking requirements of this chapter (Article XXVIII, § 190-198, Table 198-1).
(2)
Parking areas may be connected to rear parking lots
on adjoining properties in order to allow customers to drive to other
locations without reentering the major street network and adding to
traffic volumes.
(3)
Service entrances and service yards shall be located
only in the rear or side yard.
(4)
Not more than four rows of parking may be placed between
the existing buildings and any buildings constructed between the existing
buildings and the street right-of-way pursuant to this subsection.
 |
|
This option provides flexibility in
site design in order to allow developers to preserve common open space
and natural resources. The specific purposes of this section are:
| |
|
•
|
To protect the public health, safety
and general welfare by avoiding surface and groundwater pollution,
contaminated runoff, air quality contamination, and urban heat islands
which result from pavement and the clearing of natural vegetation.
|
|
•
|
To protect and preserve natural resources
such as wetlands, streams, lakes, steep slopes, woodlands, and water
recharge areas.
|
|
•
|
To reduce infrastructure and housing
costs by reducing the engineering and construction costs produced
by conventional subdivision design, which requires more pavement,
wetland crossings, grading of trees and natural areas, and maintenance
from lawn and landscaping maintenance.
|
|
•
|
To protect property values by allowing
open space design features which enhance the marketability of development.
|
|
•
|
To provide design flexibility.
|
|
•
|
To promote development on soils which
are most suitable for urban densities, while preserving soils that
are primarily adaptable to other uses such as woodlands, wildlife
habitat, and agricultural uses.
|
|
This section implements the following
Master Plan recommendations:
| |
|
•
|
Encourage the protection of wildlife
habitats through improved land use regulations, . . . and the setting
aside of such land in cluster developments and planned residential
developments (PRDs) [Conservation Element].
|
|
•
|
Ensure that an adequate amount of open
space is set aside for the enjoyment of citizens, as a relief from
the built environment, and as wildlife habitat (Conservation Element).
|
|
•
|
Encourage the use of the cluster and
PRD styles of subdivision development, to enable greater amounts of
open space in subdivisions (Conservation Element).
|
|
•
|
Amend the cluster and PRD sections of
the Nashua Zoning Ordinance to increase the amount of open space required
to be set aside and decrease the amount of wetlands that can qualify
towards the total open space area (Conservation Element).
|
|
•
|
Require developers to set aside adequate
amounts of accessible and usable recreational land within subdivisions
and on large nonresidential tracts, where advisable, through the subdivision
and site plan approval processes (Conservation Element).
|
A.
Applicability. A conservation subdivision is permitted
in any residential zoning district.
B.
Size and location of site. There is no minimum or
maximum size for a conservation subdivision; provided, however, that
the minimum open space requirements may limit the availability of
this option for some sites.
C.
Uses and density.
(1)
Permitted uses are governed by the applicable zoning
district regulations.
(3)
In order to provide undivided open space for direct
views and access, at least 40% of the lots within a conservation subdivision
shall abut a conservation area.
(4)
Direct pedestrian access to the open space from lots
not adjoining the open space shall be provided through a continuous
system of sidewalks and trails.
(5)
Additional
dwelling unit density may be obtained if the incentive(s) described
in Table 40-1 are fully satisfied.
(6)
Conservation subdivisions may contain more than one
principal structure on a lot.
[Added 3-9-2021 by Ord. No. O-21-049]
|
Comment: An example of how densities
are computed for a conservation subdivision is as follows:
|
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Assume that a parcel is 100 acres and
located in the R-40 District. This district permits a maximum density
of 1.0 dwelling units per acre for conservation subdivisions. The
gross acreage is used to compute density. Total permitted dwelling
units are 100 (100 gross acres x 1 = 100 dwelling units).
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For conventional subdivisions, a minimum
lot size of 40,000 square feet applies. Assuming that 20% of the tract
is used for streets, utility easements, or other nondevelopable land,
total dwelling units (lot yield) is 80 acres in streets, etc., +40,000
= 87 lots.
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Table 40-1
Conservation Subdivision Bonus Density
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|---|---|
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(A)
Incentive
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(B)
Bonus Units (per acre) for Tracts Not
Exceeding 10 Acres
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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.
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0.25
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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.
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0.15
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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.
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0.10 to 0.25 units per acre, depending upon
the quantity and quality of the dedicated facilities as determined
by the Planning Board
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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.
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0.25
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D.
E.
Street design and transportation.
(1)
A conservation subdivision shall comply with Article XXV of this chapter, unless otherwise provided, and the provisions of this subsection.
(2)
The design of local streets shall comply with the standards for geometric design, as set forth in § 190-208.
(3)
The conservation subdivision shall include a pedestrian
circulation system that connects sidewalks with other sidewalks or
with trails, which in turn connects to potential areas qualifying
as conservation areas on adjoining undeveloped parcels or with existing
open space on adjoining developed parcels, where applicable.
(4)
Streets shall not cross existing slopes exceeding
25%.
F.
Open space and parks.
(2)
A minimum of 40% of the gross land area (GLA) shall
be designated as conservation areas. The areas designated in Table
40-2 shall be designated as conservation areas. For purposes of computing
the percent of GLA within a conservation area, the areas designated
in Column A of Table 40-2 shall be multiplied by the function value
factor in Column B of Table 40-2.
(3)
Stormwater management ponds or basins may be included
as part of a conservation area, as may land within the rights-of-way
for underground pipelines. However, land within the rights-of-way
of high-tension power lines shall not be included as comprising part
of a conservation area.
(4)
Conservation areas shall abut existing open space
land on adjacent parcels, including the open space located in other
subdivisions, public parks, or properties owned by or subject to easement
in favor of private land conservation organizations.
(5)
No conservation area shall be cleared, graded, filled, or subject to construction; provided, however, that rights-of-way for trails (see street design and transportation standards); any streets needed to provide access to the proposed subdivision; and water, sewer, electric, or cable lines may be cleared. The width of rights-of-way for streets or trails shall be restricted to the minimum as designated in the street design and transportation standards (Article XXX).
(6)
Not more than 50% of the wetlands on the site shall
be designated as a conservation area.
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Table 40-2
Conservation Subdivision Open Space
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|---|---|---|
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(A)
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(B)
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Area
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Function Value Factor
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Wetlands
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0.5
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Woodlands
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1.5
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Sensitive aquifer recharge features
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0.5
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All of the floodway and flood fringe within
the 100-year floodplain, as shown on official FEMA maps
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0.5
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All areas within 100 feet of the edge of the
100-year floodplain as delineated on the FEMA maps and any Letter
of Map Revision
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1.0
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All areas within 100 feet of the banks of any
stream shown as a blue line on the USGS 1:24,000 (7.5 minute) scale
topographic maps for the City of Nashua
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1.0
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Steep slopes (i.e., slopes exceeding 25%)
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0.5
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Soils subject to slumping, as indicated on the
medium-intensity maps contained in the county soil survey published
by the USDA Natural Resources Conservation Service
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0.5
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Significant wildlife habitat areas
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1.0
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Areas with highly permeable ("excessively drained")
soil
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0.5
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Historic, archaeological or cultural features
listed (or eligible to be listed) on national, state or county registers
or inventories
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1.0
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Scenic views into the property from existing
public roads
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1.0
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G.
Parking. In order to encourage design flexibility, to preserve open space, and to minimize impervious surfaces, a conservation subdivision is not subject to the minimum parking requirements of the parking standards (Article XXVIII) of this chapter. A conservation subdivision is subject to the maximum parking requirements of the parking standards of this chapter.
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Purpose: This section minimizes the
negative impact that nonresidential uses with drive-through windows
create because of the potential additional traffic hazards from vehicles
entering and exiting and/or waiting to patronize the facility.
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A.
Applicability. This section applies to any lot or
parcel that contains a drive-through facility or any building or structure
that has an attached drive-through facility. A "drive-through facility"
means any window or similar location at which food, merchandise, or
services are delivered to a customer while located in a motor vehicle.
A drive-through facility may consist of driveway lanes, an ordering
station, and a drive-through pickup window.
B.
Ingress and egress geometry.
(1)
Individual driveway lanes that are less than 12 feet
wide shall exit at least 85 feet from any other driveway.
(2)
Stacking lanes for the drive-through facilities shall
be at least 10 feet wide.
(3)
The need for a bypass lane shall be determined at
the time of site plan review. If required, the bypass lane shall be
at least nine feet wide.
(4)
Minimum distance for on-site stacking of automobiles (measured from the center line of the pickup window) shall conform to Table 41-1 below. The stacking distance is measured from the edge of the public right-of-way or, if there is a sidewalk in the right-of-way, the interior edge of the sidewalk, to the edge of the drive-in pickup window or ordering station, whichever is closest. [See Subsection B(8) below.]
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Table 41-1
Drive-Through Stacking Distances
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|---|---|---|
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Number of Drive-Through Lanes
|
Stacking Distance
(feet)
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|
1
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160
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2
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140
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3
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120
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4
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100
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5
|
80
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(5)
Where no turns in the drive-through lane are required,
the minimum distance to the drive-through exit from the center line
of the pickup window shall be 60 feet.
(6)
Where turns in the drive-through lane are required,
the minimum distance to the beginning of the turn from the center
line of the pickup window shall be 40 feet with a minimum turning
radius of 17 feet.
(7)
Stacking lanes shall not conflict with parking space
access.
(8)
Stacking lanes shall not cross pedestrian accessways. For purposes of this subsection, a "pedestrian accessway" means a sidewalk or other passageway designed to provide access for pedestrians from parking areas or the public right-of-way. Driveways leading to stacking lanes may cross a public sidewalk, but the area within the public right-of-way up to the edge of the sidewalk is not counted as part of the stacking lane distance required in Subsection B(3) above.
(9)
The entrance into the drive-through lanes shall not
conflict with general access to the site.
C.
Compatibility standards.
(1)
The minimum distance from a drive-through lane to
any residential zoning district shall be 30 feet as measured at the
narrowest point between the residential district boundary to the closest
point of the drive-through lane.
(2)
Alleys or driveways in residential zoning district
adjacent to drive-through facilities shall not be used for circulation
of customer traffic.
[Added 4-13-2010 by Ord. No. O-10-13]
A.
Applicability. This section applies to any new or expanded drug replacement therapy facility, as defined in § 190-264, whether sited in a new or existing building.
B.
Location. Drug replacement therapy facilities are permitted as a conditional use in the General Business (GB) and Highway Business (HB) Zone Districts. (See § 190-15, Table 15-1.) Notwithstanding Table 15-1, no drug replacement therapy facility shall be located within 1,000 feet of another such facility, nor within 1,000 feet of any residence, day-care facility, school, college, park, or playground.
C.
Standards.
(1)
Any new or expanded drug replacement therapy facility requires site
plan and conditional use permit approval by the Nashua Planning Board.
(2)
A facility management plan shall be submitted to the Planning Board
with the site plan. The management plan shall, at a minimum, describe
the population to be served and number of clients, the services to
be provided, and methods of treatment, including the identification
of controlled substances to be kept on site. The plan shall also address
staffing requirements, hours of operation, and security provisions
to prevent the theft or misuse of controlled substances. Copies of
all other licenses and permits required shall be included with the
plan.
(3)
The applicant must demonstrate to the Planning Board that the property
is adequate to accommodate the patient load, including providing sufficient
interior space to avoid patient queuing on sidewalks, in parking areas,
and in other areas outside of the facility.
(4)
Hours of operation of the facility shall commence no earlier that
7:00 a.m. and end no later than 6:00 p.m.
(5)
The facility shall offer outpatient services only. No beds or any
form of overnight accommodations are permitted.
(6)
Outdoor advertising shall be limited to one sign with an area no
greater than 12 square feet.
[Amended 2-27-2007 by Ord. No. O-06-52; 3-21-2017 by Ord. No. O-16-020]
Purpose: To recognize that housing for older persons
provides for the diverse and special needs of this group, including
the needs for meeting/function rooms and recreational facilities,
and attempt to foster development of housing alternatives for older
persons with the basic supportive facilities and services.
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•
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The development of housing for older persons may allow
residents the opportunity to enjoy the rights and privileges of ownership
and maintenance of private property within the City of Nashua.
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•
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It is a community goal to promote development of housing
for older persons that provides facilities and service offerings typically
demanded by this group, and it is also a goal to promote proximity
of such development to support services (shopping, medical services,
transportation, etc.) necessary to meet the needs of these residents.
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•
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Housing developed in this section must be established
and maintained in compliance with all applicable state and federal
laws with respect to such housing and/or medical care, including the
Fair Housing Act, as amended, 42 U.S.C. § 3601 et seq.,
NH and RSA 354-a:15.
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•
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Pursuant to RSA 354-a:15, II and III, it is recognized
that prohibitions against housing discrimination do not apply to housing
for older persons, which conforms to all applicable rules and regulations.
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•
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The intent is to foster development of housing for older
persons while detailing local planning standards and promoting consistency
with land use policies in the Master Plan and the land use laws and
regulations.
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•
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The intent is to regulate the intensity and mix of the
different types of dwelling units required to meet the needs of these
citizens so as to provide ample outdoor and livable space and to retain
a sense of personal identity intimacy and human scale within the development.
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•
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The intent is to review the bulk, height, and spacing
of buildings and the traffic circulation and parking pattern within
the development to ensure that the adequate light, air, privacy landscaping,
and open space for passive and active recreation are provided with
the development.
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The City of Nashua finds, determines and declares that:
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•
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There is a recognized need within the City for suitable
and appropriate housing for older persons.
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•
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Older persons are exclusively people age 55 and older.
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•
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According to Demographic Element of the Master Plan,
the number and proportion of persons 55 years or older will increase
significantly during the next several decades, thereby creating an
increased demand for elderly housing.
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•
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Housing for older persons can be developed to provide
housing opportunities for this group and at the same time not detract
from the low-density settlement patterns defined by significant open
space and a rural community character described in the Master Plan.
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•
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It is recognized that exclusive zoning for persons 55
or older promotes the general health and welfare.
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This section implements the following Master Plan recommendation:
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•
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Due to the likely increase in demand for elderly housing,
both for independent living and managed care facilities, it is recommended
that the Zoning Ordinance be examined and revised, if necessary, to
ensure that adequate opportunities to develop elderly housing are
available. This is especially important given the projected increase
in the senior population over the next 10 to 20 years.
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A.
Applicability. For purposes of this section, "housing for older person"
means housing that complies with the provisions of RSA 354-a:15 (Housing
for Older Persons).
B.
Where permitted.
(1)
Housing for older persons that contains duplex or multifamily dwellings
is permitted as of right in the D-1, D-3, R-A, R-B or R-C and R-9
Zoning Districts and by conditional use permits in the GB and HB Zoning
Districts subject to the requirements of this section. Housing for
older persons in the form of single-family detached dwellings is permitted
in the R-40, R-30, R-18, R-9, R-A, R-B and R-C Zoning Districts.
(2)
The provisions of this division shall apply only to applications
consisting of dwelling units of less than 1,000 square feet each.
(3)
The provisions of this division shall apply only to projects consisting
of more than 30 units in the case of new development and more than
10 units in the case of redevelopment of sites containing or most
recently containing nonresidental uses which have not received a site
or subdivision plan approval in the previous five years.
(4)
Any project approved under the provisions of this division shall
include common area of not less than 25 square feet per dwelling unit
and shall include space which is devoted to providing common services
for residents.
(5)
Housing for older persons developments may contain more than one
principal structure on a lot.
C.
Standards. Applications subject to this section shall conform to
the following standards:
(1)
Permits and phasing. The Planning Board shall approve a site plan
if it complies with the standards established below. A building permit
shall be obtained for each dwelling unit and each accessory use.
(2)
Compliance.
(a)
At the time an application is submitted to the Planning Board for site approval for housing for older persons, the applicant shall demonstrate how the proposed development will comply with the applicable provisions of this § 190-42, RSA 354-a:15 and all applicable rules and regulations established by the New Hampshire Human Rights Commission, for age discrimination in housing, if any.
(b)
In order to qualify as housing for person 55 years or older under RSA 354-a:15, IV, and obtain the density allowance set forth in Table 42-2 below, the proposed development shall provide (directly or indirectly) significant facilities and services to the extent required in § 190-42C(3) below. Such significant facilities and services include, but are not limited to, the following:
[1]
Programs designed to provide a social life for residents;
[2]
Continuing education programs of interest to residents;
[3]
Information and counseling services;
[4]
Recreational programs;
[5]
Homemaker services;
[6]
Services designed to assist residents with the maintenance and
upkeep of building and grounds;
[7]
An accessible physical environment;
[8]
Emergency and preventive health care programs;
[9]
Congregate dining facilities;
[10]
Transportation to facilitate access to social
services;
[11]
Referral services; and
[12]
Services designed to encourage and assist residents
to use the services and facilities available to them.
(3)
If significant facilities and services are so required (for housing
for persons 55 years or older), then the governing body of the particular
housing for persons 55 years or older community (e.g., a homeowners'
association), directly or indirectly, shall provide at least half
of the facilities and services itemized above or such other qualifying
significant facilities and services as approved by the Planning Board.
(4)
Dwelling unit density. The proposed development shall conform to the density established in Table 42-2 below. A density bonus may also be granted for proposed developments that also conform to § 190-48 (inclusionary zoning).
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Table 42-2
| |||
|---|---|---|---|
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Elderly Housing Density dwelling units per acre
| |||
|
Zoning District
|
Single-Family
|
Duplex
|
Multifamily
|
|
R-40
|
2
|
0
|
0
|
|
R-30
|
3
|
0
|
0
|
|
R-18
|
5
|
0
|
0
|
|
R-9
|
6
|
8
|
8
|
|
R-A
|
8
|
8
|
8
|
|
R-B
|
8
|
8
|
12
|
|
R-C
|
8
|
8
|
12
|
|
D-1, D-3
|
0
|
0
|
40
|
|
HB
|
0
|
8
|
12
|
|
GB
|
0
|
8
|
12
|
(5)
Pedestrian traffic. The use of interconnecting walkways, trails and
natural walking paths shall be an integral part of the design of any
development to facilitate access between common areas, groups of dwelling
units and open space areas. Easements shall be requested where trails
or potential trails on abutting lands may allow for a local connection.
Appropriate timing and restrictions may apply. Primary walkways and
sidewalks shall meet Americans With Disabilities Act (ADA) requirements.
Trails and natural walking paths are exempt from this requirement,
but the Board encourages maximizing accessibility to residents.
(6)
Building design. Architectural renderings of a typical unit and all
accessory buildings shall be provided which the Planning Board will
evaluate in accordance with the site plan regulations to confirm that
proposed development is an appropriate massing and scale of building,
in accordance with the underlying zoning district, and will not materially
adversely affect abutting properties' access to adequate light.
(7)
Other site conditions. In reviewing an application for subdivision
or site plan approval for a proposed housing for older persons development,
the Planning Board shall also take into consideration the nature of
the subject property, including its geographic and topographic conditions,
and the proposed development's impact on the topography, slopes, wetlands,
viewsheds and surrounding neighborhood to avoid any material adverse
impacts thereto.
(8)
Safety issues. The following requirements may be amended at the discretion
of the Planning Board prior to final approval:
(a)
Each unit shall have address numbering of contrasting color
to the structure, a minimum of six inches in size, and visible from
the street and/or driveway.
(b)
In the case of shared driveways, a permanent marker (preferably
granite) shall be visible from the street and shall depict, by diagram,
the location and the number of each dwelling unit. Additional markers
shall be placed at any split in the shared portion, shall be a minimum
of 16 feet in width, a maximum grade of 9%, designed to allow safe
access and support the weight of emergency vehicles. Shared driveway
designs are subject to Board approval.
See Part 5, Excavation Regulations.
Wall, fence or similar enclosures shall conform
to the following:
A.
In residential zoning districts, shall not exceed
six feet in height or interfere with traffic circulation.
B.
In nonresidential zoning districts, shall not interfere
with traffic circulation (no height restriction).
C.
Parcels
directly adjacent to the Frederick E. Everett Turnpike, including
exits and entrances, upon which there are residential uses, may construct
boundary fences up to 14 feet in height on the lot line or lot lines,
or portion(s) thereof, which directly adjoin the Turnpike. Such Turnpike
boundary fences exceeding seven feet in height shall seek a building
permit through the Department of Building Safety and can only be constructed
upon issuance of said building permit and subject to its conditions,
if any.
[Added 12-12-2023 by Ord. No. O-23-065]
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Purpose: This section reconciles the
interests of the City and residential neighborhoods relating to health
and safety, traffic, property values and aesthetics, with the economic
interests and public needs relating to gasoline stations. This section
mediates these concerns by:
| |
|
•
|
Varying spacing requirements for small
gas stations, car-care centers, and convenience stores selling gas.
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|
•
|
Applying design standards and signage
regulations to canopies and pumps.
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A.
Location requirements. No property in the City shall
be used for the sale of gasoline at retail unless it is located 750
feet or more from property line to property line of any other property
used for the sale of gasoline at retail. Nothing in this section shall
be construed to forbid the installation of one additional pump and
appurtenant underground tank for the purpose of vending gasoline or
diesel fuel on properties used for the sale of gasoline at retail
at the time this section becomes effective.
B.
Uses. The retail sale of gasoline shall be considered
the principal use of the site. Uses contained within the principal
structure may include the following uses:
C.
Accessory uses.
(1)
The accessory uses listed below may be combined with
the principal uses pursuant to Table 45-1:
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Table 45-1
Accessory Uses
| |||
|---|---|---|---|
|
Number of Accessory Uses Permitted
| |||
|
Lot Area
(square feet)
|
Lots Not Within 400 Feet of a Residential
Zoning District
|
Lots Within 400 Feet of a Residential
Zoning District
| |
|
Less than 10,000
|
2
|
1
| |
|
10,000 to 19,999
|
4
|
2
| |
|
20,000 to 43,560
|
6
|
3
| |
|
Greater than 43,560
|
8
|
4
| |
(2)
However, not more than one of the following uses is permitted on the same lot or parcel to a gasoline or service station unless the applicant complies with the adequate public facilities standards (Article XXIII).
(a)
Car washes, if permitted or conditionally permitted by the respective zone, and subject to the specifications of § 190-45H below.
(b)
Auto repair, if permitted or conditionally permitted
by the respective zone, and limited to the following activities:
[1]
Changing of engine oil and filters.
[2]
Lubrication of motor vehicle chassis.
[3]
The cleaning of component parts.
[4]
Brake adjustment and replacement.
[5]
Alignments.
[6]
The sale and installation of batteries and minor
automotive accessories.
[7]
The sale, mounting and repair of tires.
[8]
The servicing of air conditioners.
[9]
The servicing of air pollution control devices.
[10]
The testing, adjustment and replacement of parts.
[11]
Towing operations.
(c)
Fast-food/deli counter services for made to
order food.
(d)
Exterior standalone ATM machine(s).
(e)
Ticket outlet/distribution services for entertainment
or sporting events.
(f)
Video games, arcades or video rental.
(g)
Drive-through window.
(h)
Mail/package pickup services.
(i)
Outdoor sales (in excess of 300 square feet).
D.
Pumps.
(1)
Pumps shall be a minimum 20 feet from public right-of-way
and from buildings.
(2)
Pumps shall be located a minimum of 50 feet from residentially
zoned properties.
(3)
Pump islands shall be designed with a minimum of one
vehicle stacking spaces behind vehicle parked at the pump closest
to an exit and/or entrance driveway.
E.
Canopies.
(1)
Canopies can be no higher than the district regulations
for structures.
(2)
Fixtures shall be recessed into the canopy so that
no glare is visible from the fixture.
(3)
Canopies are considered an accessory structure and
are included in all calculations for site coverage.
(4)
No more than 18% of the site shall be covered by a
canopy.
F.
Circulation. The on-site circulation pattern shall
include adequate driving space to maneuver vehicles around cars parked
at the pumps, with adequate areas for the circulation of vehicles
not involved in the purchase of fuel, including deliveries of gasoline
and merchandise. The Planning Board may restrict delivery times depending
on the site location, adjacent traffic volumes and property dimensions.
G.
H.
Automatic car wash.
(1)
One automatic car wash, capable of washing only one
car at a time, is permitted on the lot or parcel in the building or
structure in which car washing occurs, located 50 feet away from any
residential zoning district.
(2)
All washing facilities shall be located within a building
which is enclosed except those openings necessary for vehicular and
pedestrian access. Car wash facilities within 200 feet of a residential
building shall have doors on any openings to minimize noise.
I.
Auto repairs. All auto maintenance lubes or other
authorized or permitted repairs must be conducted wholly within a
structure.
J.
Service bays. Service bays shall be located at least
75 feet from the nearest property line. If the service bays face residentially
zoned or occupied property, the Planning Board may restrict hours
of operation.
K.
Self-service vacuum stations. All self-service vacuum
stations shall be located at least 30 feet from residentially zoned
property.
L.
Outdoor loudspeakers. Outdoor loudspeakers or public
address systems designed to communicate with customers at pump islands
shall not be audible beyond the property line of the lot or parcel.
M.
Refuse storage and disposal. Trash areas shall be
provided and screened on at least three sides from public view by
an opaque impact-resistant fence of sufficient height to screen the
dumpster(s).
N.
Landscaping. The area between the public sidewalk and the private curbs defining the limits of the driveways and the parking areas on the site shall be landscaped consistent with § 190-185.
O.
Perimeter wall. A minimum six-foot-high solid fence or wall with a minimum five-foot-wide landscaped strip along the full length of the wall and property line is required when the facility abuts any residentially zoned property. The landscaped strip shall comply with § 190-181, and is in lieu of any buffer required by that section.
P.
Outdoor sales. In addition to the requirements in § 190-53, the outside display of merchandise is permitted only under a canopy, or if there is no canopy, on or between the pump island, or in an area immediately adjacent to the cashier's kiosk.
Q.
Stacking. Minimum distance for on-site stacking of automobiles (measured from the center line of the pickup window) shall be consistent with § 190-41 (drive through or drive in uses), Table 41-1.
R.
Design. Architectural elevations of all buildings and structures for the convenience store and any accessory uses or secondary principal uses sharing the premises shall be submitted for review and approval by the Planning Board pursuant to Article XXIV of this chapter (building design). Where the lot is within 100 feet of a residential district, architectural design of buildings and structures shall recognize and respect the architectural character of the existing adjacent neighborhood in terms of scale and proportion. The review by the Planning Board shall be conducted with attention to proposed architectural features, details, materials, and colors of buildings and structures, and the Board may require modification of designs and may impose conditions in granting approval.
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Purpose: This section accommodates the
need of halfway houses and juvenile homes service providers while
protecting neighborhoods by establishing restrictions on density and
spacing consistent with state and federal law.
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A.
Applicability.
(1)
This section applies to any of the following:
(a)
Any community living facility. A "community
living facility" means any halfway house or other residence devoted
to persons with developmental disabilities. The phase "developmental
disability" shall have the meaning assigned in RSA 171-A:2.
(b)
Any halfway house. A "halfway house" means any
residence where two or more people reside for the purpose of their
rehabilitation, behavioral modification or therapeutic counseling.
A "halfway house" may include a facility for the care and supervision
of delinquent youth, persons with mental health illnesses, or substance
abusers (e.g., alcoholism, drug addiction), or any other facility
where persons are aided in readjusting to society following a period
of imprisonment or institutionalized treatment.
(2)
Pursuant to an application for a variance or an appeal,
the ZBA may waive any part of this section to the extent need to avoid
frustrating the state policy to locate community living facilities
in predominantly residential areas, and to provide facilities, programs,
or services which least inhibit the freedom of movement, freedom of
choice, and participation in the community of a person with a developmental
disability, while achieving the purposes of habilitation and treatment.
(3)
In addition to a conditional use permit, an applicant
must comply with site plan review regulations as set forth in Parts
3 and 4.
B.
Dimensional standards. The dimensional requirements for a development of attached or multifamily dwellings shall be as specified in § 190-16, Dimensional regulations, of this chapter, for the respective districts. Where the center is not comprised of dwelling units, but provides rooms for sleeping quarters together with common sanitary and dining facilities, the number of rooms used as sleeping quarters shall not exceed the number of dwelling units that would otherwise be permitted on the premises.
C.
Building design.
(1)
No buildings shall have a horizontal dimension, whether length or width, in excess of 160 feet, and all buildings shall comply with the maximum height as specified in § 190-16, Dimensional regulations, of this chapter for the respective districts in which attached or multifamily dwellings are permitted. There shall be a minimum of 40 feet of separation between all buildings and a minimum of 15 feet of separation between buildings and parking lots.
(2)
To the extent practical, all new construction or additions
to existing buildings shall be compatible with the scale and character
of the surroundings, and exterior building materials shall be harmonious
with other buildings in the neighborhood.
D.
Spacing. Halfway houses shall be located at least 1/4 mile from all existing halfway houses and from all of the following uses as defined in the Use Matrix (§ 190-15, Table 15-1):
(1)
Correctional facility.
(2)
Orphanage, children's homes and similar uses.
(3)
Day-care facility, adult.
(4)
Hotel, motel, or tourist court.
(5)
Schools, academic, continuance, alternative, adult,
colleges and universities, and technical, trade, and other specialty
schools; nursery and preschool, grade schools, elementary, middle,
and high schools.
E.
Operations.
(1)
The maximum number of persons served shall not exceed
32.
(2)
On-site services shall be for residents of the facility
only, except where part of a regimen of scheduled postresidential
treatment.
(3)
The operator shall submit a management plan for the
facility and a floor plan showing sleeping areas, emergency exits
and bathrooms.
A.
Minor home occupation. The purpose of this subsection is to permit the accessory use of a residence for business purposes which are clearly incidental to the principal residential use, provided that the use does not change the residential character or function of the property to the extent that the property would be distinguishable from other residential properties. Upon determination of compliance with the following conditions, the Administrative Officer shall issue a certificate of use and occupancy for the minor home occupation as provided for in § 190-130 of this chapter:
(1)
No nonresidents shall be employed on the premises.
(2)
No more than 20% of the existing gross floor area
of the dwelling or 200 square feet, whichever is less, shall be devoted
to such use.
(3)
The use shall be carried on entirely within the principal
building.
(4)
The use shall not change the internal or external
residential character of the dwelling or require internal or external
alterations to the structure.
(5)
There shall be no exterior storage or display of any
kind which is related to the home occupation.
(6)
Visitation to the premises in conjunction with the
home occupation by customers, vendors, solicitors or commercial deliveries
shall be unusual and may only be on an infrequent basis, i.e., no
more than three such visits per week, on the average.
(7)
The use shall be conducted in such a manner that the
premises is otherwise indistinguishable from other residences in the
neighborhood and shall not create any noise, dust, vibration, odor,
smoke, glare, electrical interference, fire hazard or nuisance to
any greater or more frequent extent than that usually experienced
in a residential dwelling.
(8)
There shall be no advertising on the premises other
than a single nonilluminated sign which shall not exceed two square
feet in area and which may only identify the occupant's name and address.
The street address of the premises shall be prominently displayed
by use of numerals no smaller than three inches in height and no larger
than six inches in height.
(9)
Not more than one commercial vehicle shall be stored,
parked or otherwise situated on the premises. Such vehicle shall not
exceed 25 feet in length.
B.
Major home occupations. The purpose of this subsection is to permit the accessory use of a residence for business purposes which is clearly incidental to the principal residential use, provided that the use does not significantly change the residential character or function of the property to the extent that the use will be objectionable to other residential uses in the neighborhood. Specifically, the following special regulations must be met to the satisfaction of the Zoning Board of Adjustment as well as the conditions set forth in § 190-134 before a special exception can be granted. In granting a special exception, the Zoning Board of Adjustment may attach any reasonable conditions to the approval to ensure the protection of the residential character of the neighborhood:
[Amended 11-12-2008 by Ord. No. O-08-38]
(1)
No more than one nonresident shall be employed.
(2)
No more than 30% of the gross floor area of the dwelling
or 300 square feet, whichever is less, shall be devoted to such use,
except for child day-care facilities, which may use up to 420 square
feet.
(3)
The use shall be carried on strictly within the principal
building.
(4)
The use will not change the internal or external residential
character or function of the dwelling to the extent that the use will
be objectionable to other residential uses in the neighborhood.
(5)
There shall be no exterior storage or display of any
kind which is related to the home occupation.
(6)
The use shall not create any noise, dust, vibration,
odor, smoke, glare, electrical interference, fire hazard or nuisance
to any greater or more frequent extent than that usually experienced
in other residential dwellings.
(7)
Only goods produced on the premises, and made to order
for a specific customer, may be sold on the premises.
(8)
There shall be no advertising on the premises other
than a single nonilluminated sign which shall not exceed two square
feet in area. Such sign may only indicate the owner's name and address,
and the street address shall be prominently displayed by use of numerals
no smaller than three inches in height and no larger than six inches
in height.
(9)
Not more than one commercial vehicle shall be stored,
parked or otherwise situated on the premises. Such vehicle shall not
exceed 25 feet in length.
(10)
The use will not cause vehicular traffic which
is substantially different from that which currently exists on the
street.
C.
Sign regulations. The following regulations apply
to any home occupation sign in any residential district:
(1)
Maximum sign area shall be two square feet.
(2)
Sign shall not be illuminated.
(3)
Sign content shall be identification only including
the name and address of the occupant or business.
(4)
Maximum number of home occupation signage per premises
shall be one.
(5)
Advertising on the premises is prohibited.
(6)
Street address of the premises shall be prominently
displayed by use of numerals no smaller than three inches in height
and no larger than six inches in height.
[Amended 12-28-2021 by Ord. No. O-21-073]
A.
AFFORDABLE
(1)
(2)
AFFORDABLE HOUSING
AREA MEDIAN INCOME (AMI)
CDD
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)
DOWNTOWN
HOUSING DEVELOPMENT
OWNERSHIP HOUSING
RENTAL HOUSING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
For rental housing, that the total housing costs for the dwelling
unit, inclusive of utilities and other directly related expenses,
do not exceed 30% of the income of the household; or
For owner-occupied housing, that the total cost of mortgage
principal and interest, property taxes, association fees and homeowners'
insurance does not exceed 33% of the maximum allowed income of the
purchaser. Calculation of housing costs shall be based on a methodology
developed by the CDD that outlines reasonable assumptions for taxes,
utilities, down payment levels, and mortgage terms. In the absence
of a current methodology, the calculation shall be based on a thirty-year
fixed rate mortgage with the average current interest rate for a no-points
mortgage, a five-percent down payment, and most current taxes, insurance,
and other incidental costs, and shall include an assumed private mortgage
insurance if relevant.
Any housing unit for which occupancy is limited to households
at or below income levels for which the unit is intended to be affordable
and for which maximum rents or sales prices are set so the unit will
be affordable at or below that income level.
The most current median income in the HUD Metropolitan Fair
Market Rent Area (HMFA) for Nashua, NH, adjusted for the number of
persons in the household, as determined by the U.S. Department of
Housing and Urban Development.
Community Development Department of the City of Nashua, or
its successor.
As defined in 24 CFR 92.2, which is hereby incorporated by
this reference.
Any lot, parcel or tract within a contiguous area that is
located within the D-1 or D-3 zoning districts.
Creation of new housing units through new construction and/or conversion of existing space currently or previously used for nonresidential purposes. Renovation of existing housing units is not considered housing development for the purposes of this § 190-48, unless it creates additional housing units, in which case the net new number of units shall be considered housing development.
Any dwelling unit intended to be conveyed in fee simple,
condominium, or equity-sharing arrangement such as a community housing
land trust and limited equity cooperatives.
Any dwelling unit intended to be rented rather than conveyed
as ownership housing.
B.
Affordable housing requirements.
(1)
This section applies to any application for housing development approval
within the City as further outlined in Table 48-1 below.[1] All housing developments must meet the requirements of
Table 48-1 below as explained in this section:
(a)
Units: The total number of housing units in the proposed housing
development.
(b)
Location: "Citywide" refers to projects in any location in the
City of Nashua other than Downtown. "Downtown" refers to projects
located in the Downtown.
(c)
IZ Required: This column indicates whether a housing development
of a specific unit count in a specific location is required to include
below-market affordable units as per this section.
(d)
Total Percent Required: This column indicates the percentage
of the total number of units that are required to meet Tier 1 and
Tier 2 Target AMI levels as outlined in the next two columns.
(e)
Tier 1 Target AMI: This column indicates a percentage of the
total number of units that must be affordable at or below a specific
target AMI.
(f)
Tier 2 Target AMI: This column indicates a percentage of the
total number of units that must be affordable at or below a second
specific target AMI.
(g)
Payment in Lieu for Partial Units: This column indicates whether
partial units from the total percent required and Tier 1 and Tier
2 AMI levels can be met with a payment into the Housing Trust Fund
(R-21-118 as amended).
(h)
Payment in Lieu for All Units: This column indicates whether
a developer has the option of meeting its requirements under this
section in full through payment to the Housing Trust Fund in lieu
of providing units on-site into the Housing Trust Fund (R-21-118 as amended.) If this column says "No,"
the developer shall not make payments in lieu of any whole unit calculated
under the Tier 1 and Tier 2 requirements and must provide those full
units.
(i)
Payment in Lieu Value: This column indicates the fee in lieu
amount per full unit. That amount is prorated for partial units proportionately.
(j)
Bonus Density Ratio: This column indicates an additional number of market rate units that may be provided in a housing development in return for providing required affordable units on-site. This bonus does not apply for fractional units or full units for which a developer makes a payment in lieu, or for units provided off-site. For more details see Subsection E below.
[1]
Editor's Note: Table 48-1, Inclusionary Zoning (IZ) Policy Matrix, is included as an attachment to this chapter.
(2)
In cases of conflict between Table 48-1 and this section, the language
in the table shall prevail.
C.
Term, location and size of affordable units.
(1)
The intent of this section is to ensure that affordable units created
under its requirements be affordable for a period of 99 years. The
developer must make a binding commitment that such units will remain
affordable for the longest time periods permissible by federal and
state law. Affordability of the units for the required terms shall
be controlled through a deed restriction, restrictive covenant, or
CDHO approved by CDD, that will provide details on how to ensure households
are below income maximums; resale of units is limited to prices affordable
below income maximums; and other relevant terms to ensure that the
units meet the intent of this section.
(2)
Required affordable units must be integrated with the rest of the
housing development, must use a common entrance, and must provide
no indications from common areas that these units are affordable housing
units.
(3)
Required affordable units need not be the same size as other units
in the housing development but the number of bedrooms in such units
shall be no less than 10% of the total number of bedrooms in the housing
development. For the purposes of calculating the number of bedrooms
in a housing development, every 400 square feet in each market rate
unit will count as a bedroom if CDD determines this method is appropriate
in lieu of counting actual bedrooms.
D.
Certificates of occupancy and project phasing.
(1)
No final certificate of occupancy (CO) shall be issued for a housing development until the terms of this section are met, including but not limited to the requirements of Subsection C above and the complete payment of any fees in lieu of units to the Housing Trust Fund.
(2)
Certificates of occupancy for affordable units must be obtained at
the same time as those of other housing units in the housing development.
(3)
A housing development may be separated into phases of reasonable
sizes, in which case the affordable units and/or fees in lieu must
be provided in proportion to the portion of the project completed.
However, projects shall not be segmented or phased to avoid compliance
with these provisions, such as by proposing more units than are intended.
E.
Bonus density ratios.
(1)
Any development that provides required affordable units as outlined
in this section is eligible for a bonus density ratio as listed in
Table 48-1.[2]
[2]
Editor's Note: Table 48-1, Inclusionary Zoning (IZ) Policy Matrix, is included as an attachment to this chapter.
(2)
This ratio is an additional number of market rate units that may
be built in proportion to the total number of on-site required affordable
units. Off-site units or fees-in-lieu do not count towards this total.
(3)
All project phases shall have an affordable housing component. In
the case of fractional units, the number of bonus units shall be rounded
down. However, fractional bonus density units may be combined with
other fractional units for which a project may be eligible to create
additional units if the fractions add up to one or more. For example,
a ten-unit project with a ten-percent inclusionary requirement and
a 2.5:1 bonus density ratio would be able to build 11 market rate
units (9 + 2.5 rounded down) and one on-site affordable unit. If the
base zoning permitted this project to have 10.5 units in total, the
project could have 12 market rate units (9.5 + 2.5) and one on-site
unit, as well as a fee-in-lieu for 0.05 units (0.5 x 10%).
(4)
The bonus density units do not count toward the base number of units
for which an inclusionary zoning requirement is calculated in this
section. For example, a ten-unit project with a ten-percent inclusionary
requirement and a 2:1 bonus density ratio would be able to build 11
market rate units and one on-site affordable unit. However, if the
affordable unit is not provided on-site, or replaced with a fee-in-lieu,
the project could only build 10 units.
F.
Enforcement.
(1)
Affordability of rental units shall be enforced through a deed restriction
and lien granted to the City of Nashua.
(2)
Affordability of ownership units shall be enforced through a deed
restriction. Rental of affordable ownership units shall be permitted
only upon notification of the City of Nashua and demonstration of
compliance with rental affordability requirements as defined in this
section.
G.
Administration.
(1)
This section shall be administered by the CDD, including establishing
and updating affordable sales prices and rents based on reasonable
and documented methodologies.
(2)
CDD shall promulgate regulations to further specify the details of
this section, which shall be approved after a hearing and vote of
the Planning Board.
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Purpose: This section establishes regulations
consistent with state law, including RSA 236:111 to 236:129.
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A.
All motor vehicle recycling yards and junkyards shall
comply with the requirements of this section as well as the applicable
provisions of RSA 236:90 et seq., as amended, or RSA 236:111 et seq.
B.
Motor vehicle recycling yards and junkyards established
or expanded after the effective date of this chapter shall be located
at least 300 feet from any residence or office residence district.
C.
Any new motor vehicle recycling yard and junkyard
and any substantial intensification of an existing facility shall
require approval of a conditional use permit. For the purposes of
regulating motor vehicle recycling yards and junkyards "substantial
intensification" shall mean any of the following:
(1)
Any geographic expansion of the facility.
(2)
The addition of any shredding, milling, grinding;
baling or packing equipment for the handling of scrap or salvage materials,
or the replacement of any existing shredding, milling, grinding, baling
or packing equipment for the handling of scrap and salvage materials.
(3)
The replacement of any existing shredding, milling,
grinding, baling or packing equipment for the handling of scrap and
salvage materials, which results in an increase of greater than 10%
in the rated compression capacity, shear force capacity or other appropriate
power or capacity measurement approved by the Administrative Officer
for the piece of equipment being replaced.
D.
All motor vehicle recycling yards and junkyards shall
provide the following with any application for conditional use permit:
(1)
A vicinity plan.
(2)
A description of natural features, including streams,
rivers, lakes, wetlands and major topographical features located within
350 feet of the site.
(3)
A description of the proposal and how it compares
to land uses within 350 feet of the site.
(4)
A description of any potential environmental hazard
due to existing or proposed land uses, including soil, water and air
contamination.
(5)
An air quality plan describing stationary and mobile
source air emissions, their quantities and composition, and indicating
conformance with all applicable air quality regulations.
(6)
A dust management plan describing dust emission sources,
their quantity and composition, and how dust will be collected, managed
and disposed of, and indicating conformance with all applicable dust
emission regulations.
(7)
A sound attenuation plan describing sources of sound
and indicating conformance with all applicable sound and noise regulations.
(8)
A vibration dampening plan describing sources of vibration
and indicating conformance with all applicable vibration regulations.
(9)
A drainage plan for stormwater management and runoff.
(10)
A traffic plan describing the number of truck
trips the proposal will generate and the principal access routes to
the facility, including a description of the facility's traffic impact
on the surrounding area.
E.
No material shall be placed in any motor vehicle recycling
yard or junkyard in such a manner that it is capable of being transferred
out of the motor vehicle recycling yard or junkyard by wind, water
or other natural causes. The loose storage of paper and the spilling
of flammable or other liquids into streams or sewers is prohibited.
F.
All materials shall be stored in such a manner as
to prevent the breeding or harboring of rats, insects or other vermin.
Where necessary, this shall be accomplished by enclosure in containers,
raising of materials above the ground, separation of types of materials,
preventing the collection of stagnant water, extermination procedures
or other means. Professional monthly exterminating services are required,
and a log indicating the dates and findings of such professional services
shall be maintained on the premises. Upon proper inspection and investigation,
the Administrative Officer may waive any portion of these requirements.
A.
Applicability. This section applies to manufactured
housing located in manufactured home parks. Manufactured home parks
are permitted where indicated in the Use Matrix, provided that:
(1)
The lot conforms to the dimensional and density regulations set forth in § 190-16, as well as all other applicable regulations of this section.
(2)
Evidence shall be presented to substantiate that adequate
provision is being made for water supply and sewage disposal.
(3)
The manufactured home residence must conform to the
general character of developed land uses within the neighborhood.
B.
Sewage and waste disposal.
(1)
No disposal of sewage from a flush toilet or other
discharge of liquid waste from a manufactured home shall be permitted
except when the discharge pipe or other outlet is directly connected
to a City sewer or disposal system approved by the Plumbing Inspector
and Health Officer, or other approved means of treatment and disposal
is provided.
(2)
No dry or chemical toilet in a manufactured home shall
be used, and such toilets or flush toilets, unless sewer-connected
or unless as connected otherwise to conform to the provisions of this
section, shall be sealed while within the City limits.
D.
Permits.
(1)
It shall be unlawful for any person to establish, maintain or operate within the City limits any manufactured home park, whether charges are levied or not, without obtaining and possessing a land use permit from the Administrative Officer. (See § 190-128.)
(2)
Application for a permit shall be made in writing
to the Administrative Officer. The application shall state or describe
the location of the existing or proposed manufactured home park, the
number of lots, the proposed source of water supply, the proposed
method of sewage disposal, the proposed method of garbage and trash
disposal, and the proposed lighting system.
(3)
The applicant must file with the Administrative Officer
a complete plan of the proposed manufactured home park. This plan,
accompanied by legal description of the property shown, shall be drawn
to scale and must clearly show the extent and area of the land to
be used for manufactured home park purposes. The plan shall represent
existing and proposed roads and driveways, the individual manufactured
home lots, principal topographic features, easements, the plans for
water supply, sewerage and sewer disposal, garbage and trash disposal,
lighting, general drainage, park or playground areas, and proposed
office, laundry, recreation, sanitary convenience or other buildings.
Supplementary data such as key elevations, contours and street profiles
must be submitted if requested by the Administrative Officer.
(4)
Upon receipt of the proper application for a permit,
the Administrative Officer shall promptly cause an inspection of the
premises to be made in company with the Health Officer. The Administrative
Officer and the Health Officer shall thereupon submit to the Planning
Board a copy of the proposed plan and a report of the inspection in
such manner as the Planning Board may request, together with any recommendations
they may deem necessary or advisable for the revision of or amendment
to the plan in the interests of the general welfare of the community.
(5)
When satisfied that the proposed manufactured home
park will not be a source of danger to the health or safety of its
occupants or to others, and will comply with this and all other City
ordinances, and will conform to accepted principles of good community
planning, the Planning Board shall affix its approval to the final
plan and description by signature of the Chairman accompanying the
word "Approved," and the date of approval as voted by a majority of
the Planning Board.
E.
Location and space requirements.
(1)
Permitted locations for a manufactured home park shall
include only sites which are or will be well-drained, not subject
to smoke, to noise excessive for residential purposes, to the probability
of flooding or erosion, or to insect or rodent infestation.
(2)
Not more than one manufactured home shall be placed
upon a lot. No manufactured home shall be situated closer than 50
feet to any permanent residence on adjoining property.
(3)
Each lot in a manufactured home park shall contain
not less than 9,000 square feet and shall have a frontage of at least
90 feet. The boundaries of each lot shall be designated by permanent
markers such as stone monuments or iron pipe placed in the ground
at each corner. Each lot shall contain parking for one automobile,
and shall be kept free from dense growth of brush or weeds.
(4)
The front yard setback of each lot shall be at least
25 feet. The rear setback of each lot shall be at least 15 feet. The
side setbacks of each lot shall be at least 10 feet. In establishing
these setbacks, and other space requirements, awnings, vestibules
or other attached building components and patios shall be considered
an integral part of a manufactured home.
(5)
Any buildings other than manufactured homes in a manufactured
home park shall be situated on the lot in accordance with the setbacks
required for the zoning district in which they are located. Such buildings
shall be separated by a minimum distance of 10 feet.
(6)
The minimum acreage for the site of a manufactured
home park shall be 15 acres.
F.
Concrete stands. Each manufactured home site shall
be provided with a stand consisting of either a solid concrete slab
or two concrete ribbons of a thickness and size adequate to support
the maximum anticipated loads during all seasons. When concrete ribbons
are used, the area between the ribbons shall be filled with a layer
of crushed rock.
G.
Foundation. Manufactured housing located outside of
a manufactured home park shall be set on a permanent foundation consisting
of solid concrete, masonry or block. Manufactured housing located
in a manufactured home park shall be screened with masonry skirting.
I.
Convenience facilities and establishments. Coin-operated
laundries and other commercial convenience establishments may be permitted
in manufactured home parks, provided that:
(1)
They are subordinate to the residential character
of the park;
(2)
They are located, designed and intended to serve only
the needs of persons living in the park;
(3)
They and any parking areas related to their use shall
not occupy more than 5% of the total developed area of the park; and
(4)
They present no visible evidence of their commercial
nature to areas outside the park.
J.
Storage space. Each park shall provide either one
central waterproof structure available to all manufactured home sites,
or a single waterproof structure for each manufactured home site,
suitable for storage of goods and the usual effects of persons occupying
the park.
K.
Street design and transportation. Street design and transportation shall comply with Article XXX.
M.
Garbage and refuse disposal.
(1)
All garbage and refuse in a manufactured home park
shall be stored in suitable watertight and flytight receptacles which
shall be kept covered with tightly fitting covers. At least one such
receptacle shall be provided and conveniently located for each lot.
It shall be unlawful for any person to disposal of garbage or refuse
of any kind upon the grounds of a manufactured home park.
(2)
The owner or manager of the park shall ensure that
all garbage and refuse is disposed of regularly and in a sanitary
manner approved by the Health Officer.
N.
Lighting. Every manufactured home park shall be provided
with adequate street lighting facilities, and shall be kept lighted
in accordance with the timetable for the lighting and extinguishing
of public streetlights. In no case shall the lighting intensity be
less than 0.2 footcandle. This may be increased where it is determined
by the Board that conditions of pedestrian and vehicular traffic warrant
it.
O.
Maintenance and repairs. Manufactured home parks and
all structures situated therein shall be kept in good repair and shall
at all times be maintained in a clean and sanitary condition. Streets
and driveways within such parks shall be graded, well drained, kept
in good order and kept open so as to permit the entry of fire-fighting
or other emergency equipment at all times.
P.
Records. The owner or manager of every manufactured
home park shall keep a record of all manufactured home owners and
a record of all guests with campers, noting the name and address of
each lot occupant, the license number of each automobile and of each
manufactured home or camper, the state issuing such licenses, and
the dates of arrival and departure. This register shall be available
at all times for inspection by representatives of the Police and Health
Departments.
Q.
Inspections. The Administrative Officer, Health Officer
and Fire Inspector shall inspect each manufactured home park from
time to time, at reasonable hours.
R.
Application of City ordinances. In the location, operation
and maintenance of a manufactured home park, this article and all
other ordinances of the City not in conflict herewith shall be observed.
S.
Enforcement. The several municipal departments shall,
according to their customary official responsibilities, enforce the
provisions of this division. For that purpose, representatives of
the several municipal departments such as the Building Department
Manager, Health Officer, Fire Inspector and police are hereby empowered
to inspect manufactured home parks at all reasonable times.
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Purpose: A Neighborhood Center provides
shopping, service and employment opportunities within walking or driving
distance of residential areas. The Center is spatially defined and
concentrated in a nodal pattern, as opposed to conventional strip
shopping centers. Neighborhood Center features urban design guidelines
such as zero setbacks and streetscapes with windows and entryways.
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This section permits Neighborhood Center
in a wider variety of districts and situations, subject to strict
design standards that prohibit strip development and encourage walkable
streetscapes. Freestanding commercial uses that do not meet the standards
of this section are located in the other commercial zoning districts.
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This section implements the following
Master Plan recommendations:
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•
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Provide adequate shopping and service
opportunities for under-serviced populations.
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•
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Encourage infill development within,
and work to revitalize existing commercial areas.
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•
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Guide commercial and industrial development
to the existing built areas of the City and minimize development in
outlying, undeveloped areas.
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•
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Encourage and support businesses that
reduce employee and product-related vehicle trips.
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A.
Applicability. This section applies to any of the
following:
(1)
The expansion of any commercial use located in a residential
zoning district that was lawfully established but no longer conforms
to the applicable use restrictions. This section does not apply to
the existing use, operation, or improvement of such facilities unless
the applicant requests permission to expand, renovate, or redevelop
the existing building or parking areas.
(2)
Any Neighborhood Center authorized by a conditional
rezoning to an LB Zoning District.
B.
Processing procedures. A Neighborhood Center shall
require approval of a site plan.
C.
Size and location of site.
(1)
A Neighborhood Center may be located at the intersection
of any collector or higher traffic volume street classification as
a conditional use within all residential zoning districts.
(2)
A Neighborhood Center shall not exceed 150 feet of
frontage.
(3)
The establishment of a Neighborhood Center shall not
establish a precedent for higher-density zoning between the nodes
or intersections where the Neighborhood Centers are established.
D.
Uses and density. A Neighborhood Center may include
any of the uses permitted in a LB Zoning District. Residential dwellings
are permitted above or below the first floor of any building with
commercial and/or retail uses. Dimensional requirements shall conform
to Table 51-2.
|
Table 51-2
Dimensional Requirements
| |||
|---|---|---|---|
|
(A)
|
(B)
|
(C)
| |
|
R-40, R-30
|
R-18, R-9
|
R-A, R-B, R-C
| |
|
Minimum frontage (feet)
|
15
|
15
|
15
|
|
Maximum frontage (feet)
|
150
|
150
|
150
|
|
Maximum height (stories)
|
2
|
2
|
2
|
|
Minimum front setback (feet)
|
30
|
20
|
0
|
|
Maximum front setback [principal arterial, arterial]
(feet)
|
35
|
25
|
25
|
|
Maximum front setback [collector, local] (feet)
|
10
|
10
|
5
|
|
Maximum building size (square feet)
|
8,000
|
10,000
|
12,000
|
|
Maximum size per use or tenant (square feet)
[not applicable to grocery stores (land use codes LBCS Function 2151,
NAICS 445110)]
|
4,000
|
4,000
|
4,000
|
|
Maximum parcel size (square feet)
|
43,560
|
43,560
|
25,000
|
E.
Open space and parks.
(1)
The open space within the proposed development shall
be compatible with the surrounding neighborhood. The following amenities
are recommended to be provided in the open space area:
(2)
Not less than one linear foot of seating shall be
provided for each 50 square feet of open space. Seating dimensions
shall comply with the requirements of the Americans with Disabilities
Act.
F.
Building design. The building design shall be compatible
with the surrounding neighborhood.
A.
Outdoor display of retail goods, wares and merchandise
is a permitted accessory use in the GB, D-1, D-3, and HB Districts
if expressly permitted pursuant to a site plan. No such outdoor display
is permitted unless the site plan shows the location, area and boundaries
of the outdoor display.
B.
Such outdoor display must be customarily incidental
to a principal use in the district in which the outdoor display is
permitted. Only the business or entity occupying the principal use
or structure shall sell merchandise in the outdoor display areas.
C.
Such outdoor display is permitted in any yard, subject
to a minimum setback of 20 feet from an adjoining property line.
D.
Outdoor display shall be screened from view along any property line abutting a residential zoning district by a minimum Type B buffer as set forth in § 190-181B(2). This section does not apply except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood. To the extent that buildings on the premises are located so as to screen views from adjacent streets and properties, such buildings may be considered to be part of the required screening in lieu of landscaping, fences, walls, and enclosures.
E.
Maximum height of displayed merchandise limited to
height of fence or wall or six feet.
F.
All outdoor displays must be located on the same lot
as the principal use.
G.
Areas used for such display shall be furnished with
an all-weather hard surface of a material such as bituminous or concrete.
H.
Merchandise shall not be placed or located so as to
interfere with pedestrian or building access or egress, required vehicular
parking and handicap parking, aisles, access or egress, loading space
parking or access, public or private utilities, services or drainage
systems, fire lanes, alarms, hydrants, standpipes, or other fire-protection
equipment, or emergency access or egress.
I.
Outdoor display areas shall not be located on any parking spaces needed to comply with the minimum parking ratios of Article XXVIII, Table 198-1. Outdoor display areas shall be considered part of the floor area of the principal use or structure for purposes of computing the minimum number parking spaces required.
J.
Such display shall not violate applicable federal,
state, or local laws specific to the use of solid, liquid and gaseous
chemicals, materials or products.
Uses that involve the outdoor storage of inventory,
materials, parts, or equipment shall comply with the following standards:
A.
Purpose and findings.
(1)
The purpose of this section is to promote the health,
safety and general welfare of the citizens of the City of Nashua by
providing special design guidelines/standards and development regulations
which regulate the time, place and manner of the operation of sexually
oriented use facilities in order to minimize the negative secondary
effects associated with the concentration of such facilities. The
specific purposes of this section are to:
(a)
Establish a procedure that places strict limits
on processing time and eliminates any possibility for the exercise
of unfettered discretion in reviewing applications for establishing
sexually oriented uses.
(b)
Ensure orderly and thorough City review of applications
for sexually oriented uses.
(c)
Establish reasonable and uniform regulations
that will reduce possible adverse secondary effects that sexually
oriented uses may have upon the residents of the City and preserve
the integrity of existing commercial areas of the City and of residential
areas which are in close proximity to such commercial areas.
(d)
To protect the rights conferred by the United
States Constitution to sexually oriented uses in a manner that ensures
the continued and orderly development of property within the City
and diminishes those undesirable negative secondary effects that recognized
studies have shown to be associated with the development and operation
of sexually oriented uses.
(e)
To allow a process whereby the unusual site
development features or operating characteristics of uses which must
comply with this section may be conditioned through an individual
review, in order to be compatible with the surrounding uses of property.
(2)
Experience in this City as well as in cities and counties
within and outside of New Hampshire including the County of Los Angeles,
the City of Garden Grove and the Cities of Renton, Washington; Seattle,
Washington; Detroit, Michigan; Austin, Texas; Indianapolis, Indiana;
and Phoenix Arizona; have demonstrated that such uses have objectionable
secondary effects upon immediately adjacent residential and commercial
areas. The City recognizes and relies upon the experience of these
other cities and counties in adopting sexually oriented business regulations
including the County of Los Angeles [as discussed in Smith v. County
of Los Angeles 211 Cal. App. 3d 188 (1989)]; City of Renton, Washington
[as discussed in City of Renton v. Playtime Theatres, Inc. 475 U.S.
41 (1976)]; the City of Seattle Washington [as discussed in Northend
Cinema v. City of Seattle 90 Wash. 2d 709, 585 P.2d 1153 (1978)];
and the County of Palm Beach, Florida [as discussed in Movie and Video
Work v. Board of County Commissioners 723 F. Supp. 695 (S.D. Fla.
1989)] in support of this chapter. The City also recognizes and relies
upon the studies done by:
(a)
The 1979 Sexually-Oriented Use Study by the
Phoenix Planning Department;
(b)
Tucson, Arizona (1990).
(c)
The 1991 report to the City of Garden Grove
by Drs. McCleary and Meeker on the relationship between crime and
sexually oriented business operations;
(d)
The City of Los Angeles in 1977;
(e)
The 1984 "Analysis of Adult Entertainment Businesses
in Indianapolis" by the Department of Metropolitan Development;
(f)
Minneapolis, Minnesota (1980);
(g)
Cleveland, Ohio (1977);
(h)
Oklahoma City, Oklahoma (1986);
(i)
Austin, Texas' study on effects of sexually
oriented businesses;
(j)
Amarillo, Texas (1977);
(k)
Beaumont, Texas (1982);
(l)
Houston, Texas (1983); and
(m)
Seattle, Washington (1989).
(3)
The Board of Aldermen believes the following statements
are true, in part based upon its understanding of the experiences
of the various jurisdictions identified, and hereby finds and determines
that:
(a)
Crime rates tend to be higher in residential
areas surrounding sexually oriented businesses than in industrial
or commercial areas surrounding sexually oriented businesses;
(b)
Areas within close walking distance of single
and multiple-family dwellings should be free of sexually oriented
businesses;
(c)
Sexually-oriented businesses should be located
in specific areas of the City which are a specified distance from
sensitive uses such as residences, parks, religious institutions and
schools, irrespective of whether physical barriers are present. This
is necessary to:
[1]
Ensure that the impact on such sensitive uses
by adverse secondary effects caused by sexually oriented businesses
are mitigated to the maximum extent possible;
[2]
Prevent ad hoc decisions with respect to a potential
sexually oriented business site which does not meet the criteria set
forth herein; and
[3]
Provide certainty to the residents of the City
and sexually oriented business operators with respect to potential
sexually oriented use sites.
(d)
The image of the City as an attractive place
to reside will be adversely affected by the presence of sexually oriented
businesses in close proximity to residential uses, schools, religious
institutions and parks;
(e)
The existence of sexually oriented businesses
in close proximity to residential areas has been shown in some cities
to reduce the property values in those residential areas;
(f)
A reasonable regulation of the location of sexually
oriented businesses protects the image of the community and its property
values and protects its residents from the adverse secondary effects
of sexually oriented businesses while providing those who desire to
patronize sexually oriented businesses an opportunity to do so in
appropriate areas in the City; and
(g)
There is substantial evidence that an increase
in crime tends to accompany, concentrate around, and be aggravated
by sexually oriented businesses, including but not limited to an increase
in the crimes of narcotics distribution and use, prostitution, pandering,
and violence against persons and property.
(4)
The studies from other cities establish convincing
evidence that sexually oriented businesses which are not regulated
as to permissible locations often have a deleterious effect on nearby
businesses in residential areas, causing, among other adverse secondary
effects, an increase in crime and a decrease in property values. Regulations
for sexually oriented businesses should be developed to prevent deterioration
and/or degradation of the vitality of the community before the problem
exists, rather that waiting for problems to be created.
(5)
The Board of Aldermen recognizes and relies on the
findings set forth in the 1986 United States Attorney General's Report
on Pornography in support of this chapter, including but not limited
to its recommendations that local governments ban certain features
of video booths that facilitate carnal sexual encounters.
(6)
The Board of Aldermen finds the following, in part
based upon its understanding of the documents and judicial decisions
in the public record:
(a)
Evidence indicates that some dancers, models
and other persons who publicly perform specified sexual activities
or publicly display specified anatomical parts in sexually oriented
businesses (collectively referred to as "performers") have been found
to engage in sexual activities with patrons of sexually oriented businesses
on the site of the sexually oriented business;
(b)
Evidence has demonstrated that performers employed
by sexually oriented businesses have been found to offer and provide
private shows to patrons who, for a price, are permitted to observe
and participate with the performers in live sex shows;
(c)
Evidence indicates that performers at sexually
oriented businesses have been found to engage in acts of prostitution
with patrons of the establishment;
(d)
As a result of the above, and the increase in
incidents of AIDS and Hepatitis B, which are both sexually transmitted
diseases, the City has a substantial interest in adopting regulations
which will reduce, to the greatest extent possible, the possibility
for the occurrence of prostitution and casual sex acts at sexually
oriented businesses.
(7)
The Board of Aldermen has determined that the establishment
of a permitting process for sexually oriented businesses is a legitimate
and reasonable means of ensuring that:
(a)
Operators of sexually oriented businesses comply
with the reasonable regulations of this chapter. The recognized secondary
impacts of a proposed sexually oriented business in a specific location
are mitigated; and
(b)
Operators of sexually oriented businesses have
specific guidelines with respect to where they can establish or operate
a sexually oriented business.
(8)
It is not the intent of the Board of Aldermen in adopting
this chapter to suppress any activities protected by the First Amendment,
but rather to enact a content-neutral ordinance which addresses the
secondary effects that sexually oriented businesses have on the City.
The Board of Aldermen desires to protect the rights conferred by the
United States Constitution to sexually oriented businesses in a manner
that ensures the continued and orderly development of property within
the City and diminishes those undesirable negative secondary effects
the previously mentioned studies have shown to be associated with
the development and operation of sexually oriented businesses.
(9)
The Board of Aldermen and Planning Board have held
duly noticed public hearings, to receive input and testimony from
the public concerning the adoption of this proposed ordinance.
B.
ADULT ARCADE
ADULT BOOKSTORE
(1)
(2)
ADULT CABARET or ADULT NIGHTCLUB
ADULT DANCE STUDIO
ADULT ENTERTAINMENT STUDIO
ADULT HOTEL
ADULT MATERIAL
ADULT-ORIENTED MERCHANDISE
ADULT THEATER
ARCADE BOOTH
BREAST
COMMERCIAL ZONING DISTRICT
DANCER
EMPLOYEE
ENTERTAINER
ENTERTAINMENT
EROTIC DANCE STUDIO
FIGURE MODELING STUDIO
INDUSTRIAL ZONING DISTRICT
MATERIAL
NUDE
(1)
(2)
OBSCENE
OPERATOR
PARK
PATRON
PERFORMER
PERSON
RELIGIOUS INSTITUTION
RESIDENTIAL ZONE
SCHOOL
SEXUALLY ORIENTED BUSINESS
(1)
(2)
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
(4)
(5)
(6)
TAVERN
Definitions. In addition to the definitions contained in Article XLII of the Land Use Code, the following words and phrases shall, for the purposes of this section, be defined as follows. Should any of the definitions be in conflict with the current provisions of the Land Use Code, these definitions shall prevail:
Any business establishment or concern to which the public
is permitted or invited and where coin or slug operated or electronically,
electrically or mechanically controlled amusement devices, still or
motion-picture machines, projectors, videos or other image-producing
devices are maintained to show images on a regular or substantial
basis, where the images so displayed are considered adult material
as defined by this section.
An establishment having as a substantial or significant portion
of its stock-in-trade adult material, or an establishment with a segment
or section devoted to the sale or display of such material.
An establishment shall be deemed to have a "substantial
or significant portion of its stock-in-trade" if not less than 20%
of the stock of the business or 20% of the floor area which houses
the sexually oriented business is adult material; provided, however,
that if the sexually oriented business is housed in a building or
structure which includes more than one business, then the "floor area"
shall mean and refer to only that portion of the building which is
leased or otherwise demised to the sexually oriented business.
An establishment shall also be deemed to have
a "substantial or significant portion of its stock in trade" if not
less than 20% of the gross receipts of the business or use are derived
from the sale of adult material (as defined below).
A business establishment or concern which features live performances
by dancers or similar entertainers in the nude.
Any business establishment or concern which provides for
members of the public a partner for dance where the partner appears
nude, or where the dance is distinguished or characterized by the
emphasis on matter depicting, or describing or relating to specified
sexual activities or specified anatomical areas.
Any premises to which the public, patrons or members are
invited or admitted and which are so physically arranged as to provide
booths, cubicles, rooms, compartments or stalls separate from the
common areas of the premises, wherein an entertainer provides entertainment
to a member of the public, a patron or a member, when such entertainment
is held, conducted, operated or maintained for a profit, direct or
indirect. An adult entertainment studio includes, without being limited
to, any premises that is physically arranged and used as such, whether
advertised or represented as an entertainment studio, rap studio,
exotic dance studio, encounter studio, sensitivity studio, modeling
studio or any other term of like import. Adult entertainment studio
shall not include theaters, concert halls, or similar establishments
where entertainment is performed for groups of four or more.
A hotel which is used for presenting on a regular and substantial
basis material which is distinguished or characterized by the emphasis
on matter depicting or describing or relating to specified sexual
activities or specified anatomical areas through closed circuit or
cable television or through video tape recorder where video tapes
are provided by the hotel/motel. For purposes of this subsection,
a "hotel" means any building or other structure which is kept, used,
maintained, advertised or held out to the public as a place where
sleeping accommodations are offered for pay primarily to transient
guests and in which four or more rooms are used for the accommodation
of such guests, regardless of whether such building or structure is
designated as a motel, cabin camp, tourist cabin, or other type of
lodging unit. Evidence that a sleeping room in a hotel has been rented
and vacated two or more times in a period of time that is less than
10 hours creates a rebuttable presumption that the establishment is
an adult hotel as that term is defined in this section.
Materials which are distinguished or characterized by their
emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas.
Sexually oriented implements, paraphernalia, or novelty items,
such as but not limited to sexually oriented vibrators, inflatable
orifices, anatomical balloons with orifices, simulated and battery
operated sexual organs, and similar sexually oriented devices which
are designed or marketed primarily for the stimulation of human genital
organs or sadomasochistic activity or distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
A theater or other commercial establishment with or without
a stage that is used for presenting, on a regular and substantial
basis, material which is distinguished or characterized by an emphasis
on matter depicting, or describing, or relating to specified sexual
activities or specified anatomical areas.
A closed or partially enclosed portion of an establishment
in which an adult arcade is located, or where a live performance is
presented, on a regular or substantial basis, where the material presented
is distinguished or characterized by an emphasis on matter depicting,
or describing, or relating to specified sexual activities or specified
anatomical areas.
A portion of the human female mammary gland (commonly referred
to as the "female breast") including the nipple and the areola (the
darker colored area of the breast surrounding the nipple) and an outside
area of such gland wherein such outside area is (i) reasonably compact
and contiguous to the areola and (ii) contains at least the nipple
and the areola and 1/4 of the outside surface area of such gland.
Any property within the City which is zoned Local Business (LB), General Business (GB), Downtown (D) or Highway Business (HB), on the City's Official Zoning Map adopted pursuant to § 190-12 of the Nashua Land Use Code, as may be amended from time to time.
A performer who dances or otherwise performs in an adult
cabaret or adult nightclub, adult dance studio, adult entertainment
studio, arcade booth, or erotic dance studio, and who seeks to arouse
or excite the patrons' sexual desires.
Any and all persons, including independent contractors, who
work in or at or render any services directly related to the operation
of an adult entertainment studio.
Any person who provides entertainment within an adult entertainment
studio as defined in this section, whether or not a fee is charged
or accepted for entertainment and whether or not entertainment is
provided as an employee or an independent contractor.
Any exhibition, performance, display or dance of any type,
removal of articles of clothing or appearing unclothed, pantomime,
modeling, or any other personal service offered for amusement.
A fixed place of business which emphasizes and seeks, through
one or more dancers or performers, to arouse or excite the patrons'
sexual desires.
Any establishment or business which provides for members
of the public, the services of a live human model for the purpose
of reproducing the human body, wholly or partially in the nude, by
means of photograph, painting, sketching, drawing, or other pictorial
form.
Any property within the City which is zoned Commercial Industrial (CI), Park Industrial (PI), or General Industrial (GI) on the City's Official Zoning Map adopted pursuant to § 190-12 of the Nashua Land Use Code, as may be amended from time to time.
Relative to sexually oriented businesses, "material" shall
mean and include, but not be limited to, accessories, books, magazines,
photographs, prints, drawings, paintings, motion pictures, pamphlets,
videos, slides, tapes, or electronically generated images or devices
including computer software, or any combination thereof.
Any state of undress in which the whole or part
of any of the following, at a point below the top of the areola, is
less than completely and opaquely covered:
Body paint, body dyes, tattoos, liquid latex
whether wet or dried, and similar substances shall not be considered
opaque covering. Each female person may determine which 1/4 of her
breast surface area (see definition of "breast") contiguous to and
containing the nipple and the areola is to be covered.
Any material or performance is obscene if the average person
applying contemporary community standards would find that such material
or performance, taken as a whole, appeals to the prurient interest;
that the material or performance has patently offensive representations
or descriptions of ultimate sexual acts, normal or perverted; and
that the material or performance, taken as a whole, lacks serious
literary, educational, artistic, political or scientific value.
Any person, partnership, or corporation operating, conducting
or maintaining a sexually oriented use or sexually oriented business.
Any public or private land designated as "open space public"
or "open space, private" in the Master Plan.
Any person who is a guest, member or customer on or in a
sexually oriented business.
Any person who is an employee or independent contractor of
the sexually oriented business, or any person who, with or without
any compensation or other form of consideration, performs live entertainment
for patrons of a sexually oriented business and who seeks to arouse
or excite the patrons' sexual desires.
Any natural person, or any association, partnership, or corporation.
A facility used primarily for religious assembly or worship
and related religious activities, including any church, place of worship,
parish house, or convent.
Any property within the City which is designated as a residential district pursuant to § 190-15 of this chapter, as may be amended from time to time, including any property within the City which is zoned R-40 (Rural Residence), R-30 (Suburban Residence), R-18 (Suburban Residence), R-A (Urban Residence), R-B (Urban Residence) or R-C (Urban Residence) on the City's Official Zoning Map adopted pursuant to § 190-12 of this chapter.
Any institution of learning for minors, whether public or
private, which offers instruction in those courses of study required
by the New Hampshire Board of Education or which is maintained pursuant
to standards set by the New Hampshire Board of Education. This definition
includes a nursery school, kindergarten, elementary school, junior
high school, senior high school, whether public, parochial, or private,
but not including dancing schools, riding academies, or trade or vocational
schools.
Any business establishment or concern which
as a regular and substantial course of conduct operates as an adult
bookstore, adult theater, adult arcade, adult cabaret or adult nightclub,
figure modeling studio, adult dance studio, adult entertainment studio,
erotic dance studio, adult hotel, or massage establishment (other
than a message therapist holding a currently valid massage therapist
license issued by the New Hampshire Department of Health and Human
Services); or
Any business establishment or concern which
as a regular and substantial course of conduct offers, sells or distributes
adult-oriented merchandise or sexually oriented merchandise, or which
offers to its patrons adult materials or other products, merchandise,
services or entertainment characterized by an emphasis on matters
depicting, describing, or relating to specified sexual activities
or specified anatomical parts.
Includes:
Human genitals in a state of sexual stimulation
or arousal; and/or
Acts of human masturbation, sexual intercourse
or arousal; and/or
Use of human or animal ejaculation, sodomy,
oral copulation, coitus or masturbation; and/or
Masochism, erotic or sexually oriented torture,
beating, or the infliction of pain; and/or
Human excretion, urination, menstruation, vaginal
or anal irrigation; and/or
Fondling or other erotic touching of human genitals,
pubic region, buttock, or female breast.
Any premises on which alcoholic or cereal malt beverages
are sold or served for consumption on the premises pursuant to a license
or permit issued by the State of New Hampshire or any other political
subdivision or agency of the State of New Hampshire.
C.
Applicability.
(1)
No sexually oriented business shall be constructed,
established, or operated unless and until a sexually oriented use
permit or a temporary land use permit has been issued by the Administrative
Officer.
(2)
Nothing in this section shall be construed to apply
to any play, drama, ballet, or motion picture in any theater, concert
hall, museum of fine arts, school, institution of higher education,
or other similar establishment as a form of expression or opinion
or communication of ideas or information, as differentiated from the
promotion or exploitation of nudity for the purpose of advancing the
economic welfare of a commercial or business enterprise.
(3)
The establishment of any sexually oriented business
includes any of the following activities:
(a)
The opening of such a business as a new business.
(b)
The relocation of a sexually oriented business.
(c)
The conversion of an existing business to a
sexually oriented business.
(d)
An increase of the square footage of an existing
sexually oriented business.
(e)
The conversion of an existing sexually oriented
business to a different type of sexually oriented business.
D.
Locational limitations.
(1)
Subject to the limitations of Subsection D(2) below, sexually oriented businesses may be located in any HB Highway Business Zoning District of the City as herein defined. A sexually oriented business shall not be established in any other zoning district.
(2)
In the zoning districts where sexually oriented businesses
regulated by this section would otherwise be permitted uses, it shall
be unlawful to establish any such sexually oriented business unless
the location complies with the following requirements:
(a)
No sexually oriented business is permitted within
1,000 feet of another existing sexually oriented business or one for
which a building permit or zoning certificate of use has been applied
for; and
(b)
No sexually oriented business is permitted within
750 feet of any residence or any of the following: amusement or theme
park establishment (LBCS Function 5310); recreation or amusement enterprises
(LBCS 5300, NAICS 71399); recreation, indoor commercial (e.g., bowling
alley, billiards, pool) [LBCS Function 5380, LBCS Structure 3200,
NAICS 71312]; or recreation, outdoor commercial (LBCS Function 5310,
LBCS Structure 4440, or NAICS 71311).
(c)
No sexually oriented business is permitted within
750 feet of any religious institution, school, kindergarten, licensed
day care and/or day nursery, state-approved day-care center or public
sports/recreation parks; and
(d)
No sexually oriented business is permitted within
750 feet of the City boundaries; and
(e)
No sexually oriented business is permitted within
1,000 feet of another existing sexually oriented business on the date
of the passage of this amendment; and
E.
Development and performance standards.
(1)
Hours of operation.
(a)
No sexually oriented use or sexually oriented
business shall be open earlier than 11:00 a.m. or later than 11:00
p.m. No sexually oriented use or sexually oriented business shall
be open on any Sunday. It shall be unlawful for any operator or employee
of a sexually oriented business to allow such sexually oriented business
to remain open for business, or to permit any employee to engage in
a performance, solicit a performance, make a sale, solicit a sale,
provide a service, or solicit a service, between the hours of 11:00
p.m. and 11:00 a.m. of any day or on any Sunday.
(b)
All sexually oriented uses or sexually oriented
businesses shall be open to inspection at all reasonable times by
any law enforcement officer, the Administrative Officer, or such other
persons as the Administrative Officer may designate in the normal
course of his duties.
(2)
Lighting requirements. All exterior areas of the sexually
oriented business shall be illuminated at a minimum of 1.0 footcandle
throughout the premises, minimally maintained and evenly distributed
at ground level.
(3)
Signs. All sexually oriented uses or sexually oriented businesses shall comply with the following sign requirements in addition to the requirements of Article X of this chapter:
(a)
No merchandise or pictures of the products or
entertainment on the premises shall be displayed in window areas or
any area where they can be viewed from the sidewalk in front of the
building. Neither the performance nor any photograph, drawing, sketch
or other pictorial or graphic representation of a performance displaying
any portion of the breasts below the top of the areola or any portion
of the pubic hair, buttocks, genitals, and/or anus may be visible
outside of the sexually oriented use or sexually oriented business.
(b)
Window areas shall not be covered or made opaque
in any way. No signs shall be placed in any window. A one-square-foot
sign may be placed on the door to state hours of operation and admittance
to adults only.
(4)
Access provision. The operator shall not permit any
doors on the premises to be locked during business hours and, in addition,
the operator shall ensure that any room or area on the premises shall
be readily accessible at all times and shall be open to view in its
entirety for inspection by any law enforcement officer.
(5)
Minors' access.
(a)
No employee, owner, operator, responsible managing
employee, manager or permittee of a sexually oriented business shall
allow any person below the age of 18 years upon the premises or within
the confines of any sexually oriented business.
(b)
X-rated movies. X-rated movies or video tapes
shall be restricted to persons over 18 years of age. If an establishment
that is not otherwise prohibited from providing access to persons
under 18 years of age sells, rents, or displays videos that have been
rated "X" or rated "NC-17" by the motion-picture rating industry (MPAA),
or which have not been submitted to the MPAA for a rating, and which
consist of images which are distinguished or characterized by an emphasis
on depicting or describing specified sexual activities or specified
anatomical areas, said videos shall be located in a specific section
of the establishment where persons under the age of 18 shall be prohibited
and shall not be visible from outside the premises or from areas within
the premises where persons under the age of 18 are allowed.
(c)
Other adult materials. Access to adult materials
shall be restricted to persons over 18 years of age.
(6)
Closed booths. No one shall maintain any arcade booth
or individual viewing area unless the entire interior of such premises
wherein the picture or entertainment that is viewed is visible upon
entering into such premises; and further, that the entire body of
any viewing person is also visible immediately upon entrance to the
premises without the assistance of mirrors or other viewing aids.
No partially or fully enclosed booths/individual viewing area or partially
or fully concealed booths/individual viewing area shall be maintained.
No arcade booth shall be occupied by more than one patron at a time.
No holes shall be permitted between arcade booths or individual viewing
area.
(7)
Notification of requirements. A sign shall be conspicuously
displayed in the common area of the premises, and shall read as follows:
|
"THIS SEXUALLY-ORIENTED BUSINESS IS REGULATED BY NASHUA LAND USE ORDINANCE § 190-55. ENTERTAINERS ARE:
| ||
|
1.
|
Not permitted to engage in any type of sexual
conduct;
| |
|
2.
|
Not permitted to expose their sex organs;
| |
|
3.
|
Not permitted to demand or collect all or any
portion of a fee for entertainment before its completion."
| |
(8)
Regulation of viewing areas. Every sexually oriented
use or sexually oriented business shall be physically arranged in
such manner that the entire interior portion of the booths, cubicles,
rooms or stalls wherein entertainment is provided is visible from
a common area of the premises. Visibility shall not be blocked or
obscured by doors, curtains, drapes, or any other obstruction whatsoever.
All viewing areas within the sexually oriented business shall be visible
from a continuous and accessible main aisle in a public portion of
the establishment, and shall not be obscured in any manner by any
door, curtain, wall, two-way mirror or other device which would prohibit
a person from seeing into the viewing area from the main aisle. A
manager shall be stationed in the main aisle, or a video monitor shall
be established at a location from which the inside of all of the viewing
areas are visible at all times, in order to enforce all rules and
regulations. All viewing areas shall be designed or operated to permit
occupancy of either one person only, or more than 10 persons. The
operator shall be responsible for and shall provide that any room
or area used for the purpose of adult entertainment shall be readily
accessible at all times and shall be opened to view in its entirety
for inspection by the Administrative Officer or a law enforcement
officer at all reasonable times. "Viewing area" shall mean any area
in which a person views performances, pictures, movies, videos, or
other presentations.
(9)
Private performances. Any area in which a private
performance occurs shall:
(a)
Have a permanently open entranceway not less
than two feet wide and not less than six feet high, which entranceway
is not capable of being closed or partially closed by any curtain,
door, or other partition which would be capable of wholly or partially
obscuring any person situated in the area; and
(b)
Have a wall-to-wall, floor-to-ceiling partition
of solid construction without any holes or openings, which partition
may be completely or partially transparent, and which partition separates
the employee from the person viewing the display.
(10)
On-site manager; security measures. No person
shall engage in, conduct or carry on, or permit to be engaged in,
conducted or carried on the operation of a sexually oriented business
unless each and all of the following requirements are met:
(a)
All sexually oriented businesses shall have
a person who shall be at least 18 years of age and shall be on the
premises to act as manager at all times during which the business
is open. The sexually oriented business shall register any and all
individual(s) designated as the on-site manager with the Administrative
Officer by the owner to receive all complaints and be responsible
for all violations taking place on the premises.
(b)
The sexually oriented business shall provide
a security system that visually records and monitors all parking lot
areas, or in the alternative, uniformed security guards to patrol
and monitor the parking lot areas during all business hours. A sign
indicating compliance with this provision shall be posted on the premises.
The sign shall not exceed two by three feet and shall at a minimum
be one foot by 1 1/2 feet.
(11)
Clothing. All employees of sexually oriented
businesses, other than performers while performing, shall, at a minimum
while on or about the licensed premises, wear an opaque covering which
covers their specified anatomical areas.
(12)
Dancing and performing. In order to reduce the
opportunity for prostitution and narcotics transactions, to prevent
patrons and dancers/performers from engaging in sexual fondling and
caressing, and to reduce the likelihood of drug and sex transactions,
the following additional regulations shall apply to the operation
of any adult cabaret, adult dance studio, erotic dance studio, or
figure modeling studio:
(a)
Separation distances between entertainers and
patrons. No person shall perform live entertainment for patrons of
a sexually oriented business except upon a permanently fixed stage
or platform which is at least two feet above the level of the floor,
separated by a distance of at least 10 feet from the nearest area
occupied by patrons and surrounded with a three-foot-high barrier.
No patron shall be permitted within six feet of the stage while the
stage is occupied by a performer.
(b)
Contact between entertainers and patrons prohibited.
When patrons are present at the establishment, no dancer or performer
shall fondle or caress any patron, and no patron shall fondle or caress
any dancer or performer. This prohibition does not extend to incidental
touching. Patrons shall be advised of the separation and no touching
requirements by signs placed on the barrier and, in the event that
a patron disregards this requirement, by employees of the establishment.
F.
Procedures. No sexually oriented business shall be established until a land use permit is issued pursuant to § 190-128. The following procedures supersede any inconsistent requirements of § 190-128:
(1)
The Administrative Officer shall approve, approve
with conditions, or deny the application within 30 days after it is
filed. If the application is not approved, approved with conditions,
or denied during this time period, it shall be deemed approved.
(2)
The Administrative Officer shall issued the land use
permit if it complies with the requirements of this section.
G.
Appeals.
(1)
Any interested person may appeal the decision of the Administrative Officer to the Board of Zoning Appeals in accordance with the provisions of Part 4 of this chapter.
(2)
Consideration of an appeal of the Administrative Officer's decision shall be at a public hearing which shall be noticed as provided in § 190-136D of this chapter and shall occur within 30 days of the filing or initiation of the appeal. A final decision of the Board of Zoning Appeals shall be rendered not less than 30 days after the date of the initial public hearing. Said time period for rendering a final decision shall be computed from the date of the initial public meeting, and shall not be construed to run from the date of any continuation of said public hearing without the express written consent of the applicant, which consent shall include a knowing waiver of any and all constitutional rights to a hearing within this time period.
(3)
An appeal to the Hillsborough County Superior Court
from any action of the Board of Zoning Appeals hereto shall be taken
in accordance with RSA Chapter 677.
H.
Temporary permit pending judicial review of decision
to grant or deny.
(1)
Purpose. In order to comply with the standards for
prompt judicial review of a decision relating to the issuance of a
sexually oriented use permit as set forth in Freedman v. Maryland,
380 U.S. 51 (1965), the following procedures are hereby established.
(2)
Application. If land use permit is denied and an appeal or other legal challenge to said action is filed with the Board of Zoning Appeals and/or in the Nashua District Court or a Federal District Court, the applicant may file an application for a temporary land use permit which shall contain all of the information required by § 190-268 and a copy of the pleadings challenging said decision. If an application for a temporary land use permit is filed during the pendency of any judicial proceedings, the pleadings thereto shall be file-stamped by the circuit clerk of the court in which such proceedings have been filed.
(3)
Approval procedure. Within five days after receipt
of the application for a temporary land use permit, the Administrative
Officer shall determine whether the application is complete. If the
application is complete, the Administrative Officer shall issue the
temporary land use permit within five days after receipt thereof.
If the application is not complete, the Administrative Officer shall
return the application to the applicant with a statement of the manner
in which the application does not conform to the submittal requirements
of this section.
(4)
Scope of approval. Upon issuance of a temporary land
use permit, the applicant may commence operations as set forth in
the application for a temporary land use permit. The temporary land
use permit shall immediately expire, and the operations shall immediately
cease, upon a final decision by the District Court and courts of appellate
jurisdiction which is not subject to appeal, and which affirms or
upholds the decision of the Administrative Officer denying the application
for a sexually oriented use permit. Upon a final decision by the District
Court and all courts of appellate jurisdiction which is not subject
to appeal, and which reverses or invalidates the decision of the Administrative
Officer, the temporary land use permit application shall expire, and
the applicant may commence or continue operations in accordance with
the application for a sexually oriented use permit. Upon a final decision
by the District Court and all courts of appellate jurisdiction which
is not subject to appeal, and which upholds in part and reverses or
invalidates in part the decision of the Administrative Officer, the
temporary land use permit application shall expire and operations
shall immediately cease, and the applicant shall reapply for a permit
in accordance with those provisions of this chapter and/or the actions
of the Administrative Officer which were upheld by said decision.
(5)
Limitations and exceptions. No temporary land use
permit shall be issued for a sexually oriented use within a residential
zoning district. No temporary land use permit shall be issued for
a massage establishment, which activities are not considered expressive
conduct protected by the First Amendment.
I.
Permit expiration. Any land use permit approved pursuant
to this section shall become null and void if not exercised within
one year from the date of the approval. If a sexually oriented business
ceases to operate for a period of six months, the land use permit
shall become null and void. A permit extension shall be granted if
prior to the expiration date the permittee demonstrates to the satisfaction
of the Administrative Officer that it has a good faith intent to presently
commence the proposed use. Such extensions shall not exceed a total
of two six-month extensions.
J.
Permit approval criteria. The Administrative Officer
shall not approve or conditionally approve an application for a land
use permit unless where the information submitted by the applicant
substantiates the following findings:
(2)
The sexually oriented business is located in a zoning
district which lists sexually oriented businesses as a permitted use;
and
(3)
The sexually oriented business structure does not
contain any apartments or other living quarters; and
(4)
The applicant is at least 18 years of age; and
(5)
The applicant has not been found guilty or pleaded
nolo contendere within the past four years of a misdemeanor or a felony
classified by the state as a sex or sex-related offense pursuant to
RSA Chapters 571:B of Article LVIII and Chapters 632, 632:A, 649:A,
649:B, and 650 of Article LXII.
K.
Display of license or permit. The land use permit
shall at all times be displayed in a conspicuous public place in the
sexually oriented business.
L.
Responsibilities of the operator. The City hereby finds that the following information is necessary in order to ensure the proper administration of this § 190-55, as well as the proper inspection and identification of all persons which control the operation of any sexually oriented business permitted pursuant to this chapter.
(1)
The operator shall maintain a register of all employees,
showing the name, and aliases used by the employee, home address,
age, birth date, sex, weight, color of hair and eyes, phone numbers,
social security number, date of employment and termination, and duties
of each employee and such other information as may be required by
the Board. The above information on each employee shall be maintained
in the register on the premises for a period of one year following
termination.
(2)
The operator shall make the register of employees
available immediately upon demand of any law enforcement officer at
all reasonable times.
(3)
Every act or omission by any employee constituting a violation of the provisions of this § 190-55 shall be deemed the act or omission of the operator, if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(4)
An operator shall be responsible for the conduct of all employees while on the licensed premises and any act or omission of any employee constituting a violation of the provisions of this § 190-55 shall be deemed the act or omission of the operator for purposes of determining whether the operator's land use permit shall be revoked, suspended or renewed.
(5)
There shall be posted and conspicuously displayed
in the common areas of each adult entertainment studio a list of any
and all entertainment provided on the premises. Such list shall further
indicate the specific fee or charge in dollar amounts for each entertainment
listed.
(6)
The operator shall make the list available immediately
upon demand of any law enforcement officer at all reasonable times.
(7)
The owner or operator shall ensure that the premises
comply, at all times, with the standards of this section.
M.
Permit revocation.
(1)
Any permit issued pursuant to the provisions of this
section may be revoked by the Administrative Officer on the basis
of any of the following:
(a)
That the business or use has been conducted in a manner which violates one or more of the requirements of this § 190-55, or if the operator or entertainer or any employee of the operator violates any provision of this § 190-55; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Administrative Officer shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.
(c)
An operator employs an entertainer who does
not have a permit or provides space on the premises, whether by lease
or otherwise, to an independent contractor who performs as an entertainer
without a permit.
(d)
Any intoxicating liquor or cereal malt beverage
is served or consumed on the premises of the sexually oriented business
or sexually oriented use.
(e)
That the permittee has failed to obtain or maintain
all required City, county, and state licenses and permits;
(f)
That the permit is being used to conduct a use
different from that for which it was issued;
(g)
That the building or structure in which the sexually oriented business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the Building Code, Plumbing Code (Chapter 105 of the City Code, as amended), or the Uniform Fire Code (Chapter 156 of the City Code, as amended);
(h)
That the permittee has failed to obtain a business
license; or
(i)
That the permittee, if an individual, or any
of the officers or general partners, if a corporation or partnership
is found guilty or pleaded nolo contendere to a misdemeanor or felony
classified by the state as a sex or sex-related offense pursuant to
RSA Chapter 571-B of Article LVIII and Chapters 632, 632-A, 649-A,
649-B, and 650 of Article LXII during the period of the adult establishment's
operation; or
(j)
That the use for which the approval was granted
has ceased to exist or has been suspended for six months or more.
(k)
False or misleading information or data was
given on any application or material facts were omitted from any application.
(2)
The transfer of a land use permit shall automatically
and immediately revoke the land use permit.
(3)
Except in the case of Subsection M(2) hereof, the Administrative Officer before revoking or suspending any license or permit shall give the operator or entertainer at least 10 days' written notice of the charges against him or her and the opportunity for a public hearing before the Board of Zoning Appeals at which time the operator or entertainer may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. The Board of Zoning Appeals shall notice and conduct a public hearing on the proposed permit revocation. Written notice shall be provided within at least 10 days prior to the hearing to all parties who have expressed their interest in writing. The revocation hearing shall be heard by the Board of Zoning Appeals. The Board of Zoning Appeals shall not be bound by the formal rules of evidence at the hearing. The Board of Zoning Appeals shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's land use permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this section as set forth in § 190-55L above, and the underlying zoning district in which the property is located. The Board of Zoning Appeals shall render its decision within 30 days of the public hearing. All other procedures before the Board of Zoning Appeals shall be governed by § 190-136 of this chapter.
(4)
Any operator or entertainer whose land use permit
is revoked shall not be eligible to receive a license or permit for
five years from the date of revocation. No location or premises for
which a land use permit has been issued shall be used as a sexually
oriented business for two years from the date of revocation of the
land use permit.
O.
Applicability to other regulations. The provisions
of this section are not intended to provide exclusive regulation of
the regulated sexually oriented uses. Such uses shall comply with
any and all applicable regulations imposed in other articles of the
Nashua Land Use Ordinance, other City ordinances and state and federal
law.
P.
Conduct constituting a public nuisance. The conduct
of any business within the City in violation of any of the terms of
this section is hereby found and declared to be a public nuisance,
and the City Solicitor/Corporation Counsel or the District Attorney
may, in addition or in lieu of prosecuting a criminal action hereunder,
commence an action or proceeding for the abatement, removal and enjoinment
thereof, in the manner provided by law; and shall take other steps
and shall apply to such courts as may have jurisdiction to grant such
relief as will abate or remove such sexually oriented use and restrain
and enjoin any person from conducting, operating or maintaining a
sexually oriented use contrary to the provisions of this section.
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Purpose: This section is designed to
improve the appearance and character of larger shopping centers. This
section implements the following Master Plan recommendations:
|
|
Enhance existing commercial areas with
improved landscaping, aesthetics, signage, nighttime light pollution,
architectural design, traffic flow and coordination with abutting
land uses whenever the opportunity presents itself. (Economic Development)
|
|
Require developers to set aside adequate
amounts of accessible and usable recreational land within subdivisions
and on large nonresidential tracts, where advisable, through the subdivision
and site plan approval processes. (Conservation Element)
|
A.
Applicability. This section applies to any of the
following uses that include at least 30,000 square feet of gross floor
area:
|
Land Use Code
| ||||
|---|---|---|---|---|
|
Use
|
LBCS Function
|
LBCS Structure
|
NAICS
| |
|
Shopping center, community center (general merchandise
with two or more anchors) including between 100,000 to 300,000 gross
square feet of building area and between 10 to 30 acres of site area
|
2520
|
44-45
| ||
|
Shopping center, regional center (enclosed mall
with two or more anchors) including between 400,000 to one million
gross square feet of building area and between 10 to 100 acres of
site area
|
2530
|
44-45
| ||
|
Shopping center, super-regional center (similar
to regional, but has three or more anchors) including at least 500,000
gross square feet of building area and more than 100 acres of site
area
|
2540
|
44-45
| ||
|
Shopping center/superstores, over 60,000 square
feet
|
2500
|
2560
|
44-45
| |
|
Shopping, fashion/specialty center (higher end,
fashion-oriented stores)
|
2550
| |||
|
Shopping, home improvement center
|
2122
|
2592
|
444130
| |
|
Shopping, malls, shopping centers, or collection
of shops not otherwise enumerated
|
2500
| |||
|
Shopping, market shops including open markets
|
2260
| |||
|
Shopping, outlet or discount center (manufacturer
outlet stores)
|
2580
| |||
|
Shopping, power center (category-dominated anchors
with few small tenants), including between 250,000 to 600,000 gross
square feet of building area and between 25 to 80 acres of site area
|
2560
| |||
|
Shopping, theme or festival center (leisure,
tourist-oriented, restaurants)
|
2570
| |||
B.
Site design. Bus stops, dropoff and pickup points
shall be integrated with traffic patterns on the site.
D.
Open space and parks.
(1)
At least two of the following amenities shall be provided
in an open space area: ornamental fountains;
(2)
Not less than one linear foot of seating shall be
provided for each 50 square feet of open space. Seating dimensions
shall comply with the requirements of the Americans with Disabilities
Act.
|
Purpose: This section restricts the
impacts and permit times for temporary uses such as carnivals, Christmas
tree sales, construction offices, and similar temporary uses.
|
A.
This section applies to uses and structures that have only a seasonal or temporary duration, including those uses enumerated in Subsections E and F below, and flea markets, vegetable stands, Christmas tree sales, community festivals, fresh produce stands and temporary promotions by permanent businesses.
B.
Any person wishing to establish a temporary use shall
obtain a land use permit for such use.
C.
The Administrative Officer shall make each of the
following findings before issuing a zoning certificate for a temporary
use:
(1)
The temporary use shall not be detrimental to the
public health, safety or welfare, and is compatible with the purpose
and intent of this Zoning Ordinance and the specific zoning district
in which it is located.
(2)
The temporary use shall be compatible in intensity,
characteristics and appearance with surrounding land uses. Factors
such as location, access, traffic generation, noise, light, dust control
and hours of operation shall be considered.
(3)
The temporary use shall comply with the general standards
for the zoning district in which it is located, including but not
limited to hours of operation, yard requirements, commercial vehicle
parking and signs.
(4)
Adequate off-street parking shall be provided to serve
the temporary use.
D.
The Administrative Officer may impose such conditions
on any proposed temporary use and require such guarantees as he or
she deems reasonable and necessary to protect the public interest
and to ensure compliance with the standards and purposes of this Zoning
Ordinance and policies of the Comprehensive Plan.
E.
The following temporary uses and structures shall
be permitted in all zoning districts, except as otherwise specified
below, provided such temporary use or structure shall comply with
the regulations of the zoning district in which it is located and
all other applicable regulations of this chapter.
(1)
The indoor or outdoor storage of building materials
and equipment and temporary buildings for construction purposes may
be allowed as a temporary use, provided that such storage or temporary
building shall be located on the site under construction and shall
not exceed the duration of such construction or one year, whichever
is less. The Administrative Officer, upon written request, may for
good cause shown grant extensions to this time limit.
(2)
Temporary real estate tract offices for the purpose
of conducting the sale of lots of the tract upon which the tract office
is located may be allowed as a temporary use, provided that such office
shall be located on the tract for a period not to exceed one year.
The Administrative Officer, upon written request, may for good cause
shown grant extensions to this time limit.
(3)
Indoor or outdoor temporary amusement events, including
the erection of tents for such event, may be allowed as a temporary
use, provided that such use shall not exceed a duration of 15 days
in one calendar year. In the residence and office residence districts,
such temporary amusement events shall be located on institutional
and public uses property only.
(4)
The seasonal outdoor sale of Christmas trees may be
allowed as a temporary use in the following locations:
(a)
On vacant and developed properties within commercial
zoning districts.
(b)
On properties with existing commercial businesses
in noncommercial zoning districts where tree sales have occurred for
at least five years as evidenced by vendors permits issued by the
City Clerk's office. No zoning authorization shall be given to establish
new sites.
(c)
On vacant properties in noncommercial zoning
districts where the site has been used historically for tree sales.
F.
Temporary business use. The Administrative Officer
may approve the temporary use of a mobile home for living quarters,
office, storeroom or shop in connection with construction work in
any zoning district, provided that:
(1)
A permit for temporary business use is required from
the Administrative Officer. To obtain a permit, the construction firm
or its representative shall file a statement which shall include the
name of the firm, its home office address, the estimated period of
stationing requested and the proposed use of the mobile home. Such
permit may be extended upon request for sufficient reason.
(2)
Any sanitary facilities to be used shall be sewer-connected
to a disposal system approved by the Plumbing Inspector and the Health
Officer.
(3)
The Administrative Officer shall be notified upon
the removal of a mobile home stationed for a temporary business use.
See Part 6.
