City of Nashua, NH Article VI Supplemental Use Regulations

§ 190-31 Accessory uses and structures.

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.

B. Campers. See § 190-35.

§ 190-31.1 Keeping of chickens.

[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.

§ 190-32 Accessory dwelling units.

[Amended 8-8-2017 by Ord. No. O-17-036; 5-22-2018 by Ord. No. O-18-013; 12-23-2025 by Ord. No. O-25-076]

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 980 square feet.

(a) If an accessory dwelling unit is proposed to be developed within an existing structure, or a portion thereof, and no expansion of the footprint of that existing structure is proposed, the accessory dwelling unit may consist of an area up to 1,200 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.

(4) The applicant shall make provisions for adequate water supply and sewage disposal for the accessory dwelling unit in accordance with RSA 485-A:38.

(5) The owner of the property must occupy either the primary or accessory dwelling unit as the owner's principal place of residence.

(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). 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 building permit for 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, either on-site or at an off-site location and legally dedicated via a lease agreement or other instrument deemed acceptable by the Administrative Officer.

(8) Attached accessory dwelling units shall either have an independent means of ingress and egress or ingress and egress through a common space shared with the principal dwelling.

(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 multiple single-family dwellings attached to each other, such as townhouses.

(11) Where the standards of this section conflict with those found elsewhere in Chapter 190, Land Use, the standards of this section apply.

§ 190-33 Attached dwellings.

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.

B. Room renting. Room renting, where permitted by the Use Matrix (§ 190-15, Table 15-1), shall comply with the following:

(1) No more than four roomers are permitted per dwelling unit; and

(2) Parking areas shall be located only within the rear yard and outside of any required setback. Parking areas shall not exceed 50% of the rear yard.

§ 190-34 Bed-and-breakfast.

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.

§ 190-35 Campers.

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.

§ 190-36 Child day-care facilities.

[Amended 11-25-2025 by Ord. No. O-25-074]

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 are permitted by right as an accessory use to the primary residential use, provided all requirements for such programs adopted in rule of the Department of Health and Human Services (He-C 4002) are met.

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.

§ 190-37 Churches, synagogues, and places of religious worship; and community centers.

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:

(1) Within any R-40, R-30, R-18, R-9, R-A, or R-B Zoning District, the maximum height shall be 36 feet or three stories, subject to any height exemptions prescribed in § 190-16I; and

(2) Within any residential zoning district, no off-street parking shall be located within the front yard.

§ 190-38 Communications towers and antennae.

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:

[1] On existing buildings;

[2] On other existing structures, including but not limited to water tanks and utility transmission poles;

[3] On existing communications towers;

[4] On new structures under 50 feet; and

[5] On new communications towers.

(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.

§ 190-39 Commercial retrofit or "Greyfield" redevelopment.

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.

§ 190-40 Conservation subdivisions.

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.

(2) The minimum lot size requirements of the zoning district (Article III, § 190-16) shall not apply to a conservation subdivision. However, a conservation subdivision shall not exceed the maximum density permitted by § 190-16, Table 16-3 (Dimensional Matrix). [Note: See example below.]

(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:

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).

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.

Table 40-1 Conservation Subdivision Bonus Density
(A) Incentive	(B) Bonus Units (per acre) for Tracts Not Exceeding 10 Acres
An existing natural landscape buffer, which shall be supplemented by additional planting where natural vegetation is sparse or nonexistent, at least 200 feet in depth along existing public rights-of-way (excluding existing structures which are to be incorporated into the proposed project) and 100 feet along all project property lines, whose purpose is to provide a natural visual screen between the proposed development and adjacent property and public roads.	0.25
Providing 250 square feet per unit or more of developed active recreation facilities such as swimming pools, tennis courts, basketball courts, play lots and ball fields.	0.15
When recommended by the Planning Board, and confirmed by the Board of Aldermen, a dedication and/or development of land for a public community facility (excluding water or sewer improvements or roads) which is necessary to serve the general area or district in which the development is located, and/or providing 250 square feet per unit or more of developed active recreation facilities as described above. Such recreation facilities shall be dedicated for public use; shall be consistent with the goals of the City recreation plan; shall be reviewed by the City's Parks and Recreation Director prior to submittal of the plan to the Planning Board and Board of Aldermen. Any dedications secured under this paragraph may be permitted within the required fifty-foot or one-hundred-foot buffer area.	0.10 to 0.25 units per acre, depending upon the quantity and quality of the dedicated facilities as determined by the Planning Board
Privately operated day nursery or kindergarten facilities providing care for 12 or more resident or nonresident children contained within a freestanding structure (except if associated with a multiple-tenant commercial structure) may be approved by the Planning Board. Such facilities shall be compatible with surrounding land uses and designed in a manner which permits safe and convenient vehicular access and egress. In addition, day nursery or kindergarten facilities shall be subject to the approval and periodic inspection of the City Community Services Division.	0.25

D. Site design.

(1) A conservation subdivision shall comply with Article XXV of this chapter, except as otherwise provided herein.

(2) Lots within a conservation subdivision are not subject to the minimum frontage or minimum lot width requirements of the Dimensional Matrix (Article III, § 190-16, Table 16-3).

(3) Lots within 100 feet of a conservation area shall front on a conservation access street. Lots shall not front on a collector or higher order street.

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.

(1) The open space and parks standards relating to maintenance (§ 190-205) shall apply to a conservation subdivision. No other requirements of the open space and parks standards (Article XXIX) apply to a conservation subdivision.

(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.

	Table 40-2 Conservation Subdivision Open Space
	(A)	(B)
	Area	Function Value Factor
	Wetlands	0.5
	Woodlands	1.5
	Sensitive aquifer recharge features	0.5
	All of the floodway and flood fringe within the 100-year floodplain, as shown on official FEMA maps	0.5
	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	1.0
	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	1.0
	Steep slopes (i.e., slopes exceeding 25%)	0.5
	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	0.5
	Significant wildlife habitat areas	1.0
	Areas with highly permeable ("excessively drained") soil	0.5
	Historic, archaeological or cultural features listed (or eligible to be listed) on national, state or county registers or inventories	1.0
	Scenic views into the property from existing public roads	1.0

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.

§ 190-41 Drive-through or drive-in uses.

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.

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.]

	Table 41-1 Drive-Through Stacking Distances
	Number of Drive-Through Lanes	Stacking Distance (feet)
	1	160
	2	140
	3	120
	4	100
	5	80

(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.

§ 190-41.1 Drug replacement therapy facilities.

[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.

§ 190-42 Housing for older persons.

[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.

	•	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.
	•	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.
	•	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.
	•	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.
	•	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.
	•	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.
	•	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.
The City of Nashua finds, determines and declares that:
	•	There is a recognized need within the City for suitable and appropriate housing for older persons.
	•	Older persons are exclusively people age 55 and older.
	•	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.
	•	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.
	•	It is recognized that exclusive zoning for persons 55 or older promotes the general health and welfare.
This section implements the following Master Plan recommendation:
	•	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.

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).

Table 42-2
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.

§ 190-43 Extractive industries.

See Part 5, Excavation Regulations.

§ 190-44 Fences.

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]

§ 190-45 Gas stations/convenience stores.

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.
•	Applying design standards and signage regulations to canopies and pumps.

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:

(1) Interior ATM machine.

(2) Check cashing services.

(3) Copying and fax services.

(4) Money orders or money grams.

(5) Pre-prepared/packaged food.

C. Accessory uses.

(1) The accessory uses listed below may be combined with the principal uses pursuant to Table 45-1:

	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. Driveways. The standards of § 190-209 shall apply except as follows:

(1) The number of entrances shall not exceed two from any one street.

(2) Driveway entrances shall be separated by the following minimum distances as measured along the street right-of-way line, but in no case less than 25 feet:

(a) Local streets: two times the driveway width; and

(b) Collector or arterial streets: three times the driveway width.

(3) Driveways shall be located a minimum of five feet from the side lot line.

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.

§ 190-46 Halfway houses and community living facilities.

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.

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.

§ 190-47 Home occupations.

[Amended 11-12-2008 by Ord. No. O-08-38; 11-25-2025 by Ord. No. O-25-074]

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:

(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. Child day-care facilities are exempt from this restriction.

(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 shall be prominently displayed by use of text and 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) Maximum number of home occupation signage per premises shall be one.

(4) Advertising on the premises is prohibited.

(5) 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.

(6) The above conditions for home occupation signage apply to both minor and major home occupations, as referenced in this § 190-47 of this chapter.

§ 190-48 Inclusionary zoning.

[Amended 12-28-2021 by Ord. No. O-21-073]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABLE

(1) 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

(2) 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.

AFFORDABLE HOUSING

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.

AREA MEDIAN INCOME (AMI)

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.

CDD

Community Development Department of the City of Nashua, or its successor.

COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)

As defined in 24 CFR 92.2, which is hereby incorporated by this reference.

DOWNTOWN

Any lot, parcel or tract within a contiguous area that is located within the D-1 or D-3 zoning districts.

HOUSING DEVELOPMENT

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.

OWNERSHIP HOUSING

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.

RENTAL HOUSING

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.

§ 190-49 Junkyard, automotive recycling yards and motor vehicle recycling yards.

Purpose: This section establishes regulations consistent with state law, including RSA 236:111 to 236:129.

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.

§ 190-50 Manufactured housing.

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.

C. Districts allowing parks. See Use Matrix (§ 190-16).

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.

H. Open space, parks and recreation. Each manufactured home park shall comply with Article XXIX.

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.

L. Utilities. Utilities shall comply with Article XXXII.

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.

§ 190-51 Neighborhood Center.

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.
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.
This section implements the following Master Plan recommendations:
•	Provide adequate shopping and service opportunities for under-serviced populations.
•	Encourage infill development within, and work to revitalize existing commercial areas.
•	Guide commercial and industrial development to the existing built areas of the City and minimize development in outlying, undeveloped areas.
•	Encourage and support businesses that reduce employee and product-related vehicle trips.

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:

(a) Ornamental fountains.

(b) Ornamental lampposts

(c) Stairways.

(d) Waterfalls.

(e) Sculptures.

(f) Arbors.

(g) Trellises.

(h) Planted beds.

(i) Drinking fountains.

(j) Clock pedestals.

(k) Awnings.

(l) Canopies.

(m) Benches, picnic tables, or similar outdoor seating spaces.

(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.

§ 190-52 Permanent outdoor display areas.

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.

§ 190-53 Outdoor storage.

Uses that involve the outdoor storage of inventory, materials, parts, or equipment shall comply with the following standards:

A. Required setbacks.

(1) Outdoor storage shall not be located within a required front setback. (See Table 16-3.)

(2) Outdoor storage shall not be located closer than 50 feet to any street or any residential district boundary line.

B. Screening and landscaping. See § 190-182.

§ 190-54 Residential uses.

All uses listed as residential uses in the Use Matrix (§ 190-15, Table 15-1) shall comply with the parking standards established in Article XXVIII of this chapter in addition to the applicable requirements of this chapter.

§ 190-55 Sexually oriented businesses.

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. 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:

ADULT ARCADE

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.

ADULT BOOKSTORE

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.

(1) 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.

(2) 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).

ADULT CABARET or ADULT NIGHTCLUB

A business establishment or concern which features live performances by dancers or similar entertainers in the nude.

ADULT DANCE STUDIO

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.

ADULT ENTERTAINMENT STUDIO

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.

ADULT HOTEL

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.

ADULT MATERIAL

Materials which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

ADULT-ORIENTED MERCHANDISE

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.

ADULT THEATER

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.

ARCADE BOOTH

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.

BREAST

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.

COMMERCIAL ZONING DISTRICT

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.

DANCER

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.

EMPLOYEE

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.

ENTERTAINER

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.

ENTERTAINMENT

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.

EROTIC DANCE STUDIO

A fixed place of business which emphasizes and seeks, through one or more dancers or performers, to arouse or excite the patrons' sexual desires.

FIGURE MODELING STUDIO

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.

INDUSTRIAL ZONING DISTRICT

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.

MATERIAL

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.

NUDE

(1) 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:

(a) The male or female genitals; or

(b) The male or female pubic area; or

(c) The female breast (see the last sentence in this subsection); or

(d) The buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, dental floss and thongs.

(2) 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.

OBSCENE

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.

OPERATOR

Any person, partnership, or corporation operating, conducting or maintaining a sexually oriented use or sexually oriented business.

PARK

Any public or private land designated as "open space public" or "open space, private" in the Master Plan.

PATRON

Any person who is a guest, member or customer on or in a sexually oriented business.

PERFORMER

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.

PERSON

Any natural person, or any association, partnership, or corporation.

RELIGIOUS INSTITUTION

A facility used primarily for religious assembly or worship and related religious activities, including any church, place of worship, parish house, or convent.

RESIDENTIAL ZONE

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.

SCHOOL

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.

SEXUALLY ORIENTED BUSINESS

(1) 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

(2) 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.

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely covered:

(a) Human genitals, pubic region;

(b) Buttock; or

(c) Female breast below a point immediately above the top of the areola; or

(2) Any device or covering, when exposed to view, which simulates the female breast below a point immediately above the top of the areola, human genitals, pubic region or buttock; or

(3) Human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Includes:

(1) Human genitals in a state of sexual stimulation or arousal; and/or

(2) Acts of human masturbation, sexual intercourse or arousal; and/or

(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

(4) Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; and/or

(5) Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

(6) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

TAVERN

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

(f) No sexually oriented business is permitted within a building, premises, structure or other facility that contains a sexually oriented business as defined in Subsection B above.

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:

(1) The sexually oriented business use is consistent with the location requirements of § 190-55D and the applicable performance standards of § 190-125E; and

(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.

(b) Any cost or fee required to be paid by this § 190-55 is not paid.

(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.

N. Violations. Any person who violates any section of this § 190-55 shall be subject to the provisions of § 190-156 of this chapter.

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.

§ 190-56 Shopping centers.

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.

C. Building design. See § 190-172.

D. Open space and parks.

(1) At least two of the following amenities shall be provided in an open space area: ornamental fountains;

(a) Ornamental lamp posts;

(b) Stairways;

(c) Waterfalls;

(d) Sculptures;

(e) Arbors;

(f) Trellises;

(g) Planted beds;

(h) Drinking fountains;

(i) Clock pedestals;

(j) Awnings;

(k) Canopies; or

(l) Benches, picnic tables, or similar outdoor seating space.

(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.

§ 190-57 Temporary uses.

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.

§ 190-58 Utility structures.

See Part 6.