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City of Nashua, NH
Hillsborough County
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Code
New Laws (59) Index
Purpose: This Part 6 establishes requirements for utility structures pursuant to RSA 674:30.
This article applies to public utility structures. For purposes of this article, a "public utility structure" means any line, pipe, building, pump station, or other structure used to deliver or provide public utilities such as water, sewer, telephone, gas, electric, cable, or other public utility services to the extent permitted by New Hampshire law.
The Planning Board may waive any requirement contained in an ordinance, code or regulation for any unoccupied structure which is less than 200 square feet in area consistent with RSA 674:30.
In accordance with RSA 674:30.II, the following standards apply to public utility structures:
A. 
The storage of vehicles or equipment used in the maintenance of a utility is not permitted unless such activities are permitted in the applicable zoning district. (See § 190-15.)
B. 
No equipment causing unreasonable noise, vibration, smoke, odor or hazardous effect shall be installed.
C. 
The external design of the building shall conform to the buildings in the surrounding area.
D. 
The minimum lot size, frontage, and lot width requirements of § 190-16 do not apply to utility structures. However, public utility structures shall comply with the front, side and rear yard setbacks of the applicable zoning district, except for maximum front setbacks.
E. 
All utility lines, pipes, cables, or similar structures shall be located underground, unless the Planning Board determines that unfavorable site conditions warrant aboveground installation.
Comment: Compare Article XXXII which addresses utility requirements for subdivision and site plan approval. This article differs from Article XXXII in that it applies to the utility providers, rather than the mandatory utility requirements for subdivision or site plan applicants.
Utility facilities not used for human occupancy are only required to meet the minimum front, side and rear yard setbacks and the maximum height requirements, of § 190-16, Table 16-3 (Dimensional Matrix), except as provided for § 190-16I. Any lot created or developed under this subsection shall provide open space in all areas required by the minimum yard setbacks except for necessary access drives to the facility.